Tracking# 2008-00602
(former emergency# 2008-00708)
Adopted emergency 07/11/2008, eff. 07/11/2008; 
adopted final (permanent) 08/01/2008, eff. 10/1/08

I:/08051401.rtf
[I:/08051401.doc]

(9 CCR 2504-1)

[Instructions:  insert before line 1431659.] 
Revisions to Sections 6.210.12-6.210.13, 6.803.45-6.803.48, 6.804.1-6.804.2, 6.804.5-6.804.61, and 6.804.8 were final adoption (permanent) of emergency rules at the 8/1/2008 State Board meeting, with an effective date of 10/1/2008 (Rule-making# 08-5-14-1). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Boards and Commissions Division, State Board Administration. 

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[Instructions: replace line 1494850.]
6.210.12 [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
Child Support Enforcement workers shall release the name, mailing and/or residential address, Social Security Number, place of employment, day care amount, income, health insurance information, and date of birth of custodial parties, noncustodial parents or children, and establishment or enforcement information concerning the legal obligation for support only in the following circumstances: 
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[Instructions: replace line 1494851.]
F.  To provide statutorily required information to the court on child support orders and other documents that are completed by the CSE Unit and then filed with the court, unless there has been a court order of non-disclosure entered to suppress such information on that particular party.
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[Instructions: replace line 1494852.]
6.210.13  Disclosure [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]

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[Instructions: replace line 1494853.]
C.  At the request of any attorney who is not the attorney of record as reflected on the automated child support system or in the court files. 
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[Instructions: replace lines 1494854 through 1494874.]
6.803.45  Notify Obligee of Decision [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
The CSE unit shall promptly notify the obligee in writing of the decision rendered and will provide a copy of the decision to the State Department within five days of the date the decision is rendered.
6.803.46  Notify Obligee of Right for Further Review [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
The CSE Unit shall notify the obligee in writing of his/her right to request a further review by the State Department. The obligee will be advised that the written request must be received by the state office within thirty (30) calendar days of the mailing of the county decision to the obligee.
6.803.47  State Responsibilities [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
Upon written request for further administrative review, the State Department shall: 
A.  Provide notice to the obligee which shall contain:
1.  A statement that the only issue to be reviewed is the distribution of current support and/or arrearage payments collected;
2.  A statement that the review is a review of the records only and not a judicial determination and that the review will be limited to the documentation in the CSE file and any written material the obligee wishes to present.
B.  Request from the CSE unit or obtain from the automated child support system, the records used for the distribution;
C.  Request from the CSE Unit a copy of its decision;
D.  Request from the county records of support payment paid directly to the family which were provided by the obligee during the administrative review;
E.  Advise the obligee that a written decision will be made within thirty calendar days of the receipt of the request;
F.  Advise the obligee of his/her right to appeal the state determination to State District Court on Judicial Review within thirty calendar days of the mailing of the decision.
6.803.48  Notify of Decision Rendered [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
The State Department shall, within thirty days of the date of the state level review, promptly notify in writing the obligee and the county CSE Unit of the decision rendered.
6.804  CHILD SUPPORT INCENTIVE PAYMENTS
6.804.1  [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
Child support incentives distributed to counties shall be the amount of the federal incentives paid to the state plus the state share of retained collections. Child support incentives shall be paid to counties quarterly. The federal and state share incentives shall be calculated separately but using the same formula.
6.804.2  INCENTIVE FORMULA [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
The following formula to calculate incentives is used at the federal level to calculate incentives to distribute to states and shall be used in Colorado to calculate incentives to distribute to counties.

A.	2 X (collections for current and former IV-A and IV-E cases) + collections for non-PA and non-IV-E cases	=	“Collections Base” 	
B.	Total “collections base” X the weight for each performance measure	=	County “collections base amount” for each performance measure	
C.	Convert each actual performance ratio using the conversion table	=	“Performance incentive factor” for each performance measure	
D.	“Performance incentive factor” X the county “collections base amount” for each performance measure	=	The “unadjusted incentive amount” for each performance measure	
E.	Each county’s “unadjusted incentive amount” ÷ state total of “unadjusted incentive amounts”	=	Each county’s percent of the state “unadjusted incentive amount”	
F.	Each county’s percent of the “unadjusted incentive amount” X the statewide incentive to be distributed for each performance measure	=	“County incentive” for each performance measure	
G.	Sum of the “county incentive” for each performance measure	=	Total “county quarterly federal incentive payment” or “county quarterly state share incentive payment” 	
H.	Sum of county quarterly federal and state share incentives	=	Total “county quarterly incentive payment”	

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[Instructions: replace lines 1494875 through 1494890.]
6.804.5  “STATEWIDE INCENTIVE AMOUNT” FOR EACH PERFORMANCE MEASURE [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
The total amount of incentives to be distributed shall be the quarterly estimated incentive amount received from the federal government plus the state share incentive.
6.804.6  CONVERSION TABLE [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
The bottom threshold of the table is 50% for the paternity establishment percentage and the percent of caseload with orders. No incentives will be paid for performance ratios from 0% to 49.9%. The bottom threshold of the table is 40% for the percent of current support paid and the percent of arrears cases with a payment. No incentives will be paid for performance ratios from 0% to 39.9%.
Each performance ratio, except for the cost effectiveness ratio, converts, by means of the following table, to a performance incentive factor.
If the performance ratio is at least	But is less than	The performance incentive factor equals:	If the performance ratio is at least	But is less than	The performance incentive factor equals:	
80%	.	100%	40%	41%	50%	
79%	80%	98%				
78%	79%	96%				
77%	78%	94%				
76%	77%	92%				
75%	76%	90%				
74%	75%	88%				
73%	74%	86%				
72%	73%	84%				
71%	72%	82%				
70%	71%	80%				
69%	70%	79%				
68%	69%	78%				
67%	68%	77%				
66%	67%	76%				
65%	66%	75%				
64%	65%	74%				
63%	64%	73%				
62%	63%	72%				
61%	62%	71%				
60%	61%	70%				
59%	60%	69%				
58%	59%	68%				
57%	58%	67%				
56%	57%	66%				
55%	56%	65%				
54%	55%	64%				
53%	54%	63%				
52%	53%	62%				
51%	52%	61%				
50%	51%	60%				
49%	50%	59%				
48%	49%	58%				
47%	48%	57%				
46%	47%	56%				
45%	46%	55%				
44%	45%	54%				
43%	44%	53%				
42%	43%	52%				
41%	42%	51%				
6.804.61  Cost Effectiveness Ratio (CER) Conversion Table [Rev. eff. 10/1/08]
The cost effectiveness ratio converts, by means of the following table, to a performance incentive factor. The bottom threshold of the table is $2.00. No incentives will be paid for a cost effectiveness ratio under $2.00.

If the CER is at least	But is less than	The performance incentive factor equals:	
$5.00	.	100%	
$4.50	$4.99	90%	
$4.00	$4.49	80%	
$3.50	$3.99	70%	
$3.00	$3.49	60%	
$2.50	$2.99	50%	
$2.00	$2.49	40%	
6.804.7  ADJUSTMENT [Add eff. 1/1/00]
An annual adjustment will be done at the end of the federal fiscal year, replacing the estimated state incentive with the actual statewide incentive payment received from the federal office of Child Support Enforcement. The adjustment is done in the quarter following the date the state office receives the adjustment letter from the federal office. The adjusted amounts are incorporated into the current quarter's incentive payments. If there are counties that have a negative incentive amount in the adjusted quarter, they will be billed for this amount by the state Division of Accounting.
6.804.8  REINVESTMENT [Em. rev. eff. 7/11/08; permanent eff. 10/1/08]
Federal regulations require that all federal incentives received be reinvested into the child support program to ensure continued improvement, adequate resources, and maintenance of a high performance level for the child support enforcement program.
The state share incentives are not subject to this federal requirement, and county departments can use the state share amount for any social services program.
6.804.81  Reinvestment of Federal Incentives [Add eff. 1/1/00]
When a county's federal incentives for a calendar year exceed the county 34% share of county administrative expenditures, the county shall demonstrate to the state Child Support Enforcement Unit how the excess federal incentives are reinvested in the child support program. Counties shall report this information to the state Child Support Enforcement Unit within two calendar years of receipt of the federal incentives, or if counties are unable or unwilling to reinvest the federal incentives in the child support program, they shall return that amount to the state office.