Tracking #2009-01082
FA/P 1/8/10, eff. 3/2/2010

I:/09091101.rtf
[I:/09091101.doc]

(9 CCR 2504-1)

[Instructions: insert before line 1782283.]
Deletion of Sections 6.110 through 6.110.72 and revisions to Sections 6.102.21, 6.201.2, 6.601.32, 6.702.1, 6.902.17, 6.905.2, 6.906.1, 6.906.22, 6.906.4, 6.906.6, 6.907.1-6.907.2, and 6.908.3-6.908.6 were final adoption following publication at the 1/8/2010 State Board meeting, with an effective date of 3/2/2010 (Rule-making# 09-9-11-1). 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, Division of Boards and Commissions, State Board Administration.

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[Instructions: replace line 1782439.]
6.102.21 [Rev. eff. 3/2/10]
The duties of the county department or its delegate shall include the following: 
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[Instructions: insert before line 1782465.]
N.  Using diligent efforts to complete all actions appropriately and within the timeframes required by the applicable federal regulations, statute or rule. Diligent efforts shall include the following: 
1.  Initiating a task within the required time period; 
2.  Completion of the task, including any follow up activities within the required time period; 
3.  Taking the necessary actions in response to receipt of information that indicates that the task may not be on track to be completed within the required timeframe. 

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[Note: 6.110-6.110.72 is being deleted.  Instructions: replace lines 1782472 through 1782547.]
6.110  None [Rev. eff. 3/2/10]

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[Instructions: replace line 1782585.]
6.201.2  NON-PUBLIC ASSISTANCE (NPA) CASES [Rev. eff. 3/2/10]

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[Instructions: replace lines 1782601 through 1782602.]
B.  Application Cases
1.  Persons who do not receive public assistance or continued CSE services may apply for full CSE services by completing CSE-6, Application for Child Support Enforcement Services, as prescribed by the State Department. Applications for child support services shall be readily accessible to the public. If the county department has elected to require Low-Income Child Care Assistance recipients to cooperate with the CSE Unit, the recipients must complete the State prescribed application for Child Support Enforcement services. Applications will not be accepted if all of the children associated with a specific obligee and obligor are emancipated, as defined in the existing child support order and the laws of the state where the child support order was entered. This same requirement applies to new interstate referrals sent to Colorado from another initiating state or jurisdiction. 

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[Instructions: replace lines 1782621 through 1782627.]
6.  The application for non-PA CSE services shall be made on the form CSE-6, Application for Child Support Enforcement Services, as prescribed by the state department. The standard Application for Child Support Enforcement Services shall include the following elements:
a.  The full name of the noncustodial parent;
b.  The full name, date of birth, place of birth, sex and social security number of each child for whom support is sought;
c.  The signature, address, telephone number, date of birth and social security number of the applicant and date of application.
7.  Acceptance of Applications
a.  An application may be filed in any CSE office and shall be forwarded to the appropriate enforcing county within 2 working days of receipt in the original county.
b.  An application shall be accepted on the day it and the application fee are received, if one or more of the children associated with a specific obligee and obligor are not emancipated as defined in the child support order and the laws of the state where the child support order was entered. 

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[Instructions: replace lines 1783232 through 1783239.]
6.601.32  Contesting Paternity [Rev. eff. 3/2/10]
A.  When a party in a IV-D case notifies the county Child Support Enforcement Unit of the desire to rescind his/her signature on a voluntary paternity acknowledgment and/or contests parentage of a child, and there has been a prior administrative process or judicial proceeding involving the party concerning the support of the child, the party shall be referred to the court for resolution. 
B.  When a party in a IV-D case notifies the county Child Support Enforcement Unit of the desire to rescind his/her signature on a voluntary paternity acknowledgment and/or contests parentage of a child, and there has been no prior administrative process or judicial proceeding involving the party concerning the support of the child, but the current establishment proceeding is being conducted through an administrative process action and it has been sixty or more calendar days since the acknowledgment was signed and the father’s name is on the child(ren)’s birth certificate, the Child Support Enforcement Unit shall: 
1.  Enter an administrative process order for genetic testing, then 
2.  Establish an administrative process temporary order of financial responsibility and request a court hearing to obtain a permanent court finding and order if the genetic testing results show a ninety seven percent (97%) or greater probability of parentage and the party continues to contest parentage, or 
3.  If the genetic testing results show a less than 97% probability of parentage, the county Child Support Enforcement Unit may dismiss the action or take such other appropriate action as allowed by law. 
C.  If the party withdraws his/her contest of paternity at any time, even after genetic testing has been done and the father’s name is on the child(ren)’s birth certificate, the delegate Child Support Enforcement Unit shall: 
1.  Refer the case to court without an administrative process order of any kind if genetic testing results do not show a 97% or greater probability of parentage, or 
2.  Enter an administrative process stipulated or temporary order as appropriate under the facts of the case if the genetic testing results do show a 97% or greater probability of paternity.

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[Instructions: replace lines 1783344 through 1783351.]
6.702.1  Establishing the Monthly Support Obligation (MSO) [Rev. eff. 3/2/10]
Administrative procedures to establish a child support or foster care fee order shall be used by the delegate Child Support Enforcement Unit in all public assistance and non public assistance cases including responding interstate cases to establish the monthly support obligation, and shall include health insurance, unless:
A.  A court order issued in this or any other state, which establishes a monthly child support obligation, or if an order exists which could be modified to establish a monthly child support obligation; or,
B.  The county director or designate IV-A staff has made a finding of good cause exemption from referral to the Child Support Enforcement Unit; or,
C.  The case requires paternity establishment and the case involves a presumed father and one or more alleged father(s) or the case involves multiple alleged fathers; or,
D.  One or both of the parents is under age 18; or,
E.  In interstate cases, the case requires only paternity establishment and no support is being established.

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[Instructions: replace lines 1783937 through 1783946.]
6.902.17  Selection for Credit Reporting Process [Rev. eff. 3/2/10]
Obligors shall be selected for referral on all of their court orders when the following two conditions exist in the same accounting period on at least one court order: 1) current balance exceeds $500 and 2) there is an amount that is at least sixty calendar days past due. The Colorado Department of Human Services, Division of Child Support Enforcement, will generate a report which displays the orders that have been selected for credit reporting. The Child Support Enforcement Units shall take the following actions within thirty calendar days of the generation date of the credit reporting agency notification list:
A.  Ensure that the monthly support obligation, monthly amount due, monthly payment due and current balance are correct; and,
B.  Ensure that the arrears in the inactive ledgers are not a duplication of those in the active ledgers; and,
C.  Ensure that the Social Security Number is correct; and,
D.  Clear any financial holds; and,
E.  Electronically send a request for suppression of the court order to the “SEU CRA” mailbox if:
1.  Selection has been made on an incorrect person; or,
2.  The order is associated with an interstate child support case and the other state is reporting and will continue to report the obligation.
F.  Document in the automated child support system all changes or other actions taken.

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[Instructions: replace lines 1784054 through 1784059.]
6.905.2  REPORTS [Rev. eff. 3/2/10]
The reports that are generated by the Colorado Department of Human Services, Division of Child Support Enforcement, and used by county CSE Units to process professional occupational license suspension cases must be worked within thirty (30) days of receipt and all changes or other actions taken must be documented in the automated child support enforcement system.

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[Instructions: replace lines 1784078 through 1784080.]

6.906.1  REVIEW OF SELECTED CASES [Rev. eff. 3/2/10]
Within seven (7) calendar days of the date the electronic notification is generated from the automated child support system, the county child support enforcement worker shall review the accepted match to ensure that the ledger is accurate and to ensure that issuing a lien and levy against the obligor's financial account is appropriate.
All changes or other actions taken shall be documented in the automated child support system by the county child support enforcement worker. 

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[Instructions: replace lines 1784084 through 1784085.] 
6.906.22  Indefinite Suppression [Rev. eff. 3/2/10]
The request for an indefinite suppression shall be submitted to the "SEU FIDM" mailbox electronically by the administrator of the Child Support Enforcement Unit.

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[Instructions: replace line 1784089.] 
6.906.4  EXCEPTION OR EXEMPTION CLAIM [Rev. eff. 3/2/10]

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[Instructions: replace line 1784098.] 
The Colorado Department of Human Services, Division of Child Support Enforcement, shall review the claim and document its decision whether to approve or deny the claim. The claim shall be reviewed within three business days of receipt based upon the documentation outlined in the lien and levy exception/exemption policy that is included with the Notice of Lien and Levy. If the claim is approved, the Colorado Department of Human Services, Division of Child Support Enforcement, will issue a release of lien and levy to the financial institution. If the claim is denied, the lien and levy will remain in effect. The Colorado Department of Human Services, Division of Child Support Enforcement, shall notify the obligor and the county child support enforcement worker of the claim decision.

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[Instructions: replace lines 1784106 through 1784107.] 
6.906.6  ALLOCATION OF FUNDS [Rev. eff. 3/2/10]
The levied funds are sent to the Family Support Registry and are allocated according to the obligor's court orders that were included on the FIDM lien and levy.

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[Instructions: replace lines 1784111 through 1784118.]
6.907.1  SELECTION AND REFERRAL TO VENDOR OFFSET [Rev. eff. 3/2/10]
Obligors shall be selected for referral on their court order when the monthly support obligation is not paid in full. 
The selection criteria is applied to each court order and subsequent court orders for the obligor. When a match is made between the obligor record and the vendor offset table, the county child support enforcement worker will be notified electronically through the automated child support system. The vendor offset table is maintained by the controller’s office and lists all vendors used by the State of Colorado.
6.907.2  REVIEW OF SELECTED CASES [Rev. eff. 3/2/10]
When the county child support enforcement worker is notified that the case has been selected for vendor offset, he/she shall review the case to ensure that the ledger balances are correct. If the county child support enforcement worker determines that vendor offset is not appropriate for the case, an electronic message must be sent through the automated child support system to the “SEU VO” mailbox to request suppression. The case will remain suppressed until the county child support enforcement worker electronically requests the Colorado Department of Human Services, Division of Child Support Enforcement, lift the suppression.

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[Instructions: replace lines 1784140 through 1784147.]
6.908.3  REPORT [Rev. eff. 3/2/10]
The reports that are generated by the Colorado Department of Human Services, Division of Child Support Enforcement, and used by county CSE units to process recreational license suspension cases must be worked within thirty days of receipt and all changes or other action taken must be documented in the automated child support enforcement system.
6.908.4  POINT OF CONTACT [Rev. eff. 3/2/10]
The Colorado Department of Human Services, Division of Child Support Enforcement, is the only point of contact with the Department of Natural Resources, Division of Wildlife. County child support enforcement workers shall electronically contact the Colorado Department of Human Services, Division of Child Support Enforcement, with any questions or concerns through the automated child support system. The Colorado Department of Human Services, Division of Child Support Enforcement, shall resolve child support enforcement issues with the Department of Natural Resources and electronically communicate the resolution to the county child support enforcement worker through the automated child support system.

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