Tracking# 2011-00900
FA/P 2/3/12, eff. 4/1/12 

I:/11090202.rtf
[I:/11090202.doc]

(9 CCR 2504-1)

[Instructions: insert before line 1782283.] 
Revisions to Sections 6.001.1, 6.002, 6.201.2 through 6.201.3, 6.205 through 6.207, 6.230.2 through 6.230.5, 6.260.22 through 6.260.23, 6.260.6 through 6.260.71, 6.400 through 6.400.19, and 6.903.11 were final adoption following publication at the 2/3/2012 State Board meeting, with an effective date of 4/1/2012 (Rule-making# 11-9-2-2). 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 lines 1782285 through 1782397.] 
6.001.1  PURPOSE [Rev. eff. 4/1/12]
The Colorado Child Support Enforcement (CSE) Program is established to collect support, to reimburse, in part or whole, Title IV-A grants paid to families, help remove IV-A recipients from the IV-A program by assuring continuing support payments, and assist persons who do not receive IV-A or IV E foster care to remain financially independent. Such purpose is achieved by: locating noncustodial parents, establishing the paternity of children born out of wedlock, establishing child support obligations and health insurance, reviewing the order for a possible adjustment, and enforcing and collecting support. Although this program must be closely coordinated with the IV-A, Medicaid, Low-Income Child Care Assistance, and foster care programs, it is a separate and distinct program with defined functions, which must be performed by a distinct administrative unit.
This manual sets forth the policies and rules by which the Colorado Child Support Enforcement (CSE) program must be administered and describes the coordination that must take place with the IV-A and foster care programs. IV-A and IV E foster care cases in these rules are also referred to as public assistance (PA) cases. Cases that do not contain IV-A or IV E recipients and cases receiving continued services are referred to as non public assistance (Non PA; NPA) cases. Non-IV-E foster care, Medicaid, and Low-Income Child Care Assistance cases are also included in NPA cases. The policies and rules for the IV-A, Medicaid, Low-Income Child Care Assistance, and foster care programs are set forth in the respective staff manuals.
6.002  DEFINITIONS [Rev. eff. 4/1/12] 
“Abandoned Collections Account”  - the State IV-D account into which undeliverable collections are transferred once a determination has been made that the payment cannot be disbursed. This account is used to reimburse state expenditures.
“ACSES” - the acronym for the Automated Child Support Enforcement system, a comprehensive statewide on line computer system providing case management, financial management, reports, statistics and an extensive cross reference system.
“Adjustment” or “Modification” - is a legal action to change the amount of the child support or foster care fee order, which can increase or decrease based upon application of the state's presumptive guideline; or to add a provision for medical support or to change the party ordered to provide medical support. 
“Administrative Costs” - the amount of court ordered costs that must be repaid to the Child Support Enforcement Unit such as genetic tests, service of process fees, or attorney's costs.
“Administrative Lien and Attachment” - a notice to withhold child support, child support arrearages, child support debt, or retroactive support due from a noncustodial parent's workers' compensation benefits that is issued to any person, insurance company, or agency providing such benefits.
“Administrative Process Action (APA)” - determination of paternity and/or support obligations through a non-judicial process. 
“Administrative Review” - a county or state level review of the following four issues only: the payments made, the arrearage amounts, the distribution of amounts collected, or a mistake in the identity of the person who owes the child support. 
“Alleged Parent” - a person who has been identified as the possible biological parent of a child and/or who may be the legal parent of a child. 
“Allocation” - the process of apportionment of a collection to a specific noncustodial parent's obligation based on the legal order for support to satisfy the various classes of the noncustodial parent's receivables.
“Application” - the state prescribed form, CSE 6, which indicates that the individual is applying for Child Support Enforcement services. The application is signed by the individual applying for services and a fee is paid or waived on basis of hardship, and then paid by the county. 
“Arrearages” - the total amount of the court ordered support obligations that are past due and unpaid. Such amount is calculated by multiplying the amount of the support obligation (including any modification thereto) by the number of months that have elapsed since the inception of the order and subtracting from the product the amount of support paid by the noncustodial parent, through the court, directly to the obligee, Child Support Enforcement Unit, or Family Support Registry (FSR).
“Assignment of Support Rights” - the determination that a family is eligible for IV-A benefits automatically invokes a state law (Section 26-2-111(3), C.R.S., as amended) that assigns to the State Department all rights that the applicant may have to support from any other person on his/her own behalf or on behalf of any other family member for whom application is made. The assignment is effective for both current support and support that accrues as arrears during the period that the family receives assistance. The assignment is limited by the total amount of IV-A assistance received. When a child is placed in foster care, all rights to current and accrued child support for the benefit of the child are assigned to the State Department pursuant to Section 26-13-113, C.R.S.
“Automated Child Support Enforcement System (ACSES)” - the statewide computer program used by Child Support Enforcement for daily operations.
"Caretaker" - a person who is related to the dependent child by blood or by law, or who lives with the child and who exercises parental responsibility (care, control and supervision) of the child in the absence of the child's parent. 
“Case Category” - category of a case identifies the type of IV-D case. Case categories must be maintained on the automated child support system as prescribed by the State Department. 
“Cash Medical Support” - see definition of “specific dollar amount for medical purposes”. 
“Challenge” - when either party disagrees in writing with the review results because the guideline calculation contained an alleged mathematical or factual error. The parties' right to challenge is included in the Post Review Notice or the Administrative Process, Notice of Financial Responsibility for Modification. 
“Child Support Enforcement (CSE) Unit” - the county unit administering or supervising the contract for another private or public entity to administer the Child Support Enforcement (CSE) Program. 
“Colorado Date of Receipt” (CDOR) - the date the child support payment is first received by the Child Support Enforcement program, either the Family Support Registry or the Child Support Enforcement Unit. 
“Confidential” - privileged information of individuals which is private and not for release, disclosure, or distribution unless specifically authorized in statute, regulation, or rule. 
“Consumer Credit Reporting Agency” - any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports. 
“Continued Services Cases” - non public assistance Child Support Enforcement cases in which the Child Support Enforcement Unit continues to provide services after IV-A financial or IV-E foster care eligibility ceases unless notified by the custodial party that continued services are not desired. 
“Cost Effectiveness Ratio” - the ratio of total child support collections to total administrative costs. 
“County Department” - a county department of social services, human services, housing and human services, or health and human services. 
“C.R.S.” - Colorado Revised Statutes.
“CSE Case” - a child support case in which services are provided to establish, modify, and enforce support and medical obligations pursuant to the state IV D plan.
“Custodial Party” - the legally responsible parent, blood relative, adoptive relative, adult who exercises responsibility for a dependent child(ren), or agency. Also known as the caretaker relative, custodial relative, custodian, government agency (for foster care cases) or, on ACSES, as the recipient/applicant and abbreviated as R/A. 
"Date of Withholding" - the date the employer withheld the child support from the employee's wages. 
“Disbursement” - processing of the payable to payees other than the Department of Human Services.
“Disposition” - the date on which a support order is officially established and/or recorded or the action is dismissed. 
“Distribution” - application of the allocated collection to the IV D retained and/or payable accounts according to federal regulations based on assignment of rights to support, continued services, and application for services. 
“EFPLS” - Expanded Federal Parent Locator Service
“Electronic Benefits Transfer (EBT) Notice” - the notice that is sent to the IV-A recipient at the beginning of each month informing him/her of how much public assistance money was deposited into his/her account. The notice also contains information about how much child support was paid by the noncustodial parent during that month. 
“Enforcing County” - Colorado county responsible for processing the case and providing Child Support Enforcement services.
“Erroneous Disbursement” - see “Unfunded Disbursement”. 
“Expedited Processes” - administrative or expedited judicial processes or both which increase effectiveness and meet specified processing timeframes and under which the presiding officer is not a judge of the court. Actions to establish or enforce support obligations in IV D cases must be completed within the timeframes specified in federal regulations. 
“Family Support Registry (FSR)” - the contracted fiscal agent responsible for processing all child support payments.
“FFP” - Federal financial participation.
“Financial Institution Data Match (FIDM)” - Federal mandate requiring the state to do a periodic match of noncustodial parents who owe arrearages to accounts maintained at financial institutions.
"Financial Institution Data Match Lien and Levy" - a notice generated by the Colorado Department of Human Services, Division of Child Support Enforcement, to freeze and seize assets contained in financial accounts. The notice is issued to any financial institution or state entity maintaining accounts for obligors with child support arrearages, child support debt or retroactive support. 
“FIPS” - Federal Information Processing Standard - a code number assigned to each state and county within the United States. 
“Former Arrears Due (FAD) Case” - any IV-D case in which the custodial party or the child(ren) formerly received IV-A cash assistance or IV-E maintenance but no longer receives CSE services and where there are still assigned arrears due.
“Former Assistance Case” - any IV-D case in which the custodial party or the child(ren) formerly received IV-A cash assistance or IV-E maintenance. 
“Foster Care Fee Debt” - the amount of support due in a foster care case from the placing parent for the time period between the date the child was placed in out-of-home placement to the date the fee order was established. 
“Foster Care Fee Order” - a monthly amount assessed by application of the Colorado Child Support  guidelines, which are found under 14-10-115(7), C.R.S., to the legally responsible person(s) whose child(ren) are receiving substitute care through a foster care placement as ordered by a court or through administrative process by a county Child Support Enforcement Unit. 
“FPLS” - Federal Parent Locator Service.
“Genetic Testing” - a scientific test that shows the probability of biological parentage of a child which can lead to the establishment of paternity. 
“Health Insurance” - medical insurance or medical and dental insurance that may be provided through a parent's employer or acquired individually by the parent.
“HHS” - the U.S. Department of Health and Human Services.
“High Volume Automated Administrative Enforcement in Interstate Cases” - the use of automated data processing on interstate cases to search various state data bases and seize identified assets of delinquent obligors, using the same techniques as used in intrastate cases upon request of another state.
“Income Assignment”  - the process whereby a noncustodial parent's child support payments are taken directly from his/her income and forwarded to the FSR through a notice to the employer, trustee, or other payor of funds.
“Initial Date of Receipt” (IDOR) - the date on which the support collection is initially received by the Title IV-D agency or the legal entity of any state or political subdivision actually making the collection or, if made via income assignment, the date of withholding, whichever is earliest. 
“Initiating State/Jurisdiction” - 
A.  The state/jurisdiction which requests CSE services from the state/jurisdiction where the noncustodial parent resides, has property, or derives income; or, 
B.  The state where the custodial party resides if a modification has been requested and it is appropriate for that state to review the order. 
“Intergovernmental Case” - a CSE services case which involves more than one state, country or tribe. 
“Interstate Central Registry” - the Interstate Network unit within the Colorado Division of Child Support Enforcement (CSE) which receives and distributes responding cases and has oversight responsibility for intergovernmental IV-D cases.
“Interstate Network” - the unit in the Colorado Division of Child Support Enforcement which has responsibility for interstate central registry functions.
“In-State Case” - a case being worked in Colorado with no other jurisdiction involved. 
“IV-A Cash Assistance” - payments paid to or on behalf of families with children pursuant to Title IV-A of the Social Security Act. 
“IV-A Case” - a case referred from the IV-A Unit to the CSE office for child support services when the family has been approved for IV-A financial benefits and/or medical benefits. 
“IV-A Unit” - the county unit administering the IV-A cash assistance program.
“IV-D Program” - Child Support Enforcement Program pursuant to Title IV D of the Social Security Act.
“IV-E Foster Care Case” - a case with a child(ren) who qualifies for public assistance under Title IV-E of the Social Security Act. These cases are mandatory referrals to the CSE Unit. 
“IV-E Payment” - payment made on behalf of a child for his/her foster care maintenance in accordance with Title IV E of the Social Security Act. 
“Judgment” - by operation of law, a child support payment becomes a final money judgment when it is due and not paid. A missed payment, or a series of missed payments, may also be reduced into a single judgment by the court. 
“Legal Father” - see “Paternity”. 
“Locate” - information concerning the physical whereabouts of the noncustodial parent or the noncustodial parent's employer(s), other sources of income, or assets, as appropriate, which is sufficient to take the next appropriate action in a case.
“Medicaid Referral Cases” - cases in which families, with a noncustodial parent, receive Medicaid and are referred to CSE from a Medicaid agency for CSE services if the Medicaid recipient voluntarily wants CSE services. 
“Medical Coverage” - any health coverage provided for a child(ren), including: 1) private health insurance; 2) publicly-funded health coverage; 3) cash medical support; or 4) payment of medical bills, including dental or vision. 
“Medical Support” - a subset of medical coverage which includes health coverage provided for a child(ren) in a IV-D case in which there is a medical support order. This includes: 1) private health insurance; 2) publicly-funded health coverage, if a parent is ordered by a court or administrative process to provide cash medical support payments to help pay the cost of Medicaid or State Child Health Insurance Program (SCHIP); 3) cash medical support, including payment of health insurance premiums; and 4) payment of medical bills, including dental or vision. Indian health service and tricare are acceptable forms of medical support. 
“Modification” - see “Adjustment”. 
“Monthly Amount Due” - the monthly amount the obligor is expected to pay toward the arrearages. 
"Monthly Payment Due" - the monthly amount that the obligor is expected to pay each month; the amount includes the court ordered current support and the monthly amount due towards any arrears. 
“Monthly Support Obligation” - the monthly obligation amount ordered by a court or through administrative process by a county Child Support Enforcement Unit to be paid on behalf of (a) child(ren) or (b) child(ren) and former spouse, if established in the same court order and if the former spouse is living with the child(ren). 
"National Medical Support Notice (NMSN)" - a federally mandated notice sent to employers by the delegate CSE Units. The NMSN requires an employer to enroll a child(ren) in the employer’s health insurance plan if it is available, the employee is eligible, and it is reasonable in cost. 
“Non-IV-E Foster Care Case” - a case with a child(ren) receiving Title IV-B foster care services who does not qualify for IV-E public assistance. These cases are classified by the State CSE Division on the automated child support system as a Non-PA case, but are treated like public assistance cases because they originate within Child Welfare Services and, pursuant to statute, contain an automatic assignment of support. 
“Non-Public Assistance (Non-PA) Case” - a IV D case in which the family currently does not receive public assistance. Non-PA cases include Medicaid referral cases. 
“Noncustodial Parent (NCP)” - the legally responsible parent, adoptive parent, or alleged parent who is not living with the dependent children. Also known on ACSES as the absent parent and abbreviated as “A/P”. 
“Not in Child's Best Interest”  - order would not be reviewed based on a good cause determination in cases with an assignment of rights as defined in Section 6.230.1. 
“Notice of Collection” - a periodic report of Child Support collection information which is sent by the Child Support Enforcement Unit to current and former Colorado Works Program recipients who have assigned their rights to support. 
“Obligee” - the party to whom an obligation of support is owed. 
“Obligor” - the party bound by a court or administrative order to provide support. 
“OCSE” - Office of Child Support Enforcement. The Health and Human Services agency responsible for the supervision of state child support enforcement programs pursuant to Title IV D of the Social Security Act. 
“Parties to the Action” - those individuals or entities named in a petition, motion, or administrative process notice of financial responsibility and joined, or to be joined, in a legal action. 
“Paternity” - is the legal establishment of fatherhood for a child, either by court determination, administrative process, or voluntary acknowledgment. 
“Permanently Assigned Arrears” - arrears which accrued under a court or administrative order and were assigned prior to October 1, 1997, plus all arrears which accrue while a family is receiving public assistance after October 1, 1997.
“Placing Parent” - the legally responsible parent who the child(ren) was living with prior to foster care placement. 
“Post Assistance Arrears” - the arrears that accrue under a court or administrative order on a continued services case after the obligee discontinues IV-A services.
“Pre-Assistance Arrears” - the arrears that accrued from October 1, 1997, forward, under a court or administrative order before the obligee started receiving IV-A assistance.
“Pre-Offset Notice” - a notice generated yearly by the state Office of Child Support Enforcement notifying noncustodial parents of the enforcement remedies that may be applied to their cases and advising of their right(s) to request an administrative review.
“Pre-Review Screening” - an assessment of the IV-D case to determine the appropriateness for review. 
“Presumed Father” - a man who is more likely than not to be the legal father of a child because certain facts exist. 
“Primary Contact County” - the county that the obligee will contact to resolve issues concerning an unfunded disbursement balance. 
“Procedure” - processes developed by county Child Support Enforcement Units an/or the State Department to implement state policy and rules. 
“Public Assistance” - assistance payments provided to or on behalf of eligible recipients through programs administered or supervised by the State Department under Titles IV-A or IV-E of the Social Security Act or under Child Welfare Services. 
“Public Assistance (PA) Case” - a case that has met established criteria by the IV-A or IV-E divisions to be referred to the CSE Unit for child support services. 
“Responding State/Jurisdiction” - the state/jurisdiction where the obligor resides, has property, or derives income, which provides Child Support Enforcement services upon request from another state/ jurisdiction.
“Retroactive Support Due” - the amount of support due for a time period prior to the entry of an order establishing paternity and/or support. 
“Review” - an evaluation of the parties’ income information to determine the child support order amount and whether a medical support provision needs to be added to the child support order or if the party ordered to provide medical support needs to change. 
“Service Fee" – the annual fee charged to an obligee who has never received cash public assistance.
“Specific Dollar Amount for Medical Purposes or Cash Medical Support” - an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another party through employment or otherwise, or for other medical costs not covered by insurance. 
“SPLS” - the State Parent Locator Service. 
“State Department” - the Colorado Department of Human Services.
“State Plan” - the comprehensive statement submitted by the State Department to the Department of Health and Human Services describing the nature and scope of its Child Support Enforcement Program and giving assurance that it will be administered in conformity with the specific requirements stipulated in Title IV D of the Social Security Act and other official issuances of Health and Human Services. 
“Support” - a medical support order and/or financial amount ordered by a court or through administrative process by a county Child Support Enforcement Unit on behalf of (a) child(ren) or (b) child(ren) and former spouse, if established in the same court order and if the former spouse is living with the child(ren).
“Termination of Review and Adjustment” - the review/adjustment activity ceases based on specific criteria which are set forth in Section 6.261.5. 
“Total Program Expenditures” - the total amount of costs associated with the Child Support Enforcement program billed to the federal government for reimbursement.
“UIFSA” - Uniform Interstate Family Support Act, Title 14, Article 5, Colorado Revised Statutes (C.R.S.) which governs interstate case processing.
“UMP” - Unreimbursed Maintenance Payments. The amount of IV E foster care maintenance payments which have not been reimbursed by child support collections or other recoveries. 
“Unassigned Arrears” - any arrears that are not assigned to the state, either because the obligee never received public assistance or because, for an obligee who is or was receiving public assistance, the arrears accrued during a time period when the obligee was not receiving public assistance. 
“Unfunded Disbursement” - a disbursement that is paid but subsequently found to contain an error or found to have insufficient funds to pay the disbursement. 
“UPA” - Unreimbursed Public Assistance. The amount of IV-A payments which have not been reimbursed by child and spousal support collections or reduced by IV A established recoveries.
“URESA” or “RURESA” - The Revised Uniform Reciprocal Enforcement of Support Act, Title 14, Article 5, C.R.S., as amended. Repealed in Colorado on January 1, 1995, the effective date of Uniform Interstate Family Support Act. 

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[Instructions: replace line 1901660.] 
6.201.2  NON-PUBLIC ASSISTANCE (NPA) CASES [Rev. eff. 4/1/12]

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[Instructions: replace lines 1901676 through 1901677.] 
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. In a responding intergovernmental case, if the case was opened in the other state prior to emancipation and/or has state debt due, the application shall be accepted. 
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[Instructions: replace lines 1901700 through 1901701.] 
7.  Acceptance of Applications
a.  An application may be filed in any CSE office. If there is an existing case in another county, then the application shall be forwarded to the appropriate enforcing county within two (2) working days of receipt in the original county. 

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[Instructions: replace lines 1901710 through 1782643.] 
9.  Non-PA obligees shall be charged an annual twenty-five dollar ($25) certification fee for collection of IRS tax refunds only if an actual intercept occurs. The fee shall be deducted from the tax refund intercept and charged in addition to the twenty dollar ($20) CSE application fee. The certification fee must be used to reduce CSE program expenditures.
If there is more than one tax refund intercept for a case, the twenty-five dollar ($25) certification fee will be charged only once, regardless of the number of obligors, and will be deducted from the first intercept(s) that occurs. If the total amount of all tax refunds for a case is less than twenty-five dollars ($25), the amount of refunds will satisfy the certification fee. 
10.  Non-PA obligees shall be charged an annual twenty-five dollar ($25) service fee once five hundred dollars ($500) has been disbursed to the family. 
The service fee will be reported to the federal government as program income, and will be shared between the federal and county governments. 
The service fee will be collected for each case set in all intrastate in-state and initiating intergovernmental cases on the ACSES if the $500 disbursement threshold is reached.
C.  Locate Only Cases
Persons who request only noncustodial parent locator service may complete the Request for Parent Locator Service. The Colorado State Parent Locator Service shall provide such caretaker with instructions for completing the form and fees to be paid by the caretaker. A non-PA application form is not required. 
6.201.3  FOSTER CARE CASES  [Rev. eff. 4/1/12]
A.  Appropriately referred IV-E or non-IV-E foster care cases pursuant to the CDHS Social Services staff manual (12 CCR 2509-1) shall be provided the full range of services as required by the Child Support Enforcement program upon referral. Cases that are not appropriate for referral shall not be initiated. 

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[Instructions: replace lines 1782652 through 1782688.] 
6.205  ENFORCING COUNTY [Rev. eff. 4/1/12] 
Designation of the county responsible for accepting the Child Support Enforcement application or processing the case, or both, provides for centralized legal and financial activities and prevents duplication of effort and establishment of unnecessary orders for support when an order exists.
Provisions pertaining to enforcing county designation and responsibilities shall apply to all new CSE intrastate and interstate cases and for existing cases where there is a dispute regarding an enforcing county issue. 
A.  The enforcing county is the county responsible for processing a case for Child Support Enforcement services, including locating the noncustodial parent, establishment of paternity, establishment and modification of a support order and enforcement of a support order. Enforcing county means the enforcing county on the Automated Child Support Enforcement System. The enforcing county is responsible for financial management of the case.
The enforcing county is also the county responsible for the case for audit purposes. When the noncustodial parent resides outside of Colorado, the enforcing county is the county responsible for initiating an interstate action or appropriate instate action for CSE services. If the noncustodial parent is the only party in the case residing in Colorado and there is no existing court order and no public assistance has been paid in Colorado, the enforcing county will be considered the county where the noncustodial parent resides.
Unless the CSE Units in the interested counties agree or there is enforcing county resolution to change enforcing county designation, the enforcing county remains the enforcing county until the case is closed in accordance with this manual. The enforcing county does not change when the parties in the case relocate. 
B.  When a IV-D unit requests enforcing county designation and the interested CSE Units cannot agree, within 5 calendar days, upon which county should be the enforcing county, the county directors, or their designees, in the counties will resolve the issue. If agreement cannot be reached, the CSE office shall refer the matter to the State Division of Child Support Enforcement for resolution in accordance with the state procedure and prescribed form. The state decision is final and binding on the interested counties. 
6.205.1  Enforcement of Order and Financial Management [Rev. eff. 4/1/12] 
A.  The enforcing county will enforce the original order and modify it, as appropriate. If an interstate action is received, it will be consolidated into the original order. All Colorado orders for current support, including registered orders, shall be consolidated into the original order or dismissed. Copies of all legal actions, such as modifications, judgments and income assignments are filed with the original order. The obligor must be instructed to make payments through the original order. 
B.  When IV-A or costs (maintenance and services) for foster care placement have been expended in another Colorado county or counties, the enforcing county must contact all such counties and, within ten (10) working days, such counties shall provide the amount of unreimbursed public assistance or the costs for foster care placement to be included in the establishment of an order or to modify an order for UPA or foster care costs reimbursement. The enforcing county is responsible for coordinating arrearage balances of all interested counties. 
C.  The enforcing county shall enforce the original order to the extent possible even if the order is in another county. If a court hearing is necessary, the enforcing county may request the IV-D unit in the county of original order to have its CSE attorney appear on behalf of the enforcing county. When requested, the CSE attorney in the order county shall appear on behalf of the enforcing county and represent the case as if it were his/her own county's case. 
D.  In cases in which the obligor has now become the obligee, known as role reversal, the county enforcing the original order shall initiate the role reversal case and modify the existing court order to reflect the new change in circumstance. 
6.205.11  Change of Venue [Rev. eff. 4/1/12] 
Change of venue shall not be initiated for purposes of having the attorney for the order county take court action or to change the enforcing county for the case. A change of venue may be completed when the court determines it is in the best interests of the custodian, child, or non-custodial parent. Change of venue does not change the enforcing county, except upon agreement of the counties involved.
6.205.12  Controlling Order [Rev. eff. 4/1/12] 
In cases with multiple actions or orders, the enforcing county will determine the controlling order pursuant to Section 14-5-207, C.R.S., et seq. 
6.205.13  Registration Of Order [Rev. eff. 4/1/12] 
In intergovernmental cases, the enforcing county may register a foreign order or enforce administratively, when enforcement is requested by the initiating state. 
There shall be no registration of Colorado orders. 
6.205.2  Intergovernmental Enforcing County [Rev. eff. 4/1/12] 
A.  For all cases, the enforcing county for a Colorado Child Support Enforcement case is the first county where Child Support Enforcement application or referral was made. The enforcing county will provide the full range of services to the Low-Income Child Care Assistance referral case from another county, even if said county elected not to require the Low-Income Child Care Assistance recipients in its county to cooperate with the Child Support Enforcement Unit. 
B.  When there is a prior enforcing county, the county of new application or referral will assist in the completion of the application, intergovernmental and other necessary documents. The county of residence will forward the application, documents and fee to the enforcing county, as appropriate, utilizing the form as prescribed by the State Department. The county of new application or referral must contact the enforcing county to determine which of the counties will be the enforcing county. For a Low-Income Child Care Assistance referral case, the Low-Income Child Care Assistance Program unit will deal directly with the CSE Unit located in its county. The CSE Unit will then communicate with the enforcing county. 
C.  Responding intergovernmental cases are IV-A or non-IV-A cases received from a jurisdiction outside Colorado requesting Child Support Enforcement services because the noncustodial parent resides, is employed or derives income in Colorado.  The county that shall work the responding intergovernmental case is determined as follows: 
1.  If there is no open enforcing county designation, the responding intergovernmental action will be forwarded to the county where a Colorado order has been entered or a foreign order registered that involves the same obligor and children. 
2.  If there is no open enforcing county designation and no previous Colorado order or registration of a foreign order, a responding intergovernmental action will be forwarded to the county of the noncustodial parent's place of residence. 
3.  If there is no open enforcing county designation, no previous Colorado order or registration of a foreign order, and a noncustodial parent's residential location cannot be identified or verified, a responding intergovernmental action will be forwarded to the county of the noncustodial parent's place of employment. 
4.  If there is no open enforcing county designation, no previous Colorado order or registration of a foreign order, and a noncustodial parent's residential and employment location cannot be identified or verified, a responding intergovernmental action will be put into sixty (60) day closure by the Interstate Unit. It will be returned to the initiating state if the obligor’s residence or employment cannot be verified in Colorado within that time frame. However, if the intergovernmental action was received from a foreign country, it will be forwarded to the county of the noncustodial parent's last known place of residence, if one was provided, or county of last known employment. 
5.  If the responding case is the enforcing case and is closed by the other state, the current in-state case must take enforcing county designation. If there is more than one current case, the rules for determining the enforcing county shall be followed. 

6.206 - 6.209  (None)

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[Instructions: replace lines 1782746 through 1782788.] 
6.230  COOPERATION BY CUSTODIAL PARTY
6.230.1  Good Cause [Rev. eff. 4/1/12] 
Good cause is defined as circumstances under which cooperation with the Child Support Enforcement Unit may not be "in the best interests of the child." In the case of a IV-A referral, the county director or the designate IV-A staff shall make the determination of good cause exemption from referral of a custodial party to the Child Support Enforcement Unit. In the case of a Low-Income Child Care Assistance referral, the county director or designee shall make the determination of good cause exemption from referral to the CSE Unit. The Child Support Enforcement Unit may provide information or participate with the county director or designate IV-A or Low-Income Child Care Assistance staff, as appropriate, to make the determination of good cause exemption. 
6.230.11  Cooperation Requirements [Rev. eff. 4/1/12] 
The custodial party is required to cooperate with the county Child Support Enforcement Unit in:
A.  Providing sufficient, verifiable information about the identity and location of the noncustodial pa rent(s) of the child(ren). Information is sufficient if it includes:
1.  Noncustodial parent's full name and Social Security Number; or,
2.  Noncustodial parent's full name and at least two of the following items: 
a.  Noncustodial parent's date of birth;
b.  Noncustodial parent's address;
c.  Noncustodial parent's telephone number;
d.  Noncustodial parent's employer's name and address;
e.  The names of the parents of the noncustodial parent; 
f.  Noncustodial parent's vehicle information (manufacturer, model and license);
g.  Noncustodial parent's prison record;
h.  Noncustodial parent's military record; or, 
3.  Noncustodial parent's full name and additional information which leads to the location of the noncustodial parent, or if unable to comply with any of the above.
B.  Provide all of the following that the custodial party has or can reasonably obtain that may lead to the identity of noncustodial parent: 
1.  If paternity has not been established, provide a sworn statement of sexual intercourse between the alleged father(s) and the custodial parent of the child during probable period of conception;
2.  Statements as to the identity or location of noncustodial parent from other individuals;
3.  Records or information as to the whereabouts of records, from specific agencies;
4.  Utility bills, parking tickets, credit card receipts, etc., that contain information about noncustodial parent;
5.  Telephone numbers or addresses of others who knew the noncustodial parent;
6.  Sworn statement documenting efforts taken by custodial party and obstacles encountered by custodial party in pursuit of information about the noncustodial parent;
7.  Any other information that may assist the CSE Unit in identifying or locating the noncustodial parent.
C.  Establishing parentage of children for whom parentage has not been legally established or is in dispute and for whom assistance or foster care services is requested or provided.
D.  Establishing orders for financial and medical support and obtaining medical support for each child, when available to either party, as ordered by the court. 
E.  Obtaining support payments for the recipient/applicant and for each child for whom assistance or foster care services is requested or provided, and to which the department is entitled to collect pursuant to the assignment of support rights.
F.  Obtaining any other payments or property to which the custodial party and/or each child for whom assistance is provided may be entitled, and to which the department is entitled to collect, pursuant to the assignment of support rights. 
6.230.13  Cooperation in Foster Care Cases [Eff. 4/1/12] 
As a condition of continuing eligibility for assistance or to comply with part of the foster care treatment plan, unless exempted for good cause, the custodial party is required to make a good faith effort to provide information about the noncustodial parent(s) of the child(ren) to the Child Support Enforcement Unit. 
6.230.2  Cooperation Defined [Rev. eff. 4/1/12] 
“Cooperation", as used in this context, is defined as, but not limited to:
A.  Appearing at the county department of social services office or other related agency to provide verbal and/or written information, or documentary evidence that is known by, in the possession of, or reasonably obtainable by the individual and which is relevant and necessary;
B.  Appearing as a witness in court or other relevant hearing or proceeding;
C.  Providing information or attesting to the lack of information requested, under penalty of perjury;
D.  Submitting to genetic tests during an administrative or court proceeding conducted to determine parentage;
E.  Paying to the CSE Unit of the county department of social services all child support payments received from an obligor or a court after being determined eligible for IV-A or foster care services; and, 
F.  Signing legal documents, as appropriate. 
6.230.3  Cooperation Determination [Rev. eff. 4/1/12] 
The county IV-D administrator, or a designee, is responsible for making the determination of whether a PA, foster care, or Low-Income Child Care Assistance recipient has cooperated with the CSE Unit for the purposes of establishing and enforcing child or medical support. 
6.230.4  Notification [Rev. eff. 4/1/12] 
The county CSE Unit shall notify immediately the IV-A unit, foster care unit, Low-Income Child Care Assistance unit, or Medicaid unit of any IV-A recipient, foster care placing parent, Low-Income Child Care Assistance recipient, or Medicaid referral case recipient who fails to fulfill the cooperation requirements of this section. The notification shall describe the circumstances of the non-cooperation and the date(s) upon which it occurred. For Low-Income Child Care Assistance recipients, the notice will be the sixty (60) day advance notice of case closure for non-cooperation described in Section 6.260.52, B. 
The county CSE Unit will not attempt to establish paternity and support or collect support or third party information for medical support in those cases where the custodial party is determined to have good cause for refusing to cooperate.
6.230.5  Custodial Party Cooperates [Rev. eff. 4/1/12] 
After the CSE Unit has notified the IV-A, foster care, or Low-Income Child Care Assistance units of the custodial party's failure to cooperate, the custodial party may decide to cooperate rather than face penalties with the assistance grant, Low-Income Child Care Assistance or foster care treatment plan. Should this occur, the CSE Unit shall provide notification to the IV-A, foster care, or Low-Income Child Care Assistance units that the custodial party is now cooperating. The CSE Unit shall provide the notification to the IV-A, foster care, or Low-Income Child Care Assistance units within two (2) working days from the date the custodial party cooperated with the CSE Unit. 

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[Instructions: replace lines 1782862 through 1782889.] 
6.260.22  Opening a Case [Rev. eff. 4/1/12] 
Within twenty (20) calendar days of receipt of an application or referral of a case, the CSE Unit must:
A.  Open a case by initiating a case record on ACSES by following established procedures.
B.  For IV- A inter-county transfer cases, the new county must initiate the case on ACSES within five (5) working days of referral from IV-A in the new county.
C.  Determine necessary action needed.
D.  Solicit necessary information from the custodial party or other sources.
E.  Initiate verification of information.
F.  If location information is inadequate, refer the case for further location.
6.260.23  Maintenance of Records [Rev. eff. 4/1/12] 
A.  For all cases, the CSE Unit shall maintain a case record for each noncustodial parent or alleged father which contains all information collected pertaining to the case. Such information shall include, but is not limited to the following: 
1.  A chronological listing of information maintained on ACSES. Such information shall include:
a.  Any contacts with the recipient of IV-A, or a Low-Income Child Care Assistance recipient, or foster care placing parent who is required to cooperate with the CSE Unit, the date and reason, and the results of such contact;
b.  Any contacts with the non-PA or Low-Income Child Care Assistance custodial party for Child Support Enforcement services, the date and reason, and the results of such contact;
c.  Any contacts with the noncustodial parent, the date and reason therefore, and the results of such contact; 
d.  Any contact with any other agency involved in the case. 
e.  Actions taken to establish or modify a support obligation, establish child support debt, establish parentage, or enforce a support obligation, the dates and results;
f.  Identification of the reason for and date of case closure; and
g.  Any other significant actions taken regarding the case as deemed necessary for caseload documentation and management.
2.  The referral document received from the IV-A or foster care units, or the Application for Child Support Enforcement Services form;
3.  The written request from the recipient/applicant or the initiating jurisdiction in a responding intergovernmental case to terminate CSE services;
4.  Information Concerning Noncustodial Parent form, as prescribed by the State Department or similar county created form;
5.  A record of efforts to utilize local locate resources and the dates and results of these efforts;
6.  A copy of the court or administrative order;
7.  A copy of communications to and from the IV-A or the foster care program;
8.  A copy of communications to and from the state department;
9.  A copy of communications to and from other CSE Units or agencies;
10.  A record of case categories and priorities assigned and reassigned to the case, the date of such determination, and identification of the individual who made the determination;
11.  A copy of notices to the noncustodial parent and decisions concerning contested arrears.
B.  CSE staff shall change case categories as prescribed by the state immediately on ACSES when the case is ready for the next activity in order to provide documentation that the time frames have been met.

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[Instructions: replace lines 1782955 through 1782964.] 
6.260.6  MICROFILM AND IMAGING [Rev. eff. 4/1/12] 
Certified microfilm and/or other forms of the imaging of the case records may be substituted for the original case records upon prior written approval by the State Department. 
Such approval may be granted when the Child Support Enforcement Unit provides the State Department with the methods and procedures that conform to federal standards for microfilming and other forms of the imaging of records. 
6.260.7  EXPEDITED PROCESSES FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT ACTIONS [Rev. eff. 4/1/12] 
County child support units must develop, have in effect, and use procedures for all cases which ensure compliance with expedited process requirements. The procedures must include meeting the expedited process time frames for processing CSE actions based upon the following criteria: 
A.  Actions to establish an order for support (and paternity, if not previously established) must be completed from the date of service of process to the time of disposition within the following time frames:
1.  Seventy five percent (75%) in six (6) months; and, 
2.  Ninety percent (90%) in twelve (12) months. 
B.  When an order is established using long arm jurisdiction and disposition occurs within twelve (12) months of service of process on the alleged father or noncustodial parent, the case may be counted as a success within the six-month tier of the expedited process time frame, regardless of when disposition actually occurs within those twelve (12) months. 

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[Instructions: replace lines 1783155 through 1783173.] 
6.400  INTAKE [Rev. eff. 4/1/12] 
County Child Support Enforcement Units shall establish procedures to ensure that all activities regarding intake are undertaken and completed within the time frames, along with appropriate and specified functions pursuant to Section 6.260.22. The time frames begin when the application or referral is received and end when the case is ready for the next appropriate activity, e.g., locate, paternity establishment, establishment of a support order, or enforcement. All activities must be documented on ACSES. 
6.400.1  Intake Functions [Rev. eff. 4/1/12] 
The following functions are the responsibility of the Child Support Enforcement Unit with regard to intake of child support enforcement cases: 
A.  The Child Support Enforcement Unit shall assure that for each noncustodial parent or alleged father of children for whom Child Support Enforcement services are sought for non-public assistance cases, a Form CSE-6 shall be completed by the applicant; however, an application is not required in a responding intergovernmental case. The Child Support Enforcement Unit shall provide an application to the applicant pursuant to Section 6.201.2. 
B.  The Child Support Enforcement Unit shall assure that for all cases for which IV-A and/or foster care is being provided that the custodial party cooperate, unless a finding of good cause exemption from referral to the Child Support Enforcement Unit has been granted by the county director or designee, in: 
1.  Location of noncustodial or alleged parents;
2.  Determination of parentage;
3.  Establishment and modification of support orders, both financial and medical; and, 
4.  Enforcement of support orders. 
C.  Upon receipt of a good cause determination from the county director or designee, the Child Support Enforcement Unit shall close the Child Support Enforcement case.
D.  The Child Support Enforcement Unit shall assure that written explanations about Child Support Enforcement services and custodial party rights and responsibilities are provided to public assistance recipients receiving Child Support Enforcement services pursuant to Section 6.201.1.
E.  Within twenty (20) calendar days of receipt of an application or referral, the Child Support Enforcement Unit must open a case and take appropriate action pursuant to Section 6.260.22. 
F.  The Child Support Enforcement Unit shall assure that Form CSE-7 be forwarded to the IV-A unit or that other written notice be sent to the foster care unit within five (5) working days of failure to cooperate by the custodial party of a child receiving IV-A or by the placing parent of a child in foster care placement, unless good cause exemption from referral to the Child Support Enforcement Unit has been granted by the county director or designee. 
G.  The Child Support Enforcement Unit shall assure that for each noncustodial or alleged parent, a unique case number is established to identify the case. 
H.  The Child Support Enforcement Unit shall assure that all cases are categorized as set forth in these rules. 
I.  The Child Support Enforcement Unit shall assure that case records and financial records be established for each child support enforcement case according to these rules and procedures prescribed by the State Department. 

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[Instructions: replace lines 1784004 through 1784010.] 
6.903.11  Enforcement Remedies [Rev. eff. 4/1/12] 
The following enforcement remedies shall be utilized as appropriate: 
A.  One of two processes of assignment from any type of income through a Notice to Withhold Income for Support: 
1.  Immediate income assignment - the process whereby the income assignment is ordered in the original or modified court or administrative order or where the original or modified support order was issued after a certain date and takes effect immediately without any further notice to the obligor; 
2.  Other income assignment - the process whereby the order for income assignment is not part of the original order or the original order was issued before a certain date and the obligor is afforded due process through advance notification. 
B.  Immediate health insurance premium withholding - the process of health insurance premium withholding being included in the original or modified court order or administrative order and taking effect immediately. In adoption assistance cases, counties have the option of enforcing medical support through a National Medical Support Notice (NMSN).  Verification of the subsidized adoption is required if the county chooses not to enforce. Otherwise, the National Medical Support Notice (NMSN) must be sent to the obligor's employer. A notice must be sent to the obligor, informing him/her that the NMSN was sent to his/her employer and describing the rights and conditions regarding the issuance of the NMSN. Upon receipt of the notice, the obligor has ten (10) calendar days from the date of mailing to object to the Child Support Enforcement Unit, if: 
1.  The obligor believes that there is a mistake in identity and he/she is not the obligor or there is no court order for the obligor to provide health insurance. Upon receipt of a written objection, the CSE Unit will have ten (10) calendar days from the date of mailing to determine if the objection is valid. If valid, the CSE Unit must send a notice of termination to the obligor's employer with a copy to the obligor.
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