Tracking #2013-00246
Final (permanent) 5/3/13, eff. 7/1/13 

(former Tracking #2013-00310
emergency 4/5/13, eff. 4/5/13) 

I:/13020801.rtf 
(I:/13020801.doc) 

(9 CCR 2504-1)

[Instructions: insert before line 2385566.] 
Revisions to Sections 6.250 through 6.250.3, 6.260.51, and 6.806 were final (permanent) adoption at the 5/3/2013 State Board meeting, with an effective date of 7/1/2013 (Rule-making# 13-2-8-1). 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, Office of Enterprise Partnerships, Division of Boards and Commissions, State Board Administration.

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[Instructions: replace lines 2397511 through 2397553.] 
6.250  PROVISION OF SERVICES IN INTERGOVERNMENTAL IV-D CASES BY CHILD SUPPORT ENFORCEMENT (CSE) UNITS [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13]
6.250.1  INITIATING STATE/JURISDICTION RESPONSIBILITIES [Rev. emergency eff 4/5/13; permanent eff. 7/1/13]
County CSE Units shall ensure management of the initiating intergovernmental CSE caseload to ensure provision of necessary services, including maintenance of case records and periodic review of program performance on interstate cases. 
A.  When applicable, use long arm statutes to establish paternity or support. Also, determine if enforcement action can be completed through an instate action such as direct income withholding to the noncustodial parent's out of state source of income.
B.  Within twenty (20) calendar days of locating the noncustodial parent in another state, Tribe or country, determine if the filing of an intergovernmental action is appropriate and refer the intergovernmental filing to the Interstate Central Registry of the appropriate state, to the Tribal IV-D program, or to the central authority of the foreign country, or take the next appropriate action. 
C.  Ask the appropriate intrastate tribunal or refer the case to the appropriate responding state IV-D agency for a determination of the controlling order and a reconciliation of arrearages, if such a determination is necessary.
D.  The twenty (20) day time frame begins on the date the obligor’s location is verified and/or necessary documentation to process the case is received, whichever date is later. UIFSA petitions are to be sent directly to the Interstate Central Registry of the appropriate state, to the Tribal IV-D program, or to the central authority of the foreign country. 
E.  Provide sufficient and accurate information on appropriate standardized interstate forms with each action referred to enable the responding agency to take action. The Intergovernmental Child Support Enforcement Transmittal form and other standardized interstate forms, as prescribed by the state, shall be used for each intergovernmental action request.
F.  Request that the responding state include health insurance in all new and modified orders for support.
G.  Within thirty (30) calendar days of request, provide additional information and any order and payment record information requested by a state IV-D agency for a controlling order determination and reconciliation of arrearages, or notify the requesting office when information will be provided. 
H.  Within ten (10) working days of receipt of new case information, submit information to the CSE office in the responding agency. New information includes case status change or any new information that could assist the other agency in processing the case. 
I.  Instruct the responding agency to close its intergovernmental case and to stop any withholding order or withholding notice that the responding agency has sent to an employer, before transmitting a withholding order or withholding notice, with respect to the same case, to the same or another employer, unless an alternative agreement is reached with the responding agency regarding how to proceed. 
J.  Notify the responding agency within ten (10) working days when a case is closed and the reason for closure.
K.  The CSE Unit may provide any documentation, notification, or information through any electronic means, as long as the electronic transaction is appropriately documented in the case record. 
L.  If the initiating agency has closed its case pursuant to Section 6.260.5 and has not notified the responding agency to close its corresponding case, the initiating agency must make a diligent effort to locate the obligee, including use of the Federal Parent Locator Service and the State Parent Locator Service, and accept, distribute, and disburse any payment received from a responding agency. 
6.250.2  RESPONDING STATE/JURISDICTION RESPONSIBILITIES [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13] 
County CSE Units shall ensure management of the interstate CSE caseload to ensure provision of necessary services, including maintenance of case records and periodic review of program performance on interstate cases.
A.  Ensure that organizational structure and staff are adequate to provide services in intergovernmental CSE cases.
B.  County CSE Units must initiate any electronic or manual referral from the interstate network within twenty (20) calendar days of the date of referral as found on the ACSES responding interstate recently referred list.
C.  If the noncustodial parent is located in another county within ten (10) working days of receipt of the intergovernmental case, the case shall be moved to the county of the noncustodial parent's residence unless:
1.  The county was the open enforcing county prior to the intergovernmental referral; or,
2.  The county has registered a foreign order; or,
3.  The county is the county of the original order.
If the case does need to be moved, the county shall contact the Interstate Network to move the case to the county of the noncustodial parent's residence. 
D.  Within ten (10) working days of locating the noncustodial parent in another state or country, the CSE Unit will notify the initiating state of the new address. At the direction of the initiating agency, the case may be closed or the case may be forwarded to the appropriate Central Registry, to the Tribal IV-D program, or to the central authority of the foreign country in which the noncustodial parent now resides. 
6.250.21  Provide Necessary CSE Services as Instate Title IV-D Cases [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13]
Provide all necessary CSE services as would be provided in instate IV-D cases by: 
A.  Establishing paternity and attempting to obtain a judgment for costs if paternity is established; if paternity has been determined by another state, whether it was established through voluntary acknowledgment, administrative process or judicial process, it shall be enforced and otherwise treated in the same manner as an order of this state;
B.  Establishing child support obligations;
C.  Establishing an order for either party to provide medical support in all new or modified orders for child support, if not addressed in the original order; 
D.  Processing and enforcing orders referred by another agency, pursuant to the UIFSA or other legal processes;
E.  Enforcing medical support if there is evidence that health insurance is accessible and available to the obligor at a reasonable cost; 
F.  Collecting and monitoring support payments for the initiating agency and forwarding payments to the location specified by the initiating CSE office within two business days of the Colorado date of receipt;
G.  If a determination of controlling order has been requested, file the request as defined by Section 14-5-207, C.R.S., with the appropriate tribunal within thirty (30) calendar days of receipt of the request or location of the noncustodial parent, whichever occurs later. Notify the initiating agency, the controlling order state, and any state, country, or Tribe where a support order in the case was issued or registered of the controlling order determination and any reconciled arrearages within thirty (30) calendar days of receipt of the determination from the tribunal. 
H.  Provide timely notice to the CSE office in the initiating agency of any formal hearing regarding establishment or modification of an order. Respond to inquiries regarding intergovernmental case activity within five (5) working days. 
I.  Respond to inquiries regarding intergovernmental case activity within five (5) working days.
J.  Within ten working days of receipt of new information on a case, submit information to the initiating agency. New information includes case status change or any new information that could assist the other agency in processing the case.
K.  Notify the initiating state within ten (10) working days of the case closure when a case is closed.
6.250.3  PAYMENT AND RECOVERY OF COSTS IN INTERSTATE IV-D CASES [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13]
The responding agency is responsible for payment of genetic tests for establishing paternity.
The responding agency is responsible for attempting to obtain judgment for genetic test costs.
The responding agency is responsible for payment of all costs it incurs in the processing of an interstate case. 
The responding agency may not recover costs from a Foreign Reciprocating Country (FRC) or from a foreign obligee in that FRC, when providing services under Sections 454(32) and 459A of the Social Security Act. The documents are incorporated by reference; no amendments or editions are included. They may be examined during regular business hours at the Colorado Department of Human Services, Director of the Division of Child Support Enforcement, 1575 Sherman Street, Denver, Colorado 80203; or at any state publications depository library. The Social Security Act is also available on-line at: http://www.ssa.gov/OP_Home/ssact/ssact.htm. 

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[Instructions: replace lines 2397554 through 2397583.] 
6.260.5  CLOSURE OF CASES 
6.260.51  Notice and Reasons for Closure [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13]
Unless otherwise noted, case closure requires a sixty (60) day advance notice of closure to the custodial party. For closure reasons that require notice, the Child Support Enforcement Unit must notify the custodial party of the unit's intent to close the case by sending a notice of closure on the form prescribed by the State Department sixty (60) calendar days prior to closing a public assistance or non-public assistance case. The case must be left open if the custodial party or initiating agency supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order. If the case is a responding interstate case, the notice shall be sent to the initiating agency. Responding intergovernmental cases can only be closed using closure reasons "G" or "H" of this section. If the case is a foster care case, the notice of closure is not required because the custodial party (county department) initiated the request for closure based on the child(ren)'s termination from foster care placement. All records of closed cases must be retained for a minimum of three years.
Public assistance and non-public assistance, including Low-Income Child Care Assistance, cases may be closed for one or more of the reasons listed below or in Section 6.260.52 or 6.260.53. If the Low-Income Child Care Assistance case is closed, the county CSE Unit must notify the appropriate county Low-Income Child Care Assistance Program.
A.  There is no longer a current support order and either no arrearages are owed or arrearages are under $500 or unenforceable under state law.
B.  The noncustodial parent or putative father is deceased and the death has been verified through sources such as: 
1.  A newspaper obituary;
2.  A death certificate;
3.  Contact with the funeral home;
4.  The custodial party's statement has been recorded in the case record; or,
5.  The Social Security Death Index, and no further action, including a levy against the estate, can be taken.
C.  The Child Support Enforcement Unit determines that parentage cannot be established because:
1.  The child is at least 18 years old and the action is barred by a statute of limitations;
2.  The results of genetic testing have excluded the alleged parent as the father of the child;
3.  A court or administrative process has excluded the alleged father;
4.  The Child Support Enforcement Unit determines it is not in the best interest of the child to establish paternity in a case involving incest, rape, or in any case where legal proceedings for adoption are pending;
5.  The identity of the biological, alleged, putative, or presumed father is unknown and cannot be identified after diligent efforts, including at least one interview by the Child Support Enforcement Unit with the custodial party; or,
6.  The child(ren) in the case has had his/her adoption finalized.
D.  The noncustodial parent's location is unknown and the Child Support Enforcement Unit has made diligent efforts using multiple sources, pursuant to Section 6.500, all of which have been unsuccessful in locating the noncustodial parent:
1.  Over a three-year period when there is sufficient information to initiate an automated locate effort; or,
2.  Over a one-year period when there is not sufficient information to initiate an automated locate effort. Sufficient information is defined as a name and Social Security Number.
All cases in the Child Support Enforcement caseload will be transmitted from the state case registry to the federal case registry. One step in the transmission will be to submit the case to the Enumeration Verification System (EVS) which will assist in identifying and verifying a Social Security Number.
E.  The noncustodial parent cannot pay support for the duration of the child's minority because the parent has been institutionalized in a psychiatric facility, is incarcerated with no chance for parole, or has a medically verified total and permanent disability with no evidence of support potential. The Child Support Enforcement Unit must determine that no income or assets are available to the noncustodial parent which could be levied or attached for support.
F.  The noncustodial parent is a citizen of, and lives in, a foreign country, and does not work for the United States government or a company which has its headquarters or offices in the United States and the noncustodial parent has no reachable domestic income or assets and the federal office and the state have been unable to establish reciprocity with the foreign country.
G.  The initiating jurisdiction has requested in writing that the interstate case be closed. The sixty (60) day advance notice of closure is not required for these cases. Any income withholding order must be terminated and the responding case closed within ten (10) working days of the request from the initiating agency unless an alternative agreement is reached with that agency. 
H.  The Child Support Enforcement Unit documents failure by the initiating agency to take action which is essential for the next step in providing services.
I.  If a case was closed and then subsequently reopened to process child support payments received after case closure, the case should be closed once payment processing is completed. The sixty (60) day advance notice of closure is not required for these cases.
J.  There has been a change in legal custody in the case.
K.  The custodial parent is deceased.
L.  The responding jurisdiction does not have statutory authority to take the next appropriate action in the case. 

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[Instructions: replace lines 2397584 through 2397596.] 
6.806  INTEREST [Rev. emergency eff. 4/5/13; permanent 7/1/13]
Collection of interest is optional for county Child Support Enforcement Units. If a county chooses to collect interest, the following rules shall apply.
A.  Interest on support collections that are deposited in a financial institution in interest bearing accounts shall be used to reduce administrative costs as prescribed by the State Department.
B.  Interest collected through support arrears/debt shall be considered a support collection and shall be used to reduce the UPA/UMP balances or, for non IV-A cases, paid to the family.
1.  In order to collect interest on a Colorado order, the interest rate will be calculated as prescribed by the State Department on the balance past due at the current interest rate in effect as set forth in Sections 5-12-101 and 14-14-106, C.R.S.
2.  Interest on arrears balances will be calculated for a specific amount of arrearages/debt covering a specific period of time. The amount of interest will be listed separately from the amount listed for child support arrears/debt and shall be added to the IV-D ledger on the automated child support enforcement system using the appropriate interest adjustment reason codes. The two figures will be added together to show the total amount of judgment or non-judgment balances.
3.  A county may charge interest on a Colorado child support order according to statute. If a county intends to calculate interest, it must: 
a.  Send a written notice to the obligor or his/her attorney of record, if one exists, that interest will be assessed on the order.
b.  Only assess interest beginning with the date of the notice referenced in paragraph a, of this section.
c.  Complete an updated interest calculation every six (6) months for all cases where notice, in paragraph “a” of this section, was provided and shall provide written notification of the amount of interest assessed to the obligor or his/her attorney of record, if one exists. 
d.  Notify the responding agency in an initiating reciprocal action, at least annually, and upon request in an individual case, of interest charges, if any, owed on overdue support. 
4.  The county Child Support Enforcement Unit may waive the collection of interest if it wishes to use interest as a negotiating tool to reach a payment settlement on both public assistance and non public assistance cases.
5.  Counties must collect interest on responding interjurisdictional cases if they are enforcing another jurisdiction’s order and the initiating jurisdiction requests collection of interest.

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