Tracking# 2013-00787
FA/P 9/6/13, eff. 11/1/13 

I:/13040301.rtf 
(I:/13040301.doc) 

(9 CCR 2504-1) 

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Revisions to Sections 6.002, 6.205 and 6.205.1, 6.205.13, 6.205.2, 6.210.12, 6.210.13, 6.210.2, 6.210.3, 6.210.42, 6.210.5, 6.210.6 through 6.210.67, 6.220, 6.260.23, 6.260.3 through 6.260.31, 6.400, 6.400.1, and 6.500 through 6.503 were final adoption following publication at the 9/6/2013 State Board meeting, with an effective date of 11/1/2013 (Rule-making# 13-4-3-1). 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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6.002  DEFINITIONS [Rev. eff. 11/1/13]

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“Federal Tax Information (FTI)” - any information contained in, or that derived from, a federal tax return.

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"Original Order” - means the first support order that orders a parent to pay support for a child. 

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6.205  ENFORCING COUNTY [Rev. eff. 11/1/13]
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 Child Support Enforcement 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 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 intergovernmental 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. 
B.  For all cases, the enforcing county for a Colorado Child Support Enforcement case is the first county where a Child Support Enforcement application or referral was made. The enforcing county shall provide the full range of services to the Low-Income Child Care Assistance referral case from another county, even if the enforcing county elected not to require the Low-Income Child Care Assistance recipients in its county to cooperate with the Child Support Enforcement Unit. 
C.  When there is a new application or referral in a county other than the enforcing county, the county of the new application or referral shall assist in the completion of the application and any intergovernmental or other necessary documents. The county of the new application or referral shall forward the application, documents, and fee to the enforcing county, as appropriate, utilizing the form as prescribed by the State Department. For a Low-Income Child Care Assistance referral case, the Low-Income Child Care Assistance Program unit shall deal directly with the Child Support Enforcement (CSE) Unit located in its county. The CSE Unit will then communicate with the enforcing county. 
D.  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. 
E.  When a IV-D unit requests enforcing county designation and the interested CSE Units cannot agree, within five (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. 11/1/13]
A.  The enforcing county shall enforce the original order and any subsequent modifications, and modify, as appropriate. Copies of all legal actions, such as modifications, and judgments shall be filed into the original order. 
B.  When IV-A or foster care placement costs (maintenance and services) 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 existing order to the extent possible even if the order was issued by another county. If a court hearing is necessary, the enforcing county may request the IV-D unit in the county of the existing order to have its CSE attorney appear on behalf of the enforcing county. When requested, the CSE attorney in the order-issuing 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 existing order shall initiate the role reversal case and modify the existing court order to reflect the new change in circumstance, or initiate a reciprocal action to another jurisdiction, if appropriate, whether the role reversal occurred prior to or after the IV-D referral or application.

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[Instructions:  replace lines 2385841 through 2385852.] 
6.205.13  Registration Of Order [Rev. eff. 11/1/13]
In intergovernmental cases, the enforcing county may register a foreign order or enforce administratively, when enforcement is requested by the initiating agency.
There shall be no registration of Colorado orders.
6.205.2  INTERGOVERNMENTAL ENFORCING COUNTY [Rev. eff. 11/1/13]
Responding intergovernmental cases are 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: 
A.  If there is an existing open cases, a responding intergovernmental action shall be forwarded to the existing enforcing county. 
B.  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.
C.  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.
D.  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.
E.  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.
F.  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.

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6.210.12  [Rev. eff. 11/1/13]
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:
A.  When clarification of information is required to provide the next appropriate Child Support Enforcement service authorized in Colorado law and described in the Child Support Enforcement state plan. For example, if a worker from a clerk and recorder’s office calls to clarify information contained in a Child Support Enforcement Unit’s request for a lien to be placed on real property, the child support worker may confirm what action is being requested of the clerk and recorder.
B.  In the administration of the plan or any program approved under Part A (Temporary Assistance to Needy Families), Part B (Child Welfare), Part D (Child Support Enforcement), Part E (Foster Care) or Part F (Child Care Services) or Titles XIX (Medicaid) or XXI (State Children’s Health Insurance Program) of the Social Security Act, and the Supplemental Nutrition Assistance Program, including data which is necessary for fraud investigation or audit.
1.  To assist any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such state plans or programs.
2.  To report to the appropriate state or county department staff information that has been reported, to a Child Support Enforcement worker, of suspected mental or physical injury, sexual abuse or exploitation, or negligent treatment or maltreatment of a child who is the subject of a child support enforcement activity under circumstances which indicate that the child’s health or welfare is threatened.
C.  In response to a request received from a party to the action or his/her attorney of record, the requester can receive information specific to himself/herself only, and not the other party. Each party may verify the accuracy of the information related to him/her only that is in the possession of the Child Support Enforcement Unit. If the requestor is shown as a child on the case action, even if the child has since reached the age of emancipation, that requestor is not a party to the action and the information shall not be released except upon issuance of a court order.
D.  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.
E.  To inform the parties of information regarding the amount of public assistance benefits paid to the family which could be used in an administrative or court proceeding to establish or enforce an order for the past assistance.
6.210.13  Disclosure [Rev. eff. 11/1/13] 
Disclosure of any Child Support Enforcement case information is prohibited in the following circumstances:
A.  At the request of all private collection agencies, unless the requesting agency is a state or county contractor and bonded as required by state or federal statute.
B.  In response to a written complaint from the party (constituent) received by a legislator. Child Support Enforcement Units may provide only information which indicates what progress is being made on the case or what action has or will be taken to move the case forward.
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.
D.  At the request of a current spouse or other individual even if that person has a notarized statement from the noncustodial parent.
E.  Any information received from the Internal Revenue Service that has not been verified by an independent source. Such information can only be released to the taxpayer.
F.  Information obtained through the State Income and Eligibility Verification System (IEVS) shall not be disclosed to anyone. The information shall be used exclusively by the Child Support Enforcement program.
G.  Disclosure to any committee or legislative body (federal, state, or local) of any information that identifies any party to the action by name or address.
H.  Genetic test results can only be released to the parties of the action. Pursuant to Sections 19-1-308 and 25-1-122.5, Colorado Revised Statutes, the parties are prohibited from disclosing the information to anyone else.
I.  The information obtained from the access of records using the Social Security Number, pursuant to Section 14-14-113, C.R.S., shall only be used for the purposes of establishing paternity or child support ordered, modifying or enforcing child support orders.
J.  Upon receipt of a non-disclosure affidavit and required documentation from either party, the county child support enforcement worker shall create the affidavit of non-disclosure and the affidavit shall be forwarded to the court of jurisdiction. In this instance an individual’s identity or location can be released only upon receipt of a court order requiring the override of the non-disclosure. The county child support worker shall update the non-disclosure indicator on the automated child support system within five working days of the date of receipt of the affidavit. Interjurisdictional cases will be handled as follows: 
1.  Initiating Interjurisdictional Cases: Treated the same as an in-state case with the exception that the affidavit will be sent to the responding jurisdiction along with the other required intergovernmental forms.
2.  Responding Interjurisdictional Cases: If the initiating jurisdiction indicates that there is a nondisclosure granted in that jurisdiction, the county child support worker shall update the non-disclosure indicator on the automated child support system within five working days of the date of receipt of the intergovernmental request. 
K.  No Financial Institution Data Match information or Federal Tax information from the Internal Revenue Service may be disclosed outside of the administration of the Title IV-D program. 
L.  No information from the National Directory of New Hires or the Federal Case Registry may be disclosed outside of the administration of the Title IV-D program except: 
1.  In the administration of the plan or any program approved under Part B and Part E of the Social Security Act to locate parents and putative fathers for the purpose of establishing parentage or establishing parental rights with respect to a child.
2.  In the administration of the plan or any program approved under Part A, Part B, Part D, and Part E of the Social Security Act, which is incorporated by reference; no amendments or editions are included. They may be examined during regular business hours by contacting 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.
6.210.2  PAYMENT RECORDS [Rev. eff. 11/1/13]
Child support payment records that do not identify the source of the payments are considered public records and may be released upon request of any person pursuant to Section 24-72-202, C.R.S. No federal tax information, address or any other location information shall be included in the documents provided to the requestor or included for use in any court.
6.210.3  CONFLICT OF INTEREST [Rev. eff. 11/1/13] 
Child Support Enforcement Units shall establish processes in which certain case files are worked only by a supervisor or in a manner that provides limited access to case information. An example of these files: employee files or court ordered "sealed" files. Any employee with a personal interest in a case, including but not limited to his/her own case or a case of a relative or friend, shall not engage in any Child Support Enforcement activity related to that case and may not view any case information maintained on the automated child support system for that case.
6.210.4  RECORDS 
6.210.41  Taxpayer Records
Federal tax return information obtained from the Internal Revenue Service shall be safeguarded to comply with Internal Revenue Service safeguarding standards, which include storing information in a locked cabinet or by shredding the information. Disclosure of, or access to, unverified data shall be restricted to individuals directly involved in the administration of the Child Support Enforcement program. "Unverified" means information which has not been independently verified with the taxpayer or through a third party collateral source. While obtaining verification of locate information, the Child Support Enforcement worker shall not divulge the source of the data being requested for verification.
6.210.42  Financial Records [Rev. eff. 11/1/13] 
Financial records of an individual are to remain confidential, unless they are part of an action to establish a child support order or to complete a review and adjustment of an existing child support order, in which case, supporting financial documentation used to calculate the monthly support obligation shall be provided to both parties. Any person disclosing financial information inappropriately could face civil damages. 
6.210.5  ADOPTION INFORMATION [Rev. eff. 11/1/13]
Adoption information such as adoptive parents’ names, biological parents’ names, or other identifying information shall not be data entered on the automated child support system. The date of adoption or relinquishment shall be documented in the case file to indicate that any prior arrears owed could be assigned to the state.
6.210.6  ACCESS TO INFORMATION [Rev. eff. 11/1/13] 
A.  No on-line computer access to electronic records through the automated child support system or other systems or databases will be provided to parties or non-parties.
B.  Access to the automated child support system or other systems or databases for any personal reason is prohibited. Access is restricted to business use only and can only be accessed in the usual course of business.
C.  County directors of social services or their written designee shall establish written processes to assure that system access is only provided to employees which corresponds to each workers' case assignment.
D.  No other division within the state department shall have access to the automated child support system without specific approval from the state Division of Child Support Enforcement. Child Support Enforcement information will be released by granting access to specific automated child support system data elements or by making an extract file of case information available, at the state level, for other programs to access.
E.  County directors or their written designees must request from the state Child Support Enforcement Unit access to the automated child support system, for companies or individuals who have entered into contracts or agreements with state and/or county Child Support Enforcement Units, by including the request to access case information in the contract or agreement.
F.  State and county Child Support Enforcement Units must perform a background check on all employees prior to authorizing access to Child Support Enforcement information. The background check must include a criminal record check to obtain any criminal history and a Colorado civil court record check to obtain any child support case history of the employee.
G.  All information eligible for release to related agencies (such as Internal Revenue Service, lottery, Department of Labor, credit reporting agencies, Department of Revenue, Motor Vehicle, Workers' Compensation, financial institutions, state regulatory agencies, the state controller, and Social Security) will be made available at the state level.

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6.220  FEDERAL TAX INFORMATION [Eff. 11/1/13] 
A.  Federal Tax Information is not to be viewed, either on a computer screen or on a printout of a computer screen, by anyone other than Child Support Enforcement (CSE) staff, CSE contract staff, or CSE attorneys. If an unauthorized person inspects or discloses Federal Tax Information, county CSE staff must report this violation to the State Child Support Enforcement Internal Revenue Services point of contact. 
B.  Federal Tax Information is not to be printed from the automated child support system except if that Federal Tax Information was originally provided by the taxpayer, unless the screen print is appropriately logged and either filed with secure storage controls or appropriately destroyed. The log must contain the following information: 
1.  Which screen was printed; 
2.  Who printed the screen; 
3.  Who had access to the screen print; 
4.  The name of the obligor; 
5.  The IV-D case number; 
6.  The storage location of the screen print; and, 
7.  The date, method of destruction, and person who destroyed the screen print.
C.  CSE Units are prohibited from transmitting Federal Tax Information via a facsimile device or via any form of electronic mail.
D.  Only an agency-owned computer and/or other device shall be used to remotely connect and gain access to the automated child support system.
E.  If a county uses a visitor’s log in its CSE Unit, the log must include the following items: 
1.  Date; 
2.  Visitor’s name; 
3.  Visitor’s place of business; 
4.  Driver’s license number, state, and expiration date; 
5.  The purpose of the visit; 
6.  The person who escorted the visitor; and, 
7.  The time the visitor came into the building and the time the visitor left the building.

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6.260.23  Maintenance of Records [Rev. eff. 11/1/13]
A.  For all cases, the Child Support Enforcement Unit shall maintain a case record for each noncustodial or alleged parent which contains all information collected pertaining to the case. Such information shall include, but is not limited to the following: 

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6.260.3  CATEGORIZATION OF WORKLOAD
6.260.31  [Rev. eff. 11/1/13]
The CSE Unit shall provide equal services to all cases in the caseload. 

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6.400  INTAKE [Rev. eff. 11/1/13]
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 the automated child support system. 
6.400.1  INTAKE FUNCTIONS [Rev. eff. 11/1/13]
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 or alleged parent 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. 

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6.500  LOCATE  [Rev. eff. 11/1/13]
Attempts to determine the physical whereabouts of noncustodial parents, placing parents, or the noncustodial or placing parents' employer(s), other sources of income or assets, as appropriate, for paternity establishment, establishment or modification of a child support order or enforcement of an order are a required service of the Child Support Enforcement program. Locate activity is provided for all cases.
6.501  LOCATE PROCEDURES  [Rev. eff. 11/1/13]
County Child Support Enforcement Units shall establish procedures to ensure that all appropriate locate activities are undertaken and completed within the time frames specified. The time frames begin when it is determined that location of the noncustodial or placing parent is necessary and end when the noncustodial or placing parent is located and the case is ready for the next appropriate activity, e.g. establishment of paternity, establishment or modification of a support order or foster care fee order, or enforcement. All locate activities must be documented by source (Division of Motor Vehicles, Department of Labor and Employment, no hit, etc.) on the automated child support system.
6.502  LOCATE FUNCTIONS
6.502.1  [Rev. eff. 11/1/13]
Within seventy-five calendar days of determining that location is necessary, the Child Support Enforcement Unit must access all appropriate locate sources including transmitting appropriate cases to the Expanded Federal Parent Locator Service and ensuring that information is sufficient to take the next appropriate action in a case. In intergovernmental cases, it is the responsibility of the initiating agency, rather than the responding state, to access the Expanded Federal Parent Locator Service when appropriate, and provide new locate information to the responding agency. However, if the initiating agency is a foreign country, the responding agency should access the expanded Federal Parent Locator Service. 
6.502.2  [Rev. eff. 11/1/13] 
The Child Support Enforcement Unit must assess each locate case to determine appropriate locate sources. Available locate sources include: 
A.  State locate sources such as the Department of Labor and Employment and the Division of Motor Vehicle, Workers' Compensation and state directory of new hires;
B.  Current or past employers;
C.  Local telephone company, United States Postal Service, financial references, unions, fraternal organizations, parole and probation records and police records;
D.  Expanded Federal Parent Locator Service and other state parent locators;
E.  Local offices administering public assistance, general assistance, medical assistance, food stamps and social services;
F.  Custodial party, friends, and relatives of noncustodial parents;
G.  Credit reporting agencies.
1.  A full credit report may be obtained only if a child support order exists, except as provided in Section 6.709.3.
2.  If a child support order does not exist, an inquiry using the Social Security Number will provide residential and employment information, if available.
6.502.3  [Rev. eff. 11/1/13] 
A Child Support Enforcement Unit may obtain information from public utilities through the utilization of an administrative subpoena. The Child Support Enforcement Unit must submit a request for administrative subpoena to the State parent locator by documenting in the chronology of the case the following:
A.  All locate resources have been accessed.
B.  No location information has been obtained.
6.503  LOCATION IN INTERGOVERNMENTAL CASES [Rev. eff. 11/1/13]
The initiating agency must forward a State Parent Locate Service (SPLS) request through manual or electronic means to the IV-D agency of any other jurisdiction within twenty (20) calendar days of receiving information that the noncustodial or alleged parent may be in another jurisdiction. However, if the initiating agency is a foreign country, the responding agency should access the expanded Federal Parent Locator Service.
Upon receipt of information regarding the noncustodial or alleged parent, all appropriate follow up must be completed by the Child Support Enforcement Unit to verify the location information received.

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