Tracking #2007-00072
FA/P 3/9/07, eff. 5/1/07

I:/06120701.rtf
[I:/06120701.doc]

(9 CCR 2504-1)

[Note:  Statement of Basis and Purpose is incorporated with Tracking No. 2007-00073 (I:/06121801.rtf)]

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[Instructions:  Replace line 1041298.] 
“Specific Dollar Amount for Medical Purposes” - 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.

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[Instructions:  Insert the following before line 1041636.] 
6.210.7  Access to Electronic Vital Records Maintained by the Colorado Department of Public Health and Environment (CDPHE) [Eff. 5/1/07]
A.  In order to be granted access to the electronic vital records system maintained by the Colorado Department of Public Health and Environment (CDPHE), an employee of a county delegate Child Support Enforcement Unit must complete and provide to CDPHE a criminal background check and all required forms.
B.  Each county delegate Child Support Enforcement Unit must complete a safeguard assessment for each location where employees will be accessing the electronic vital records system using the form prescribed by CDPHE. The safeguard assessment will be completed on a yearly basis thereafter. 
C.  Each county delegate Child Support Enforcement Unit shall ensure that its employees access the electronic vital records system maintained by CDPHE only for child support enforcement purposes. 
D.  If a current or former child support enforcement employee’s access to the electronic records system maintained by CDPHE is terminated or needs to be terminated due to a change of employment or job duties, the county delegate Child Support Enforcement Unit shall notify CDPHE and the Colorado Department of Human Services, Division of Child Support Enforcement, within two (2) business days. The county delegate Child Support Enforcement Unit shall request that access to the electronic vital records system be terminated when an employee no longer needs access for child support enforcement purposes. However, if there is an emergency situation involving a security breach, the county delegate Child Support Enforcement Unit shall notify CDPHE of the need to terminate access, at least on a temporary basis, by the end of the next business day following discovery of the breach. A security breach is defined in the access agreement signed by county delegate child support enforcement staff. 
E.  If a county delegate Child Support Enforcement Unit determines that the electronic vital records system has been accessed or may have been accessed for non-child support enforcement purposes or accessed by anyone not authorized to do so, it shall report this to CDPHE and the Colorado Department of Human Services, Division of Child Support Enforcement, by the end of the next business day following discovery. 
F.  A county delegate Child Support Enforcement Unit shall cooperate with any investigation into a security breach relating to the electronic vital records system, including providing any documentation requested to CDPHE and the Colorado Department of Human Services, Division of Child Support Enforcement.

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[Instructions:  Replace lines 1042152 through 1042187.] 

6.700.31  Public Assistance Cases
In active IV-A or foster care cases, the Child Support Enforcement Unit shall attempt to establish child support obligations, and medical support from any person who is legally liable for support.  The Child Support Enforcement Unit has the discretion to establish an obligation for child support debt and/or retroactive support based on the county’s procedure.  "Child Support Debt" is the amount due to a state as a result of payment of public assistance as described in Section 14-14-104, C.R.S.  "Retroactive Support " is a reasonable amount of support owed to the custodial party for a time period prior to the entry of the support order as provided by Section 19-6-104, C.R.S., and Section 19-4-116, C.R.S.  Establishing the legal obligation to provide child support includes activities related to establishing the amount of the child support debt and retroactive support due, determining the ability of both parents to provide support, and the amount of the support obligation, and medical support.
In public assistance, foster care, and low-income child care assistance referral cases, the Child Support Enforcement Unit shall not pursue the establishment of a child support obligation, child support debt, retroactive support or medical support if good cause exemption has been determined by the county director or designee.  Low-income child care assistance referrals may request a good cause exemption from cooperating with child support enforcement;  however, there is no assignment of rights in a low-income child care referral case, so child support debt can not be established.
For Medicaid referral cases the establishment of child support obligations, child support debt, and retroactive support due will not be established if good cause has been determined.
6.700.32  Non-Public Assistance Cases
In a non-public assistance case, including a low-income child care assistance case, the Child Support Enforcement Unit shall attempt to establish child support and medical support from any person who is legally liable for support of a child.  The Child Support Enforcement Unit has the discretion to establish an obligation for retroactive support based on the county's procedure.  Establishing the legal obligation to provide child support includes activities related to establishing the amount of retroactive support due, determining the ability of both parents to provide support, and determining the amount of the support obligation.
6.700.33  Health Insurance [Rev. eff. 5/1/07]
For public assistance and non  public assistance cases in which support is being sought, the Child Support Enforcement Unit shall seek to include health insurance coverage by either parent or both parents on behalf of his/her children. The order shall provide for the assignment of any benefits to the health care provider, not to the Child Support Enforcement Unit.
A.  The Child Support Enforcement Unit shall provide health insurance information for public assistance cases to the IV A and foster care units and to the custodial party on the State-prescribed form, CSE-212, Health Insurance Information.
B.  The Child Support Enforcement Unit shall provide health insurance information for non- public assistance cases to the caretaker on the State-prescribed form, CSE-212, Health Insurance Information.
6.700.34  Establishing Debt [Rev. eff. 5/1/97]
Effective June 6, 1993, if action is taken to establish debt, it must be pursued in accordance with Section 14-14-104, C.R.S.
6.700.35  Assignment of Support to Another State  [Rev. eff. 7/1/99]
If support has previously been assigned to another state, the Colorado assignment will begin the first day of the month the custodial party and/or child(ren) discontinued public assistance in another state.
6.700.36  Dismissal [Eff. 10/1/90]
If the court or administrative authority dismisses a petition for a support order without prejudice, the Child Support Enforcement Unit shall, at the time of dismissal, examine the reasons for dismissal and determine when it would be appropriate to seek an order in the future, and seek a support order at that time.  This shall be documented on Automated Child Support Enforcement System chronology and a review date set.
6.700.37  Retroactive Support [Rev. eff. 2/1/06]
Effective May 31, 1994, an order for a reasonable amount of retroactive support due, calculated using the child support guidelines as set forth in Section 6.700.38, may be included in any non-public assistance action to establish paternity and/or child support, and in any public assistance action if requested by a custodial party, if there is a time period which occurred prior to the receipt of public assistance benefits for which such support can be established.
A.  The custodial party shall be required to complete an "Affidavit of Retroactive Support" and return it to the Child Support Enforcement Unit before the initiation of any judicial or administrative action to establish retroactive support. A Child Support Enforcement Unit shall not establish an order for retroactive support unless an "Affidavit for Retroactive Support" has been received from the custodial party. The county Child Support Enforcement Unit shall use the State proscribed "Affidavit of Retroactive Support." If the custodial party is waiving the right to retroactive support, this shall be reflected in the support order. If the Child Support Enforcement Unit does not establish retroactive support on behalf of custodial parties, the order shall contain a statement to this effect and also an advisement to the non-custodial party that the custodial party may pursue the establishment of retroactive support separately.
B.  In a public assistance case, retroactive support will not be established for:
1.  Any months for which the custodial party received public assistance.
2.  Any months for which the children did not reside with the custodial party.
3.  Any months when the custodial party, non-custodial parent, and the children lived in the same household.
4.  If the retroactive support is being established in a divorce or legal separation action, the amount of retroactive support will be based upon the number of months after the date of physical separation of the parents, the filing date of the action, or the date of service upon the respondent, whichever date is latest.
C.  In a non-public assistance case, including a low -income child care referral case, retroactive support will not be established for:
1.  Any months for which the children did not reside with the custodial party.
2.  Any months when the custodial party, non-custodial parent and the children lived in the same household.
3.  If the retroactive support is being established in a divorce or legal separation action, the amount of retroactive support shall be based upon the number of months after the date of physical separation of the parents, the filing date of the action, or the date of service upon the respondent, whichever date is latest.
6.700.38  Guidelines for Establishment of Retroactive Support and Child Support Debt [Rev. eff. 2/1/06]
The Child Support Enforcement Unit has the discretion to establish an obligation for child support debt and/or retroactive support due based on the county’s procedure.
A.  In a public assistance case, the Child Support Enforcement Unit may use the current monthly support order amount determined by using the Colorado child support guidelines times the number of months that the custodial party received public assistance as the initial basis for the amount of child support debt owed by the non-custodial parent.
B.  In a public assistance or non-public assistance case, the Child Support Enforcement Unit may use the current monthly support order amount determined by using the Colorado child support guidelines times the number of months that the children lived in the custodial party’s home without the presence of the non-custodial parent as the initial basis for the amount of retroactive support owed by the non-custodial parent.
C.  The Child Support Enforcement Unit may take the following factors into consideration in determining whether the initial amount of child support debt or retroactive support calculated pursuant to paragraphs A and B, above, is appropriate and reasonable:
1.  An increase in the parent’s income since the date of child’s birth that may result in the current monthly child support order being higher than it would have been a the time of the child’s birth.
2.  The length of time that a custodial party waited before requesting the services for the establishment of retroactive support, including whether the non-custodial parent knew or should have known about the existence of the children.
3.  Special circumstances that may have inhibited the custodial party from requesting assistance from Child Support Enforcement at an earlier date.
4.  Direct cash or in-kind support provided by the non-custodial parent to custodial party for the children for periods prior to the entry of the support order.
5.  Any circumstances beyond the control of the non-custodial parent which might have lengthened the time periods for which child support debt or retroactive support are being established including, but not limited to, non-cooperation by the custodial party.
D.  If either the custodial or non-custodial parent does not agree to the proposed amount of retroactive support, a temporary order, according to Section 6.713, must be established and the case referred for a court hearing.  The temporary order may not include any amount for child support debt or retroactive support.