Code of Colorado Regulations
2500 - Department of Human Services
2504 - Child Support Services (Volume 6)
9 CCR 2504-1 - RULE MANUAL VOLUME 6, CHILD SUPPORT SERVICES RULES
Section 9 CCR 2504-1-6.230 - COOPERATION BY CUSTODIAL PARTY

Universal Citation: 9 CO Code Regs 2504-1, ยง 6.230

Current through Register Vol. 47, No. 17, September 10, 2024

6.230.1 Good Cause [Rev. eff. 4/1/12]

Good cause is defined as circumstances under which cooperation with the Child Support Services 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 Services 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 CSS Unit. The Child Support Services 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 Services Unit in:

A. Providing sufficient, verifiable information about the identity and location of the noncustodial parent(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 CSS 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 Services 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 CSS 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 CSS Unit for the purposes of establishing and enforcing child or medical support.

6.230.4 Notification [Rev. eff. 4/1/12]

The county CSS 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 CSS 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 CSS 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 CSS 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 CSS 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 CSS Unit.

6.230.6 Request for Review Through Title IV-A

When the custodial party requests a review through IV-A of the determination that he/she has failed to cooperate with the CSS Unit, the county IV-D administrator, or a designee, shall appear at the IV-A dispute resolution conference and/or state level hearings to provide information concerning the basis for the determination that the custodial party has failed to cooperate with the CSS Unit.

6.230.7 Request for Review Through Child Care Assistance Program

If a Low-Income Child Care Assistance recipient requests a review though the Child Care Assistance Program to determine whether or not she should be granted a good cause exemption from cooperation with the Child Support Services Unit, the county CSS administrator shall provide to the Low-Income Child Care Assistance Program any information in the possession of the CSS Unit which may support a good cause exemption.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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