Current through Register Vol. 47, No. 17, September 10, 2024
6.250.1
INITIATING STATE/JURISDICTION
RESPONSIBILITIES [Rev. emergency eff 4/5/13; permanent eff. 7/1/13]
County CSS Units shall ensure management of the initiating
intergovernmental CSS 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 CSS 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 CSS 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 CSS Units shall ensure management of the interstate
CSS 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 CSS
cases.
B. County CSS 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 CSS 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
CSS Services as In state Title IV-D Cases [Rev. emergency eff. 4/5/13;
permanent eff. 7/1/13]
Provide all necessary CSS 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 CSS 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 CSS 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
Services, 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.
