Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: The purpose of this rule is to define those
expenditures for which the Family Support Division will provide federal
financial participation through reimbursement and also to provide, in certain
instances, criteria or prerequisites for claiming that
reimbursement.
PUBLISHER'S NOTE: The secretary of state has
determined that the publication of the entire text of the material which is
incorporated by reference as a portion of this rule would be unduly cumbersome
or expensive. This material as incorporated by reference in this rule shall be
maintained by the agency at its headquarters and shall be made available to the
public for inspection and copying at no more than the actual cost of
reproduction. This note applies only to the reference material. The entire text
of the rule is printed here.
(1) Definitions. As used in this regulation-
(A) Division means the Family Support
Division;
(B) State agency means
the Missouri Department of Social Services; and
(C) Director means the person serving as
director of the Missouri Family Support Division.
(2) Cooperative Agreements. To qualify for
federal financial participation, a city or county must have entered into a
cooperative agreement with the division. Under section
454.405,
RSMo, the director shall offer cooperative agreements to city or county
governing bodies or officers, including, but not necessarily limited to,
circuit courts, circuit clerks, and prosecuting attorneys. Federal financial
participation shall be available for costs incurred as of the first day of the
calendar quarter in which a cooperative agreement or amendment is signed by all
parties, provided the party claiming reimbursement files timely and proper
claims. The division shall set the standards where claims for reimbursement are
deemed timely and properly filed. Cooperative agreements shall provide, at a
minimum, for-
(A) The governing body of the
city or county to hire additional investigative, clerical, and/or secretarial
staff needed to fulfill its responsibilities assumed under the agreement or, if
the city or county is a participant in a multiple-county agreement, to
participate in the cost of this additional staff;
(B) The city or county, upon the prosecuting
attorney's recommendation, to hire additional assistant prosecuting attorneys
needed to fulfill its responsibilities assumed under the agreement or, if the
city or county is a participant in a multiple-county agreement, to participate
in the cost of attorneys retained for that purpose;
(C) The city or county to furnish office
space and other administrative requirements needed to fulfill its
responsibilities assumed under the agreement or, if the city or county is a
participant in a multiple-county agreement, to participate in the costs of
office space and other administrative requirements;
(D) The division to reimburse the county at
the applicable federal rate from monies received from the federal government
for reasonable and necessary costs, as determined by the director, associated
with the establishment and enforcement of support obligations by the city or
county or, if applicable, the multiple-county unit; and
(E) The city or county or, if applicable, the
multiple-county unit to maintain financial and performance records required by
federal regulation. The city or county or multiple-county unit is required to
make these records available for inspection to representatives of the state
agency, the state auditor, or the United States Department of Health and Human
Services.
(3) Activities
for Which Federal Funds are Available. Federal funds are available at the
applicable rate for reasonable and necessary costs, as determined by the
director, for the following activities:
(A)
Establishment of paternity upon referral from the division. Reimbursable
activities include reasonable and necessary attempts to determine the identity
of the child's father, such as investigation; the development of evidence,
including the use of blood tests; pre-trial discovery; court proceedings or
other actions necessary to establish paternity under procedures established by
state statutes or regulations having the effect of law; and referral of cases
to other states' child support enforcement agencies to establish paternity,
when necessary;
(B) Establishment
and enforcement of support obligations upon referral from the division. These
activities include investigation, development of evidence, and, when
appropriate, bringing court actions; determination of child support obligation
amounts, including the development of information that is needed for financial
assessments; establishment of medical support obligations when they will not
reduce absent parents' abilities to pay current child support; referral of
cases to other states' child support enforcement agencies to establish child
support obligations when necessary; enforcement of child and spousal support
obligations, including those activities associated with collection and
enforcement of court orders, issuance of warrants, wage withholding or other
civil or criminal actions, as necessary; investigation and prosecution of fraud
related to child and spousal support; and defense of modification proceedings
and other legal actions related to support obligations that have been assigned
to the state under section
208.040,
RSMo, or that the division is enforcing under section
454.425,
RSMo;
(C) Collection, recording,
and disbursement of child and spousal support collections under sections
454.415
and
454.430,
RSMo, including collections made for other states' child support enforcement
agencies;
(D) Establishment and
maintenance of case records as required by federal regulations and the
division;
(E) Activities related to
requests for certification of collection of support delinquencies by the
secretary of the treasury under
45
CFR 303.71;
(F) Reasonable and essential short-term
training of court and law enforcement staff assigned on a full- or part-time
basis to child support enforcement activities, provided that prior written
approval is obtained from the director;
(G) Necessary travel expenses relating to the
performance of reimbursable child support enforcement activities, provided that
prior approval for out-of-state travel is obtained from the director. The same
spending limitations that the division imposes on its employees for subsistence
and other expenses will apply to county and court staff claims;
(H) Expenses related to indirect costs, as
provided in the Office of Management and Budget Circular A-87;
(I) Activities directly related to the
successful completion of referred cases; and
(J) Activities that have received prior
approval for reimbursement by the division.
(4) Activities for Which Federal Funds Are
Not Available. Federal funds are not available for the following activities:
(A) Service of process fees, court filing
fees, and other court costs unless the court or law enforcement agency normally
would be required to pay these costs. These costs include deposits or other
filing fees, court fees, library fees, fees for making copies of documents,
fees for certified copies of documents, guardian ad litem
fees, and fees for appointed counsel;
(B) Compensation costs (salary and fringe
benefits) for judges;
(C) Travel
and training costs that judges incur, if related to the judicial determination
process;
(D) Office-related costs,
such as space, equipment, furnishings, and supplies, that judges
incur;
(E) Compensation (salary and
fringe benefits), travel and training, and office-related costs that judges'
administrative and support staffs incur;
(F) Costs associated with the processing of
interstate referrals which a county receives directly from other states' child
support enforcement agencies. Upon receipt, counties must forward referrals to
the division's Interstate Collections Unit. Costs associated with interstate
cases become reimbursable only upon referral from the division;
(G) Costs associated with otherwise
reimbursable activities in the absence of adequate documentation as required by
the division or by federal regulations;
(H) Costs of arrest and incarceration when no
purchase of service agreement exists;
(I) Costs associated with construction and
major renovations;
(J) Costs of
space rental in publicly owned buildings;
(K) Personnel expenses for employees whose
wages or salaries are paid for with other federal funds not eligible as match
for IV-D funds;
(L) Any costs that
a parent reimburses through fees or payments, including interest earned on
undisbursed child support payments and recovered blood testing costs;
and
(M) Educational and training
programs and educational expenditures, except direct costs of short-term
training as allowed by federal regulations and with the division's prior
approval.
(5) Additional
Criteria or Prerequisites for Claiming Certain Reimbursable Expenses.
(A) Rent. The director's written approval
shall be required for participation in the cost of rent in the private sector.
Counties can claim these costs only if public space is unavailable; the county
actually incurs the expense by the actual expenditure of county general
revenue; the county also participates in the rent costs for private space in
which other public work is conducted; and rental costs claimed do not exceed
the market value established in the community by competitive bid. When rent is
paid to a county official, the county shall provide documentation of compliance
with sections
105.454(2)
and (3), RSMo.
(B) Blood Testing Costs. Costs of blood tests
used to establish paternity are reimbursable at the applicable rate for federal
financial participation. The prosecuting attorney shall seek recovery of blood
testing costs from the putative parent. When collected, the recovery costs must
be shared with the division, at the same applicable rate, as a credit to
current claims or remitted by check to the director.
(C) Travel and Subsistence. In those
instances where county subsistence maxi-mums are less than state maximums,
these costs can be claimed only up to the maximum cost actually incurred by the
county.
(D) Equipment Purchases.
Equipment, for the purpose of this rule, is nonexpendable personal property
with an initial cost of twenty-five hundred dollars ($2,500). Reimbursement for
equipment shall be available only through straight-line depreciation. The
depreciation claimed will be based on the Internal Revenue Service's Table of
Class Lives and Recovery Periods set forth in Publication 946, How to
Depreciate Property, dated 2007, which is incorporated herein by reference. A
copy of the information may be obtained from the Internal Revenue Service, 3702
W. Truman Blvd., Jefferson City, MO 65109, any local Internal Revenue Service
office, or at their website, http://www.irs.gov/form-spubs/index.html. The
reference material does not include any later amendments or additions. To claim
depreciation in the purchase of equipment with an initial cost of twenty-five
hundred dollars ($2,500) or more, the county must request and receive (in
writing) the director's prior approval for federal financial participation in
the cost of equipment. The director will not grant retroactive approval. The
county will claim depreciation annually after the first full year of
use.
(E) Clerical Staff Time. For
any clerical employee who is compensated for both IV-D and non-IV-D related
activities, the clerical employee must maintain detailed daily time records
supporting personnel costs claimed, including IV-D case name, actual time, and
specific activity; or in place of this requirement, the employee may claim IV-D
time at the same ratio as the documented time of the professional(s) for which
the clerical position provides support.
(F) Interest. Interest earned on county bank
accounts containing funds collected for IV-D-child support cases must be
remitted monthly to the state, by check, for distribution to state general
revenue and federal funds.
(G)
Reimbursable Activities in Prosecutors' Offices. Activities eligible for
reimbursement for employees who are compensated for both IV-D- and
non-IV-D-related activities in counties are those activities directly related
to establishment or enforcement of orders for payment of child support in Title
IV-D cases. Review of the case file is reimbursable only when- 1) As a result
of the review, some establishment or enforcement action is taken and time
claimed for those actions is claimed concurrent with the time claimed for
review; or 2) It is determined by the prosecuting attorney that no action
should be taken and the case is returned to the division. The review shall be
claimed in the same month the resulting establishment or enforcement action is
taken or in the same month the case is returned to the division.
(H) Timely Claims for Reimbursement. All
reimbursement claims must be submitted for payment no later than ninety (90)
calendar days after the close of the calendar month for which IV-D
reimbursement is claimed. Untimely claims submitted shall not be paid unless
written waiver is granted by the director. This waiver may not extend the time
for filing initial primary (regular) claims for more than thirty (30) calendar
days.
(I) Supplemental claims for
overhead and operating costs may be submitted beyond ninety (90) days provided
the original primary (regular) claim for the month for which the supplemental
is claimed was filed within the required time frame.
*Original authority: 454.400, RSMo 1982, amended 1985,
1986, 1990, 1993, 1995, 1997.