INCOMING INTERGOVERNMENTAL CASES

CS 201P Central Registry Responsibilities

09/86 Revised 05/24/18 Training Completed 06/07/18

42 U.S.C. 654(32)(C); 45 CFR 301.1, 302.36 and 303.7; U.C.A. 78B-14-310 and 312

 

 

Statutory Authority

 

Federal Regulations found at 45 CFR 302.36(b) require states to:

 “. . . establish a central registry for intergovernmental IV–D cases in accordance with the requirements set forth in §303.7(b) of this chapter. . .”

 

Federal Regulations found at 45 CFR 303.7(b)(1) require states to:

“. . . establish a central registry responsible for receiving, transmitting, and responding to inquires on all incoming intergovernmental IV-D cases.” 

 

U.C.A. 78B-14-310 Duties of state information agency states:

“(1) The Office of Recovery Services is the state information agency under this chapter.

(2) The state information agency shall:

(a) compile and maintain a current list, including addresses, of the tribunals in this state which have jurisdiction under this chapter and any support enforcement agencies in this state and transmit a copy to the state information agency of every other state;

(b) maintain a register of names and addresses of tribunals and support enforcement agencies received from other states;

(c) forward to the appropriate tribunal in the county in this state in which the obligee who is an individual or the obligor resides, or in which the obligor's property is believed to be located, all documents concerning a proceeding under this chapter received from another state or a foreign country; and

(d) obtain information concerning the location of the obligor and the obligor's property within this state not exempt from execution, by such means as postal verification and federal or state locator services, examination of telephone directories, requests for the obligor's address from employers, and examination of governmental records, including, to the extent not prohibited by law, those relating to real property, vital statistics, law enforcement, taxation, motor vehicles, driver licenses, and Social Security.”

 

The Office of Recovery Services/Child Support Services (ORS/CSS) Central Registry Unit (CRU) consists of the following:

 

1.                   The ORS Director;

2.                   The CSS Director;

3.                   CSS Intergovernmental Coordinator/Policy Specialist;

4.                   CSS Central Registry Unit (CRU);

5.                   CSS State Parent Locate Unit (SPLS); and,

6.                   The ORS/CSS state-wide computer system (ORSIS).

 

 

Definitions

 

1.                   Appropriate documentation – Physical copy of support order, statement of arrears, and/or paternity affidavit.

 

2.                   Central Authority: 

a.                   As defined in 45 CFR 301.1:

“. . . the agency designated by a government to facilitate support enforcement with a foreign reciprocating country (FRC). . . .”

b.                  As defined in U.C.A. 78B-14-701.5(2):

“. . . the entity designated by the United States or a foreign country described in Subsection 78B-14-102(5)(d) to perform the functions specified in the convention.” 

 

 

Central Registry Unit Responsibilities

 

1.                   Open Cases - The Central Registry Unit (CRU) receives all two-state referrals either electronically over the Child Support Enforcement Network (CSENet) or hard copy interstate forms.  All two-state referrals need to be sent to CRU to be processed.  Should a two-state referral inadvertently be sent to the wrong location, immediately forward it to the CRU to be processed. 

 

45 CFR 303.7(b)(2) states: 

“Within 10 working days of receipt of receiving the intergovernmental IV-D case, the central registry must:

(i) Ensure that the documentation submitted with the case has been reviewed to determine completeness;

(ii) Forward the case for necessary action either to the central State Parent Locator Service for location services or to the appropriate agency for processing;

(iii) Acknowledge receipt of the case and request any missing documentation; and

(iv) Inform the initiating agency where the case was sent for action.” (Emphasis added.)

 

NOTE:  CRU will add the appropriate State/Country Disbursement Unit payment FIPS code for that state to the appropriate screen in ORSIS.

a.                   Hard copy referrals – CRU is responsible for opening the case pursuant to 45 CFR 303.7(b)(2) and filing the original interstate referral in the CRU files.  If the case file does not have all of the appropriate documentation included with the interstate referral, pursuant to 45 CFR 303.7(b)(3):

“If the documentation received with a case is incomplete and cannot be remedied by the central registry with the assistance fo the initiating agency, the central registry must forward the case for any action that can be taken pending necessary action by the initiating agency  (Emphasis added.)

 

CRU will determine the case type and take the next appropriate action, as follows:

i.                     Establish an Order – CRU will open the case on ORSIS.  If the transmittal and required documentation and/or paperwork is not received, the case is still forwarded to the appropriate team for the next pending action pursuant to 45 CFR 303.7(b)(3).

 

NOTE:  The team is responsible to monitor the case for the required documentation and/or paperwork, as well as any necessary follow-up, as needed.

ii.                   Paternity Establishment – CRU will hold the case in intake function for 10 working days (from the date of the initial referral), pending receipt of the physical paternity affidavits.  If the paternity affidavits are not received within 10 working days, CRU will generate and send the Incoming Interstate: Case Closure form to the initiating agency.  The form notifies the initiating agency to send the paternity affidavits within 60 days or the case will be closed.  If the initiating agency does not respond, CRU will close the case.  

iii.                  Collections – CRU will hold the case in intake for 10 working days (from the date of the initial referral), pending receipt of a physical copy of the support order and/or a statement of arrears.  If the appropriate documentation is not received within 10 working days, CRU will generate and send the Incoming Interstate: Case Closure form to the initiating agency.  This form notifies the initiating agency to send a physical copy of the order and/or a statement of arrears within 60 calendar days or the case will be closed.  If the other state does not respond, CRU will close the case. 

 

If the paper documentation is received, CRU will load the current support and arrears debt(s) on ORSIS based on the amount listed in the physical copy of the order and/or the statement of arrearages.  If the referral is for arrears only with no current support due, CRU will load the arrears only debt but not use retro-calculation. 

iv.                 Enforcement – CRU will hold the case for up to 10 working days pending receipt of a physical copy of the support order and/or a statement of arrears.  If the appropriate documentation is not received within 10 working days of the initial referral, CRU will generate and send the Incoming Interstate: Case Closure form to the initiating agency.  This form notifies the initiating agency to send a physical copy of the order and/or a statement of arrears within 60 days or the case will be closed.  If the other state does not respond, CRU will close the case.

v.                   Modification-Only Request – CSS only provides full services.  If CRU receives a request for modification-only, or any other specific service (e.g., paternity-only), CRU will contact the initiating agency and determine if the initiating agency wants full services.  If the other state:

A.                  Requests full services – CRU will:

I.                    Open a full services case on ORSIS; and,

II.                  Add a case narrative indicating that the initiating agency is requesting a modification.

B.                  Declines full services – No case will be opened on ORSIS.  CRU will send the Full Services Letter to the initiating agency with the appropriate District Court information for filing per the Uniform Interstate Family Support Act (UIFSA). 

 

EXCEPTION:  If the initiating agency contests, CRU will open a modification-only case on ORSIS.

 

NOTE:  If the initiating state provides the custodial parent’s (CP) address on the intergovernmental referral, CRU will add the address to the appropriate screen.  However, if the other state includes a non-disclosure order with the referral for either parent, CRU will add a “Y” (Yes, Safeguard) to the appropriate field.  

b.                  CSENet Referrals – All CSENet referrals are electronically sent to CSS via CSENet.  Pursuant to 45 CFR 303.7(b)(3):

“If the documentation received with a case is incomplete and cannot be remedied by the central registry without the assistance of the initiating agency, the central registry must forward the case for any action that can be taken pending necessary action by the initiating agency.” 

 

NOTE:  The CRU senior agent will complete the paternity review for each child on all incoming intergovernmental cases.  If the other state does not provide sufficient information to complete this review, CRU will send the Interstate:  Progress Report form or a CSENet transaction to the initiating state requesting the additional information.  Incoming intergovernmental cases will not be held on the CRU team beyond the timeframes discussed above.  Instead, CRU will maintain a manual call-up for all incoming intergovernmental cases that require additional information to complete the paternity review and will complete the review when the information is received.

 

2.                   Open International Cases – On incoming international cases, CRU will code ORSIS to prevent it from charging payment processing fees and the annual $25,00 user collection fee as per federal law.  In regard to providing child/spousal support services on international cases, Section 654(32)(C) of the Social Security Act (42 USC 654(32)(C)) states that:

“. . . no costs will be assessed for such services against, the foreign reciprocating country, foreign treaty country, or foreign individual (but costs may at State option be assessed against the obligor) . . . .”

 

45 CFR 303.7(e)(2) states:

“ . . . a IV-D agency may not recover costs from an FRC or from a foreign obligee in that FRC, when providing services under sections 454(32) and 459A of the Act.”   

 

3.                   Request for Redirect - CRU is responsible for all requests for a redirect.  If CRU receives a request for a redirect, the responsible individual will review ORSIS to determine if there is an existing case or cases (multiple cases for the same child(ren)) on ORSIS and take the appropriate action as follows.

a.                   No existing case on ORSIS – If there is not a case on ORSIS, CRU will:

i.                     Open the case on ORSIS;

ii.                   Add a current support (CRS) debt; and,

b.                  Existing case on ORSIS – If there is an existing case on ORSIS, CRU will:

i.                     Contact the responsible agent/senior agent for the team and ask that the CRS debt be ended for that case;

ii.                   open a new incoming intergovernmental case;

iii.                  Add a current support debt (after the current support debt has been ended on the existing case).

 

4.                   Locate-Only – CRU is responsible for locate-only requests.

a.                   Incoming – The State Parent Locator Service (SPLS) Team is responsible for all locate-only referrals, both electronic (CSENet) and hard copy (manual).  An incoming locate-only request (quick-locate) is worked by SPLS and is not considered an official intergovernmental case.  Therefore, it is not subject to federal performance standards. The locate searches may be performed using:

i.                     The Federal Parent Locate Services (FPLS); and,

ii.                   Any applicable state locate resources to find the non-custodial parent (NCP) and the NCP’s non-exempt property in Utah.  For example:

A.                  Criminal records;

B.                  Driver license;

C.                  Workforce Services;

D.                  Unemployment; and,

E.                   Wage reporting.

b.                  Outgoing – The SPLS is responsible for all hard copy (Non-CSENet) quick-locate referrals to another state.  CSS teams must submit these quick-locate referrals to SPLS on the Child Support Locate Request form.  All CSENet quick locate referrals are sent by the CSS teams.

                               

5.                   Federal Tax Administrative Review requests.  Federal tax reviews must be conducted in the state that issued the support order.  If a request for Federal Tax Administrative Review is made through CSENet or on a Child Support Enforcement Transmittal #1 – Initial Request form and there is no case open on ORSIS, CRU will forward the request to the Appropriate CSS Quality Assurance Specialist.

 

6.                   Maintain Local/Foreign Country Tribunal Address Listings - CRU creates and maintains a current address listing of all:

a.                   UIFSA tribunals in the state of Utah (including CSS); and,

b.                  Foreign countries.

 

7.                   Maintain Other State Tribunal Address Listings - CRU maintains a current address listing on ORSIS for all of the tribunals in initiating agencies/countries.

 

8.                   Case Status request.  If the CRU receives a request for case status, the CRU manager must complete the following steps within 5 working days:

a.                   Locate the case;

b.                  Ensure it is receiving adequate attention and all unresolved issues are being addressed; and,

c.                   Respond to the initiating agency.  Even if it is just to inform the other state that the request has been forwarded to the assigned team (if the team has not already responded to the initiating agency).

 

Pursuant to 45 CFR 303.7(b)(4):

“The central registry must respond to inquires from initiating agencies within 5 working days of receipt of the request for a case status review.” 

 

9.                   Request for order and payment history – If a request is received from a state IV-D agency for a copy of an order and/or payment history for a determination of a controlling order (DCO) and reconciliation of arrears (ROA), CRU must provide the information to the other state within 30 working days of the request or notify the other state when the information will be provided pursuant to 45 CFR 303.7(a)(6):

“Within 30 working days of receiving a request, provide 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 state IV-D agency when the information will be provided.”

 

10.               Limited services requests - CRU is responsible for handling all incoming lien-levy only requests sent to the office from an initiating agency.  CRU will open a collection case, load the obligation, generate and send the lien-levy, monitor for payment, and then close the case.  Other examples of limited services requests include, but are not limited to, certified copies of orders, financial data on the obligor, assistance with genetic testing, unemployment intercepts, etc.

 

 

Non-IV-D Requests

 

CSS may only work incoming intergovernmental cases, which are designated as IV-D (versus Non-IV-D) cases.  Title IV-D of the Social Security act defines Non-IV-D CPs as those who do not fall into any of the following categories of IV-D CPs:

 

1.                   Current IV-A or Medicaid recipients whose support rights have been assigned to the state;

 

2.                   Former IV-A or Medicaid recipients receiving continuing services from a IV-D child support agency; or,

 

3.                   Those who have never received IV-A or Medicaid assistance, but have signed an application for IV-D child support services.

 

If CSS receives an intergovernmental referral for Non-IV-D services and full IV-D support services are not specifically requested, CRU is responsible to ask the individual if s/he wants full IV-D services.  If the individual wants full services, CRU will send an application packet to the individual.  Once the signed application and all accompanying documents have returned and been imaged, CRU will open the case on ORSIS. 

 

If full IV-D services are declined, CRU will return the referral to the individual requesting Non-IV-D services and instruct the individual to file the request for Non-IV-D services with the appropriate district court.

 

 

Foreign Treaty Country Cases – Responsibilities

 

CRU must review all incoming applications and supporting documentation from foreign treaty countries (FTCs) (referred to as “States” under the Convention) for Convention Cases processed under Article 7 of UIFSA and determine whether the application is complete and enforceable (fully or partially), or whether ORS will be unable to process the application (refused). 

 

Within 10 business days of receipt of an application from a requesting State (FTC), CRU must acknowledge receipt of the application by completing and sending the Acknowledgement Form under Article 12(3) (form QXRA) to the requesting State.  CRU must notify the requesting State of the initial actions that have been taken and indicate whether the application is complete or if any additional documents are required to fully process the application.  If the decision is made to refuse the application, CRU must acknowledge this on the Acknowledgement Form under Article 12(3) form and provide the reason(s) for the refusal. 

 

NOTE:  Under the Convention, the timeframe for returning the Acknowledgement form is six weeks from receipt of the application.  Because of this, on outgoing cases, the requested State has the entire six weeks to provide the form to ORS.

 

After CRU has reviewed the incoming application and a case has been opened:

 

1.                   If the request is for enforcement of an order, CRU must load the debts.  Convert the foreign support amount to the equivalent amount in U.S. Dollars (USD) in accordance with U.C.A. 78B-14-305(6) and load the debts according to the documents received. 

 

2.                   If the application is for enforcement of an order that was issued or has been registered in Utah, after the debts have been loaded according to the application received, manually transfer the case to the appropriate team; or,

 

3.                   If the application is for recognition or recognition and enforcement of a foreign order that has not been registered in Utah, take the necessary steps to prevent automatic enforcement and automatic generation of notices.  Foreign orders (that have not been registered in Utah) received under the Convention must be registered in Utah prior to taking any enforcement actions or sending out any documents (other than the Annual Notice of Past-due Child Support form).

 

4.                   Once the case has been opened and the debts have been loaded (when applicable), CRU must manually assign all new Convention cases to the appropriate International Convention (INTC) team.