CS APPENDIX T-p

Federal Performance Standards for IV-D Child Support

Revised 09/02/04 Training Completed 10/06/04                 

 

This document is a brief summary of some of the federal requirements for the IV-D program as indicated in 45 CFR Part 303 STANDARDS FOR PROGRAM OPERATIONS. It also includes additional federal requirements of Parts 302.32 and 308. Utah’s IV-D cases are reviewed annually as required by 45 CFR 308 to determine compliance to Part 303 program requirements. For most areas, to achieve “substantial compliance”, 75% of the cases must meet the federal requirements listed below.  There are several exceptions: For Case Opening and Case Closure, 90% of the cases must meet the requirements to achieve “substantial compliance”; and for Expedited Process, 75% of the orders must be established within 6 months of service of process and 90% must be established within 12 months.

 

Additionally, while 45 CFR 308 sets forth the review of the timeframe criteria it also provides that a case meets the minimum program requirement if the result was achieved during the review period. This provision applies to the program areas for each of the cites marked with CFR 308.2 and is reflected in the annual federal Self Assessment Review. However, if the required result was achieved during the review period but not within the federal timeframes, the case will not meet the timeframes requirement listed below.  For example, if an order is successfully established during the 12 month review period but within the 90-day timeframe for paternity and support order establishment (see below), service of process was not completed (or in the alternative, unsuccessful attempts to serve process were not documented), the case will pass for purposes of the federal Self Assessment Review but will fail federal timeframes. 

 

 

 

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CASE OPENING

CFR 303.2(a)(2)

CFR 305.63(b)

Requests for IV-D Child Support Services.  When an individual requests a Non IV-A application for child support services, provide appropriate child support forms in accordance with CS 100 to the individual on the day the individual makes a request in person, or send the forms to the individual within 5 business days of a written or telephone request.  When an individual applies for IV-A or Medicaid assistance, provide appropriate child support forms in accordance with CS 100 to the individual within 5 business days of receipt of a referral from the referring agency.

CFR 303.2(b)

CFR 305.63(b)

CFR 308.2

Case Opening Standards for Paternity and Support Order Establishment.  A case must be opened within 20 calendar days of receiving notice (PACMIS referral or filing of an application).  For the federal Self Assessment Review, if an order for support is required and established during the review period, the case meets the requirement and passes the Paternity and Support Order Establishment objective

CFR 303.2(b)

CFR 305.63(b)

CFR 308.2

Case Opening Standards for Enforcement of Orders.  A case must be opened within 20 calendar days of receiving notice (PACMIS referral or filing of an application).  For the federal Self Assessment Review, if income withholding was appropriate and a withholding collection was received during the last quarter of the review period or if income withholding was not appropriate and a collection was received during the review period and the case was submitted for Federal and State income tax refund offset (if appropriate), the case meets the enforcement requirement and passes the Enforcement objective.

CFR 303.2(b)

CFR 305.63(b)

CFR 308.2

Case Opening Standards for Review and Adjustment of Orders. A case must be opened within 20 calendar days of receiving notice (PACMIS referral or filing of an application.  For the federal Self Assessment Review, if a case has been reviewed and meets the conditions for adjustment under State law and procedures and CFR 303.8 and the order is adjusted or a determination is made as a result of a review during the review period that an adjustment is not needed in accordance with the State’s guidelines for setting child support awards, the case meets the requirement and passes the Review and Adjustment objective.

 

 

 

 

 

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PATERNITY AND SUPPORT ORDER ESTABLISHMENT

CFR 303.4(d)

CFR 305.63(b)

CFR 308.2

Paternity and Support Order Establishment.  Establish paternity, if necessary, and a support order or complete service of process within 90 days (or document unsuccessful attempts to serve process) of locating the alleged father or non-custodial parent.  For the federal Self Assessment Review, if an order for support is required and established during the review period, the case meets the requirement and passes the Paternity and Support Order Establishment objective. This situation identifies a case being reviewed as an Action Case and no review is made of the timeframe criterion for opening a case or locating the case’s non-custodial parent.  When a case is determined not to be an Action Case, these criterion are applicable to the audit results and are reviewed.

CFR 303.101(b)(2)(i)

Expedited Process (Support Order Establishment).  From the date of service support order establishment (regardless of whether paternity has been established) must be completed within the following timeframes: (A) 75% in 6 months; and (B) 90% in 12 months.

CFR 303.101(b)(2)(iii)

 

Long-arm.  In cases where the agency uses long-arm jurisdiction and disposition occurs within 12 months of service of process on the alleged father or non-custodial parent, the case may be counted as a success for the 6-month standard.

CFR 303.3 (b)(3)

CFR 305.63(b)

Location of Non-custodial Parent.  Research all appropriate locate sources within 75 calendar days from the date location is determined to be necessary.  If an order was not established during the review period, at a minimum, use all of the following locate sources as appropriate:  Custodial parent, FPLS, U.S. Postal Service, DWS employment information, DMV, and credit bureaus.

CFR 303.3(b)(5)

CFR 303.3(b)(3)

CFR 305.63(b)

 

Repeat location attempts quarterly and when new information is received.  Quarterly attempts may be limited to automated sources, but must include accessing DWS employment information.  Repeated attempts because of new information must be made within 75 calendar days of receiving new information.  For the federal Self Assessment Review, if an order for support is required and established during the review period, the case meets the requirement and passes the Paternity and Support Order Establishment objective.

 

 

 

 

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ENFORCEMENT

CFR 303.3(b)(3)

CFR 305.63(b)

CFR 308.2

Research all appropriate locate sources within 75 calendar days from the date location is determined to be necessary.  At a minimum, use all of the following locate sources as appropriate: Custodial parent; FPLS, U.S. Postal Service, DWS employment information, DMV, and credit bureaus, and quick locate in other States.   For the federal Self Assessment Review, if income withholding was appropriate and a withholding collection was received during the last quarter of the review period or if income withholding was not appropriate and a collection was received during the review period and the case was submitted for Federal and State income tax refund offset (if appropriate), the case meets the enforcement requirement and passes the Enforcement objective.

CFR 303.3(b)(5)

CFR 303.3(b)(3)

CFR 305.63(b)

CFR 308.2

Repeat location attempts quarterly and when new information is received.  Quarterly attempts may be limited to automated sources, but must include accessing DWS employment information.  Repeated attempts because of new information must be made within 75 calendar days of receiving new information.  For the federal Self Assessment Review, if income withholding was appropriate and a withholding collection was received during the last quarter of the review period or if income withholding was not appropriate and a collection was received during the review period and the case was submitted for Federal and State income tax refund offset (if appropriate), the case meets the enforcement requirement and passes the Enforcement objective.

CFR 308.2(c)(3)(iv) (A) and (B)

CFR 305.63(b)

Income Withholding.   Send an income withholding notice to an employer within 2 business days of State Directory of New Hire information being reported to ORS/CSS, and within 2 business days of receipt of notice of an income source subject to withholding from a court, another State, an employer, the FPLS or another verified source recognized by the State. The 2 day time period begins as of the date the employer information is verified and entered either automatically or manually on the CSS computer system.   For the federal Self Assessment Review, if a withholding collection was received during the last quarter of the review period and the case was submitted for Federal and State income tax refund offset (if appropriate), the case meets the enforcement requirement and passes the Enforcement objective.

CFR 303.6(c)(2)

CFR 305.63(b)

CFR 308.2

Enforcement Action.  Take an appropriate enforcement action (when income withholding is not appropriate) within 30 or 60 calendar days (60 days if process service is necessary) from the date the obligor is determined to be delinquent or located, whichever occurs later.  Document unsuccessful attempts of process service.  For the federal Self Assessment Review, if income withholding was not appropriate and a collection was received during the review period and the case was submitted for Federal and State income tax refund offset (if appropriate), the case meets the enforcement requirement and passes the Enforcement objective.

CFR 303.6(c)(3) CFR 303.102

Tax Offset.  If appropriate, submit cases with arrearages for federal and state tax offset once a year.

 

 

 

 

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DISBURSEMENT OF COLLECTIONS ( Sec 454b of PRWORA)

CFR 302.32

42 USC 654B( c)(1)

CFR 305.63(b)

CFR 308.2

Disbursement of Collections.  Effective October 1, 1998. This criterion is reviewed for the last collection received during the last quarter of the review period. State and federal tax offset collections are excluded. If the case was closed during the review period the last appropriate quarter will be reviewed.  The payment must be disbursed within 2 business days after receipt of payment by the State Disbursement Unit (accounting) if sufficient information identifying the payee is provided.

 

 

 

 

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REVIEW AND ADJUSTMENT

CFR 303.8(e)

CFR 305.63(b)

CFR 308.2

Review and Adjustment of Child Support.   Within 180 calendar days of receiving a request for a review, or locating the non-requesting parent, whichever occurs later, conduct a review of the order and adjust the order or determine that the order should not be adjusted.  For the federal Self Assessment Review, if a case has been reviewed and meets the conditions for adjustment under State law and procedures and CFR 303.8 and the order is adjusted or a determination is made as a result of a review during the review period that an adjustment is not needed in accordance with the State’s guidelines for setting child support awards, the case meets the requirement and passes the Review and Adjustment objective.

CFR 303.3(b)(3)

CFR 305.63(b)

CFR 308.2

Location of Non-custodial Parent.  If locate is necessary to conduct a review, research all appropriate locate sources within 75 days from the date location is determined to be necessary.  At a minimum, use all of the following locate sources as appropriate:  Custodial Parent, FPLS, U.S. Postal Service, DWS employment information, DMV, credit bureaus, and quick locate in other states.  For the federal Self Assessment Review, if a case has been reviewed and meets the conditions for adjustment under State law and procedures and CFR 303.8 and the order is adjusted or a determination is made as a result of a review during the review period that an adjustment is not needed in accordance with the State’s guidelines for setting child support awards, the case meets the requirement and passes the Review and Adjustment objective.

42 USC 666(A)(10)( C)

CFR 303.8(b)(2)

CFR 308.2

Notice Parents of Right to Request Review.  Not less than once every three years, notify each parent subject to a child support order in the state of the right to request a review of the order and, if appropriate, adjust the order, and the appropriate place and manner in which the request should be made.  For the federal Self Assessment Review, if a case has been reviewed and meets the conditions for adjustment under State law and procedures and CFR 303.8 and the order is adjusted or a determination is made as a result of a review during the review period that an adjustment is not needed in accordance with the State’s guidelines for setting child support awards, the case meets the requirement and passes the Review and Adjustment objective.

 

 

 

 

 

 

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SECURING AND ENFORCING MEDICAL SUPPORT ORDERS

CFR 303.30

CFR 303.31

42 USC 666(a)(19)

CFR 308.2

Establish Order Process.  When establishing a child support order, include a medical support provision.  If this is not possible, ensure that a request for a medical support provision was included in the petition for support to the court or the NAA under UAPA.   Gathering and Providing Insurance Information: If available at the time of case opening or establishment of an order, obtain the non-custodial parent’s health insurance policy name; number and names of person(s) covered and provide this information to the Medicaid agency or the Non IV-A applicant/recipient of child support services.

CFR 303.31(b)(7)

CFR 303.32

CFR 308.2

Enforcement Process.  If employer-based health insurance is available to the non-custodial parent at reasonable cost, and has not been obtained at the time the order is entered, take steps using the National Medical Support Notice (NMSN) to enforce the health insurance coverage required by the support order and provide the Medicaid agency or Non IV-A applicant/recipient of child support services with the information.

CFR 303.31(b)(9)

Notification of Lapses.  Request employers offering health insurance coverage that is being enforced by the IV-D agency to notify the IV-D agency of lapses in coverage.

CFR 302.32

CFR 308.2(e)(7)

42 USC 666(a)(19)

Send a National Medical Support Notice (NMSN).  Within 2 business days of receiving new hire information from the State Directory of New Hires (SDNH) send a NMSN to the employer.

 

 

 

 

 

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INITIATING INTERSTATE CASES

CFR 303.7(b)(2)

CFR 308.2

 

Initiating Interstate Cases.   If unable to utilize in-state remedies in a case where the non-custodial parent (NCP) is out-of-state, and you determine the case should be worked by the IV-D agency in the state where the NCP resides ("two-state" action), make a referral to the responding state within 20 calendar days of the date it is determined that a two-state action is appropriate.  Include in the referral any necessary information needed to process the case.

CFR 303.7(b)(4)

CFR 308.2

Provide Requested Information.  Within 30 calendar days of receipt of the request for information, provide the responding state with the additional information.

CFR 303.7(b)(5)

CFR 308.2

Provide New Information.  Notify the responding state of new information obtained on the case within 10 working days.

CFR 303.7(b)(6)

CFR 308.2

Request for Review/Adjustment.  Within 20 calendar days after receiving a request for review and adjustment, take the appropriate action under UIFSA.

 

 

 

 

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RESPONDING INTERSTATE CASES

CFR 303.7(c)(9)

CFR 308.2

Provide New Information.  Notify the initiating state of new information within 10 working days of receipt of new information.

CFR 303.7(c)(5) and

CFR 308.2

Forward Case Within State.  Within 10 working days of locating the non-custodial parent in a geographical area within Utah that is covered by a different local office, forward the case to the appropriate local office and notify the initiating State and central registry of this action.

CFR 303.7(c)(6)

Forward Case to Different State.  Within 10 working days of locating the non-custodial parent in a different State:

a.  Return the interstate referral form and documentation, including the non-custodial parent’s new location, to the initiating State, or, if directed by the initiating State, forward the interstate referral form and/or documentation to the central registry in the State where the non-custodial parent has been located; and

b.  Notify the central registry where the case has been sent.

42 UCS 654B(c)(1)

CFR 308.2

Forward Payments.  Within two business days of receipt of collections, forward any support payments to the initiating State.

CFR 303.7(a) (2)

CFR 308.2

Central Registry Responsibilities:  Within 10 working days of receipt of an interstate IV-D case, the central registry must:

a.  Review submitted documentation for completeness;

b.  Forward the case to the State PLS for locate or to the appropriate team for processing;

c.  Acknowledge receipt of the case and request any missing documentation from the initiating State;              and

d.  Inform the IV-D agency in the initiating State where the case was sent for action (State PLS or           Team #).

CFR 303.7(a)(4)

CFR 308.2

Central Registry Response to Request for Case Status Review.  The central registry must respond to inquiries from other states within 5 working days of receipt of the request for a case status review.

 

 

 

 

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CASE CLOSURE

CFR 303.11

CFR 305.63(b)

CFR 308.2

Case Closure.  If a IV-D case was closed during the review period, determine whether the following requirements were met:

One or more Federal case closure criteria were applicable.

60-day notice was sent, when appropriate.