Tracking# 2011-00373
FA/E 8/5/11, eff. 10/1/11

(Former emergency# 2011-00460; 
adopted 7/8/11, eff. 8/10/11)

I:/11040802.rtf
I:/11040802.doc 

(9 CCR 2504-1)

[Instructions: insert before line 1782283.] 
Revisions to Sections 6.207-6.207.4, 6.250.18, 6.250.25-6.250.26, 6.250.3, 6.260.51, 6.600.11, 6.600.13, 6.601.2-6.601.32, 6.602.1, 6.603.1, 6.603.3, and 6.714.1-6.714.4 were final (permanent) adoption at the 8/5/2011 State Board meeting, with an effective date of 10/1/2011 (Rule-making# 11-4-8-2). Statement of Basis and Purpose and specific statutory authority for these revisions were incorporated by reference into the rule. These materials are available for review by the public during normal working hours at the Colorado Department of Human Services, Division of Boards and Commissions, State Board Administration. 

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[Instructions: replace lines 2219463 through 2219468.] 
6.207  Enforcing County for Responding Interstate Cases [Rev. eff. 10/1/11] 
Responding interstate cases are IV-A or non-IV-A cases received from a jurisdiction outside Colorado requesting Child Support Enforcement services because the noncustodial parent resides, is employed or derives income in Colorado. 
A.  If there is no open enforcing county designation, the responding interstate action will be forwarded to the county where a Colorado order has been entered or a foreign order registered that involves the same obligor and children. 
B.  If there is no open enforcing county designation and no previous Colorado order or registration of a foreign order, a responding interstate action will be forwarded to the county of the noncustodial parent's place of residence. 
C.  If there is no open enforcing county designation, no previous Colorado order or registration of a foreign order, and a noncustodial parent's residential location cannot be identified or verified, a responding interstate action will be forwarded to the county of the noncustodial parent's place of employment. 
D.  If there is no open enforcing county designation, no previous Colorado order or registration of a foreign order, and a noncustodial parent's residential and employment location cannot be identified or verified, a responding interstate action will be put into sixty (60) day closure by the interstate unit. It will be returned to the initiating state if the obligor’s residence or employment cannot be verified in Colorado within that time frame. However, if the interstate action was received from a foreign country, it will be forwarded to the county of the noncustodial parent's last known place of residence, if one was provided, or county of last known employment. 

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[Instructions: replace lines 2219469 through 2219470.] 
6.250.18  [Rev. eff. 10/1/11]
Notify the responding state when a case is closed and the reason for closure. 

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[Instructions: replace lines 2219471 through 2219478.] 
6.250.25  County of Residence [Rev. eff. 10/1/11] 
If the noncustodial parent is located in another county within ten (10) working days of receipt of the interstate case, the case shall be moved to the county of the noncustodial parent’s residence unless: 
A.  The county was the open enforcing county prior to the interstate referral; or, 
B.  The county has registered a foreign order; or, 
C.  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. 
6.250.26  [Rev. eff. 10/1/11]
Within ten (10) working days of locating the noncustodial parent in another state, the CSE Unit will notify the initiating state of the new address. At the direction of the initiating state, the case may be closed or the case may be forwarded to the appropriate Central Registry in the noncustodial parent's state of new location. 

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[Instructions: replace lines 2219479 through 2219482.] 
6.250.3  Payment and Recovery of Costs in Interstate IV-D Cases [Rev. eff. 10/1/11]
The responding state is responsible for payment of genetic tests for establishing paternity.
The responding state is responsible for attempting to obtain judgment for genetic test costs. 
The responding state is responsible for payment of all costs it incurs in the processing of an interstate case. 

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[Instructions: replace lines 2219483 through 2219485.] 
6.260.51  Notice and Reasons for Closure [Rev. eff. 10/1/11] 
Unless otherwise noted, case closure requires a sixty (60) day advance notice of closure to the custodial party. For closure reasons that require notice, the Child Support Enforcement Unit must notify the custodial party of the unit's intent to close the case by sending a notice of closure on the form prescribed by the State Department sixty (60) calendar days prior to closing a public assistance or non-public assistance case. The case must be left open if the custodial party or initiating state supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order. If the case is a responding interstate case, the notice shall be sent to the initiating state. Responding interstate cases can only be closed using closure reasons “G” or “H” of this section. If the case is a foster care case, the notice of closure is not required because the custodial party (county department) initiated the request for closure based on the child(ren)'s termination from foster care placement. All records of closed cases must be retained for a minimum of three years. 
Public assistance and non-public assistance, including Low-Income Child Care Assistance, cases may be closed for one or more of the reasons listed below or in Section 6.260.52 or 6.260.53. If the Low-Income Child Care Assistance case is closed, the county CSE Unit must notify the appropriate county Low-Income Child Care Assistance Program.

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[Instructions: replace lines 2219489 through 2219490.] 
6.600.11  [Rev. eff. 10/1/11]
In the case of a child for whom parentage has not been legally established with respect to whom an assignment of rights is effective, the Child Support Enforcement Unit shall attempt to establish the parentage of such child. However, the Child Support Enforcement Unit shall not pursue the establishment of parentage if good cause exemption from referral to the Child Support Enforcement Unit has been determined by the county director or designate IV-A staff. 

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[Instructions: replace lines 2219494 through 2219495.] 
6.600.13 [Rev. eff. 10/1/11]
In the case of a child for whom parentage has not been legally established on his/her behalf, the Child Support Enforcement Unit shall attempt to establish the parentage of such child. 

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[Instructions: replace lines 2219499 through 2219506.] 
6.601.2 [Rev. eff. 10/1/11]
County Child Support Enforcement Units shall provide non-public assistance to unmarried parents who are applying for Child Support Enforcement services and public assistance to unmarried parents with the opportunity to voluntarily acknowledge paternity at the Child Support Enforcement office. The Child Support Enforcement Unit shall provide to the unmarried parents the voluntary acknowledgment form prescribed and furnished by the state registrar and oral and written state prescribed standardized notices stating the alternatives to, the legal consequences of, and the rights and responsibilities that arise from signing the acknowledgment. Either the Child Support Enforcement Unit or the unmarried parents shall forward the completed acknowledgement of paternity form to the Department of Public Health and Environment, the Division of Health Statistics and Vital Records, according to the instructions provided on the form. The Division of Health Statistics and Vital Records will record the acknowledgement of paternity and add the father's name to the child's birth certificate. 
6.601.3 [Rev. eff. 10/1/11]
A signed voluntary paternity acknowledgment is considered a legal finding of paternity, subject to the right of either party who signed the acknowledgment to rescind the acknowledgment within the earlier of: 
A.  Sixty (60) calendar days; or,
B.  The date of an administrative or judicial proceeding relating to the child in which the person who signed the paternity acknowledgment is a party. 
6.601.31 [Rev. eff. 10/1/11] 
When a party in a IV-D case notifies the Child Support Enforcement Unit of his/her desire to rescind his/her signature on a voluntary paternity acknowledgment, if the request is made within sixty (60) calendar days from the date the acknowledgment was signed and there has been no administrative or judicial proceeding involving the parties, and paternity has not been established by or pursuant to the laws of another state, the Child Support Enforcement Unit shall, through administrative process, order genetic testing. 
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[Instructions: replace lines 2219511 through 2219513.] 
6.601.32  Contesting Paternity [Rev. eff. 10/1/11] 
A.  When a party in a IV-D case notifies the county Child Support Enforcement Unit of the desire to rescind his/her signature on a voluntary paternity acknowledgment and/or contests parentage of a child, and there has been a prior administrative process or judicial proceeding involving the party concerning the support of the child, the party shall be referred to the court for resolution. 
B.  When a party in a IV-D case notifies the county Child Support Enforcement Unit of the desire to rescind his/her signature on a voluntary paternity acknowledgment and/or contests parentage of a child, and there has been no prior administrative process or judicial proceeding involving the party concerning the support of the child, but the current establishment proceeding is being conducted through an administrative process action and it has been sixty or more calendar days since the acknowledgment was signed and the father’s name is on the child(ren)’s birth certificate, and paternity has not been established by or pursuant to the laws of another state, the Child Support Enforcement Unit shall: 
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[Instructions: replace lines 2219524 through 2219527.] 
6.602.1 [Rev. eff. 10/1/11]
Within ninety (90) calendar days of locating the alleged father, the Child Support Enforcement Unit must:
A.  Document unsuccessful attempts to serve process, or,
B.  Complete service of process, establish paternity, and establish an order for support. 

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[Instructions: replace lines 2219538 through 2219542.] 
6.603.1 [Rev. eff. 10/1/11]
County Child Support Enforcement Units shall require that the child and all other parties in a contested paternity case submit to genetic testing, upon the request of any party, except in cases: 
A.  Where good cause has been determined; or, 
B.  Where paternity has been determined by or pursuant to the laws of another state. 
The parties are required to use the genetic testing laboratory designated by the Child Support Enforcement Unit. 

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[Instructions: replace lines 2219545 through 2219546.] 
6.603.3 [Rev. eff. 10/1/11] 
County Child Support Enforcement Units shall pay the costs of the genetic testing for all parties for instate cases, including long-arm paternity establishment. For interstate cases, the responding state is responsible for the genetic testing costs. 

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[Instructions: replace lines 2219555 through 2219568.] 
6.714  REQUEST FOR COURT HEARING
6.714.1  [Rev. eff. 10/1/11] 
If no stipulation is agreed upon at a negotiation conference and a temporary order is completed or if a case is referred to court without entry of an administrative order because a deviation is required in the case of adoption assistance services or other reason, the delegate Child Support Enforcement Unit shall request the court to set a hearing in the matter by: 
A.  Filing a Child Support Enforcement Unit Request for Court Hearing, as prescribed by the State Department, with the clerk of the district court in the county in which the Notice of Financial Responsibility was issued or in the district court where an action relating to child support is pending or an order exists but is silent on the issue of child support.
B.  Attaching to the Child Support Enforcement Unit Request for Court Hearing the following:
1.  Notice of Hearing, as prescribed by the State Department,
2.  Notice of Financial Responsibility,
3.  Return of Service, Waiver of Service or return receipt signed by the obligor.
4.  Income and Expense Affidavit,
5.  Temporary Order of Financial Responsibility,
6.  Adoption Assistance Agreement, if applicable.
The delegate Child Support Enforcement Unit shall request the court to set a hearing on the Child Support Enforcement Unit Request for Court Hearing within 90 days of service of the Notice of Financial Responsibility or Notice of Financial Responsibility-Paternity Action on the noncustodial parent.
The Notice of Hearing must be sent to the noncustodial parent or the noncustodial parent's attorney and the custodial party by the court or the delegate Child Support Enforcement Unit if delegated and authorized by the court in writing.
The delegate Child Support Enforcement Unit is responsible for notifying the court of the last day for a hearing to be held in order to decide the issue of child support within ninety days after receipt of notice, commencing on the date the service of the Notice of Financial Responsibility is accomplished. This is the date on the return receipt if service is by certified mail or the date on the return of service, if through personal services.

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