Tracking# 2011-00831
FA/P 1/6/12, eff. 3/1/12 

I:/11090201.rtf
[I:/11090201.doc]

(9 CCR 2504-1)

[Instructions:  insert before line 1782283.] 
Revisions to Sections 6.101-6.101.2, 6.102.3-6.102.32, 6.130-6.140.1, 6.205.21-6.205.23, 6.240-6.240.20, 6.250.18-6.250.291, 6.270-6.280.1, 6.300-6.300.23, 6.503-6.506.4, 6.700.33-6.700.38, 6.702.4, 6.715-6.715.3, 6.801-6.801.19, 6.806.5-6.805.7, and 6.805.82 were final adoption following publication at the 1/6/2012 State Board meeting, with an effective date of 3/1/2012 (Rule-making# 11-9-2-1). 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 1782399 through 1782435.] 
6.101  STATE DEPARTMENT OF HUMAN SERVICES [Rev. eff. 3/1/12] 
The State Department of Human Services is responsible for statewide supervision or administration and, as provided in these rules, direct administrative activities concerning the Child Support Enforcement Program as required by the federal government under its provisions for financial participation.

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[Instructions:  replace lines 1782465 through 1782470.] 
6.102.3  Establishment of the County Department Child Support Enforcement Unit [Rev. eff. 3/1/12]
Allocation of Staff:  Sufficient staff shall be assigned to the Child Support Enforcement Unit to provide the following child support enforcement functions: intake, locate, legal determination of parentage, establishment of the legal obligation, collection, enforcement, investigation and reporting as prescribed by these rules.

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[Instructions:  replace lines 1782560 through 1782570.] 
6.130  STATE DEPARTMENT TO SUPERVISE CSE PROGRAM [Rev. eff. 3/1/12] 
The Colorado Department of Human Services is responsible for statewide supervision and direct administrative activities concerning the CSE program as required by the Federal government under its provisions for financial participation. 
County departments shall strictly administer the CSE program in accordance with the requirements of Title IV-D of the Social Security Act, and the federal and state rules and regulations which govern the operations of the CSE program.
6.140  PENALTY FOR FAILURE TO COMPLY WITH STATE AND FEDERAL REGULATIONS [Rev. eff. 3/1/12] 
If a county fails to comply with the requirements of Title IV-D of the Social Security Act, and the federal and state rules and regulations which govern the operations of the CSE program, the State Department may reduce or withhold incentive payments or take other actions as provided for in state statute or Department rules referenced in Colorado Department of Human Services’ rule manual Volume 1 (9 CCR 2501-1). 

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[Instructions:  replace lines 1782665 through 1782671.] 
6.205.21  Change of Venue [Rev. eff. 3/1/12] 
Change of venue shall not be initiated for purposes of having the attorney for the order county take court action or to change the enforcing county for the case. A change of venue may be completed when the court determines it is in the best interests of the custodian, child, or non-custodial parent. Change of venue does not change the enforcing county, except upon agreement of the counties involved.
6.205.22  Controlling Order [Rev. eff. 3/1/12] 
In cases with multiple actions or orders, the enforcing county will determine the controlling order pursuant to Section 14-5-207, C.R.S., et seq.

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[Instructions:  replace lines 1782793 through 1782818.] 
6.240  (None) [Rev. eff. 3/1/12]

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[Instructions:  replace lines 2239265 through 1782851.] 
6.250.18  Notification When Case is Closed [Rev. eff. 3/1/11]
Notify the responding state when a case is closed and the reason for closure.
6.250.19  Documentation of Electronic Transaction [Rev. eff. 3/1/12]
The CSE 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.

6.250.2  RESPONDING STATE/JURISDICTION RESPONSIBILITIES 
6.250.21  Managing Interstate Cases [Rev. eff. 3/1/12] 
Management of the interstate CSE 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 interstate CSE cases.
B.  County CSE Units must initiate any electronic or manual referral from the interstate network within 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 interstate 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 interstate 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, 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.
6.250.23  Provide Necessary CSE Services as Instate Title IV-D [Rev. eff. 3/1/12]
Provide all necessary CSE 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.  Petitioning to include medical support in all new orders for child support;
D.  Processing and enforcing orders referred by another state, pursuant to the UIFSA or other legal processes;
E.  Petitioning to modify existing child support orders and to include medical support if there is evidence that health insurance is available at a reasonable cost in accordance with the section on modification of support orders;
F.  Collecting and monitoring support payments for the initiating state and forwarding payments to the location specified by the initiating CSE office within two business days of the Colorado date of receipt, except for IRS offset collections.
G.  Determining the controlling order as defined by Section 14-5-207, C.R.S.
6.250.24  Timely Notice [Rev. eff. 3/1/12]
Provide timely notice to the CSE office in the initiating state of any formal hearing regarding establishment or modification of an order. Provide timely response to inquiries regarding interstate case activity. 
6.250.25  New Information [Rev. eff. 3/1/12]
Within ten working days of receipt of new information on a case, submit information to the initiating state. New information includes case status change or any new information that could assist the other state in processing the case. 
6.250.26  Closed Case [Rev. eff. 3/1/12] 
Notify the initiating state when a case is closed.

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[Instructions:  replace lines 1783113 through 1783154.] 
6.270  CHILD SUPPORT ENFORCEMENT PROGRAM PLAN [Rev. eff. 3/1/12] 
Each county department shall forward its CSE County Program Plan for the next calendar year to the State Department by December 31 of each year. The plan shall be submitted to the State Department on prescribed State form. If the plan is disapproved, the county department will negotiate mutually acceptable goals with the State Department. If agreement cannot be reached, counties may request reconsideration by the Executive Director or a designee of the Colorado Department of Human Services. The county department will be bound by the decision of the Executive Director or designee. Satisfactory completion of this process is required to ensure the county department receives continued federal financial participation.
6.270.3  [Rev. eff. 3/1/12]
Each county's program plan must set county goals in order to meet annual statewide goals set by the State Division of Child Support Enforcement. 
A.  If a county fails to: 
1.  Submit an annual county program plan; revised annual county program plan as required by the state office; or
2.  Submit a plan which establishes goals consistent with statewide goals, 
B.  Then the State Division will take appropriate corrective action to ensure that a satisfactory county program plan is submitted and approved. 
6.280  REPORTING [Rev. eff. 3/1/12] 
County departments shall provide the State Department with reports and fiscal information as deemed necessary by the State Department. 
6.300  (None) [Rev. eff. 3/1/12]

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[Instructions:  replace lines 1783195 through 1783209.] 
6.503  LOCATION IN INTERSTATE CASES [Rev. eff. 3/1/12] 
The initiating state must forward an State Parent Locate Service (SPLS) request through manual or electronic means to the IV-D agency of any other jurisdiction within twenty (20) calendar days of receiving information that the noncustodial parent or alleged father may be in another state.
Upon receipt of information regarding the noncustodial parent or alleged father, all appropriate follow up must be completed by the Child Support Enforcement Unit to verify the location information received.
6.504  REPEATED LOCATION ATTEMPTS [Rev. eff. 3/1/12] 
Location attempts, except for Federal Parent Locater Service (FPLS), shall be repeated quarterly or immediately upon receipt of new information when adequate identifying and other information exists which may aid in location, whichever occurs sooner.
A.  Quarterly attempts may be limited to automated sources, but must include accessing the Department of Labor and Employment files.
B.  When repeated location attempts are necessary because of new information, all appropriate locate sources must be accessed within seventy-five (75) calendar days.

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[Instructions:  replace lines 1783304 through 1783339.] 
6.700.33  Health Insurance [Rev. eff. 3/1/12] 
For public assistance and non public assistance cases in which support is being sought, the Child Support Enforcement Unit shall seek to include health insurance coverage by either parent or both parents on behalf of his/her children. The order shall provide for the assignment of any benefits to the health care provider, not to the Child Support Enforcement Unit. 
A.  The Child Support Enforcement Unit shall provide health insurance information for public assistance cases to the IV A and foster care units and to the custodial party on the State-prescribed form.
B.  The Child Support Enforcement Unit shall provide health insurance information for non-public assistance cases to the caretaker on the State-prescribed form. 
6.700.34  Establishing Debt [Rev. eff. 5/1/97]
Effective June 6, 1993, if action is taken to establish debt, it must be pursued in accordance with Section 14-14-104, C.R.S. 
6.700.35  Dismissal [Rev. eff. 3/1/12]
If the court or administrative authority dismisses a petition for a support order without prejudice, the Child Support Enforcement Unit shall, at the time of dismissal, examine the reasons for dismissal and determine when it would be appropriate to seek an order in the future, and seek a support order at that time. This shall be documented on Automated Child Support Enforcement System chronology and a review date set.
6.700.36  Retroactive Support [Rev. eff. 3/1/12]
Effective May 31, 1994, an order for a reasonable amount of retroactive support due, calculated using the child support guidelines as set forth in Section 6.700.38, may be included in any non-public assistance action to establish paternity and/or child support, and in any public assistance action if requested by a custodial party, if there is a time period which occurred prior to the receipt of public assistance benefits for which such support can be established.
A.  The custodial party shall be required to complete an "Affidavit of Retroactive Support" and return it to the Child Support Enforcement Unit before the initiation of any judicial or administrative action to establish retroactive support. A Child Support Enforcement Unit shall not establish an order for retroactive support unless an "Affidavit for Retroactive Support" has been received from the custodial party. The county Child Support Enforcement Unit shall use the State proscribed "Affidavit of Retroactive Support." If the custodial party is waiving the right to retroactive support, this shall be reflected in the support order. If the Child Support Enforcement Unit does not establish retroactive support on behalf of custodial parties, the order shall contain a statement to this effect and also an advisement to the non-custodial party that the custodial party may pursue the establishment of retroactive support separately.
B.  In a public assistance case, retroactive support will not be established for:
1.  Any months for which the custodial party received public assistance.
2.  Any months for which the children did not reside with the custodial party.
3.  Any months when the custodial party, non-custodial parent, and the children lived in the same household.
4.  If the retroactive support is being established in a divorce or legal separation action, the amount of retroactive support will be based upon the number of months after the date of physical separation of the parents, the filing date of the action, or the date of service upon the respondent, whichever date is latest.
C.  In a non-public assistance case, including a low -income child care referral case, retroactive support will not be established for: 
1.  Any months for which the children did not reside with the custodial party.
2.  Any months when the custodial party, non-custodial parent and the children lived in the same household.
3.  If the retroactive support is being established in a divorce or legal separation action, the amount of retroactive support shall be based upon the number of months after the date of physical separation of the parents, the filing date of the action, or the date of service upon the respondent, whichever date is latest.
6.700.37  Guidelines for Establishment of Retroactive Support, Child Support Debt, and Foster Care Fee Debt  [Rev. eff. 3/1/12]
The Child Support Enforcement Unit has the discretion to establish an obligation for child support debt, foster care fee debt, and/or retroactive support due based on the county’s procedure.
A.  In a public assistance case, the Child Support Enforcement Unit may use the current monthly support order amount determined by using the Colorado child support guidelines times the number of months that the custodial party received public assistance as the initial basis for the amount of child support debt owed by the noncustodial parent.
B.  In a foster care fee case, the Child Support Enforcement unit may use the current monthly support order amount determined by using the Colorado child support guidelines times the number of months that the child(ren) was in placement as the initial basis for the amount of foster care fee debt owed by the placing parent.
1.  In a IV-E foster care case, the amount of the foster care fee debt is limited by the total of the unreimbursed maintenance payments for that child(ren).
2.  In a non-IV-E foster care case, the amount of the foster care fee debt is limited by the total cost of placement for that child(ren).
C.  In a public assistance or non-public assistance case, the Child Support Enforcement Unit may use the current monthly support order amount determined by using the Colorado child support guidelines times the number of months that the children lived in the custodial party’s home without the presence of the noncustodial parent as the initial basis for the amount of retroactive support owed by the noncustodial parent.
D.  The Child Support Enforcement Unit may take the following factors into consideration in determining whether the initial amount of child support debt, foster care fee debt, or retroactive support calculated pursuant to paragraphs A and B, above, is appropriate and reasonable:
1.  An increase in the parent’s income since the date of child’s birth that may result in the current monthly child support order being higher than it would have been a the time of the child’s birth.
2.  The length of time that a custodial party waited before requesting the services for the establishment of retroactive support, including whether the non-custodial parent knew or should have known about the existence of the children.
3.  Special circumstances that may have inhibited the custodial party from requesting assistance from Child Support Enforcement at an earlier date.
4.  Direct cash or in-kind support provided by the non-custodial parent to custodial party for the children for periods prior to the entry of the support order.
5.  Any circumstances beyond the control of the non-custodial parent which might have lengthened the time periods for which child support debt or retroactive support are being established including, but not limited to, non-cooperation by the custodial party.
E.  If either the custodial or non-custodial parent does not agree to the proposed amount of retroactive support, a temporary order, according to Section 6.713, must be established and the case referred for a court hearing. The temporary order may not include any amount for child support debt or retroactive support.

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[Instructions:  remove lines 1783364 through 1783365;  Section 6.702.4 is being deleted.] 

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[Instructions:  replace lines 1783562 through 1783591.] 
6.715  MODIFICATION OF ADMINISTRATIVE ORDERS [Rev. eff. 3/1/12] 
Only administrative orders of financial responsibility and administrative default orders may be modified by administrative process by the delegate Child Support Enforcement Unit. Cases certified for court hearing or previously entered Colorado court order, may not be modified by administrative process. 
6.800  COLLECTION 
6.801  (None) [Rev. eff. 3/1/12] 

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[Instructions:  replace lines 1783853 through 1783858.] 
6.805.5 - 6.805.7  (None) [Rev. eff. 3/1/12] 

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6.805.82  [Rev. eff. 3/1/12] 
For those cases which have multiple disbursements on hold equaling under ten dollars ($10) or one disbursement on hold equaling under $10, the disbursements can be transferred to the abandoned collections account without attempts to locate the payee (either the custodial party or the noncustodial parent). For those cases which have multiple disbursements on hold equaling $.10 or over or one disbursement on hold equaling $10 or over, the disbursements must be reviewed to make the appropriate attempts to release the disbursement.

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