DEPARTMENT OF HUMAN SERVICES Child Support Enforcement RULE MANUAL VOLUME 6 CHILD SUPPORT ENFORCEMENT RULES 9 CCR 2504-1 [Editor’s Notes follow the text of the rules at the end of this CCR Document.] STATEMENT OF BASIS AND PURPOSE, AND, SPECIFIC STATUTORY AUTHORITY OF REVISIONS MADE TO THE CHILD SUPPORT ENFORCEMENT STAFF MANUAL A rewrite of staff manual Volume 6, (Child Support Enforcement) was finally adopted at the 11/1/85 State Board meeting, with an effective date of 1/1/86. Statement of Basis and Purpose, Fiscal Impact, 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 Office of the State Board Administrator, Department of Social Services.

Revisions to section 6.201.2 - 6.210.4 were finally adopted following publication at the 9/11/87 State Board meeting, with an effective date of 11/1/87 (Document 17). Statement of Basis and Purpose, Fiscal Impact, 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 Office of the State Board Administrator, Department of Social Services. Revisions to section 6.201.2 were finally adopted following publication at the 12/4/87 State Board meeting, with an effective date of 2/1/88 (Document 3). Statement of Basis and Purpose, Fiscal Impact, 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 Office of the State Board Administrator, Department of Social Services.

Revisions to sections 6.200 - 6.201 were finally adopted following publication at the 1/8/88 State Board meeting, with an effective date of 3/1/88 (Document 5). Statement of Basis and Purpose, Fiscal Impact, 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 Office of the State Board Administrator, Department of Social Services.

Revisions to sections 6.101 - 6.102 and 6.240 - 6.260 were emergency adopted at the 7/8/88 State Board meeting, with an effective date of 8/22/88 (CSPR# 88-4-25-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.101 - 6.102 and 6.240 - 6.260 were finally adopted emergency at the 8/5/88 State Board meeting, with an effective date of 8/22/88 (CSPR# 88-4-25-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.000 - 6.002, 6.200 - 6.210, and 6.260 - 6.270 were emergency adopted at the 9/9/88 State Board meeting, with an effective date of 10/1/88 (CSPR# 88-6-7-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.000 - 6.002, 6.200 - 6.210, and 6.260 - 6.270 were final adoption of emergency at the 10/7/88 State Board meeting, with an effective date of 10/1/88 (CSPR# 88-6-7-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.700 - 6.802 and 6.803 - 6.902 were finally adopted following publication at the 10/7/88 State Board meeting, with an effective date of 12/1/88 (CSPR# 88-8-12-3). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.000 - 6.002, 6.201 - 6.210, and 6.260 - 6.270 were finally adopted following publication at the 11/4/88 State Board meeting, with an effective date of 1/1/89 (CSPR#'s 88-6-28-3, and 88-8-17-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.100 - 6.102, 6.260 - 6.300, 6.500 - 6.600 and 6.804 - 6.805 were finally adopted following publication at the 2/3/89 State Board meeting, with an effective date of 4/1/89 (CSPR#'s 88-8- 30-1, 88-10-6-1 and 88-10-14-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.000, 6.102, 6.200 - 6.201, 6.240 - 6.270, 6.400, 6.700 - 6.802, 6.803 - 6.804 and 6.805 - 6.902 were finally adopted following publication at the 3/3/89 State Board meeting, with an effective date of 5/1/89 (CSPR#'s 88-9-13-1, 88-11-18-1 and 88-11-18-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.260 - 6.270 were emergency adopted at the 4/7/89 State Board meeting, with an effective date of 5/1/89 (CSPR# 88-10-25-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.260 - 6.270 were final adoption of emergency at the 5/5/89 State Board meeting, with an effective date of 5/1/89 (CSPR# 88-10-25-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions and additions to sections 6.000 - 6.002, 6.201 - 6.210, and 6.260 were finally adopted following publication at the 6/2/89 State Board meeting, with an effective date of 8/1/89 (CSPR# 89-3-13-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.120 - 6.140 and 6.805 - 6.902 were finally adopted following publication at the 7/7/89 State Board meeting, with an effective date of 9/1/89 (CSPR#'s 89-1-11-1 and 89-2-17-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to section 6.200 - 6.201.2 were finally adopted following publication at the 8/4/89 State Board meeting, with an effective date of 10/1/89 (CSPR# 89-5-17-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.100 - 6.102, 6.803 - 6.804, and 6.900 - 6.902 were adopted emergency at the 8/4/89 State Board meeting, with an effective date of 8/4/89 (CSPR# 89-6-9-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.100 - 6.102, 6.803 - 6.804, and 6.900 - 6.902 were final adoption of emergency at the 9/8/89 State Board meeting, with an effective date of 8/4/89 (CSPR# 89-6-9-1). 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 Office of the State Board Liaison, Department of Social Services. Addition of sections 6.701 through 6.715.3 were final adoption following publication at the 2/2/90 State Board meeting, with an effective date of 4/1/90 (CSPR# 89-9-25-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.000 - 6.002 and 6.250 - 6.260 were adopted emergency at the 6/1/90 State Board meeting, with an effective date of 6/1/90 (CSPR# 90-5-15-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.000 - 6.002 and 6.250 - 6.260 were final adoption of emergency at the 7/6/90 State Board meeting, with an effective date of 6/1/90 (CSPR# 90-5-15-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.701 - 6.715 and 6.804 - 6.805 were adopted emergency at the 7/6/90 State Board meeting, with an effective date of 7/6/90 (CSPR#'s 90-6-4-1a and 90-6-6-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.000 - 6.101, 6.120 - 6.130, 6.200 - 6.201, 6.240 - 6.260, 6.270 - 6.300, 6.400 - 6.700, 6.800 - 6.803, and 6.804 - 6.902 were final adoption following publication at the 8/3/90 State Board meeting, with an effective date of 10/1/90 (CSPR#'s 90-3-15-2, 90-3-20-2, and 90-3-23-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.701 - 6.715 and 6.804 - 6.805 were adopted emergency and final at the 8/3/90 State Board meeting, with an effectives date of 7/6/90 and 8/3/90 (CSPR#'s 90-6-4-1a and 90-6-6-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.201, 6.260, and and 6.600 - 6.700 were adopted emergency at the 10/5/90 State Board meeting, with an effective date of 10/5/90 (CSPR#'s 90-6-27-1 and 90-8-13-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.201 and and 6.600 - 6.700 were final adoption of emergency at the 11/2/90 State Board meeting, with an effective date of 10/5/90 (CSPR# 90-6-27-1). Revisions to section 6.260 were adopted emergency and final at the 11/2/90 State Board meeting, with effective dates of 10/5/90 and 11/2/90 (CSPR# 90-8-13-1).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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 6.260 were adopted emergency at the 1/4/91 State Board meeting, with an effective date of 1/4/91 (CSPR# 90-11-29-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 6.260 were final adoption of emergency at the 2/1/91 State Board meeting, with an effective date of 1/4/91 (CSPR# 90-11-29-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.120 through 6.140 and 6.270 through 6.300 were final adoption following publication at the 2/1/91 State Board meeting, with an effective date of 4/1/91 (CSPR# 90-11-9-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.260, 6.701 - 6.707, 6.710 - 6.711, and 6.713 - 6.715 were final adoption following publication at the 5/3/91 State Board meeting, with an effective date of 7/1/91 (CSPR# 91-1-22-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.102 through 6.110 were final adoption following publication at the 8/2/91 State Board meeting, with an effective date of 10/1/91 (CSPR# 91-4-23-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.000 - 6.102, 6.803 and 6.805 were adopted emergency at the 1/10/92 State Board meeting, with an effective date of 1/10/92 (CSPR# 91-12-4-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.120 - 6.140 and 6.270 - 6.300 were final adoption following publication at the 1/10/92 State Board meeting, with an effective date of 3/1/92 (CSPR#'s 91-7-10-2, and 91-10-7-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.000 - 6.102, 6.803 and 6.805 were adopted emergency and final at the 1/10/92 State Board meeting, with effective dates of 1/10/92 and 2/7/92 (CSPR# 91-12-4-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.600 through 6.603 and 6.711 through 6.715 were adopted emergency at the 7/10/92 State Board meeting, with an effective date of 8/1/92 (CSPR# 92-5-28-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.600 through 6.603 and 6.711 through 6.715 were final adoption of emergency at the 8/7/92 State Board meeting, with an effective date of 8/1/92 (CSPR# 92-5-28-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.002, 6.102, 6.200 - 6.201, 6.230, 6.260, 6.400 - 6.706, 6.800 - 6.803, 6.804, 6.805, and 6.903 were final adoption following publication at the 8/7/92 State Board meeting, with an effective date of 10/1/92 (CSPR# 91-12-3-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.710 - 6.711, 6.713 - 6.715, 6.804, and 6.805 were adopted emergency at the 8/7/92 State Board meeting, with effective dates of 8/1/92 and 8/7/92 (CSPR#'s 92-6-12-1 and 92-6-17-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.710 - 6.711, 6.713 - 6.715, 6.804, and 6.805 were final adoption of emergency at the 9/4/92 State Board meeting, with effective dates of 8/1/92 and 8/7/92 (CSPR#'s 92-6-12-1 and 92-6- 17-1, respectively). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.102 and 6.803 were adopted emergency at the 10/2/92 State Board meeting, with an effective date of 10/2/92 (CSPR# 92-8-7-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.102 and 6.803 were final adoption of emergency at the 11/6/92 State Board meeting, with an effective date of 10/2/92 (CSPR# 92-8-7-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.002, 6.500 - 6.506, 6.710 - 6.711, 6.805, and 6.900 - 6.902 were adopted emergency at the 11/6/92 State Board meeting, with an effective date of 11/6/92 (CSPR# 92-9-16-1 and 92-9-30-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.002, 6.500 - 6.506, 6.710 - 6.711, 6.805, and 6.900 - 6.902 were final adoption of emergency at the 12/4/92 State Board meeting, with an effective date of 11/6/92 (CSPR# 92-9-16-1 and 92-9-30-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to section 6.803 were final adoption following publication at the 2/5/93 State Board meeting, with an effective date of 4/1/93 (CSPR# 92-11-13-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.710 - 6.715 and 6.900 - 6.902 were adopted emergency at the 4/2/93 State Board meeting, with an effective date of 4/2/93 (CSPR# 93-2-23-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.710 - 6.715 and 6.900 - 6.902 were final adoption of emergency at the 5/7/93 State Board meeting, with an effective date of 4/2/93 (CSPR# 93-2-23-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.000 - 6.002, 6.240 - 6.260 and 6.712 - 6.715 were final adoption following publication at the 5/7/93 State Board meeting, with an effective date of 7/1/93 (CSPR# 92-12-17-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to section 6.700 were adopted emergency and final at the 7/9/93 State Board meeting, with an effective date of 7/9/93 (CSPR# 93-4-26-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.110, 6.201, 6.230, and 6.600 - 6.603 were final adoption following publication at the 10/1/93 State Board meeting, with an effective date of 12/1/93 (CSPR# 93-7-9-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to sections 6.260, 6.701 - 6.702 and 6.711 - 6.715 were final adoption following publication at the 12/3/93 State Board meeting, with an effective date of 2/1/94 (CSPR# 93-9-2-1). 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 Office of the State Board Liaison, Department of Social Services. Revisions to section 6.210 were adopted emergency at the 1/7/94 State Board meeting, with an effective date of 1/7/94 (CSPR# 93-10-26-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to section 6.210 were final adoption of emergency at the 2/4/94 State Board meeting, with an effective date of 1/7/94 (CSPR# 93-10-26-2). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.205 - 6.207 and 6.240 - 6.260 were final adoption followng publication at the 6/3/94 State Board meeting, with an effective date of 8/1/94 (CSPR# 93-12-28-1). 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 Office of the State Board Liaison, Department of Social Services.

Revisions to sections 6.000 - 6.102, 6.230 - 6.250, 6.261, 6.600 - 6.702, and 6.712 - 6.715 were adopted emergency at the 7/8/94 State Board meeting, with an effective date of 7/1/94 (CSPR# 94-5-23-1). 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 Office of External Affairs, Department of Human Services. Revisions to sections 6.000 - 6.102, 6.230 - 6.250, 6.261, 6.600 - 6.702, and 6.712 - 6.715 were final adoption of emergency at the 8/5/94 State Board meeting, with an effective date of 7/1/94 (CSPR# 94-5- 23-1). 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 Office of External Affairs, Department of Human Services. Revisions to sections 6.000 - 6.002, 6.110 - 6.260, 6.261 - 6.603, 6.707 - 6.715, 6.804 - 6.805, and 6.903 were final adoption following publication at the 8/5/94 State Board meeting, with an effective date of 10/1/94 (CSPR# 94-3-3-1). 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 Office of External Affairs, Department of Human Services. Revisions to sections 6.230 and 6.261 were final adoption following publication at the 12/2/94 State Board meeting, with an effective date of 2/1/95 (CSPR# 94-9-7-2). 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 Office of External Affairs, Department of Human Services.

Revisions to sections 6.002, 6.201, 6.220, 6.600 - 6.700, 6.707 - 6.710, and 6.711 - 6.715 were final adoption following publication at the 3/3/95 State Board meeting, with an effective date of 5/1/95 (CSPR# 94-12-20-1). 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 Office of External Affairs, Department of Human Services. Revisions to sections 6.803 and 6.805 were adopted emergency at the 3/3/95 State Board meeting, with an effective date of 4/7/95 (CSPR# 95-2-15-1). 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 Office of External Affairs, Department of Human Services.

Revisions to sections 6.803 and 6.805 were final adoption of emergency at the 5/5/95 State Board meeting, with an effective date of 4/7/95 (CSPR# 95-2-15-1). 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 Office of External Affairs, Department of Human Services.

Revisions to sections 6.002 - 6.101, 6.110, 6.201, 6.205, 6.240 - 6.250, 6.261, and 6.701 - 6.715 were final adoption following publication at the 5/5/95 State Board meeting, with an effective date of 7/1/95 (CSPR# 95-2-17-1). 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 Office of External Affairs, Department of Human Services. Revisions to sections 6.600 through 6.700 were adopted emergency at the 6/2/95 State Board meeting, with an effective date of 6/2/95 (CSPR# 95-4-21-1). 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 Office of External Affairs, Department of Human Services.

Revisions to sections 6.600 through 6.700 were adopted emergency and final at the 7/7/95 State Board meeting, with effective dates of 6/2/95 and 7/7/95 (CSPR# 95-4-21-1). 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 Office of External Affairs, Department of Human Services.

Revisions to sections 6.002, 6.220, 6.261, 6.707 - 6.711, and 6.712 - 6.715 were final adoption following publication at the 10/6/95 State Board meeting, with an effective date of 12/1/95 (CSPR# 95-7-11-2). 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 Office of External Affairs, Department of Human Services. Revisions to sections 6.002, 6.101, 6.700 - 6.702, and 6.802 - 6.803 were final adoption following publication at the 11/3/95 State Board meeting, with an effective date of 1/1/96 (CSPR#'s 95-4-12-1 and 95-8-25-1). 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 Office of External Affairs, Department of Human Services. Revisions to sections 6.110 and 6.600 - 6.603 were final adoption following publication at the 12/1/95 State Board meeting, with an effective date of 2/1/96 (CSPR# 95-9-14-1). 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 Office of External Affairs, Department of Human Services.

Revisions to the Table of Contents and sections 6.002, 6.260, and 6.600 - 6.700 were final adoption following publication at the 1/5/96 State Board meeting, with an effective date of 3/1/96 (CSPR# 95-10-5- 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 Office of External Affairs, Department of Human Services. Revisions to the Table of Contents and sections 6.210 - 6.220 and 6.700 were final adoption following publication at the 2/2/96 State Board meeting, with an effective date of 4/1/96 (CSPR#'s 95-9-22-1 and 95-11-20-1). 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 Office of External Affairs, Department of Human Services. Revisions to the sections 6.100 - 6.102, 6.210, and 6.805 were final adoption following publication at the 6/7/96 State Board meeting, with an effective date of 8/1/96 (CSPR# 96-3-20-1). 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 Office of External Affairs, Department of Human Services.

Revisions to the sections 6.002, 6.101 - 6.102, 6.110, 6.201 - 6.205, 6.210 - 6.220, 6.261, 6.700, 6.707 - 6.715, 6.805, and 6.900 - 6.903 were adopted emergency at the 6/7/96 State Board meeting, with an effective date of 7/1/96 (CSPR# 96-5-8-1). 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 Office of External Affairs, Department of Human Services.

Revisions to the sections 6.002, 6.101 - 6.102, 6.110, 6.201 - 6.205, 6.210 - 6.220, 6.261, 6.700, 6.707 - 6.715, 6.805, and 6.900 - 6.903 were final adoption of emergency at the 7/12/96 State Board meeting, with an effective date of 7/1/96 (CSPR# 96-5-8-1). 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 Office of External Affairs, Department of Human Services.

Revisions to the sections 6.000 - 6.002, 6.110, 6.201 - 6.205, 6.230 - 6.250, 6.260 - 6.261, 6.270 - 6.400, 6.600 - 6.710, and 6.711 - 6.715 were final adoption following publication at the 8/2/96 State Board meeting, with an effective date of 10/1/96 (CSPR# 96-4-11-2). 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 Office of External Affairs, Department of Human Services.

Revisions to the sections 6.002, 6.110, 6.210 - 6.220, 6.261, 6.700, 6.710 - 6.712, and 6.903 were final adoption following publication at the 12/6/96 State Board meeting, with an effective date of 2/1/97 (CSPR# 96-9-16-1). 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 Office of External Affairs, Department of Human Services. Revisions to the sections 6.002, 6.110, 6.210 - 6.220, 6.261, 6.700, 6.710 - 6.712, and 6.903 were repromulgated final adoption following publication at the 3/7/97 State Board meeting, with an effective date of 5/1/97 (CSPR# 96-9-16-1). 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 Office of External Affairs, Department of Human Services. Revisions to the sections 6.200 through 6.201, 6.230, and 6.260, 6.261, 6.400 through 6.702, 6.900 through 6.902, and 6.903 were final adoption following publication at the 5/2/97 State Board meeting, with an effective date of 7/1/97 (CSPR# 97-2-24-2). 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 Office of External Affairs, Department of Human Services.

Revisions to the sections 6.600 through 6.603 and 6.710 through 6.715 were adopted emergency and final at the 6/6/97 State Board meeting, with an effective date of 7/1/97 (CSPR# 97-2-24-1). 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 Office of External Affairs, Department of Human Services.

Revisions to the sections 6.800 through 6.802 and 6.805 were adopted emergency at the 6/6/97 State Board meeting, with an effective date of 7/1/97 (CSPR# 97-5-19-1). 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 Office of External Affairs, Department of Human Services.

Rewrite of the entire Child Support Enforcement manual was final adoption following publication at the 10/3/97 State Board meeting, with an effective date of 12/1/97 (CSPR# 97-6-5-1). 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 Office of External Affairs, Department of Human Services.

Revisions of sections 6.270 and 6.903 were final adoption following publication at the 3/6/98 State Board meeting, with an effective date of 5/1/98 (CSPR#'s 97-12-22-1 and 97-12-23-1). 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 Office of External Affairs, Department of Human Services.

Revisions of sections 6.000 - 6.002, 6.800 - 6.802, and 6.805 were final adoption following publication at the 9/4/98 State Board meeting, with an effective date of 11/1/98 (CSPR# 98-6-22-1). 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 Office of External Affairs, Department of Human Services.

Revisions of sections 6.002 through 6.102, 6.205 through 6.230, 6.261, 6.500 through 6.505, 6.600 through 6.603, 6.700, 6.706 through 6.708, 6.711 through 6.712, and 6.805 were final adoption following publication at the 11/6/98 State Board meeting, with an effective date of 1/1/99 (CSPR# 98-8-11-1). 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 Office of External Affairs, Department of Human Services. Revisions of sections 6.260, 6.300 through 6.400, and 6.601 through 6.700 were final adoption following publication at the 12/4/98 State Board meeting, with an effective date of 2/1/99 (CSPR# 98-9-16-1). 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 Office of External Affairs, Department of Human Services. Revisions of sections 6.261, 6.700 - 6.715 and 6.903 were final adoption following publication at the 5/7/99 State Board meeting, with an effective date of 7/1/99 (CSPR# 99-2-8-1). 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 Office of External Affairs, Department of Human Services.

Revisions of section 6.260 were adopted emergency at the 5/7/99 State Board meeting, with an effective date of 5/7/99 (CSPR# 99-3-24-2). 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 Office of External Affairs, Department of Human Services. Revisions of section 6.260 were final adoption of emergency at the 6/4/99 State Board meeting, with an effective date of 5/7/99 (CSPR# 99-3-24-2). 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 Office of External Affairs, Department of Human Services.

Revisions of sections 6.002, 6.803, and 6.902 were final adoption following publication at the 6/4/99 State Board meeting, with an effective date of 8/1/99 (CSPR#'s 98-12-21-1 and 99-3-30-1). 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 Office of External Affairs, Department of Human Services.

Revisions of sections 6.002 and 6.210 were final adoption following publication at the 7/9/99 State Board meeting, with an effective date of 9/1/99 (CSPR# 99-4-6-1). 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 Office of External Affairs, Department of Human Services.

Revisions of sections 6.002 and 6.805 were final adoption following publication at the 8/6/99 State Board meeting, with an effective date of 10/1/99 (CSPR# 99-5-20-1). 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 Office of External Affairs, Department of Human Services.

Revisions to the manual's Table of Contents and section 6.804 were final adoption following publication at the 11/5/99 State Board meeting, with an effective date of 1/1/2000 (CSPR# 99-8-19-1). 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 Office of External Affairs, Department of Human Services.

Addition of Section 6.905 was final adoption following publication at the 04/07/2000 State Board meeting, with an effective date of 6/1/2000 (CSPR# 99-10-12-1). 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 Office of Public Affairs, Department of Human Services.

Revisions to Sections 6.002, 6.210, 6.240, 6.261, 6.601, 6.700, and 6.902 were final adoption following publication at the 5/5/2000 State Board meeting, with an effective date of 7/1/2000 (CSPR# 00-2-8-1). 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 Office of Public Affairs, Department of Human Services. Revisions to Sections 6.902 and 6.904 were final adoption following publication at the 6/2/2000 State Board meeting, with an effective date of 8/1/2000 (CSPR# 00-2-9-1). 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 Office of Public Affairs, Department of Human Services.

Revisions to Sections 6.002, 6.101, 6.261, 6.710, - 6.712, and 6.902 - 6.903 were final adoption following publication at the 8/4/2000 State Board meeting, with an effective date of 10/1/2000 (CSPR#s 00-5-16-1 and 00-5-16-2). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. Revisions to Sections 6.002, 6.110, 6.210, 6.805, and 6.905 were final adoption following publication at the 9/8/2000 State Board meeting, with an effective date of 11/1/2000 (CSPR#s 00-6-26-1, 6-27-1 and 00-7-7-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. Revisions to Section 6.906 were adopted as emergency at the 12/1/2000 State Board meeting, with an effective date of 12/1/2000 (CSPR# 00-10-23-2). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. Revisions to Section 6.906 were final adoption of emergency at the 1/5/2001 State Board meeting, with an effective date of 12/1/2000 (CSPR# 00-10-23-2). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Section 6.902 and 6.906 were final adoption following publication at the 1/5/2001 State Board meeting, with an effective date of 3/1/2001 (CSPR#'s 00-8-23-1 and 00-10-13-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.261, 6.603 - 6.700, 6.709 - 6.710, 6.711 - 6.712, and 6.900 - 6.904 were final adoption following publication at the 4/6/2001 State Board meeting, with an effective date of 6/1/2001 (CSPR# 01-1-10-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. Revisions to Sections 6.260, 6.702, 6.712, 6.905, and 6.906 were final adoption following publication at the 2/1/2002 State Board meeting, with an effective date of 4/1/2002 (CSPR# 01-11-14-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.710.17, 6.711.6, 6.712.4, 6.712.9, 6.902.15, and 6.903.11 were adopted emergency at the 7/12/2002 State Board meeting, with an effective date of 7/1/2002 (CSPR# 02-4-5-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.710.17, 6.711.6, 6.712.4, 6.712.9, 6.902.15, and 6.903.11 were final adoption of emergency at the 8/2/2002 State Board meeting, with an effective date of 7/1/2002 (CSPR# 02-4-5-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.261 through 6.261.9, were adoption following publication at the 11/1/2002 State Board meeting, with an effective date of 1/1/2003 (CSPR# 02-8-21-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.002, 6.805, 6.805.31 through 6.805.34, and 6.805.9 through 6.805.97 were adoption following publication at the 1/3/2003 State Board meeting, with an effective date of 3/1/2003 (Rule-making# 02-10-21-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. Revisions to Sections 6.102.2, 6.205.1-6.205.11, 6.261.8, 6.710.17, 6.711.6, 6.712.4, 6.712.9, 6.902.12- 6.902.13, and 6.903.11, and addition of Section 6.604-6.604.5, were adopted following publication at the 4/4/2003 State Board meeting, with an effective date of 6/1/2003 (Rule-making #s 02-11-6-1 and 03-1-8- 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.002, 6.805 and 6.805.1 were adopted following publication at the 11/7/2003 State Board meeting, with an effective date of 1/1/2004 (Rule-making #03-8-1-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.805.4 and addition of Sections 6.908-6.908.6 were adopted following publication at the 12/5/2003 State Board meeting, with an effective date of 2/1/2004 (Rule- making #03-9-24-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.002, 6.201.1, 6.230.16, 6.260.22-6.260.23, 6.261.7-6.261.8, 6.604-6.604.4, 6.902.12-6.902.13, and 6.903.11 were adopted following publication at the 4/2/2004 State Board meeting, with an effective date of 6/1/2004 (Rule-making #03-12-29-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.205.23, 6.205.3, 6.250.11 - 6.250.12, 6.250.27, 6.260.51-6.260.52, 6.601.1, 6.702.1, and 6.906 - 6.906.6 were adopted following publication at the 5/7/2004 State Board meeting, with an effective date of 7/1/2004 (Rule-making #04-2-24-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.001.11-6.001.12, 6.102.21, 6.201.2, 6.201.5, 6.206, 6.230.1, 6.230.16, 6.230.3 - 6.230.7, 6.260.23, and 6.260.51 - 6.260.52 were adopted following publication at the 8/6/2004 State Board meeting, with an effective date of 10/1/2004 (Rule-making #04-5-4-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.002, 6.260.53, 6.260.55, 6.803.11-6.803.15, 6.803.2-6.803.23, 6.803.31, 6.803.33, 6.803.46-6.803.47, 6.805.11, 6.805.13, 6.805.15, 6.805.35, 6.905.1, 6.906-6.906.1, 6.906.21 - 6.906.22, 6.906.3, 6.906.4, 6.906.5, 6.906.6, and 6.907.1 were adopted following publication at the 9/9/2005 State Board meeting, with an effective date of 11/1/2005 (Rule-making #05-5-9-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.700.31 through 6.700.32, and 6.700.37 through 6.700.38 were adopted following publication at the 12/2/2005 State Board meeting, with an effective date of 2/1/2006 (Rule-making #05-8- 9-1);and a technical correction to 6.906 (TL# VI-05-1/Rule-making #05-5-9-1) is being republished. 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Section 6.902.3 (formerly 6.902.24) were adopted following publication at the 1/5/2007 State Board meeting, with an effective date of 3/1/2007 (Rule-making #06-10-20-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.002, 6.210.13-6.210.15, 6.700.33, 6.805.32-6.805.35, 6.901-6.902.3, addition of Sections 6.210.7 and 6.902.4, and revisions to Sections 6.905.1-6.905.3, 6.906-6.908.6 were adopted following publication at the 3/9/2007 State Board meeting, with an effective date of 5/1/2007 (Rule-making #'s 06-12-7-1 and 06-12-18-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. Revisions to Sections 6.002, 6.101.2, 6.201.2, 6.261.3, 6.805, 6.805.2, and 6.903.11 were adopted as emergency at the 9/7/2007 State Board meeting, with an effective date of 10/1/2007 (Rule-making#07-6- 1-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration. Revisions to Sections 6.002, 6.101.2, 6.201.2, 6.261.3, 6.805, 6.805.2, and 6.903.11 were final (permanent) adoption of emergency rules at the 10/5/2007 State Board meeting, with an effective date of 10/1/2007 based on the prior emergency rules (Rule-making#07-6-1-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.905-6.905.1 and 6.905.4-6.906 were final adoption following publication on 11/2/2007 and re-adopted following public notice and hearing at the 12/7/07 State Board meeting, with an effective date of 2/1/2008 (Rule-making#07-7-13-1). 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, Office of Performance Improvement, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.001.1-6.001.22, 6.002, 6.201.2-6.201.3, 6.201.6, 6.261.1-6.261.5, 6.261.7- 6.261.9, 6.700.31-6.700.32, 6.709.4, 6.710.14, 6.803.1-6.803.12, 6.803.14-6.803.21, and 6.903.11 were final adoption following publication at the 5/2/2008 State Board meeting, with an effective date of 7/1/2008 (Rule-making# 08-2-19-1). 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, Boards and Commissions Division, State Board Administration.

Revisions to Sections 6.210.12-6.210.13, 6.803.45-6.803.48, 6.804.1-6.804.2, 6.804.5-6.804.61, and 6.804.8 were adopted on an emergency basis at the 7/11/2008 State Board meeting, with an effective date of 7/11/2008 (Rule-making# 08-5-14-1). 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, Boards and Commissions Division, State Board Administration. Revisions to Sections 6.210.12-6.210.13, 6.803.45-6.803.48, 6.804.1-6.804.2, 6.804.5-6.804.61, and 6.804.8 were final adoption (permanent) of emergency rules at the 8/1/2008 State Board meeting, with an effective date of 10/1/2008 (Rule-making# 08-5-14-1). 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, Boards and Commissions Division, State Board Administration. Revisions to Sections 6.002, 6.201.3-6.201.6, 6.240.12-6.240.18, 6.250.27, 6.260.54, 6.400.17-6.400.19, 6.500-6.501, 6.602.2, 6.603.2, 6.700.22-6.700.24, 6.700.31, 6.700.35, 6.700.38, 6.702.2, 6.709.1, 6.713.1-6.714.2, 6.801.15-6.801.18, 6.805, 6.805.2, 6.805.31, 6.805.5, 6.902.1-6.902.12, and 6.902.14 were final adoption following publication at the 8/7/2009 State Board meeting, with an effective date of 10/1/2009 (Rule-making# 09-4-20-1). 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.

Deletion of Sections 6.110 through 6.110.72 and revisions to Sections 6.102.21, 6.201.2, 6.601.32, 6.702.1, 6.902.17, 6.905.2, 6.906.1, 6.906.22, 6.906.4, 6.906.6, 6.907.1-6.907.2, and 6.908.3-6.908.6 were final adoption following publication at the 1/8/2010 State Board meeting, with an effective date of 3/2/2010 (Rule-making# 09-9-11-1). 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.

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 adopted on an emergency basis at the 7/8/2011 State Board meeting, with an effective date of 8/10/2011 (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.

6.000 CHILD SUPPORT ENFORCEMENT PROGRAM

6.001 INTRODUCTION

6.001.1 PURPOSE

The Colorado Child Support Enforcement (CSE) Program is established to collect support, to reimburse, in part or whole, Title IV-A grants paid to families, help remove IV-A recipients from the IV-A program by assuring continuing support payments, and assist persons who do not receive IV-A or IV E foster care to remain financially independent. Such purpose is achieved by: locating absent parents, establishing the paternity of children born out of wedlock, establishing child support obligations and health insurance, reviewing the order for a possible adjustment, and enforcing and collecting support. Although this program must be closely coordinated with the IV-A, Medicaid, Low-Income Child Care Assistance, and foster care programs, it is a separate and distinct program with defined functions, which must be performed by a distinct administrative unit.

This manual sets forth the policies and rules by which the Colorado Child Support Enforcement (CSE) program must be administered and describes the coordination that must take place with the IV-A and foster care programs. IV-A and IV E foster care cases in these rules are also referred to as public assistance (PA) cases. Cases that do not contain IV-A or IV E recipients and cases receiving continued services are referred to as non public assistance (Non PA; NPA) cases. Non-IV-E foster care, Medicaid, and Low-Income Child Care Assistance cases are also included in NPA cases. The policies and rules for the IV-A, Medicaid, Low-Income Child Care Assistance, and foster care programs are set forth in the respective staff manuals.

6.002 DEFINITIONS

“Abandoned Collections Account” - the State IV-D account into which undeliverable collections are transferred once a determination has been made that the payment cannot be disbursed. This account is used to reimburse state expenditures.

“ACSES” - the acronym for the Automated Child Support Enforcement system, a comprehensive statewide on line computer system providing case management, financial management, reports, statistics and an extensive cross reference system.

“Adjustment” - (Modification) is a legal action to change the amount of the order, which can be up or down based upon application of the state's presumptive guideline; or to add medical support to meet the child(ren)'s health care needs.

“Administrative Costs” - the amount of court ordered costs that must be repaid to the Child Support Enforcement Unit such as genetic tests, service of process fees, or attorney's costs. “Administrative Lien and Attachment” - a notice to withhold child support, child support arrearages, child support debt, or retroactive support due from a noncustodial parent's workers' compensation benefits that is issued to any person, insurance company, or agency providing such benefits. “Administrative Process Action (APA)” - determination of paternity and/or support obligations through a non-judicial process.

“Administrative Review” - a face-to-face meeting between the CSE Unit and either the custodial party or the noncustodial parent for reviewing arrearage amounts or distribution of amounts collected. The county must provide the custodial party or noncustodial parent a written notification of the results of the Administrative Review, including notice of the right to have the case reviewed by the state Child Support Enforcement Division.

“Alleged Parent” - the individual claimed to be the parent of a child(ren) for whom parentage has not been legally established or is in dispute. The alleged parent may be also called the putative parent. “Allocation” - the process of apportionment of a collection to a specific noncustodial parent's obligation based on the legal order for support to satisfy the various classes of the noncustodial parent's receivables.

“Application” - the state prescribed form, CSE 6, which indicates that the individual is applying for Child Support Enforcement services. The application is signed by the individual applying for services and a fee is paid or waived on basis of hardship.

“Arrearages” - the total amount of the court ordered support obligations that are past due and unpaid. Such amount is calculated by multiplying the amount of the support obligation (including any modification thereto) by the number of months that have elapsed since the inception of the order and subtracting from the product the amount of support paid by the noncustodial parent, through the court, directly to the obligee, Child Support Enforcement Unit, or Family Support Registry (FSR). “Assignment of Support Rights” - the determination that a family is eligible for IV-A benefits automatically invokes a state law (Section 26-2-111(3), C.R.S., as amended) that assigns to the State Department all rights that the applicant may have to support from any other person on his/her own behalf or on behalf of any other family member for whom application is made. The assignment is effective for both current support and support that accrues as arrears during the period that the family receives assistance. The assignment is limited by the total amount of IV-A assistance received. When a child is placed in foster care, all rights to current and accrued child support for the benefit of the child are assigned to the State Department pursuant to Section 26-13-113, C.R.S. “Automated Child Support Enforcement System (ACSES)” - the statewide computer program used by Child Support Enforcement for daily operations.

"Caretaker Relative" - a person who is related to the dependent child by blood or by law, who lives with the child and who exercises parental responsibility (care, control and supervision) of the child in the absence of the child's parent, such as grandparents, aunts, uncles, step-parents, and adult siblings. “Case Category” - category of a case identifies the type of IV-D case. Case categories must be maintained on the automated child support system as prescribed by the State Department. “Categorization” - identifies the action required on the case. “Challenge” - when either party disagrees in writing with the review results because the guideline calculation contained alleged inaccurate information. The parties' right to challenge is included in the Post Review Notice or the Administrative Process, Notice of Financial Responsibility for Review and Adjustment.

“Child Support Enforcement (CSE) Unit” - the county unit administering the Child Support Enforcement (CSE) Program.

“Colorado Date of Receipt” (CDOR) - the date the child support payment is first received by the Child Support Enforcement program, either the Family Support Registry or the Child Support Enforcement Unit. After January 1, 2004, this date determines the accounting month to which the collection will be applied and is the date that will be reported to the credit reporting agencies. “Confidential” - privileged information of individuals which is private and not for release, disclosure, or distribution.

“Consumer Credit Reporting Agency” - any person who, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part, in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.

“Continued Services Cases” - non public assistance Child Support Enforcement cases in which the Child Support Enforcement Unit continues to provide services after IV-A financial or IV-E foster care eligibility ceases unless notified by the obligee that continued services are not desired. “Cost Effectiveness Ratio” - for PA, the calculation is IV-A collections divided by total administrative costs as defined in 6.804.1. For non PA, the calculation is non PA collections divided by total administrative costs as defined in Section 6.804.1.

“County Department” - a county department of social services. “C.R.S.” - Colorado Revised Statutes.

“CSE Case” - a child support case in which services are provided to establish, modify, and enforce support obligations pursuant to the state IV D plan.

“Custodial Party” - the legally responsible parent, blood relative, adoptive relative or agency. Also known as the caretaker relative, custodial relative, custodian, obligee, government agency (for foster care cases) or, on ACSES, as the recipient/applicant and abbreviated as R/A. "Date of Withholding" - the date the employer withheld the child support from the employee's wages. Prior to January 1, 2004, this date determined the accounting month that the payment was applied. “Disbursement” - processing of the payable to payees other than the Department of Human Services. “Disposition” - the date on which a support order is officially established and/or recorded or the action is dismissed.

“Distribution” - application of the allocated collection to the IV D retained and/or payable accounts according to federal regulations based on assignment of rights to support, continued services, and application for services, such as:

1. a. current support applied against and retained for reimbursement of IV-A public assistance paid and foster care maintenance payments.
   1. b. creation of the liability to pay to the family non assigned current support or arrears payments.
   2. c. retention of arrears collection to reimburse past public assistance or maintenance payments. Other IV D accounts include but are not limited to overcollect payments to noncustodial parent, prepay, excess over grant, excess over unreimbursed maintenance payments, and cost reimbursement.

“EFPLS” - Expanded Federal Parent Locator Service “Electronic Benefits Transfer (EBT) Notice” - the notice that is sent to the IV-A recipient at the beginning of each month informing him/her of how much public assistance money was deposited into his/her account. The notice also contains information about how much child support was paid by the noncustodial parent during that month.

“Enforcing County” - Colorado county responsible for processing the case and providing Child Support Enforcement services.

“Erroneous Disbursement” - a disbursement that is paid but subsequently found to be in error. The disbursement may have been sent to the wrong payee, contain the wrong amount, should not have been disbursed due to lack of funds supporting the disbursement or the discovery of other balances that should have been reimbursed. An erroneous disbursement can occur for disbursement paid to the custodial party, noncustodial parent or other states. An erroneous disbursement may be discovered in the same period it is issued (a current period erroneous disbursement) or in a subsequent period (a prior period erroneous disbursement).

“Expedited Processes” - administrative or expedited judicial processes or both which increase effectiveness and meet specified processing timeframes and under which the presiding officer is not a judge of the court. Actions to establish or enforce support obligations in IV D cases must be completed within the timeframes specified in federal regulations. “Family Support Registry (FSR)” - the contracted fiscal agent responsible for processing all child support payments.

“FFP” - Federal financial participation.

“Financial Institution Data Match” - Federal mandate requiring the state to do a periodic match of noncustodial parents who owe arrearages to accounts maintained at financial institutions. "Financial Institution Data Match Lien and Levy" - a notice generated by the Colorado Department of Human Services, Division of Child Support Enforcement, to freeze and seize assets contained in financial accounts. The notice is issued to any financial institution or state entity maintaining accounts for obligors with child support arrearages, child support debt or retroactive support. “FIPS” - Federal Information Processing Standard a code number assigned to each state and county within the United States. It is used by Child Support Enforcement Units to identify the enforcing state and county in collection reports to the state department.

“Former Arrears Due (FAD) Case” - any IV-D case which formerly received IV-A cash assistance or IV- E maintenance but no longer receives CSE services where there are still assigned arrears due. “Former Assistance Case” - any IV-D case which formerly received IV-A cash assistance or IV-E maintenance.

“Foster Care Fee Debt” - the amount of support due in a foster care case from the placing parent for the time period between the date the child was placed in out-of-home placement to the date the fee order was established.

“FosterCare Fee” - an amount assessed to the legally responsible person(s) whose child(ren) are receiving substitute care through a foster care placement. The amount is determined by application of the Colorado Child Support Guidelines.

“FPLS” - Federal Parent Locator Service.

“Genetic Testing” - an analysis of inherited factors of mother, child, and alleged father which can help to prove or disprove that a particular man fathered a particular child. “Health Insurance” - medical insurance or medical and dental insurance that may be provided through a parent's employer or acquired individually by the parent. “HHS” - the U.S. Department of Health and Human Services. “High Volume Automated Administrative Enforcement in Interstate Cases” - the use of automated data processing on interstate cases to search various state data bases and seize identified assets of delinquent obligors, using the same techniques as used in intrastate cases upon request of another state. “Income Assignment ” - the process whereby a noncustodial parent's child support payments are taken directly from his/her income and forwarded to the FSR through a notice to the employer, trustee, or other payor of funds.

“Initial Date of Receipt” (IDOR) - the date on which the support collection is initially received by the Title IV D agency or the legal entity of any state or political subdivision actually making the collection or, if made via income assignment, the date of withholding, whichever is earliest. Prior to January 1, 2004, this date determined the accounting month in which the collection was applied. “Initiating State/Jurisdiction” - the state/jurisdiction which requests CSE services from the state/jurisdiction where the noncustodial parent resides, has property, or derives income. “Interstate Case” - a CSE services case which involves more than one state. “Interstate Central Registry” - the Interstate Network unit within the Colorado Division of Child Support Enforcement (CSE) which receives, disseminates and has oversight responsibility for interstate IV-D cases.

“Interstate Network” - the unit in the Colorado Division of Child Support Enforcement which has responsibility for interstate central registry functions. “Intrastate Case” - a Colorado Child Support Enforcement case that involves more than one county. “IV-A Cash Assistance” - payments paid to or on behalf of families with children pursuant to Title IV-A of the Social Security Act.

“IV-A Case” - a case referred from the IV-A Unit to the CSE office for child support services when the family has been approved for IV-A financial benefits and/or medical benefits. “IV-A Unit” - the county unit administering the IV-A cash assistance program. “IV-D” - Child Support Enforcement Program pursuant to Title IV D of the Social Security Act. “IV-E Foster Care” - these cases are mandatory referrals to the CSE Unit if there is a noncustodial parent, unless the exceptions noted at 7.001.41, I (12 CCR 2509-1) are met. The foster care maintenance is paid from federal matching funds under Title IV-E of the Social Security Act if eligibility requirements are met.

“IV-E Payment” - payment made on behalf of a child for his/her foster care maintenance in accordance with Title IV E of the Social Security Act.

“Judgment” - a payment becomes a final money judgment when it is due and not paid. In order to enforce a judgment, a verified entry of judgment must be filed with the court. This verified entry of judgment must specify the period of time that the judgment covers and the total amount of the judgment for that period. The court may have issued an order for a judgment for an amount of arrears accrued during a specific time period. Both the order of judgment and the verified entry of judgment allows the institution of post judgment remedies, such as garnishments.

“Locate” - information concerning the physical whereabouts of the noncustodial parent or the noncustodial parent's employer(s), other sources of income, or assets, as appropriate, which is sufficient to take the next appropriate action in a case.

“Medicaid Referral Cases” - cases in which families, with a noncustodial parent, receive Medicaid but not IV-A, Supplemental Security Income (SSI), or foster care financial benefits, and are provided IV D services.

“Monthly Amount Due” - the monthly amount the noncustodial parent is expected to pay toward the arrearages.

"Monthly Payment Due" - the monthly amount that the obligor is expected to pay each month; the amount includes the court ordered current support and the monthly amount due towards any arrears. "National Medical Support Notice (NMSN)" - a federally mandated notice sent to employers by the delegate CSE Units. Its purpose is to ensure that children receive health care coverage when it is available and required as part of the child support order. “Non-IV-E Foster Care” - classified by the State CSE Division on the automated child support system as a Non-PA case; however, they are treated like public assistance cases because they originate within Child Welfare Services and, pursuant to statute, contain an automatic assignment. These cases are also known as Title XX Foster Care. An application for CSE services is required on these cases if they are referred to the CSE Unit at the discretion of the director of the county department. “Non-Public Assistance (Non-PA) Case” - a IV D case in which the family currently does not receive public assistance. Non-PA cases include Medicaid referral cases. “Noncustodial Parent (NCP)” - the legally responsible relative or alleged parent who is not living with the dependent children.

“Not in Child's Best Interest” - order would not be reviewed based on a good cause determination in cases with an assignment of rights as defined in Section 6.230.1. “Notice of Collection” - a periodic report of Colorado Works Program collection information which is sent by the Child Support Enforcement Unit to current and former Colorado Works Program recipients who have assigned their rights to support.

“Obligee” - the party to whom an obligation of support is owed. “Obligor” - the party bound by a court or administrative order to provide support. “OCSE” - Office of Child Support Enforcement. The Health and Human Services agency which is the federal agency responsible for the supervision of state child support enforcement programs pursuant to Title IV D of the Social Security Act.

“Original Order” - the original order is the Colorado divorce decree, legal separation or declaration of invalidity of marriage with an order for current support. The original order may also be the earliest active Colorado juvenile support order or the earliest active Colorado Uniform Reciprocal Enforcement of Support Act/Uniform Interstate Family Support Act order. “Parties to the Action” - those individuals with whom the child support order is made. “Permanently Assigned Arrears” - arrears which accrued under a court or administrative order and were assigned prior to October 1, 1997, plus all arrears which accrue while a family is receiving IV-A cash assistance or IV E maintenance after October 1, 1997.

“Placing Parent” - the legally responsible parent who the child(ren) was living with prior to foster care placement. This person is responsible to pay for all or a portion of the child’s foster care services. “Post Assistance Arrears” - the arrears that accrue under a court or administrative order on a continued services case after the custodial party discontinues IV-A services. “Pre- Assistance Arrears ” - the arrears that accrued from October 1, 1997, forward, under a court or administrative order before the custodial party started receiving IV-A assistance. “Pre-Offset Notice” - a notice generated yearly by the state Office of Child Support Enforcement notifying noncustodial parents of the enforcement remedies that may be applied to their cases and advising of their right(s) to request an administrative review. “Pre-Review Screening ” - an assessment of the IV-D case to determine the appropriateness for review. “Primary Contact County” - the county that the custodial party will contact to resolve issues concerning an unfunded disbursement balance.

“Procedure” - processes developed by county Child Support Enforcement Units to implement state policy and rules.

“Public Assistance (PA) Case” - a IV-A or IV E foster care case. Cases that only receive public assistance through state or county diversion assistance are not referrals. Recipients of diversion assistance may receive cash or vendor payments in a one-time payment or ongoing payments for less than ninety (90) calendar days. If the duration of the assistance is greater than ninety (90) calendar days, a referral is made to the Child Support Enforcement Unit. Parties receiving public assistance in cases that are not referred to the Child Support Enforcement Unit may apply for Child Support Enforcement Services as a non-public assistance applicant.

“Putative Parent ” - see Alleged Parent.

“Responding State/Jurisdiction” - the state/jurisdiction where a child support order exists or the obligor resides, has property, or derives income, which provides Child Support Enforcement services upon request from another state/ jurisdiction.

“Retroactive Support Due” - the amount of support due in a non-public assistance case for a time period which occurred prior to the entry of the order establishing paternity, if paternity is in question, or prior to the entry of an order establishing child support if paternity is not in question. The amount of support due in a IV-A case prior to the initial receipt of IV-A benefits and prior to the entry of the order establishing paternity, if paternity is in question, or prior to the entry of an order establishing child support and/or maintenance, if paternity is not in question.

“Review” - an objective evaluation of information necessary for application of the state’s presumptive guidelines to determine the appropriateness of the level or amount of the child support order and to determine the medical coverage to meet the child(ren)'s health care needs. “Service fee" – the annual fee charged to a custodial party who has never received cash public assistance.

“Specific Dollar Amount for Medical Purposes” - an amount ordered to be paid toward the cost of health insurance provided by a public entity or by another party through employment or otherwise, or for other medical costs not covered by insurance.

“SPLS” - the State Parent Locator Service.

“State Department ” - the Colorado Department of Human Services. “State Plan ” - the comprehensive statement submitted by the State Department to the Department of Health and Human Services describing the nature and scope of its Child Support Enforcement Program and giving assurance that it will be administered in conformity with the specific requirements stipulated in Title IV D of the Social Security Act and other official issuances of Health and Human Services. “Support” - obligation amounts ordered by a court or through administrative process by a county Child Support Enforcement Unit to be paid on behalf of (a) child/ren or (b) child/ren and former spouse, if established in the same court order and if the former spouse is living with the child/ren. “Termination of Review and Adjustment” - the review/adjustment activity ceases based on specific criteria which are set forth in Section 6.261.6.

“Total Program Expenditures” - the total amount of costs associated with the Child Support Enforcement program billed to the federal government for reimbursement. “UIFSA” - Uniform Interstate Family Support Act, Title 14, Article 5, Colorado Revised Statutes (C.R.S.) which governs interstate case processing.

“UMP” - Unreimbursed Maintenance Payments. The amount of IV E foster care maintenance payments which have not been reimbursed by child support collections or other recoveries. “UPA” - Unreimbursed Public Assistance. The amount of IV-A payments which have not been reimbursed by child and spousal support collections or reduced by IV A established recoveries. “URESA” or “RURESA” - The Revised Uniform Reciprocal Enforcement of Support Act, Title 14, Article 5, C.R.S., as amended. Repealed in Colorado on January 1, 1995, the effective date of Uniform Interstate Family Support Act.

“Work Requirements” - activities that can be ordered to require noncustodial parents to obtain work. Such activities include private or public employment, job search activities, community service, vocational training, or any other employment-related activities available to the noncustodial parent.

6.100 ADMINISTRATION OF THE COLORADO CHILD SUPPORT ENFORCEMENT PROGRAM

6.101 STATE DEPARTMENT OF HUMAN SERVICES

6.101.1

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.

6.101.2 DUTIES OF THE STATE DEPARTMENT [Rev. eff. 11/30/07]

1. Duties of the State Department include:
   1. A. Establishing and administering the State Plan for the Child Support Enforcement Program;
   2. B. Providing financial control of the operation of the Child Support Enforcement Program;
   3. C. Establishing necessary agreements with other states and local agencies or private providers for the provision of services in support of the Child Support Enforcement Program. These agreements may include:
      1. 1. Provision of necessary administrative agreements for support services;
      2. 2. Utilization of state and local information resources; and 3. Cooperation with courts and law enforcement officials;
   4. D. Securing compliance with the requirements of the State Plan under any agreement;
   5. E. Establishing and operating the State Parent Locator Service (SPLS) to assist county departments or their authorized agent and other states in the location of parents for CSE purposes and to assist courts or district attorneys in connection with parental kidnapping or child custody cases. SPLS includes:
      1. 1. Utilizing the Federal Parent Locator Service; and 2. Utilizing appropriate state, local and federal sources to locate absent parents in accordance with established procedures.
   6. F. Establishing and operating an interstate central registry responsible for receiving, distributing and responding to inquiries on all interstate IV-D cases.
      1. 1. Within 10 working days of receipt of an interstate IV-D case, the Interstate Network must review the case, acknowledge receipt of the case and request missing documentation, forward the case to SPLS or appropriate local office for processing, and inform initiating state where case was sent.
      2. 2. When documentation is inadequate, the Interstate Network must forward the case to the local office for any action that can be taken pending necessary action by the initiating state.
      3. 3. The Interstate Network must respond to case status requests from other states within 5 working days.
      4. 4. The Interstate Network will respond to requests from other states for high volume administrative enforcement of interstate cases and may initiate requests with other states for administrative enforcement of interstate cases electronically in accordance with 42 USCA 666(A)(14).
   7. G. Submitting requests for certification of collection of support arrearages to the Secretary of the Treasury of the United States;
   8. H. Submitting requests to the Secretary, Health and Human Services, to utilize the United States District Courts to enforce court orders;
   9. I. Providing statistical, fiscal, and other records necessary for reporting and accountability as required by the Secretary, Health and Human Services;
   10. J. Coordinating activities pursuant to, and assuring compliance with, the requirements of the Colorado Uniform Reciprocal Enforcement of Support Act;
   11. K. Interpreting and enforcing the rules and regulations of the State Department, establishing the policies governing the Child Support Enforcement Program, and providing training to Child Support Enforcement staff;
   12. L. Determining the eligibility for and issuing federal and state incentive payments to appropriate jurisdictions;
   13. M. Monitoring the progress of Child Support Enforcement Program development and operations and evaluating the quality, efficiency, effectiveness and scope of Child Support Enforcement services available through each county Child Support Enforcement Unit;
   14. N. Certifying cases to the Internal Revenue Service (IRS) and the Colorado Department of Revenue for intercept of tax refunds;
   15. O. Conducting administrative reviews for contested arrears or distribution of collected amounts.
   16. P. Providing public service announcements, at least annually, regarding the availability of Child Support Enforcement services;
   17. Q. Certifying cases to the Colorado Department of Revenue for the intercept of lottery winnings;
   18. R. Providing a statewide comprehensive computer system enabling counties to maintain case and financial information on Child Support Enforcement cases; and S. Acting as an agent for the Colorado Department of Labor and Employment for initiating unemployment compensation benefits income assignments.
   19. T. Acting as an agent for any person, insurance company, or agency providing worker's compensation benefits for the purposes of processing an administrative lien and attachment to collect child support obligations.
   20. U. Acting as an agent for identifying noncustodial parents who have not complied with a child support order; or child support debt, child support arrearage balance, or retroactive child support for 60 calendar days or more and sending notice to such noncustodial parents of the non-compliance and notifying the licensing agency to suspend or deny the license of those noncustodial parents who do not comply with the notice.
   21. V. Issuing administrative subpoenas to public utilities upon request of county Child Support Enforcement Units.
   22. W. Collect the required $25 service fee from custodial parties who have never received cash public assistance once the $500 disbursement threshold has been reached.

6.102 County Departments Of Social Services

6.102.1 County departments shall strictly administer the Child Support Enforcement Program in accordance with the rules set forth in this manual.

6.102.2 Duties Of The County Department

6.102.21 [Rev. eff. 3/2/10]

1. The duties of the county department or its delegate shall include the following:
   1. A. Establishing, maintaining, and implementing specific written procedures for the operation of the Child Support Enforcement Program in accordance with these rules;
   2. B. Maintaining the Child Support Enforcement staff manual, required state forms, and copies of county letters;
   3. C. Establishing and monitoring agreements with local law enforcement officials, legal services providers and other organizations for the provision of services in support of the Colorado Child Support Enforcement Program;
   4. D. Securing compliance with the requirements of the Colorado Child Support Enforcement Program in operations delegated under any agreement;
   5. E. Implementing and utilizing a statewide, comprehensive automated Child Support Enforcement system, as prescribed by the state department;
   6. F. Certifying delinquent cases to the state department for the interception of Internal Revenue Service refunds and for interception of state income tax refunds;
   7. G. Providing arrearage information to consumer credit reporting agencies;
   8. H. Send a quarterly notice of current support and arrearage payment collections to current and former IV-A recipients with support obligations who have assigned their rights to support. Collections shall be reported on Form CSE-33, as prescribed by the state department, and shall contain:
      1. 1. Explanation of the assignment of support rights, 2. Name of the noncustodial parent from whom the support is collected, 3. The starting date of the period reported, 4. The ending date of the period reported, 5. A separate listing of payments collected from each noncustodial parent when more than one noncustodial parent owes support, 6. Amount collected from each noncustodial parent which was retained to reimburse public assistance, 7. Amount collected from each noncustodial parent which was paid to the family in the form of excess collections, 8. An Advisement to the custodial party of his/her right to call or write the Child Support Enforcement Unit if he/she has questions or disagreements about the distribution. The Advisement will notice the custodial party that the family is entitled to:
         1. a. an administrative review, b. bring a representative to the administrative review, and c. review its files prior to or at the administrative review as provided for in state regulations at Section 6.220.
      2. 9. Such other information as deemed appropriate by the State Department.
   9. I. Periodically, not less than annually, publicizing the availability of Child Support Enforcement services, including address and telephone number of the county Child Support Enforcement Unit;
   10. J. Requesting the inclusion of medical support and assignment of such coverage to the health care provider in the establishment and enforcement of support orders;
   11. K. Obtaining information regarding the health insurance available through the custodial and/or noncustodial parent for the benefit of the children and for both public assistance and non- public assistance cases, report such information on the Automated Child Support Enforcement System (ACSES). The Automated Child Support Enforcement System will generate a report to the state Medicaid Third Party Resource Section and the Child Support Enforcement Unit will send a Notice of Insurance Information (CSE-212) to the caretaker relative; and L. Conducting administrative reviews of contested arrears.
   12. M. If the county director or the delegate exercises the option of referring Low-Income Child Care Assistance recipients to the Child Support Enforcement Unit, the county must comply with all provisions found in these rules and in Section 3.904.1, I, in the "Income Maintenance" rule manual (9 CCR 2503-1) relating to the referral of Low-Income Child Care Assistance recipients to the Child Support Enforcement Unit.
   13. N. Using diligent efforts to complete all actions appropriately and within the timeframes required by the applicable federal regulations, statute or rule. Diligent efforts shall include the following:
       1. 1. Initiating a task within the required time period;
       2. 2. Completion of the task, including any follow up activities within the required time period;
       3. 3. Taking the necessary actions in response to receipt of information that indicates that the task may not be on track to be completed within the required timeframe.

6.102.3 Establishment Of The County Department Child Support Enforcement Unit

6.102.31 For purposes of this section "professional staff member" is defined as a person occupying a position within a county personnel system that is certified by the State Department to be in conformance with Federal standards or, in the case of an agency under agreement, a person occupying an equivalent position.

6.102.32 Allocation of Staff

1. A. Each county department with an IV-A caseload of 250 or more cases as of January 1, 1983, shall establish a separate Child Support Enforcement Unit which shall be responsible for the operation of the Child Support Enforcement program in that county. A separate Child Support Enforcement Unit is defined as one professional staff member or more assigned full time to the operation of the Child Support Enforcement program. The Child Support Enforcement Unit may be created in the county department, may be delegated to another agency under formal agreement with the county department, or may be comprised of county department staff and staff of an agency under formal agreement with the county department. No professional staff members of the county department assigned to the Child Support Enforcement Unit may perform functions other than required by these rules. Such county shall delegate one of the professional staff members full-time responsibility for the supervision of the Child Support Enforcement Unit.
   1. B. Each county department with an IV-A caseload of less than 250 cases as of January 1, 1983, shall designate as the Child Support Enforcement Unit one professional staff member to be responsible for all Child Support Enforcement activities in that county. Such professional staff member may perform other functions in addition to Child Support Enforcement activities. If the Child Support Enforcement activities workload necessitates more than one assigned professional staff member, additional professional staff may be assigned to perform Child Support Enforcement functions. The Child Support Enforcement Unit may be created in the county department or may be delegated to another agency under formal agreement with the county department.
   2. C. 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.

6.103 - 6.109 (None)

6.110 None [Rev. eff. 3/2/10]

6.120 REIMBURSEMENT OF EXPENDITURES

6.120.1

The state department shall pass through to county departments of social services federal matching funds as prescribed by the state department for necessary expenditures for child support enforcement services and activities provided to PA recipients and NPA families in accordance with these rules.

6.120.2 Federal matching funds will not be passed through to county departments of social services for:

.21 Activities not related to the Child Support Enforcement Program; .22 Construction or major renovations;

.23 Purchases of child support enforcement services which are not secured in accordance with these rules and regulations;

.24 Education and training programs and educational services except the direct costs of approved short- term training, as defined and approved by the state department; .25 Activities related to investigation or prosecution of fraud except for referring the discovery of same to the appropriate program;

.26 Activities that are beyond the scope of these rules as determined by the state department; .27 Activities performed pursuant to an agreement that has expired and has not been renewed in accordance with these rules; and .28 The amount of any fees, costs, or interest on child support collections deposited in a financial institution and collected by the CSE Unit that have not been used to reduce county CSE program expenditures.

6.130 COMPLIANCE WITH THE STATE AND FEDERAL REGULATIONS BY COUNTY CHILD

1. SUPPORT ENFORCEMENT UNITS

6.130.1

Pursuant to sections of the Personal Responsibility and Work Opportunity Reconciliation Act, if Colorado is found by the Secretary of HHS, on the basis of a federal audit, to have failed to have an effective Child Support Enforcement (CSE) program meeting the requirements of Title IV-D of the Social Security Act and implementing federal regulations, total federal payments to the State of Colorado for the IV-A program may be reduced by up to 5% of such payments.

6.130.2 STATE DEPARTMENT TO SUPERVISE CSE PROGRAM

6.130.21 The State Department of Human Services is responsible for statewide supervision or administration and, as provided in these rules, 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.

6.130.22 CHILD SUPPORT ENFORCEMENT COMPLIANCE REVIEWS

1. The State Department, Division of Child Support Enforcement (CSE) shall supervise and monitor the operations of CSE programs in the county departments to ensure that the state is not penalized and that the CSE program is administered on a statewide basis. The State Division of CSE shall monitor the performance of county CSE units to ensure compliance with Title IV-D of the Social Security Act, and the federal and state regulations and rules which govern the operations of the CSE program.

6.140 PENALTY FOR FAILURE TO COMPLY WITH STATE AND FEDERAL REGULATIONS

6.140.1

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 regulations.

6.200 GENERAL PROVISIONS

6.201 Application Requirements

County CSE Units shall establish procedures to ensure that all appropriate functions and activities regarding applications and information on available services are undertaken and completed within the timeframes specified and that all activities are documented on ACSES.

6.201.1 Public Assistance (PA) Cases

1. A. Public assistance cases shall be provided full support services as required by the Child Support Enforcement program upon referral without an application requirement. Referral is defined as the Colorado Benefits Management System (CBMS) generated automated referral and the State prescribed Social Services Single Purposes Application (SSSPA) form or another county form containing, at a minimum, the information found in the State prescribed form.
   1. B. The following information shall be provided to PA clients on the appropriate state prescribed form:
      1. 1. The assignment of rights to support payments;
      2. 2. Available services;
      3. 3. The individual's rights and responsibilities;
      4. 4. Fees, cost-recovery and distribution policies;
      5. 5. Case categorization and the information necessary to change the category;
      6. 6. The requirement, in appropriate cases, for good cause exemption from referral to the CSE Unit to be granted by the county director or the designate IV-A staff; and 7. The lack of an attorney-client relationship.
   2. C. Counties must document in the case record the date of referral, which is the date the recipient received the program information.

6.201.2 NON-PUBLIC ASSISTANCE (NPA) CASES [Rev. eff. 3/2/10]

A. Continued Services Cases

1. 1. The Child Support Enforcement Unit shall provide to the person whose IV-A grant or IV-E foster care eligibility is discontinued, continued CSE services, without a formal application or fee unless the CSE agency is notified to the contrary by the person whose IV-A grant or IV-E foster care eligibility is discontinued.
   1. 2. Form SMR-3, Notice to Recipient, will be generated and mailed to the recipient when they are discontinued from IV-A. The form will be sent to the recipient ten (10) days prior to the effective date of the discontinuation.
   2. 3. Form SS-4, Notice of Social Service Action, will be completed by the county services worker and mailed to recipients when a person(s) is discontinued from IV-E foster care. The form will be sent to the recipient five (5) days prior to the effective date of the discontinuation. The Notice to Recipient (SMR-3) and the Notice of Social Service Action (SS-4) shall:
      1. a. Notify the person whose IV-A grant or IV-E foster care has been discontinued, that the CSE Unit shall continue to provide CSE services unless the CSE Unit is notified by the former IV-A or IV-E foster care recipient to the contrary;
      2. b. Specify the CSE services that are available;
      3. c. Inform the person that the quality of information provided will affect the category of the case;
      4. d. Specify the name of the person whose IV-A grant and/or IV-E foster care has been discontinued; and, e. Specify the household number;
      5. f. Specify the unique case identifiers;
      6. g. Require the signature of the person discontinued who wishes to terminate CSE services;
      7. h. Specify the CSE unit will collect overdue support to repay past IV-A or IV-E foster care maintenance.
      8. i. Contain any other information deemed appropriate by the State Department.
   3. 4. The county Low-Income Child Care Assistance unit must provide written notice to the person whose IV-A grant or IV-E foster care eligibility is discontinued, if continued cooperation with the CSE Unit will be required due to the receipt of Low-Income Child Care Assistance within five days of referral from any of these referenced programs. The county Low-Income Child Care Assistance Program must also notify the county Child Support Enforcement Unit within the same time frame.

B. Application Cases

1. 1. Persons who do not receive public assistance or continued CSE services may apply for full CSE services by completing CSE-6, Application for Child Support Enforcement Services, as prescribed by the State Department. Applications for child support services shall be readily accessible to the public. If the county department has elected to require Low- Income Child Care Assistance recipients to cooperate with the CSE Unit, the recipients must complete the State prescribed application for Child Support Enforcement services. Applications will not be accepted if all of the children associated with a specific obligee and obligor are emancipated, as defined in the existing child support order and the laws of the state where the child support order was entered. This same requirement applies to new interstate referrals sent to Colorado from another initiating state or jurisdiction.
   1. 2. Upon application, the services established for IV-A recipients to locate, establish paternity of a child (or children), establish court orders for child support, review and modify orders for child support, and secure support from noncustodial and/or alleged parents shall also be made available on behalf of children who are or were deprived of parental support due to the absence of a parent or parents, but, for other reasons, are not recipients of IV-A, including those children who are receiving foster care services from funds other than Title IV-E of the Social Security Act.
   2. 3. The application on behalf of the child for child support enforcement services may be made by either of the child's parents (custodial or non-custodial), an alleged father, legal guardian, or other person or agency.
   3. 4. When the applicant is not a parent of the child, a CSE-6 application for child support services must be obtained for each noncustodial parent.
   4. 5. Requests for Application
      1. a. When an individual requests an application or CSE services in person, the CSE Unit shall provide an application on the day requested.
      2. b. When an individual requests an application by phone or in writing, the application shall be sent by the county CSE Unit within no more than five (5) business days from the date of request.
      3. c. The application shall include the following information:
         1. 1) available services;
         2. 2) the individual's rights and responsibilities;
         3. 3) fees, cost recovery and distribution policies;
         4. 4) case categorization and the information necessary to change the category; and 5) the lack of an attorney-client relationship.
      4. d. The CSE Unit must maintain a log of requests for services which includes the following information:
         1. 1) name of person requesting an application;
         2. 2) type of request (in person, phone, mail);
         3. 3) date of request;
         4. 4) date the application was mailed or provided;
         5. 5) date the application is accepted.
   5. 6. The application for non-PA CSE services shall be made on the form CSE-6, Application for Child Support Enforcement Services, as prescribed by the state department. The standard Application for Child Support Enforcement Services shall include the following elements:
      1. a. The full name of the noncustodial parent;
      2. b. The full name, date of birth, place of birth, sex and social security number of each child for whom support is sought;
      3. c. The signature, address, telephone number, date of birth and social security number of the applicant and date of application.
   6. 7. Acceptance of Applications
      1. a. An application may be filed in any CSE office and shall be forwarded to the appropriate enforcing county within 2 working days of receipt in the original county.
      2. b. An application shall be accepted on the day it and the application fee are received, if one or more of the children associated with a specific obligee and obligor are not emancipated as defined in the child support order and the laws of the state where the child support order was entered.
      3. c. An application shall be accepted as filed on the date it is received in the CSE office if it includes the following information:
         1. 1) applicant's name, address and social security number;
         2. 2) the name of the noncustodial parent(s), if known;
         3. 3) name, birth date, sex, place of birth and social security number, if available, for each child;
         4. 4) applicant's signature.
      4. d. Acceptance of an application involves recording the date of receipt on the application.
   7. 8. Upon application, the county CSE Unit shall collect a fee of twenty dollars ($20) from the applicant prior to the provision of CSE services, except that such fee may be waived in cases where the county director determines that the imposition of such fee would cause undue financial hardship. In the event of such waiver, the county must initially pay the fee from child support enforcement funds. The CSE Unit may then choose to recover the fee from the noncustodial parent. County CSE Units may collect costs incurred in excess of fees. These costs shall be determined on a case by case basis and shall be used to reduce CSE program expenditures.
   8. 9. Effective February 1, 1988, non-PA applicants shall be charged a $25 certification fee for collection of IRS tax refunds only if an actual intercept occurs. The fee shall be deducted from the tax refund intercept and charged in addition to the $20 CSE application fee. The certification fee must be used to reduce CSE program expenditures. If there is more than one tax refund intercept for a case, the $25 certification fee will be charged only once, regardless of the number of noncustodial parents, and will be deducted from the first intercept(s) that occurs. If the total amount of all tax refunds for a case is less than $25, the amount of refunds will satisfy the certification fee.
   9. 10. Effective October 1, 2007, non-PA custodial parties shall be charged an annual $25 service fee once $500 has been disbursed to the family.
      1. The service fee will be reported to the federal government as program income, and will be shared between the federal and county governments.

         The service fee will be collected for each case set in all intrastate and initiating interstate cases on the ACSES if the $500 disbursement threshold is reached.

C. Locate Only Cases Persons who request only absent parent locator service may complete Form CSE-11, Request for Parent Locator Service. The Colorado State Parent Locator Service shall provide such caretaker with instructions for completing the CSE-11 and fees to be paid by the caretaker. A Form CSE-6 is not required.

6.201.3 IV-E FOSTER CARE CASES [Rev. eff. 10/1/09]

A. Appropriately referred IV-E or non-IV-E foster care cases pursuant to Section 7.001.41, I, of the CDHS Social Services staff manual (12 CCR 2509-1) shall be provided the full range of services as required by the Child Support Enforcement program upon referral. Cases that are not appropriate for referral shall not be initiated.

B. Referral is defined as receipt of the referral packet from the county child welfare agency or the date the case appears in the county’s on-line referral list. If the referral is manual, counties must document the date received by the CSE Unit as the referral date on the ACSES.

C. Child support enforcement applications are not required for IV-E foster care cases. A CSE-6 application for child support enforcement services, as prescribed by the State Department, shall be completed by the county department having custody of the child(ren) for all non-IV-E foster care cases. A one-time NPA application fee has previously been paid for all Non-IV-E foster care cases.

6.201.4 LOW-INCOME CHILD CARE ASSISTANCE RECIPIENTS [Rev. eff. 10/1/09]

A. Appropriately referred Low-Income Child Care Assistance cases, pursuant to Section 3.904.1 of the CDHS "Income Maintenance" rule manual (9 CCR 2503-1) shall be provided the full range of services as required by the Child Support Enforcement program upon referral and completion of the State prescribed application form. Referral is defined as receipt of the referral packet from the county Low-Income Child Care Assistance program.

B. The CSE Unit must document the case record with the date of referral, which is the date the CSE Unit received the packet. The CSE Unit must also have a process in place to notify the Child Care Assistance program within five business days after the recipient provides the completed application to the CSE Unit.

6.201.5 MEDICAID REFERRAL CASES [Rev. eff. 10/1/09]

Appropriately referred Medicaid cases shall be provided the full range of services required by the Child Support Enforcement (CSE) program without an application requirement. “Appropriately referred” means that the Medicaid applicant requested CSE services.

6.202 – 6.204 (None)

6.205 CSE Case Processing And Financial Management for Intrastate and Interstate Cases Designation of the county responsible for accepting the Child Support Enforcement application or processing the case, or both, provides for centralized legal and financial activities and prevents duplication of effort and establishment of unnecessary orders for support when an order exists. Provisions pertaining to enforcing county designation and responsibilities shall apply to all new CSE intrastate and interstate cases and for existing cases where there is a dispute regarding an enforcing county issue.

6.205.1 Enforcing County

The enforcing county is the county responsible for processing a case for Child Support Enforcement services, including locating the noncustodial parent, establishment of paternity, establishment and modification of a support order and enforcement of a support order. Enforcing county means the enforcing county on the Automated Child Support Enforcement System. The enforcing county is responsible for financial management of the case.

The enforcing county is also the county responsible for the case for audit purposes. When the noncustodial parent resides outside of Colorado, the enforcing county is the county responsible for initiating an interstate action or appropriate instate action for CSE services. If the noncustodial parent is the only party in the case residing in Colorado and there is no existing court order and no public assistance has been paid in Colorado, the enforcing county will be considered the county where the noncustodial parent resides.

Unless the CSE Units in the interested counties agree or there is enforcing county resolution to change enforcing county designation, the enforcing county remains the enforcing county until the case is closed in accordance with this manual. The enforcing county does not change when the parties in the case relocate.

6.205.11 Enforcing County Resolution

1. When a IV-D unit requests enforcing county designation and the interested CSE Units cannot agree, within 5 calendar days, upon which county should be the enforcing county, the county directors, or their designees, in the counties will resolve the issue. If agreement cannot be reached, the CSE office shall refer the matter to the State Division of Child Support Enforcement for resolution in accordance with the state procedure and prescribed form. The state decision is final and binding on the interested counties.

6.205.2 Enforcement of Order and Financial Management

The enforcing county will enforce the original order and modify it, as appropriate. If an interstate action is received, it will be consolidated into the original order. All Colorado orders for current support, including registered orders, shall be consolidated into the original order or dismissed. Copies of all legal actions, such as modifications, judgments and income assignments are filed with the original order. The noncustodial parent must be instructed to make payments through the original order. When IV-A or costs (maintenance and services) for foster care placement have been expended in another Colorado county or counties, the enforcing county must contact all such counties and, within 10 working days, such counties shall provide the amount of unreimbursed public assistance or the costs for foster care placement to be included in the establishment of an order or to modify an order for UPA or foster care costs reimbursement. The enforcing county is responsible for coordinating arrearage balances of all interested counties.

The enforcing county shall enforce the original order to the extent possible even if the order is in another county. If a court hearing is necessary, the enforcing county may request the IV-D unit in the county of original order to have its CSE attorney appear on behalf of the enforcing county. When requested, the CSE attorney in the order county shall appear on behalf of the enforcing county and represent the case as if it were his/her own county's case.

6.205.21 Original Order

1. The original order is the Colorado divorce decree with an order for current support, if one exists, or the earliest Colorado juvenile support order, if there is no divorce order, or the earliest active Colorado URESA/UIFSA order if no divorce or juvenile support order exists. If a foreign order is registered in Colorado, it is treated as a support order issued by a court of this State.

6.205.22 Change of Venue

1. 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.

6.205.23 Controlling Order

1. 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.

6.205.3 Registration Of Order

In interstate cases, the enforcing county may register a foreign order or enforce administratively, when enforcement is requested by the initiating state.

There shall be no registration of Colorado orders.

6.206 Enforcing County for Child Support Enforcement Cases (Intrastate and Initiated Interstate) For IV-A, foster care, Medicaid referral, Low-Income Child Care Assistance referrals, responding interstate actions, and non-IV-A cases, the enforcing county for a Colorado Child Support Enforcement case is the first county where Child Support Enforcement application or referral was made. The enforcing county will provide the full range of services to the Low-Income Child Care Assistance referral case from another county, even if said county elected not to require the Low-Income Child Care Assistance recipients in its county to cooperate with the Child Support Enforcement Unit. When there is a prior enforcing county, the county of new application or referral will assist in the completion of the application, interstate and other necessary documents. The county of residence will forward the application, documents and fee to the enforcing county, as appropriate, utilizing the form as prescribed by the state department. The county of new application or referral must contact the enforcing county to determine which of the counties will be the enforcing county. For a Low-Income Child Care Assistance referral case, the Low-Income Child Care Assistance Program unit will deal directly with the CSE Unit located in its county. The CSE Unit will then communicate with the enforcing county.

6.207 Enforcing County for Responding Interstate Cases [Rev. eff. 8/10/11]

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.

6.208 - 6.209 (None)

6.210 Safeguarding And Protecting Confidential Information

All information contained in electronic or paper case files of the Child Support Enforcement program concerning the name(s) or identifying information of custodial parties, noncustodial parents, or children shall be considered confidential and shall be protected, except when otherwise provided for in this section.

6.210.1 Release Of Information

6.210.11 Before any information is released and before any discussion is held with any individual or entity concerning an individual case, the requestor’s identity must be verified and the purpose of the contact or request must be confirmed. If the request is made by fax, phone or Internet, information shall not be released until the requestor’s identity has been verified by requiring the requestor to provide unique identifying information such as Social Security Number, dates of birth for self or child(ren), court case number, child support case number, or Family Support Registry account number.

6.210.12 Child Support Enforcement workers shall release the name, mailing and/or residential address, Social Security Number, place of employment, day care amount, income, health insurance information, and date of birth of custodial parties, noncustodial parents or children, and establishment or enforcement information concerning the legal obligation for support only in the following circumstances:

1. A. When clarification of information is required to provide the next appropriate Child Support Enforcement service authorized in Colorado law and described in the Child Support Enforcement state plan. For example, if a worker from a clerk and recorder’s office calls to clarify information contained in a Child Support Enforcement Unit’s request for a lien to be placed on real property, the child support worker may confirm what action is being requested of the clerk and recorder.
   1. B. In the administration of the plan or any program approved under Part A (Temporary Assistance to Needy Families), Part B (Child Welfare), Part D (Child Support Enforcement), Part E (Foster Care) or Part F (Child Care Services) or Titles XIX (Medicaid) or XX (Social Services) of the Social Security Act, which is partially or fully funded by state or federal funds and provides assistance, in cash or in-kind, or services directly to individuals on the basis of need, including data which is necessary for fraud investigation or audit.
   2. C. To assist any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such state plans or programs.
   3. D. To report to the appropriate state or county department staff information that has been reported, to a Child Support Enforcement worker, of suspected mental or physical injury, sexual abuse or exploitation, or negligent treatment of a child when circumstances indicate that the child’s health or welfare is threatened.
   4. E. In response to a request received from a party to the action or his/her attorney of record. Each party may verify the accuracy of the information related to him/her that is in the possession of the Child Support Enforcement Unit. If the requestor is shown as a child on the case action, even if the child has since reached the age of emancipation, that requestor is not a party to the action and the information shall not be released except upon issuance of a court order.
   5. F. To provide statutorily required information to the court on child support orders and other documents that are completed by the CSE Unit and then filed with the court, unless there has been a court order of non-disclosure entered to suppress such information on that particular party.
   6. G. To inform the parties of information regarding the amount of public assistance benefits paid to the family which could be used in an administrative or court proceeding to establish or enforce an order for the past assistance.

6.210.13 Disclosure

1. Disclosure of any Child Support Enforcement case information is prohibited in the following circumstances:
   1. A. At the request of all private collection agencies, unless the requesting agency is a state or county contractor and bonded as required by state or federal statute.
   2. B. In response to a written complaint from the party (constituent) received by a legislator. Child Support Enforcement Units may provide only information which indicates what progress is being made on the case or what action has or will be taken to move the case forward.
   3. C. At the request of any attorney who is not the attorney of record as reflected on the automated child support system or in the court files.
   4. D. At the request of a current spouse even if that spouse has a notarized statement from the noncustodial parent.
   5. E. Any information received from the Internal Revenue Service that has not been verified by an independent source. Such information can only be released to the taxpayer.
   6. F. Information obtained through the State Income and Eligibility Verification System (IEVS) shall not be disclosed to anyone. The information shall be used exclusively by the Child Support Enforcement program.
   7. G. Disclosure to any committee or legislative body (federal, state, or local) of any information that identifies any party to the action by name or address.
   8. H. Genetic test results can only be released to the parties of the action. Pursuant to Sections 19- 1-308 and 25-1-122.5, Colorado Revised Statutes, the parties are prohibited from disclosing the information to anyone else.
   9. I. The information obtained from the access of records using the Social Security Number, pursuant to Section 14-14-113, C.R.S., shall only be used for the purposes of establishing paternity or child support ordered, modifying or enforcing child support orders.
   10. J. Upon receipt of a non-disclosure affidavit and required documentation from either party, the county child support enforcement worker shall create the request for ruling regarding non-disclosure and the request shall be forwarded to the court of jurisdiction along with the motion/order for non-disclosure. In this instance an individual’s identity or location can be released only upon receipt of a court order requiring the override of the order of non- disclosure. When the court orders non-disclosure, the county child support worker shall update the non-disclosure indicator on the automated child support system within five working days of the date of receipt of the court order. Interstate cases will be handled as follows:
       1. 1. Initiating Interstate Cases: Treated the same as an in-state case with the exception that the court order will be sent to the responding state along with the other required interstate forms.
       2. 2. Responding Interstate Cases: If the initiating state indicates that there is a nondisclosure granted in that state, the county child support worker shall update the non-disclosure indicator on the automated child support system within five working days of the date of receipt of the court order.

6.210.14 Credit Reporting – Limited Point of Contact

1. The Fair Credit Reporting Act, which governs credit reporting agencies, requires a limited point of contact between credit reporting agencies and users of credit information. When a Child Support Enforcement Unit receives a request for credit status information from a lender, an underwriter, a mortgage company, a credit verifier, an obligor or from a credit reporting agency, the request shall be forwarded to the Colorado Department of Human Services, Division of Child Support Enforcement, which shall respond to the request for information or to the request for confirmation or clarification of information submitted to credit reporting agencies by the Child Support Enforcement program. All requests for credit reporting status letters shall be forwarded to the Colorado Department of Human Services, Division of Child Support Enforcement.

6.210.15 Credit Reporting – Arrears or Payoff Requests

1. If the Colorado Department of Human Services, Division of Child Support Enforcement, requests arrears or payoff information as referenced in Section 6.210.14, the Child Support Enforcement Unit shall provide the information within two (2) working days, as required at Section 6.902.19.

6.210.2 Payment Records

Child support payment records are considered public records and can be released upon request of any person pursuant to Section 24-72-202, C.R.S. No address or any other location information shall be included in the documents provided to the requestor.

6.210.3 Conflict of Interest

Child Support Enforcement Units shall establish processes in which certain case files are worked only by a supervisor or in a manner that provides limited access to case information. An example of these files: employee files or court ordered “sealed” files. Any employee with a personal interest in a case, including but not limited to his/her own case or a case of a relative or friend, shall not engage in any Child Support Enforcement activity related to that case.

6.210.4 Records

6.210.41 Taxpayer Records

1. Federal tax return information obtained from the Internal Revenue Service shall be safeguarded to comply with Internal Revenue Service safeguarding standards, which include storing information in a locked cabinet or by shredding the information. Disclosure of, or access to, unverified data shall be restricted to individuals directly involved in the administration of the Child Support Enforcement program. “Unverified” means information which has not been independently verified with the taxpayer or through a third party collateral source. While obtaining verification of locate information, the Child Support Enforcement worker shall not divulge the source of the data being requested for verification.

6.210.42 Financial Records

1. All financial records of an individual are to remain confidential. Any person disclosing such information could face civil damages.

6.210.5 Adoption Information

Adoption information such as adoptive parents’ names, biological parents’ names, or other identifying information shall not be data entered on the Automated Child Support Enforcement System. The date of adoption or relinquishment shall be documented in the case file to indicate that any prior arrears owed could be assigned to the state.

6.210.6 Access to Information

6.210.61 No on-line computer access to electronic records through the Automated Child Support Enforcement System will be provided to parties or non-parties.

6.210.62 Access to the Automated Child Support Enforcement System for any personal reason is prohibited. Access is restricted to business use only and can only be accessed in the usual course of business.

6.210.63 County directors of social services or their written designee shall establish written processes to assure that system access is only provided to employees which corresponds to each workers' case assignment.

6.210.64 No other division within the state department shall have access to the Automated Child Support Enforcement System without specific approval from the state Division of Child Support Enforcement. Child Support Enforcement information will be released by granting access to specific Automated Child Support Enforcement System data elements or by making an extract file of case information available, at the state level, for other programs to access.

6.210.65 County directors or their written designees must request from the state Child Support Enforcement Unit access to Automated Child Support Enforcement System, for companies or individuals who have entered into contracts or agreements with state and/or county Child Support Enforcement Units, by including the request to access case information in the contract or agreement.

6.210.66 State and county Child Support Enforcement Units must perform a background check on all employees prior to authorizing access to Child Support Enforcement information. The background check must include a criminal record check to obtain any criminal history and a Colorado civil court record check to obtain any child support case history of the employee.

6.210.67 All information eligible for release to related agencies (such as Internal Revenue Service, lottery, Department of Labor, credit reporting agencies, State Revenue, Motor Vehicle, Workers' Compensation, financial institutions, state regulatory agencies, the state controller, and Social Security) will be made available at the state level.

6.210.7 Access to Electronic Vital Records Maintained by the Colorado Department of Public Health and Environment (CDPHE)

1. A. In order to be granted access to the electronic vital records system maintained by the Colorado Department of Public Health and Environment (CDPHE), an employee of a county delegate Child Support Enforcement Unit must complete and provide to CDPHE a criminal background check and all required forms.
   1. B. Each county delegate Child Support Enforcement Unit must complete a safeguard assessment for each location where employees will be accessing the electronic vital records system using the form prescribed by CDPHE. The safeguard assessment will be completed on a yearly basis thereafter.
   2. C. Each county delegate Child Support Enforcement Unit shall ensure that its employees access the electronic vital records system maintained by CDPHE only for child support enforcement purposes.
   3. D. If a current or former child support enforcement employee’s access to the electronic records system maintained by CDPHE is terminated or needs to be terminated due to a change of employment or job duties, the county delegate Child Support Enforcement Unit shall notify CDPHE and the Colorado Department of Human Services, Division of Child Support Enforcement, within two (2) business days. The county delegate Child Support Enforcement Unit shall request that access to the electronic vital records system be terminated when an employee no longer needs access for child support enforcement purposes. However, if there is an emergency situation involving a security breach, the county delegate Child Support Enforcement Unit shall notify CDPHE of the need to terminate access, at least on a temporary basis, by the end of the next business day following discovery of the breach. A security breach is defined in the access agreement signed by county delegate child support enforcement staff.
   4. E. If a county delegate Child Support Enforcement Unit determines that the electronic vital records system has been accessed or may have been accessed for non-child support enforcement purposes or accessed by anyone not authorized to do so, it shall report this to CDPHE and the Colorado Department of Human Services, Division of Child Support Enforcement, by the end of the next business day following discovery.
   5. F. A county delegate Child Support Enforcement Unit shall cooperate with any investigation into a security breach relating to the electronic vital records system, including providing any documentation requested to CDPHE and the Colorado Department of Human Services, Division of Child Support Enforcement.

6.220 (Reserved for future use)

6.230 Cooperation by Custodial Party

6.230.1

Good cause is defined as circumstances under which cooperation with the Child Support Enforcement Unit may not be "in the best interests of the child." In the case of a IV-A referral, the county director or the designate IV-A staff shall make the determination of good cause exemption from referral of a custodial party to the Child Support Enforcement Unit. In the case of a Low-Income Child Care Assistance referral, the county director or designee shall make the determination of good cause exemption from referral to the CSE Unit. The Child Support Enforcement Unit may provide information or participate with the county director or designate IV-A or Low-Income Child Care Assistance staff, as appropriate, to make the determination of good cause exemption. As a condition of continuing eligibility for assistance or to comply with part of the foster care treatment plan, unless exempted for good cause, the custodial party is required to make a good faith effort to provide information about the noncustodial parent(s) of the child(ren) to the Child Support Enforcement Unit. A good faith effort is defined as providing all the information he or she has or can reasonably obtain as required in the following sections. The custodial party is required to cooperate with the county Child Support Enforcement Unit in:

6.230.11 Providing sufficient, verifiable information about the identity and location of the noncustodial parent(s) of the child(ren). Information is sufficient if it includes:

1. A. Noncustodial parent's full name and Social Security Number; or, B. Noncustodial parent's full name and at least two of the following items:
   1. 1. noncustodial parent's date of birth;
      1. 2. noncustodial parent's address;
      2. 3. noncustodial parent's telephone number;
      3. 4. noncustodial parent's employer's name and address;
      4. 5. the names of the parents of the noncustodial parent; ;
      5. 6. noncustodial parent's vehicle information (manufacturer, model and license);
      6. 7. noncustodial parent's prison record;
      7. 8. noncustodial parent's military record; or,
   2. C. Noncustodial parent's full name and additional information which leads to the location of the noncustodial parent, or if unable to comply with any of the above.
   3. D. Provide all of the following that the custodial party has or can reasonably obtain that may lead to the identity of noncustodial parent:
      1. 1. if paternity has not been established, provide a sworn statement of sexual intercourse between the alleged father(s) and the custodial parent of the child during probable period of conception;
      2. 2. statements as to the identity or location of noncustodial parent from other individuals;
      3. 3. records or information as to the whereabouts of records, from specific agencies;
      4. 4. utility bills, parking tickets, credit card receipts, etc., that contain information about noncustodial parent;
      5. 5. telephone numbers or addresses of others who knew the noncustodial parent;
      6. 6. sworn statement documenting efforts taken by custodial party and obstacles encountered by custodial party in pursuit of information about the noncustodial parent;
      7. 7. any other information that may assist the CSE Unit in identifying or locating the noncustodial parent.

6.230.12 Establishing parentage of children for whom parentage has not been legally established or is in dispute and for whom assistance or foster care services is requested or provided.

6.230.13 Establishing orders for financial and medical support.

6.230.14 Obtaining support payments for the recipient/applicant and for each child for whom assistance or foster care services is requested or provided, and to which the department is entitled to collect pursuant to the assignment of support rights.

6.230.15 Obtaining any other payments or property to which the custodial party and/or each child for whom assistance is provided may be entitled, and to which the department is entitled to collect, pursuant to the assignment of support rights.

6.230.16 Obtaining and establishing medical support for each child, when available to the custodial party or noncustodial parent at reasonable cost. Medical support is not reasonable in cost if the health insurance premium amount, when applied to the child support guidelines, results in a child support order of fifty dollars or less, or a premium payment that is twenty percent or more of the obligor's gross income. A noncustodial parent has the right to object to the enforcement of medical support should s/he contest the reasonableness of the health insurance premium amount. Upon receipt of a written objection, the delegate CSE Unit must recalculate the premium amount based on the child support guidelines. If this amount exceeds reasonable cost as defined above, the CSE Unit must send a notice of termination of health insurance (CSE 515) to the noncustodial parent's employer with a copy to the noncustodial parent. The CSE Unit must also notify the noncustodial parent if the objection is denied, because the premium amount meets the requirement for being reasonable.

6.230.17 Recipients in Medicaid referral cases must cooperate with the CSE Unit for services related to paternity establishment, and establishment and enforcement of medical support. Recipients in Medicaid referral cases are not required to cooperate with any other provision of CSE services.

6.230.2 “Cooperation", as used in this context, is defined as, but not limited to:

6.230.21 Appearing at the county department of social services office or other related agency to provide verbal and/or written information, or documentary evidence that is known by, in the possession of, or reasonably obtainable by the individual and which is relevant and necessary;

6.230.22 Appearing as a witness in court or other relevant hearing or proceeding;

6.230.23 Providing information or attesting to the lack of information requested, under penalty of perjury;

6.230.24 Submitting to genetic tests during an administrative or court proceeding conducted to determine parentage;

6.230.25 Paying to the CSE Unit of the county department of social services all child support payments received from a noncustodial parent or a court after being determined eligible for IV-A or foster care services; and,

6.230.26 Signing legal documents, as appropriate.

6.230.3

The county IV-D administrator, or a designee, is responsible for making the determination of whether a PA, Medicaid, foster care, or Low-Income Child Care Assistance recipient has cooperated with the CSE Unit for the purposes of establishing and enforcing child support.

6.230.4

The county CSE Unit shall notify immediately the IV-A unit, foster care unit, Low-Income Child Care Assistance unit, or Medicaid unit of any IV-A recipient, foster care placing parent, Low-Income Child Care Assistance recipient, or Medicaid referral case recipient who fails to fulfill the cooperation requirements of this section. The notification shall describe the circumstances of the non-cooperation and the date(s) upon which it occurred. For Low-Income Child Care Assistance recipients, the notice will be the 60 day advance notice of case closure for non-cooperation described in Section 6.260.52, B. The county CSE Unit will not attempt to establish paternity and support or collect support or third party information for medical support in those cases where the custodial party is determined to have good cause for refusing to cooperate.

6.230.5

After the CSE Unit has notified the IV-A, foster care, Low-Income Child Care Assistance or Medicaid units of the custodial party's failure to cooperate, the custodial party may decide to cooperate rather than face penalties with the assistance grant, Medicaid, Low-Income Child Care Assistance or foster care treatment plan. Should this occur, the CSE Unit shall provide notification to the IV-A, foster care, Low-Income Child Care Assistance or Medicaid units that the custodial party is now cooperating. The CSE Unit shall provide the notification to the IV-A, foster care, or Medicaid units within two (2) working days from the date the custodial party cooperated with the CSE Unit.

6.230.6 Request for Review Through Title IV-A

When the custodial party requests a review through IV-A of the determination that he/she has failed to cooperate with the CSE Unit, the county IV-D administrator, or a designee, shall appear at the IV-A dispute resolution conference and/or state level hearings to provide information concerning the basis for the determination that the custodial party has failed to cooperate with the CSE Unit.

6.230.7 Request for Review Through Child Care Assistance Program

If a Low-Income Child Care Assistance recipient requests a review though the Child Care Assistance Program to determine whether or not she should be granted a good cause exemption from cooperation with the Child Support Enforcement Unit, the county CSE administrator shall provide to the Low-Income Child Care Assistance Program any information in the possession of the CSE Unit which may support a good cause exemption.

6.240 Functions to be Performed by the CSE Unit

6.240.1

For all public assistance and non-public assistance cases, the Child Support Enforcement Unit shall perform the following functions, as necessary, and consistent with caseload categorization:

6.240.11 IV-A, Medicaid, and foster care units must interface with the Child Support Enforcement Unit. Activities which are associated with communicating with the IV-A, Medicaid, or foster care services worker, including, but not limited to, custodial party non-cooperation , receipt of support collections, payments made to the family, and the location of noncustodial parents;

6.240.12 Intake [Rev. eff. 10/1/96]

1. Activities which are related to obtaining necessary information to process the case and determining the availability of health insurance coverage from the noncustodial parent.

6.240.13 Locate

1. Activities which are related to locating a noncustodial parent, his/her assets, and his/her place of employment.

6.240.14 Establishing the Legal Obligation to Support [Rev. eff. 10/1/09]

1. Activities which are related to determining the noncustodial parent's legal obligation to support his or her dependent children and/or activities which are related to determining the placing parent’s obligation to reimburse the cost of foster care placement for his or her child in foster care placement. This includes activities related to establishing:
   1. A. Child support debt;
   2. B. Foster care fee debt;
   3. C. Both parent's ability to provide support;
   4. D. The amount of the child support obligation;
   5. E. Health insurance coverage;
   6. F. Retroactive support due.

6.240.15 Parentage Determination [Rev. eff. 1/1/86]

1. Activities which are related to determining the existence of the relationship between a child and its natural or adoptive parents incident to which the law confers or imposes rights, privileges, duties, and obligations. Such relationship includes the mother and child relationship and the father and child relationship, regardless of the marital status of the parents.

6.240.16 Collection [Rev. eff. 10/1/96]

1. Activities which are related to monitoring payment activities, processing cash flow, identifying noncustodial parents who have failed to pay, and allocating, distributing and disbursing support collections as prescribed in Sections 6.805.1, 6.805.2, and 6.805.3.

6.240.17 Enforcement [Rev. eff. 1/1/86]

1. Activities which are related to obtaining support collections.

6.240.18 Investigation

1. Activities which are related to investigation necessary to accomplish the foregoing child support enforcement functions; and

6.240.19 Reporting available health insurance coverage that is available to noncustodial parents for the children under assignment to the IV-A or foster care units.

6.240.20 Reviewing current support orders for a potential adjustment in the amount or the current support obligation. The review shall include determining if the child(ren) included in the support order has reached the age of emancipation.

6.250 Provision Of Services In Interstate Iv-D Cases By CSE Units

6.250.1 Initiating State/Jurisdiction Responsibilities

6.250.11 When applicable, use long arm statutes to establish paternity or support. Also, determine if enforcement or establishment action can be completed through an instate action such as service of process on a registered agent or direct income withholding to the noncustodial parent's out of state source of income.

1. Within 20 calendar days of locating the noncustodial parent in another state, determine if the filing of an interstate action is appropriate and refer the interstate filing to the Interstate Central Registry of the appropriate state.

6.250.12 The 20-day time frame begins on the date referral is needed and/or necessary documentation to process the case is received, whichever date is later. UIFSA petitions and other actions, including requests for locate, document verification, IRS offset administrative reviews, and state income tax refund offset are to be sent directly to the interstate central registry of the appropriate state.

6.250.13 Provide sufficient and accurate information on appropriate standardized interstate forms with each action referred to enable responding state to take action. The Interstate Child Support Enforcement Transmittal form and other standardized interstate forms, as prescribed by the state, shall be used for each interstate action request.

6.250.14 Request the responding state include health insurance in all new orders for support.

6.250.15 Request the responding state include health insurance in all modifications to existing court or administrative orders.

6.250.16 Within 30 calendar days of request, provide additional information or notify the requesting office when information will be provided.

6.250.17 Within 10 working days of receipt of new case information, submit information to the CSE office in the responding state. New information includes case status change or any new information that could assist the other state in processing the case.

6.250.18 [Rev. eff. 8/10/11]

1. Notify the responding state when a case is closed and the reason for closure.

6.250.19 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 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.

6.250.22 Ensure that organizational structure and staff are adequate to provide services in interstate CSE cases.

6.250.23 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.

6.250.24 Within 75 calendar days of receipt of the interstate case, provide necessary locate services, request necessary additions or corrections to the forms or documentation in order to act on the case and process the interstate case to the extent possible, pending action by the initiating state.

6.250.25 County of Residence [Rev. eff. 8/10/11]

1. 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. 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. 8/10/11]

1. 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.

6.250.27 [Rev. eff. 10/1/09]

1. Provide all necessary CSE services as would be provided in instate IV-D cases by:
   1. 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;
   2. B. Establishing child support obligations;
   3. C. Petitioning to include medical support in all new orders for child support;
   4. D. Processing and enforcing orders referred by another state, pursuant to the UIFSA or other legal processes;
   5. 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;
   6. 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.
   7. G. Determining the controlling order as defined by Section 14-5-207, C.R.S.

6.250.28 [Rev. eff. 8/22/88]

1. 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.

6.250.29 [Rev. eff. 10/1/90]

1. 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.
   1. 6.250.291 Notify the initiating state when a case is closed.

6.250.3 Payment and Recovery of Costs in Interstate IV-D Cases [Rev. eff. 8/10/11] 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.

6.260 Case Management

6.260.1 CSE Case Definition

A CSE case is defined as a noncustodial parent who has a duty, or has been alleged to have a duty, of support (not necessarily a court order) whether or not there has been a collection of support. If the noncustodial parent is responsible for the support of children in more than one family, the noncustodial parent is considered as a separate case with respect to each separate family.

6.260.2 Case Records

6.260.21 Case Record Procedures

1. County CSE Units shall establish procedures to ensure that all appropriate functions and activities related to opening a case record are undertaken and completed within the time frames specified. The time frames begin on the date of referral or acceptance of an application and end when the case is ready for the next appropriate activity, e.g. locate, establishment of paternity, establishment of a support order, or enforcement. All activities must be documented on ACSES within five working days.

6.260.22 Opening a Case

1. Within 20 calendar days of receipt of an application or referral of a case,the CSE Unit must:
   1. A. Open a case by initiating a case record on ACSES by following established procedures.
   2. B. For IV- A inter-county transfer cases, the new county must initiate the case on ACSES within 5 working days of referral from IV-A in the new county.
   3. C. Determine necessary action needed.
   4. D. Solicit necessary information from the custodial parent or other sources.
   5. E. Initiate verification of information.
   6. F. If location information is inadequate, refer the case for further location.

6.260.23 Maintenance of Records

1. A. For all PA and NPA cases, the CSE Unit shall maintain a case record for each noncustodial or alleged parent which contains all information collected pertaining to the case. Such information shall include, but is not limited to the following:
   1. 1. A chronological listing of information maintained on ACSES. Such information shall include:
      1. a. Any contacts with the recipient of IV-A, or a Low-Income Child Care Assistance recipient, or foster care placing parent who is required to cooperate with the CSE Unit, the date and reason, and the results of such contact;
         1. b. Any contacts with the non-PA or Low-Income Child Care Assistance custodial party for Child Support Enforcement services, the date and reason, and the results of such contact;
         2. c. Any contacts with the noncustodial parent, the date and reason therefore, and the results of such contact;
         3. d. Actions taken to establish or modify a support obligation, establish child support debt, establish parentage, or enforce a support obligation, the dates and results;
         4. e. Identification of the reason for and date of case closure; and f. Any other significant actions taken regarding the case as deemed necessary for caseload documentation and management.
      2. 2. The referral document received from the IV-A or foster care units, or the Application for Child Support Enforcement Services form;
      3. 3. The written request from the recipient/applicant to terminate CSE services;
      4. 4. Information Concerning Absent Parent form, as prescribed by the State Department or similar county created form;
      5. 5. A record of efforts to utilize local locate resources and the dates and results of these efforts;
      6. 6. A copy of the court or administrative order;
      7. 7. A copy of communications to and from the IV-A or the foster care program;
      8. 8. A copy of communications to and from the state department;
      9. 9. A copy of communications to and from other CSE Units or agencies;
      10. 10. A record of case categories and priorities assigned and reassigned to the case, the date of such determination, and identification of the individual who made the determination;
      11. 11. A copy of notices to the noncustodial parent and decisions concerning contested arrears.
   2. B. CSE staff shall change case categories as prescribed by the state immediately on ACSES when the case is ready for the next activity in order to provide documentation that the time frames have been met.

6.260.3 Categorization of Workload

6.260.31 The CSE Unit shall provide equal services to PA, NPA cases and cases referred from other states.

6.260.32 The CSE Unit may utilize a case assessment and category system. Such system shall:

1. A. Include all cases in the system.
   1. B. Ensure that no service including location, establishment of paternity, establishment and enforcement of support obligation is systematically excluded by the system.
   2. C. Provide for notice to the custodial party that the information provided to the CSE Unit, either initially or subsequently, may affect the relative category of the case.
   3. D. Provide that case assessment and category setting shall occur only after the intake information has been reviewed for accuracy and completeness and an attempt has been made to obtain the missing information.
   4. E. Provide for periodic review of cases and notification to the custodial party in those cases that new information may result in a category change for the case.

6.260.33 The CSE Unit shall modify the category of cases as case conditions change.

6.260.4 (None)

6.260.5 Closure of Cases

6.260.51 Notice and Reasons for Closure [Rev. eff. 8/10/11]

1. 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.
   1. A. There is no longer a current support order and either no arrearages are owed or arrearages are under $500 or unenforceable under state law.
   2. B. The noncustodial parent or putative father is deceased and the death has been verified through sources such as:
      1. 1. A newspaper obituary;
      2. 2. A death certificate;
      3. 3. Contact with the funeral home;
      4. 4. The custodial party's statement has been recorded in the case record; or, 5. The Social Security Death Index, and no further action, including a levy against the estate, can be taken.
   3. C. The Child Support Enforcement Unit determines that parentage cannot be established because:
      1. 1. The child is at least 18 years old and the action is barred by a statute of limitations;
      2. 2. The results of genetic testing have excluded the alleged parent as the father of the child;
      3. 3. A court or administrative process has excluded the alleged father;
      4. 4. The Child Support Enforcement Unit determines it is not in the best interest of the child to establish paternity in a case involving incest, rape, or in any case where legal proceedings for adoption are pending;
      5. 5. The identity of the biological, alleged, putative, or presumed father is unknown and cannot be identified after diligent efforts, including at least one interview by the Child Support Enforcement Unit with the custodial party; or, 6. The child(ren) in the case has had his/her adoption finalized.
   4. D. The noncustodial parent's location is unknown and the Child Support Enforcement Unit has made diligent efforts using multiple sources, pursuant to Section 6.500, all of which have been unsuccessful in locating the noncustodial parent:
      1. 1. Over a three-year period when there is sufficient information to initiate an automated locate effort; or, 2. Over a one-year period when there is not sufficient information to initiate an automated locate effort. Sufficient information is defined as a name and Social Security Number.
         1. All cases in the Child Support Enforcement caseload will be transmitted from the state case registry to the federal case registry. One step in the transmission will be to submit the case to the Enumeration Verification System (EVS) which will assist in identifying and verifying a Social Security Number.
   5. E. The noncustodial parent cannot pay support for the duration of the child's minority because the parent has been institutionalized in a psychiatric facility, is incarcerated with no chance for parole, or has a medically verified total and permanent disability with no evidence of support potential. The Child Support Enforcement Unit must determine that no income or assets are available to the noncustodial parent which could be levied or attached for support.
   6. F. The noncustodial parent is a citizen of, and lives in, a foreign country, and does not work for the United States government or a company which has its headquarters or offices in the United States and the noncustodial parent has no reachable domestic income or assets and the state has been unable to establish reciprocity with the foreign country.
   7. G. The initiating jurisdiction has requested in writing that the interstate case be closed. The 60 day advance notice of closure is not required for these cases.
   8. H. The Child Support Enforcement Unit documents failure by the initiating state to take action which is essential for the next step in providing services.
   9. I. If a case was closed and then subsequently reopened to process child support payments received after case closure, the case should be closed once payment processing is completed. The 60-day advance notice of closure is not required for these cases.
   10. J. There has been a change in legal custody in the case.
   11. K. The custodial parent is deceased.
   12. L. The responding jurisdiction does not have statutory authority to take the next appropriate action in the case.

6.260.52 Closure of Non-Public Assistance Cases

1. Non-public assistance, including Low-Income Child Care Assistance, cases may be closed for one of the following reasons or the closure reasons in Section 6.260.51. Unless otherwise noted, case closure requires a 60-day advance notice of closure to the custodial party. If a Low-Income Child Care Assistance case is closed the county CSE Unit must notify the appropriate county Low-Income Child Care Assistance Program.
   1. A. The Child Support Enforcement Unit is unable to contact the custodial party within a 60 calendar day period despite an attempt of at least one letter sent by first class mail to the last known address. If contact is reestablished with the custodial party in response to the notice which could lead to the establishment of paternity or support, or enforcement of an order, the case must be kept open. After a notice of case closure has been sent, if the custodial party reports a change in circumstances within the 60 days contained in the advance notice of closure, the case shall remain open or be reopened without payment of an additional application fee.
   2. B. The Child Support Enforcement Unit documents non-cooperation of the custodial party and that cooperation of the custodial party is essential for the next step in providing support enforcement services. If a Low-Income Child Care Assistance recipient fails to cooperate, then the county CSE Unit shall send the advance notice of closure to the recipient and to the appropriate county Child Care Assistance Program. The notice shall include the basis of the recipient's failure to cooperate and the dates on which it occurred.
   3. C. The applicant requests closure of the case in writing and there are no arrears owed to the State. The 60 day advance notice of closure is not required for these cases.
   4. D. The Child Support Enforcement Unit has provided location only services as requested. The 60 day advance notice of closure is not required for these cases.
   5. E. The status of the case has changed from non-public assistance to public assistance. The 60 day advance notice is not required for these cases.

6.260.53 Closure of Public Assistance Cases

1. Public assistance cases may be closed for one of the following reasons or the closure reasons in Section 6.260.51. Unless otherwise noted, case closure requires a 60 day advance of closure (CSE-211) to the custodial party.
   1. A. The 60 day advance notice of closure is not required for these cases. There has been a finding by the county director or designated IV-A staff of good cause or other exceptions to cooperation with the Child Support Enforcement Unit and the county has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative.
   2. B. The public assistance case has been closed and all possible assigned arrearages have been collected. The arrearage balance is $500 or less. The Child Support Enforcement Unit is no longer providing services for the current monthly support obligation. The 60 day advance notice of closure is not required for these cases.
   3. C. The public assistance case has been closed, the obligor owes no public assistance arrearages, and a case has been subsequently opened as a Child Support Enforcement non-public assistance case. The 60 day advance notice of closure is not required for these cases.
   4. D. The public assistance case has been closed, there is no order for child support, child support debt, medical coverage, foster care fees, and where, pre 1984, the custodial parent did not request continued child support services (by signing the CSE-34), or post-1984, the obligee requested closure of his/her child support case in writing. The 60 day advance notice of closure is not required.

6.260.54 Closure of Foster Care Cases [Rev. eff. 10/1/09]

1. A. In addition to the same closure reasons as public assistance cases under Section 6.260.53, foster care fee cases may also be closed because:
   1. 1. The child(ren)'s foster care placement has been terminated; and, 2. There is no longer a current support order; and, 3. Either no arrears are owed or arrearages are under $500 or unenforceable under state law.
   2. B. If the child(ren) is in foster care placement, a foster care fee or foster care child support case may be closed:
      1. 1. If there is an order terminating parental rights; and, 2. There is no longer a current support order; and, 3. Either no arrears are owed or arrearages are under $500 or unenforceable under state law.

         A sixty day advance notice of closure is required to close a foster care child support case, but is not required to close a foster care fee case.

6.260.55 Closure of Caretaker Relative Cases

1. Child support staff shall not close, at the request of the caretaker relative, one of the two cases against biological parents in caretaker relative cases where each of the biological parents have child support cases.

6.260.6 MICROFILM

6.260.61 Certified microfilm of the case records may be substituted for the original case records upon prior written approval by the State Department.

6.260.62 Such approval may be granted when the Child Support Enforcement Unit provides the state department with the methods and procedures that conform to federal standards for microfilming records.

6.260.7 EXPEDITED PROCESSES FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT

1. ACTIONS

6.260.71 County child support units must develop, have in effect, and use procedures for interstate and intrastate cases which ensure compliance with expedited process requirements. The procedures must include meeting the expedited process time frames for processing CSE actions based upon the following criteria:

1. A. Actions to establish an order for support (and paternity, if not previously established) must be completed from the date of service of process to the time of disposition within the following time frames:
   1. 1. 75 percent in 6 months; and, 2. 90 percent in 12 months.
   2. B. When an order is established using long arm jurisdiction and disposition occurs within 12 months of service of process on the alleged father or noncustodial parent, the case may be counted as a success within the six-month tier of the expedited process time frame, regardless of when disposition actually occurs within those 12 months.
   3. C. Appropriate action to enforce the support order must be taken within 30 calendar days if service of process is not needed, or within 60 calendar days if service of process is needed, of identifying a delinquency or other non-compliance with the order, or location of the absent parent, whichever occurs later.

6.261 REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS

6.261.1 FEDERAL AUTHORITY

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law No. 104-193, 110 Stat. 2105; the Family Support Act of 1998, Public Law No. 100-495, Section 126, 102 Stat. 2343; and the Federal Deficit Act of 2005, Public Law No. 109-171, 120 Stat. 4, require states to have a process for review and adjustment. No amendments or later editions are incorporated in these federal references. A copy is available for inspection at the Colorado Department of Human Services, Division of Child Support Enforcement, 1575 Sherman Street, Denver, Colorado 80203, or the State publications library.

6.261.2 NOTICE OF RIGHT TO REQUEST REVIEW

Both parties or their attorney(s) of record, if any, subject to an order must be notified of their right to request a review.

1. A. The obligee shall receive notification of his/her right to request a review on the Social Services Single Purpose Application (SSSPA), the Child Support Enforcement application for services, and/or on the Administrative Process Orders or Judicial Order forms for cases having a support order established or modified by the Child Support Enforcement Unit. At least every thirty-six months, the obligee or his/her attorney of record shall receive notification of his/her right to request a review via the right to request notice which is automatically generated when a residence or mailing address exists on the obligee's personal record and the order date or the notice date is thirty-six months or older. The obligee (county department) in foster care cases has received a one-time notice of their right to request a review for all foster care cases.
   1. B. The obligor or his/her attorney of record shall receive notification of his/her right to request a review via the right to request notice which is automatically generated when a residence or mailing address exists on the obligor's personal record and the order date or the notice date is thirty-six months or older, whichever is later. The right to request notice generated by the Automated Child Support Enforcement System document generation will automatically be documented in chronology. The obligor or his/her attorney of record shall also receive notification on the administrative process orders or judicial order forms for cases having a support order established or modified by the Child Support Enforcement Unit.
   2. C. The enforcing county delegate Child Support Enforcement Unit must respond to the Automated Child Support Enforcement System's calendar review message indicating the automatic generation of the right to request review notice of each party or his/her attorney of record. The calendar review alerts the worker when a child(ren) has reached the age of emancipation. Within five (5) business days of receiving the calendar review message and the generation of the right to request review notices, the worker must read the active order and determine if the child(ren) included in the order is emancipated pursuant to Section 14-10-115, Colorado Revised Statutes. If the child(ren) is emancipated and is not the last or only child on the order, the worker shall mail a right to request review notice to each party or his/her attorney of record.

6.261.3 CASES SUBJECT TO REVIEW AND ADJUSTMENT

1. A. Either party in cases with an active order may request a review of the order. The request shall include the financial information from the requesting party necessary to conduct a calculation pursuant to the Colorado Child Support guidelines. The requesting party shall provide his or her financial information on the form required by the Division of Child Support Enforcement.
   1. If the requestor fails to provide the necessary financial information with their request, the review process shall not be initiated.
   2. B. The delegate Child Support Enforcement Unit may initiate a review of a current child support order upon its own request.
   3. C. In cases containing an active assignment of rights, the Child Support Enforcement Unit shall review the order at least once every thirty six (36) months to determine if an adjustment of the order is appropriate.
      1. In the case of an automatic review with an active assignment of rights, both parties are considered non-requestors and have twenty days from the date of the review notice to provide the necessary financial information.
   4. D. Only the enforcing county delegate Child Support Enforcement Unit shall assess a request for review of a child support order and deny it or grant it and initiate a review.
   5. E. If the current county receives the written request for review, the request must be forwarded to the enforcing county within five calendar days of receipt of the request.
   6. F. For interstate actions, within fifteen (15) business days of receipt of a written request for review, the enforcing county Child Support Enforcement worker must determine the appropriate state to conduct the review. If it is determined that another state will conduct the review:
      1. 1. The Child Support Enforcement worker shall generate the last two pages of the Interstate Income and Expense Affidavit and send them to the requester within five (5) business days of the determination:
      2. 2. The forms generated from the automated child support system document generation will automatically be documented in chronology.
      3. 3. The requester shall return the last two pages of the Income and Expense Affidavit to the enforcing county within twenty (20) calendar days.
      4. 4. If the requester fails to return the requested documentation within twenty (20) calendar days, the process stops.
      5. 5. Within twenty (20) calendar days of receipt of the information from the requester, the Child Support Enforcement worker shall send it to the other state who is to conduct the review.
   7. G. In interstate cases, if the worker determines that Colorado has authority to conduct the review and modify the child support order, the worker will immediately make the assessment as to whether or not the request for review will be granted or denied pursuant to the standards set forth in paragraph H, below.
   8. H. For in-state cases, the child support enforcement worker shall assess each written request for review received within fifteen (15) business days of receipt by the delegate county Child Support Enforcement Unit.
      1. 1. If it has been thirty-six (36) months or more since the last review or adjustment of the support order, the child support enforcement worker shall begin the review process following the procedures set forth in Section 6.261.4, unless:
         1. a. It is a request for review of a spousal maintenance order;
         2. b. It is a request for the emancipation of a child who has not emancipated in accordance with Section 14-10-115, C.R.S.;
         3. c. There is a pending administrative process action or court action for modification;
         4. d. It is a request for a change in the allocation of parental responsibility or parenting time;
         5. e. The IV-D case is closed; if so, the requester will be advised in writing that s/he may apply for services;
         6. f. The delegate county Child Support Enforcement Unit is enforcing only arrearages;
         7. g. The last or only child is within one year of the legal age of emancipation and the modification process may not be able to be completed before the child reaches the legal age of emancipation; the requesting party will be informed of the right to request a modification through court.
      2. 2. If it has been fewer than 36 months since the last review or adjustment of the support order, the child support enforcement worker shall begin the review process following the procedures set forth in Section 6.261.4, unless:
         1. a. The requester has not provided a reason for such review or the reason for review arises from the circumstances of the requesting party and the requesting party fails to provide supporting documentation or otherwise fails to demonstrate that there has been a substantial and continuing change in circumstances as set forth in Section 14-10-122, C.R.S., with their request;
         2. b. It is a request for review of a spousal maintenance order;
         3. c. It is a request for the emancipation of a child who has not emancipated in accordance with Section 14-10-115, C.R.S.;
         4. d. It is a request for a change in the allocation of parental responsibility or parenting time;
         5. e. There is a pending administrative process action or court action for modification;
         6. f. The IV-D case is closed, if so the requester will be advised in writing that s/he may apply for services;
         7. g. The delegate county Child Support Enforcement Unit is enforcing only arrearages;
         8. h. The last or only child is within one year of the legal age of emancipation and the modification process may not be able to be completed before the child reaches the legal age of emancipation; the requesting party will be informed of the right to request a modification through court.
   9. I. If a request for review of a child support order is denied pursuant to paragraph H, the worker shall inform the requesting party in writing within five (5) business days. The worker shall also document the date of the request and the reason for the denial in the Automated Child Support Enforcement System. If the request is granted the worker shall initiate the review process within five (5) business days pursuant to Section 6.261.4.
   10. J. If a county delegate Child Support Enforcement Unit who is enforcing a current monthly support obligation receives a request for review of a child support order, which does not contain medical support provisions or which contains a request to change the party ordered to provide medical support, the request shall be granted and the review conducted regardless of the date of the last review or adjustment.

6.261.4 CONDUCTING THE REVIEW

1. A. The Child Support Enforcement worker shall send the following documents to the requesting party or his/her attorney of record, except in foster care cases where the requesting party is the county department, at least thirty (30) calendar days prior to commencement of the review:
   1. 1. The Review Notice, and 2. At county option, the county may choose to send the Administrative Subpoena to obtain additional income/financial information.
      1. 3. The forms generated from the automated child support system document generation will automatically be documented in chronology.
   2. B. The Child Support Enforcement worker shall send the following documents to the non- requesting party or his/her attorney of record, except in foster care cases where the non- requesting party is the county department, thirty (30) calendar days prior to commencement of the review:
      1. 1. The Review Notice, 2. The Income and Expense Affidavit, and 3. The Affidavit Concerning the Other Party.
      2. 4. The forms generated from the automated child support system document generation will automatically be documented in chronology.
   3. C. The Child Support Enforcement worker shall conduct the review on or before the thirtieth calendar day following the date the Review Notice is sent to the parties using income information from each party's Income and Expense Affidavit and/or the Department of Labor and Employment records and/or other reliable financial/wage information. The review may be conducted in person at the Child Support Enforcement office, via United States mail, or via an electronic communication method.
   4. D. The delegate Child Support Enforcement Unit may grant a continuance of the review for good cause. The continuance shall be for a reasonable period of time and shall not exceed thirty (30) calendar days.
   5. E. When conducting the review, the Child Support Enforcement worker shall apply the child support guidelines to determine any inconsistencies between the existing child support award amount and the amount resulting from application of the child support guidelines.
   6. F. If the non-requesting party or his/her attorney of record fails to provide financial or wage information, the Child Support Enforcement worker shall use income information which is available to the Child Support Enforcement Unit through Colorado Department of Labor and Employment records and/or other verified sources such as the State Parent Locator Service, the Expanded Federal Parent Locator Service, and the State Employment Security Administration.
   7. G. If income information is not available for the obligor, the Child Support Enforcement worker shall:
      1. 1. File a Motion to Compel with the court requesting the court to order the obligor to provide the information, or 2. Impute income based on the current minimum wage, which may be calculated for up to a forty hour work week.
   8. H. If reliable income information is not available for a non-public assistance obligee, the Child Support Enforcement worker shall:
      1. 1. Terminate the review using the appropriate termination criteria at Section 6.261.5, and, 2. Close the IV-D case pursuant to Section 6.260.52, B, because the non-public assistance obligee has failed to cooperate and cooperation is essential for the next step in providing support enforcement services.
   9. I. If reliable income information is not available for a public assistance obligee, the Child Support Enforcement worker shall send a Notice of Non-Cooperation, CSE-7 to the IV-A worker, or J. Impute the current minimum wage, which may be calculated for up to a forty hour work week, if all the children, subject to the order are thirty (30) months of age or older.
   10. K. In conducting the review of the order, the Child Support Enforcement worker shall examine the existing order for inclusion of medical support.

6.261.5 TERMINATION OF REVIEW

1. A. After a review has been opened, it may be terminated if the case meets at least one of the following termination criteria:
   1. 1. Financial/wage information for either party is unavailable through the Colorado Department of Labor and Employment, State Parent Locator Service, Expanded Federal Parent Locator Service, or State Employment Security Administration, or the requester has failed to return his/her Income and Expense Affidavit.
      1. 2. The applicant has requested in writing closure of the IV-D case. The other parent will be advised that s/he can apply for Child Support Enforcement services if s/he still desires the order to be reviewed.
      2. 3. The obligee's location is unknown and location is required to continue the review.
      3. 4. The obligor's location is unknown and location is required to continue the review.
      4. 5. The initiating state requests closure of the IV-D case prior to the review or adjustment.
      5. 6. The non-public assistance obligee has failed to cooperate and cooperation is essential for the next step in providing child support enforcement services.
      6. 7. The case meets at least one of the case closure criteria, as defined in Section 6.260.5.
      7. 8. All parties now reside in Colorado. A review of the responding interstate action is not appropriate.
      8. 9. All parties now reside in Colorado. A review of the initiating interstate action is not appropriate.
   2. B. If a non-public assistance obligee requests termination of the review, s/he must also request closure of the IV-D case in accordance with the applicable case closure criteria as defined in Section 6.260.51, C.

6.261.6 (Reserved for Future Use)

6.261.7 REVIEW RESULTS, NO ADJUSTMENT REQUIRED

Judicial and Administrative Process Orders: After completion of the review, the child support enforcement worker may determine that there is no adjustment required in the ordered child support amount because the guideline calculation does not indicate at least a ten percent change in the ordered child support amount and/or the provision for medical support is already a part of the order. Within five (5) business days of completing the review, the Child Support Enforcement worker shall provide to each party, including the foster care agency and other child support agencies or his/her attorney of record:

1. A. The Post Review Notice.
   1. B. The Guideline Calculation Worksheets.
   2. C. The forms generated by the automated child support system document generation will automatically be documented in chronology.

6.261.8 REVIEW RESULTS, ADJUSTMENT REQUIRED

1. A. Judicial Orders: After completion of the review, the Child Support Enforcement worker may determine an adjustment in the ordered child support amount or a medical support provision is needed because the guideline calculation indicates at least a ten percent change in the ordered child support amount and/or a change in or addition of medical support is needed.
   1. 1. Within five (5) business days of completing the review and determining that an adjustment is required, the Child Support Enforcement worker shall provide to the obligor and obligee or his/her attorney of record:
      1. a. The Post Review notice, b. The guideline calculation worksheets, c. All supporting financial documentation used to calculate the monthly support obligation, and d. The proposed order.
      2. 2. Either party may file a challenge to the review results based on the post review notice or the proposed order:
         1. a. The challenge must be received no later than the fifteenth day following the post review notice date.
         2. b. The challenge must be in writing.
         3. c. The challenge must be based on alleged mathematical or factual error in the calculation of the monthly support obligation.
         4. d. The delegate Child Support Enforcement Unit may grant an extension of up to fifteen (15) calendar days to challenge the review results based upon a showing of good cause.
         5. e. The delegate Child Support Enforcement Unit shall have fifteen (15) calendar days from the date of receipt of the challenge to respond to the challenge.
         6. f. If a challenge results in a change in the monthly support obligation, the delegate Child Support Enforcement Unit shall provide an amended notice of review and a new proposed order to the parties.
         7. g. Both parties are then given fifteen (15) calendar days from the date of the amended notice of review to challenge the results of any subsequent review.
      3. 3. Within five (5) business days of determining that a review indicates that a change to the monthly support obligation is appropriate, and the review is not challenged or all challenges have been addressed, the delegate Child Support Enforcement Unit shall file with the court:
         1. a. A motion to modify, and b. The proposed order.
      4. 4. Upon receipt of the order from the court, the Child Support Enforcement worker shall send copies to the parties or their attorneys of record. The Child Support Enforcement worker shall document the Automated Child Support Enforcement System chronology with this activity.
      5. 5. Within five (5) business days of determining that a challenge cannot be resolved, the CSE worker shall file with the court:
         1. a. A motion to modify;
         2. b. The proposed order;
         3. c. The guideline calculation worksheets; and, d. Income and expense affidavits of the parties.
      6. 6. Within eighteen (18) days of determining that a challenge cannot be resolved, the CSE worker shall check for the court’s signature on the order; if the court has not signed the order, set a hearing pursuant to local court rules.
      7. 7. After a hearing has been set, the CSE worker shall send copies of the notice of hearing to the parties or their attorneys of record and document the automated child support system’s chronology with this activity.
      8. 8. If the obligor has an employer or other income, within fifteen (15) calendar days of the date the modified support order is entered, the delegate Child Support Enforcement Unit shall, unless the case meets one of the good cause criteria specified in Section 14-14-111.5(3)(a)(II)(A), C.R.S., send a Notice to Withhold Income for Support to the obligor’s employer, trustee, or other payor of funds and update the Automated Child Support Enforcement System. A copy of the Notice to Withhold Income for Support shall be filed with the court, if required by the court. If the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, within fifteen (15) calendar days of the date the order containing medical support is entered or within two (2) business days from the report of the obligor's employment through the State directory of new hires, the delegate CSE Unit shall send the National Medical Support Notice to initiate health insurance coverage and update the automated child support system.
   2. B. Administrative Process Orders: After completion of the review the Child Support Enforcement worker may determine an adjustment in the ordered child support amount or a medical support provision is required, because the guideline calculation indicates at least a ten percent change in the ordered child support amount and/or medical support needs to be changed.
      1. 1. Within five business days of completing the review and determining that an adjustment is required, the Child Support Enforcement worker shall provide to the obligor and obligee or his/her attorney of record:
         1. a. The Administrative Process Notice of Financial Responsibility for Modification form, which schedules a negotiation conference fifteen (15) days from the review date, b. The Guideline Calculation Worksheets, c. All supporting financial documentation used to calculate the monthly support obligation; and, d. The Administrative Process Modified Order of Financial Responsibility.
      2. 2. Either party may file a challenge to the review results based on the Administrative Process Notice of Financial Responsibility for Modification or the Administrative Process Modified Order of Financial Responsibility:
         1. a. The challenge must be received no later than the fifteenth day following the post review notice date or notice of financial responsibility for modification, and will be addressed at the scheduled negotiation conference to be held on the fifteenth day following the review date.
         2. b. The challenge must be based on alleged mathematical or factual error in the calculation of the monthly support obligation.
         3. c. The delegate Child Support Enforcement Unit may grant an extension of up to fifteen (15) calendar days to challenge the review results based upon a showing of good cause.
         4. d. The delegate Child Support Enforcement Unit shall have fifteen (15) calendar days from the date of receipts of the challenge to respond to the challenge.
         5. e. If a challenge results in a change in the monthly support obligation, the delegate Child Support Enforcement Unit shall provide an amended notice of review to the parties.
         6. f. Both parties are then given fifteen (15) calendar days from the date of the amended notice of review to challenge the results of any subsequent review.
      3. 3. If the obligor or his/her attorney of record signs the Administrative Process Modified Order of Financial Responsibility at the negotiation conference or returns it in the mail prior to the negotiation conference date, the employee of the delegate Child Support Enforcement Unit designated in writing by the County Director, signs the Administrative Process Modified Order of Financial Responsibility. The Child Support Enforcement worker shall, within five (5) business days, file with the court:
         1. a. The Administrative Process Notice of Financial Responsibility for Modification;
         2. b. Income and Expense Affidavits of the parties;
         3. c. The Guideline Calculation Worksheets; and, d. The Administrative Process Modified Order of Financial Responsibility.
      4. 4. The Administrative Process Modified Order of Financial Responsibility shall also be provided to the parties on the same date it is filed with the court. It shall include an advisement to the parties informing them that they have fifteen (15) calendar days to file a written objection with the court.
      5. 5. If an objection has not been received by the court within fifteen (15) calendar days after the Administrative Process Modified Order of Financial Responsibility is filed with the court, the order becomes final. If an objection is received within the fifteen-day period, the court may affirm the Administrative Process Modified Order of Financial Responsibility as submitted, issue an order revising the monthly support obligation, or set the matter for hearing.
      6. 6. If the obligor or his/her attorney of record does not sign and return the Administrative Process Modified Order of Financial Responsibility, but:
         1. a. The obligor or his/her attorney of record appears at the negotiation conference and does not agree, the Child Support Enforcement worker shall file with the court within five (5) business days:
         2. 1) The Administrative Process Notice of Financial Responsibility for Modification;
         3. 2) The Guideline Calculation Worksheet;
         4. 3) The delegate Child Support Enforcement Unit's request for court hearing; and, 4) Income and Expense Affidavits of the parties.
         5. 5) After a hearing is set, the Child Support Enforcement worker shall file the original notice of hearing with the court and send copies of the notice of hearing to the parties or their attorneys of record.
         6. b. The obligor or his/her attorney of record does not appear at the negotiation conference, the Child Support Enforcement worker, within five (5) business days shall file with the court:
         7. 1) The Administrative Process Notice of Financial Responsibility for Modification;
         8. 2) Income and Expense Affidavits of the parties;
         9. 3) The Guideline Calculation Worksheets;
         10. 4) The Affidavit of Non-Appearance for modification; and, 5) The Administrative Process Default Order of Financial Responsibility (modified).
         11. c. Upon receipt of the signed copy of the default order from the court, the Child Support Enforcement worker shall send copies to the parties or their attorneys of record.
         12. d. The Child Support Enforcement worker shall document this activity on the automated child support system.
      7. 7. After an order is entered and if the obligor has an employer or other income, within two business days of the date the modified support order is entered, the delegate Child Support Enforcement Unit shall, unless the case meets one of the good cause criteria specified in Section 14-14-111.5 (3)(a)(II)A), C.R.S., send a Notice to Withhold Income for Support to the obligor’s employer, trustee, or other payor of funds and update the Automated Child Support Enforcement System. A copy of the Notice to Withhold Income for Support shall be filed with the court, if required by the court, and the employer shall provide a copy to the obligor. If the obligor is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost (as defined at Section 6.230.16), within fifteen (15) calendar days of the date the order containing medical support is entered or within two (2) business days from the report of the obligor's employment through the State directory of new hires, the delegate CSE Unit shall send the National Medical Support Notice to initiate health insurance coverage and update the automated child support system.

6.270 CHILD SUPPORT ENFORCEMENT PROGRAM PLAN

6.270.1

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 Form CSE-14, Child Support Enforcement County Program Plan. The state department shall determine whether each plan meets state and federal regulations, approve or disapprove each plan and notify each county department. If the plan is disapproved, the state will contact the county department to negotiate mutually acceptable goals. If agreement cannot be reached, counties may request reconsideration by the Executive Director, or a designee, of the Colorado Department of Human Services. The decision of the Executive Director or designee will be binding on the county department and the state Division of Child Support Enforcement. Satisfactory completion of this process is required to ensure the county department receives continued federal financial participation.

6.270.2 The CSE Program Plan shall include the following information:

.21 Anticipated county CSE Unit financial data, such as expenditures, collections, and fees;

1. A. Expenditures, including contractual expenditures;
   1. B. Support collections for CSE cases related to PA cases and non-PA cases;
   2. C. Fees resulting from support collections for CSE cases which are non-PA cases;
   3. D. County cost-effectiveness ratios for PA and non-PA; and E. Additional information as prescribed by the State Division of CSE. .22 County CSE personnel, including:
   4. A. All personnel, by title, performing CSE functions and authorized to charge time under CSE program codes; and B. Functions to be performed in support of the CSE program. .23 Contractual CSE personnel, including:
   5. A. Personnel, by title, performing CSE functions and authorized to charge time for the provision of services in support of the CSE program according to a cooperative reimbursement agreement, purchase of legal services agreement or purchase of services agreement approved by the state department; and B. Functions to be performed in support of the CSE program. .24 County CSE Compliance and Performance Improvement Plan (CPIP) which:
   6. A. includes a detailed narrative describing how the county CSE Unit proposes to improve its performance.
   7. B. describes the type(s) of assistance needed from the state office in order to improve program performance and operate a CSE program in compliance with all federal and state rules and regulations.

.25 If areas of non-compliance with federal or state rules and regulations are determined, the county shall complete a Corrective Action Plan (CAP) which:

1. A. identifies the non-compliance issue(s).
   1. B. includes a detailed narrative describing the specific actions to be taken to correct the areas of non-compliance.
   2. C. lists the specific time frames for completion of each specific action. Completion time for the CAP cannot exceed six (6) months.
   3. D. describes the type(s) of assistance needed from the state office in order to bring the county into compliance.

6.270.3

The state Division of Child Support Enforcement sets statewide goals each year. Each county's program plan must set county goals in order to meet annual statewide goals. The state Division of CSE is required to revise statewide goals on at least an annual basis based upon actual data from the preceding calendar year.

1. If a county fails to:
   1. A. submit an annual county program plan; revised annual county program plan as required by the state office; or B. submit a plan which establishes goals consistent with statewide goals, then the state Division will take appropriate corrective action to ensure that a satisfactory county program plan is submitted and approved.

6.280 REPORTING

6.280.1 County departments shall provide the state department with reports and fiscal information as deemed necessary by the state department.

6.300 CHILD SUPPORT ENFORCEMENT (CSE) FUNCTIONS RELATED TO THE IV-A AND FOSTER

1. CARE PROGRAMS

6.300.1 The following functions are the responsibility of the Child Support Enforcement Unit with respect to the IV-A program:

6.300.11 Providing written evidence on Form CSE-7 to the IV-A unit of a IV-A recipient's failure to cooperate with the Child Support Enforcement Unit and providing written evidence on form CSE-8 to the IV-A unit of a IV-A recipient's subsequent cooperation with the Child Support Enforcement Unit.

6.300.12 Providing notice to the IV-A unit in every Child Support Enforcement case related to a IV-A case in which the address of employment and/or residence of a noncustodial parent is verified except that location data obtained from the FPLS, or from the Internal Revenue Service, which has not been independently verified, may not be disclosed.

6.300.13 Providing notice to the IV-A unit of support collections received on behalf of IV-A cases that represent payment on the monthly support obligation, and 6.300.14 Providing notice to the IV-A unit of any amount of support that exceeds amounts of public assistance provided to a family.

6.300.2 The following functions are the responsibility of the Child Support Enforcement Unit with respect to the foster care program:

6.300.21 Providing written evidence to the foster care unit of a placing parent's failure to cooperate with the Child Support Enforcement Unit and providing written evidence to the foster care unit of subsequent cooperation with the Child Support Enforcement Unit.

6.300.22 Providing notice to the foster care unit of support collections received on behalf of foster care cases that represent payment on the monthly support obligation, and, 6.300.23 Providing notice to the foster care unit of any amount of support that exceeds amounts of foster care provided to a child(ren).

6.400 INTAKE

County Child Support Enforcement Units shall establish procedures to ensure that all activities regarding intake are undertaken and completed within the time frames appropriate functions and specified pursuant to Section 6.260.22. The time frames begin when the application or referral is received and end when the case is ready for the next appropriate activity, e.g., locate, paternity establishment, establishment of a support order, or enforcement. All activities must be documented on ACSES.

6.400.1 The following functions are the responsibility of the Child Support Enforcement Unit with regard to intake of child support enforcement cases:

6.400.11 The Child Support Enforcement Unit shall assure that for each noncustodial or alleged parent of children for whom Child Support Enforcement services are sought for non-public assistance cases, a Form CSE-6 shall be completed by the applicant. The Child Support Enforcement Unit shall provide an application to the applicant pursuant to Section 6.201.2 6.400.12 The Child Support Enforcement Unit shall assure that for all cases for which IV-A, foster care, and/or Medicaid is being provided that the custodial party cooperate, unless a finding of good cause exemption from referral to the Child Support Enforcement Unit has been granted by the county director or designee, in:

1. A. Location of noncustodial or alleged parents;
   1. B. Determination of parentage;
   2. C. Establishment and modification of support orders, both financial and medical; and, D. Enforcement of support orders.

6.400.13 Upon receipt of a good cause determination from the county director or designee, the Child Support Enforcement Unit shall close the Child Support Enforcement case.

6.400.14 The Child Support Enforcement Unit shall assure that written explanations are provided to public assistance recipients receiving Child Support Enforcement services pursuant to Section 6.201.1.

6.400.15 Within 20 calendar days of receipt of an application or referral, the Child Support Enforcement Unit must open a case and take appropriate action pursuant to Section 6.260.22.

6.400.16 The Child Support Enforcement Unit shall assure that Form CSE-7 be forwarded to the IV-A unit or that other written notice be sent to the foster care unit within five (5) working days of failure to cooperate by the custodial party of a child receiving IV-A or by the placing parent of a child in foster care placement, unless good cause exemption from referral to the Child Support Enforcement Unit has been granted by the county director or designee.

6.400.17 Case Number [Rev. eff. 10/1/09]

1. The Child Support Enforcement Unit shall assure that for each noncustodial or alleged parent for both public assistance and non-public assistance cases, and for each placing parent in a foster care case, a unique case number is established to identify the case.

6.400.18 Categories [Rev. eff. 10/1/94]

1. The Child Support Enforcement Unit shall assure that public assistance, non-public assistance, and interstate cases are categorized as set forth in these rules.

6.400.19 Case Records and Financial Records [Rev. eff. 10/1/90]

1. The Child Support Enforcement Unit shall assure that case records and financial records be established for each child support enforcement case according to these rules and procedures prescribed by the State Department.

6.500 LOCATE [Rev. eff. 10/1/09]

Attempts to determine the physical whereabouts of noncustodial parents, placing parents, or the noncustodial or placing parents' employer(s), other sources of income or assets, as appropriate, for paternity establishment, establishment or modification of a child support order or enforcement of an order are a required service of the Child Support Enforcement program. Locate activity is provided for public assistance and non-public assistance Child Support Enforcement cases, both in-state cases and interstate cases.

6.501 LOCATE PROCEDURES [Rev. eff. 10/1/09]

County Child Support Enforcement Units shall establish procedures to ensure that all appropriate locate activities are undertaken and completed within the time frames specified. The time frames begin when it is determined that location of the noncustodial or placing parent is necessary and end when the noncustodial or placing parent is located and the case is ready for the next appropriate activity, e.g. establishment of paternity, establishment or modification of a support order or foster care fee order, or enforcement. All locate activities must be documented by source (Division of Motor Vehicles, Department of Labor and Employment, no hit, etc.) on the Automated Child Support Enforcement System.

6.502 LOCATE FUNCTIONS

6.502.1 [Rev. eff. 11/6/92]

Within seventy-five calendar days of determining that location is necessary, the Child Support Enforcement Unit must access all appropriate locate sources including transmitting appropriate cases to the Expanded Federal Parent Locator Service and ensure that information is sufficient to take the next appropriate action in a case. In interstate cases, it is the responsibility of the initiating state, rather than the responding state, to access the Expanded Federal Parent Locator Service when appropriate, and provide new locate information to the responding state.

6.502.2 The Child Support Enforcement Unit must assess each locate case to determine appropriate locate sources. Available locate sources include:

1. A. State locate sources such as the Department of Labor and Employment and the Division of Motor Vehicle, Workers' Compensation and state directory of new hires;
   1. B. Current or past employers;
   2. C. Local telephone company, United States Postal Service, financial references, unions, fraternal organizations, parole and probation records and police records;
   3. D. Expanded Federal Parent Locator Service and interstate location networks;
   4. E. Local offices administering public assistance, general assistance, medical assistance, food stamps and social services;
   5. F. Custodial party and friends of noncustodial parents;
   6. G. Credit reporting agencies.
      1. 1. A full credit report may be obtained only if a child support order exists, except as provided in Section 6.709.3.
      2. 2. If a child support order does not exist, only the “credit header” can be obtained from a credit report by entering the Social Security Number and initiating a “social search” which will provide residential and employment information, if available.

6.502.3

A Child Support Enforcement Unit may obtain information from public utilities through the utilization of an administrative subpoena. The Child Support Enforcement Unit must submit a request for administrative subpoena to the state enforcement unit by documenting in the chronology of the case the following:

1. A. All locate resources have been accessed.
   1. B. No location information has been obtained.

6.503 LOCATION IN INTERSTATE CASES

6.503.1

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 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 FEDERAL PARENT LOCATOR SERVICE (FPLS)

Beginning in Federal Fiscal Year 1993, Federal Parent Locator Service is charging a fee for each request submitted to Federal Parent Locator Service except for Child Support Enforcement cases currently receiving IV-A, IV-E foster care or Medicaid. The fee is charged to cover Federal Parent Locator Service costs of providing locate services and the fee amount will be reviewed and adjusted annually, as appropriate. Each county will be billed by the state office for its share of the Federal Parent Locator Service charge. The Federal Parent Locator Service charge must be reported as a reduction of expenditures in accordance with state accounting and reporting procedures.

6.505 PROJECT 1099

The Child Support Enforcement Unit may request locate information through Project 1099 which provides address and asset information from the Internal Revenue Service Form 1099. The 1099 request is made in accordance with state procedures.

6.506 REPEATED LOCATION ATTEMPTS

6.506.1

Location attempts, except for 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.

6.506.2 Quarterly attempts may be limited to automated sources but must include accessing the Department of Labor and Employment files.

6.506.3 When repeated location attempts are necessary because of new information, all appropriate locate sources must be accessed within 75 calendar days.

6.506.4

The CSE Unit must submit current IV-A, IV-E foster care and Medicaid only cases to FPLS annually and other cases, as appropriate, if location is needed and previous attempts have failed.

6.600 ESTABLISHMENT OF PATERNITY

6.600.1

The following functions are the responsibility of the Child Support Enforcement Unit with regard to the establishment of parentage for Child Support Enforcement cases, pursuant to Child Support Enforcement caseload categorization requirements contained in these rules.

6.600.11 [Rev. eff. 8/10/11]

1. 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.

6.600.12 The Child Support Enforcement Unit shall determine whether the alleged father's name is on the child's birth certificate prior to initiating a paternity establishment action.

1. A. If the alleged father's name is listed on the child's birth certificate, a presumption of paternity exists and the Child Support Enforcement Unit shall not pursue the establishment of parentage.
   1. B. If the alleged father's name is not listed on the child's birth certificate, the Child Support Enforcement Unit shall pursue the establishment of parentage.

6.600.13 [Rev. eff. 8/10/11]

1. 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.

6.601 Paternity Establishment Procedures

6.601.1

County Child Support Enforcement Units' procedures for the establishment of paternity shall permit the establishment of paternity for any child at any time prior to the child's eighteenth birthday. This applies to instate and interstate cases. If however, the statute of limitations in effect at the time of the child's birth was less than eighteen years, the county Child Support Enforcement Unit may bring an action on behalf of the said child at any time prior to the child's twenty-first birthday. An action brought solely to establish paternity must be done through the courts, not administratively.

6.601.2 [Rev. eff. 8/10/11]

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. 8/10/11]

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:

1. 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. 8/10/11]

1. 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.
   1. A. If the results of the genetic testing establish a threshold of probability of paternity of 97% or higher and the party continues to contest paternity, the Child Support Enforcement Unit shall proceed with administrative process procedures to establish a temporary support order and to set the case for a court hearing to obtain a court finding and order. If the results of the genetic testing establish a threshold of probability of paternity of 97% or higher and the party does not contest paternity, the Child Support Enforcement Unit shall proceed with administrative process procedures to establish a permanent support order.
   2. B. If the results of the genetic testing do not establish a threshold of probability of paternity of at least 97%, the Child Support Enforcement Unit shall, through administrative process, set the case for a court hearing to obtain a court finding and order. If the court finds that the party who signed the paternity acknowledgment is not the father of the child, the Child Support Enforcement Unit shall notify the Department of Public Health and Environment, Division of Health Statistics and Vital Records, and request that they remove the party's name from the child's birth certificate. The notification shall be either a certified copy of the court order or a modified report of paternity determination, as prescribed by the Division of Vital Records.

6.601.32 Contesting Paternity [Rev. eff. 8/10/11]

1. 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.
   1. 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:
      1. 1. Enter an administrative process order for genetic testing, then 2. Establish an administrative process temporary order of financial responsibility and request a court hearing to obtain a permanent court finding and order if the genetic testing results show a ninety seven percent (97%) or greater probability of parentage and the party continues to contest parentage, or 3. If the genetic testing results show a less than 97% probability of parentage, the county Child Support Enforcement Unit may dismiss the action or take such other appropriate action as allowed by law.
   2. C. If the party withdraws his/her contest of paternity at any time, even after genetic testing has been done and the father’s name is on the child(ren)’s birth certificate, the delegate Child Support Enforcement Unit shall:
      1. 1. Refer the case to court without an administrative process order of any kind if genetic testing results do not show a 97% or greater probability of parentage, or 2. Enter an administrative process stipulated or temporary order as appropriate under the facts of the case if the genetic testing results do show a 97% or greater probability of paternity.

6.601.33 Parties who do not have a IV-D case and request the Child Support Enforcement Unit to assist them in rescinding a voluntary paternity acknowledgment shall be referred to the court.

6.601.4

County Child Support Enforcement Units shall establish procedures to ensure that all appropriate paternity establishment activities are undertaken and completed within the timeframes specified. The timeframes begin when the alleged or presumed father is located and end when paternity and a support obligation are established or the alleged or presumed father is excluded. All paternity establishment activities must be documented on the Automated Child Support Enforcement System.

6.602 PATERNITY ESTABLISHMENT FUNCTIONS

6.602.1 [Rev. eff. 8/10/11]

Within ninety (90) calendar days of locating the alleged father, the Child Support Enforcement Unit must:

1. A. Document unsuccessful attempts to serve process, or, B. Complete service of process, establish paternity, and establish an order for support.

6.602.11 Repeated unsuccessful service of process attempts are not a valid reason for not meeting the timeframes. If service of process is unsuccessful because of a poor address, the case shall be referred back to the locate function.

6.602.2 ESTABLISHING PATERNITY IN PUBLIC AND NO-PUBLIC ASSISTANCE CASES [Rev. eff. 10/1/09] The Child Support Enforcement Unit shall attempt to establish paternity in public assistance and non- public assistance cases for each child for whom paternity has not been legally established or is in dispute. However, the Child Support Enforcement Unit shall not pursue the establishment of paternity if good cause exemption from referral to the Child Support Enforcement Unit has been determined to exist by the county director or designee.

For Medicaid referral cases, the Child Support Enforcement Unit shall not pursue the establishment of paternity if there is good cause exemption.

If good cause exemption has not been established and the custodial party or placing parent fails to cooperate with the Child Support Enforcement Unit, the Child Support Enforcement Unit shall complete a Notice of Non-Cooperation of Caretaker Relative (CSE-7) and forward the notice to the county IV-A unit, the Division of Child Welfare, or the appropriate Medicaid agency.

6.602.3

Genetic testing results may be provided to all parties without the necessity of a formal discovery process; however, no party may further re-disclose the genetic testing results. Other papers and records maintained by the county department of social services shall be available for inspection:

1. A. To parties to the action only upon consent of all parties to the action and according to the statute governing confidentiality or according to the rules of discovery; and, B. To non-parties to the action only upon consent of all parties to the action.

6.603 GENETIC TESTING

6.603.1 [Rev. eff. 8/10/11]

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:

1. 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.

6.603.2 [Rev. eff. 10/1/09]

Counties, or the state Division of Child Support Enforcement on behalf of counties, shall competitively procure, according to county or state procedures, services from genetic testing laboratories which have been accredited. The state Division of Child Support Enforcement shall provide a list of genetic testing laboratories which have been accredited to the county Child Support Enforcement Units. Genetic testing laboratories procured by the counties must perform, at reasonable cost, legally and medically acceptable genetic tests to identify the father or exclude the alleged father. Proof of competitive procurement may be requested by the Colorado Department of Human Services at any time.

6.603.3 [Rev. eff. 8/10/11]

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.

6.603.4

Any objection to the genetic testing results shall be made in writing at least fifteen (15) days before the hearing where the results may be introduced, or fifteen (15) days after the Motion for Summary Judgment is served. If, however, the results were not received at least fifteen days before the hearing, the objection to the genetic testing results shall be made at least twenty-four (24) hours prior to the hearing. If no objection is made, the test results shall be entered as evidence of paternity in a paternity action without the need for proof of authenticity or accuracy.

Upon receipt of an objection to the genetic testing results, the delegate Child Support Enforcement Unit will take the following action:

1. A. If the case is an Administrative Process case, file a Child Support Enforcement Unit Request for Court Hearing (CSE-116) as required in Section 6.714.
   1. B. If the case has been filed through the Judicial process, request the court to set a hearing and decide the issue of paternity and child support.
      1. The Notice of Hearing must be sent to the alleged parent and the custodial party by the court or the delegate Child Support Enforcement Unit, if delegated and authorized by the court in writing.

6.603.5

In all cases, when paternity is adjudicated, county Child Support Enforcement Units shall attempt to enter a judgment for the costs of genetic testing against the alleged father for full payment or prorated payment with a specified monthly amount due to liquidate those costs.

6.604 REPORTING THE DETERMINATION OF PATERNITY TO THE COLORADO DEPARTMENT OF

1. PUBLIC HEALTH AND ENVIRONMENT, VITAL RECORDS SECTION

6.604.1

After a child's paternity has been established, either judicially or administratively, the child support enforcement worker shall complete and file the State prescribed forms with the Colorado Department of Public Health and Environment, Vital Records Section, to ensure that the parent's name is added to the child's birth record. These documents shall be filed with the Colorado Department of Public Health and Environment, Vital Records Section, within 10 days of the judicial or administrative order establishing paternity.

6.604.2

The child support enforcement worker shall document in the Automated Child Support Enforcement System the date on which the State prescribed forms are sent to the Colorado Department of Public Health and Environment, Vital Records Section.

6.604.3

Within 75 days after the State prescribed forms are sent to the Colorado Department of Public Health and Environment, Vital Records Section, the child support enforcement worker shall attempt to determine whether or not the parent's name has been added to the child's birth record. If the child support enforcement worker determines that the parent's name has not been added to the child's birth certificate, they shall attempt to determine why the name has not been added and take all reasonable steps to correct the situation including requesting assistance from the State Division of Child Support Enforcement where appropriate.

6.604.4

If the child support enforcement worker has contact with the Colorado Department of Public Health and Environment, Vital Records Section, about corrections needed to the State prescribed forms, the worker shall take all steps reasonably necessary and within his/her ability to resolve the issue so that the parent's name can be added to the child's birth record. This may include requesting assistance from the State Division of Child Support Enforcement where appropriate.

6.604.5

The child support enforcement worker shall document in the Automated Child Support Enforcement System the date on which the parent's name has been verified to be on the child's birth record.

6.700 ESTABLISHMENT OF SUPPORT OBLIGATIONS

6.700.1 PROCEDURES FOR ESTABLISHMENT OF SUPPORT OBLIGATIONS

County Child Support Enforcement Units shall establish procedures to ensure that all appropriate functions and activities to establish support obligations are undertaken and completed within the timeframes specified. The timeframes begin when the noncustodial parent is located and end when a temporary or permanent order is established or service of process is unsuccessful. All support activities must be documented on the Automated Child Support Enforcement System.

6.700.2 ESTABLISHMENT OF SUPPORT OBLIGATION FUNCTIONS

6.700.21 [Rev. eff. 6/1/01]

Within ninety calendar days of locating the alleged father or noncustodial parent, the Child Support Enforcement Unit must check to ensure that the child(ren) has not reached the age of emancipation.

1. A. Document unsuccessful attempts to serve process, or B. Complete service of process and establish a temporary or permanent order for support (and paternity, if not already established).

6.700.22 Establishing Support Obligations [Rev. eff. 10/1/09]

1. All child support obligations must be established using the Colorado child support guidelines to determine the amount to be ordered. Child Support Enforcement staff shall not deviate from the guidelines.
   1. In the instance of adoption assistance services, when establishing an order against the adoptive parents, the amount of the monthly support order cannot exceed the amount of the monthly adoption assistance payment. If the calculated guideline amount for the monthly support order exceeds the amount of the monthly adoption assistance payment, the Child Support Enforcement Unit must treat this as a deviation and request a court hearing pursuant to Section 6.714 to request the court to accept the adoption assistance payment amount as the order.

6.700.23 Expedited Process [Rev. eff. 10/1/90]

1. Actions subject to expedited process must be completed from the time of successful service of process to the time of disposition within the required timeframes.

6.700.24 Unsuccessful Service of Process [Rev. eff 10/1/90]

1. Repeated unsuccessful service of process attempts are not a valid reason for not meeting the timeframes. If service of process is unsuccessful because of a poor address, the case shall be referred back to the locate function.

6.700.3

The following functions are the responsibility of the Child Support Enforcement Unit with regard to the establishment of child support obligations for Child Support Enforcement cases, including public assistance, non-public assistance and interstate cases.

6.700.31 Public Assistance Cases [Rev. eff. 10/1/09]

1. In active IV-A or foster care cases, the Child Support Enforcement Unit shall attempt to establish child support obligations, foster care fee obligations, and medical support from any person who is legally liable for support. The Child Support Enforcement Unit has the discretion to establish an obligation for child support debt, foster care fee debt, and/or retroactive support based on the county’s procedure. "Child Support Debt" is the amount due to a state as a result of payment of public assistance as described in Section 14-14-104, C.R.S. "Retroactive Support " is a reasonable amount of support owed to the custodial party for a time period prior to the entry of the support order as provided by Section 19-6-104, C.R.S., and Section 19-4-116, C.R.S. Establishing the legal obligation to provide child support includes activities related to establishing the amount of the child support debt, foster care fee debt, and retroactive support due, determining the ability of both parents to provide support, and the amount of the support obligation, and medical support.
   1. In public assistance, foster care, and low-income child care assistance referral cases, the Child Support Enforcement Unit shall not pursue the establishment of a child support obligation, child support debt, retroactive support or medical support if good cause exemption has been determined by the county director or designee. Low-income child care assistance referrals may request a good cause exemption from cooperating with child support enforcement; however, there is no assignment of rights in a low-income child care referral case, so child support debt can not be established.

6.700.32 Non-Public Assistance (Non-PA) Cases

1. In a non-public assistance case, including a low-income child care assistance case, the Child Support Enforcement Unit shall attempt to establish child support and medical support from any person who is legally liable for support of a child. The Child Support Enforcement Unit has the discretion to establish an obligation for retroactive support based on the county's procedure. Establishing the legal obligation to provide child support includes activities related to establishing the amount of retroactive support due, determining the ability of both parents to provide support, and determining the amount of the support obligation.

6.700.33 Health Insurance

1. 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.
   1. 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, CSE-212, Health Insurance Information.
   2. B. The Child Support Enforcement Unit shall provide health insurance information for non- public assistance cases to the caretaker on the State-prescribed form, CSE-212, Health Insurance Information.

6.700.34 Establishing Debt [Rev. eff. 5/1/97]

1. 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 Assignment of Support to Another State [Rev. eff. 10/1/09]

1. If support has previously been assigned to another state, the Colorado assignment will begin the first day of the month the custodial party and/or child(ren) receive public assistance in Colorado.

6.700.36 Dismissal [Eff. 10/1/90]

1. 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.

6.700.37 Retroactive Support [Rev. eff. 2/1/06]

1. 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.
   1. 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.
   2. B. In a public assistance case, retroactive support will not be established for:
      1. 1. Any months for which the custodial party received public assistance.
      2. 2. Any months for which the children did not reside with the custodial party.
      3. 3. Any months when the custodial party, non-custodial parent, and the children lived in the same household.
      4. 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.
   3. C. In a non-public assistance case, including a low -income child care referral case, retroactive support will not be established for:
      1. 1. Any months for which the children did not reside with the custodial party.
      2. 2. Any months when the custodial party, non-custodial parent and the children lived in the same household.
      3. 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.

6.700.38 Guidelines for Establishment of Retroactive Support, Child Support Debt, and Foster Care Fee Debt [Rev. eff. 10/1/09] 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.

1. 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.
   1. 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. 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. 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).
   2. 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.
   3. 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. 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. 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. 3. Special circumstances that may have inhibited the custodial party from requesting assistance from Child Support Enforcement at an earlier date.
      4. 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. 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.
   4. 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.

6.701 ADMINISTRATIVE PROCEDURES TO ESTABLISH CHILD SUPPORT AND PATERNITY

6.701.1

Pursuant to Article 13.5 of Title 26, C.R.S., the delegate Child Support Enforcement Unit is authorized to establish certain paternity and child support obligations through administrative procedures.

6.702 CASES SUBJECT TO ADMINISTRATIVE PROCESS

6.702.1 Establishing the Monthly Support Obligation (MSO) [Rev. eff. 3/2/10]

Administrative procedures to establish a child support or foster care fee order shall be used by the delegate Child Support Enforcement Unit in all public assistance and non public assistance cases including responding interstate cases to establish the monthly support obligation, and shall include health insurance, unless:

1. A. A court order issued in this or any other state, which establishes a monthly child support obligation, or if an order exists which could be modified to establish a monthly child support obligation; or, B. The county director or designate IV-A staff has made a finding of good cause exemption from referral to the Child Support Enforcement Unit; or, C. The case requires paternity establishment and the case involves a presumed father and one or more alleged father(s) or the case involves multiple alleged fathers; or, D. One or both of the parents is under age 18; or, E. In interstate cases, the case requires only paternity establishment and no support is being established.

6.702.11 Administrative process shall be utilized in cases in which a divorce decree is silent on the issue of child support and service in the divorce was by publication. In these cases, the administrative process action (APA) will be filed under a new court number.

6.702.12 In cases in which there is a pending court action in which child support is at issue, the Child Support Enforcement Unit shall proceed to utilize administrative process as set forth in these rules. Copies of all documents shall be filed by the Child Support Enforcement Unit in the existing court case, utilizing the case number of the existing court case.

6.702.2 ESTABLISHING AN ORDER FOR CHILD SUPPORT OR FOSTER CARE FEE DEBT [Rev.

1. eff. 10/1/09] Administrative procedures to establish child support debt or foster care fee debt shall be used by the delegate Child Support Enforcement Unit in all public assistance and prior public assistance cases including responding interstate cases unless:
   1. A. The county director or designee has made a finding of good cause exemption for referral to the Child Support Enforcement Unit; or, B. An order exists, for a monthly support obligation, and/or health insurance, through which an order for debt could be established.

6.702.21 Establishing an Order for Retroactive Support Due

1. Administrative procedures to establish retroactive support due may be used by the delegate Child Support Enforcement Unit in all cases including responding interstate cases unless an order already exists for a monthly support obligation, and/or health insurance.

6.702.22 Establishing an Order for Work Activities

1. A delegate Child Support Enforcement Unit may establish an administrative order for a noncustodial parent who is unemployed, not incapacitated, and has an obligation of support to a child receiving assistance. The order would require the noncustodial parent to enter into one or more of the following work activities: private or public employment, job search activities, community service, vocational training, or any other employment related activities available to that particular individual.

6.702.3 ENFORCING COUNTY APPLICATION TO ADMINISTRATIVE PROCESS

Only the enforcing county delegate Child Support Enforcement Unit may initiate an administrative process action (APA). The enforcing county must close an open APA on ACSES before the enforcing county designation can be changed.

6.702.4 DEFINITIONS

“District Court” for purposes of these rules shall include a district court sitting as a juvenile court or the juvenile court for the City and County of Denver.

6.703 NOTICE OF FINANCIAL RESPONSIBILITY (CSE-100) OR NOTICE OF FINANCIAL

1. RESPONSIBILITY - PATERNITY ACTION (CSE-100P)

6.703.1

A Notice of Financial Responsibility (CSE-100 or CSE-100P), as prescribed by the state department, shall be issued in all cases subject to administrative procedure within 45 days of locating the noncustodial parent by the enforcing county delegate Child Support Enforcement Unit. “Issued” - shall be defined to mean the date the CSE-100 or CSE-100P is delivered to: the United States Mail for service by certified mail, or the delegate Child Support Enforcement Unit employee authorized to serve the noncustodial parent, or the delegate Child Support Enforcement Unit's contractual process server, or the U.S. mail for service by first class mail only in an action to modify an existing administrative order.

6.703.2

The Notice of Financial Responsibility (CSE-100 or CSE-100P) shall be signed by the county director or an employee of the delegate Child Support Enforcement Unit designated in writing by the county director.

6.703.3 The delegate Child Support Enforcement Unit issuing a Notice of Financial Responsibility (CSE-100 or CSE-100P) shall:

6.703.31 Check on the Automated Child Support Enforcement System, R/A Financial History, the AP-700 and Client Orientation Information Network (COIN) to determine all amounts of public assistance expended for the children's benefit by all Colorado counties and include the total amount on the Certification of Official Record (CSE-113). Check with the Foster Care Unit to determine the total unreimbursed maintenance payments for IV-E foster care cases and unreimbursed costs of foster care placement for Non-IV-E foster care cases and include the total amount on the Foster Care Arrearage/Unreimbursed Maintenance Payment Calculation (CSE-132) or similar form used by the county Child Support Enforcement Unit.

6.703.32 Schedule a negotiation conference date on the CSE-100 or CSE-100P within 30 calendar days of the date the CSE-100 is issued, and 6.703.33 Data enter the issuance date and negotiation conference date on the Automated Child Support Enforcement System within 5 working days of issuing the Notice of Financial Responsibility.

6.703.34 In any instance in which the 30th day would fall on a Saturday, Sunday or holiday, the Child Support Enforcement Unit shall set the negotiation conference on the next working day immediately following.

6.704 SUBPOENA TO PRODUCE (CSE-101)

6.704.1

A CSE-101, Subpoena to Produce, as prescribed by the state department, shall be served on the noncustodial parent with every Notice of Financial Responsibility.

6.704.2

The CSE-101 shall be signed by the county director or an employee of the delegate Child Support Enforcement Unit so designated in writing by the county director.

6.705 INCOME AND EXPENSE AFFIDAVIT (CSE-102)

6.705.1

The delegate Child Support Enforcement Unit shall include a CSE-102 as prescribed by the state department with every Notice of Financial Responsibility issued.

6.706 SERVICE OF THE NOTICE OF FINANCIAL RESPONSIBILITY

6.706.1

The delegate Child Support Enforcement Unit shall serve the Notice of Financial Responsibility (CSE-100 or CSE-100P) on the noncustodial parent at least eleven calendar days prior to the date stated in the CSE-100 or CSE-100P for the negotiation conference.

6.706.2 The following forms shall be included in the packet served on the obligor.

1. A. Notice of Financial Responsibility (CSE-100 or CSE-100P), B. Subpoena to Produce (CSE-101), and C. Income and Expense Affidavit (CSE-102).

6.706.3

A Return of Service (CSE-103), return receipt signed by the noncustodial parent, or a Waiver of Service (CSE-104) must be obtained in all cases. Within 5 working days of receipt of a Return of Service, a Waiver of Service, or a return receipt signed by the noncustodial parent, the delegate Child Support Enforcement Unit shall data enter the date of service on the Automated Child Support Enforcement System and send notice of the negotiation conference to the custodial party or the attorney of record.

6.707 NEGOTIATION CONFERENCE

The county director shall be responsible for determining and authorizing in writing which Child Support Enforcement Unit employees may conduct negotiation conferences based upon the employee's classification and experience, and shall be responsible for assuring that only those employees with adequate skills, knowledge and training conduct negotiation conferences.

6.707.1 Standard Continuances

6.707.11 The negotiation conference may be continued once, not to exceed 10 calendar days from the originally scheduled date, upon request of the noncustodial parent.

6.707.12 The continuance may be granted only by the county director or delegate Child Support Enforcement Unit employee designated in writing by the county director.

6.707.13 If a continuance is granted, the delegate Child Support Enforcement Unit shall issue a Notice of Continuance of Negotiation Conference (CSE-106) to the noncustodial parent, the custodial party, or their attorneys of record with the new date which shall be provided to the parties by first class mail or hand delivery.

6.707.14 If a continuance is granted, the delegate Child Support Enforcement Unit shall data enter the time and reason for the continuance and the new date for the negotiation conference on the Automated Child Support Enforcement System.

6.707.2 CONTINUANCES FOR GOOD CAUSE

6.707.21 More than one continuance, or a continuance exceeding 10 calendar days, may be granted only for good cause as defined in Section 6.708.

6.707.22 Continuances for good cause may be granted only by the county director or delegate Child Support Enforcement employee designated in writing by the county director.

6.707.23 If a continuance for good cause is granted, the delegate Child Support Enforcement Unit shall issue a Notice of Continuance of Negotiation Conference (CSE-106) to the noncustodial parent, the custodial party, or their attorney of record with the new date which shall be provided to the parties by first class mail or hand delivery.

6.707.24 If a continuance for good cause is granted, the delegate Child Support Enforcement Unit shall data enter the type and reason for the continuance and the new date for the negotiation conference on the Automated Child Support Enforcement System.

6.708 GROUNDS FOR GOOD CAUSE FOR CONTINUING A NEGOTIATION CONFERENCE

6.708.1 A finding of good cause may be made for the following reasons:

1. A. The case involves a paternity determination and the noncustodial parent has stipulated to submit to genetic tests and the results are needed to proceed, or B. Additional time is needed to verify income or other information necessary to calculate a child support order pursuant to the Colorado Child Support Guidelines, Section 14-10-115, C.R.S. as amended; or, C. An allegation of fraud and referral for investigation; or, D. The noncustodial parent or his/her attorney, is unable to appear at the negotiation conference due to a sudden severe illness, an accident, or other particular occurrence which, by its emergency nature and drastic effect, prevents the noncustodial parent or his/her attorney's appearance at the negotiation conference, the burden of proof to show cause of this type shall be upon the noncustodial parent; or, E. No Child Support Enforcement Unit employee authorized to conduct negotiation conferences is able to attend the negotiation conference due to a sudden severe illness, an accident, or other particular occurrence which, by is emergency nature and drastic effect, prevents an authorized Child Support Enforcement Unit employee from attending the negotiation conference.

6.709 CALCULATING THE MONTHLY CHILD SUPPORT OBLIGATION AND UNREIMBURSED

1. PUBLIC ASSISTANCE (UPA), UNREIMBURSED MAINTENANCE PAYMENT (UMP), UNREIMBUSED COST OF FOSTER CARE PLACEMENT AND ARREARS

6.709.1 [Rev. eff. 10/1/09]

In any order for financial responsibility or default order, the delegate Child Support Enforcement Unit shall calculate the monthly child support obligation pursuant to the Colorado Child Support Guidelines, Section 14-10-115, C.R.S. The delegate Child Support Enforcement Unit shall not deviate from the amount calculated pursuant to Section 14-10-115, C.R.S.

In the instance of adoption assistance services, when establishing an order against the adoptive parents, the amount of the monthly support order cannot exceed the amount of the monthly adoption assistance payment. If the calculated guideline amount for the monthly support order exceeds the amount of the monthly adoption assistance payment, the Child Support Enforcement Unit must treat this as a deviation and request a court hearing pursuant to Section 6.714 to request the court to accept the adoption assistance payment amount as the order.

6.709.2

The delegate Child Support Enforcement Unit shall calculate the monthly support obligation using reliable information concerning the noncustodial parent and custodial party's income which may include, but is not limited to, the following:

1. A. Wage statements; or, B. Wage information obtained from the Department of Labor and Employment, or C. Tax records; or, D. Verified Statement by the Obligee (CSE-111), as prescribed by the state department; or, E. Income and Expense Affidavit (CSE-102), as prescribed by the state department.

6.709.3

The delegate Child Support Enforcement Unit may obtain credit reports for purposes of establishing a child support order. Prior to obtaining a credit report for the noncustodial parent the Child Support Enforcement Unit must verify that paternity has been established or acknowledged. If paternity is not an issue, the Child Support Enforcement Unit must:

1. A. Send a ten-day notice to the noncustodial parent or attorney of record (CSE-429 A or B) by certified mail or registered mail that a full credit report will be obtained, or B. Obtain a waiver from the noncustodial parent or attorney of record to obtain a full credit report (CSE-429, A or B).

6.709.4

In the absence of any reliable information concerning the custodial party's or noncustodial parent's income, the monthly support obligation shall be computed based on the current minimum wage, which may be calculated for up to a forty hour work week. All steps taken to obtain financial information must be documented.

6.709.5

The delegate CSE Unit shall not negotiate the amount of Unreimbursed Public Assistance (UPA), Unreimbursed Maintenance Payments (UMP) or unreimbursed costs of foster care placement (for Non-IV- E cases) unless:

1. A. No other county has unreimbursed public assistance or unreimbursed maintenance payments or unreimbursed costs of foster care placement (for non-IV-E cases); or, B. All other counties with UPA or UMP or unreimbursed costs of foster care placement (for Non- IV-E cases) have agreed to the negotiated amount; and, C. Automated Child Support Enforcement System chronology is updated by the enforcing county delegate Child Support Enforcement Unit to document the agreed upon negotiation.

6.710 ISSUANCE OF ORDER OF FINANCIAL RESPONSIBILITY (CSE-105)

6.710.1

If a stipulation is agreed upon at the negotiation conference, the delegate Child Support Enforcement Unit shall prepare and issue an Order of Financial Responsibility (CSE-105), as prescribed by the State Department.

6.710.11 The order shall be signed by the noncustodial parent and by the county director or employee of the delegate Child Support Enforcement Unit designated in writing by the county director.

6.710.12 The order shall specify that the noncustodial parent send all payments to the Family Support Registry.

6.710.13 The order shall be prepared and signed at the conclusion of the negotiation conference. The order shall advise the noncustodial parent that the unpaid child support balance is entered as judgment.

6.710.14 The original order (CSE-105) and one copy shall be filed with the clerk of the district court in the county which issued the notice of financial responsibility 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 within five (5) business days of the negotiation conference.

6.710.15 The following documents shall be filed with the order:

1. A. Notice of Financial Responsibility (CSE-100 or CSE-100P);
   1. B. Return of Service (CSE-103), Waiver of Service (CSE-104), or Return Receipt signed by the noncustodial parent;
   2. C. Guidelines worksheets;
   3. D. Income and Expense Affidavit for noncustodial parent and custodial party (CSE-102) unless the action is for child support debt only in which case the custodial party's form is not required;
   4. E. Subpoena to Produce (CSE-101); and, F. Retroactive support affidavit, if the action is for support of the child(ren) prior to entry of the support order.

6.710.16 Upon receipt of a copy of the order with a docket number assigned by the court, the delegate Child Support Enforcement Unit shall within 5 working days:

1. A. Update Automated Child Support Enforcement System with court order and initiate a ledger, and B. Send a copy of the order to the noncustodial parent, or his/her attorney of record, and to the custodial party of the child by first class mail.
   1. C. For interstate cases, send a copy to the initiating state.

6.710.17 If the noncustodial parent has an employer or other income, within two business days of the date the support order is entered, the delegate Child Support Enforcement Unit shall, unless the case meets one of the good cause criteria specified in Section 14-14-111.5 (3)(a)(II)A), C.R.S., send a Notice to Withhold Income for Support to the noncustodial parent's employer, trustee, or other payor of funds and update the Automated Child Support Enforcement System. A copy of the Notice to Withhold Income for Support shall be filed with the court, if required by the court, and the employer shall provide a copy to the noncustodial parent. If the noncustodial parent is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, within 15 calendar days of the date the order containing medical support is entered or within two (2) business days from the report of the noncustodial parent's employment through the State directory of new hires, the delegate Child Support Enforcement Unit shall send a National Medical Support Notice to initiate health insurance coverage and update the Automated Child Support Enforcement System.

6.711 ISSUANCE OF ORDER ESTABLISHING PATERNITY AND FINANCIAL RESPONSIBILITY (CSE- 110)

6.711.1 The delegate Child Support Enforcement Unit shall issue an order establishing paternity and financial responsibility(CSE-110) after a negotiation conference if:

6.711.11 Neither the custodial party nor the noncustodial parent is contesting the issue of paternity, and 6.711.12 A CSE-107, Father's Paternity Advisement and Admission and a CSE-108, Mother's Parentage Advisement and Admission, as prescribed by the state department, is provided to and signed by the noncustodial parent and the mother.

6.711.2

The order shall be signed by the noncustodial parent and by the county director or the employee of the delegate Child Support Enforcement Unit designated in writing by the county director.

6.711.21 The order shall be prepared and signed at the conclusion of the negotiation conference. The order shall advise the obligor that the unpaid child support balance is entered as judgment. If the noncustodial parent contests paternity, the delegate Child Support Enforcement Unit shall issue an Order for Genetic Testing (CSE-109). The negotiation conference may be continued in accordance with the provision of Section 6.708 and Section 6.707.23. Rescheduling Genetic Testing for Good Cause:

1. A. A finding of good cause may be made for the following reasons:
   1. 1. The noncustodial parent is unable to appear at the appointed time or place for genetic testing due to a sudden severe illness, an accident, or other particular occurrence which, by its emergency nature and drastic effect, prevents the noncustodial parent's appearance at the time or place for genetic testing. The burden of proof to show good cause of this type shall be upon the noncustodial parent.
      1. 2. Any other reason beyond the noncustodial parent's control (i.e., if the person authorized to draw the blood for genetic testing is unable to appear or fails to appear at the time and place for genetic testing).
   2. B. Rescheduling of the time and place for genetic testing may be granted only by the county director or delegate Child Support Enforcement employee designated in writing by the county director.
   3. C. If rescheduling for good cause is granted, the delegate Child Support Enforcement Unit shall issue an Order for Genetic Testing (CSE-109) to the noncustodial parent with the new date for the genetic testing which shall be served on the noncustodial parent by first class mail or by hand delivery.
      1. If the mother and child(ren) fail to appear for or submit to genetic testing, the case shall be set for hearing pursuant to Section 6.714. Upon receipt of the test results, if a stipulation is not reached, the case shall be set for hearing pursuant to Section 6.714.

6.711.22 Request for Court Hearing When Paternity is at Issue

1. If no stipulation is agreed upon at the negotiation conference because the noncustodial parent contests the issue of paternity, the delegate Child Support Enforcement Unit shall file the Notice of Financial Responsibility and proof of service with the clerk of the court, and shall request the court set a hearing in accordance with Section 6.714.

6.711.3

The original order (CSE-110) and one copy shall be filed with the clerk of the district court in the county which issued the notice of financial responsibility 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 within 5 working days of the negotiation conference.

6.711.4 The following documents shall be filed with the order:

1. A. Notice of Financial Responsibility (Paternity Action) (CSE-100P);
   1. B. Return of Service (CSE-103), Waiver of Service (CSE-104) or Return Receipt signed by the noncustodial parent;
   2. C. Father's Paternity Advisement and Admission (CSE-107);
   3. D. Mother's Parentage Advisement and Admission (CSE-108);
   4. E. Guideline Worksheets;
   5. F. Income and Expense Affidavits (CSE-102);
   6. G. Subpoena to Produce (CSE-101); and H. Retroactive support affidavit, if the action is for support of the child(ren) prior to the entry of the order establishing paternity.

6.711.5 Upon receipt of a copy of the order with a docket number assigned by the court, the delegate Child Support Enforcement Unit shall within 5 working days:

1. A. Update Automated Child Support Enforcement System with paternity, court order and initiate a ledger, and B. Send a copy of the order to the noncustodial parent, the custodial party, or his/her attorney, and the initiating state, if appropriate, by first class mail.

6.711.6

If the noncustodial parent has an employer or other income, the delegate Child Support Enforcement Unit shall, unless the case meets one of the good cause criteria specified in Section 14-14-111.5(3)(a)(II)(A), C.R.S., within two business days of the date the support order is entered, send a Notice to Withhold Income for Support to the noncustodial parent's employer, trustee, or other payor of funds, and update the Automated Child Support Enforcement System. A copy of the Notice to Withhold Income for Support shall be filed with the court, if required by the court. If the noncustodial parent is the party ordered to provide health insurance and the employer has health insurance available at reasonable cost, within 15 calendar days of the date the order containing medical support is entered or within two (2) business days from the report of the noncustodial parent's employment through the State directory of new hires, the delegate Child Support Enforcement Unit shall send a National Medical Support Notice to initiate health insurance coverage and update the Automated Child Support Enforcement System.

6.711.7 The order shall specify that the noncustodial parent send all payments to the Family Support Registry.

6.712 ISSUANCE OF DEFAULT ORDER OF FINANCIAL RESPONSIBILITY (CSE-115)

6.712.1

After service pursuant to Section 6.706, if the noncustodial parent fails to appear for the negotiation conference as stated in the Notice of Financial Responsibility (CSE-100), and fails to reschedule the negotiation conference prior to the date and time stated in the Notice of Financial Responsibility (CSE- 100), or fails to appear for a rescheduled negotiation conference, the delegate Child Support Enforcement Unit shall:

6.712.11 Order of Default

1. Within 5 working days of the date of the negotiation conference, file an original Order of Default (CSE-115), as prescribed by the state department, and one copy 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.
   1. A Default Order of Financial Responsibility (CSE-115) will not be issued when the noncustodial parent is incarcerated and fails to appear for the negotiation conference or the rescheduled negotiation conference. In these circumstances, the delegate Child Support Enforcement Unit's worker shall close the administrative process action for the reason that a hearing has been requested. The delegate Child Support Enforcement Unit's worker shall follow the process for requesting a court hearing pursuant to Section 6.714.

6.712.12 The following documents shall be filed with the Order of Default (CSE-115):

1. A. Return of Service (CSE-103), Waiver of Service (CSE-104) or return receipt signed by the noncustodial parent, and B. Affidavit of Non-Appearance (CSE-112) as prescribed by the state department, and C. Notice of Financial Responsibility (CSE-100), and D. Verified Statement of Obligee (CSE-111), as prescribed by the state department, used to set the monthly support obligation, or other documentation supporting the guideline calculation of the monthly support obligation such as wage information obtained from the Department of Labor and Employment, and E. Affidavit and Certification of Official Record (CSE-113) or Foster Care Arrearage/Unreimbursed Maintenance Payment Calculation (CSE-132) as prescribed by the state department, or documentation supporting the calculation of child support debt such as public assistance payment records, foster care payment records, or arrears calculation information, and F. Guidelines worksheets, and G. Subpoena to Produce (CSE-101), and H. Income and Expense Affidavit (CSE-102) for custodial party, unless the action is for arrears or child support debt only.

6.712.2 The default order shall be signed by the county director or employee of the delegate Child Support Enforcement Unit designated in writing by the county director.

6.712.3 The delegate Child Support Enforcement Unit shall not take any action to enforce the default order until a copy signed by the court approving the default order is received.

6.712.4

Within two business days of the date the default order is entered by the court, the delegate Child Support Enforcement Unit shall, unless the case meets one of the good cause criteria specified in Section 14-14- 111.5 (3)(a)(II)(A), C.R.S., if the noncustodial parent is employed or has other income, send a Notice to Withhold Income for Support to the noncustodial parent's employer, trustee, or other payor of funds, and update the Automated Child Support Enforcement System. A copy of the Notice to Withhold Income for Support shall be filed with the court, if required by the court. If the noncustodial parent is ordered to provide health insurance and has health insurance available at reasonable cost (as defined at Section 6.230.16) through his/her employer, within 15 calendar days of the date the order containing medical support is entered or within two (2) business days from the report of the noncustodial parent's employment through the State directory of new hires, the delegate Child Support Enforcement Unit shall send a National Medical Support Notice to initiate health insurance coverage and update the Automated Child Support Enforcement System.

6.712.5 The order shall specify that the noncustodial parent send all payments through the Family Support Registry.

6.712.6 The effective date of the default order shall be the date signed by the court approving the default order.

6.712.7

If the default order is returned to the Child Support Enforcement Unit by the court as not approved, the delegate Child Support Enforcement Unit shall take appropriate action to cure the defect stated by the court as grounds for disapproval.

6.712.8 Upon receipt of a copy of the default order approved by the court, the delegate Child Support Enforcement Unit shall within 5 working days:

1. A. Update Automated Child Support Enforcement System with court order and initiate a ledger, and B. Send a copy of the order to the noncustodial parent, the custodial party, or his/her attorney, and to the initiating state, if appropriate, by first class mail.

6.712.9 Issuance of Default Order Establishing Paternity and Financial Responsibility (CSE-115P)

1. A. A default order may be issued in cases where paternity is at issue if, after service pursuant to Section 6.706:
   1. 1. The alleged father fails to appear for the initial negotiation conference as scheduled in the Notice of Financial Responsibility and fails to reschedule a negotiation conference prior to the date and time stated in the Notice of Financial Responsibility;
      1. 2. The alleged father fails to take or appear for a genetic test and a finding of good cause as described in subsection D of this section has not been made; or, 3. The genetic test results show a 97% or greater probability that the alleged father is the father of the child(ren), and he fails to appear at the negotiation conference and fails to reschedule the negotiation conference.
   2. B. The delegate Child Support Enforcement Unit shall within 5 working days of the date of the negotiation conference, or the date of the genetic test, file an original Order of Default (CSE-115P), as prescribed by the state department, and one copy with the clerk of the District Court in the county in which the Notice of Financial Responsibility-Paternity Action was issued, or in the District Court where an action relating to paternity and child support is pending.
      1. A Default Order Establishing Paternity and Financial Responsibility (CSE-115P) will not be issued when the noncustodial parent is incarcerated and fails to appear for the negotiation conference or the rescheduled negotiation conference. In these circumstances, the delegate Child Support Enforcement Unit's worker shall close the administrative process action for the reason that a hearing has been requested. The delegate Child Support Enforcement Unit's worker shall follow the process for requesting a court hearing pursuant to Section 6.714.
   3. C. The following documents shall be filed with the Order of Default (CSE-115P):
      1. 1. Return of Service (CSE-103), Waiver of Service (CSE-104), or return receipt signed by the obligor;
      2. 2. Affidavit of Non-Appearance (CSE-112) as prescribed by the state department;
      3. 3. Notice of Financial Responsibility (Paternity Action) (CSE-100P);
      4. 4. Verified Affidavit of Obligee (CSE-111P) as prescribed by the State Department, regarding paternity and genetic tests, if any;
      5. 5. Other documentation supporting the guideline calculation of the monthly support obligation such as wage information obtained from the Department of Labor and Employment;
      6. 6. Affidavit and Certification of Official Record (CSE-113) or foster care arrearage/unreimbursed maintenance payment calculation (CSE-132), as prescribed by the state department, or documentation supporting the calculation of child support debt such as public assistance payment records, foster care payment records, or arrears calculation information;
      7. 7. Guidelines worksheets;
      8. 8. Subpoena to Produce (CSE-101), and 9. Income and Expense Affidavit (CSE-102) for the custodial party, unless the action is for child support debt only.
   4. D. The default order shall be signed by the county director or employee of the delegate Child Support Enforcement Unit designated in writing by the county director.
   5. E. The delegate Child Support Enforcement Unit shall not take any action to enforce the default order until a copy signed by the court approving the default order is received.
   6. F. Within two business days of the date the default order is entered by the court, the delegate Child Support Enforcement Unit shall, unless the case meets one of the good cause criteria specified in Section 14-14-111.5(3)(a)(II)(A), C.R.S., if the noncustodial parent is employed or has other income, send a Notice to Withhold Income for Support to the noncustodial parent's employer, trustee, or other payor of funds, and update the Automated Child Support Enforcement System. A copy of the Notice to Withhold Income for Support shall be filed with the court, if required by the court. If the noncustodial parent is ordered to provide health insurance and has health insurance available at reasonable cost through his/her employer, within 15 calendar days of the date the order containing medical support is entered or within two (2) business days from the report of the noncustodial parent's employment through the State directory of new hires, the delegate Child Support Enforcement Unit shall send a National Medical Support Notice to initiate health insurance coverage and update the Automated Child Support Enforcement System.
   7. G. The court shall specify that the noncustodial parent send all payments through the Family Support Registry.
   8. H. The effective date of the default order shall be the date signed by the court approving the default order.
   9. I. If the default order is returned to the Child Support Enforcement Unit by the court as not approved, the delegate Child Support Enforcement Unit shall take appropriate action to cure the defect stated by the court as grounds for disapproval.
   10. J. Upon receipt of a copy of the default order approved by the court, the delegate Child Support Enforcement Unit shall within 5 working days:
       1. 1. Update Automated Child Support Enforcement System with court order, paternity information and initiate a ledger, and 2. Send a copy of the order to the noncustodial parent or his attorney of record to the custodial party and the initiating state, if appropriate, by first class mail.

6.713 ISSUANCE OF A TEMPORARY ORDER IF NO STIPULATION IS REACHED

6.713.1 [Rev. eff. 10/1/09]

If no stipulation is agreed upon at the negotiation conference and paternity is not an issue, or if the obligor contests paternity and the genetic test results are 97% or higher probability of paternity, the delegate Child Support Enforcement Unit shall issue temporary orders establishing current child support, foster care fee, retroactive support due, and medical support. The Notice of Financial Responsibility and proof of service shall then be filed with the clerk of the court. The Child Support Enforcement Unit shall request the court to set a hearing for the matter in accordance with Section 6.714.

6.714 REQUEST FOR COURT HEARING

6.714.1 [Rev. eff. 8/10/11]

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. 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.
   1. 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.

6.715 MODIFICATION OF ADMINISTRATIVE ORDERS

6.715.1

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.

6.715.2

The delegate Child Support Enforcement Unit may initiate a modification action in accordance with Section 6.261 to add, alter or delete provisions of an administrative order by serving the noncustodial parent with a Notice of Financial Responsibility for Review and Adjustment by first class mail, not less than eleven calendar days prior to the date stated in the Notice, and proceeding to either establish an order pursuant to a negotiation conference under Section 6.710 or issuing a default order pursuant to Section 6.712, or requesting a court hearing pursuant to Section 6.714.

6.715.3

The noncustodial parent or custodial party may file a written request for modification by serving the request on the delegate Child Support Enforcement Unit by first class mail or in person. Within 15 calendar days of receipt, the delegate Child Support Enforcement Unit must review the request to determine if a modification is appropriate in accordance with Section 6.261.

1. A. Upon determination that modification is appropriate, the delegate Child Support Enforcement Unit shall complete the process in accordance with Section 6.261.
   1. B. Upon determination that modification is not appropriate, the delegate Child Support Enforcement Unit shall advise the requesting party in accordance with Section 6.261.5.
   2. C. If the child to whom the court order pertains is no longer in the custody of a person receiving public assistance or receiving services for the current monthly support obligation from the delegate Child Support Enforcement Unit, certify the matter for a hearing to the court of order by filing a Certification for Hearing (CSE-119), as prescribed by the state department.

6.800 COLLECTION

6.801 MONITORING COLLECTIONS

6.801.1 The county department shall assure that methods and procedures exist to monitor collections and are implemented. Such methods and procedures include:

6.801.11 Establishing and maintaining receivable records for each noncustodial parent and distribution records for PA recipients and non-PA cases by initiating and maintaining the ledger on ACSES for all cases with a support order. Complete documentation of arrears calculations shall be retained in the case file;

6.801.12 [Rev. eff. 1/1/86]

1. Producing monthly and quarterly financial reports, as required by the State Department;

6.801.13 [Rev. eff. 12/1/97]

1. Referring within ten working days of the end of the month to the IV-A unit, for cases receiving benefits, a report of collections allocated to the monthly support obligation of an noncustodial parent;

6.801.14

1. Referring by the fourth working day of the month following the month of collection to the IV-A unit, for cases receiving IV-A benefits, a report of collections that exceeded public assistance that will be paid to such recipient, including the date of such payment;

6.801.15 [Rev. eff. 10/1/09]

1. Referring within fifteen business days of the month following the month of collection, to the Child Welfare program for cases receiving foster care maintenance or total cost of care payments or reimbursement of prior month maintenance or total cost of care payments, that will be paid to the county Child Welfare program, including date of such payment;

6.801.16 [Rev. eff. 10/1/09]

1. Referring within fifteen business days of the month following the month of collection, to the Child Welfare program for cases receiving IV-E foster care payments, a report of collections that exceed IV-E maintenance payments that will be paid to the county Child Welfare program, including date of such payment;

6.801.17 [Rev. eff. 10/1/09]

1. Referring within ten business days of the end of the month following the month of collection, to the state CSE accounting office cases receiving specific medical dollar amounts. State accounting will then forward to the state Medicaid within ten business days of receipt;

6.801.18 [Rev. eff. 10/1/09]

1. Producing and referring monthly to the county CSE unit a report of delinquencies of payment by the noncustodial parent for the prior month for appropriate action. For all cases, appropriate action shall be taken utilizing the delinquency reports; and,

6.801.19 [Rev. eff. 1/1/86]

1. Producing and referring monthly to the departmental accounting unit a report of fees and costs collected for the prior month to be used to reduce CSE program expenditures for reporting to the State Department.

6.802 PROCESSING COLLECTIONS

6.802.1 The county department shall assure that procedures for processing the flow of support payments be established and maintained. The following functions include:

6.802.11 Establish, maintain, and employ procedures which assure that persons responsible for handling cash receipts of support payments are not responsible for accounting functions of processing and monitoring such payments;

6.802.12 Ensure that only collections received by the Child Support Enforcement Unit or the Family Support Registry are recorded as IV-D payments on the Automated Child Support Enforcement System (ACSES) ledger or the Automated Child Support Enforcement System 360 series of screens and reported to the state office as child support enforcement collections;

6.802.13 Establish, maintain, and employ procedures which assure that all support payments received are accounted for in the financial records; and, 6.802.14 Establish, maintain, and employ procedures which provide for the allocation, distribution, and disbursement of child and spousal support payments and/or specific medical dollar order amounts.

6.803 PROCEDURES FOR ADMINISTRATIVE REVIEW OF CONTESTED ARREARS

6.803.1 PROCEDURES

The county department shall establish procedures for reviewing arrearage amounts that are to be reported to a consumer credit reporting agency or have been certified for administrative offset program, administrative lien and levy, tax offset, for lottery intercept, for workers’ compensation attachment, state vendor offset program, gambling intercept, or license suspension.

6.803.11 County Actions to Initiate the Review

1. Upon written request for an administrative review, within the time frame specified on the advance notice for reporting arrears to a consumer credit reporting agency, the pre offset notice for tax purposes, the notice of intercept of lottery winnings, the Administrative Lien and Attachment for workers’ compensation benefits, the notice for license suspension, the notice for administrative lien and levy, the notice for state vendor offset program, the notice of intercept of gambling winnings, and the notice for federal administrative offset program, the county Child Support Enforcement Unit shall:
   1. A. Schedule and advise the obligor and the custodial party in a non public assistance case of the date, time and place of the review and initiate administrative review information on the administrative review tracking system screen in the automated child support system.
   2. B. Request from the obligor copies of any modifications of the support order.
   3. C. Request from the obligor records of payments made by the noncustodial parent.
   4. D. Advise the obligor this review is a review of the records only and not a judicial determination.
   5. E. Request proof from the obligor if he/she has contested being the obligor.
   6. F. Advise the obligor that a decision will be rendered within thirty (30) days of the request for a review.

6.803.12 Notice of Administrative Review

1. The county department shall notify the obligor that an administrative review will only be held if the request for an administrative review concerns an issue of mistaken identity of the obligor or the amount of arrearages specified on the advance notice for reporting to a consumer credit reporting agency, the pre-offset notice for tax offset, the notice for lottery intercept, administrative lien and attachment for workers’ compensation benefits, the notice of license suspension, the notice for federal administrative offset program, the notice for state vendor offset program, the notice of intercept of gambling winnings, and the notice for administrative lien and levy.

6.803.13 County Department Review

1. On the date established, the county department shall review the child support case record, documents submitted by the obligor and determine the arrears.

6.803.14 County Actions to Complete the Review

1. Within ten (10) calendar days of the decision rendered, the county department shall update the automated child support system, take any additional action appropriate to reflect the decision, notify the obligor and the custodial party in a non-public assistance case of the decision rendered. The written decision shall include the timeframes reviewed, balance due for that timeframe, court orders reviewed including the child support terms of those orders, payment records reviewed, and amounts credited based on those records.

6.803.15 Notice of Further Review

1. The county department shall notify the obligor of his/her right to request a further review by the State Department. The obligor must be advised that the request must be made in writing and be received by the state office within thirty (30) calendar days of the mailing of the county decision to the obligor.

6.803.2 REVIEW OF ARREARAGE AMOUNT

After an obligor submits a written request to the State Department for review of an arrearage amount, the following procedures shall govern review of arrearage amounts that are to be reported to a consumer credit reporting agency, or have been certified for tax offset, for lottery intercept, for workers’ compensation benefits attachment, license suspension, federal administrative offset program, state vendor offset program, gambling intercept, and administrative lien and levy.

6.803.21 County Level Administrative Review

1. Upon written request from the obligor for an administrative review, a determination will be made if a county level administrative review occurred.
   1. A. If a county level administrative review has not occurred, and if the obligor is within the time frame specified on the notice, the request will be forwarded to the appropriate county and the county shall conduct a local level administrative review within thirty (30) calendar days of receiving the request from the state department. If a county level administrative review has not occurred and if the obligor is not within the time period specified on the notice, the obligor has lost the right to contest the arrears through the administrative review process.
   2. B. If a county level administrative review has occurred, the following procedure shall govern the review by the State Department:
      1. 1. The State Department shall set a date, time, and place for the review, which shall be within thirty (30) calendar days from the date the written request for review was received by the state department.
      2. 2. Provide a written notice to the obligor and the custodial party in a non-public assistance case of the date, time, and place of the review. This notice must also contain a statement which advises the parties of the conditions set forth in paragraphs 3, 4, and 5 below.
      3. 3. The only issues to be reviewed are a mistake in the identity of the obligor or a disagreement of the amount of arrears.
      4. 4. The review is a review of the records only and not a judicial determination.
      5. 5. The obligor must provide all records of his or her support payments.
      6. 6. Request that the county provide:
         1. a. The records that established the arrearages; and, b. A copy of its decision if not previously provided by the noncustodial parent.
      7. 7. The Automated Child Support Enforcement System will be updated to reflect the administrative review.
      8. 8. A decision will be rendered within 30 calendar days of the receipt of the written request for review unless the parties fail to provide the required information.

6.803.22 On the date established for the review, the state department shall review the records and determine the arrears. If more time is required to review the records or render a decision, the State Department may extend the time for rendering a decision by an additional 30 days.

6.803.23 Within ten (10) calendar days of the decision rendered, the State Department shall notify, in writing, the obligor, the custodial party in a non-public assistance case, and the county Child Support Enforcement Unit of the decision rendered. Any party shall have the right to appeal the decision. The written decision shall include the timeframes reviewed, balance due for those timeframes, court orders reviewed including the child support terms of those orders, payment records reviewed, and amount credited based on those records. The county department, upon receiving the decisions rendered by the State Department shall, within ten (10) calendar days, adjust the Automated Child Support Enforcement System records to reflect the decision rendered and take any additional action appropriate.

6.803.3 INTERSTATE

Procedures shall be established in the state with the child support order for reviewing arrearage amounts that have been certified for an IRS tax refund offset and involve an interstate case which cannot be resolved in the submitting state.

6.803.31 Upon written request for an administrative review in the State with the order, and within ten (10) calendar days, the submitting state shall notify the order holding state and send all necessary information which was considered in the decision of an arrearage amount. The order holding state shall:

1. A. Schedule and advise the obligor and in the custodial party in a non public assistance case of the date, time, and place of the administrative review.
   1. B. Advise the obligor that a decision will be rendered within forty five (45) calendar days of the receipt of the submitting state's request and information.

6.803.32 On the date established, the order holding state will review the child support case record, documents submitted by the noncustodial parent, and determine the arrears.

6.803.33 Within ten (10) calendar days of the decision rendered, notify in writing, the obligor, the custodial party, and the submitting state of the decision rendered. The written decision shall include the timeframes reviewed, balance due for those timeframes, court orders reviewed including the child support terms of those orders, payment records reviewed, and amounts credited based on those records. The submitting state shall be bound by the decision of the order holding state.

6.803.34 For incentive purposes, in a case that is referred to an order holding state for an administrative review, the collections made as a result of federal tax refund offset are treated as having been collected in full by both the submitting and order holding state.

6.803.4 PROCEDURES FOR ADMINISTRATIVE REVIEW OF CONTESTED DISTRIBUTION OF

1. AMOUNTS COLLECTED

6.803.41 Following verbal or written contact from a custodial party regarding questions or disagreement about distribution of amounts collected, the CSE unit will review the distribution and respond verbally or in writing. The custodial party must be advised that if there is still disagreement, he/she must submit a written request for an administrative review by the CSE unit.

6.803.42 Upon written request for an administrative review, within 10 working days from receipt of the written request, the CSE unit shall:

1. A. Schedule and advise the custodial party of the date, time and place of the review;
   1. B. Request the custodial party bring copies of any modification of the support order that have not been previously provided to the CSE unit;
   2. C. Request the custodial party bring records of any payments made directly to the family from the noncustodial parent;
   3. D. Advise the custodial party that a written decision will be rendered within thirty (30) days of the date of the review;
   4. E. Request the custodial party bring any other information to support his/her contention that the collections were distributed in error.

6.803.43 If the request for an administrative review concerns an issue other than the distribution of current support and/or arrearage payments, the CSE unit shall notify the custodial party that a review will not be held.

6.803.44 On the date established for the administrative review, the CSE unit shall review the child support case record and any information submitted by the custodial party and determine if the distribution of the amounts collected was correct.

6.803.45 Notify Obligee of Decision

1. The CSE unit shall promptly notify the obligee in writing of the decision rendered and will provide a copy of the decision to the State Department within five days of the date the decision is rendered.

6.803.46 Notify Obligee of Right for Further Review

1. The CSE Unit shall notify the obligee in writing of his/her right to request a further review by the State Department. The obligee will be advised that the written request must be received by the state office within thirty (30) calendar days of the mailing of the county decision to the obligee.

6.803.47 State Responsibilities

1. Upon written request for further administrative review, the State Department shall:
   1. A. Provide notice to the obligee which shall contain:
      1. 1. A statement that the only issue to be reviewed is the distribution of current support and/or arrearage payments collected;
      2. 2. A statement that the review is a review of the records only and not a judicial determination and that the review will be limited to the documentation in the CSE file and any written material the obligee wishes to present.
   2. B. Request from the CSE unit or obtain from the automated child support system, the records used for the distribution;
   3. C. Request from the CSE Unit a copy of its decision;
   4. D. Request from the county records of support payment paid directly to the family which were provided by the obligee during the administrative review;
   5. E. Advise the obligee that a written decision will be made within thirty calendar days of the receipt of the request;
   6. F. Advise the obligee of his/her right to appeal the state determination to State District Court on Judicial Review within thirty calendar days of the mailing of the decision.

6.803.48 Notify of Decision Rendered

1. The State Department shall, within thirty days of the date of the state level review, promptly notify in writing the obligee and the county CSE Unit of the decision rendered.

6.804 CHILD SUPPORT INCENTIVE PAYMENTS

6.804.1

Child support incentives distributed to counties shall be the amount of the federal incentives paid to the state plus the state share of retained collections. Child support incentives shall be paid to counties quarterly. The federal and state share incentives shall be calculated separately but using the same formula.

6.804.2 INCENTIVE FORMULA

The following formula to calculate incentives is used at the federal level to calculate incentives to distribute to states and shall be used in Colorado to calculate incentives to distribute to counties.

1. A. 2 X (collections for = “Collections Base”
   1. current and former IV-A and IV-E cases) + collections for non-PA and non-IV-E cases
2. B. Total “collections base” = County “collections base X the weight for each amount” for each performance measure performance measure C. Convert each actual = “Performance incentive performance ratio using factor” for each the conversion table performance measure D. “Performance incentive = The “unadjusted incentive factor” X the county amount” for each “collections base amount” performance measure for each performance measure E. Each county’s = Each county’s percent of “unadjusted incentive the state “unadjusted amount” ÷ state total of incentive amount”
   1. “unadjusted incentive amounts”
3. F. Each county’s percent of = “County incentive” for the “unadjusted incentive each performance amount” X the statewide measure incentive to be distributed for each performance measure G. Sum of the “county = Total “county quarterly incentive” for each federal incentive performance measure payment” or “county quarterly state share incentive payment”
4. H. Sum of county quarterly = Total “county quarterly federal and state share incentive payment”
   1. incentives

6.804.3 INCENTIVE PERFORMANCE MEASURES

All incentives will be distributed to counties based on five performance measures. Each performance measure will be calculated at the end of the quarter for each county.

1. A. Paternity establishment percentage (PEP) is:
   1. The total number of children born out of wedlock in the IV-D caseload with paternity established as of the end of the present month divided by the total number of children born out of wedlock in the IV-D caseload as of the end of the corresponding month of the previous year.
   2. B. The percent of caseload with support orders is:
      1. The total number of cases with an order for support as of the end of the present month divided by the total number of cases in the caseload as of the end of the present month.
   3. C. The percent of current support paid is:
      1. The total dollar amount of child support payments made to current monthly support obligations from the beginning of the year to the present time divided by the total dollar amount of current monthly support obligations due from the beginning of the year to the present time.
   4. D. The percent of arrears cases with a payment is:
      1. The total number of cases with a payment made to an arrears obligation or current delinquency balance during the previous 12 months divided by the total number of cases with an arrears obligation or current delinquency owed as of the end of the present month.
   5. E. The cost effectiveness ratio is:
      1. The total county combined collections divided by the total county administrative costs.

6.804.4 WEIGHTING THE PERFORMANCE MEASURES

The paternity establishment percentage, the percent of caseload with orders, and the percent of current support paid shall have a weight of 100%. The percent of arrears cases with a payment and the cost effectiveness ratio shall have a weight of 75%.

6.804.5 “STATEWIDE INCENTIVE AMOUNT” FOR EACH PERFORMANCE MEASURE

The total amount of incentives to be distributed shall be the quarterly estimated incentive amount received from the federal government plus the state share incentive.

6.804.6 CONVERSION TABLE

The bottom threshold of the table is 50% for the paternity establishment percentage and the percent of caseload with orders. No incentives will be paid for performance ratios from 0% to 49.9%. The bottom threshold of the table is 40% for the percent of current support paid and the percent of arrears cases with a payment. No incentives will be paid for performance ratios from 0% to 39.9%. Each performance ratio, except for the cost effectiveness ratio, converts, by means of the following table, to a performance incentive factor.

1. If the performance ratio But is less than The performance If the performance ratio is at least incentive factor equals: is at least 80% . 100% 40% 79% 80% 98% .

   78% 79% 96% .

   77% 78% 94% .

   76% 77% 92% .

   75% 76% 90% .

   74% 75% 88% .

   73% 74% 86% .

   72% 73% 84% .

   71% 72% 82% .

   70% 71% 80% .

   69% 70% 79% .

   68% 69% 78% .

   67% 68% 77% .

   66% 67% 76% .

   65% 66% 75% .

   64% 65% 74% .

   63% 64% 73% .

   62% 63% 72% .

   61% 62% 71% .

   60% 61% 70% .

   59% 60% 69% .

   58% 59% 68% .

   57% 58% 67% .

   56% 57% 66% .

   55% 56% 65% .

   54% 55% 64% .

   53% 54% 63% .

   52% 53% 62% .

   51% 52% 61% .

   50% 51% 60% .

   49% 50% 59% .

   48% 49% 58% .

   47% 48% 57% .

   46% 47% 56% .

   45% 46% 55% .

   44% 45% 54% .

   43% 44% 53% .

   42% 43% 52% .

   41% 42% 51% .

6.804.61 Cost Effectiveness Ratio (CER) Conversion Table

1. The cost effectiveness ratio converts, by means of the following table, to a performance incentive factor. The bottom threshold of the table is $2.00. No incentives will be paid for a cost effectiveness ratio under $2.00.

   If the CER is at least But is less than The performance incentive factor equals:

   $5.00 . 100% $4.50 $4.99 90% $4.00 $4.49 80% $3.50 $3.99 70% $3.00 $3.49 60% $2.50 $2.99 50% $2.00 $2.49 40%

6.804.7 ADJUSTMENT

An annual adjustment will be done at the end of the federal fiscal year, replacing the estimated state incentive with the actual statewide incentive payment received from the federal office of Child Support Enforcement. The adjustment is done in the quarter following the date the state office receives the adjustment letter from the federal office. The adjusted amounts are incorporated into the current quarter's incentive payments. If there are counties that have a negative incentive amount in the adjusted quarter, they will be billed for this amount by the state Division of Accounting.

6.804.8 REINVESTMENT

Federal regulations require that all federal incentives received be reinvested into the child support program to ensure continued improvement, adequate resources, and maintenance of a high performance level for the child support enforcement program.

The state share incentives are not subject to this federal requirement, and county departments can use the state share amount for any social services program.

6.804.81 Reinvestment of Federal Incentives

1. When a county's federal incentives for a calendar year exceed the county 34% share of county administrative expenditures, the county shall demonstrate to the state Child Support Enforcement Unit how the excess federal incentives are reinvested in the child support program. Counties shall report this information to the state Child Support Enforcement Unit within two calendar years of receipt of the federal incentives, or if counties are unable or unwilling to reinvest the federal incentives in the child support program, they shall return that amount to the state office.

6.804.82 Counties must gain state approval of any plan to reinvest federal incentives that exceed their 34% share of county administrative expenditures by presenting to the state Child Support Enforcement Unit a written proposal of their plan. The reinvestment can be made directly into the Child Support Enforcement program or can be made to a program not approved for IV-D federal participation of expenditures, as long as the county can demonstrate to the state office how the proposed program will benefit the Child Support Enforcement program.

6.805 CHILD SUPPORT COLLECTIONS PROCESSING [Rev. eff. 10/1/09]

1. A. Support collections shall be allocated, distributed, and disbursed within federally required time frames, based upon the Colorado Date of Receipt.
   1. B. Disbursement
      1. 1. In responding interstate cases, for which collections are made on behalf of another state, the payment must be forwarded to the location specified by the initiating state child support enforcement agency. Collections must be forwarded to the initiating state within two business days of the date the payment is received by the Family Support Registry and within thirty (30) calendar days of the date the payment is received from tax offset collections.
         1. In transmitting collections, the responding state must provide the initiating state with sufficient information to identify the case, the initial date of receipt, whether the collection was made through state tax refund offset, and the responding state's FIPS code.
      2. 2. For instate cases and for initiated interstate cases in which another state is making collections for Colorado, the initial date of receipt, for disbursement purposes, is the Colorado initial date of receipt.
         1. a. In former assistance cases and non-IV-A cases, the Child Support Enforcement agency must forward collections to the family within two business days from the Colorado initial date of receipt.
         2. b. If any moneys are owed for the non-PA service fee, those moneys will be held from any disbursement being sent to the custodial party, whether from the current monthly support obligation or from an arrears or judgment disbursement.
         3. c. Federal income tax refund offset for payment on arrears:
         4. 1) IV-A collections paid to the family as excess over unreimbursed public assistance must be sent to the family within thirty calendar days of the Colorado initial date of receipt. If collections are based on a joint refund, the county Child Support Enforcement Unit may delay disbursement to the family until:
         5. a) the Child Support Enforcement Unit is notified that the unobligated spouse’s proper share of the refund has been paid; or, b) for a period not to exceed six months from notification of offset, whichever date is earlier.
         6. 2) IV-E collections must be transferred to the IV-E agency or to the family as appropriate, within thirty (30) calendar days of the Colorado initial date of receipt.
         7. 3) Non-IV-A collections must be sent to the family within 30 calendar days of the Colorado initial date of receipt. If any moneys are owed for the non-PA service fee, those moneys will be held from any disbursement being sent to the custodial party, whether from the current monthly support obligation or from an arrears or judgment disbursement. If the collections are based on a joint refund, the county Child Support Enforcement Unit may delay disbursement to the family until:
         8. a) the Child Support Enforcement Unit is notified that the unobligated spouse's proper share of the refund has been paid; or, b) for a period not to exceed six months from notification of offset, whichever date is earlier.

6.805.1 GENERAL ALLOCATION RULES SHALL BE AS FOLLOWS:

1. A. All support collections shall be receipted timely by the Family Support Registry and the county department of social services as prescribed by the state.
   1. B. Collections shall be entered on the ACSES screens using the Colorado Date of Receipt.
   2. C. All collections shall be allocated within two business days after receipted in the Family Support Registry or the Child Support Enforcement Unit to meet distribution and disbursement time frames.
   3. D. All child support collections receipted in the Family Support Registry or the county department of social services shall be processed on the ACSES.
   4. E. All manual overrides of allocation on the ACSES shall be documented in the ACSES case chronology.
   5. F. Allocation to multiple arrears obligations on the same ledger shall satisfy the most recent obligation first based on the beginning accrual date of the obligation.
   6. G. Monthly Support Obligation (MSO) shall be posted each month on all IV-D ledgers where a current obligation is due for the current accounting month. The monthly support obligation shall be retroactively posted for each month that it was due and not previously posted.
   7. H. Monthly Medical Obligation (MMO) shall be posted on manual cash ledgers for all IV-D cases where a current obligation is due for the current accounting month.

6.805.11 Judgment collections will be allocated to the ledger in the following order:

1. A. Monthly Support Obligation (MSO) will be satisfied first on all ledgers with MSO posted for the current accounting month, prorated among each class of MSO posted on the ledger.
   1. B. Monthly Medical Obligation (MMO) when there is a specified dollar amount ordered.
   2. C. Non-IV-A post assistance, non IV D, non-IV-A never assistance, non-IV-E foster care, and monthly specific medical order, judgment balances, pro rated across balances.
   3. D. IV-A unassigned pre-assistance judgment balances, prorated across balances.
   4. E. Judgment costs due the department.
   5. F. IV-A assigned pre-assistance judgment balances, prorated across balances.
   6. G. IV-A assigned and IV-E foster care judgment balances pro-rated across balances.
   7. H. Any remaining collection will then be considered a noncustodial parent over collection and will be refunded to the noncustodial parent.

6.805.12 Collections on a voluntary payment will be allocated to the ledger in the following order:

1. A. The collection will first satisfy any noncustodial parent erroneous disbursement ledger balance.
   1. B. The total remaining collection will then be applied against the Unreimbursed Public Assistance
      1. (UPA) balance for IV-A active cases, applied against the current month's foster care maintenance payment for IV E foster care cases, or sent to the non IV-A family or the county business office for a non-IV-E foster care case.

6.805.13 Internal Revenue Service intercept collections will be allocated to the ledger, proratedacross certified balances, in the following order:

1. A. Pre-assistance arrears owed to the state.
   1. B. Collection will first satisfy in-state IV-A, ordered specific dollar amounts for medical arrears, and IV-E foster care current delinquency.
   2. C. In-state IV-A, ordered specific dollar amounts for medical arrears, and IV E foster care non- judgment obligations.
   3. D. In-state IV-A, ordered specific dollar amounts for medical arrears, and IV E foster care judgment obligations.
   4. E. Out-of-state IV-A, ordered specific dollar amounts for medical arrears, and IV E foster care current delinquency.
   5. F. Out-of-state IV-A, ordered specific dollar amounts for medical arrears, and IV E foster care non judgment obligations.
   6. G. Out-of-state IV-A, ordered specific dollar amounts for medical arrears, and IV E foster care judgment obligations.
   7. H. In-state non-IV-A and non-IV-E foster care current delinquency.
   8. I. In-state non-IV-A and non-IV-E foster care non judgment obligations.
   9. J. In-state non-IV-A and non-IV-E foster care judgment obligations.
   10. K. Out-of-state non-IV-A and non-IV-E foster care current delinquency.
   11. L. Out-of-state non-IV-A and non-IV-E non-judgment obligations.
   12. M. Out-of-state non-IV-A and non-IV-E judgment obligations.
   13. N. Any remaining collection will then be considered a noncustodial parent over collection and refunded to the noncustodial parent. If the intercepted collection was based on a joint tax return, the over collection refund will be issued in both joint filers' names.

6.805.14 Cost collections will be allocated to the ledger in the following order:

1. A. The collection will first satisfy in state costs due the CSE unit that incurred the cost.
   1. B. Out-of-state costs due another state.
   2. C. Costs due to the custodial party.
   3. D. Any remaining collection will be considered a noncustodial parent over collection and refunded to the noncustodial parent.

6.805.15 All other collections, including state revenue, will be allocated to the ledger in the following order:

1. A. Monthly Support Obligation (MSO) will be satisfied first on all cash ledgers with MSO posted for the current accounting month, prorated among each class of MSO posted on the ledger.
   1. B. Monthly Medical Obligation (MMO) when there is a specific dollar amount ordered.
   2. C. In state non-IV-A post assistance, ordered specific dollar amounts for medical arrears, non-IV- A never assistance, non-IV-E foster care, and non-IV-D current delinquency prorated across ledger balances.
   3. D. In state non-IV-A post assistance, ordered specific dollar amounts for medical arrears, non-IV- A never assistance, non-IV-E foster care, and non-IV-D non-judgment obligations prorated across ledger balances.
   4. E. In state non-IV-A post assistance, ordered specific dollar amounts for medical arrears, non-IV- A never assistance, non-IV E foster care, and non IV D judgment obligations; prorated across ledger balances.
   5. F. Out of state non-IV-A post assistance, ordered specific dollar amounts for medical arrears, non-IV-A never assistance, non-IV E foster care, and non IV D current delinquency, prorated across ledger balances.
   6. G. Out of state non-IV-A post assistance, ordered specific dollar amounts for medical arrears, non-IV-A never assistance, non-IV E foster care and non IV D non judgment obligations, prorated across ledger balances.
   7. H. Out of state non-IV-A post assistance, ordered specific dollar amounts for medical arrears, non-IV-A never assistance, non-IV E foster care, and non IV D judgment obligations, prorated across ledger balances.
   8. I. In-state IV-A unassigned pre-assistance current delinquency prorated across ledger balances.
   9. J. In-state IV-A unassigned pre-assistance non-judgment obligations prorated across ledger balances.
   10. K. In-state IV-A unassigned pre-assistance judgment obligations prorated across ledger balances.
   11. L. Out-of-state IV-A unassigned pre-assistance current delinquency prorated across ledger balances.
   12. M. Out-of-state IV-A unassigned pre-assistance non-judgment obligations prorated across ledger balances.
   13. N. Out-of-state IV-A unassigned pre-assistance judgment obligations prorated across ledger balances.
   14. O. Noncustodial parent erroneous disbursement ledger balances.
   15. P. Judgment costs that are due the department.
   16. Q. Ledger costs due the department.
   17. R. In-state IV-A assigned pre-assistance current delinquency prorated across ledger balances.
   18. S. In-state IV-A assigned pre-assistance non-judgment obligations prorated across ledger balances.
   19. T. In-state IV-A assigned pre-assistance judgment obligations prorated across ledger balances.
   20. U. Out-of-state IV-A assigned pre-assistance current delinquency prorated across ledger balances.
   21. V. Out-of-state IV-A assigned pre-assistance non-judgment obligations prorated across ledger balances.
   22. W. Out-of-state IV-A assigned pre-assistance judgment obligations prorated across ledger balances.
   23. X. In state IV-A assigned and IV E foster care current delinquency, prorated across ledger balances.
   24. Y. In state IV-A assigned and IV E foster care non judgment obligations, prorated across ledger balances.
   25. Z. In state IV-A assigned and IV E foster care judgment obligations, prorated across ledger balances.
   26. AA. Out of state IV-A assigned and IV E foster care current delinquency, reported across ledger balances.
   27. BB. Out of state IV-A assigned and IV E foster care non judgment obligations, prorated across ledger balances.
   28. CC. Out of state IV-A assigned and IV E foster care judgment obligations, prorated across ledger balances.
   29. DD. Non IV D arrears balances that are not assigned or authorized for collection.
   30. EE. Any remaining collection will be considered as prepay if an ongoing monthly support obligation exists. If no ongoing monthly support obligation exists for MSO or MMO, any remaining collection will be considered a noncustodial parent over collection and refunded to the noncustodial parent.

6.805.2 DISTRIBUTION OF SUPPORT COLLECTIONS [Rev. eff. 10/1/09]

The general rules for distribution of a collection are:

1. A. IV-A Cases
   1. 1. Amounts applied to the monthly support obligation are used to reimburse the total unreimbursed public assistance (UPA) provided to the family.
      1. 2. Amounts applied to the monthly support obligation as a result of voluntary child support collection on a IV D case without a valid court order shall be applied to the total Unreimbursed Public Assistance (UPA) provided to the family. Amounts that exceed the balance will then be applied to the Unreimbursed Maintenance
         1. (UMP) balance. Any remaining collection will be sent to the family as excess over unreimbursed public assistance by the second business day after the month in which the collection was received has closed.
      2. 3. Amounts applied to permanently assigned judgment, non-judgment arrearages, and current delinquency are used to reimburse unreimbursed public assistance and/or unreimbursed specific medical dollar order amounts and/or foster care unreimbursed maintenance payments under Title IV-E foster care.
      3. 4. Amounts applied to pre-assistance arrears for an accounting period prior to October 1, 2009, are used to reimburse unreimbursed public assistance. For an accounting period after October 1, 2009, amounts applied to arrears that existed before the custodial party received public assistance shall be paid to the custodial party within two business days of the Colorado initial date of receipt.
      4. 5. Unreimbursed public assistance and/or unreimbursed maintenance will be satisfied first in the enforcing county for all periods of public assistance, then Last in First Out (LIFO) for all other counties for all periods of public assistance for each county until all assigned arrears are collected. Payments to other counties will be made by means of an inter-county transfer of funds as prescribed by the state.
      5. 6. Amounts applied to assigned arrears due other states will be satisfied after all Colorado arrears have been satisfied.
      6. 7. In the event no other county has such monetary interest in the case, excess over unreimbursed public assistance will be paid to the recipient. Such payments are made no later than two business days after the month in which the collection was received has closed.
      7. 8. If an amount collected as support represents payments on the required support obligation for future months, the amount shall be applied to those future months. However, no amounts shall be applied to future months unless amounts have been collected which fully satisfy the child and spousal support and specific medical dollar order arrears.
      8. 9. Amounts allocated, distributed, and disbursed according to the information available on ACSES and CBMS regarding the public assistance status of a child(ren) during an eligible month shall remain as such even if the eligibility status of the child changes in the current or a later month.
   2. B. Former Assistance Cases
      1. 1. Amounts allocated to the monthly support obligation shall be paid to the family no later than two business days from the Colorado initial date of receipt.
      2. 2. Amounts allocated to unassigned judgment, non-judgment arrears, or current delinquency which accrued after the custodial party discontinued public assistance shall be paid to the family no later than two business days from the Colorado initial date of receipt.
      3. 3. Amounts allocated to pre-assistance arrears shall be paid to the family no later than two business days from the Colorado initial date of receipt unless collected through a federal income tax refund offset for an accounting period prior to October 1, 2009, in which case the amounts are used to reimburse the total unreimbursed public assistance provided to the family.
   3. C. IV-E - Distribution of Support Collections The amounts collected as support on behalf of children for whom the county is making foster care maintenance payments under Title IV E (Foster Care), shall be distributed as follows:
      1. 1. Amounts applied to the monthly support obligation are used to reimburse the foster care maintenance payment for the month in which the maintenance payment was made.
      2. 2. Amounts applied to the monthly support obligation that exceed the foster care maintenance payment shall be forwarded to the county business office to be applied according to the state’s reporting and accounting procedures.
      3. 3. Amounts of the foster care maintenance payment that exceed the monthly support collection are added to the balance of unreimbursed maintenance payments (UMP).
      4. 4. Amounts applied to assigned judgment and assigned arrearages are used to reimburse unreimbursed maintenance payments.
      5. 5. Amounts of arrearage/judgment that exceed unreimbursed maintenance payments are then used to reimburse unreimbursed public assistance, if any. Any remaining collections are paid to other counties that have a monetary interest in the case. Payments to other counties will be made by means of an inter-county transfer of funds as prescribed in the state office's Reporting and Accounting Procedures Handbook for IV D accounting. In the event no other county has such monetary interest in the case, any remaining collections are forwarded to the county business office for the benefit of the children for active cases and to the custodial party in closed cases. Such payments shall be transferred within fifteen business days of the month following the month of collection.
      6. 6. If an amount collected as support represents payment on the required support obligation for future months, the amount shall be applied to those future months. However, no amounts shall be applied to future months unless amounts have been collected which fully satisfy child support arrears.
      7. 7. Pursuant to Section 26-13-113, C.R.S., as added by S.B. 170 (July 1, 1985), as amended, the counties are not entitled to one half of the state share of Title IV E collections.
      8. 8. Amounts allocated, distributed, and disbursed according to the information available on ACSES and the child welfare automated system regarding the placement status of a child(ren) at the time the payment is processed on ACSES shall remain as such even if the placement status of the child changes in the current or a later month.
   4. D. Non-IV-A Cases
      1. 1. Amounts applied to the non-IV-A monthly support obligation or arrears or judgment balance shall first be distributed to any non-PA service fee still owed by the custodial party, whether or not such fee has already been reported to the federal government.
      2. 2. Amounts applied to the non IV-A monthly support obligation are combined with amounts applied to non IV-A arrearages/judgment and shall be paid to the family no later than two business days from the Colorado initial date of receipt.
      3. 3. Amounts that represent payment on the required support obligation for future months shall be applied to those future months and shall be paid to the family no later than two business days from the Colorado initial date of receipt.
      4. 4. Intercept collections shall be paid to the family no later than 30 calendar days from the Colorado initial date of receipt. If a non-PA service fee is still due from the custodial parent, the intercept collection will be distributed to that fee first.
      5. 5. When an offset is being made to satisfy non IV-A past due support from a refund based on a joint tax return, the county may delay disbursement until notified that the unobligated spouse's proper share of the refund has been paid or for a period not to exceed six months from notification of offset, whichever is earlier.
      6. 6. Non IV-A applicants shall be charged a $25 certification fee only if an actual tax intercept occurs. The certification fee shall be deducted yearly from the first Internal Revenue Service intercept that occurs, regardless of the number of noncustodial parents. If the total yearly amount of all tax refunds for a case is less than $25, that amount will satisfy the certification fee.
   5. E. Non-IV-E Cases All payments allocated to the current monthly amount due or to judgment, non-judgment arrears, or current delinquency balances shall be forwarded to the county business office.

6.805.3 DISBURSEMENTS

6.805.31 Disbursement Schedule [Rev. eff. 10/1/09]

1. Disbursements shall be made based on disbursement schedules as prescribed by the State Department.

   . DISBURSEMENT TYPE SCHEDULED DATE A. Non IV-A current Next working day after allocation B. Non IV-A prepay Next working day after allocation C. Non IV-A arrears Next working day after allocation D. Excess over UPA for Next working day after custodial party financially allocation discontinued from IV-A E. Payments to other states Next working day after allocation F. Non IV-A intercept Six months after the collection based on joint initial date of receipt tax returns G. Non IV-A intercept Next working day after collection based on allocation noncustodial parent's return H. Non IV D child Next working day after allocation I. Non IV D case Next working day after allocation J. Over collect to non- Next working day after custodial parent allocation K. Over collect to non- Six months after the custodial parent based on initial date of receipt joint tax returns L. Excess over UPA for Second business day after custodial party remaining the month in which the financially active on IV-A collection was received has closed M. Excess over UPA for Six months after the custodial party based on initial date of receipt joint tax returns N. Excess over maintenance Second business day after the month in which the collection was received has closed O. Excess over UMP Second business day after the month in which the collection was received has closed

6.805.32 Family Support Registry Disbursements

1. The automated child support system disbursement registers are produced in the county if there is an adjustment to an accounting period prior to 1994. Disbursements are transmitted to the Family Support Registry on a daily basis and checks are created and mailed daily by the Family Support Registry.

6.805.33 Erroneous Intercept Collection

1. When an intercept collection is identified as an erroneous certification intercept collection such as the amount was not owed at the time of certification or the wrong person was intercepted, the Child Support Enforcement Unit shall refund the collection within two working days from the time the erroneously intercepted person provides notice of intercept. This payment shall be disbursed even if the erroneous intercept collection has not been received by the county Child Support Enforcement Unit.

6.805.34 Erroneous Collection from Enforcement Remedy

1. When a collection from any enforcement remedy is identified as an erroneous withholding, such as the assignment was not modified or terminated in a timely manner due to a modification of the order or to the arrears being paid in full, income for a obligor was inappropriately withheld, the Child Support Enforcement Unit shall refund the withheld monies within two working days from the date the obligor provides notice of erroneous withholding. This payment shall be disbursed to the obligor even if the erroneous withholding was not retained by the Child Support Enforcement Unit.

6.805.35 Appeal of Joint Account Collection From FIDM

1. When a FIDM notice of lien and levy is made on a joint or shared ownership account, as defined at Section 15-15-201(5), C.R.S., the non-debtor account holder may appeal the seizure of his or her share of the funds (see Section 6.906.5), first through the Colorado Department of Human Services, Division of Child Support Enforcement, and then, if still disputed, judicially. If the appeal is approved, the Colorado Department of Human Services, Division of Child Support Enforcement, shall release all or part of the lien and levy within two (2) working days from the date the appeal decision is made by the Colorado Department of Human Services, Division of Child Support Enforcement, or within two working days of the receipt of the judicial order approving the appeal. In the event that the financial institution has already remitted payment to the Family Support Registry at the time of the appeal ruling, the payment shall be refunded to the non-debtor account holder pursuant to the appeal ruling.

6.805.4 INTEREST

1. A. Interest on support collections that are deposited in a financial institution in interest bearing accounts shall be used to reduce administrative costs as prescribed by the state department.
   1. B. Interest collected through support arrears/debt shall be considered a support collection and shall be used to reduce the UPA/UMP balances or, for non IV-A cases, paid to the families.
      1. 1. In order to collect interest, the interest rate will be calculated as prescribed by the state department on the balance past due at the current interest rate in effect as set forth in Sections 5-12-101 and 14 14 106, C.R.S.
      2. 2. Interest on arrears balances will be calculated for a specific amount of arrearages/debt covering a specific period of time. The amount of interest will be listed separately from the amount listed for child support arrears/debt and shall be added to the IV-D ledger on the Automated Child Support Enforcement System using the appropriate interest adjustment reason codes. The two figures will be added together to show the total amount of judgment or non judgment balances.
      3. 3. A county may charge interest on a child support order according to statute. If a county intends to calculate interest, it must:
         1. a. Send a written notice to the obligor or his/her attorney of record, if one exists, that interest will be assessed on the order.
         2. b. The county may only assess interest beginning with the date of the notice referenced in paragraph a, of this section.
         3. c. The county shall complete an updated interest calculation every six (6) months for all cases where notice, in paragraph a of this section, was provided and shall provide written notification of the amount of interest assessed to the obligor or his/her attorney of record, if one exists.
      4. 4. The county Child Support Enforcement Unit may waive the collection of interest if it wishes to use interest as a negotiating tool to reach a payment settlement on both public assistance and non public assistance cases.

6.805.5 MED1CAID REFERRAL CASES [Rev. eff. 10/1/09]

The amounts collected as support on behalf of SSI and IV-A related Medicaid referral cases shall be distributed in the same manner as non-IV- A cases. Amounts collected as support on behalf of foster care related Medicaid Referral cases shall be distributed to the county business office.

6.805.6 OVER COLLECTION

Any amount collected in excess of support obligations (including arrearages and administrative costs) must be paid to the noncustodial parent.

6.805.7 ADMINISTRATIVE COSTS

An amount applied to administrative costs must be used to reduce, dollar for dollar, Child Support Enforcement program expenditures as prescribed by the state department.

6.805.8 DISBURSEMENTS ON HOLD

6.805.81 Child Support Enforcement Units shall ensure that procedures are established in the county to work the disbursements on hold list daily.

6.805.82 For those cases which have multiple disbursements on hold equaling under $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.

6.805.83 Once it has been determined that the disbursement can be released because the payee has been located, additional information has been received from the other state, or the original reason for the hold no longer exists; then, the Child Support Enforcement worker shall immediately:

1. A. Update the person record with the new address or update the Automated Child Support Enforcement System (ACSES) with the requested information from the other state; and, then, the CSE worker shall immediately:
   1. B. Release the disbursement to the payee on the ACSES disbursement record.

6.805.84 If the Child Support Enforcement worker is unable to release the disbursement because additional information is required about the location of the payee or from another state, the Child Support Enforcement Unit shall ensure that the additional information has been requested from the source and that a review date is set to ensure the information is supplied. The county Child Support Enforcement Unit shall utilize all appropriate local, state, and federal sources to determine the location of the payee.

6.805.85 If the custodial party cannot be located within 90 calendar days of the original warrant issue date, the Child Support Enforcement worker shall research the ledger to determine if there are assigned arrears.

1. If there are assigned arrears, the disbursement shall be reapplied to the ledger and allocated to the assigned arrears balance.

6.805.86 If there are no assigned arrears, the Child Support Enforcement worker shall research the ledger to determine if there is a noncustodial parent erroneous disbursement balance on the ledger.

1. If there is no noncustodial parent erroneous disbursement balance on the ledger, the disbursement shall be reapplied to the ledger, allocated to noncustodial parent over collect, and disbursed to the noncustodial parent.

6.805.87 If the payee (either the custodial party or the noncustodial parent) cannot be located within 180 calendar days of the original warrant issue date, the Child Support Enforcement worker shall, by the 181st calendar day, transfer the collection to the abandoned collections account on the disbursement record on the Automated Child Support Enforcement System. If the disbursement has not been transferred to the abandoned collections account, the Automated Child Support Enforcement System programming will automatically transfer all single disbursements for under $10 to the abandoned collections account on the 181st calendar day after the original warrant issue date.

1. The Automated Child Support Enforcement System will automatically reimburse any custodial party erroneous disbursement balance on the ledger before the payment is transferred to the abandoned collections account.

6.805.88 If the noncustodial parent requests payment of the disbursement once it has been transferred to the abandoned collections account, the transfer to the account will be reversed and the disbursement will be sent to the noncustodial parent.

6.805.89 If the custodial party requests payment of the disbursement after the disbursement on hold has been resolved, the Child Support Enforcement worker shall:

1. A. If the disbursement was reallocated on the ledger to the assigned arrears, back out and reallocate the payment as it was originally allocated.
   1. B. If the disbursement was reallocated on the ledger to noncustodial parent over collect, back out and reallocate the payment as it was originally allocated; however,
      1. 1. If the disbursement was cashed by the noncustodial parent, inform the custodial party that the disbursement cannot be sent.
      2. 2. If the disbursement was not cashed by the noncustodial parent, but was transferred to the abandoned collections account, reverse the transfer and send the disbursement to the custodial party.

6.805.9 UNFUNDED DISBURSEMENTS

An unfunded disbursement occurs when a support payment is made and disbursed to a custodial party but subsequently becomes unfunded. An unfunded disbursement is considered an overpayment to the custodial party and should be repaid by the custodial party The county CSE Unit shall make every reasonable effort to recover such overpayments pursuant to Section 6.805.92.

6.805.91 Allocation to Wrong Account

1. If the payment was allocated to the wrong account, the county CSE Unit shall allocate and disburse the payment to the correct account within five working days of discovering the error, even if the county has not received a recovery from the payee who received the original disbursement.

6.805.92 Recovery

1. The county CSE Unit must have an agreement with the custodial party in order to recover the unfunded disbursement. If the custodial party does not agree to the unfunded disbursement recovery, county Child Support Enforcement Units may pursue recovery through civil means or may write off the unfunded disbursement amount.

6.805.93 Notification

1. The county CSE Unit must ensure that the custodial party has received notification of the unfunded disbursement prior to automatic recovery of the unfunded disbursement amount. This notification may occur through the application for Colorado Works, Child Support Enforcement services, Medicaid services, or through the ACSES noticing process. The notice of the unfunded disbursement amount will inform the custodial party of her/his responsibility to repay the balance and will state that failure to respond to the notice constitutes an agreement of her/his part.

6.805.94 Inter-county Recovery

1. The Automated Child Support Enforcement System will automatically recover unfunded disbursement amounts from future support payments for all counties regardless of which county received the payment. Distributions to the unfunded disbursement balance will recover first for the allocating primary county, then enforcing county, then current county; and, then in order from the most recent county of assistance to the last county of assistance, until the total unfunded disbursement balance has been recovered.
   1. The primary contact county shall be responsible for any negotiations with the custodial party and for ensuring that the statewide unfunded disbursement balance is paid. The Automated Child Support Enforcement System will determine the primary county. Any county CSE Unit can accept a cash payment from the Custodial Party to recover the unfunded disbursement amount.

6.805.95 Automatic Recovery

1. A. Automatic unfunded disbursement recovery will occur by the Automated Child Support Enforcement System during the distribution phase of payment processing.
   1. B. A backed-out and reapplied payment will always recover 100% of the unfunded disbursement amount that was created by the back-out.
   2. C. Default recovery percents will automatically be set by the Automated Child Support Enforcement System as follows:
      1. 1. 10% from non-assigned distribution 2. 100% from assigned distribution 3. 0% from IV-E or Non-IV-E distribution
   3. D. County CSE staff can change the percent or amount if the custodial party agrees but the Automated Child Support Enforcement System will automatically recover at least 10% of the payment or $10, whichever is greater.

6.805.96 Balance Statement

1. The county CSE Unit must send a balance statement to the custodial parent if one is requested. Balance statements requested on interstate cases will be sent to the other state.

6.805.97 Balance Write-off

1. The Automated Child Support Enforcement System will automatically write off unfunded disbursement balances for custodial parties who have no open cases anywhere in Colorado and with no financial history activity throughout the State for seven years.

6.900 ENFORCEMENT

6.901 ENFORCEMENT PROCEDURES [Rev. eff. 5/1/07]

The county Child Support Enforcement Units shall establish procedures to ensure that the full range of enforcement activities are undertaken and completed within the timeframes specified. The timeframes begin when the obligor is located or on the date the obligor fails to make a payment or when other support related non-compliance occurs. The timeframes end when enforcement action is taken. All enforcement activities must be documented in the automated child support system.

6.902 ENFORCEMENT FUNCTIONS

6.902.1 [Rev. eff. 10/1/09]

The following functions are the responsibility of the Child Support Enforcement Unit with regard to the enforcement of child support obligations for CSE cases, including PA, non-PA, foster care, and interstate cases.

6.902.11 County Procedures [Rev. Eff. 5/1/07]

1. Within thirty calendar days of identifying a delinquency or other non-compliance with the order, or location of the obligor, whichever occurs later, the Child Support Enforcement Unit must take appropriate enforcement action. The Child Support Enforcement Unit must assess each enforcement case to determine appropriate enforcement actions pursuant to Section 6.903.11.
   1. A. When an obligor fails to make full payment in the month the payment is due, appropriate enforcement action shall be taken.
   2. B. Income Assignment
      1. 1. If income assignment is included in the court order, the Notice to Withhold Income for Support must be sent within two business days after receipt of an income source.
      2. 2. If income assignment is not included in the court order, the Notice of Pending Income Assignment, the Advance Notice to Activate an Income Assignment and the Objection to Activate an Income Assignment must be sent within two business days after receipt of an income source. If the obligor does not file an objection to the activation of the income assignment, the Notice to Withhold Income for Support must be sent within two business days of the end of the ten day objection period.
      3. 3. A copy of the Notice to Withhold Income for Support shall be provided to the obligor by the employer.
      4. 4. Exception to automated income assignments. If an automated income assignment can not be issued due to an exception, the automated child support system will electronically generate a message to the enforcing county and the county child support enforcement worker shall complete the following within two working days of the date of the receipt of the message:
         1. a. Research the case to determine whether the exception is valid and correct the exception data if possible;
         2. b. Document the findings and the actions taken to correct the exception in the automated child support system;
         3. c. Issue the income assignment to the employer, if appropriate.
   3. C. Service of Process
      1. 1. If service of process is necessary, service must be completed and enforcement action taken within 60 calendar days of identifying a delinquency or of locating the obligor, whichever occurs later.
      2. 2. Repeated unsuccessful service of process attempts are not a valid reason for not meeting the timeframes. If service of process is unsuccessful because of a poor address, the case shall be referred back to the locate function.

6.902.12 Public Assistance Cases [Rev. eff. 10/1/09]

1. In public assistance and foster care cases, the Child Support Enforcement Unit shall enforce court-ordered child support obligations from any person who is legally liable for such support until such obligations are satisfied, including assigned arrearages, unless good cause exemption from referral to the Child Support Enforcement Unit has been determined to exist by the county director or designee. Spousal maintenance must also be enforced if established in the same court action and if the former spouse has physical custody of the children.

6.902.13 Non-Public Assistance Cases [Rev. eff. 6/1/04]

1. In non-public assistance cases, the Child Support Enforcement Unit shall enforce court-ordered child support obligations from any person who is legally liable for such support until such obligations are satisfied or services are no longer requested. Spousal maintenance must also be enforced if established in the same court action and if the former spouse has physical custody of the children. When the current support order and/or the child support arrears are no longer being enforced, the Child Support Enforcement Unit shall cease enforcement of spousal maintenance.

6.902.14 Arrears Calculation [Rev. eff. 10/1/09]

1. For all public assistance, foster care, and non-public assistance cases, the Child Support Enforcement Unit is required to calculate arrearages from the date the child support order is entered, including those cases where the date of the order is prior to the date of referral or application.

6.902.15 National Medical Support Notice [Rev. eff. 7/1/02]

1. The Child Support Enforcement Unit shall enforce a medical support order when the obligor fails to provide health insurance voluntarily, by issuance of the National Medical Support Notice to that obligor's employer, when such an employer is known.

6.902.16 Documentation of Unsuccessful Enforcement Action and Notice of Emancipation of a Child [Rev. Eff. 5/1/07] At the time of an unsuccessful enforcement action, the reasons must be examined and a determination made as to when it would be appropriate to take an enforcement action in the future, and enforcement must be taken at that time. This must be documented in the automated child support system and a review date set.

1. The enforcing Child Support Enforcement Unit must respond to the automated child support system's electronic message indicating the automatic generation of the right to request review notice for each party or his/her attorney of record. The electronic message alerts the worker when a child(ren) has reached the age of emancipation. Within five working days of receiving the electronic message and the generation of the right to request review notices, the worker must read the active order and determine if the child(ren) included in the order is emancipated pursuant to Section 14-10-115, Colorado Revised Statutes. If the child(ren) is emancipated and is not the youngest child on the order, the worker shall mail a right to request review notice to each party or his/her attorney of record.

6.902.17 Selection for Credit Reporting Process [Rev. eff. 3/2/10]

Obligors shall be selected for referral on all of their court orders when the following two conditions exist in the same accounting period on at least one court order: 1) current balance exceeds $500 and 2) there is an amount that is at least sixty calendar days past due. The Colorado Department of Human Services, Division of Child Support Enforcement, will generate a report which displays the orders that have been selected for credit reporting. The Child Support Enforcement Units shall take the following actions within thirty calendar days of the generation date of the credit reporting agency notification list:

1. A. Ensure that the monthly support obligation, monthly amount due, monthly payment due and current balance are correct; and, B. Ensure that the arrears in the inactive ledgers are not a duplication of those in the active ledgers; and, C. Ensure that the Social Security Number is correct; and, D. Clear any financial holds; and, E. Electronically send a request for suppression of the court order to the “SEU CRA” mailbox if:
   1. 1. Selection has been made on an incorrect person; or, 2. The order is associated with an interstate child support case and the other state is reporting and will continue to report the obligation.
   2. F. Document in the automated child support system all changes or other actions taken.

6.902.18 Notice [Rev. Eff. 5/1/07]

1. The Colorado Department of Human Services, Division of Child Support Enforcement, generates the pre-referral notice, thirty calendar days after the case is selected for credit bureau reporting. The obligor has thirty calendar days from the date of the pre-referral notice to pay the past-due obligation, pay a lump sum toward the current balance or submit a written request for an administrative review. If a written request for administrative review is received, the county child support enforcement worker shall follow Section 6.803.
   1. If the obligor has not paid the past-due obligation, paid a lump sum toward the current balance or requested an administrative review and at least thirty calendar days have lapsed, the information contained in the pre-referral notice will be submitted to the credit reporting agencies.

6.902.19 Referral [Rev. Eff. 5/1/07]

1. If, during the monthly referral to the credit reporting agencies, the obligor contacts the county child support enforcement worker to dispute the information contained in his/her credit report, the county child support enforcement worker shall:
   1. A. Enter the dispute code in the automated child support system within one working day of contact.
   2. B. Research the case to determine if the information is correct or incorrect. If incorrect, the necessary changes must be made to the child support case. The changes will be reflected in the next monthly update to the credit reporting agencies.
   3. C. Document in the automated child support system all changes or other actions taken. The county Child Support Enforcement Units shall respond to requests from the Division of Child Support Enforcement within two working days for payoff amounts and status information and within six working days for information needed to complete the investigation of a consumer credit dispute. If the Child Support Enforcement Unit receives a request for information from a lender, credit reporting agency or obligor, it shall follow Section 6.210.14.

6.902.2 SELECTION FOR DRIVER'S LICENSE SUSPENSION PROCESS [Rev. Eff. 5/1/07]

The obligor's court orders will be selected for the drivers' license suspension process if the monthly support obligation is not paid in full each month.

The Colorado Department of Human Services, Division of Child Support Enforcement, is the single point of contact between Child Support Enforcement and the Colorado Department of Revenue, Division of Motor Vehicles.

6.902.21 Reports [Rev. Eff. 5/1/07]

1. A. A report is generated by the Colorado Department of Human Services, Division of Child Support Enforcement, indicating any cases that have changed status with regards to driver's license suspension. County Child Support Enforcement workers shall take the following actions within thirty calendar days of the generation date of the EM-008, County License Suspension Action Report:
   1. 1. Suppress driver's license suspension action, if appropriate. A suppression may be entered at the court order level by the county child support enforcement worker or the technician may request a suppression at the person level, by electronically sending a request to the "SEU DLS" mailbox.
      1. 2. Document in the automated child support system all changes or other actions taken.
   2. B. A report is generated by the Colorado Department of Human Services, Division of Child Support Enforcement, indicating cases that have been suppressed from the driver's license suspension process. County child support enforcement workers shall review the case within thirty calendar days of the generation date of the combined suppression report and take the following actions:
      1. 1. If appropriate, remove the court case level suppression or request a release of the suppression at the obligor level, by electronically sending a release request to the "SEU DLS" mailbox.
      2. 2. Document in the automated child support system all changes or other actions taken.

6.902.22 Notices [Rev. Eff. 5/1/07]

1. The following notices are generated by the state office based on the specifics of each case.
   1. A. The obligor has thirty calendar days from the notice of noncompliance date to meet the paying criteria, pay the past due obligation, negotiate a payment plan or request, in writing, an administrative review. If a written request for an administrative review is received, the county child support enforcement worker shall follow Section 6.803.
   2. B. If a new payment plan is reached with the obligor, the county child support enforcement worker shall enter the new payment plan on the automated child support system pursuant to Section 6.902.3.
   3. C. If the obligor has not paid the past due obligation, negotiated a new payment plan, requested an administrative review or met the paying criteria after the notice of noncompliance is issued, and at least thirty calendar days have lapsed, the automated child support system will electronically send an initial notice of failure to comply to the Colorado Department of Revenue, Division of Motor Vehicles, to suspend the license. A paper copy of the initial notice of failure to comply is sent to the obligor at the same time.
   4. D. If the obligor complies and is sent a notice of compliance after the initial notice of failure to comply and then subsequently fails to meet the paying criteria, the automated child support system will electronically send a subsequent notice of failure to comply to the Colorado Department of Revenue, Division of Motor Vehicles, asking that the license be suspended. A paper copy of the subsequent notice of failure to comply is sent to the obligor at the same time.
   5. E. When a manual notice of compliance is needed to stop a suspension, the county child support enforcement worker shall electronically request a manual notice of compliance from the Colorado Department of Human Services, Division of Child Support Enforcement, which will determine if the request is warranted. If the request is approved, within one working day from the date of the decision, Colorado Department of Human Services, Division of Child Support Enforcement, shall fax a manual notice of compliance to the Colorado Department of Revenue, Division of Motor Vehicles.

6.902.23 Rescission [Rev. Eff. 5/1/07]

1. A. Within one working day of the discovery that an erroneous suspension of an obligor's driver’s license has occurred due to a county or state Child Support Enforcement office error only, the county child support enforcement worker shall electronically notify the Colorado Department of Human Services, Division of Child Support Enforcement, via the “SEU DLS” mailbox. The message shall contain the date of the erroneous suspension, the specific error that caused the erroneous suspension, and any other relevant facts.
   1. B. within two working days from the receipt of the electronic message, the Colorado Department of Human Services, Division of Child Support Enforcement, shall review the case to verify whether an error occurred and whether the error is documented in the automated child support system:
      1. 1. If the Colorado Department of Human Services, Division of Child Support Enforcement, determines that the suspension occurred erroneously, the Colorado Department of Revenue, Division of Motor Vehicles, shall be notified that the erroneous suspension must be rescinded.
      2. 2. If the Colorado Department of Human Services, Division of Child Support Enforcement, determines that the suspension was not erroneous, the county child support enforcement worker shall be electronically notified within two working days of the determination.

6.902.3 PAYMENT PLAN [Rev. Eff. 5/1/07]

The payment plan displays the monthly payment due. The monthly payment due consists of the monthly support obligation and Monthly Amount Due (MAD) on the arrears. The total monthly payment due shall not exceed the maximum amount of disposable income that is eligible to be withheld pursuant to Section 13-54-104(3)(b)(I & II), C.R.S.

1. A. If the obligor has a court ordered MAD on the arrears balance, the county child support worker must enter this amount and the correct code on the court ordered screen in the automated child support system. The code and amount must be removed when the court ordered MAD is no longer valid.
   1. B. If the obligor has a MAD set by the county child support worker, the following must be done when an obligor contacts the county to request a reduction of the MAD:
      1. 1. The county child support worker shall inform the obligor that documentation of their current income must be provided to adjust the MAD. The obligor must provide one of the following types of documentation:
         1. a. Pay check stubs for the last three months;
         2. b. Business bank statements for the last year;
         3. c. Federal/State tax return for the last three years;
         4. d. Documentation of disability; or, e. Letter from parole/probation officer of current financial circumstances.
      2. 2. The county child support worker shall enter the monthly gross income amount for the obligor, as determined by the documentation provided, into the income data screens on the automated child support system.
      3. 3. If the obligor has more than one child support enforcement case, all counties must honor the income data entered on the income data screens by changing the MAD for their case to between the automated child support system calculated fair share MAD and the minimum MAD.
      4. 4. Income documentation from the obligor shall be required in order for the county child support worker to update the income data screens. The income data can only be changed upon receipt of updated income documentation as outlined above in Number 1.
      5. 5. Income documentation shall be retained in the county case file.
      6. 6. When the pay plan amounts change, the county child support worker shall issue an amended order/notice to withhold income for support to reflect the new pay plan amount.

6.902.3 UNEMPLOYMENT COMPENSATION BENEFITS (UCB) [Rev. Eff. 5/1/07]

Automated, electronic income assignments are sent to the Colorado Department of Labor and Employment, Division of Unemployment Benefits (UCB), to attach an obligor’s unemployment compensation benefits.

The Colorado Department of Human Services, Division of Child Support Enforcement, is the single point of contact between Child Support Enforcement and the Colorado Department of Labor and Employment, Division of Unemployment Compensation Benefits.

When a case is unable to attach to a valid unemployment compensation claim, the county child support enforcement worker shall take the following actions as appropriate within two working days of being electronically notified:

1. A. Name mismatch – research the case to determine whether the correct name is entered and make any necessary corrections.
   1. B. Exclusion – research the case to determine whether the exclusion is valid and make any necessary corrections.
   2. C. Arrears payment – the county child support enforcement worker shall review the case to determine whether a previously negotiated monthly amount due (MAD) should be honored or if the fair share UCB MAD should be used.
   3. D. All changes or other actions taken to resolve the exclusions shall be documented in the automated child support system by the county child support enforcement worker.

6.903 ENFORCEMENT ACTIVITIES

6.903.1

The county department shall assure that the full range of enforcement activities are utilized, as applicable, for all CSE cases pursuant to CSE caseload categorization requirements as contained in these rules and consistent with cost-benefit caseload management.

6.903.11 Enforcement Remedies

1. The following enforcement remedies shall be utilized as appropriate:
   1. A. One of two processes of assignment from any type of income through a Notice to Withhold Income for Support:
      1. 1. Immediate income assignment - the process whereby the income assignment is ordered in the original or modified court or administrative order and takes effect immediately without any further notice to the noncustodial parent;
      2. 2. Other income assignment - the process whereby the order for income assignment is not part of the original order and the noncustodial parent is afforded due process through advance notification.
   2. B. Immediate health insurance premium withholding - the process of health insurance premium withholding being included in the original or modified court order or administrative order and taking effect immediately. The National Medical Support Notice (NMSN) must be sent to the obligor's employer. A notice must be sent to the obligor, informing him/her that the NMSN was sent to his/her employer and describing the rights and conditions regarding the issuance of the NMSN. Upon receipt of the notice, the obligor has ten (10) calendar days from the date of mailing to object to the Child Support Enforcement Unit, if:
      1. 1. The obligor believes that there is a mistake in identity and he/she is not the obligor or there is no court order for the obligor to provide health insurance. Upon receipt of a written objection, the CSE Unit will have ten (10) calendar days from the date of mailing to determine if the objection is valid. If valid, the CSE Unit must send a notice of termination to the obligor's employer with a copy to the obligor.
      2. 2. When an obligor is in receipt of the medical notice, s/he shall have an opportunity to request a review, at any time, as to the reasonableness of the health insurance premium.
      3. 3. Upon receipt of a written request to review, the Child Support Enforcement Unit shall recalculate the premium amount to determine if the premium amount meets the reasonable cost criteria defined at Section 6.230.16.
         1. a. If this amount does not meet the definition of reasonable and the children are not already enrolled, the CSE Unit will send a notice to the employer, with a copy to the obligor, to terminate the National Medical Support Notice.
         2. b. Alternately, if the Child Support Enforcement Unit finds the health insurance premium amount to be reasonable in cost, the Child Support Enforcement Unit shall send a notice to the obligor that the National Medical Support Notice shall remain in effect and of the obligor's right to object with the court if the obligor objects to the Child Support Enforcement Unit's review regarding reasonableness of the health insurance premium amount.
   3. C. Judgment for arrearages - the process of filing with the court of record a verified entry of judgment or motion and order for judgment for the amount of arrearages owed by the noncustodial parent.
   4. D. Post Judgment Remedies - the execution of legal remedies that are available in state law and procedure that are used to satisfy judgment. Such remedies include, but are not limited to:
      1. 1. garnishment of earnings;
      2. 2. garnishment of assets;
      3. 3. liens upon real property;
      4. 4. liens upon personal property;
      5. 5. forced sale of real or personal property;
      6. 6. liens upon motor vehicles.
   5. E. Intercept Program Participation - the participation in state and federal intercept programs which includes:
      1. - IRS income tax refunds, - State lottery winnings, - Unemployment Compensation Benefits, - State income tax refunds, - Gambling intercepts;

         - Federal administrative offset, and - State vendor offset.

   6. F. Billings and delinquency notices - the process of billing noncustodial parents or noticing delinquent noncustodial parents as a reminder of support obligations due and past due.
   7. G. Contempt Actions - the process of demonstrating to the court of record at a court hearing that the noncustodial parent has failed to comply with a court order and therefore should be held in contempt of court;
   8. H. Criminal Non-Support Actions - the process of demonstrating to the court of record at a court hearing that the noncustodial parent should be held criminally liable for the failure to support his/her family;
   9. I. Payment Guarantee Action - request to the court to order the obligor to post security, bond, or other form of guarantee to secure payment of the child support order;
   10. J. Contact with the noncustodial parent - the process of obtaining a support collection by contacting the noncustodial parent by telephone or in writing; and, K. Internal Revenue Service full collection service - levy by Internal Revenue Service against noncustodial parent's income or assets;
   11. L. Denial, Revocation, or Limitation of Passports - certifying to the United States Secretary of Health and Human Services the names of noncustodial parents that have failed to comply with a court order to pay child support and who owe the amount of federally mandated arrears for the purpose of denying, revoking, or limiting their passports;
   12. M. Fraudulent Transfers - a petition to the court to void transfers of property by an noncustodial parent to another party;
   13. N. Refer case for prosecution under the Federal Child Support Recovery Act;
   14. O. Administrative Lien and Attachment - form used to attach noncustodial parent's Department of Corrections inmate accounts.

6.903.2 PRIORITY OF OBLIGATION ENFORCEMENT

6.903.21 The county Child Support Enforcement Units shall utilize enforcement activities based upon the type of obligation and the results to be achieved. The order of effectiveness of obligation enforcement is as follows:

1. A. Enforcement activities that will result in regular collections to satisfy the monthly support obligation for public assistance and non-public assistance cases.
   1. B. Enforcement activities that will result in the collection of arrearages insofar as such enforcement does not interrupt the regular payment of the monthly support obligation by affecting the noncustodial parent's wages.
   2. C. Enforcement activities that will result in the collection of court-ordered costs due to the county department.

6.904 (None)

6.905 PROFESSIONAL OCCUPATIONAL LICENSE SUSPENSION PROCESS [Rev. eff. 2/1/08]

Referral will be made to the appropriate licensing board to suspend the professional or occupational license of obligors who:

1. A. Meet the selection criteria;
   1. B. Have been sent the required notices; and, C. Have failed to comply with a support order.

6.905.1 SELECTION [Rev. eff. 2/1/08]

Obligors will be selected for the professional occupational license process if they owe more than six months' gross dollar amount of child support and are paying less than fifty percent (50%) of their current, monthly child support obligation. [Eff. 2/1/2008]

6.905.2 REPORTS [Rev. eff. 3/2/10]

The reports that are generated by the Colorado Department of Human Services, Division of Child Support Enforcement, and used by county CSE Units to process professional occupational license suspension cases must be worked within thirty (30) days of receipt and all changes or other actions taken must be documented in the automated child support enforcement system.

6.905.3 NOTICES [Rev. eff. 5/1/07]

1. A. The obligor has thirty calendar days from the notice of noncompliance date to pay the past- due obligation, to negotiate a new payment plan or to request, in writing, an Administrative Review. When a written request is received, the county child support enforcement worker shall follow Section 6.803.
   1. B. When a new payment plan is negotiated with the obligor, the county child support enforcement worker shall enter the new payment plan into the automated child support system pursuant to Section 6.902.3.
   2. C. If the obligor has not paid the past-due obligation, negotiated a new payment plan, requested an Administrative Review or met the paying criteria after the notice of noncompliance, an initial notice of failure to comply shall be electronically sent to the licensing board asking the licensing board to suspend the license. A paper copy shall be sent to the obligor.
   3. D. If the obligor is issued a notice of compliance after the initial notice of failure to comply, but has again become delinquent, a subsequent notice of failure to comply shall be electronically sent to the licensing board asking the licensing board to suspend the license. A paper copy shall be sent to the obligor.
   4. E. When a notice of compliance is needed in less than twenty-four hours to stop the license suspension, the county child support enforcement worker shall electronically request a manual notice of compliance from the Colorado Department of Human Services, Division of Child Support Enforcement, which will fax a notice of compliance to the licensing agency.
   5. F. All changes or other actions taken shall be documented in the automated child support system by the county child support enforcement worker.

6.905.4 POINT OF CONTACT [Rev. eff. 2/1/08]

The Colorado Department of Human Services, Division of Child Support Enforcement, is the single point of contact between child support enforcement and the Department of Regulatory Agencies representing the licensing boards. County child support enforcement workers shall contact the Division of Child Support Enforcement for assistance with questions or concerns through the automated child support system. The Division of Child Support Enforcement shall resolve the questions or concerns with the Department of Regulatory Agencies and communicate the resolution to the county child support enforcement worker through the automated child support system.

6.906 SELECTION FOR FINANCIAL INSTITUTION DATA MATCH (FIDM) [Rev. eff. 2/1/08]

Obligors shall be selected for Financial Institution Data Match on all of their court orders after they have been advised of their due process rights by the issuance of the annual pre-offset notice and the following selection criteria have been met:

A. Arrears balance is $1,000.00 or greater; and, B. Pay criteria, as follows:

1. "Pay criteria" means the obligor has paid at least ninety percent (90%) of the expected monthly payment due on all selected orders in either the previous or prior accounting periods.
   1. 1. "Previous" refers to the accounting period one month before current calendar month.
   2. 2. "Prior" refers to the monthly accounting period two months before current calendar month. This paying criteria must be met or the obligor will be eligible to be selected for Financial Institution Data Match.

The Colorado Department of Human Services, Division of Child Support Enforcement, shall exclude partnership, custodial, and commercial accounts or accounts otherwise precluded by law. Pursuant to Section 26-13-128, C.R.S., "Uniform Transfers to Minors Act" and trust accounts of monies held in trust by a third party shall not be attached, encumbered or surrendered.

6.906.1 REVIEW OF SELECTED CASES [Rev. eff. 3/2/10]

Within seven (7) calendar days of the date the electronic notification is generated from the automated child support system, the county child support enforcement worker shall review the accepted match to ensure that the ledger is accurate and to ensure that issuing a lien and levy against the obligor's financial account is appropriate.

All changes or other actions taken shall be documented in the automated child support system by the county child support enforcement worker.

6.906.2 SUPPRESSION

6.906.21 Temporary Suppression

1. The county child support enforcement worker may, within the allotted seven (7) calendar days, suppress the accepted court order match on a temporary basis by updating the suppression code on the automated child support system. Temporary suppression may not be used for the reason "Obligor is Paying" since the automated child support system applies paying criteria pursuant to Section 6.906, B.

6.906.22 Indefinite Suppression [Rev. eff. 3/2/10]

1. The request for an indefinite suppression shall be submitted to the "SEU FIDM" mailbox electronically by the administrator of the Child Support Enforcement Unit.

6.906.3 CREATION OF THE LIEN AND LEVY [Rev. eff. 5/1/07]

If the court order match has not been suppressed, the automated child support system will create a lien and levy document on the eighth calendar day after the accepted match. The Colorado Department of Human Services, Division of Child Support Enforcement, will submit the lien and levy to the financial institution.

Seven calendar days after the lien and levy document has been sent to the financial institution, the Colorado Department of Human Services, Division of Child Support Enforcement, will notify the obligor and any non-debtor account holders of the lien and levy of the account along with the exception/exemption policy and/or the appeal policy.

6.906.4 EXCEPTION OR EXEMPTION CLAIM [Rev. eff. 3/2/10]

A. Within twenty (20) calendar days from the date of the lien, the obligor may request an exception claim per State policy from the Colorado Department of Human Services, Division of Child Support Enforcement, if there is terminal illness of the obligor or the obligor’s biological or adopted child.

B. Within 20 calendar days from the date of the lien, the obligor may request an exemption claim per State statute from the Colorado Department of Human Services, Division of Child Support Enforcement, if there is:

1. 1. Misidentification; or, 2. A custodial account created pursuant to the “Colorado Uniform Transfers to Minors Act” , Article 50 of Title 11, C.R.S., or a trust account of moneys held in trust for a third party; or, 3. An account held with a corporate tax identification number; or, 4. An account used to receive deposits of Supplemental Social Security Income benefits, Social Security survivors benefits, Veterans Administration disability benefits, child support payments, or public assistance benefits; or, 5. An account used to receive "earnings" as defined in Section 13-54-104, C.R.S. The maximum percentage amount of the account balance that can be seized will be determined based upon the documentation provided by the obligor. Documentation requirements are specified on the notice that the obligor receives.

The obligor is responsible for providing the Colorado Department of Human Services, Division of Child Support Enforcement, documentation in support of the above situations. The Colorado Department of Human Services, Division of Child Support Enforcement, shall review the claim and document its decision whether to approve or deny the claim. The claim shall be reviewed within three business days of receipt based upon the documentation outlined in the lien and levy exception/exemption policy that is included with the Notice of Lien and Levy. If the claim is approved, the Colorado Department of Human Services, Division of Child Support Enforcement, will issue a release of lien and levy to the financial institution. If the claim is denied, the lien and levy will remain in effect. The Colorado Department of Human Services, Division of Child Support Enforcement, shall notify the obligor and the county child support enforcement worker of the claim decision.

6.906.5 APPEAL PROCESS FOR JOINT ACCOUNTS [Rev. eff. 5/1/07]

The lien placed on any and all types of joint account(s) shall require the financial institution to freeze one hundred percent (100%) of the assets on deposit as of the date of the lien. "Joint accounts" means multiple party accounts as defined in Section 15-15-201(5), C.R.S. The Colorado Department of Human Services, Division of Child Support Enforcement, shall take the following actions:

A. The non-debtor account holders are noticed that they have twenty (20) calendar days from the date of the lien to request an appeal of the frozen funds on the basis that there is proof of contribution of the funds on deposit up to one hundred percent (100%) as of the date of the lien as governed by Section 15-15-211, C.R.S.

B. The request for appeal and the required documentation shall be reviewed by the Division of Child Support Enforcement within three working days of receipt.

1. 1. If the appeal is approved, the Colorado Department of Human Services, Division of Child Support Enforcement, will issue a release of lien and levy to the financial institution releasing the contribution of the non-debtor account holder.
   1. 2. If the appeal is denied, the lien and levy will remain in effect as to the amount frozen at the time of the lien.
   2. 3. The Colorado Department of Human Services, Division of Child Support Enforcement, shall notify the non-debtor account holder and the county child support enforcement worker of the appeal decision.

6.906.6 ALLOCATION OF FUNDS [Rev. eff. 3/2/10]

The levied funds are sent to the Family Support Registry and are allocated according to the obligor's court orders that were included on the FIDM lien and levy.

6.907 VENDOR OFFSET [Rev. eff. 5/1/07]

This enforcement remedy allows the State Controller’s Office to intercept monies from vendors/contractors who perform work for the State of Colorado and owe child support arrearages. The Colorado Department of Human Services, Division of Child Support Enforcement, is the single point of contact between Child Support Enforcement and the State Controller's Office.

6.907.1 SELECTION AND REFERRAL TO VENDOR OFFSET [Rev. eff. 3/2/10]

Obligors shall be selected for referral on their court order when the monthly support obligation is not paid in full.

The selection criteria is applied to each court order and subsequent court orders for the obligor. When a match is made between the obligor record and the vendor offset table, the county child support enforcement worker will be notified electronically through the automated child support system. The vendor offset table is maintained by the controller’s office and lists all vendors used by the State of Colorado.

6.907.2 REVIEW OF SELECTED CASES [Rev. eff. 3/2/10]

When the county child support enforcement worker is notified that the case has been selected for vendor offset, he/she shall review the case to ensure that the ledger balances are correct. If the county child support enforcement worker determines that vendor offset is not appropriate for the case, an electronic message must be sent through the automated child support system to the “SEU VO” mailbox to request suppression. The case will remain suppressed until the county child support enforcement worker electronically requests the Colorado Department of Human Services, Division of Child Support Enforcement, lift the suppression.

6.907.3 NOTICE [Rev. eff. 5/1/07]

The Colorado Department of Human Services, Division of Child Support Enforcement, generates a Notice of State Vendor Payment Offset when there is a match with the obligor with the vendor table and the match is not suppressed by the county Child Support Enforcement Unit. The obligor has thirty calendar days from the generation date of the Notice of State Vendor Payment Offset to take one of the following actions to stop the intercept of the vendor payment:

A. Contact the county child support enforcement worker and enter into a payment plan and pay the monthly payment due (MPD). If a payment plan is reached with the obligor, the county child support enforcement worker shall update the payment plan on the automated child support system pursuant to Section 6.902.3 concerning maintenance of the payment plan; or, B. Pay the total amount due on the court order; or, C. Submit a written request for an administrative review. If an administrative review is received, the county Child Support Enforcement worker shall follow Section 6.803. All changes or other actions taken shall be documented in the automated child support system by the county child support enforcement worker.

6.908 RECREATIONAL LICENSE SUSPENSION [Rev. eff. 5/1/07]

Referral will be made to the Colorado Department of Natural Resources, Division of Wildlife, to suspend the recreational license of obligors who:

A. Meet the selection criteria;

B. Have been sent the required notices; and, C. Have failed to comply with a support order.

6.908.1 SELECTION [Eff. 2/1/04]

Obligors will be selected for the recreational license suspension process if they owe more than six months’ gross dollar amount of child support and are paying less than fifty percent of their current monthly child support obligation.

6.908.2 NOTICES [Rev. eff. 5/1/07]

A. The obligor has thirty calendar days from the notice of the noncompliance date to pay the past-due obligation, to enter into a payment plan and begin paying the required amount within the 30 days or to request, in writing, an administrative review. If a written request is received, the county child support enforcement worker shall follow Section 6.803.

B. If the obligor enters into a payment plan, the county child support enforcement worker must enter the payment plan on the automated child support system pursuant to Section 6.902.3.

C. All changes or other actions taken shall be documented in the automated child support system by the county child support enforcement worker.

D. The automated child support system will electronically send a failure notice to the Department of Natural Resources to suspend the license privilege and shall send a paper copy to the obligor in the following circumstances:

1. 1. Obligor has not paid the past-due obligation;
   1. 2. Obligor entered into a new payment plan but failed to make a payment within 30 days of the pay plan; or, 3. Obligor failed to request an administrative review.

6.908.3 REPORT [Rev. eff. 3/2/10]

The reports that are generated by the Colorado Department of Human Services, Division of Child Support Enforcement, and used by county CSE units to process recreational license suspension cases must be worked within thirty days of receipt and all changes or other action taken must be documented in the automated child support enforcement system.

6.908.4 POINT OF CONTACT [Rev. eff. 3/2/10]

The Colorado Department of Human Services, Division of Child Support Enforcement, is the only point of contact with the Department of Natural Resources, Division of Wildlife. County child support enforcement workers shall electronically contact the Colorado Department of Human Services, Division of Child Support Enforcement, with any questions or concerns through the automated child support system. The Colorado Department of Human Services, Division of Child Support Enforcement, shall resolve child support enforcement issues with the Department of Natural Resources and electronically communicate the resolution to the county child support enforcement worker through the automated child support system.

6.908.5 MISTAKEN IDENTITY [Rev. eff. 5/1/07]

In cases of mistaken identity, the county child support enforcement worker shall notify the Colorado Department of Human Services, Division of Child Support Enforcement, through the automated child support system of the error. The county child support enforcement worker shall not enter the name of the innocent party into the alias screen in the automated child support system. The Colorado Department of Human Services, Division of Child Support Enforcement, shall notify the Colorado Department of Natural Resources, Division of Wildlife, to resolve the error.

6.908.6 POINT OF CONTACT [Rev. eff. 5/1/07]

The Colorado Department of Human Services, Division of Child Support Enforcement, is the only point of contact with the Department of Natural Resources, Division of Wildlife. County child support enforcement workers shall electronically contact the Colorado Department of Human Services, Division of Child Support Enforcement, with any questions or concerns through the automated child support system. The Colorado Department of Human Services, Division of Child Support Enforcement, shall resolve child support enforcement issues with the Department of Natural Resources and electronically communicate the resolution to the county child support enforcement worker through the automated child support system.

_____________________________________________________ Editor’s Notes History Sections B&P, 6.002, 6.210, 6.700, 6.805, 6.901, 6.902, 6.905, 6.906, 6.907, 6.908 eff. 05/01/2007. Sections 6.002, 6.101.2, 6.201.2, 6.261.3, 6.805, 6.805.2, 6.903.11 emer. rule eff. 10/01/2007. Sections 6.002, 6.101.2, 6.201.2, 6.261.3, 6.805, 6.805.2, 6.903.11 eff. 11/30/2007. Sections 6.905, 6.906 eff. 02/01/2008.

Sections 6.001.1 - 6.002, 6.201.2, 6.201.3, 6.201.6, 6.261.1, 6.700.3, 6.709.4, 6.710.1, 6.803.1 - 6.803.2,

1. 6.903.11 eff. 07/01/2008.

Sections B&P, 6.210.12, 6.210.13, 6.803.45 - 6.804.2, 6.804.5 - 6.804.81 emer. rule eff. 07/11/2008. Sections B&P, 6.210.12, 6.210.13, 6.803.45 - 6.804.2, 6.804.5 - 6.804.81 eff. 10/01/2008. Sections B&P, 6.002, 6.201.3 - 6.201.6, 6.240.12 - 6.240.18, 6.250.27, 6.260.54, 6.400.17 - 6.400.19,

1. 6.500 - 6.501, 6.602.2, 6.603.2, 6.700.22 - 6.700.24, 6.700.31, 6.700.35, 6.700.38, 6.702.2, 6.709.1, 6.713.1 - 6.714.2, 6.801.15 - 6.801.18, 6.805, 6.805.2, 6.805.31, 6.805.5, 6.902.1 - 6.902.12, 6.902.14 eff. 10/01/2009.

Sections B&P, 6.102.21, 6.110, 6.201.2, 6.601.32, 6.702.1, 6.902.17, 6.905.2, 6.906.1, 6.906.22, 6.906.4, 6.906.6, 6.907.1, 6.907.2, 6.908.3, 6.908.4 eff. 03/02/2010. Sections SB&P, 6.207, 6.250.18, 6.250.25 – 6.250.26, 6.250.3, 6.260.51, 6.600.11, 6.600.13, 6.601.2 – 6.601.31, 6.601.32. – 6.601.32.B, 6.602.1, 6.603.1, 6.603.3, 6.714 emer. rule eff. 08/10/2011.