PURPOSE: This rule establishes the standards by which the performance of the office of each county prosecuting attorney will be evaluated in determining whether sanctions affecting cooperative agreements between the county and the Missouri Division of Child Support Enforcement shall be imposed.

1. (1) Definitions. As used in this regulation—

   1. (A) Prosecuting attorney means the person elected as the prosecuting attorney for any county or the City of St. Louis, or any assistant prosecuting attorney duly appointed by a prosecuting attorney, or any person employed by the prosecuting attorney, or any person acting on behalf of the prosecuting attorney with actual or apparent authority;
   2. (B) Division means the Division of Child Support Enforcement (DCSE);
   3. (C) Director means the person serving as director of the Missouri Division of Child Support Enforcement;
   4. (D) State agency means the Missouri Department of Social Services;
   5. (E) Case means a matter in which the state agency or the division has initiated or will initiate an action to collect funds arising from a child support matter, including the case record maintained under 45 CFR 302.33 and 45 CFR 303.2;
   6. (F) Referral means a case sent to a prosecuting attorney by the division;
   7. (G) Successful completion of an action means that a referral has been determined by the division or the prosecuting attorney to require no further action by the prosecuting attorney. In cases where judicial proceedings are determined necessary by the prosecuting attorney, a case is completed successfully if the necessary documentation has been submitted to the clerk for filing and service of process has been completed or an unsuccessful attempt to serve process has been documented by the prosecuting attorney, and the prosecuting attorney is proceeding with due diligence. If the initial attempt at service of process is unsuccessful, then the prosecuting attorney shall proceed with diligent efforts to serve process as defined in subsection (1)(M);
   8. (H) Adequate documentation means written or electronically stored records, the accuracy and authenticity of which specifically are adopted by the prosecuting attorney and from which a reasonable person, by normal and reasonable review, can determine what actions were taken by the prosecuting attorney and the outcome of those actions. Adequate documentation and adequate records shall have the same meaning. Documentation includes all case file records and all other records pertaining to referrals. For purposes of service of process, adequate documentation shall be a copy of the return of service from the process server or documentation in the case file of the contents of the return of service. No documentation shall be deemed adequate if it fails to meet the requirements of 45 CFR 303.2;
   9. (I) Requested action means any act by the prosecuting attorney requested to be performed by the division including, but not limited to, the initiating of correspondence on a case, the researching of legal issues and/or investigation, the filing or preparation of legal documents or other correspondence or the obtaining and forwarding to the division or the state agency data and information related to a referral(s). A requested action shall include all requirements of the cooperative agreement and any training or cooperation with federal or state agency auditors as may be asked of the prosecuting attorney by the division;
   10. (J) A Level A county means a county in which the prosecuting attorney has sole responsibility for the entire operation of the IV-D program in that county and also performs specific legal functions on referrals sent to him/her by the division;
   11. (K) A Level B county means a county in which the prosecuting attorney has sole responsibility for a specific portion of the IV- D program in that county and also performs specific legal functions on referrals sent to him/her by the division;
   12. (L) A Level C county means a county in which the division has sole responsibility for the entire operation of the IV-D program in that county and the prosecuting attorney performs specific legal functions on referrals sent to him/her by the division; and
   13. (M) Diligent efforts to serve process means efforts which, in the sound discretion of the prosecuting attorney, are designed reasonably, under the particular circumstances of the case, to ensure accomplishment of personal service, taking into account the potential cost of the service and the risk of personal safety of the person attempting service. The prosecuting attorney shall provide adequate documentation to explain the failure of service. In cases where previous attempts to serve process failed and adequate identifying and other information exists, the prosecuting 13 CSR 30-2

attorney, within ninety (90) days of the last attempt at service, shall reattempt service of process in the event that there is a likelihood of successful service of process.

1. (2) Performance Requirements Standards for All Counties on Cases Referred by the Division.

   1. (A) Upon the receipt of a status report request from the division, the prosecuting attorney shall furnish the requested information regarding the status of the case within fifteen (15) calendar days from the date the prosecuting attorney receives the request; provided, however, if the prosecuting attorney’s response requires additional information from the division, the prosecuting attorney shall furnish the requested information within fifteen (15) calendar days of receipt of the required additional information from the division. No response shall be required earlier than sixty (60) calendar days from receipt of the initial referral by the prosecuting attorney or from a previous status report request.
   2. (B) The prosecuting attorney shall notify the division of the conclusion of all legal action in a referred case within fifteen (15) calendar days of the conclusion. The sending of the legal documents filed in the case will constitute sufficient notification.
   3. (C) The prosecuting attorney shall complete all necessary actions and achieve successful completion of all requested actions within sixty (60) calendar days after the prosecuting attorney receives the referral from the division.

   4. (D) In all cases needing support order establishment, regardless of whether paternity has been established—

      1. 1. The prosecuting attorney shall com-

plete action to establish support orders from the date of service of process to the time of disposition within the following time frames:

1. A. Seventy-five percent (75%) in six

1. (6) months; and

   1. B. Ninety percent (90%) in twelve

2. (12) months; and

   1. 2. The case may be counted as a success

within the six (6)-month tier of the time frame, regardless of when disposition occurs in the twelve (12)-month period following service of process, in cases in which the prosecuting attorney uses long-arm jurisdiction and disposition occurs within twelve (12) months of service of process on the alleged father or noncustodial parent.

1. (E) The prosecuting attorney shall return any referral to the division immediately upon discovery that there exists a potential or actual conflict of interest between the prosecuting attorney and any party to the case. The return of the referral by the prosecuting attorney under this subsection shall constitute a successful completion.
2. (F) The prosecuting attorney shall return a referral to the division within fifteen (15) calendar days after receiving the division’s request for return.
3. (G) In all cases where the prosecuting attorney has obtained blood testing paid for by the division, either directly or through county reimbursement, the prosecuting attorney, in addition to obtaining a declaration of paternity and order for child support, shall seek judgment against the noncustodial parent for recovery of the amounts paid for the blood testing except in cases where the putative father has been excluded.
4. (H) In all cases in which the court or administrative authority dismisses a petition for a support order without prejudice, the prosecuting attorney, at the time of dismissal, shall examine the reasons for dismissal and determine when it would be appropriate to seek an order in the future. The prosecuting attorney will notify the division of this determination within fifteen (15) calendar days.
5. (I) In all cases in which enforcement attempts have been unsuccessful, at the time an attempt to enforce fails, the prosecuting attorney shall examine the reason the enforcement attempt failed and determine when it would be appropriate to take an enforcement action in the future and document the case file accordingly. If the referral subsequently is returned to the division, the prosecuting attorney shall notify the division of the determination.
6. (J) In all cases where the prosecuting attorney is seeking to establish a support obligation, s/he shall apply the child support guidelines as stated in Supreme Court Rule 88.01. The prosecuting attorney shall notify the division of any deviation from the guidelines.
7. (K) In all cases requiring that a petition be filed in another state under the Uniform Interstate Family Support Act (UIFSA), the prosecuting attorney shall file the UIFSA petition within fourteen (14) calendar days after receiving the referral from the division and, if appropriate, receipt of any necessary information needed to process the case.
8. (L) The time frames contained in subsections (2)(C) and (K) of this rule shall be tolled for those time periods during which the client does not cooperate with the prosecuting attorney, provided the prosecuting attorney has documented the noncooperation in the file.
9. (M) In all cases involving a modification of a judicial order for child support, the prosecuting attorney shall initiate action within sixty (60) calendar days of the receipt of the referral from the division and after that shall proceed with due diligence. Initiate action means any substantive action by the prosecuting attorney reasonably calculated to further a significant purpose on the referred case.

10. (N) Notwithstanding the time frames contained in subsection (2)(C) of this rule—

    1. 1. If a support order needs to be estab-

lished in a case and an order is established in accordance with Missouri Supreme Court Rule 88.01 during the audit period the prosecuting attorney will be considered to have taken appropriate action in that case for audit purposes; and

1. 2. If the requested action is an enforce-

ment action and an action is taken, in addition to federal and state income tax refund offset, which results in a collection received during the audit period, the prosecuting attorney will be considered to have taken appropriate action in the case for audit purposes.

1. (O) In all petitions filed with the court for the establishment of child support orders, the prosecuting attorney shall request an order for medical support.

1. (3) Performance Standards for Level A Counties for Cases in Their Own Caseload. The prosecuting attorney shall—

   1. (A) Make applications for child support enforcement services readily accessible to the public;
   2. (B) Maintain records of all persons applying for IV-D services. The records shall include documentation that applications are being provided to the applicants in conformance with 45 CFR 303.2(a)(2);
   3. (C) Date stamp all applications on the date of receipt; and
   4. (D) Open the case, within twenty (20) calendar days of receipt of a referral of a case or filing of an application for services, by establishing a case record and by fully complying with all the requirements of 45 CFR 303.2(b).

2. (4) Performance Standards for Level A and Level B Counties for Cases in Their Own Caseloads.

   1. (A) Definition. Location means information concerning the physical whereabouts of the absent parent, or the absent parent’s employer(s), other sources of income or assets, as appropriate, which is sufficient and necessary to take the next appropriate action on a case.
   2. (B) For all cases referred to the IV-D agency or applying for services, the prosecuting attorney shall attempt to locate all absent parents or sources of income and/or assets when location is necessary to take necessary action. The location attempts shall be in full compliance with 45 CFR 303.3(b)(1)—(3).
   3. (C) In all cases where previous attempts to locate absent parents or sources of income and/or assets have failed, but adequate identifying or other information exists to meet requirements for submittal for location, the prosecuting attorney shall comply fully with all requirements of 45 CFR 303.3(b)(5) and (6).
   4. (D) The prosecuting attorney shall refer all appropriate cases to the IV-D agency of any other state in full compliance with the requirements of 45 CFR 303.7.

   5. (E) The prosecuting attorney, within ninety (90) calendar days of locating the alleged father or noncustodial parent, regardless of whether paternity has been established, shall establish an order for support, or complete service of process necessary to begin proceedings to establish an order for support, or complete service of process necessary to begin proceedings to establish a court order, and if necessary, paternity, or document unsuccessful attempts to serve process in accordance with subsection (1)(M) of this rule. In all cases needing support order establishment, regardless of whether paternity has been established—

      1. 1. The prosecuting attorney shall com-

plete action to establish support orders from the date of service of process to the time of disposition within the following time frames:

1. A. Seventy-five percent (75%) in six

1. (6) months; and

   1. B. Ninety percent (90%) in twelve

2. (12) months;

   1. 2. In cases where the prosecuting attor-

ney uses long-arm jurisdiction and disposition occurs within twelve (12) months of service of process on the alleged father or noncustodial parent, the case may be counted as a success within the six (6)-month tier of the time frame regardless of when disposition occurs in the twelve (12)-month period following service of process;

1. 3. In all cases in which the court or

administrative authority dismisses a petition for a support order without prejudice, the prosecuting attorney, at the time of the dismissal, shall examine the reasons for dismissal and determine when it would be appropriate to seek an order in the future; and

1. 4. In all cases in which the prosecuting

attorney is seeking to establish a support obligation, the prosecuting attorney shall apply the child support guidelines as set forth in Supreme Court Rule 88.01. The prosecuting attorney shall notify the division of any deviation from the guidelines.

1. (F) For all cases referred to the prosecuting attorney by the IV-A agency or applying for services in which paternity has not been established, the prosecuting attorney shall—

   1. 1. File for paternity establishment, or

complete service of process to establish paternity or document unsuccessful attempts to serve process in accordance with subsection (1)(M) of this rule, within no more than ninety (90) calendar days of locating the alleged father;

1. 2. Establish paternity or exclude the

alleged father as a result of genetic tests and/or legal process within the time frames set out in paragraphs (4)(E)1. and 2. of this rule; and

1. 3. Meet the requirements set forth in

paragraphs (4)(F)1. and 2. of this rule for all alleged fathers, in any case where an alleged father is excluded but more than one (1) alleged father has been identified.

1. (G) For all cases referred to the prosecuting attorney by the IV-A agency or applying for services in which the obligation to support and the amount of the obligation has been established, the prosecuting attorney shall maintain and use an effective system to—

   1. 1. Monitor compliance with the support

obligation;

1. 2. Identify on the date the parent failed

to make payments in an amount equal to the support payable for one (1) month;

1. 3. Enforce the obligation in full compli-

ance with the requirements of 45 CFR 303.6(c)(1)—(3); and

1. 4. Examine, in cases in which enforce-

ment attempts have been unsuccessful, at the time an attempt to enforce fails, the reason the enforcement attempt failed and determine when it would be appropriate to take an enforcement action in the future and take an enforcement action according to the requirements of this paragraph at that time.

1. (H) The prosecuting attorney shall comply with the system developed by the division for case assessment and prioritization.
2. (I) The prosecuting attorney shall comply with the system developed by the division for case closure.
3. (J) The prosecuting attorney shall comply with the provisions of 13 CSR 30-5.020.

4. (K) Notwithstanding the time frames contained in—

   1. 1. Subsection (4)(E) of this rule, if a

support order needs to be established in a case and an order is established in accordance with Missouri Supreme Court Rule 88.01 during the audit period, the prosecuting attorney will be considered to have taken appropriate action in that case for audit purposes; and

1. 2. Paragraph (4)(G)3. of this rule, if the

requested action is an enforcement action and an action is taken, in addition to federal and state income tax refund offset, which results in a collection received during the audit period, the prosecuting attorney will be considered to have taken appropriate action in the case for audit purposes.

1. (5) Performance Requirements.

   1. (A) The following are mandatory requirements by which prosecuting attorneys’ actions on referred cases shall be evaluated:

      1. 1. The prosecuting attorney shall pro-

vide services and take all appropriate actions on referred cases according to current division policy and procedures. Waivers of this provision may be granted by the director but are not effective unless granted in writing and are not effective retroactively unless specifically set forth by the director as being permissibly applied retroactively for a specified time period;

1. 2. The prosecuting attorney must

achieve substantial compliance with the performance requirements set forth in this rule concerning actions taken on referred cases, transmittal of required notices and information to the division, return of case referrals and meeting time requirements in so doing. Substantial compliance means that the prosecuting attorney has achieved the same case quality standards for those activities for which s/he is contractually responsible, as are required by the division of the stateadministered child support enforcement offices;

1. 3. The prosecuting attorney must allow

and cooperate with a semi-annual case review by the division. In cases where this review cannot be performed by the division due to lack of adequate documentation, the prosecuting attorney shall be considered to have failed to comply with this provision;

1. 4. The prosecuting attorney shall com-

ply with all duties and responsibilities set forth in the county cooperative agreement. Failure to do so shall be deemed failure to comply with this rule and this provision; and

1. 5. The prosecuting attorney shall com-

ply with all federal and state laws and regulations in the performance of the services requested by the division, including those related to financial reimbursement for the services provided on referred cases. Failure to comply with applicable federal and state laws and regulations shall be deemed a violation of this rule and this provision.

1. (6) Sanctions by the Division.

   1. (A) Upon determining that a prosecuting attorney has not complied with the require- 13 CSR 30-2

ments of this rule or is not complying with the requirements of this rule, the division may send notice that it has determined one (1) of the following conditions to exist:

1. 1. That the prosecuting attorney is in

significant noncompliance with this rule and that a written corrective action plan addressing all aspects of noncompliance as described in the division’s notice must be submitted to the division within thirty (30) calendar days after the division sends the notice of significant noncompliance. The division shall approve or disapprove each corrective action plan within twenty (20) calendar days after it is sent to the division by the prosecuting attorney. Failure by the division to send timely notice of approval or disapproval shall constitute approval. The prosecuting attorney shall have twenty (20) calendar days from the date the division sends a disapproval to resubmit a new corrective action plan. Failure to submit a new plan timely may be determined by the division to constitute substantial noncompliance;

1. 2. To be approved by the division, a cor-

rective action plan, at a minimum, must contain the following: 1) an overall completion date of no more than twelve (12) calendar months from the date of division approval, 2) a statement of planned correction addressing each item of noncompliance as set forth in the division’s notice of significant noncompliance, 3) an individual completion date for each item of noncompliance contained in the division’s notice of significant noncompliance, 4) a statement that during the plan of correction, no part of the prosecuting attorney’s performance will become out of compliance during the plan of correction period, and 5) a statement that the prosecuting attorney will attend such training as deemed necessary by the division. The division’s notice of significant noncompliance shall contain the following: 1) a listing of specific items of this rule with which the division alleges the prosecuting attorney is not in compliance, 2) an explanation of the method used by the division to determine noncompliance, 3) a statement that the division’s determination is final and that a corrective action plan will be required, and 4) the date the corrective action plan is due; or

1. 3. That the prosecuting attorney is in

substantial noncompliance with this rule and that the cooperative agreement with the county of the prosecuting attorney will be cancelled. A notice of substantial noncompliance shall set forth, in addition to the information required for a notice of significant noncompliance, a description of the findings, facts and circumstances giving rise to the notice of substantial noncompliance and shall specify a date certain upon which the cooperative agreement will no longer be of any force and effect. The division may issue a notice of substantial noncompliance to a prosecuting attorney only when—1) there is no corrective action plan in effect for the office of the prosecuting attorney to which the notice is issued, 2) a review or audit of the prosecuting attorney’s child support enforcement procedures and/or records has been conducted and issued as a final report, and 3) a notice of significant noncompliance has been previously issued to the prosecuting attorney and has not been successfully completed or a notice of significant noncompliance has been issued and no corrective action plan has been approved by the division within ninety (90) calendar days from the date of the division’s notice of significant noncompliance.

1. (B) By issuing or failing to issue any notice of noncompliance, the division does not alter, waive or otherwise substitute this rule for any of the division’s rights or benefits agreed to in the cooperative agreement by the county of the prosecuting attorney.

1. (7) Waivers for Counties. The director may waive any requirement of this rule for any county if all of the following conditions have been met by that county prior to the waiver being granted:

   1. (A) The prosecuting attorney has requested a waiver in writing, whenever possible, identifying the specific cases to which the waiver will apply;
   2. (B) The prosecuting attorney has assured the director in writing that the waiver will not permit or cause a failure to achieve successful completion of a case; and
   3. (C) The waiver does not violate any state or federal law or rule.
2. (8) All timeliness requirements of this rule that are calculated from the date the division sends a document, notice or request, except those requirements found in paragraphs (5)(A)1.—5., upon request of the prosecuting attorney, shall be calculated from the date the prosecuting attorney actually received the notice, document or request. This request shall be granted if the prosecuting attorney has a reasonably accurate and reliable procedure to verify the actual date of receipt.

AUTHORITY: section 454.400.2(5), RSMo 2000.* Original rule filed Oct. 18, 1988, effective Jan. 13, 1989. Amended: Filed Dec. 3, 1990, effective June 10, 1991. Amended: Filed Oct. 2, 1991, effective Feb. 6, 1992. Emergency amendment filed April 11, 1994, effective April 21, 1994, expired Aug. 18, 1994. Emergency amendment filed July 27, 1994, effective Aug. 19, 1994, expired Dec. 16, 1994. Amended: Filed April 11, 1994, effective Nov. 30, 1994. Amended: Filed April 26, 1995, effective Oct. 30, 1995. Amended: Filed April 12, 2001, effective Oct. 30, 2001.

*Original authority: 454.400, RSMo 1982, amended 1985, 1986, 1990, 1993, 1995, 1997.