PURPOSE: This rule establishes minimum financial performance measures under which Level A counties will be evaluated to determine the level of incentives each county will receive, under certain conditions, establishes the basis for termination of county cooperative agreements for the provision of child support services.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

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

   1. (A) Division means the Missouri Division of Child Support Enforcement (DCSE);
   2. (B) State agency means the Missouri Department of Social Services; and
   3. (C) Director means the person serving as the director of the Missouri DCSE.
2. (2) Within ninety (90) calendar days following the close of the most recent federal fiscal year, each Level A county will be evaluated using federal performance measures as set forth in 45 CFR 305.98. Each county must meet the current federal minimum for each individual measure or the statewide average for the same measure, whichever is less. The federal minimum is defined for this purpose as the ratio or percentage necessary to avoid a point penalty under the current federal evaluation formula.

3. (3) For purposes of interpreting federal performance measures, the following terms shall mean:

   1. (A) Aid to Families with Dependent Children (AFDC) collections. All support money distributed to the state under assignment and reported to the federal government for the federal fiscal year, including all federal income tax refunds intercepted, Missouri and other state income tax refunds intercepted, lottery winnings intercepted and all collections from unemployment compensation benefits;
   2. (B) Non-AFDC collections. All support money distributed to persons receiving child support enforcement services under Chapter 454, RSMo and reported to the federal government for the federal fiscal year, including all income tax refunds intercepted, Missouri and other state income tax refunds intercepted, lottery winnings intercepted and all collections from unemployment compensation benefits; and
   3. (C) Total IV-D expenditures. All state and county general revenue and federal funds expended and claimed by or on behalf of a county for allowable child support enforcement costs and reported to the federal government by the state for the federal fiscal year, including a proportionate share of state program costs under the 1986 DCSE Allocation Plan established by an independently contracted private accounting firm.
4. (4) Any Level A county failing to meet the defined minimum standard for each individual measure, or the statewide average for the same measure for the applicable fiscal year, will receive a reduction of two percent (2%) in its incentive rate for the current fiscal year. Failure to meet the defined minimum for a second year will result in the termination of the contractual (cooperative agreement) relationship between that county and the division, or an additional two percent (2%) reduction in the incentive rate, at the division’s sole option. In no case will counties failing to meet the federal minimum, or the statewide average, whichever is applicable, be eligible for any bonus incentives which might be earned by the state as a whole.

5. (5) In the event that any Level A county fails to meet only one (1) federal performance measure under 45 CFR 305.98, the county may elect to have the one (1) measure disregarded in the calculation of overall compliance if it otherwise meets the following conditions:

   1. (A) The measure excluded is the only measure found not in compliance;
   2. (B) The measure out of compliance either was not out of compliance for a prior period or, if it was, has shown reasonable improvement in the current period; and
   3. (C) The election to disregard the performance measure does not materially affect federal compliance by the division.

AUTHORITY: section 454.400, RSMo Supp. 1993.* Original rule filed Oct. 18, 1988, effective Jan. 13, 1989.

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