PURPOSE: This rule establishes minimum required procedures to provide for the separation of cash handling and accounting functions associated with the collection and distribution of IV-D child support payments.

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) Definitions of general terms shall be those in section 454.460, RSMo;
   2. (B) Cash payment means any support payment made in the form of currency or check, money order or any other form of negotiable instrument;
   3. (C) Circuit clerk means the person elected or appointed as the circuit clerk for any county or the City of St. Louis, or any person employed by the circuit clerk or any person with actual or apparent authority acting on behalf of the circuit clerk; and
   4. (D) Custodial parent payouts means support payments made by or on behalf of the noncustodial parent, received by the circuit clerk and then paid to the custodial parent.

2. (2) Cash Payment Handling Requirements. The circuit clerk shall—

   1. (A) Open, on the day of receipt, all envelopes (mail) believed to contain cash payments;
   2. (B) Endorse restrictively negotiable instruments, using a rubber stamp with the wording—“For Deposit Only to (Account Name)”;
   3. (C) Record on the day of receipt, all cash payments in a cash control record. The cash payments shall not be routed to any other person before being recorded unless the person who forwards the cash payments first verifies the total by preparing an adding machine tape and attaching it to the negotiable instruments at the point of transfer. The tape must be retained to supplement the cash record;
   4. (D) Use the cash control record to resolve any question about a payment;
   5. (E) Issue receipts for cash payments received in the form of currency, whether received in person or through the mail. However, the circuit clerk should discourage the obligor from sending currency payments through the mail. The receipts must be prenumbered or printed by a computer with the receipt number assigned by the computer. Someone other than the person(s) issuing receipts shall account for all receipts issued;
   6. (F) Keep all pegboard receipts in a locked area separate from the cash control record and ensure that only prior authorized personnel are permitted access;
   7. (G) Ensure that someone other than the person who opens the mail prepares the proper transmittal forms to the state from the cash control record. These forms include the voucher stub printed with a check by the Automated Child Support Trustee System or reporting forms, the Report of Title IV-D Child Support Payments Received (cash) (CSE-191) and the Report Of Title IV-D Child Support Payments for Non-AFDC Clients (non-cash) (CSE-215);
   8. (H) Ensure that before the reports are submitted to the state that someone other than the person who prepares the reports reconciles the total amount of Aid to Families with Dependent Children (AFDC) payments to the CSE-191 form and the cash control record, and the total amount of non-AFDC payments being reported to the CSE-215 and the custodial parent payouts;
   9. (I) Return the reconciled report to the person who prepared the report for submission to the state. This person shall send the original CSE-191s and CSE-215s to the Division of Budget and Finance, keeping copies for the 13 CSR 30-2

circuit clerk’s files. With the CSE-191, the clerk must attach a court-issued check equal to the Total Payments column on the CSE- 191. If multiple CSE-191s are submitted, the check must equal the sum of the Total Payments columns for all of the CSE-191s being submitted. Reports must be submitted on a timely basis, either weekly or daily, as required in the cooperative agreement for the applicable period; and

1. (J) Discourage obligors from making checks and money orders payable to an employee of the county and require obligors to make checks and money orders payable to the circuit clerk of the appropriate county.

1. (3) If a circuit clerk’s office in a county is authorized to employ less than four (4) fulltime equivalent positions and a waiver of the requirements of 45 CFR 302.20 from the federal Office of Child Support Enforcement is in effect, then the circuit clerk of that county, as an alternative to compliance with the procedures set forth in this rule, may adopt and comply with the Recommended Accounting Guidelines and Recommended Accounting Review Procedures for Appointing Authorities which are incorporated by reference in Supreme Court Administrative Rule 4.

AUTHORITY: section 454.400, RSMo Supp. 1993.* Emergency rule filed Oct. 16, 1989, effective Oct. 26, 1989, expired Feb. 22, 1990. Original rule filed Oct. 16, 1989, effective Feb. 11, 1990.

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