Tracking #2009-00506
FA/P 8/7/09, eff. 10/1/09

I:/09042001.rtf
[I:/09042001.doc]

(9 CCR 2504-1)

[Instructions:  insert before line 1509272.] 
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. 
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[Instructions:  replace line 1474413.] 
6.002  DEFINITIONS [Rev. eff. 10/1/09]
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[Instructions:  replace line 1041214.] 
“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.
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[Instructions:  insert before line 1041249.] 
“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. 
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[Instructions:  replace lines 1041266.] 
“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.
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[Instructions:  replace line 1041285.] 
“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. 
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[Instructions:  replace line 1041287.] 
“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.
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[Instructions:  replace lines 1474442 through 1474445.] 
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. 
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[Instructions:  replace lines 1041683 through 1041694.] 
6.240.12  Intake [Rev. eff. 10/1/96]
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 
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]
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: 
A.  Child support debt;
B.  Foster care fee debt;
C.  Both parent's ability to provide support;
D.  The amount of the child support obligation;
E.  Health insurance coverage;
F.  Retroactive support due.
6.240.15  Parentage Determination [Rev. eff. 1/1/86]
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]
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]
Activities which are related to obtaining support collections.
6.240.18  Investigation
Activities which are related to investigation necessary to accomplish the foregoing child support enforcement functions; and 
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[Instructions:  replace lines 1041716 through 1041726.] 
6.250.27  [Rev. eff. 10/1/09]
Provide all necessary CSE services as would be provided in instate IV-D cases by:
A.  Establishing paternity and attempting to obtain a judgment for costs if paternity is established; if paternity has been determined by another state, whether it was established through voluntary acknowledgment, administrative process or judicial process, it shall be enforced and otherwise treated in the same manner as an order of this state;
B.  Establishing child support obligations;
C.  Petitioning to include medical support in all new orders for child support;
D.  Processing and enforcing orders referred by another state, pursuant to the UIFSA or other legal processes;
E.  Petitioning to modify existing child support orders and to include medical support if there is evidence that health insurance is available at a reasonable cost in accordance with the section on modification of support orders;
F.  Collecting and monitoring support payments for the initiating state and forwarding payments to the location specified by the initiating CSE office within two business days of the Colorado date of receipt, except for IRS offset collections.
G.  Determining the controlling order as defined by Section 14-5-207, C.R.S.
6.250.28  [Rev. eff. 8/22/88]
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]
Within ten working days of receipt of new information on a case, submit information to the initiating state.  New information includes case status change or any new information that could assist the other state in processing the case.
6.250.291  
Notify the initiating state when a case is closed.
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[Instructions:  replace lines 1041818 through 1041821.] 
6.260.54  Closure of Foster Care Cases [Rev. eff. 10/1/09]
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.  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. 
B.  If the child(ren) is in foster care placement, a foster care fee or foster care child support case may be closed: 
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.
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[Instructions:  replace lines 1042052 through 1042060.] 
6.400.17  Case Number [Rev. eff. 10/1/09]
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]
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]
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.
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[Instructions:  replace lines 1042119 through 1042121.] 
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.
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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.
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[Instructions:  replace lines 1042144 through 1042150.] 
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.
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]
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.
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]
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]
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.
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[Instructions:  replace lines 1474594 through 1474595.] 
6.700.31  Public Assistance Cases [Rev. eff. 10/1/09’
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. 
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[Instructions:  replace lines 1297498 through 1297499.] 
6.700.35  Assignment of Support to Another State [Rev. eff. 10/1/09] 
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. 
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[Instructions:  replace lines 1297514 through 1297524.] 
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. 
A.  In a public assistance case, the Child Support Enforcement Unit may use the current monthly support order amount determined by using the Colorado child support guidelines times the number of months that the custodial party received public assistance as the initial basis for the amount of child support debt owed by the noncustodial parent. 
B.  In a foster care fee case, the Child Support Enforcement unit may use the current monthly support order amount determined by using the Colorado child support guidelines times the number of months that the child(ren) was in placement as the initial basis for the amount of foster care fee debt owed by the placing parent.
1.  In a IV-E foster care case, the amount of the foster care fee debt is limited by the total of the unreimbursed maintenance payments for that child(ren). 
2.  In a non-IV-E foster care case, the amount of the foster care fee debt is limited by the total cost of placement for that child(ren).
C.  In a public assistance or non-public assistance case, the Child Support Enforcement Unit may use the current monthly support order amount determined by using the Colorado child support guidelines times the number of months that the children lived in the custodial party’s home without the presence of the noncustodial parent as the initial basis for the amount of retroactive support owed by the noncustodial parent. 
D.  The Child Support Enforcement Unit may take the following factors into consideration in determining whether the initial amount of child support debt, foster care fee debt, or retroactive support calculated pursuant to paragraphs A and B, above, is appropriate and reasonable: 
1.  An increase in the parent’s income since the date of child’s birth that may result in the current monthly child support order being higher than it would have been a the time of the child’s birth.   Eff  05/01/2007
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.   Eff  05/01/2007
3.  Special circumstances that may have inhibited the custodial party from requesting assistance from Child Support Enforcement at an earlier date.   Eff  05/01/2007
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.   Eff  05/01/2007
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.   Eff  05/01/2007
E.  If either the custodial or non-custodial parent does not agree to the proposed amount of retroactive support, a temporary order, according to Section 6.713, must be established and the case referred for a court hearing. The temporary order may not include any amount for child support debt or retroactive support. 
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[Instructions:  replace lines 1042201 through 1042204.] 
6.702.2  ESTABLISHING AN ORDER FOR CHILD SUPPORT OR FOSTER CARE FEE DEBT [Rev. 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: 
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.
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[Instructions:  replace lines 1042253 through 1042254.] 
6.709  CALCULATING THE MONTHLY CHILD SUPPORT OBLIGATION AND UNREIMBURSED 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. 

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[Instructions:  replace lines 1042367 through 1042378.] 
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. 10/1/09]
If no stipulation is agreed upon at a negotiation conference because the noncustodial parent contests the issues of paternity or if a temporary order is completed and no continuance is granted or if a deviation is required in the case of adoption assistance services, the delegate Child Support Enforcement Unit shall request the court to set a hearing in the matter by: 
6.714.11  [Rev. eff. 10/1/09]
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.
6.714.12  [Rev. eff. 10/1/09]
Attaching to the Child Support Enforcement Unit Request for Court Hearing the following: 
A.  Notice of Hearing, as prescribed by the State Department,
B.  Notice of Financial Responsibility,
C.  Return of Service, Waiver of Service or return receipt signed by the obligor.
D.  Income and Expense Affidavit,
E.  Temporary Order of Financial Responsibility,
F.  Adoption Assistance Agreement, if applicable.
6.714.2  [Rev. eff. 10/1/09]
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.

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[Instructions:  replace lines 1042392 through 1042399.] 
6.801.12  [Rev. eff. 1/1/86]
Producing monthly and quarterly financial reports, as required by the State Department;
6.801.13  [Rev. eff. 12/1/97]
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  
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]
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]
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]
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]
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]
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.
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[Instructions:  replace lines 1048150 through 1408162.] 
6.805  CHILD SUPPORT COLLECTIONS PROCESSING [Rev. eff. 10/1/09]
A.  Support collections shall be allocated, distributed, and disbursed within federally required time frames, based upon the Colorado Date of Receipt.   Eff  11/30/2007
B.  Disbursement   Eff  11/30/2007
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.   Eff  11/30/2007
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.   Eff  11/30/2007
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. 
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. 
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. 
c.  Federal income tax refund offset for payment on arrears: 
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: 
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. 
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[Instructions:  replace lines 1408167 through 1042617.] 
6.805.2  DISTRIBUTION OF SUPPORT COLLECTIONS [Rev. eff. 10/1/09]
The general rules for distribution of a collection are: 
A.  IV-A Cases
1.  Amounts applied to the monthly support obligation are used to reimburse the total unreimbursed public assistance (UPA) provided to the family.
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 (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.
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. 
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.
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.
6.  Amounts applied to assigned arrears due other states will be satisfied after all Colorado arrears have been satisfied.
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.
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.
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.
B.  Former Assistance Cases
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.  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.  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.
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.  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.  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.  Amounts of the foster care maintenance payment that exceed the monthly support collection are added to the balance of unreimbursed maintenance payments (UMP).
4.  Amounts applied to assigned judgment and assigned arrearages are used to reimburse unreimbursed maintenance payments.
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.  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.  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.  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.
D.  Non-IV-A Cases 
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.   Eff  11/30/2007
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.   Eff  11/30/2007
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.   Eff  11/30/2007
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.   Eff  11/30/2007
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.   Eff  11/30/2007
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.   Eff  11/30/2007
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]
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 custodial party financially discontinued from IV-A	Next working day after allocation	
E.	Payments to other states	Next working day after allocation	
F.	Non IV-A intercept collection based on joint tax returns	Six months after the initial date of receipt	
G.	Non IV-A intercept collection based on noncustodial parent's return	Next working day after allocation	
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-custodial parent	Next working day after allocation	
K.	Over collect to non-custodial parent based on joint tax returns	Six months after the initial date of receipt	
L.	Excess over UPA for custodial party remaining financially active on IV-A	Second business day after the month in which the collection was received has closed	
M.	Excess over UPA for custodial party based on joint tax returns	Six months after the initial date of receipt	
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	

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[Instructions:  replace lines 1042636 through 1042637.] 
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.

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[Instructions:  replace lines 1297535 through 1297553.] 
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]
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. 
A.  When an obligor fails to make full payment in the month the payment is due, appropriate enforcement action shall be taken.   Eff  05/01/2007
B.  Income Assignment   Eff  05/01/2007
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.   Eff  05/01/2007
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.  A copy of the Notice to Withhold Income for Support shall be provided to the obligor by the employer.   Eff  05/01/2007
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:   Eff  05/01/2007
a.  Research the case to determine whether the exception is valid and correct the exception data if possible;   Eff  05/01/2007
b.  Document the findings and the actions taken to correct the exception in the automated child support system;   Eff  05/01/2007
c.  Issue the income assignment to the employer, if appropriate.   Eff  05/01/2007
C.  Service of Process   Eff  05/01/2007
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.   Eff  05/01/2007
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.   Eff  05/01/2007
6.902.12  Public Assistance Cases [Rev. eff. 10/1/09]
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. 

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[Instructions:  replace lines 1297556 through 1297557.] 
6.902.14  Arrears Calculation [Rev. eff. 10/1/09]
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.