CASE INITIATION

CS 100P-1 Applications/Referrals Overview

01/03/00 Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 02/04/25

45 CFR 303.2; Utah Code 26B-9-203, 35A-3-108, 78A-6-356

Statutory Overview

Federal regulations found at 45 CFR 303.2 Establishment of cases and maintenance of case records state:

“(a) The IV-D agency must:

(1) Make applications for child support services readily accessible to the public;

(2) When an individual requests an application for IV-D services, provide an application to the individual on the day the individual makes a request in person, or send an application to the individual within no more than 5 working days of a request received by telephone or in a record. Information describing available services, the individual’s rights and responsibilities, and the State’s fees, cost recovery and distribution policies must accompany all applications for services and must be provided to title IV-A, Medicaid and title IV-E foster care applicants or recipients within no more than 5 working days of referral to the IV-D agency; and

(3) Accept an application as filed on the day it and the application fee are received. An application is a record that is provided or used by the State which indicates that the individual is applying for child support enforcement services under the State’s title IV-D program and is signed, electronically or otherwise, by the individual applying for IV-D services.

(b) For all cases referred to the IV-D agency or applying for services under §302.33 of this chapter, the IV-D agency must, within no more than 20 calendar days of receipt of referral of a case or filing of an application for services under §302.33, open a case by establishing a case record and, based on an assessment of the case to determine necessary action:

(1) Solicit necessary and relevant information from the custodial parent and other relevant sources and initiate verification of information, if appropriate; and

(2) If there is inadequate location information to proceed with the case, request additional information or refer the case for further location attempts, as specified in §303.3.

(c) The case record must be supplemented with all information and documents pertaining to the case, as well as all relevant facts, dates, actions taken, contacts made and results in a case.”

Utah Code 35A-3-108 states:

“(1) (a) An applicant shall provide an assignment of support to the department regardless of whether the payment is court ordered.

(b) Upon the receipt of public assistance, any right of the recipient to receive support from another person passes to the state, including a right to support on behalf of any family member for whom the recipient is applying for or receiving assistance, even if the recipient has not executed and delivered an assignment of support to the department as required by Subsection (1)(a).

(2) An assignment of support, or a right to receive support passed to the state, includes payments ordered, decreed, or adjudged by a court within this state, another state, or a territory of the United States and is not in lieu of, and does not supersede or alter, any other court order, decree, or judgment.”

Utah Code 26B-9-203 states:

“(1) Any person applying to the office for child support services shall be required to attest to the truthfulness of the information contained in the application.

(2) The attestation shall indicate that the person believes that all information provided is true and correct to the best of their knowledge and that knowingly providing false or misleading information is a violation of Section 76-8-504 and may result in prosecution, case closure for failure to cooperate, or both.”

Utah Code 78A-6-356 states:

“(3) Except as provided in Subsection (11), when a juvenile court places a child in state custody or if the guardianship of the child has been granted to another party and an agreement for a guardianship subsidy has been signed by the guardian, the juvenile court:

(a) shall order the child's parent, guardian, or other obligated individual to pay child support for each month the child is in state custody or cared for under a grant of guardianship;

(b) shall inform the child's parent, guardian, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 81, Chapter 6, Child Support; and

(4) When a juvenile court chooses to refer a case to the office to determine support obligation amounts in accordance with Title 81, Chapter 6, Child Support, the juvenile court shall:

(a) make the referral within three working days after the day on which the juvenile court holds the hearing described in Subsection (2)(a); and

(b) inform the child's parent, guardian, or other obligated individual of:

(i) the requirement to contact the office within 30 days after the day on which the juvenile court holds the hearing described in Subsection (2)(a); and

(ii) the penalty described in Subsection (6) for failure to contact the office.

(5) Liability for child support ordered under Subsection (3) shall accrue:

(a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which the juvenile court holds the hearing described in Subsection (2)(a) if there is no existing child support order for the child; or

(b) beginning on the day the child is removed from the child's home, including time spent in detention or sheltered care, if the child is removed after having been returned to the child's home from state custody.

(6)(a) If the child's parent, guardian, or other obligated individual contacts the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a), the child support order may not include a judgment for past due support for more than two months.

(b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the liability of support to begin to accrue from the date of the proceeding referenced in Subsection (3) if:

(i) the court informs the child's parent, guardian, or other obligated individual, as described in Subsection (4)(b), and the parent, guardian, or other obligated individual fails to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and

(ii) the office took reasonable steps under the circumstances to contact the child's parent, guardian, or other obligated individual within 30 days after the last day on which the parent, guardian, or other obligated individual was required to contact the office to facilitate the establishment of a child support order.

(i) has a signed, returned receipt for a certified letter mailed to the address of the child's parent, guardian, or other obligated individual regarding the requirement that a child support order be established; or

(ii) has had a documented conversation, whether by telephone or in person, with the child's parent, guardian, or other obligated individual regarding the requirement that a child support order be established.

(7) In collecting arrears, the office shall comply with Section 26B-9-219 in setting a payment schedule or demanding payment in full.

(8)(a) Unless a court orders otherwise, the child's parent, guardian, or other obligated individual shall pay the child support to the office.

(b) The clerk of the juvenile court, the office, or the department and the department's divisions shall have authority to receive periodic payments for the care and maintenance of the child, such as social security payments or railroad retirement payments made in the name of or for the benefit of the child.

(9) An existing child support order payable to a parent or other individual shall be assigned to the department as provided in Section 26B-9-111.

(10)(a) Subsections (4) through (9) do not apply if legal custody of a child is vested by the juvenile court in an individual.

(b)(i) If legal custody of a child is vested by the juvenile court in an individual, the court may order the child's parent, guardian, or other obligated individual to pay child support to the individual in whom custody is vested.

(ii) In the same proceeding, the juvenile court shall inform the child's parent, guardian, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 81, Chapter 6, Child Support.

(11) The juvenile court may not order an individual to pay child support for a child in state custody if:

(a) the individual's only form of income is a government-issued disability benefit;

(b) the benefit described in Subsection (11)(a) is issued because of the individual's disability, and not the child's disability; and

(c) the individual provides the juvenile court and the office evidence that the individual meets the requirements of Subsections (11)(a) and (b).

(12)(a) The child's parent or another obligated individual is not responsible for child support for the period of time that the child is removed from the child's home by the Division of Child and Family Services if:

(i) the juvenile court finds that there were insufficient grounds for the removal of the child; and

(ii) the child is returned to the home of the child's parent or guardian based on the finding described in Subsection (12)(a)(i).

(b) If the juvenile court finds insufficient grounds for the removal of the child under Subsection (12)(a), but that the child is to remain in state custody, the juvenile court shall order that the child's parent or another obligated individual is responsible for child support beginning on the day on which it became improper to return the child to the home of the child's parent or guardian.

(13) After the juvenile court or the office establishes an individual's child support obligation ordered under Subsection (3), the office shall waive the obligation without further order of the juvenile court if:

(a) the individual's child support obligation is established in accordance with a low income table described in Title 81, Chapter 6, Part 3, Child Support Tables; or

(b) the individual's only source of income is a means-tested, income replacement payment of aid, including:

(i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program; or

(ii) cash benefits received under General Assistance, social security income, or social security disability income.”

CSS Application Forms Overview

The application forms are for individuals applying for IV-D services that are not applying for or receiving IV-A cash assistance or Medicaid. These same forms double as the Duty of Support (DOS) or referral forms for individuals who are applying for or receiving IV-A cash assistance or Medicaid.

1. Application for Child Support Services Packet. This is the complete application packet. The packet is available in English and Spanish and is comprised of the following sections:

a. Application for Child Support Services Instructions. This section provides:

i. basic instructions for completing the Application for Child Support Services;

ii. lists which document copies applicants must provide; and,

iii. instructs applicants to return the application packet to the Office of Recovery Services/Child Support Services (ORS/CSS) central mailing address.

b. Application for Services. This section is used to gather information about the applicant, parents, children, debts, etc., and it serves as the application for services and assignment of rights.

c. Notice of Services. This section explains IV-D child support services that are provided by CSS to both IV-A recipients and Non-IV-A applicants. The applicant/recipient retains this document for his/her record.

NOTE 1: This packet should be provided to all individuals applying for services on IV-A, Non-IV-A, and Non-IV-A medical-only cases.

NOTE 2: If an applicant requests a change in services for any reason, (e.g., selected the medical only option but wants full services), the applicant will be required to complete a new application packet. ORS will not accept the signature page only for a change in services request.

2. Notification to ORS/CSS of DWS/DHHS Case Reinstatement. This form is to be completed by the Department of Workforce Services (DWS) and Department of Health and Human Services (DHHS) staff only, and is used to notify ORS that an eREP case has been reinstated within 60 days of closure.

3. Applicant Initial Contact Letter. This letter notifies the applicant that his/her application was received and whether it was sufficient to open a case. This letter contains options to notify NCP/applicants of payment options until withholding can be initiated and to notify CP/applicants of electronic payment options.

4. Applicant Initial Contact – Case Not Opened. This letter is sent to the applicant informing him/her that the application did not contain sufficient information to open the case and that a new application must be sent in to open the case.

Providing a CSS Application

Provide an Application for Services Packet to the individual on the day the individual makes a request in person or send an application to the individual within five (5) working days of a request received by telephone or in a record.

NOTE: A record includes information that is inscribed on a tangible medium (e.g., a written document)

or that is stored in an electronic medium (e.g., scanned documents or documents created

electronically).

If a specified relative is applying for Non-IV-A services, give the specified relative one application to complete. The completed application can be attributed to each parent’s case in Content Manager. If you are aware that there may be more than one possible alleged father on a paternity establishment case, send the applicant an application packet for each alleged father.

Applications are available to the public as follows:

· At all ORS office locations;

· On the ORS website (click on the “Application for Services” tab on the home page); or,

· By request on the automated phone system (Customer Service Units are responsible for responding to application requests left on the phone system).

Types of Referrals for CSS Cases

1. Completed application packet.

2. Notification to ORS/CSS of DWS or DHHS Case Reinstatement form from DWS/DHHS worker. In December 2001 ORS/CSS, in conjunction with the DWS and DHHS, developed the Notification to ORS/CSS of DWS or DHHS Case Reinstatement form. The form is used by DWS and DHHS workers to notify CSS workers that the DWS/DHHS case has reinstated within 60 days of closure on the eREP system.

Prior to the creation of this form the eREP applicant/recipient was required to complete a new CSS duty of support application packet if the recipient’s case had been closed longer than 30 days, even if there had been no change in the information about the NCP or household since the last CSS application and referral was completed.

a. eREP Case Closed for 60 Days or Less: The Notification form may only be used if the eREP case was closed for 60 days or less. A new ORSIS referral is not needed when the Notification form is used, nor is any sort of parent update sheet required from the applicant/recipient.

i. The DWS or DHHS caseworker is responsible for completing the Notification form and forwarding the form to the ORS/CSS central mailing address. If there are multiple cases, the DWS/DHHS worker must complete one form for each of the applicant/recipient’s cases that should be reinstated.

ii. Once ORS/CSS receives the Notification form, the image will be routed to the appropriate intake team. Review your case for the next appropriate action, including any reinstatement or case opening activity that may be required per policy. Also review the ORSIS screens for any updated information about the applicant/recipient received from eREP which may affect your case.

b. eREP Case Closed for More Than 60 Days: If the eREP case is closed for more than 60 days, the applicant/recipient must complete a new CSS duty of support/application for services, and a new ORSIS referral must be made.

c. In addition, if the answer to the question “Has the number of members within the recipient’s household changed with this reinstatement?” on the Notification form is “Yes” and the household changed because another child was added, the applicant/recipient must complete a duty of support for the additional child and an ORSIS referral must be done for that child.

All application packets and Notification forms will be routed directly to Central Mail to be imaged as mail. The received date added to the image during the imaging process will serve as the date stamp for all auditing and timeframe purposes.

CIC Forms Overview

1. Call in Referral. This form is used to complete an initial interview with the parents when they call the Office of Recovery Services/Child in Care (ORS/CIC) as ordered as a result of a placement of a child(ren) in Division of Child and Family Services (DCFS) or Juvenile Justice and Youth Services (JJYS).

Types of Referrals for CIC Cases

Within three (3) working days of the juvenile court hearing, the juvenile court may send CIC a copy of the juvenile court order with ORS support language to notify CIC that a child has been placed in state care or custody. The CIC program administered by ORS will also receive an electronic referral from the referring agency, which will identify all participants for a case. This may include the child(ren) in care, potential obligors (a parent, spouse, or the recipient as well), identifying information about all parties, the date of admission to a facility, and various additional data as needed for the ORS case (i.e., whether the parent has known assets, income, insurance coverage, Social Security benefits, etc.). The referring agencies may also send ORS a manual (paper) referral.

ORS/CIC receives three types of notification when a child is placed in state care or custody.

1. Electronic Referrals – When a case is opened via the ORSIS electronic referral process, research is done and the appropriate case numbers and profile screens are automatically set up and updated. Once the case is opened on ORSIS, an alert is automatically sent to the intake agent. The intake agent will review the information on the case for accuracy.

a. Error Report – There are instances when the electronic referral system is unable to open a case on ORSIS. To ensure that a case is opened on these participants, an error report is generated and must be reviewed and appropriate action taken daily. The error report includes the necessary information (e.g., names, date of births, etc.) needed to open a manual case on ORSIS.

NOTE: Case information for children in a guardianship placement will be included in the error report; however, the parents’ information may not be found on the error report because there is no reunification plan. Therefore, intake agents may need to call the DCFS worker to determine who the parents are prior to opening a case.

2. Manual Referrals – If the referral was made manually (including paper referrals and/or call in referrals), the agent must complete a computer research of the participants’ names and social security numbers to determine if a case number has already been assigned AND if a case exists on the computer for the participant(s) on the referral.

3. Notification from the Juvenile Court – If CIC receives a juvenile court order directly from the juvenile court or receives an email that there is an order, the agent must complete a computer search of the participants’ names and social security numbers to determine if a case number has already been assigned AND if a case exists on the computer for the participant(s) on the referral.