CS APPENDIX
T-P
Federal Performance Standards for
IV-D Child Support
Revised 10/08/19 Training Completed 01/18/11 Last Reviewed 12/02/24
This document is a brief
summary of some of the federal requirements for the IV-D program as indicated
in 45 CFR Part 303 STANDARDS FOR PROGRAM OPERATIONS. It also includes additional federal
requirements of Parts 302.32 and 308.
Utah’s IV-D cases are reviewed annually as required by 45 CFR 308 to
determine compliance to Part 303 program requirements. For most areas, to achieve “substantial
compliance”, 75% of the cases must meet the federal requirements listed
below. There are several
exceptions: for Case Opening and Case
Closure, 90% of the cases must meet the requirements to achieve “substantial
compliance”, and for Expedited Process, 75% of the orders must be established
within 6 months of service of process and 90% must be established within 12
months.
Additionally, while 45 CFR 308
sets forth the review of the timeframe criteria it also provides that a case
meets the minimum program requirement if the result was achieved during the
review period. This provision applies to
the program areas for each of the cites marked with CFR 308.2 and is reflected
in the annual federal Self Assessment Review.
However, if the required result was achieved during the review period
but not within the federal timeframes, the case will not meet the timeframes
requirement listed below. For example,
if an order is successfully established during the 12 month review period but
within the 90-day timeframe for paternity and support order establishment (see
below), service of process was not completed (or in the alternative,
unsuccessful attempts to serve process were not documented), the case will pass
for purposes of the federal Self Assessment Review but will fail federal
timeframes.
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CASE OPENING |
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Requests for IV-D Child Support Services.
When an individual requests a Non IV-A application for child support
services, provide appropriate child support forms in accordance with CS 100-1
Applications/Referrals Overview to the individual on the day the individual makes
a request in person, or send the forms to the individual within 5 business
days of a written or telephone request.
When an individual applies for IV-A or Medicaid assistance, provide
appropriate child support forms in accordance with CS 100-1 to the individual
within 5 business days of receipt of a referral from the referring agency. |
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Case Opening Standards for Paternity and Support Order Establishment. A
case must be opened within 20 calendar days of receiving notice (eREP referral or filing of an application). For the federal Self Assessment Review, if
an order for support is required and established during the review period,
the case meets the requirement and passes the Paternity and Support Order
Establishment objective. |
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45 CFR 308.2(c)(1) and (2) |
Case Opening Standards for Enforcement of Orders. A
case must be opened within 20 calendar days of receiving notice (eREP referral or filing of an application). For the federal Self Assessment Review, if
income withholding was appropriate and a withholding collection was received
during the last quarter of the review period or if income withholding was not
appropriate and a collection was received during the review period and the
case was submitted for Federal And State income tax refund offset (if
appropriate), the case meets the enforcement requirement and passes the
Enforcement objective. |
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45 CFR 308.2(f)(1) |
Case Opening Standards for Review and Adjustment of Orders. A
case must be opened within 20 calendar days of receiving notice (eREP referral or filing of an application). For the
federal Self Assessment Review, if a case has been reviewed and meets the
conditions for adjustment under State law and procedures and CFR 303.8 and
the order is adjusted or a determination is made as a result of a review
during the review period that an adjustment is not needed in accordance with
the State’s guidelines for setting child support awards, the case meets the
requirement and passes the Review and Adjustment objective. |
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PATERNITY AND SUPPORT ORDER ESTABLISHMENT |
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45 CFR 308.2(b)(1) |
Paternity and Support Order Establishment.
Establish paternity, if necessary, and a support order or complete
service of process within 90 days (or document unsuccessful attempts to serve
process) of locating the alleged father or noncustodial parent (NCP). For the federal Self Assessment Review, if
an order for support is required and established during the review period,
the case meets the requirement and passes the Paternity and Support Order
Establishment objective. This
situation identifies a case being reviewed as an Action Case and no review is
made of the timeframe criterion for opening a case or locating the case’s NCP. When a case is determined not to be an
Action Case, these criteria are applicable to the audit results and are
reviewed. |
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Expedited Process (Support Order Establishment).
From the date of service support order establishment (regardless of
whether paternity has been established) must be completed within the
following timeframes: (A) 75% in 6 months;
and (B) 90% in 12 months. |
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Long-arm. In cases where the agency uses long-arm
jurisdiction and disposition occurs within 12 months of service of process on
the alleged father or noncustodial parent (NCP), the case may be counted as a
success for the 6-month standard. |
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Location of Noncustodial Parent. Research all appropriate
locate sources within 75 calendar days from the date location is determined
to be necessary. If an order was not
established during the review period, at a minimum, use all of the following
locate sources as appropriate:
Custodial parent, FPLS, U.S. Postal Service, DWS employment
information, DMV, and credit bureaus. |
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Repeat location attempts quarterly and when new information is
received. Quarterly attempts may be limited to
automated sources, but must include accessing DWS employment
information. Repeated attempts because
of new information must be made within 75 calendar days of receiving new
information. For the federal Self Assessment
Review, if an order for support is required and established during the review
period, the case meets the requirement and passes the Paternity and Support
Order Establishment objective. |
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ENFORCEMENT |
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45 CFR 308.2(c)(1) and (2) |
Research all appropriate locate sources within 75 calendar days from
the date location is determined to be necessary.
At a minimum, use all of the following locate sources as
appropriate: Custodial parent, FPLS,
U.S. Postal Service, DWS employment information, DMV, and credit bureaus, and
quick locate in other States. For the
federal Self Assessment Review, if income withholding was appropriate and a
withholding collection was received during the last quarter of the review
period or if income withholding was not appropriate and a collection was
received during the review period and the case was submitted for Federal and
State income tax refund offset (if appropriate), the case meets the
enforcement requirement and passes the Enforcement objective. |
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45 CFR 308.2(c)(1) and (2) |
Repeat location attempts quarterly and when new information is
received. Quarterly attempts may be limited to
automated sources, but must include accessing DWS employment
information. Repeated attempts because
of new information must be made within 75 calendar days of receiving new
information. For the federal Self
Assessment Review, if income withholding was appropriate and a withholding
collection was received during the last quarter of the review period or if
income withholding was not appropriate and a collection was received during
the review period and the case was submitted for Federal and State income tax
refund offset (if appropriate), the case meets the enforcement requirement
and passes the Enforcement objective. |
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Income Withholding. Send an income withholding notice to an
employer within 2 business days of State Directory of New Hire information
being reported to ORS/CSS, and within 2 business days of receipt of notice of
an income source subject to withholding from a court, another State, an
employer, the FPLS or another verified source recognized by the State. The 2 day time period begins as of the date
the employer information is verified and entered either automatically or
manually on the CSS computer system.
For the federal Self Assessment Review, if a withholding collection
was received during the last quarter of the review period and the case was
submitted for Federal and State income tax refund offset (if appropriate),
the case meets the enforcement requirement and passes the Enforcement
objective. |
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45 CFR 308.2(c)(2) |
Enforcement Action. Take an appropriate enforcement action
(when income withholding is not appropriate) within 30 or 60 calendar days
(60 days if process service is necessary) from the date the obligor is
determined to be delinquent or located, whichever occurs later. Document unsuccessful attempts of process
service. For the federal Self
Assessment Review, if income withholding was not appropriate and a collection
was received during the review period and the case was submitted for Federal
and State income tax refund offset (if appropriate), the case meets the
enforcement requirement and passes the Enforcement objective. |
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Tax Offset. If appropriate, submit cases with
arrearages for federal and state tax offset once a year. |
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DISBURSEMENT OF COLLECTIONS (See 454b of
PRWORA) |
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45 CFR 302.32(b)(3)(i) 45 CFR 308.2(d)(i) 42 U.S.C. 654b(c)(1) |
Disbursement of Collections. Effective October 1,
1998. This criterion is reviewed for
the last collection received during the last quarter of the review
period. State and federal tax offset
collections are excluded. If the case
was closed during the review period, the last appropriate quarter will be
reviewed. The payment must be
disbursed within 2 business days after receipt of payment by the State
Disbursement Unit (accounting) if sufficient information identifying the
payee is provided. |
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REVIEW
AND ADJUSTMENT |
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45 CFR 308.2(f)(1) |
Review and Adjustment of Child Support. Within 180 calendar days of receiving a request for a review, or locating the non-requesting parent, whichever occurs later, conduct a review of the order and adjust the order or determine that the order should not be adjusted. For the federal Self Assessment Review, if a case has been reviewed and meets the conditions for adjustment under State law and procedures and CFR 303.8 and the order is adjusted or a determination is made as a result of a review during the review period that an adjustment is not needed in accordance with the State’s guidelines for setting child support awards, the case meets the requirement and passes the Review and Adjustment objective. |
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45 CFR 308.2(f)(1) |
Location of Noncustodial Parent (NCP). If locate is necessary to conduct a review, research all appropriate locate sources within 75 days from the date location is determined to be necessary. At a minimum, use all of the following locate sources as appropriate: Custodial Parent, FPLS, U.S. Postal Service, DWS employment information, DMV, credit bureaus, and quick locate in other states. For the federal Self Assessment Review, if a case has been reviewed and meets the conditions for adjustment under State law and procedures and CFR 303.8 and the order is adjusted or a determination is made as a result of a review during the review period that an adjustment is not needed in accordance with the State’s guidelines for setting child support awards, the case meets the requirement and passes the Review and Adjustment objective. |
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Notify Parents of Rights to Request Review. Not less than once every three years, notify each parent subject to a child support order in the state of the right to request a review of the order and, if appropriate, adjust the order, and the appropriate place and manner in which the request should be made. For the federal Self Assessment Review, if a case has been reviewed and meets the conditions for adjustment under State law and procedures and CFR 303.8 and the order is adjusted or a determination is made as a result of a review during the review period that an adjustment is not needed in accordance with the State’s guidelines for setting child support awards, the case meets the requirement and passes the Review and Adjustment objective. |
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SECURING
AND ENFORCING MEDICAL SUPPORT ORDERS |
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42 U.S.C. 666(a)(19) 45 CFR 303.31(b)(1) |
Establish Order Process. When establishing a child support order, include a medical support provision. If this is not possible, ensure that a request for a medical support provision was included in the petition for support to the court or the NAA under UAPA. Gathering and Providing Insurance Information: If available at the time of case opening or establishment of an order, obtain the noncustodial parent’s health insurance policy name; number and names of person(s) covered and provide this information to the Medicaid agency or the Non IV-A applicant/recipient of child support services. |
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45 CFR 303.30(b) 45 CFR 303.31(c) 45 CFR 303.32 |
Enforcement Process. If employer-based health insurance is available to the noncustodial parent at reasonable cost, and has not been obtained at the time the order is entered, take steps using the National Medical support Notice (NMSN) to enforce the health insurance coverage required by the support order and provide the Medicaid agency or Non-IV-A applicant/recipient of child support services with the information. |
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Send a National Medical Support Notice (NMSN). Within 2 business days of receiving new hire information from the State Directory of New Hires (SDNH) send an NMSN to the employer. |
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INITIATING
INTERSTATE CASES |
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Initiating Interstate Cases. If unable to utilize in-state remedies in a case where the noncustodial parent (NCP) is out-of-state (refer to CS 220 Long-Arm and CS 221 In-state Remedies on Out-of-State Cases), and you determine the case should be worked by the IV-D agency in the state where the NCP resides (“two-state” action), within 20 calendar days refer any intergovernmental IV-D case to the appropriate State Central Registry, Tribal IV-D program or Central Authority, if one-state remedies are not appropriate. Include in the referral any necessary information needed to process the case. |
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Provide Requested Information. Within 30 calendar days of receipt of the request for information, provide the responding agency with an updated intergovernmental form and any necessary additional documentation, or notify the responding agency when the information will be provided. |
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Provide New Information. Notify the other agency within 10 working days of receipt of new information on an intergovernmental case. |
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Request for Review/Adjustment. Send a request for review of a child support order to another State within 20 calendar days of determining that a request for review of the order should be sent to the other State and of receipt of information from the requestor necessary to conduct the review in accordance with section 466(a)(10) of the Act and subsection 303.8 of this part. |
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RESPONDING
INTERSTATE CASES |
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Provide New Information. Notify the other agency within 10 working days of receipt of new information on an intergovernmental case. |
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Forward Case Within State. Within 10 working days of locating the noncustodial parent (NCP) in a different political subdivision within the State forward/transmit the forms and documentation to the appropriate political subdivision and notify the initiating agency and the responding State’s own central registry of its action. |
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Forward Case to Different State. Within 10 working days of locating the noncustodial parent in a different State, the responding agency must return the forms and documentation, including the new location, to the initiating agency, or, if directed by the initiating agency, forward/transmit the forms and documentation to the central registry in the State where the noncustodial parent has been located and notify the responding State’s own central registry where the case has been sent. |
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Forward Payments. Within two business days of receipt of collections, forward any support payments to the initiating State. |
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Central Registry Responsibilities. Within 10 working days of receipt of an interstate IV-D case, the central registry must: i. Ensure that the documentation submitted with the case has been reviewed to determine completeness; ii. Forward the case for necessary action either to the central State Parent Locator Service for location services or to the appropriate agency for processing; iii. Acknowledge receipt of the case and request any missing documentation; and, iv. Inform the initiating agency where the case was sent for action. |
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Central Registry Response to Request for Case Status Review. The central registry must respond to inquiries from initiating agencies within 5 working days of receipt of the request for a case status review. |
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CASE
CLOSURE |
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Case Closure. If a IV-D case was closed during the review period, determine whether the following requirements were met: One or more Federal case closure criteria were applicable. 60-day notice was sent, when appropriate. |