921 KAR 1:380 - Child Support Enforcement Program application and intergovernmental process
RELATES TO: KRS 205.705, 205.710-205.802, 205.992, 213.046(4), 403.211, 405.430(5), 405.467, 405.520, 406.021, 406.025, 407.5101-407.5903, 610.170, 45 C.F.R. 301.1, 302.30, 302.31, 302.33-302.36, 302.50, 302.65, 302.80, 303.2, 303.3-303.8, 303.15, 303.30-303.31, 303.69, 303.70, 42 U.S.C. 651-654, 657, 663, 666
NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050(1), 205.795, and 405.520 authorize the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations to operate the Child Support Enforcement Program (CSEP) in accordance with federal law and regulations. 45 C.F.R. 303.2 requires the child support application process to be accessible to the public. This administrative regulation specifies the process by which an individual may apply for child support services, the scope of services available, and the process for an intergovernmental case.
Section 1. Child Support Enforcement Case
Types.
(1) Kentucky Transitional Assistance
Program (KTAP) or Kinship Care.
(a)
1. An applicant for, or recipient of, KTAP or
Kinship Care shall make an assignment of rights to the state for support that
the applicant or recipient may have from any other person in accordance with
KRS 205.720(1) and 921 KAR 2:006.
2. The assignment shall:
a. Include members of the case for whom
support rights apply; and
b. Be
completed when applying for KTAP or Kinship Care benefits using the application
form incorporated by reference in 921 KAR 2:040.
(b) An applicant or recipient
shall cooperate in all phases of child support activity that shall, if known,
include:
1. The name of the noncustodial
parent or obligor;
2. The Social
Security number of the noncustodial parent or obligor;
3. Information to assist in the:
a. Location of the noncustodial parent or
obligor;
b. Enforcement of a child
support order; or
c. Review or
modification of a child support order;
4. Establishment of:
a. Paternity, if paternity has not been
established; and
b. An assigned
support obligation;
5.
Enforcement of:
a. An assigned support
obligation; and
b. A spousal
support order if the cabinet is collecting for a child who resides with the
spouse or former spouse; and
6. Forwarding any child support payment
received to the cabinet's centralized collection unit.
(2) Foster Care.
(a) The CSEP shall collect and disburse child
support on behalf of a child for whom:
1. The
state is making a foster care maintenance payment as required by 42 U.S.C. 657 and an assignment of rights has been made; or
2. The cabinet has custody, and there is an
order for the child's parent or parents to pay child support to the cabinet
pursuant to KRS 610.170.
(b) The child's benefit worker with
responsibility for the foster care child shall:
1. Cooperate with the CSEP;
2. Review and approve a foster care child
support referral;
3. Complete a
change of status if a change occurs that relates to the child support process;
and
4. Forward to the CSEP a copy
of the child support court documents.
(c) If a child with special needs is adopted
in accordance with 922 KAR 1:100 and reenters the custody of the cabinet, the
cabinet shall:
1. Determine that good cause
exists in accordance with Section 2(3) of this administrative regulation;
or
2. Establish a child support
obligation if:
a. A child with special needs
adopted in accordance with 922 KAR 1:100 has reentered the custody of the
cabinet due to the child's maltreatment or abandonment; and
b. The commissioner or designee recommends
the establishment of child support.
(3) Medicaid only.
(a) If a Medicaid-only referral is made, the
CSEP shall obtain the following information, if available:
1. Medicaid case number;
2. Name of the noncustodial parent or
obligor;
3. Social Security number
of the noncustodial parent or obligor;
4. Name and Social Security number of the
child;
5. Home address of the
noncustodial parent or obligor;
6.
Name and address of the noncustodial parent or obligor's place of employment;
and
7. Whether the noncustodial
parent has a health insurance policy and, if so, the policy name, policy
number, and name of any person covered.
(b) An application for Medicaid shall include
an assignment of rights for medical support, pursuant to 907 KAR 20:005.
(c) Except for a custodial
parent who is pregnant or in her postpartum period, pursuant to 907 KAR 20:005,
a custodial parent shall cooperate in all phases of medical support
activity.
(d) A Medicaid-only
recipient desiring full child support services, in addition to the medical
support services, shall complete and submit to the CSEP the CS-140, Assignment
of Rights and Authorization to Collect Support.
(4) Nonpublic Assistance.
(a) In accordance with KRS 205.721, the CSEP
shall make child support services available to any individual who:
1. Assigns rights for medical support
only;
2. Applies for services
pursuant to paragraph (c) of this subsection; or
3. Has been receiving child support services
as a public assistance recipient and is no longer eligible for public
assistance.
(b) The CSEP
shall notify the family no longer eligible for public assistance, within five
(5) working days, that child support services shall continue unless the CSEP is
notified to the contrary by the family.
(c) Application Process for a Nonpublic
Assistance Individual.
1. Upon the request of
a nonpublic assistance applicant, the CSEP shall give an application packet to
the applicant.
2. If the request
is:
a. Made in person, the packet shall be
provided the same day; or
b. Not
made in person, the packet shall be sent to the applicant within five (5)
working days of the request.
3. The application packet shall include the:
a. CS-33, Application for Child Support
Services;
b. CS-202, Authorization
for Electronic Deposit of Child Support Payments; and
c. CS-11, Authorization and Acknowledgement
of No Legal Representation.
4. In order to receive child support
services, the applicant shall complete and return the:
a. CS-33, Application for Child Support
Services; and
b. CS-11,
Authorization and Acknowledgement of No Legal Representation.
(d) Except for a
location-only case, services provided to a nonpublic assistance client through
the CSEP shall be those services listed in Section 2 of this administrative
regulation.
(e) If a case involves
a putative father, services provided shall be those identified in Section 2(1)
of this administrative regulation.
(f) The CSEP shall obtain the following
information from a nonpublic assistance applicant, if available:
1. Name, date of birth, and Social Security
number of the child;
2. Name of the
custodial and noncustodial parent or obligor;
3. Social Security number of the custodial
and noncustodial parent or obligor;
4. Date of birth of the custodial and
noncustodial parent or obligor;
5.
Home address or last known address of the custodial and noncustodial parent or
obligor; and
6. Name and address of
the custodial and noncustodial parent's or obligor's employer or last known
employer.
Section 2. General Services and Good Cause
for All Case Types.
(1) The CSEP shall provide
child support services for a case type described in this administrative
regulation in accordance with 42 U.S.C. 654. The services shall include:
(a) Location of the noncustodial parent or
obligor;
(b) Location of the
custodial parent for establishment of paternity;
(c) Establishment of paternity based upon the
receipt of either:
1. A court order;
or
2. An affidavit from the Office
of Vital Statistics that a signed, notarized voluntary acknowledgement of
paternity has been registered;
(d) Establishment of a child support or
medical support obligation by:
1. Petitioning
the court or administrative authority to establish child support pursuant to
the Kentucky Child Support Guidelines; and
2.
a.
Petitioning the court or administrative authority to include health care
coverage pursuant to 45 C.F.R. 303.31(b)(1) in new or modified court or
administrative orders for support; or
b. Petitioning the court or administrative
authority to include cash medical support in new or modified orders until
health care coverage that is accessible and reasonable in cost, as defined by
KRS 403.211(8)(a) and (b), becomes available;
(e) Enforcement of a:
1. Child support or medical support
obligation; and
2. Spousal support
obligation if the:
a. Custodial parent is the
spouse or ex-spouse;
b. Child lives
with the spouse or ex-spouse; and
c. Cabinet is collecting support on behalf of
the child;
(f) Review and modification of an assigned
support obligation in accordance with 921 KAR 1:400;
(g) Collection and disbursement of current
and past-due support payments resulting from an assigned support obligation,
less an annual fee assessed against a custodial parent who has never received
assistance, as defined by 42 U.S.C. 654(6)(B)(ii) and KRS 205.721(4), during
each Federal fiscal year in which $550 has been disbursed for the case;
and
(h) Submission of an
application to the health plan administrator to enroll the child if the parent
ordered to provide health care coverage is enrolled through the insurer and has
failed to enroll the child.
(2) The CSEP shall open a case and determine
needed action and services within twenty (20) calendar days of receipt of a:
(a) Referral from the public assistance
agency;
(b) Foster care referral;
or
(c) Nonpublic assistance
application in accordance with Section 1(4)(c) of this administrative
regulation.
(3) Good
cause.
(a)
1. If an applicant or client states that good
cause for noncooperation exists, the applicant or client shall have the
opportunity to establish a claim pursuant to 921 KAR 2:006.
2. Evidence for determination of good cause
shall be pursuant to 921 KAR 2:006.
3. For a foster care child, good cause for
nonenforcement of child support shall be determined to exist if evidence and
criteria are met pursuant to 921 KAR 2:006 or 922 KAR 1:530.
(b) If the CSEP has reason to
believe an allegation of child maltreatment or domestic violence pursuant to
KRS 205.730(1), the CSEP shall not attempt location, establishment,
modification, or enforcement of an assigned support obligation.
Section 3. Parent
Locator Service and Associated Fee for Service.
(1) Unless the cabinet has reason to believe
an allegation of child maltreatment or domestic violence pursuant to KRS 205.730(1) or 921 KAR 2:006, Section 25, location shall be attempted for a:
(a) Public assistance case referred to the
CSEP; or
(b) Nonpublic assistance
case for which child support services are being provided.
(2) The CSEP shall attempt to locate a
noncustodial parent or obligor and the noncustodial parent's or obligor's
employer, sources of income, assets, property, and debt, if necessary, for a
public assistance case or nonpublic assistance case assigned to the CSEP
pursuant to KRS 205.712, 205.730(5), and 45 C.F.R. 303.69 or 303.70.
(3) In accordance with KRS 205.730(4),
location services shall be provided in a parental kidnapping case.
(4) The CSEP shall provide location services
to a putative father in accordance with KRS 205.730(2) and (4).
Section 4. Intergovernmental
Process for Child Support Enforcement Services. In accordance with KRS 205.712,
407.5101-407.5903, and 45 C.F.R. 303.70, the CSEP shall:
(1) Extend to an intergovernmental IV-D child
support case the same services available to an intrastate case; and
(2) Provide a responding state with
sufficient and accurate information and documentation on the appropriate
intergovernmental transmittal forms, the:
(a)
CS-98, General Testimony;
(b)
CS-99, Declaration in Support of Establishing Parentage;
(c) CS-100, Uniform Support
Petition;
(d) CS-103, Child Support
Enforcement Transmittal #1 - Initial Request;
(e) CS-138, Child Support Locate
Request;
(f) CS-153, Child Support
Enforcement Transmittal #2 - Subsequent Actions;
(g) CS-154, Child Support Enforcement
Transmittal #3 - Request for Assistance/Discovery;
(h) CS-155, Notice of Determination of
Controlling Order;
(i) CS-157,
Letter of Transmittal Requesting Registration;
(j) CS-210, Child Support Agency Confidential
Information Form;
(k) CS-211,
Personal Information Form for UIFSA § 311;
(l) CS-212, Child Support Agency Request for
Change of Support Payment Location Pursuant to UIFSA §319; and
(m) CS-213, Child Support Enforcement
Transmittal #1 - Initial Request Acknowledgment.
Section 5. Public Awareness. The
effort, pursuant to KRS 205.712(2)(g), to publicize the availability of the
CSEP's services and encourage their use may include:
(1) Public service announcements;
(2) Posters;
(3) Press releases;
(4) Videos;
(5) Annual reports;
(6) Newsletters;
(7) Mail inserts;
(8) Pamphlets;
(9) Letters; and
(10) Internet.
Section 6. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "CS-11, Authorization and
Acknowledgement of No Legal Representation", 04/2023;
(b) "CS-33, Application for Child Support
Services", 6/2022;
(c) "CS-98,
General Testimony", 10/2020;
(d)
"CS-99, Declaration in Support of Establishing Parentage", 04/2023;
(e) "CS-100, Uniform Support Petition",
04/2023;
(f) "CS-103, Child Support
Enforcement Transmittal #1 - Initial Request", 04/2023;
(g) "CS-138, Child Support Locate Request",
04/2023;
(h) "CS-140, Assignment of
Rights and Authorization to Collect Support", 6/2022;
(i) "CS-153, Child Support Enforcement
Transmittal #2 - Subsequent Actions", 04/2023;
(j) "CS-154, Child Support Enforcement
Transmittal #3 - Request for Assistance/Discovery", 04/2023;
(k) "CS-155, Notice of Determination of
Controlling Order", 04/2023;
(l)
"CS-157, Letter of Transmittal Requesting Registration", 04/2023;
(m) "CS-202, Authorization for Electronic
Deposit of Child Support Payments", 6/2022;
(n) "CS-210, Child Support Agency
Confidential Information Form", 04/2023;
(o) "CS-211, Personal Information Form for
UIFSA § 311", 04/2023;
(p)
"CS-212, Child Support Agency Request for Change of Support Payment Location
Pursuant to UIFSA §319", 04/2023; and
(q) "CS-213, Child Support Enforcement
Transmittal #1 - Initial Request Acknowledgment", 04/2023.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Department for Income
Support, Child Support Enforcement, 730 Schenkel Lane, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be
viewed on the department's Web site at
https://chfs.ky.gov/agencies/dis/Pages/cse.aspx.
Notes
STATUTORY AUTHORITY: KRS 194A.050(1), 205.795, 405.520
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