|
|||||||
|
|
|
|
|
|
|
|
| Rev 11/04 | |
 |
|
SECTION 1
All activities of the Child Support Program arise from Title IV-D of the Social Security Act (U.S.C.). Requirements include activities such as:
Services must be provided to those persons receiving designated state assistance programs, and to non-assistance cases upon application for Child Support Enforcement (CSE) services. These requirements are further defined in the Code of Federal Regulations, Title 45, Part 300.
Under current law, in order for CSE to become involved in a case, the right to child support, which belongs to an individual, must be assigned to the Secretary of Social and Rehabilitation Services (SRS).
Kansas Statutes Annotated (KSA) 39-709 provides that persons who receive certain types of state assistance automatically assign their right to child support as a matter of law. For non-assistance cases, KSA 39-756 provides that individuals who apply for CSE service also make that assignment. Without an assignment of rights, CSE cannot become involved in a support case.
KSA 39-718b provides that parents are responsible to repay the state for any assistance expended on the behalf of the child such as the child’s portion of the Temporary Assistance for Needy Families (TAF) grant. The statute also sets out certain conditions which exempt the parent from liability. This is a civil action by the state against a parent or parents.
The Uniform Interstate Family Support Act (UIFSA), at KSA 23-9,101 et seq., has been adopted by all fifty (50) states and all territories of the United States, to assist in the enforcement of support obligations across state lines.
With few exceptions, Income Withholding Orders (IWO), at KSA 23-4,105 et seq., are now required in all cases. IWO’s require an employer to withhold current support and arrears payments from an obligor’s paycheck and to forward those support payments to the Kansas Payment Center (KPC).
Criminal non-support actions are allowed by both state and federal law. In Kansas a county or district attorney must agree to take the action. KSA 21-3605 sets out the requirements for a state criminal action. Only a U.S. District Attorney can bring a federal criminal non-support action. A request for federal prosecution must be coordinated with CSE Central Office. The requirements for federal criminal action are set by 18 U.S.C. 228.
Other legal remedies are available: Garnishment, KSA 60-714, et seq.;
Garnishment of wages, KSA 60-2310; Contempt of Court (indirect/civil), KSA 20-1204(a); Lien on Real Estate, KSA 60-2202 and 2204; Lien on personal property, KSA 23-4146; Aid in Execution, KSA 60-2419.
The Kansas Child Support Enforcement (CSE) Program, by federal requirement, administers a state-wide system to establish paternity, obtain child support and medical support orders for children and enforce support orders.
These efforts directly result in food, shelter, clothing, medical care and education for children.
Additional efforts result in reimbursement to state programs that provide direct services to children.
While the focus is on obtaining child support, medical support, and enforcing spousal support (if child support is also owed), a constant awareness must be maintained that such efforts can and should encourage parents to fulfill more than just monetary obligations to their children.
CSE supports fatherhood initiatives and other programs that seek to strengthen parental contact and emotional support with children.
| 1300 | AVAILABILITY OF CHILD SUPPORT ENFORCEMENT (CSE) SERVICES |
The Child Support Enforcement (CSE) Program has been delegated the responsibility for providing child support, alimony and medical support enforcement services to recipients of mandatory public assistance (PA) programs and to applicants not otherwise eligible for or receiving assistance. Services extend to the enforcement of alimony payments only if a support obligation has been established for that spouse and the child support obligation is being enforced through the state’s Title IV-D plan.
Services are not available for the establishment of an alimony order or enforcement services solely for alimony payments. However, a rare exception exists to enforce an alimony-only order. If an applicant/recipient receives TAF assistance while possessing a court order solely for alimony, the alimony order is enforceable since all support is assigned to SRS. In conjunction with the alimony, establishment of a subsequent child support and/or 718b order must be in progress.
Later references to “enforcement activities” should be understood as including alimony enforcement as part of CSE when such support is assigned.
Universal Access
Information concerning and applications for CSE services are available at
SRS Offices and Access Points throughout the state. A request for services can be made via a toll free call at 1-888-369-4777, or by completing an application for services on the Internet.Generally, CSE case work will be handled at the SRS service center assigned to cover the county in which the applicant resides or where other services are provided. However, an individual can apply for SRS services in an area other than where s/he lives.
If an applicant requests his/her case be managed in an office that does not usually handle the county in which the applicant resides, it is expected the SRS service center that receives the application will inform the applicant of possible options, considerations, and consequences of having the case managed from a service center other than the one which would ordinarily serve residents of that county.
1310 ELIGIBILITY FOR CSE SERVICES
There are no eligibility requirements (i.e. income limitations, residence) to make application for CSE Services, however the extent of services provided may be limited by legal factors and the relationship to the child for whom services are requested.
Every application will be handled on an individual basis and the circumstances will be evaluated. CSE reserves the right to decline an application as situations warrant. A circumstance may include when a judge indicates there is no legal standing on the case, therefore, CSE would be unable to provide any services. (For more information regarding application, see KCSEM 1360 - Responsibilities of the Applicant.)
The Secretary of SRS or the Commissioner of JJA may apply, through an authorized agent, for CSE services with respect to a minor child placed in custody of the Secretary or Commissioner under chapter 38 of the Kansas Statutes Annotated.
No person will, on the grounds of race, religion, color, sex, age, handicap, national origin or ancestry, be excluded from participation in, be denied the benefit of, or be subject to discrimination under any program or activity of the State Department of Social and Rehabilitation Services (SRS).
The following situations often create the appearance of a conflict of interest, although the assignment of all support rights to the Secretary of SRS normally eliminates any real conflict. In these situations, it is critical that custodial parents (CPs) receive and understand the "Legal Rights and Duties" section of the CSE Handbook:
- The Non-TAF applicant also is or has been a non-custodial parent (NCP), or
- The Non-TAF applicant is being pursued by the agency for withholding any support payments or for repayment to SRS of incorrect disbursements
Occasionally, circumstances in a case create a real conflict of interest for the agency or for the IV-D attorney, and the case must be specially handled. Field staff must consult with local CSE legal staff for guidance if:
- The legal action needed (other than modification of current support) would require a IV-D attorney to argue on both sides of the case for two CPs
- SRS and a CP who owes money to SRS have not agreed on the amount owed and how the debt will be paid
- Other circumstances seem to create a conflict of interest between the CP and either the agency or the IV-D attorney
Additional conflicts may arise if anyone working in the CSE program is the party involved in a case or has any other personal interest with the persons involved.
In any event a potential conflict of interest may arise, the case should be brought to the attention of the Program Administrator. (An example would be if a friend or relative is a party on the case.) The Program Administrator will then assess the situation and determine if the case should be reassigned. This policy may extend to any individual working in a CSE office or contract office and applies to administrative assistants, collection officers, or supervisors. Any potential conflict with attorneys or any legal staff should be brought to the attention of the Attorney II.
Federal Regulations require that CSE services be provided for all children who are receiving Temporary Assistance for Families (TAF). Full CSE Services must also be provided to the recipient who chooses to receive only the medical benefit (MA-CM) unless the recipient notifies CSE that only services relating to securing medical support are wanted.
Recipients of TAF must cooperate with CSE regarding the location of the NCP, as well as the
establishment and enforcement of child support. A recipient who receives only MA-CM must cooperate with efforts to determine paternity and establish medical support. CSE is also required to serve children receiving TAF foster care
In addition to these federally mandated groups, Kansas has opted to require recipients of Child Care assistance to cooperate with CSE. Kansas also has chosen to automatically provide CSE services for children who are in state funded Foster Care (See KCSEM 2520 - Foster Care Case Coordination) or in the custody of the Juvenile Justice Authority (JJA). (See KCSEM 2530 - Coordination with Juvenile Justice Authority (JJA)
Mandatory participants may request a determination of “good cause for non-cooperation,” which if approved, will exempt them from cooperation with CSE. See KCSEM 1360.2, “Good Cause for Failing to Cooperate.”
Child Support services are provided to these mandatory participants at no cost. Child Support received on behalf of a current TAF recipient or a child in custody of the state who is in an out of home placement is retained by the state as reimbursement for state expenditures. Child support received on behalf of recipients of child care services or MA-CM medical coverage is passed on to the family.
In some instances, an alleged father may reside in the TAF household. To be legally viewed as the father in this situation, paternity must be established if it has not previously been.
CSE will receive an immediate referral from Economic Employment Support (EES) for establishment. These referrals are to be treated as high priority cases. Efforts should be made to have a service provider available, in person or by phone, to discuss paternity establishment and arrange for the necessary documents to be signed.
The custodial parent (CP) and non-custodial parent (NCP) are instructed to contact CSE within a specified period of time and cooperate in establishing paternity by completing necessary documents.
If contact is not made, a non-cooperation notice will be sent to EES and TAF benefits could cease.
1330 NON-MANDATORY PARTICIPANTS
Persons who meet the criteria outlined in KCSEM 1310, but are not mandatory participants, may apply for and receive CSE services. There is no residency requirement.
CSE is required to continue child support enforcement (CSE) services when families lose eligibility for TAF, Child Care, or MA-CM benefits. Unless the family requests CSE services not be provided, the case automatically becomes a Non-TAF case.
CSE is required to provide appropriate notice, continue to provide CSE services, and pay any amount of support collected to the family on the same basis and under the same conditions as pertain to other Non-TAF families. The exception is that no application, other request to continue services or application fee for services is required.
The assignment of support rights will remain in effect from TAF approval through TAF closure and thereafter until the CP requests that CSE cease efforts on their behalf or CSE closes the Non-TAF case for other reasons, whichever comes first.
A support debt that is permanently assigned (i.e. accrued during the months TAF was received) to the state remains so after TAF closure.
If the IV-D case is already closed or all eligible children are leaving the home and no arrears are owed, no extended services or notice is required. In all other cases, CSE must notify the family that the case will become Non-TAF and that CSE services will continue to be provided without the need for an application. The notice must explain the state fees, cost recovery, and distribution policies as well as inform the family that services will be continued unless CSE is notified that continued services are not desired. Notification is automatically generated to TAF recipients when their TAF cash portion is closed.
1330.3 Child Only Medicaid Cases
The following programs are exempt from a referral to CSE
MP Medicaid/Child receives Healthwave SI Medicaid/Child receives SSI MS Medicaid/related to SSI CI Medicaid/Child in Institution Families applying for medical services only for children in their households will be advised child support enforcement services are available if they wish to apply; but the requirement to cooperate with CSE and the automated referral process will be eliminated for all medical only cases that cover the children in the family. No application is required if the child is open medical (See KCSEM 2410.1)
To allow families the opportunity to access CSE services, approval notices for child only medical programs incorporate language regarding the availability of CSE services.
1340 CHILD SUPPORT SERVICE OPTIONS
CSE offers two types of service; full service and locate only. Recipients of TAF assistance, Child Care Services and children in Foster Care or JJA custody are automatically provided with full services. A CP whose children receive MA-CM benefits are offered voluntary comprehensive CSE services by EES. This CP can choose to opt out of comprehensive services and request medical support enforcement services only.
All other applicants, who have submitted an application for Non-TAF CSE services, may choose between full service and locate only. A recipient who is not mandated to receive full service may change the type of service requested at any point while the case is open. Once the case is closed, a new application is required.
The agency is responsible for makin
g a concerted effort to obtain the current residence or employment address for the NCP using local, state and federal resources as appropriate. It is important that the CSE employee explain to the applicant that this process could take several months.
This information may be released to the CP or their representative, unless there is an overriding issue. See KCSEM 1640.1.
Unless the CP requests full services, the CSE file will be closed as soon as the NCP is located and the CP is informed of his/her whereabouts.
See KCSEM Section 3 (Information Gathering).
1340.10 Parental Kidnapping Locate Service
The CSE Program and the Federal Office of Child Support Enforcement (OCSE) have entered into a contract to provide location in parental kidnapping and child custody cases.
CSE may accept applications from authorized persons to access the Federal Parent Locator Service (FPLS) to locate NCPs or children when such information is used in connection with parental kidnapping or child custody cases.
The term "authorized person" is defined as:
- A prosecuting attorney, assistant prosecuting attorney, or other agent for the state who has the duty or authority, under Kansas law, to enforce a child custody order
- A court or agent of a court in any state who has the jurisdiction to make or enforce a child custody order
- A U.S. attorney, Assistant U.S. attorney, agent of the Federal Bureau of Investigation (FBI), state attorney or agent who has the duty or authority to investigate, to enforce or bring a prosecution with respect to the unlawful taking or restraint of a child
Note: |
Private attorneys are not considered to be authorized persons as they are not agents of the court for purposes of this contract. Parents or their legal representatives may, however, petition a court to request location information from the Federal Parent Locator Service (FPLS). |
Application for this service may be made by contacting:
CSE Central Office
P.O. Box 497
Topeka, Kansas, 66601CSE Central Office telephone number: 785-296-3237
The application fee for this service is $25. No other fees are charged.
Information obtained from Federal Parent Locator Service (FPLS) will be forwarded by CSE Central Office to the authorized person.
All questions or concerns raised by individuals which are not addressed here should be directed to CSE Central Office.
CSE, including contract agencies, is not authorized to perform activities in connection with parental kidnapping or child custody cases. CSE acts only as a conduit of information between the authorized person making the request and the Federal Parent Locator Service (FPLS).
The applicant may apply for full services which may include:
- Location of the NCP
- Location of employer(s)
- Establishment of paternity
- Establishment and/or enforcement of a support obligation (including orders for health insurance coverage)
Services are limited to these areas and do not include:
- Collection of court ordered obligations for the payment of (non-child support) indebtedness
- Recovery of insurance or medical expenses that were not originally journalized in the initial order
- Attorney fees
- Property settlements
- Visitation
- Other provisions of a divorce decree
- Representing the applicant in obtaining a divorce
- Changes in custody
The Kansas CSE Program does not charge an application fee to the applicant. There may be other fees as described in the following sections.
A 4% basic fee is charged on all Non-Public Assistance child support collections. (Note: Johnson county charges a fee of 2%, not to exceed $10.00 per month.) The NCP is credited for the full payment made and the fee is assessed prior to disbursement.
This fee is waived if the recipient or supported person is a public assistance (PA) recipient as of the date of collection. PA includes Child Care, TAF, Food Stamps, and any SRS medical assistance program.
1350.2 Incoming Interstate Fees
Federal regulations allow both sending and receiving states to apply cost recovery fees to interstate cases, as both states have incurred expenses.
Kansas applies the 4% cost recovery fee to collections made on behalf of incoming interstate Non-TAF cases. (Note: Johnson county charges a fee of 2%, not to exceed $10.00 per month.)
When such fees are applied, the obligor is given full credit for the payment made.
1350.3 IRS Full Service Collection Fee
Internal Revenue Service (IRS) will provide full collection services for
CSE. These services include, but are not limited to setoff of the federal tax refunds of the non-custodial parent (NCP). IRS charges $122.50 for this service. For more information, see KCSEM Section 5 for IRS full service collection details.
Non-TAF participants wishing to apply for this additional service must pay the fee at the time this service is requested.
Payment for the service and the supporting document will be referred to CSE Central Office as a packet for processing.
As required by federal law, there is a $25 annual fee for each CSE family that has never received assistance in any state under Title IV-A (i.e., TAF or the old AFDC program). The fee is assessed each Federal Fiscal Year after the first $500 is collected. However, CSE is absorbing the cost of this fee instead of imposing it on Kansas families. To change this policy in future, SRS would have to adopt a Kansas Administrative Regulation.
In interstate cases, the initiating state is responsible for the mandatory Never-TAF fee. Unless the initiating state absorbs the fee as Kansas does, that state is responsible for collecting it from either the custodial parent or the noncustodial parent. Unless IV-D fees are clearly defined under the initiating state's law as child support, collecting Never-TAF fees from a family is not part of the services offered by Kansas CSE. The Intergovernmental Referral Guide provides information about IV-D fees in each state.
1360 RESPONSIBILITIES OF THE APPLICANT/PARTICIPANT
All applicants for CSE services are required to read about their rights and responsibilities in the CSE Handbook.
Each CSE participant assigns his/her rights to support (See KCSEM 1370 Assignment of Support Rights) and is expected to cooperate in the establishment and pursuit of support unless cooperation is determined not to be in the best interest of the child or the CP/caretaker relative.
The CSE participant is responsible for cooperating with the agency in establishment of paternity and orders for medical and/or child support, and their enforcement. Unless the participant has a claim for good cause for not cooperating approved, failure to cooperate may result in ineligibility for public assistance and/or closure of the CSE case.
Only the CP and/or caretaker relative is responsible for cooperating in the CSE effort. If a minor mother in the home refuses to cooperate, negative sanctions cannot be taken as long as the caretaker relative is cooperating to his/her fullest.Cooperation may include, but is not limited to:
- Completing support information forms, and providing information or attesting to the lack of information under the penalty of perjury.
- Providing copies of legal documents supportive to the application (divorce decree, paternity acknowledgment, court order for child support, etc.)
- Providing any new or additional information which might assist in processing the case
- Appearing as a witness in court or other proceedings as necessary.
- Providing immediate written notice if the TAF participant requests the additional service of a private attorney or collection agency
- Immediately reporting any direct payments received from the NCP and the TAF participant turning those payments in to the state
- Establishing an agreement with CSE for repayment of assigned support which is incorrectly received, and maintaining payments under the terms of such a repayment agreement.
See KCSEM 2280.1 regarding non-cooperation with CSE.
1360.2 Good Cause for Failing to Cooperate
The participant may be excused from cooperating with CSE when it has been determined that pursuing the CSE case is not in the best interest of the child or of the CP/caretaker relative. It is the participant’s responsibility to claim “good cause” if they think it is related to the criteria listed below. EES is responsible for determining whether the mandatory participant has good cause for refusing to cooperate.
Good cause for failure to cooperate must relate to one of the following criteria:
- The child was conceived as a result of incest or rape.
- There are legal proceedings for adoption of the child pending before a court.
- The CP/caretaker relative is currently being assisted by a public or licensed private social agency to resolve the issue of whether the child will be kept or relinquished for adoption.
- The CP/caretaker relative has been a victim of domestic violence, thus compliance with program requirements would increase risk of harm for the individual or any children in the case. (To determine if a Family Violence Indicator may apply, see KCSEM 1640.11-Family Violence/Protection from Abuse.)
See KCSEM 2280.2 concerning CSE responsibilities in regard to good cause claims.
1370 ASSIGNMENT OF SUPPORT RIGHTS
CSE requires participants in the IV-D program to assign their rights of support to the Secretary of SRS. The support assigned includes child support and allotments. Maintenance (alimony) is also assigned to the state unless the person to whom the support is owed is not included in a TAF or Non-TAF case.
The purpose of the assignment is to give CSE the legal authority to establish, enforce, or modify the support orders for whom the rights have been assigned.
In accordance with KSA 39-709, an application for, or receipt of, TAF shall constitute an assignment of support rights and limited power of attorney to the Secretary of SRS.
The assignment shall transfer, by operation of law, to the Secretary of SRS when an order for child support has been established and the legal custodian/obligee surrenders physical custody to a caretaker relative.
The assignment includes accrued, present or future rights to support that the TAF recipient may have in their own behalf or in behalf of any family member for whom the recipient receives assistance. The assignment gives the Secretary a limited power of attorney to sign over to SRS any checks, money orders or other negotiable instruments representing support payments received. The assignment of support rights and limited power of attorney will automatically become effective on the date that TAF benefits are approved without the requirement that any document be signed by the client.
The assignment remains in force as long as the TAF case is open, even if no TAF grant is issued or the caretaker relative no longer has physical custody of the child.
When the TAF case is closed, any support obligations that accrued during the time frame TAF was open and remain due and owing upon closure to SRS (AF-PA debt details) until the Secretary has settled any claims for the TAF previously provided.
Support obligations which accrued prior to the receipt of TAF remain due and owing at TAF closure as conditionally assigned to SRS (NA-CA debt details).
After the TAF case closes, the assignment remains in effect until the CP/caretaker relative provides CSE with a written statement that CSE services are no longer desired or CSE closes the extended eligibility case for other reasons.Under the terms of the support assignment, the active TAF recipient agrees to refund to SRS all support payments received which are due and payable.
In accordance with KSA 39-756 as amended, the Secretary of SRS requires those requesting Non-TAF services to assign the rights to all present, past and future support for those for whom application has been made. The assignment gives the Secretary a limited power of attorney to sign over to SRS any checks, money orders or other negotiable instruments representing support payments received. The assignment becomes effective as of the date noted on the assignment and remains in force until the date CSE closes the case or thirty (30) days after the participant has submitted written request for closure.
Federal regulations require a centralized collection and disbursement center.
1380.1 Kansas Payment Center (KPC)
The Kansas Payment Center (KPC) provides a central registry for all Kansas child support orders and one payment location for court ordered child support and maintenance payments. The courts will instruct the NCP to make payments through KPC. KPC will forward both current support and arrears payments to the CP in cases where there is no SRS assignment of rights on file. If SRS has filed an assignment of rights with the court, KPC will forward payments as specified in the assignment.
SRS contracts with KPC to receive, record and disburse child support payments to recipients of CSE services based on directions from SRS.
Information regarding payments is available by calling 1-(877) 572-5722 or online at www.kspaycenter.com.
For more information regarding the Role of KPC, see KCSEM 6000.
1380.2 Kansas CSE Distribution Policy
When there is an assignment of rights on file, payments forwarded to SRS by KPC are distributed according to the policy required by federal regulations for IV-D cases. See KCSEM 6100 for distribution policy details.
If a current support obligation exists, payments will be applied to the obligation for the current month until it is satisfied.
Amounts exceeding current support received in a month are applied to any arrearage that exists under the order.
If no current support obligation exists, and arrears and/or a judgment are owed, payments will be applied to the arrears and/or judgment.
Unless specifically exempt by the court, all court ordered Child Support and Maintenance payments are to be made through KPC. Recipients of CSE services have an obligation to report to CSE any payments that are received directly.
On TAF related cases, in addition to reporting direct payments, all child support received while receiving assistance must be turned over to SRS/CSE. Any court ordered child support retained by a recipient of TAF on behalf of a child for whom they are receiving assistance is considered to be an overpayment. This overpayment will be recovered from the recipient through the IV-D recovery process.
Direct child support payments made to a TAF recipient when there is no court order for support must also be turned in to the agency. These recoveries are handled by EES through the IV-A overpayment process.
When Social Security Benefits are provided from the account of a child support obligor for aq TAF or Non-TAF supported person, credit is only given up to the current amount of the child support order.
If payments obligated on a Kansas CSE case are ordered through another state, a Notice of Assignment (NOA) must be sent to the other state to direct any payments being made under that order to the Kansas Payment Center (KPC).
Regarding Incoming Interstate cases with an existing out-of-state order, a NOA should NOT be sent.
It is not appropriate to close or force a recipient to request closure of IV-D cases due to a
private agency contract or because they have retained private counsel. However, such a contract or retention of counsel does not change the requirement for the recipient to cooperate with Kansas CSE. In addition, failure of a recipient to cooperate or loss of contact with a recipient will continue to be grounds for case closure under existing policy.
Under revised Federal CSE regulations pertaining to State funding, it is advisable to close cases having limited or no collection potential. Staff are encouraged to close cases that meet the following stated guidelines. These should be interpreted on a case-by-case basis and appropriate documentation must always be included when closing a case.
Each Child Support case must meet one or more of the lettered criteria that follow to be eligible for closure:a. A current support order no longer exists and arrearages are under $500.00 (Fed. Reg Section 45 CFR 303.11(b)(1)).
b. The putative parent or NCP is deceased and no further action, including a levy against the estate, may commence.
c. Paternity cannot be established due to one of the following reasons :
- Child is at least eighteen (18) years old and action to establish paternity is barred by statute of limitations
- Genetic test or a court or administrative process has excluded the putative father and no other putative parent has been named and identified
- Agency determination that it is not in the best interest of the child to establish paternity in a case involving forcible rape or incest, or other reliable documentation from social services or applicable agencies indicating pursuit of paternity is not in the best interest of the child
- Pending legal proceedings for adoption
- Identity of the biological father is unknown and unidentifiable after diligent efforts have transpired, including at least one interview by the agency with the recipient of services
d. The recipient of services is deceased and all arrears have been satisfied or the state has been reimbursed the total amount of Unreimbursed Assistance (URA) collectible. A new application may be received from the guardian if the support order is still enforceable or arrears have not been satisfied.e. The location of the NCP is unknown, and diligent efforts have been expended by the agency using multiple resources to locate said parent with no success based on one of the following criteria:
- Over a three (3) year duration when there is sufficient information to initiate an automated effort or
- Over a one (1) year duration when there is not sufficient information to initiate an automated locate effort
f. The NCP is unable to pay support for the duration of the child’s minority because (s)he:
- Has been voluntarily or involuntarily committed to a psychiatric facility or is incarcerated without possibility of parole or work release and has no income or assets which could be levied or attached for support or
- Is totally and permanently disabled as determined by duly authorized medical professionals and applicable standards, therefore not possessing the ability to provide support for the child(ren) and has no income or assets which could be levied or attached for support
g. The NCP is a citizen of and residing in a foreign country, and:
- Does not work for the Federal government or a company with headquarters or offices in the United States
- Has no reachable domestic income or assets which can be attached and
- The IV-D agency has been unable to establish reciprocity with the country of which the NCP is a citizen
h. The agency has provided location-only services, as requested by the customer.
i. The Non-TAF recipient has requested the case be closed and there is no assignment to the State for medical support, no TAF arrearage, nor an open Child Care case.
j. A good cause finding exists and the State agency has determined that support enforcement may not proceed due to possible risk of harm to the child(ren) or CP. (See KCSEM 1360.2 - Failure to Cooperate)
k. In a Non-TAF case, the IV-D agency documents failure of the CP to provide information, or in other ways cooperate, and action by the CP is essential to the progress in providing IV-D services.
l. In a Non-TAF case, efforts to contact the CP are unsuccessful in a sixty (60) day calendar period despite at least one (1) contact letter being sent via first class to the last known address. To close the case, the state IV-D agency must send a letter to the custodial parent of the intent to close within sixty (60) days. These letters are separate from one another.
m. The IV-D agency documents failure by the state who initiated the action for an incoming interstate case to take action essential for the next steps in enforcement of an order, paternity establishment and/or child support obligation. This includes receiving no response from the initiating state when being advised of a potential case closure due to a new location of the NCP in another state.
n. No automatic closure results if a CP hires a private attorney, as long as no duplication of services occurs. If the CP advises CSE to work through the private attorney on his/her behalf, said attorney’s actions must also be in cooperation with CSE. If said attorney is not cooperating, a lack of cooperation letter must be sent to this attorney with a copy to the CP. If non-cooperation status is unresolved, CSE closure results. (See KCSEM 1360.2 - Failure to Cooperate).
o. When a TAF case closes with no support obligation or judgment owed, and no ability exists to initiate legal action for establishing paternity and a URA judgment in a short time frame.
In cases meeting the above criteria (with the exceptions of “h”, “i” and “j”), the State must notify the CP, or the initiating State in an incoming interstate case meeting the criteria for closure, in writing sixty (60) days prior to the State’s intent to close the case.
The case must remain open if the CP or initiating State responds to the notice and re-establishes contact and/or supplies information which aids in the establishment of paternity, a support order, or enforcement of an order.
If the case is closed, the former CP can request that the case be reopened if there is a change in circumstances which could lead to paternity, order establishment or enforcement of an existing order. A new application for IV-D services must be completed.
The IV-D agency must retain all records for closed cases for a minimum of seven (7) years following the effective date of closure.
The previously listed closure criteria applies to Incoming Interstate cases. In addition, the Incoming Interstate portion of the case may be eligible for closure if the NCP is located in another state.
1600 CONFIDENTIALITY OF INFORMATION
Service providers have access to a large amount of information from a variety of sources. They must comply with laws designed to protect privacy rights of the individuals they deal with.
Unauthorized use of privileged or confidential information, or unauthorized disclosure of that information not only could be harmful to the individuals served by the CSE program, but could also result in liability to the state or criminal action against the individual who violates those rules.
These requirements are balanced against the general requirement that government be open and honest as well as the requirements of the department to comply with the Open Records Act.
As staff encounter situations where they question whether or not information can be released or used, they should consult with their supervisor or local CSE attorney. This section will provide guidance in this important area.
Any viewing and or disclosure of any case information in a non-business reason manner is prohibited. In other words, staff should not view any case in which they have no valid business reason to be viewing. Such action may require progressive discipline for that employee.
1610 RESTRICTIONS REGARDING RELEASE OF INFORMATION CSE staff and contractors are to be knowledgeable of and comply with the laws, regulations and restrictions on the release of information as outlined in the following sections.
Current sources of Federal law regarding confidentiality can be located at:
42 USCA 654 (26)
42 USCA 653 (b) (2)
42 USCA 653 (c) (2)
42 USCA 663 (d) (2) (B)See http://uscode.house.gov/usc.htm for more information.
Federal statute 42 USCA 654 (26) provides general guidelines for confidential information held by the state. Statute 42 USCA 663 and 653 provides general guidelines for confidential information obtained through the Federal Parent Locator Service (FPLS). The use or disclosure of information concerning applicants or recipients of support enforcement services is limited to purposes directly connected with the administration of the Child Support program or criminal or civil proceeding conducted in connection with the administration of the IV-D program.
Statute 42 USCA 654 (26) requires that the state maintain safeguards to protect privacy rights of the parties. These safeguards prevent the unauthorized use or disclosure of information by:
- Prohibiting the release of information concerning the whereabouts of a party if a protective order is in place
- Prohibiting the release of information if the state has reason to believe that it may result in physical or emotional harm to a party or a child
- Prohibiting the state from releasing information if the state has reasonable evidence of domestic violence or child abuse
Statutes 42 USCA 653 (c) (2) and 653 (d) (2) (B) require the state to release information to a court in order to make or enforce child visitation/custody determinations. However, such release can be denied if the state has reasonable evidence of domestic violence or child abuse.
IRS information is privileged and confidential following the requirements of 26 USCA 6103 and 26 USCA 7213.
For more information on these requirements, consult KCSEM 3430.
KSA 30-709b and amendments thereto provide rules of confidentiality
for information maintained regarding the custodial parent (CP). KSA 39-759 and amendments thereto provide rules of confidentiality for information maintained regarding the non-custodial parent (NCP).
KSA 39-709b generally requires that information regarding receipt of assistance from the Secretary of SRS shall remain confidential and privileged and shall be released under the provisions of this statute.The basic provisions of KSA 39-759, as amended, apply specifically to confidential information obtained or sought from certain sources. The sources covered include:
- Other state, county or local units of government
- Information obtained through private entities when obtained through administrative subpoena
- Information obtained through private entities through the use of administrative levy
- Information obtained from other sources or other means is not covered by this statute
For information to be confidential, it must be declared privileged or confidential by law or regulation. While some information received by CSE from the sources listed above may not actually be confidential by law, staff should safeguard all information received from these sources and disclose such information only when staff believe the disclosure is necessary for the performance of CSE program services and only to appropriate agency staff and individuals.
Criminal penalties are provided under KSA 39-759 if information mentioned above is sought using false pretenses for the inappropriate disclosure of confidential information from one of the covered sources. Attempting to obtain information under false pretenses applies to contractors, or an agent of a contractor, and includes:
- Misrepresentation of the identity of the person seeking the information Misrepresentation of the purpose for which the information is being sought
- Using IV-D resources to obtain information for use outside the CSE program
- Using IV-D resources to obtain information for personal and private use
Information obtained from the Department of Labor (DL) regarding Unemployment Insurance, Workers Compensations, and information from the Bureau of Vital Statistics is privileged and confidential. It cannot be released until the information is verified by using another source.
CSE operates in accord with the Kansas Open Records Act (KSA 1984 Supp. 45-
215 et. Seq.). Part of this act requires public records maintained by SRS be open to public inspection (and copying) during normal office hours unless such records fall within one of the exceptions set forth in the act.
Some common exceptions to the Open Records Act are:
- Information specifically prohibited or restricted by Federal law, State statute or rule of Kansas Supreme Court
- Records privileged under rules of evidence
- Correspondence between a public agency and a private individual
- Records which are the work product of an attorney
- Public records for individuals that are of a private nature, disclosure of which would be an unwarranted invasion of personal privacy
The Kansas Attorney General has provided further information regarding the Open Records Act at http://www.ksag.org/content/page/id/63. Condensed guidelines from the Open Records Act can be found at http://www.ksag.org/files/shared/KORA.pdf, with frequently asked questions about the Open Records Act (KORA) located at http://www.ksag.org/content/page/id/141.
Requests for release of information under the Open Records Act have specific time requirements for response and should be referred immediately to the local CSE Attorney II who will review the file, respond to the requestor according to the guidelines specified in the Handbook and, in consultation with CSE Central Office, determine what information may be released pursuant to the request.
Requests for information under the Open Records Act should be in writing and the requestor should be as specific as possible regarding the information they are requesting. This will help keep the copy and research time to a minimum.
1640 GENERAL INFORMATION REGARDING RELEASE OF CONFIDENTIAL INFORMATION 1640.1 Release of NCP information to CP
Information about an alleged NCP should not be released to the CP until after paternity has been established.
Unemployment Insurance (UI) and Workers Compensation information available through the Department of Labor (DL), information from the KS Bureau of Vital Statistics and information received from the Internal Revenue Services (IRS) is confidential and cannot be released. Other than this prohibition, there are no restrictions on what NCP information can be released to the CP or attorney for the CP unless there is a protection from abuse order or a known abusive relationship.However, at the same time, there is no requirement that information be shared, except pursuant to court order or request of formal legal discovery. Staff should exercise discretion and not release information when the release would be detrimental to providing CSE program services.
For example, it would not be in the best interest of the program to release an address for the NCP or employer if the CP has a history of harassing the NCP.
This also applies to releasing Incoming Interstate information to other states and CPs.1640.2 Release of NCP Information to Third Parties
Information may be released when specifically authorized either in
writing or verbally by the NCP. (See KCSEM 1640.8 - Sharing Information with other Agencies)
When contacting third parties for information about an NCP, staff can identify themselves as a CSE staff member and state the call is regarding a child support matter. They should not divulge more case details than are necessary to obtain the requested information. CSE case information cannot be released to skip tracers.
1640.3 Release of CP Information
CP information is protected and should not be released unless necessary for the administration of the IV-D program. Whenever providing IV-D services requires the release of CP information such as on a Domestic Relations Affidavit (DRA) or Uniform Interstate Family Support Act (UIFSA) document, it is permissible to do so unless:
- There is a protection from abuse order
- Known abusive relationship
- The CP has specifically requested that such information not be released
- A family violence indicator (FVI) has been set on the case (For more information, see KCSEM 1640.11-Family Violence/Protection from Abuse)
Information regarding a CP or child’s participation in public assistance (PA) programs may be released only as necessary in the administration of the program. Examples include the release of arrearage calculations or other debt information to the NCP which indicates a debt is owed to the state for unreimbursed assistance and medical judgments.
Information about the CP may be shared with third parties if the CP specifically authorizes such release. These release requests must be in writing and should be documented in the case record.
This also applies to releasing Incoming Interstate information to other states.
1640.4 Release of Information to Spouse or Relative of NCP/CP Information regarding the CSE case, the NCP or the CP may not be released to the spouse or relative of the NCP/CP unless written consent has been given by the appropriate NCP/CP and documented in the case record.
1640.5 Release of Information to Elected Officials
When a call or letter is received from an elected official who is inquiring on behalf of a constituent, there is an implied release on the part of the CP or NCP. Staff should immediately refer the call or letter to their Supervisor or Chief to discuss the particulars of a case.
Care must be taken not to release information that is protected by law or regulation such as Unemployment Insurance (UI), Workers Compensation or IRS information.1640.6 Release of CP/NCP information to Attorneys
Information which can be released to the CP or NCP can also be released to their private attorney.
1640.7 Release of Information to Courts, Guardians Ad Litem and District Attorneys Information, other than that protected by law, can be released to
courts, prosecuting attorneys and guardians ad litem as long as the reason for release is the administration of the program. If there is a protection from abuse order or known abusive situation, the guardians ad litem and/or district attorney must also be apprized of this situation.
Requests for Protected Information or for Non Protected Information when the Purpose is not in the Interest of the CSE Program:
Information which is protected by law or regulation cannot be released to anyone, even in the administration of the program. If such information is requested by a court, the attorney will advise them the information they have requested is privileged and cannot be released without an order of the court.
Subpoena/Court Order for Release of Information and/or Testifying In Court
The area Attorney II should be notified immediately of a subpoena to produce records or a court order to testify. Such notice should be in writing whenever time permits. A staff member who is subpoenaed, unless otherwise instructed by the Attorney II, should make appearance at the time and place stated in the subpoena, and should bring the records subpoenaed with him/her.
After being sworn in, (s)he should make a statement to the court in response to the first material questions. CSE has a prepared statement available.
The witness will then hand this opinion in its entirety to the court with a copy to the attorney, and will testify further according to the ruling and instructions of the court.
When appropriate, the CSE Attorney or contractor may need to file a motion to quash the subpoena. The CSE attorney or contractor is responsible to determine when this is necessary.
1640.8 Sharing Information With Other Agencies
Law Enforcement
Information may not be released to law enforcement officials unless the release of information furthers the purpose of the CSE Program, such as in criminal non support cases or parental kidnapping Requests from law enforcement officers should be forwarded to the Area Office Chief or to CSE Central Office.
Other IV-D Agencies
With the exception of address information in cases with protection from abuse orders or known abusive relationships, information may be shared freely with other IV-D agencies as long as it is in the administration of the program.
Other SRS Departments
Information may be shared with other SRS departments as long as it is used in the performance of their official duties. The exception is information obtained through DL and IRS. This data cannot be released.
SRS staff who are provided CSE information which is protected are also governed by the same confidentiality rules and must safeguard the information appropriately.
The person/department requesting information must be informed if there is a protection from abuse order in place or a known abusive situation.
Other State and Federal Agencies
Information, except what is protected by law or regulation, may be shared with other State and Federal Agencies as long as the purpose is within the administration of the CSE Program.
For example, we could provide SSA with paternity information regarding a deceased parent in order to determine eligibility for SSA benefits.
If the purpose is not within the scope of the CSE program, a written authorization for disclosure from the CP or NCP is required.
1640.9 Release of Health Insurance Information
It is within the administration of the program to supply employers with information necessary for the child to be added to health insurance coverage. When providing an address, city and county are often required. However, caution is warranted in supplying even the city and county information if there is a protection from abuse order or known abusive situation.
The address of the CP should not be released without the consent of the CP.
1640.10 Obtaining Information about a Third Party
CSE use of interfaces such as credit bureau, drivers license and birth records is limited to those actions that are within the administration of the CSE Program (this may include locating CP/caretaker relative). These records are not to be used for any other purpose.
Obtaining information on individuals not associated with a CSE case for any purpose outside the administration of the CSE program would constitute a fraudulent use of resources. Misuse of this information by an employee could result in disciplinary action or possible criminal liability.
Credit agency inquiry (see KCSEM 5270 - Credit Agency) may not be used for anyone other than the NCP since a credit record is generated by the inquiry.
Birth record inquiry (see KCSEM 3340 - Bureau of Vital Statistics) is limited to questions regarding paternity of children covered by the program.
Questionable situations should be cleared by the regional CSE Attorney II.
1640.11 Family Violence/Protection from Abuse
It is the policy of CSE to protect potential victims of domestic violence or child abuse by not disclosing their whereabouts and by notifying the Secretary of the U.S. Department of Health and Human Services (HHS) of the potential for domestic violence or child abuse per sections 453(b)(2) and 454(26) of the Social Security Act, as amended by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996.
When it is needed, a Family Violence Indicator (FVI) is set by CSE that puts special limits on KAECSES for that person. The FVI must be set if:
- There is a Protection from Abuse (PFA) order
- The EES worker has decided there is good cause for the person not to cooperate with CSE or
- There is potential for physical or mental harm to the child or to the custodial parent
- The potential for physical or mental harm must be verified by the individual's statement and one piece of corroborating evidence. Such "corroborating evidence" may be physical evidence of domestic violence, a copy of the police report or a notarized statement from any other individual who has knowledge of the circumstances.
During the time a FVI is in place, no CSE work that will reveal the whereabouts of the potential victim may be done. CSE will do any work needed on the case that does not reveal the person's location, however.
If there is evidence that the FVI is no longer necessary or appropriate, CSE will notify the person who is the potential victim by mail, offering them an opportunity to provide evidence to support retaining the indicator. If the potential victim does not reply, or does not provide convincing evidence and has been so advised, the FVI shall be removed.
1700 COMPLAINTS AND ADMINISTRATIVE APPEALS
CSE staff and contractors are to provide explanations of actions and attempt to resolve misunderstandings and controversies. If such efforts by local staff fail to resolve the dispute, and the applicant, recipient, etc., remains dissatisfied, (s)he can exercise his/her rights to appeal.
Any person who is an applicant, recipient or taxpayer may appeal any decision or final action of any agent or employee of the Secretary of SRS. A request for a formal appeal must be made in writing and that request is to be sent immediately to the Office of Administrative Hearings (OAH), as a thirty (30) day time frame applies. Although the use of the Request for Administrative Hearing form is not required, forms are available at the Department of Administration’s Office of Administrative Appeals web site at http://da.state.ks.us/hearings/forms.htm.
If received in writing, requests for appeal will be submitted to the Office of Administrative Hearings (OAH) for appropriate action. Should the appellant later decide to withdraw his/her appeal, the withdrawal must be submitted to OAH in writing.
Note: The Administrative Hearing Officer does not have the authority to challenge or change any decisions made by the court (such as arrearage under a court order, or to modify any custody or visitation orders). See the following KCSEM sections for more information in regard to the specific appeals:
Federal Debt Setoff/Treasury Offset Section 5210.13 State Setoff and UI Setoff Section 5220.3 The appellant, or representative of the appellant, will have adequate opportunity to:
- Appeal any agency action by requesting an Administrative Hearing document to complete and return.
- Examine all documents and records to be used by the agency at the hearing at a reasonable time before the date of the hearing as well as during the hearing
- Present his/her case (by himself/herself, his/her authorized representative and witnesses)
- Establish all pertinent facts and circumstances and advance any pertinent arguments without undue interference
- Question or refute any testimony or evidence
- Withdraw the request for appeal at any time
1720 RESPONSIBILITIES OF THE LOCAL OFFICE
Every applicant/recipient will be informed of the right to a fair hearing and the method of obtaining such hearing.
Immediately upon receipt of notice an appeal was received, the CSE Collection Officer will review the agency action. Upon reconsideration, the agency may amend or change its decision at any period before or during the hearing. However, this hearing will not be delayed or canceled due to the preliminary review.
The CSE Collection Officer will gather and submit documentation to the Office of Administrative Hearings.
Appropriate CSE staff will represent the agency at the appeal hearing.
In Non-TAF cases, the CP/caretaker relative is to be advised of the time and place of the hearing so they may attend if they wish.
CSE staff will promptly implement the decisions of an appeal hearing.
1730 LOCATION AND FORMAT FOR APPEAL HEARINGS
All appeal hearings are held in Topeka, however, parties may participate via conference telephone call. A written request for a hearing by conference call must be received by the hearing officer at least three (3) days prior to the scheduled hearing. The request should include:
Names of persons who will be testifying
- Name of the SRS attorney (if one will participate)
- Telephone number(s) at which each person may be reached
Appeal hearings are to be conducted as informally as possible to insure the appellant has an opportunity to verbalize full and complete statements of his/her situation.
The Hearing Officer will advise the appellant and the respondent of the procedures to be followed in conducting the hearing and will make a preliminary statement of the issues to be presented as shown on the summary of the appellant. The appellant, his/her representatives and the representatives of the agency are then provided a full opportunity to present facts or evidence relevant to these issues and to offer documents and records for incorporation into the record of the hearing. Complete and concise evidence should be presented at the hearing, as the decision will be based on the evidence presented, together with such documents and other materials which the appellant and the local office examined at the time of the hearing, and which were introduced into the record.
Following such presentation, the appellant and the agency representatives are given opportunity to examine all evidence submitted and may offer testimony in rebuttal, advance any arguments without undue interference, and if desired, question any witness. The Hearing Officer may receive any documents or evidence to be incorporated into the record, which in his/her judgment, appear to be reasonably related to the issues involved and may have value in determining facts.
Both the appellant and the local CSE office will be notified of the appeal decision and the right to appeal to the State Appeals Committee within fifteen (15) days from the date of the decision. All state appeal hearing decisions shall be accessible to the public (subject to the provisions of safeguarding confidential information).
The decision of the Hearing Officer shall be implemented promptly if CSE is not appealing to the State Appeals Committee.
The appellant will be notified of his/her right to judicial review pursuant to KSA 75-3306, as amended, to the extent it is available to him/her.
