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SECTION 2
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2000 INTRODUCTION TO CHILD SUPPORT ENFORCEMENT (CSE)
The Child Support Enforcement (CSE) process involves the coordinated efforts of program personnel assigned to the CSE unit, legal personnel available to the CSE unit, Children and Family Service (CFS) staff, Economic Employment Support (EES) staff, Healthcare Policy Staff (Healthwave) and the program participant.
For the program to be effective in reaching the stated goals, systematic procedures must be followed based upon a thorough understanding of program requirements. This section discusses the policy requirements of the program with respect to maintenance of a case record, performance of casework duties, as well as interaction with prosecuting attorneys, courts, court trustees and other pertinent partners. Both CSE and CSE contractors are bound by these requirements.
This section details requirements imposed upon the participant with respect to cooperation with(CSE) staff as well as an introduction to the respective roles of CSE staff, Children and Family Services (CFS) staff and Economic Employment Support (EES) staff for the efficient operation of the program.
2100 CHILD SUPPORT ENFORCEMENT (CSE) CASE RECORD
A case record will be established and maintained in the Kansas Automated Eligibility and Child Support Enforcement System (KAECSES). A paper file must also be established if there are appropriate paper documents to be maintained. The electronic file should document the case plans and activities involved with this case.
Both CSE and contract staff are responsible for maintaining the case record.
A separate case is to be set up for each Non Custodial Parent (NCP) named by the TAF and/or Non-TAF participant, unless there are multiple alleged fathers. The information for each alleged father for a child should be included within the same case file and under the same case number. All should be assigned as an NCP to the KAECSES case and a separate paper file can be maintained for each person.
If there exists both a legal and biological father, the case file must be established in the legal father’s name. Information regarding the biological father can be included in the legal father’s file.
Each CSE case is assigned a unique number to identify each non-custodial parent(s) (NCP), custodial parent (CP), child(ren) relationship with respect to whom CSE services are being provided. These numbers will remain unique to the case and the individuals.
In foster care cases, the State of Kansas is the custodial parent (CP). In Juvenile Justice Authority (JJA) cases, JJA is designated as the CP unless otherwise stated.
2130 DISPOSITION OF OBSOLETE MATERIAL
The IV-D agency must retain all records for closed cases for a minimum of seven (7) years (or longer if an audit is in process) following the effective date of closure.
2200 CHILD SUPPORT ENFORCEMENT (CSE) STAFF DUTIES
CSE service providers are responsible for customer service by:
- Assisting the CP and NCP in understanding the roles and responsibilities of each of the parties involved
- Gathering and maintaining necessary information and case records (including information on health/medical insurance)
- Locating NCPs, their employment, and assets
- Establishing paternity, and establishing and modifying child and medical support orders by administrative and or judicial actions
- Monitoring and enforcing payment of support by administrative or judicial
means2210 INITIAL PARTICIPANT INTERACTION
The CSE service provider must ensure the participant thoroughly understands what is expected from him/her during the course of the CSE process. The CSE service provider must communicate, either in writing or in person, an explanation of the role of the agency in receiving child support and the TAF caretaker relative’s obligation to bring to the agency all child support directly received.
Although face-to-face interviews with the CP are not required, CSE does require certain forms to be completed by the CP. If necessary, the CSE service provider should assist the CP in recalling or securing missing required information. The CP/caretaker relative may also be required to complete the paternity questionnaire if paternity has not previously been established.
2220 LOCATING NON-CUSTODIAL PARENTS (NCP)
The CSE Collection Officer is responsible for locating the NCP. The search begins with information obtained from the CP. The process is a combination of automated and manual effort. KAECSES continually seeks new location information through automated interfaces and advises the CSE service provider of the results.
The CSE service provider is responsible for entering available data so that KAECSES can complete the automated search process, referring the case to the Federal Parent Locator Service (FPLS) as necessary, as well as conducting a manual search of local resources (i.e. drivers license, credit bureau, etc).
For more details regarding location, see KCSEM Section 3 - Information Gathering.
The process of identifying cases which require paternity establishment begins at intake. Emphasis must be placed on initial screening to ensure that the data gathered is as complete as possible. This includes follow-up on information provided and participant interviews as needed. Once a case has been assessed, it must be set for review. All open paternity cases will be subject to review at least annually, until paternity is established or the case is deemed eligible for closure.
Within ninety (90) calendar days of locating the alleged father or NCP, regardless of whether paternity has been established, the service provider should establish an order for support or complete service of process necessary to commence proceedings to establish a support order and, if necessary, paternity (or document unsuccessful attempts to serve process).
Whether support can be established at the present time, paternity must still be established.
For more details regarding paternity establishment, see KCSEM 4200.
2240 SUPPORT PLANNING WITH NON-CUSTODIAL PARENTS (NCP)
2240.1 Planning With Non-Custodial Parents Who Have Existing Orders If the NCP is not paying the court ordered support, and/or maintaining health insurance coverage, an attempt should be made to gain a commitment as to when he/she will begin meeting their obligation (emphasis should be on the payment being made within ten [10] days and/or obtaining available Health Insurance within thirty [30] days). The NCP is responsible for paying the amount ordered by the court.
2240.2 Planning With Non-Custodial Parents Who Do Not Have Orders When the NCP is not under court order to pay child
support or to provide medical support, the Collection Officer, in conjunction with the SRS attorney, may attempt to secure an agreed order to pay support or may refer the case to an SRS attorney or IV-D Contractor for legal action. When the Collection Officer contacts the NCP, part of the contact process is to determine the amount of child support to be paid. The Collection Officer and the NCP should assess the ability of the NCP to pay. The NCP may be required to complete a Domestic Relations Affidavit (DRA). If the NCP refuses to cooperate, the case should be referred for legal action to establish support obligation.
For more details regarding support establishment and enforcement, see KCSEM Section 4 and Section 5.
When determined appropriate, CSE staff will promptly refer the case to CSE or contracted legal staff for legal establishment or enforcement action. The referral shall be made according to contractual agreements and locally established policies and procedures.
Once referred, CSE staff will seek to:
- Assure continuity between the contractor/staff attorney, NCP, CP, and any additional attorneys involved,
- Be responsive to legal staff requests and inquiries, and
- Be responsible for continuing caseload management and monitoring.
2260 SYSTEMATIC MONITORING AND REVIEW
Federal regulations require case monitoring be done periodically. The
Collection Officer is responsible for monitoring the case on a regular basis. The KAECSES system assists the Collection Officer by providing a variety of alerts and notifications when conditions warrant attention.
In addition, the State of Kansas requires reviews annually. The annual review is separate and apart from ongoing casework. It must be completed, even if there is current narration on the case.
The primary purpose for case reviews is to ensure that every case (especially those needing special attention) remain in the workflow and to promote continuity and efficiency of CSE services.
During each program review:
- The current case plan should be assessed
- All current applicable issues should be narrated and
- A future case plan should be developed or continued
Legal Staff and Enforcement Contractor Case Reviews
Legal staff and enforcement contractors have active legal actions which drive their referred caseload and must maintain a monitoring system to help ensure that all actions are within federal compliance time frames. This monitoring system is activity driven and monitors all legal actions currently in progress. Monitoring is still required, for example,, in a case in which payments are regularly being made per court order. In this instance the payment itself becomes the monitored activity.
When no activity occurs to be monitored, legal staff must ensure that case progress is appropriately continuing and that all necessary actions are initiated. This type of case must be reviewed annually.
All annual reviews by legal staff and/or contractors must be documented on KAECSES narrative and specified as such.
The annual review serves to ensure that such cases remain in the workflow and that annual review becomes the monitored legal activity until actual legal actions commence.
2270 SERVICE AREA ASSIGNMENT AND CASE TRANSFER
CSE conforms to SRS’s policy of Universal Access which indicates that the service center which provides benefits and services is based on what best meets the needs of the customer, even if the service center is outside the county and/or area where they reside. None the less, there are events that may require case transfer assessment. These include when the Custodial Parent (CP) moves from the vicinity of the service center currently providing service, or requests a transfer.
When a CP moves from Kansas, a contact should be made regarding the status of the case. If the CP so chooses, the case must remain open (provided the CP does not open a TAF case in the other state). If a IV-D case opens in another state, and they request the Kansas case be closed, the Non-TAF portion must be closed, although Kansas may continue to pursue permanently assigned arrears.
If the CP moves within the State of Kansas or requests transfer to another service center, the Collection Officer and the participant shall make a joint assessment as to which office is most suited to provide the best service, so the customer can make an informed decision. This may mean that the case record can be transferred immediately, retained temporarily due to activity in progress, or retained indefinitely. CSE Program Administrators will be involved in any questionable situation.
Consent must be obtained from the CP and documented in the case record prior to transferring.
2270.21 Case Transfer Responsibilities
Once it has been decided to transfer a case, it will be the transferring unit’s responsibility to review and update case information, notify appropriate parties of the transfer, mail any paper files to the receiving unit.It is the receiving unit’s responsibility to review the file when received, confirm or modify the case plan and request transfer of the legal file, if appropriate.
2280 NON COOPERATION AND GOOD CAUSE CASES
If the CP and/or caretaker relative does not cooperate in establishing or enforcing support (KCSEM 1360.1), the Collection Officer must make two (2) attempts to contact the CP and/or caretaker relative and obtain cooperation. The two (2) attempts to contact the customer may be via telephone, personal interview or mail. At least one (1) of the contacts should be by letter indicating the penalties involved for non-cooperation.
If a mandated participant illustrates to the Collection Officer that they do not intend to cooperate, even after being informed of the possible penalties, the Collection Officer will refer the matter to the EES Unit.
The Collection Officer must document non-cooperation and the attempts to secure compliance on KAECSES.
Non-Cooperation penalties apply only to Mandatory Public Assistance Programs. See KCSEM 1320.See KCSEM 6400 in regard to recovery of retained support and overpayments.
CSE has the following responsibilities on good cause cases:
An individual CSE case is established from referrals that indicate good cause. The good cause indicator should be completed, pending the determination of good cause.
CSE or IV-D Contractor staff cannot perform any CSE activity, with the following exceptions in regard to support:
- A Notice of Assignment (NOA) may be filed with the clerk of court as long as a copy is not sent to the NCP
- The CP may be notified of his/her responsibility to turn in all support received to SRS
If it is determined good cause does not exist, the good cause indicator should be lifted and CSE activity will then proceed.
If the recipient indicates to CSE staff he/she has good cause for refusing to cooperate, CSE staff must notify EES of that claim. Staff should provide EES with the client’s claim and await the determination of EES regarding said claim. Case narrative must be completed and all CSE activities must be immediately postponed.
If the case is referred to an SRS attorney or a IV-D Contractor, CSE is responsible for immediately notifying whomever the case is referred (either in writing or electronically) that good cause has been claimed. CSE is prohibited from engaging in any further activity on this case.
If the TAF client makes his/her claim of good cause prior to the filing of the Notice of Assignment (NOA), the NOA may be filed, or the client must be notified of the obligation to abide by the terms of the assignment. If, however, the NOA has been filed prior to the good cause claim, the assignment need not be terminated.
If EES determines the recipient has good cause for refusing to cooperate, it should be documented where appropriate, and the case should be closed.
If EES determines that good cause does not exist, the CSE case should be reactivated and pursued according to the case plan.
2400 COORDINATION WITH ECONOMIC AND EMPLOYMENT SUPPORT (EES)
Since Economic Employment Support (EES) is the source of referral for NCPs on TAF cases and because Child Support Enforcement (CSE) is dependent upon EES for information concerning changes in family eligibility, open lines of communication must be maintained between the programs.
Contact between the units is likely at numerous points in the history of a case, such as EES case openings, current support exceeding the grant, claims of good cause or non-cooperation. The KAECSES system contains built-in interfaces that automatically handle change notification in most instances.
The following sections outline EES and CSE responsibilities with respect to coordination between units.
2410 ECONOMIC AND EMPLOYMENT SUPPORT (EES) REFERRAL TO CHILD SUPPORT ENFORCEMENT (CSE) When there is a new TAF case opening, EES is responsible for making a referral to CSE within two (2) working days of the certification for payment. When a child is added to an open TAF case based upon the absence of a parent(s), CSE is to receive a complete referral on each new NCP. A CSE case is to be established upon receipt of an EES referral.
2410.1 Public Assistance Programs Requiring a CSE Referral
EES determines which cases are appropriate to refer to CSE as set forth in the Kansas Economic and Employment Support Manual (KEESM). The EES/CSE combined computer system, KAECSES, has been programmed to automatically refer certain public assistance cases to CSE as EES completes the required data entry processes.
Cases are referred from the following public assistance programs:
- AF (Assistance to families)
- FC (Foster Care)
- CC (Child Care)
- MA-CM (Medical Assistance Categorical Medical)
For purposes of referral, a deceased parent is considered absent.
If a child is living with a relative of the putative father and paternity has not been established, a child cannot be considered to be living with a specified relative of proven degree. Such relationships can only be established after a determination of paternity has been made. For paternity to be considered established, two (2) factors must exist:
- The mother must make an allegation of paternity and name the putative father.
- The putative father must voluntarily acknowledge paternity in writing or paternity must have been determined by court action.
If TAF cases are referred to CSE and through investigation information regarding the establishment of paternity is discovered which conflicts with the information previously provided by or to EES, CSE must notify EES so that reassessment of TAF eligibility can be made.
When making TAF eligibility decisions in joint custody situations, EES will consider physical possession of the child rather than legal custody. If a CP/caretaker relative applying for TAF has physical possession of the child more than half of the month, parental deprivation does exist due to the absence of the NCP.
2410.2 Content of EES Referral
An appropriate referral will consist of the following information:
- Caretaker’s name and address
- Case number
- NCP’s name and address (if known)
- Children’s names, individual numbers and dates of birth
- Relationship of caretaker to children
2420 NOTIFICATION OF CLOSURES, ADDITIONS/REMOVALS AND INTER-COUNTY TRANSFERS The CSE Unit will be notified by EES of multiple types of case changes such as:
- Closures
- Individuals added or removed
- Inter-county transfers
These changes will generate an automated alert to the assigned case Service Provider.
2430 SHARING SUPPORT INFORMATION WITH ECONOMIC AND EMPLOYMENT SERVICES (EES) Since child support received on behalf of TAF recipients is a factor in determining eligibility for TAF, CSE is responsible for providing current child support payment information to EES. This information is transmitted automatically via KAECSES. The EES Service Provider has access to KAECSES and/or the KPC website to confirm this information.
In cases where support is being paid directly by the NCP to the CP and/or caretaker relative and no court order exists, EES is responsible for recovery. As a courtesy, CSE should provide this information to EES.
2440 NON-CUSTODIAL PARENT JOB/FINANCIAL PROJECT
CSE periodically participates in local or statewide projects that provide job support, fatherhood/parenting support, or financial management services to Non-Custodial parents. This section will be updated as projects are developed.
EES Quality Assurance (QA) must attempt contact with the NCP related to a TAF case to discuss child support paid and medical insurance coverage provided by the NCP(s). QA Reviewers may contact CSE staff for NCP addresses or collateral information. If the QA Reviewer needs CSE case file information not available on KAECSES, copies of the appropriate information may be provided to the QA Reviewer. CSE files are reviewed in conjunction with EES to determine program communication and reporting requirements are met.
2500 COORDINATION WITH CHILDREN AND FAMILY SERVICES (CFS) AND JUVENILE JUSTICE AUTHORITY (JJA) 2510 REFERRAL TO CHILDREN AND FAMILY SERVICE (CFS)
When a CSE Service Provider encounters a situation where counseling and supportive casework services is needed for a CSE family member, a notification should be given to the appropriate CFS Worker.
If a CSE Service Provider receives a complaint of child abuse or neglect, the complainant should be referred to the Protective Service Unit. If the CSE Service Provider has witnessed or suspects abuse or neglect, notification should be sent to Protective Services specifically stating the facts as known.
2520 FOSTER CARE (FC) CASE COORDINATION
CSE is responsible for support establishment and enforcement functions of Foster Care cases. Children & Family Service (CFS) staff will refer appropriate cases to the CSE Unit. It is not CFS policy to make a CSE referral for special needs children coming into foster care from the home of adoptive parents who adopted through SRS.
Federal regulation, State law and Agency policy require that CSE pursue recovery of reasonable costs of care for foster children in out-of-home placements, including the costs incurred for children removed from the home of a parent and placed with a relative. CSE services are based on requiring that the legal/financial responsibility be upheld.
Information regarding the CSE Program is contained in the CSE Handbook, which is provided to parents whenever a child is removed.
2520.1 Child Placed With RelativeRelatives who have a foster care child placed in their homes have a choice regarding the benefit they receive for the foster care child.
- Be reimbursed by the foster care contractor
- Apply for and receive TAF payments for the child by meeting the requirements of the TAF program
- Accept the placement of a child without reimbursement or eligibility for TAF
Regardless of the option chosen, CSE will provide the full range of establishment and enforcement services against the parents.
If paternity has not been established, then paternity actions will be pursued.
If a support order has not been established, the focus of the CSE Collection Officer will be to establish an order, and the URA rules apply.
If an order does exist, the rights to child support are automatically assigned to the state and enforcement services shall be provided.
2520.2 Child Returned to Home of Parents
CSE will not seek to collect child support or obtain judgment for any month the child is placed with both parents. If the child is placed with one parent, CSE may still pursue the other parent if FC is still open.
The foster care child who is placed back in the home of a parent may continue receiving CSE services. How those services are offered depends on the situation prior to becoming active in the FC program.If the child is returned to a parent who has an open TAF or Non-TAF case, the child should be added back on the case.
If the child was the only child on a Non-TAF case prior to entering foster care and returns to the home of the Non-TAF CP, the child can continue to be served without requiring a new application.
If the child is placed with a single parent and has not previously had CSE services, a Non-TAF packet offering Non-TAF services should be sent to that parent once the child has been released from SRS custody. If no response is received, CSE will pursue the NCP for only those arrears that accrued during the months the child was in SRS custody.
2520.3 FC Child Receipt of Social Security Benefits
When a child in SRS custody and in an out-of-home placement receives Social Security benefits as a result of the disability or retirement of a parent, those benefits are redirected to CSE to be credited as current child support.
This is true whether a relative, with whom the child lives, receives TAF or seeks reimbursement through the FC program. If the relative contacts Social Security to request benefits be redirected to them during the time a child is still in a foster care out-of-home placement, CFS will not contest the change of payee. If the payee is changed and the child receives direct payments of Social Security Disability or Social Security Retirement benefits on behalf of a parent, adjustment for those payments must be made on the SRS’s computer system.
SSA death benefits should be received and distributed by CFS. Death benefits are not credited against child support.
2530 COORDINATION WITH JUVENILE JUSTICE AUTHORITY (JJA)
JJA has responsibility for the care, custody and control of juvenile offenders. The support rights for these children are assigned to the Commissioner (KSA 38-16,127).
The Secretary of SRS and the Commissioner of JJA entered an agreement that CSE will provide services to JJA, thus allowing JJA to fulfill their statutory responsibility to pursue child support on behalf of children and obtain reimbursement from parents for a portion of the State’s cost.
2530.1 JJA Custody – Placement & CSE Services
SRS will provide CSE services upon request for any child in JJA custody. The following placement choices offer different options:
- Community Case Management Agency (CCMA) Supervision
Some of the juvenile offenders supervised in the community by a Community Case Management Agency (CCMA) are entitled to a medical card from SRS and an electronic referral will be sent to CSE if eligibility is established.
- Juvenile Correctional Facilities (JCF)
Other children in JJA custody are placed in one of four Juvenile Correctional Facilities (JCF) and CSE will provide services to all children in a JCF. This will be done by a continuation of service from existing CSE cases, or upon request of the JJA. Children placed in a JCF are not entitled to a medical card. Thus, no electronic referral to CSE is generated.
- Local Detention Facility
Children in JJA custody may be temporarily housed in a local detention facility awaiting placement in a JCF, CCMA or due to a new crime being committed. Juvenile offenders in these situations are still eligible for CSE services.
CSE will not pursue parents for child support for duplicate time frames, if the local detention center is pursuing reimbursement for the time the child was in detention.
- In Home of a Parent
If the juvenile offender continues to reside with a parent during the time of JJA custody, CSE will enforce the full amount of the child support order on behalf of the CP. JJA has the assignment of support and may request CSE provide these services.2530.2 Child Leaves JJA Custody
Continuing service will be provided automatically when:
- A child leaves JJA custody and
- Returns to the home of a CP or caretaker relative who was receiving CSE services on behalf of the child during JJA custody and
- There was an existing case at the time the child entered custody
An application for Non-TAF services and accompanying documents will be sent to the CP or caretaker relative if there was not a previous CSE case.
2530.3 Social Security and JJA Custody
Social Security and other Federal benefits will be redirected to JJA unless the child is with a parent or relative who had previously applied to Social Security to direct benefits to them.
As CSE learns of such benefits, they are to communicate this information to the CCMA. Any benefits currently being received by CSE on behalf of a child who enters JJA custody will be retained and posted to the case until alternate directions are received by CSE.
If Social Security benefits are being received based on disability of the NCP and there are no other financial resources, CSE will discuss the feasibility of closing the case with the CCMA. The basis for this decision and resulting discussion with the CCMA should be documented in the CSE case.
2540 COORDINATION WITH MENTAL HEALTH AND RETARDATION SERVICES (MHRS By agreement with MHRS, CSE will be responsible to establish and enforce child and medical support for children who enter State MHRS Institutions. Collections made on support owed during the time the child is in the institution are to be sent to the institution as reimbursement for the cost of care. These policies apply only to MHRS institutions and should not be confused with foster care facilities or youth centers not administered by MHRS
For the most part, these children are entering the institution from a foster care placement or from a family which is receiving CSE services. The CSE office handling the case is responsible for continuing to work these cases.
In addition, reimbursement officers or other MHRS designated staff may complete applications for other children for whom MHRS deems it advisable to pursue support. The CSE office whose territory includes the institutions will be responsible for new applications from that facility.MHRS has the statutory authority to establish a “parental obligation” for payment of services, an authority which goes beyond basic child support. It is similar to the right a regular hospital has to bill parents for services. The MHRS institution has discretion to establish a child support order, to establish a parental obligation, or to do both. MHRS staff are responsible for establishing any MHRS parental obligation above and beyond the child support obligation. If an MHRS parental obligation has already been established, that fact should be clearly noted on the application for CSE services. CSE staff have no responsibility in establishing or enforcing parental obligations set up by MHRS staff.
2600 COOPERATION WITH OTHERS WORKING WITH IV-D AGENCIES
In order to be successful in promoting parental responsibility and efficiently utilizing limited resources, the CSE program must work closely with other entities both in Kansas and elsewhere.
2610 INTERSTATE AND FOREIGN COOPERATION
Kansas, in addition to all states and American territories who benefit from aid in administering IV-D programs, must comply with federal rules which govern cooperation among states. Reciprocal agreements exist among states to assist in fulfilling the functions of IV-D services between states. All operate under the premise that standardized service and assistance should be provided across state lines.
Any request for IV-D program services by a federally declared foreign reciprocating country or a foreign country with which Kansas has an arrangement for reciprocal child support services will be treated as a request by another State.
2610.1 Incoming Interstate Cases
The CSE Program is responsible for assisting other states in:
- Locating NCPs
- Establishing paternity
- Establishing or enforcing a support obligation
- Any other function requested (which falls within the IV-D program)
2610.11 Central Registry Responsibilities
Federal regulations require each state to establish a central registry to expedite the handling of incoming interstate IV-D cases. The Interstate Child Support Enforcement (ICSE) Unit, located in CSE Central Office, has been designated as the Kansas Central Registry for incoming interstate cases under Title IV-D.
Within ten (10) working days of receiving an incoming interstate case, Central Registry must:
- Review the documentation submitted for completeness
- Acknowledge receipt of the case and request any additional documents or information needed
- Refer for location services if information provided by the initiating state is not verified
- Forward the case for any action which can be taken, including certification for State Debt Setoff (if appropriate), even while awaiting information from the initiating state
- Inform the IV-D agency in the initiating state where the case was sent for action.
Within five (5) working days the Central Registry must respond to requests for a case status review from the other state.
2610.12 Additional Responsibilities
The interstate case is subject to the same casework requirements of an in-state case. In addition, whether the case is still with Central Registry, field staff or a contractor, the following is required:
- Within ten (10) working days of locating the NCP in a different state, notify the initiating state of the new location and any action which can still be taken. Follow the initiating state’s instructions to continue service, forward the referral to the new state’s Central Registry, or close. If no instructions are received, return the request form and the documentation to the initiating state
- Within ten (10) working days of receiving new information on a case, notify the initiating state
Within seventy-five (75) calendar days of receipt of a referral, the service provider must:
- Notify the IV-D agency in the initiating state of any needed additions or corrections to the transmittal form. Process the IV-D case to the extent possible, pending necessary action by the initiating state
- Provide location services
- Provide the initiating state with timely advance notice of any formal hearings which may result in establishment or adjustment of an order
For more information regarding incoming interstate cases, see:
2610.2 Outgoing Interstate Cases
In accordance with local procedures, CSE staff and/or IV-D attorneys are responsible for identifying Kansas IV-D cases in which requesting the assistance of another state in establishment or enforcement action is appropriate. Once identified, these cases are to be referred timely to the Central Registry of the responding state.
If the responding state requests additional information, CSE staff and/or IV-D attorneys are responsible for responding to the request within thirty (30) days of receipt. If additional time is needed for compliance, a response should note the expected compliance date.
If new information about a case is received, the IV-D attorney or CSE service provider is responsible for transmitting the information to the responding state within ten (10) days of receipt.
The IV-D attorney or CSE service provider is responsible for contacting the responding state for a status update if a case is not in payment status and ninety (90) days have passed since the last contact with that responding state.
For more information regarding outgoing interstate cases see:
2620 COOPERATION WITH KANSAS AND OUT-OF-STATE COURTS
The efficient operation of the CSE Program depends upon the development and maintenance of effective working relationships between the State Department of Social and Rehabilitation Services (SRS), local and out-of-state courts.
The Office of Judicial Administration (OJA) partnered with CSE in establishing and maintaining the Kansas Payment Center, and directing all child support payments to the KPC. On a continuing basis, OJA staff provide a liaison with the Clerks of Court (CDC) to assist in maintaining the KPC database by providing notice of new court orders and updating order information.
The Clerk of Court is the official keeper of the court record. If support ordered by a Kansas court is assigned to the Secretary of SRS, the court of jurisdiction must be notified so that CSE is made aware of any action regarding the court order. The notice must be filed within thirty (30) days of awareness of the existence of a support obligation. Notice of any change in the assignment must also be sent to the CDC.
2620.12 Notice of Partial Termination
2620.13 Notice of Termination of Assignment
2620.14 Notice of Change of Address and/or Change of IV-D Status If support ordered by an out-of-state court is assigned to SRS, a letter of notification must be sent to the appropriate court in which the support order is filed. A copy of this material should be maintained in the CSE case file. Notice of any change in the assignment must also be sent to the out-of-state court and that state’s payment center in order to ensure proper redirection of payments to the Kansas Pay Center.
2620.21 Notice of Assignment (Non-Kansas)
2620.22 Notice of Partial Termination (Non-Kansas)
2620.23 Notice of Termination of Assignment (Non-Kansas)
2620.24 Notice of Change of Address and/or Change in IV-D Status (Non-Kansas) 2630 COOPERATION WITH EXTERNAL ENFORCEMENT RESOURCES
The efficient operation of the CSE Program depends upon the development and maintenance of effective working relationships between the State Department of Social and Rehabilitation Services (SRS) and other enforcement resources.
CSE has contracted with certain County Attorneys, Court Trustees, private attorneys and private corporations to provide legal enforcement services in various judicial districts. CSE will share appropriate information which allows the contractor to act in the agency’s behalf. Contractor staff are subject to the same confidentiality and data security requirements as CSE staff.
The CSE Collection Officer and Contractor should always coordinate activities. This will assure appropriate actions are taken, and information is complete and accurate prior to proceeding.
2630.11 Referrals to Contract Staff
Once a case is referred to an enforcement contractor, CSE staff will remain responsible for overall case management and will support the enforcement contractor, as requested, by:
- Providing location services
- Providing arrearage calculations
- Participating in modification reviews
- Encouraging CP/caretaker relative cooperation
Requests for withdrawal of a contractor referral must be coordinated with local CSE Management. If CSE exercised the right to request return of any referral from the Contractor, no further action will be taken by the Contractor when returning the case unless otherwise instructed by CSE.
2630.2 Non-CSE Enforcers (Private Attorneys, Prosecutors, Court Trustees and Collection Agencies) While it is the right of a CP to retain private counsel or a private collection agency, this does not relieve CSE from requirements for providing service. It is the position of the CSE program to leave the IV-D case open, continue to provide and/or coordinate appropriate services, continue to send all notices and appropriate collections to the CP. Cooperation does not include changing addresses nor redirecting payments to anyone other than the CP. This plan allows the CP to potentially have the benefit of both agencies, and would avoid any possibility of the private agency improperly taking a fee from DSO collections.
As OCSE has determined private agencies do not fall within the federal definition of entities to whom confidential or privileged information may be released, no information can be provided which would not be considered public record, subject to disclosure under state law.
This policy does not commit the agency to expanding services just to accommodate the private entity. Staff will not be expected to create arrearage calculations, documents or information because of the entity’s request.
This also does not change the CP requirement to cooperate with CSE. Failure of a CP to cooperate, or loss of contact with a CP will continue to be reasons for case closure.
2700 NOTIFICATION TO THE COURT OR KANSAS PAYMENT CENTER (KPC)
The CSE Unit is responsible for notifying the court of jurisdiction and/or KPC regarding the support assignment status. Therefore, all interested parties will be aware of the involvement of CSE. An NOA must be filed within thirty (30) days of the existence of a support obligation to the Clerk of Court which has jurisdiction.
When the assignment is to be partially or fully terminated, the Clerk of Court of jurisdiction and/or KPC shall be notified of the effective date.
