††††† RELATES TO: KRS 205.705, 205.710-205.800, 205.992, 213.046(4), 403.211, 405.430(5), 405.520, 405.467, 406.021, 406.025, 407.5101-407.5903, 610.170, 45 C.F.R. 301.1, 302.30, 302.31, 302.33-302.36, 302.50, 302.65, 302.80, 303.2, 303.3-303.15, 303.30-303.31, 303.69, 303.70, 42 U.S.C. 651-654, 657, 663, 666
††††† STATUTORY AUTHORITY: KRS 194A.050(1), 205.795, 405.520
††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 194A.050 (1), 205.795, and 405.520 authorize the secretary of the Cabinet for Health and Family Services to promulgate administrative regulations to operate the Child Support Enforcement Program (CSEP) in accordance with federal law and regulations. 45 C.F.R. 303.2 requires the child support application process to be accessible to the public. This administrative regulation specifies the process by which an individual may apply for child support services, the scope of services available, and the process for an intergovernmental case.
††††† Section 1. Child Support Enforcement Case Types. (1) Kentucky Transitional Assistance Program (K-TAP) or Kinship Care.
††††† (a)1. An applicant for, or recipient of, K-TAP or Kinship Care shall make an assignment of rights to the state for support that the applicant or recipient may have from any other person in accordance with KRS 205.720(1) and 921 KAR 2:006.
††††† 2. The assignment shall:
††††† a. Include members of the case for whom support rights apply; and
††††† b. Be completed when applying for K-TAP or Kinship Care benefits using the application form incorporated by reference in 921 KAR 2:040.
††††† (b) An applicant or recipient shall cooperate in all phases of child support activity that shall, if known, include:
††††† 1. The name of the noncustodial parent or obligor;
††††† 2. The Social Security number of the noncustodial parent or obligor;
††††† 3. Information to assist in the:
††††† a. Location of the noncustodial parent or obligor;
††††† b. Enforcement of a child support order; or
††††† c. Review or modification of a child support order;
††††† 4. Establishment of:
††††† a. Paternity, if paternity has not been established; and
††††† b. An assigned support obligation;
††††† 5. Enforcement of:
††††† a. An assigned support obligation; and
††††† b. A spousal support order if the cabinet is collecting for a child who resides with the spouse or former spouse; and
††††† 6. Forwarding any child support payment received to the cabinetís centralized collection unit.
††††† (2) Foster Care.
††††† (a) The CSEP shall collect and disburse child support on behalf of a child for whom:
††††† 1. The state is making a foster care maintenance payment as required by 42 U.S.C. 657 and an assignment of rights has been made; or
††††† 2. The cabinet has custody, and there is an order for the childís parent or parents to pay child support to the cabinet pursuant to KRS 610.170.
††††† (b) The childís benefit worker with responsibility for the foster care child shall:
††††† 1. Cooperate with the CSEP;
††††† 2. Review and approve a foster care child support referral;
††††† 3. Complete a change of status if a change occurs that relates to the child support process; and
††††† 4. Forward to the CSEP a copy of the child support court documents.
††††† (c) If a child with special needs is adopted in accordance with 922 KAR 1:100 and reenters the custody of the cabinet, the cabinet shall:
††††† 1. Determine that good cause exists in accordance with Section 2(3) of this administrative regulation; or
††††† 2. Establish a child support obligation if:
††††† a. A child with special needs adopted in accordance with 922 KAR 1:100 has reentered the custody of the cabinet due to the childís maltreatment or abandonment; and
††††† b. The commissioner or designee recommends the establishment of child support.
††††† (3) Medicaid only.
††††† (a) If a Medicaid-only referral is made, the CSEP shall obtain the following information, if available:
††††† 1. Medicaid case number;
††††† 2. Name of the noncustodial parent or obligor;
††††† 3. Social Security number of the noncustodial parent or obligor;
††††† 4. Name and Social Security number of the child;
††††† 5. Home address of the noncustodial parent or obligor;
††††† 6. Name and address of the noncustodial parent or obligorís place of employment; and
††††† 7. Whether the noncustodial parent has a health insurance policy and, if so, the policy name, policy number, and name of any person covered.
††††† (b) An application for Medicaid shall include an assignment of rights for medical support, pursuant to 907 KAR 20:005.
††††† (c) Except for a custodial parent who is pregnant or in her postpartum period, pursuant to 907 KAR 20:005, a custodial parent shall cooperate in all phases of medical support activity.
††††† (d) A Medicaid-only recipient desiring full child support services, in addition to the medical support services, shall complete and submit to the CSEP the CS-140, Assignment of Rights and Authorization to Collect Support.
††††† (4) Nonpublic Assistance.
††††† (a) In accordance with KRS 205.721, the CSEP shall make child support services available to any individual who:
††††† 1. Assigns rights for medical support only;
††††† 2. Applies for services pursuant to paragraph (c) of this subsection; or
††††† 3. Has been receiving child support services as a public assistance recipient and is no longer eligible for public assistance.
††††† (b) The CSEP shall notify the family no longer eligible for public assistance, within five (5) working days, that child support services shall continue unless the CSEP is notified to the contrary by the family.
††††† (c) Application Process for a Nonpublic Assistance Individual.
††††† 1. Upon the request of a nonpublic assistance applicant, the CSEP shall give an application packet to the applicant.
††††† 2. If the request is:
††††† a. Made in person, the packet shall be provided the same day; or
††††† b. Not made in person, the packet shall be sent to the applicant within five (5) working days of the request.
††††† 3. The application packet shall include the:
††††† a. CS-33, Application for Child Support Services;
††††† b. CS-202, Authorization for Electronic Deposit of Child Support Payments; and
††††† c. CS-11, Authorization and Acknowledgement of No Legal Representation.
††††† 4. In order to receive child support services, the applicant shall complete and return the:
††††† a. CS-33, Application for Child Support Services; and
††††† b. CS-11, Authorization and Acknowledgement of No Legal Representation.
††††† (d) Except for a location-only case, services provided to a nonpublic assistance client through the CSEP shall be those services listed in Section 2 of this administrative regulation.
††††† (e) If a case involves a putative father, services provided shall be those identified in Section 2(1) of this administrative regulation.
††††† (f) The CSEP shall obtain the following information from a nonpublic assistance applicant, if available:
††††† 1. Name, date of birth, and Social Security number of the child;
††††† 2. Name of the custodial and noncustodial parent or obligor;
††††† 3. Social Security number of the custodial and noncustodial parent or obligor;
††††† 4. Date of birth of the custodial and noncustodial parent or obligor;
††††† 5. Home address or last known address of the custodial and noncustodial parent or obligor; and
††††† 6. Name and address of the custodial and noncustodial parentís or obligorís employer or last known employer.
††††† Section 2. General Services and Good Cause for All Case Types. (1) The CSEP shall provide child support services for a case type described in this administrative regulation in accordance with 42 U.S.C. 654. The services shall include:
††††† (a) Location of the noncustodial parent or obligor;
††††† (b) Location of the custodial parent for establishment of paternity;
††††† (c) Establishment of paternity based upon the receipt of either:
††††† 1. A court order; or
††††† 2. An affidavit from the Office of Vital Statistics that a signed, notarized voluntary acknowledgement of paternity has been registered;
††††† (d) Establishment of a child support or medical support obligation by:
††††† 1. Petitioning the court or administrative authority to establish child support pursuant to the Kentucky Child Support Guidelines; and
††††† 2. Petitioning the court or administrative authority to include private health insurance pursuant to 45 C.F.R. 303.31(b)(1) in new or modified court or administrative orders for support; or
††††† 3. Petitioning the court or administrative authority to include cash medical support in new or modified orders until health insurance that is accessible and reasonable in cost, as defined in KRS 403.211(8)(a) and (b), becomes available;
††††† (e) Enforcement of a:
††††† 1. Child support or medical support obligation; and
††††† 2. Spousal support obligation if the:
††††† a. Custodial parent is the spouse or ex-spouse;
††††† b. Child lives with the spouse or ex-spouse; and
††††† c. Cabinet is collecting support on behalf of the child;
††††† (f) Review and modification of an assigned support obligation in accordance with 921 KAR 1:400;
††††† (g) Collection and disbursement of current and past-due support payments resulting from an assigned support obligation, less an annual twenty-five (25) dollar fee assessed against a custodial parent who has never received assistance, as defined in 42 U.S.C. 654(6)(b)(ii), during each Federal fiscal year in which $500 has been disbursed for the case; and
††††† (h) Submit application to health plan administrator to enroll the child if the parent ordered to provide health insurance coverage is enrolled through the insurer and has failed to enroll the child.
††††† (2) The CSEP shall open a case and determine needed action and services within twenty (20) calendar days of receipt of a:
††††† (a) Referral from the public assistance agency;
††††† (b) Foster care referral; or
††††† (c) Nonpublic assistance application in accordance with Section 1(4)(c) of this administrative regulation.
††††† (3) Good cause.
††††† (a)1. If an applicant or client states that good cause for noncooperation exists, the applicant or client shall have the opportunity to establish a claim pursuant to 921 KAR 2:006.
††††† 2. Evidence for determination of good cause shall be pursuant to 921 KAR 2:006.
††††† 3. For a foster care child, good cause for nonenforcement of child support shall be determined to exist if evidence and criteria are met pursuant to 921 KAR 2:006 or 922 KAR 1:530.
††††† (b) If the CSEP has reason to believe an allegation of child maltreatment or domestic violence pursuant to KRS 205.730(1), the CSEP shall not attempt location, establishment, modification, or enforcement of an assigned support obligation.
††††† Section 3. Parent Locator Service and Associated Fee for Service. (1) Unless the cabinet has reason to believe an allegation of child maltreatment or domestic violence pursuant to KRS 205.730(1) or 921 KAR 2:006, Section 25, location shall be attempted for a:
††††† (a) Public assistance case referred to the CSEP; or
††††† (b) Nonpublic assistance case for which child support services are being provided.
††††† (2) The CSEP shall attempt to locate a noncustodial parent or obligor and the noncustodial parentís or obligorís employer, sources of income, assets, property, and debt, if necessary, for a public assistance case or nonpublic assistance case assigned to the CSEP pursuant to KRS 205.712, 205.730(5), and 45 C.F.R. 303.69 or 303.70.
††††† (3) In accordance with KRS 205.730(4), location services shall be provided in a parental kidnapping case.
††††† (4) The CSEP shall provide location services to a putative father in accordance with KRS 205.730(2) and (4).
††††† Section 4. Intergovernmental Process for Child Support Enforcement Services. In accordance with KRS 205.712, 407.5101-407.5903, and 45 C.F.R. 303.70, the CSEP shall:
††††† (1) Extend to an intergovernmental IV-D child support case the same services available to an intrastate case; and
††††† (2) Provide a responding state with sufficient and accurate information and documentation on the appropriate intergovernmental transmittal forms, the:
††††† (a) CS-98, General Testimony;
††††† (b) CS-99, Affidavit in Support of Establishing Paternity; and
††††† (c) CS-100, Uniform Support Petition.
††††† Section 5. Public Awareness. The effort, pursuant to KRS 205.712(2)(g), to publicize the availability of the CSEP's services and encourage their use may include:
††††† (1) Public service announcements;
††††† (2) Posters;
††††† (3) Press releases;
††††† (4) Videos;
††††† (5) Annual reports;
††††† (6) Newsletters;
††††† (7) Mail inserts;
††††† (8) Pamphlets;
††††† (9) Letters; and
††††† (10) Internet.
††††† Section 6. Incorporation by Reference. (1) The following material is incorporated by reference:
††††† (a) "CS-11, Authorization and Acknowledgement of No Legal Representation", 10/12;
††††† (b) "CS-33, Application for Child Support Services", 8/16;
††††† (c) "CS-98, General Testimony", 10/12;
††††† (d) "CS-99, Affidavit in Support of Establishing Paternity", 1/09;
††††† (e) "CS-100, Uniform Support Petition", 1/09;
††††† (f) "CS-140, Assignment of Rights and Authorization to Collect Support", 10/12; and
††††† (g) "CS-202, Authorization for Electronic Deposit of Child Support Payments", 8/16.
††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Income Support, Child Support Enforcement, 730 Schenkel Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (20 Ky.R. 2292; eff. 3-14-1994; Am. 21 Ky.R. 2548; eff. 5-17-1995; 23 Ky.R. 2876; 3573; eff. 2-19-1997; 25 Ky.R. 636; 1636; eff. 1-19-1999; Recodified from 904 KAR 2:380, 2-1-1999; 26 Ky.R. 913; eff. 12-15-1999; 27 Ky.R. 249; eff. 9-11-2000; 28 Ky.R. 166; 888; eff. 9-25-2001; 33 Ky.R. 629; 1090; eff. 10-18-2006; 34 Ky.R. 1867; 2141; eff. 3-19-2008; 35 Ky.R. 1089; eff. 1-5-2009; 36 Ky.R. 1545; 2077-M; eff. 4-2-2010; 39 Ky.R. 339; 774; eff. 10-17-2012; 43 Ky.R. 473, 701; eff 11-16-2016.)