921 KAR 1:380. Child Support Program application and interstate process.

921 KAR 1:380. Child Support Program application and interstate process.

RELATES TO: KRS 205.705, 205.710-205.800, 205.992, 213.046(4), 405.430(5), 405.520, 406.021, 406.025, 407.5101-407.5902, 610.170, 45 C.F.R. 302.30, 302.31, 303.69, 302.33-302.36, 302.50, 302.65, 302.80, 303.2, 303.3-303.15, 303.30-303.31, 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 to promulgate administrative regulations to operate the Child Support Program (CSP) in accordance with federal law and regulations. 45 C.F.R. 303.2 requires access to the child support application process to be provided 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 interstate case.

Section 1. Child Support 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 3:030.

(b) An applicant or recipient shall cooperate in all phases of child support activity that shall, if known, include:

1. The name of the noncustodial parent or obligor;

2. The Social Security number of the noncustodial parent or obligor;

3. Information to assist in the:

a. Location of the noncustodial parent or obligor;

b. Enforcement of a child support order; or

c. Review or modification of a child support order;

4. Establishment of:

a. Paternity, if paternity has not been established; and

b. An assigned support obligation;

5. Enforcement of:

a. An assigned support obligation; and

b. A spousal support order if the cabinet is collecting for a child who resides with the spouse or former spouse; and

6. Forwarding any child support payment received to the cabinet’s centralized collection unit.

(2) Foster Care.

(a) The CSP shall collect and disburse child support on behalf of a child for whom:

1. The state is making a foster care maintenance payment as required by 42 U.S.C. 657 and an assignment of rights has been made; or

2. The cabinet has custody, and there is an order for the child’s parent or parents to pay child support to the cabinet pursuant to KRS 610.170.

(b) The child’s benefit worker with responsibility for the foster care child shall:

1. Cooperate with the CSP;

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 CSP a copy of the child support court documents.

(c)1. 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:

a. Determine that good cause exists in accordance with Section 2(3) of this administrative regulation; or

b. Establish a child support obligation pursuant to subparagraph 2 of this paragraph.

2. The cabinet shall pursue the establishment of a child support obligation if:

a. A child with special needs adopted in accordance with 922 KAR 1:100 has reentered the custody of the cabinet due to the child’s maltreatment or abandonment; and

b. The commissioner or designee recommends the establishment of child support.

(3) Medicaid only.

(a) If a Medicaid-only referral is made, the CSP 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; and

6. Name and address of the noncustodial parent or obligor’s place of employment.

(b) An application for Medicaid shall include an assignment of rights for medical support, pursuant to 907 KAR 1:011, Section 9, which shall be completed by using the application form incorporated by reference in 921 KAR 3:030.

(c) Except for a custodial parent who is pregnant or in her postpartum period, pursuant to 907 KAR 1:011, 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 CSP the CS-140, Assignment of Rights and Authorization to Collect Support.

(4) Nonpublic Assistance.

(a) In accordance with KRS 205.721, the CSP 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 CSP shall notify the family no longer eligible for public assistance, within five (5) working days, that child support services shall continue unless the CSP is notified to the contrary by the family.

1.a. Upon the request of a nonpublic assistance applicant, the CSP shall give an application packet to the applicant.

b. If the request is:

(i) Made in person, the packet shall be provided the same day; or

(ii) Not made in person, the packet shall be sent to the applicant within five (5) working days of the request.

2. The application packet shall include the:

a. CS-33, Non-K-TAP Application;

b. CS-168, Application for Direct Deposit; and

c. CS-11, Authorization and Acknowledgement of No Legal Representation.

3. In order to receive child support services, the applicant shall complete and return the:

a. CS-33, Non-K-Tap Application; and

b. CS-11, Authorization and Acknowledgement of No Legal Representation.

(d) Except for a putative father and location-only case, services provided to a nonpublic assistance client through the CSP 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)(b) and (c) of this administrative regulation.

(f) The CSP shall obtain the following information from a nonpublic assistance applicant, if available:

1. Name, date of birth, and social security number of the child;

2. Name of the custodial and noncustodial parent or obligor;

3. Social Security number of the custodial and noncustodial parent or obligor;

4. Date of birth of the custodial and noncustodial parent or obligor;

5. Home address or last known address of the custodial and noncustodial parent or obligor; and

6. Name and address of the custodial and noncustodial parent’s or obligor’semployer or last known employer.

Section 2. General Services and Good Cause for All Case Types. (1) The CSP 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;

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;

(e) Enforcement of a:

1. Child support or medical support obligation; and

2. Spousal support obligation if the:

a. Client 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; and

(h) For a Medicaid-only case type, application for health insurance coverage through an employer for the child if court or administratively ordered but not provided by either parent.

(2) The CSP 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

(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 CSP has reason to believe an allegation of child maltreatment or domestic violence pursuant to KRS 205.730(1), the CSP 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 24, location shall be attempted for a:

(a) Public assistance case referred to the CSP; or

(b) Nonpublic assistance case for which child support services are being provided.

(2) The CSP shall attempt to locate a noncustodial parent or obligor and the noncustodial parent’s or obligor’s sources of income, assets, property, and debt, if necessary, for a public assistance case or nonpublic assistance case assigned to the CSP pursuant to KRS 205.712 and 205.730(5) 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 CSP shall provide location services to a putative father in accordance with KRS 205.730(2) and (4).

Section 4. Interstate Process for Child Support Services. In accordance with KRS 205.712, 407.5101-407.5902, and 45 C.F.R. 303.70, the CSP shall:

(1) Extend to an interstate child support case the same services available to an intrastate case; and

(2) Provide an agency in a responding state with sufficient and accurate information and documentation on the appropriate interstate transmittal forms, the:

(a) CS-98, General Testimony;

(b) CS-99, Affidavit in Support of Establishing Paternity; and

Section 5. Public Awareness. The effort, pursuant to KRS 205.712(2)(g), to publicize the availability of the CSP'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; and

(9) Letters.

Section 6. Incorporation by Reference. (1) The following material is incorporated by reference:

(a) "CS-11, Authorization and Acknowledgement of No Legal Representation", edition 3/08;

(b) "CS-33, Non-KTAP Application", edition 3/08;

(d) "CS-99, Affidavit in Support of Establishing Paternity", edition 10/06;

(e) "CS-100, Uniform Support Petition", edition 10/06;

(f) "CS-140, Assignment of Rights and Authorization to Collect Support", edition 10/06; and

(g) "CS-168, Application for Direct Deposit", edition 3/08.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department for Community Based Services, 275 East Main Street, Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. (20 Ky.R. 2292; eff. 3-14-94; Am. 21 Ky.R. 2548; eff. 5-17-95; 23 Ky.R. 2876; 3573; eff. 2-19-97; 25 Ky.R. 636; 1636; eff. 1-19-99; Recodified from 904 KAR 2:380, 2-1-99; 26 Ky.R. 913; eff. 12-15-99; 27 Ky.R. 249; eff. 9-11-2000; 28 Ky.R. 166; 888; eff. 9-25-2001; 33 Ky.R. 629; 1090; eff. 10-18-06; 34 Ky.R. 1867; 2141; eff. 3-19-08.)