Rule-making Standards and Procedures.DOC

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					Title of Proposed Rule:         Changes Regarding Interstate Cases as Required by Intergovernmental Federal
                                Regulations; and, Paternity Establishment and Genetic Testing as Required by
                                S.B. 11-123

Rule-making#:        11-4-8-2
Office or Division/Program:          Rule Author: Anne Seymore                       Phone: 303-866-4427
Office of Self Sufficiency and
                                                                                     E-Mail:
Independence/Child Support
                                                                                     anne.seymore@state.co.us
Enforcement



                                  STATEMENT OF BASIS AND PURPOSE


Summary of the basis and purpose for the rule or rule change. (State what the rule says or does, explain why the
rule or rule change is necessary and what the program hopes to accomplish through this rule.)

S.B. 11-123, effective August 10, 2011, imposes limitations on genetic testing if paternity has previously been
determined in another state. The rule changes will eliminate inconsistency between statutes and rules regarding
genetic testing and administrative process.

These rules also comply with federal regulations at 45 CFR 303.7 that became effective January 3, 2011, which
require the responding state to pay for genetic testing costs, limit case closure reasons for a responding reciprocal
case, and require notification to the responding state when requesting case closure, including the reason for closing
a case.


An emergency rule-making (which waives the initial Administrative Procedure Act noticing requirements) is necessary:

        X     to comply with state/federal law and/or
              to preserve public health, safety and welfare

Explain: Senate Bill 11-123 was signed into law, effective August 10, 2011. If the rules regarding other state
paternity determinations are not changed to match the statute, it could result in genetic tests being conducted that
are prohibited by statute, child support cases being dismissed inappropriately, entry of invalid orders, or irreversible
delays in case processing, ending up with no child support for the child(ren).

Federal regulations currently state that the responding state must conduct and collect the cost for genetic testing. If
Colorado's rules state that the initiating state is responsible, there is a risk that both states could collect the same
amount from the noncustodial parent, resulting in a double payment from the noncustodial parent, or that neither
state would conduct the genetic tests, resulting in delays in case processing, ending up with no child support for the
child(ren).




Initial Review               07/08/2011                       Final Adoption               08/05/2011
Proposed Effective Date      08/10/2011                       EMERGENCY Adoption           07/08/2011




                                                                                         DOCUMENT 6
_______________
[Note: “Strikethrough” indicates deletion from existing rules and “all caps” indicates addition of new rules.]


                                                                                          Rule-making Form SBA-3a (08/09)
Title of Proposed Rule:          Changes Regarding Interstate Cases as Required by Intergovernmental Federal
                                 Regulations; and, Paternity Establishment and Genetic Testing as Required by
                                 S.B. 11-123

Rule-making#:         11-4-8-2
Office or Division/Program:           Rule Author: Anne Seymore                     Phone: 303-866-4427
Office of Self Sufficiency and
                                                                                    E-Mail:
Independence/Child Support
                                                                                    anne.seymore@state.co.us
Enforcement


                                 STATEMENT OF BASIS AND PURPOSE (continued)



Authority for Rule:
State Board Authority: 26-1-107, C.R.S. (2010) - State Board to promulgate rules; 26-1-109, C.R.S. (2010) - State
Board rules to coordinate with federal programs; 26-1-111, C.R.S. (2010) - State Board to promulgate rules for
public assistance and welfare activities.

Program Authority: (give federal and/or state citations and a summary of the language authorizing the rule-making)
13-25-126(1)(a)(II), C.R.S. (2010), as amended by SB 11-123 – genetic tests;
26-13.5-103(1)(o)(I), C.R.S. (2010), as amended by SB 11-123 – notice of financial responsibility;
26-13.5-105(3)(c), C.R.S (2010), as amended by SB 11-123 – negotiation conference, issuance of order of financial
responsibility; 26-13.5-113, C.R.S. (2010) – State Board to promulgate rules to implement the administrative
process;
45 CFR 303.7 – provisions of services in interstate IV-D cases



Does the rule incorporate material by reference?
                                                                         Yes    X      No
Does this rule repeat language found in statute?
                                                                   X     Yes           No
If yes, please explain.

Some language in the rule is copied from S.B. 11-123. The rule changes expand on the processes Child Support
Enforcement units must follow based on the statutory changes.


State Board Administration will send this rule-making package to Colorado Counties, Inc., Office of State Planning and
Budgeting, and the Joint Budget Committee. The program has sent this proposed rule-making package to which
stakeholders?
County Directors, County Child Support Enforcement Administrators, IV-D Task Force, Policy Advisory Committee
Self-Sufficiency Subcommittee (Sub-PAC), Colorado Judicial Department, Ray Washington and Ken Sanders as
representatives of two fatherhood groups, Colorado Legal Services


Attachments:
Regulatory Analysis
Overview of Proposed Rule
Stakeholder Comment Summary




                                                                                        Rule-making Form SBA-3a (08/09)
Title of Proposed Rule:         Changes Regarding Interstate Cases as Required by Intergovernmental Federal
                                Regulations; and, Paternity Establishment and Genetic Testing as Required by
                                S.B. 11-123

Rule-making#:        11-4-8-2
Office or Division/Program:          Rule Author: Anne Seymore                      Phone: 303-866-4427
Office of Self Sufficiency and
Independence/Child Support
Enforcement



                                          REGULATORY ANALYSIS
                     (complete each question; answers may take more than the space provided)


1. List of groups impacted by this rule:
Which groups of persons will benefit, bear the burdens or be adversely impacted by this rule?

Custodial parties, noncustodial parents, and county Child Support Enforcement Unit (CSEU) staff could be both
negatively and positively impacted by the rule change regarding contesting paternity and genetic testing.

There is very little impact to any stakeholders in the interstate rule changes.


2. Describe the qualitative and quantitative impact:
How will this rule-making impact those groups listed above? How many people will be impacted? What are the
short-term and long-term consequences of this rule?

Custodial parties, noncustodial parents, and CSE staff could positively benefit from the rule change because, in
giving full faith and credit to paternity establishment done in another state, it discourages frivolous contests of
paternity and allows Colorado CSE units to move forward to establish child support.

The rule change could negatively affect noncustodial parents who wish to contest a previous paternity
determination by requiring that parent to spend time and money taking action in the other state.

The short term consequences are the same as the long term; this rule change will have no different future effect.
There is no way to track how many people will be affected, as there is no way to estimate how many noncustodial
parents will wish to contest paternity.

There is no workload impact to CSE units for the interstate changes. The process is currently in practice and
counties simply have to change from tracking and collecting genetic tests costs for initiating interstate cases to
responding interstate cases. A noncustodial parent is required to reimburse the cost of genetic tests if found to be
the father, whether the case is an initiating or a responding interstate case.


3. Fiscal Impact:
For each of the categories listed below explain the distribution of dollars; please identify the costs, revenues,
matches or any changes in the distribution of funds even if such change has a total zero effect for any entity that
falls within the category. If this rule-making requires one of the categories listed below to devote resources without
receiving additional funding, please explain why the rule-making is required and what consultation has occurred
with those who will need to devote resources.

                 State Fiscal Impact (Identify all state agencies with a fiscal impact, including any Colorado Benefits
                 Management System (CBMS) change request costs required to implement this rule change)

                 The cost for minimal programming to the automated child support system to allow the interstate
                 change will be absorbed by present staff. There is also minimal impact to create and change
                 existing forms for the genetic testing and administrative process rule changes.


                                                                                         Rule-making Form SBA-3b (10/08)
Title of Proposed Rule:         Changes Regarding Interstate Cases as Required by Intergovernmental Federal
                                Regulations; and, Paternity Establishment and Genetic Testing as Required by
                                S.B. 11-123

Rule-making#:        11-4-8-2
Office or Division/Program:          Rule Author: Anne Seymore                      Phone: 303-866-4427
Office of Self Sufficiency and
Independence/Child Support
Enforcement




                                       REGULATORY ANALYSIS (continued)



                County Fiscal Impact

                Possible fiscal impact to counties because the responding state must now pay any unreimbursed
                genetic testing costs; however, it is expected that it will be a “wash”, as the amount of genetic tests
                previously paid by Colorado as the initiating state will be the same as the amount of genetic tests
                paid by Colorado as the responding state.

                Federal Fiscal Impact

                None

                Other Fiscal Impact (such as providers, local governments, etc.)

                Possible impact to noncustodial parents who wish to contest paternity previously determined in
                another state for the travel and court costs. There may be minimal positive impact to the custodial
                parents if more temporary orders are established under administrative process and the
                noncustodial parents pay the ordered child support.


4. Data Description:
List and explain any data, such as studies, federal announcements, or questionnaires, which were relied upon
when developing this rule?

S.B. 11-123, which gave full faith and credit to other state’s paternity determinations, and Federal Register Volume
75 Number 127 dated July 2, 2010, for the interstate changes.


5. Alternatives to this Rule-making:
Describe any alternatives that were seriously considered. Are there any less costly or less intrusive ways to
accomplish the purpose(s) of this rule? Explain why the program chose this rule-making rather than taking no
action or using another alternative.

There are no alternatives, as these rule changes are required to comply with Colorado statutes and federal
regulations.




                                                                                         Rule-making Form SBA-3b (10/08)
Title of Proposed Rule:         Changes Regarding Interstate Cases as Required by Intergovernmental Federal
                                Regulations; and, Paternity Establishment and Genetic Testing as Required by
                                S.B. 11-123

Rule-making#:        11-4-8-2
Office or Division/Program:          Rule Author: Anne Seymore                    Phone: 303-866-4427
Office of Self Sufficiency and
Independence/Child Support
Enforcement



                                     OVERVIEW OF PROPOSED RULE


Compare and/or contrast the content of the current regulation and the proposed change.

 Section Numbers            Current Regulation              Proposed Change                    Stakeholder Comment


 6.207                      Enforcing county                Includes registration of a        __      Yes     X      No
                            designation for responding      foreign order in the method
                            interstate cases                for determining enforcing
                                                            county designation. If the
                                                            noncustodial parent cannot
                                                            be located in Colorado,
                                                            federal regulations allow
                                                            the state to close the
                                                            interstate case with a sixty
                                                            day closure notice, except
                                                            if the interstate referral
                                                            came from a foreign
                                                            country
 6.250.18                   Services in interstate          Requires the reason for           __      Yes     X      No
                            cases                           closure be part of the
                                                            notification
 6.250.25                   Responding state                Adds restrictions on              __      Yes     X      No
                            responsibilities                moving a case from one
                                                            county to another
 6.250.3                    Payment and recovery of         Makes the responding              __      Yes     X      No
                            costs in interstate cases       state responsible for
                                                            paying and collecting for
                                                            genetic tests
 6.260.51                   Notice and reasons for          Adds specifics regarding          __      Yes     X      No
                            case closure                    closing responding
                                                            interstate cases
 6.600.11                   Paternity establishment         Removes a case from the           __      Yes     X      No
                                                            requirement to establish
                                                            paternity on all children
                                                            when paternity is currently
                                                            being disputed
 6.601.2                    Paternity establishment         Add the word “to” to make         __      Yes     X      No
                                                            the sentence
                                                            grammatically correct



                                                                                           Rule-making Form SBA-3c (10/08)
Title of Proposed Rule:         Changes Regarding Interstate Cases as Required by Intergovernmental Federal
                                Regulations; and, Paternity Establishment and Genetic Testing as Required by
                                S.B. 11-123

Rule-making#:        11-4-8-2
Office or Division/Program:          Rule Author: Anne Seymore                   Phone: 303-866-4427
Office of Self Sufficiency and
Independence/Child Support
Enforcement




 Section Numbers            Current Regulation             Proposed Change                   Stakeholder Comment

 6.601.31                   Paternity establishment        Parties cannot request to        __      Yes     X      No
                                                           rescind a signature if
                                                           paternity has already been
                                                           determined in another
                                                           state
 6.601.32                   Contesting paternity           Parties cannot request to        __      Yes     X      No
                                                           rescind a signature if
                                                           paternity has already been
                                                           determined in another
                                                           state
 6.603.1                    Genetic testing                Outlines exceptions for          __      Yes     X      No
                                                           requiring parties to submit
                                                           to genetic testing
 6.603.3                    Genetic testing                Makes the change that the        __      Yes     X      No
                                                           responding, not the
                                                           initiating, state is
                                                           responsible for the genetic
                                                           testing costs
 6.714.1                    Request for court hearing      Revises the reasons for          __      Yes     X      No
                                                           the CSE unit to request a
                                                           court hearing




                                                                                         Rule-making Form SBA-3c (10/08)
Title of Proposed Rule:             Changes Regarding Interstate Cases as Required by Intergovernmental Federal
                                    Regulations; and, Paternity Establishment and Genetic Testing as Required by
                                    S.B. 11-123

Rule-making#:            11-4-8-2
Office or Division/Program:              Rule Author: Anne Seymore                 Phone: 303-866-4427
Office of Self Sufficiency and
Independence/Child Support
Enforcement



                                      STAKEHOLDER COMMENT SUMMARY


DEVELOPMENT

The following individuals and/or entities were included in the development of these proposed rules (such as other
Program Areas, Legislative Liaison, Sub-PAC, and the Child Welfare Action Committee):

          The APA and Judicial Task Group of the Policy Advisory Committee Self-Sufficiency Subcommittee (Sub-
          PAC)


THIS RULE-MAKING PACKAGE

The following individuals and/or entities were contacted and informed that this rule-making was proposed for
consideration by the State Board of Human Services:

          County Directors, County Child Support Enforcement Administrators, IV-D Task Force, Policy Advisory
          Committee Self-Sufficiency Subcommittee (Sub-PAC), Colorado Judicial Department, Ray Washington and
          Ken Sanders as representatives of two fatherhood groups, Colorado Legal Services

Are other State Agencies (such as the Department of Health Care Policy and Financing) impacted by these rules?
If so, have they been contacted and provided input on the proposed rules?

            Yes          X   No

Have these rules been reviewed by the appropriate Sub-PAC Committee?

      X     Yes              No

          Date presented ___May 5, 2011___. Were there any issues raised? ____ Yes _X_ No

          If not, why.

Comments were received from stakeholders on the proposed rules:

            Yes          X   No


          If “yes” to any of the above questions, summarize and/or attach the feedback received by specifying the
          section and including the Department/Office/Division response. Provide proof of agreement or ongoing
          issues with a letter or public testimony by the stakeholder.




                                                                                         Rule-making Form SBA-3d (08/09)
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                                   6.206- 6.209

6.206          ENFORCING COUNTY FOR CHILD SUPPORT                              ENFORCEMENT          CASES
               (INTRASTATE AND INITIATED INTERSTATE)

Rev. eff.      For IV-A, foster care, Medicaid referral, Low-Income Child Care Assistance referrals,
10/1/04        responding interstate actions, and non-IV-A cases, the enforcing county for a Colorado
               Child Support Enforcement case is the first county where Child Support Enforcement
               application or referral was made. The enforcing county will provide the full range of
               services to the Low-Income Child Care Assistance referral case from another county,
               even if said county elected not to require the Low-Income Child Care Assistance
               recipients in its county to cooperate with the Child Support Enforcement Unit.

               When there is a prior enforcing county, the county of new application or referral will assist
               in the completion of the application, interstate and other necessary documents. The
               county of residence will forward the application, documents and fee to the enforcing
               county, as appropriate, utilizing the form as prescribed by the state department. The
               county of new application or referral must contact the enforcing county to determine
               which of the counties will be the enforcing county. For a Low-Income Child Care
               Assistance referral case, the Low-Income Child Care Assistance Program unit will deal
               directly with the CSE Unit located in its county. The CSE Unit will then communicate with
               the enforcing county.

6.207          ENFORCING COUNTY FOR RESPONDING INTERSTATE CASES

Rev. eff.      These RESPONDING INTERSTATE CASES are IV-A or non-IV-A cases received from
12/1/97        a jurisdiction outside Colorado requesting Child Support Enforcement services because
               the noncustodial parent resides, is employed or derives income in Colorado.

6.207.1        A.       If there is no prior OPEN enforcing county designation, the responding interstate
Rev. eff.               action will be forwarded to the county where a previous Colorado order has been
1/1/99                  entered OR A FOREIGN ORDER REGISTERED that involves the same parties
                        OBLIGOR and children.

6.207.2        B.       If there is no prior OPEN enforcing county designation and no previous Colorado
Rev. eff.               order OR REGISTRATION OF A FOREIGN ORDER, a responding interstate
12/1/97                 action will be forwarded to the county of the noncustodial parent's place of
                        residence.

6.207.3        C.       If there is no prior OPEN enforcing county designation, and no previous Colorado
Add eff.                order OR REGISTRATION OF A FOREIGN ORDER, and a noncustodial parent's
12/1/97                 residential location cannot be identified or verified, a responding interstate action
                        will be forwarded to the county of the noncustodial parent's place of employment.

6.207.4        D.       If there is no prior OPEN enforcing county designation, and no previous Colorado
Add eff.                order OR REGISTRATION OF A FOREIGN ORDER, and a noncustodial parent's
12/1/97                 residential and employment location cannot be identified or verified, a responding
                        interstate action will be PUT INTO SIXTY (60) DAY CLOSURE BY THE
                        INTERSTATE UNIT. IT WILL BE RETURNED TO THE INITIATING STATE IF
                        THE OBLIGOR’S RESIDENCE OR EMPLOYMENT CANNOT BE VERIFIED IN
                        COLORADO WITHIN THAT TIME FRAME. HOWEVER, IF THE INTERSTATE
                        ACTION WAS RECEIVED FROM A FOREIGN COUNTRY, IT WILL BE
                        forwarded to the county of the noncustodial parent's last known place of
                        residence, if one was provided, or county of last known employment.

6.208-6.209-   (None)

THIS REVISION:      VI-04-3         LAST REVISION:               VI-98-3         REVISION NUMBER
Adopted:            8/6/2004        Adopted:                     11/6/98                   3
Effective Date:     10/1/2004       Effective Date:              1/1/99
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                              6.250.18 - 6.250.26

6.250         PROVISION OF SERVICES IN INTERSTATE IV-D CASES BY CSE UNITS (continued)

6.250.18      Notify the responding state when a case is closed AND THE REASON FOR CLOSURE.
Rev. eff.
8/1/94

6.250.19      The CSE Unit may provide any documentation, notification, or information through
Add eff.      any electronic means, as long as the electronic transaction is appropriately
12/1/97       documented in the case record.


6.250.2       RESPONDING STATE/JURISDICTION RESPONSIBILITIES

6.250.21      Management of the interstate CSE caseload to ensure provision of necessary
Rev. eff.     services, including maintenance of case records and periodic review of program
12/1/97       performance on interstate cases.

6.250.22      Ensure that organizational structure and staff are adequate to provide services in
              interstate CSE cases.

6.250.23      County CSE Units must initiate any electronic or manual referral from the interstate
Add eff.      network within 20 calendar days of the date of referral as found on the ACSES
12/1/97       responding interstate recently referred list.

6.250.24      Within 75 calendar days of receipt of the interstate case, provide necessary locate
Rev. eff.     services, request necessary additions or corrections to the forms or documentation
8/1/94        in order to act on the case and process the interstate case to the extent possible, pending
              action by the initiating state.

6.250.25      COUNTY OF RESIDENCE

Rev. eff.     Unless the county is the prior enforcing county or the county of original order, If the
12/1/97       absent NONCUSTODIAL parent is located in another county within TEN (10) working
              days of receipt of the interstate case, THE CASE SHALL BE MOVED TO THE COUNTY
              OF THE NONCUSTODIAL PARENT’S RESIDENCE UNLESS:

              A.    THE COUNTY WAS THE OPEN ENFORCING COUNTY PRIOR TO THE
                    INTERSTATE REFERRAL; OR,
              B.    THE COUNTY HAS REGISTERED A FOREIGN ORDER; OR,
              C.    THE COUNTY IS THE COUNTY OF THE ORIGINAL ORDER.

              IF THE CASE DOES NEED TO BE MOVED, the county SHALL CONTACT will forward
              the case to the appropriate CSE office and notify the Interstate Network of the action TO
              MOVE THE CASE TO THE COUNTY OF THE NONCUSTODIAL PARENT’S
              RESIDENCE.

6.250.26      Within TEN (10) working days of locating the noncustodial parent in another state, the
              CSE Unit will notify the initiating state of the new address. At the direction of the initiating
              state, the case may be closed or the case may be forwarded to the appropriate Central
              Registry in the noncustodial parent's state of new location.

THIS REVISION:     VI-97-4    LAST REVISION:      VI-95-3   REVISION NUMBER
Adopted:           10/3/97    Adopted:            5/5/95              7
Effective Date:    12/1/97    Effective Date:     7/1/95
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                RULE MANUAL VOLUME 6
                            CHILD SUPPORT ENFORCEMENT
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                          6.250.3 - 6.260.21

6.250.3       PAYMENT AND RECOVERY OF COSTS IN INTERSTATE IV-D CASES

Rev. eff.     The initiating RESPONDING state is responsible for payment of genetic tests for
10/1/94       establishing paternity.

              The responding state is responsible for attempting to obtain judgment for genetic test
              costs and if recovered, reimbursing the initiating state.

              The responding state is responsible for payment of all costs it incurs ,other than for
              genetic tests for establishing paternity, in the processing of an interstate case.


6.260         CASE MANAGEMENT

6.260.1       CSE CASE DEFINITION

Rev. eff.     A CSE case is defined as a noncustodial parent who has a duty, or has been
12/1/97       alleged to have a duty, of support (not necessarily a court order) whether or not there has
              been a collection of support. If the noncustodial parent is responsible for the support of
              children in more than one family, the noncustodial parent is considered as a separate
              case with respect to each separate family.


6.260.2       CASE RECORDS

6.260.21      Case Record Procedures

Rev. eff.     County CSE Units shall establish procedures to ensure that all appropriate
7/1/93        functions and activities related to opening a case record are undertaken and completed
              within the time frames specified. The time frames begin on the date of referral or
              acceptance of an application and end when the case is ready for the next appropriate
              activity, e.g. locate, establishment of paternity, establishment of a support order, or
              enforcement. All activities must be documented on ACSES within five working days.




THIS REVISION:     VI-97-4    LAST REVISION:      VI-94-4   REVISION NUMBER
Adopted:           10/3/97    Adopted:            8/5/94              7
Effective Date:    12/1/97    Effective Date:     10/1/94
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                RULE MANUAL VOLUME 6
                            CHILD SUPPORT ENFORCEMENT
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                       6.260.5 - 6.260.51

6.260.5       CLOSURE OF CASES

6.260.51      Notice and Reasons for Closure

Rev. eff.     Unless otherwise noted, case closure requires a SIXTY (60) day advance notice of
10/1/04       closure to the custodial party. For closure reasons that require notice, the Child Support
              Enforcement Unit must notify the custodial party of the unit's intent to close the case by
              sending a notice of closure on the form prescribed by the State Department sixty (60)
              calendar days prior to closing a public assistance or non-public assistance case. The
              case must be left open if the custodial party or initiating state supplies information in
              response to the notice which could lead to the establishment of paternity or a support
              order or enforcement of an order. If the case is an A RESPONDING interstate case, the
              notice shall be sent to the initiating state. RESPONDING INTERSTATE CASES CAN
              ONLY BE CLOSED USING CLOSURE REASONS “G” OR “H” OF THIS SECTION. If
              the case is a foster care case, the notice of closure is not required because the custodial
              party (county department) initiated the request for closure based on the child(ren)'s
              termination from foster care placement. All records of closed cases must be retained for
              a minimum of three years.

              Public assistance and non-public assistance, including Low-Income Child Care
              Assistance, cases may be closed for one or more of the reasons listed below or in
              Section 6.260.52 or 6.260.53. If the Low-Income Child Care Assistance case is closed,
              the county CSE Unit must notify the appropriate county Low-Income Child Care
              Assistance Program.

              A.      There is no longer a current support order and either no arrearages are owed or
                      arrearages are under $500 or unenforceable under state law.

              B.      The noncustodial parent or putative father is deceased and the death has been
                      verified through sources such as:

                      1.      A newspaper obituary;

                      2.      A death certificate;

                      3.      Contact with the funeral home;

                      4.      The custodial party's statement has been recorded in the case record; or,

                      5.      The Social Security Death Index, and no further action, including a levy
                              against the estate, can be taken.




THIS REVISION:     VI-04-3    LAST REVISION:      VI-04-2   REVISION NUMBER
Adopted:           8/6/2004   Adopted:            5/7/2004            9
Effective Date:    10/1/2004  Effective Date:     7/1/2004
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                STAFF MANUAL VOLUME 6
                             CHILD SUPPORT ENFORCEMENT
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                                   6.600 - 6.601.1

6.600         ESTABLISHMENT OF PATERNITY

6.600.1       The following functions are the responsibility of the Child Support Enforcement Unit
Rev. eff.     with regard to the establishment of parentage for Child Support Enforcement cases,
10/1/94       pursuant to Child Support Enforcement caseload categorization requirements contained
              in these rules.

6.600.11      In the case of a child for whom parentage has not been legally established or is in
Rev. eff.     dispute with respect to whom an assignment of rights is effective, the Child Support
7/1/97        Enforcement Unit shall attempt to establish the parentage of such child. However, the
              Child Support Enforcement Unit shall not pursue the establishment of parentage if good
              cause exemption from referral to the Child Support Enforcement Unit has been
              determined by the county director or designate IV-A staff.

6.600.12      The Child Support Enforcement Unit shall determine whether the alleged father’s
Add eff.      name is on the child's birth certificate prior to initiating a paternity establishment
6/2/95        action.

              A.      If the alleged father's name is listed on the child's birth certificate, a presumption
                      of paternity exists and the Child Support Enforcement Unit shall not pursue the
                      establishment of parentage.

              B.      If the alleged father's name is not listed on the child's birth certificate, the Child
                      Support Enforcement Unit shall pursue the establishment of parentage.

6.600.13      In the case of a child for whom parentage has not been legally established on his/her
Add eff.      behalf or is in dispute, the Child Support Enforcement Unit shall attempt to establish
10/5/90       the parentage of such child.


6.601         PATERNITY ESTABLISHMENT PROCEDURES

6.601.1       County Child Support Enforcement Units' procedures for the establishment of paternity
Rev. eff.     shall permit the establishment of paternity for any child at any time prior to the child’s
7/1/04        eighteenth birthday. This applies to instate and interstate cases. If however, the statute
              of limitations in effect at the time of the child's birth was less than eighteen years, the
              county Child Support Enforcement Unit may bring an action on behalf of the said child at
              any time prior to the child's twenty-first birthday. An action brought solely to establish
              paternity must be done through the courts, not administratively.




THIS REVISION:     VI-04-2    LAST REVISION:      VI-00-2   REVISION NUMBER
Adopted:           5/7/2004   Adopted:            5/5/2000           12
Effective Date:    7/1/2004   Effective Date:     7/1/2000
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                RULE MANUAL VOLUME 6
                            CHILD SUPPORT ENFORCEMENT
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                             6.601.2 - 6.601.31

6.601         PATERNITY ESTABLISHMENT PROCEDURES (continued)

6.601.2       County Child Support Enforcement Units shall provide non-public assistance TO
Add eff.      unmarried parents who are applying for Child Support Enforcement services and public
1/1/99        assistance TO unmarried parents with the opportunity to voluntarily acknowledge
              paternity at the Child Support Enforcement office. The Child Support Enforcement Unit
              shall provide to the unmarried parents the voluntary acknowledgment form prescribed
              and furnished by the state registrar and oral and written state prescribed standardized
              notices stating the alternatives to, the legal consequences of, and the rights and
              responsibilities that arise from signing the acknowledgment. Either the Child Support
              Enforcement Unit or the unmarried parents shall forward the completed
              acknowledgement of paternity form to the Department of Public Health and Environment,
              the Division of Health Statistics and Vital Records, according to the instructions provided
              on the form. The Division of Health Statistics and Vital Records will record the
              acknowledgement of paternity and add the father’s name to the child’s birth certificate.

6.601.3       A signed voluntary paternity acknowledgment is considered a legal finding of paternity,
Add eff.      subject to the right of either party who signed the acknowledgment to rescind the
12/1/97       acknowledgment within the earlier of:

              A.      SIXTY (60) calendar days; or,

              B.      The date of an administrative or judicial proceeding relating to the child in which
                      the person who signed the paternity acknowledgment is a party.

6.601.31      When a party in a IV-D case notifies the Child Support Enforcement Unit of their
Rev. eff.     HIS/HER desire to rescind their HIS/HER signature on a voluntary paternity
1/1/99        acknowledgment, if the request is made within sixty (60) calendar days from the date the
              acknowledgment was signed and there has been no administrative or judicial proceeding
              involving the parties, AND PATERNITY HAS NOT BEEN ESTABLISHED BY OR
              PURSUANT TO THE LAWS OF ANOTHER STATE, the Child Support Enforcement Unit
              shall, through administrative process, order genetic testing.

              A.      If the results of the genetic testing establish a threshold of probability of paternity
                      of 97% or higher and the party continues to contest paternity, the Child Support
                      Enforcement Unit shall proceed with administrative process procedures to
                      establish a temporary support order and to set the case for a court hearing to
                      obtain a court finding and order.

                      If the results of the genetic testing establish a threshold of probability of paternity
                      of 97% or higher and the party does not contest paternity, the Child Support
                      Enforcement Unit shall proceed with administrative process procedures to
                      establish a permanent support order.




THIS REVISION:     VI-00-2    LAST REVISION:      VI-98-3   REVISION NUMBER
Adopted:           5/5/2000   Adopted:            11/6/98            11
Effective Date:    7/1/2000   Effective Date:     1/1/99
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                RULE MANUAL VOLUME 6
                            CHILD SUPPORT ENFORCEMENT
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                         6.601.31 - 6.601.32

6.601.31      (continued)

              B.      If the results of the genetic testing do not establish a threshold of probability of
                      paternity of at least 97%, the Child Support Enforcement Unit shall, through
                      administrative process, set the case for a court hearing to obtain a court finding
                      and order.

                      If the court finds that the party who signed the paternity acknowledgment is not
                      the father of the child, the Child Support Enforcement Unit shall notify the
                      Department of Public Health and Environment, Division of Health Statistics and
                      Vital Records, and request that they remove the party’s name from the child’s
                      birth certificate. The notification shall be either a certified copy of the court order
                      or a modified report of paternity determination, as prescribed by the Division of
                      Vital Records.

6.601.32      Contesting Paternity

Rev. eff.     A.      When a party in a IV-D case notifies the county Child Support Enforcement Unit
3/2/10                of the desire to rescind his/her signature on a voluntary paternity
                      acknowledgment and/or contests parentage of a child, and there has been a prior
                      administrative process or judicial proceeding involving the party concerning the
                      support of the child, the party shall be referred to the court for resolution.

              B.      When a party in a IV-D case notifies the county Child Support Enforcement Unit
                      of the desire to rescind his/her signature on a voluntary paternity
                      acknowledgment and/or contests parentage of a child, and there has been no
                      prior administrative process or judicial proceeding involving the party concerning
                      the support of the child, but the current establishment proceeding is being
                      conducted through an administrative process action and it has been sixty or more
                      calendar days since the acknowledgment was signed and the father’s name is on
                      the child(ren)’s birth certificate, AND PATERNITY HAS NOT BEEN
                      ESTABLISHED BY OR PURSUANT TO THE LAWS OF ANOTHER STATE, the
                      Child Support Enforcement Unit shall:

                      1.      Enter an administrative process order for genetic testing, then

                      2.      Establish an administrative process temporary order of financial
                              responsibility and request a court hearing to obtain a permanent court
                              finding and order if the genetic testing results show a ninety seven
                              percent (97%) or greater probability of parentage and the party continues
                              to contest parentage, or

                      3.      If the genetic testing results show a less than 97% probability of
                              parentage, the county Child Support Enforcement unit may dismiss the
                              action or take such other appropriate action as allowed by law.

              C.      If the party withdraws his/her contest of paternity at any time, even after genetic
                      testing has been done and the father’s name is on the child(ren)’s birth
                      certificate, the delegate Child Support Enforcement Unit shall:

THIS REVISION:     VI-10-1    LAST REVISION:      VI-98-3   REVISION NUMBER
Adopted:           1/8/2010   Adopted:            11/6/98             2
Effective Date:    3/2/2010   Effective Date:     1/1/99
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                RULE MANUAL VOLUME 6
                            CHILD SUPPORT ENFORCEMENT
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                       6.601.32 - 6.602.11

6.601.32      Contesting Paternity (continued)

                      1.      Refer the case to court without an administrative process order of any
                              kind if genetic testing results do not show a 97% or greater probability of
                              parentage, or

                      2.      Enter an administrative process stipulated or temporary order as
                              appropriate under the facts of the case if the genetic testing results do
                              show a 97% or greater probability of paternity.

6.601.33      Parties who do not have a IV-D case and request the Child Support Enforcement
Add eff.      Unit to assist them in rescinding a voluntary paternity acknowledgment shall be
12/1/97       referred to the court.

6.601.4       County Child Support Enforcement Units shall establish procedures to ensure that
Rev. eff.     all appropriate paternity establishment activities are undertaken and completed
6/2/95        within the timeframes specified. The timeframes begin when the alleged or presumed
              father is located and end when paternity and a support obligation are established or the
              alleged or presumed father is excluded. All paternity establishment activities must be
              documented on the Automated Child Support Enforcement System.


6.602         PATERNITY ESTABLISHMENT FUNCTIONS

6.602.1       Within NINETY (90) calendar days of locating the alleged father, the Child Support
Rev. eff.     Enforcement Unit must:
3/1/96
              A.      Document unsuccessful attempts to serve process, or,

              B.      Complete service of process, establish paternity, and establish an order for
                      support.

6.602.11      Repeated unsuccessful service of process attempts are not a valid reason for not
Add eff.      meeting the timeframes. If service of process is unsuccessful because of a poor
10/1/90       address, the case shall be referred back to the locate function.




THIS REVISION:     VI-10-1    LAST REVISION:      VI-98-4   REVISION NUMBER
Adopted:           1/8/2010   Adopted:            12/4/98            15
Effective Date:    3/2/2010   Effective Date:     2/1/99
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                RULE MANUAL VOLUME 6
                            CHILD SUPPORT ENFORCEMENT
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                       6.602.2 - 6.603.2

6.602.2       Establishing Paternity in Public and Non-Public Assistance Cases

Rev. eff.     The Child Support Enforcement Unit shall attempt to establish paternity in public
10/1/09       assistance and non-public assistance cases for each child for whom paternity has not
              been legally established or is in dispute. However, the Child Support Enforcement Unit
              shall not pursue the establishment of paternity if good cause exemption from referral to
              the Child Support Enforcement Unit has been determined to exist by the county director
              or designee.

              For Medicaid referral cases, the Child Support Enforcement Unit shall not pursue the
              establishment of paternity if there is good cause exemption.

              If good cause exemption has not been established and the custodial party or placing
              parent fails to cooperate with the Child Support Enforcement Unit, the Child Support
              Enforcement Unit shall complete a Notice of Non-Cooperation of Caretaker Relative
              (CSE-7) and forward the notice to the county IV-A unit, the Division of Child Welfare, or
              the appropriate Medicaid agency.

6.602.3       Genetic testing results may be provided to all parties without the necessity of a
Rev. eff.     formal discovery process; however, no party may further re-disclose the genetic
5/1/95        testing results. Other papers and records maintained by the county department of social
              services shall be available for inspection:

              A.      To parties to the action only upon consent of all parties to the action and
                      according to the statute governing confidentiality or according to the rules of
                      discovery; and,
              B.      To non-parties to the action only upon consent of all parties to the action.

6.603         GENETIC TESTING

6.603.1       County Child Support Enforcement Units shall require ,except in cases where good
Rev. eff.     cause has been determined, that the child and all other parties in a contested paternity
8/1/92        case submit to genetic testing, upon the request of any party, EXCEPT IN CASES:

              A.      WHERE GOOD CAUSE HAS BEEN DETERMINED; OR,
              B.      WHERE PATERNITY HAS BEEN DETERMINED BY OR PURSUANT TO THE
                      LAWS OF ANOTHER STATE.

              The parties are required to use the genetic testing laboratory designated by the Child
              Support Enforcement Unit.

6.603.2       Counties, or the state Division of Child Support Enforcement on behalf of counties,
Rev. eff.     shall competitively procure, according to county or state procedures, services from
10/1/09       genetic testing laboratories which have been accredited. The state Division of Child
              Support Enforcement shall provide a list of genetic testing laboratories which have been
              accredited to the county Child Support Enforcement Units. Genetic testing laboratories
              procured by the counties must perform, at reasonable cost, legally and medically
              acceptable genetic tests to identify the father or exclude the alleged father. Proof of
              competitive procurement may be requested by the Colorado Department of Human
              Services at any time.

THIS REVISION:     VI-09-1    LAST REVISION:      VI-98-4   REVISION NUMBER
Adopted:           8/7/2009   Adopted:            12/4/98            15
Effective Date:    10/1/2009  Effective Date:     2/1/99
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                RULE MANUAL VOLUME 6
                             CHILD SUPPORT ENFORCEMENT
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                       6.603.3 - 6.603.5

6.603         GENETIC TESTING (continued)

6.603.3       County Child Support Enforcement Units shall pay the costs of the genetic testing
Add eff.      for all parties for instate cases, including long-arm paternity establishment. For
10/5/90       interstate cases, the initiating RESPONDING state is responsible for the genetic testing
              costs.

6.603.4       Any objection to the genetic testing results shall be made in writing at least
Rev. eff.     fifteen (15) days before the hearing where the results may be introduced, or
12/1/97       fifteen (15) days after the Motion for Summary Judgment is served. If, however, the
              results were not received at least fifteen days before the hearing, the objection to the
              genetic testing results shall be made at least twenty-four (24) hours prior to the hearing.
              If no objection is made, the test results shall be entered as evidence of paternity in a
              paternity action without the need for proof of authenticity or accuracy.

              Upon receipt of an objection to the genetic testing results, the delegate Child Support
              Enforcement Unit will take the following action:

              A.      If the case is an Administrative Process case, file a Child Support Enforcement
                      Unit Request for Court Hearing (CSE-116) as required in Section 6.714.

              B.      If the case has been filed through the Judicial process, request the court to set a
                      hearing and decide the issue of paternity and child support.

                      The Notice of Hearing must be sent to the alleged parent and the custodial party
                      by the court or the delegate Child Support Enforcement Unit, if delegated and
                      authorized by the court in writing.

6.603.5       In all cases, when paternity is adjudicated, county Child Support Enforcement Units
Rev. eff.     shall attempt to enter a judgment for the costs of genetic testing against the alleged
7/1/94        father for full payment or prorated payment with a specified monthly amount due to
              liquidate those costs.




THIS REVISION:     VI-97-4    LAST REVISION:      VI-95-1   REVISION NUMBER
Adopted:           10/3/97    Adopted:            3/3/95              5
Effective Date:    12/1/97    Effective Date:     5/1/95
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                RULE MANUAL VOLUME 6
                            CHILD SUPPORT ENFORCEMENT
9 CCR 2504-1
CHILD SUPPORT ENFORCEMENT                                                                6.713 - 6.714.4

6.713         ISSUANCE OF A TEMPORARY ORDER IF NO STIPULATION IS REACHED

6.713.1       If no stipulation is agreed upon at the negotiation conference and paternity is not an
Rev. eff.     issue, or if the obligor contests paternity and the genetic test results are 97% or higher
10/1/09       probability of paternity, the delegate Child Support Enforcement Unit shall issue
              temporary orders establishing current child support, foster care fee, retroactive support
              due, and medical support. The Notice of Financial Responsibility and proof of service
              shall then be filed with the clerk of the court. The Child Support Enforcement Unit shall
              request the court to set a hearing for the matter in accordance with Section 6.714.

6.714         REQUEST FOR COURT HEARING

6.714.1       If no stipulation is agreed upon at a negotiation conference because the noncustodial
Rev. eff.     parent contests the issues of paternity or if AND a temporary order is completed and no
10/1/09       continuance is granted or if A CASE IS REFERRED TO COURT WITHOUT ENTRY OF
              AN ADMINISTRATIVE ORDER BECAUSE a deviation is required in the case of adoption
              assistance services OR OTHER REASON, the delegate Child Support Enforcement Unit
              shall request the court to set a hearing in the matter by:

6.714.11      A.      Filing a Child Support Enforcement Unit Request for Court Hearing, as
Rev. eff.             prescribed by the State Department, with the clerk of the district court in the
10/1/09               county in which the Notice of Financial Responsibility was issued or in the district
                      court where an action relating to child support is pending or an order exists but is
                      silent on the issue of child support.

6.714.12      B.      Attaching to the Child Support Enforcement Unit Request for Court Hearing the
Rev. eff.             following:
10/1/09
                      1. A.   Notice of Hearing, as prescribed by the State Department,

                      2. B.   Notice of Financial Responsibility,

                      3. C.   Return of Service, Waiver of Service or return receipt signed by the
                              obligor,

                      4. D.   Income and Expense Affidavit,

                      5. E.   Temporary Order of Financial Responsibility,

                      6. F.   Adoption Assistance Agreement, if applicable.

6.714.2       The delegate Child Support Enforcement Unit shall request the court to set a hearing on
Rev. eff.     the Child Support Enforcement Unit Request for Court Hearing within 90 days of service
10/1/09       of the Notice of Financial Responsibility or Notice of Financial Responsibility-Paternity
              Action on the noncustodial parent.

6.714.3       The Notice of Hearing must be sent to the noncustodial parent or the noncustodial
Rev. eff.     parent's attorney and the custodial party by the court or the delegate Child Support
12/1/97       Enforcement Unit if delegated and authorized by the court in writing.

THIS REVISION:     VI-09-1    LAST REVISION:      VI-99-1   REVISION NUMBER
Adopted:           8/7/2009   Adopted:            5/7/99             13
Effective Date:    10/1/2009  Effective Date:     7/1/99
                       COLORADO DEPARTMENT OF HUMAN SERVICES
                                RULE MANUAL VOLUME 6
                             CHILD SUPPORT ENFORCEMENT

				
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