921 KAR 1:380. Child Support Enforcement Program application
and intergovernmental process.
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,
407.5101-407.5902, 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 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 cabinet’s 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 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 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 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 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 obligor’s place of employment; and
7. Whether the noncustodial parent has a
health insurance policy and, if so, the policy name and number and name(s) of
the person(s) covered.
(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 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, Non-K-TAP Application;
b. CS-168, Application for Direct
Deposit; 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, Non-K-TAP Application; 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 parent’s or obligor’s 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 such time as 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. 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, 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 parent’s
or obligor’s 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 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 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,
407.5101-407.5902, and 45 C.F.R. 303.7, 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 agency 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", edition 10/12;
(b) "CS-33, Non-KTAP
Application", edition 10/12;
(c) "CS-98, General Testimony",
edition 10/12;
(d) "CS-99, Affidavit in Support of
Establishing Paternity", edition 1/09;
(e) "CS-100, Uniform Support
Petition", edition 1/09;
(f) "CS-140, Assignment of Rights
and Authorization to Collect Support", edition 10/12; and
(g) "CS-168, Application for Direct
Deposit", edition 1/09.
(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. 10-17-12.)
