Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 25 - Office of Child Support Enforcement › Rule 006.25.20-001 - Office of Child Support Enforcement Policy Manual

Current through Register Vol. 49, No. 6, June, 2024
Chapter 1
INTRODUCTION
1.1
BACKGROUND INFORMATION
The Office of Child Support Enforcement is a division of the Department
	 of Finance and Administration and is charged with administering the child
	 support enforcement program within the state.
On January 4, 1975, Congress enacted Public Law 93-647. The law amended
	 Title IV of the Social Security Act (referred to as the Act) by creating a new
	 Part D, "Child Support and Establishment of Paternity." Child support programs
	 are also referred to as IV-D programs because the authority for the program is
	 located within the Social Security Act, Title IV, Part D.
The child support program is a state and federal partnership with the
	 purpose of promoting parental responsibility, securing financial support for
	 children from their noncustodial parent, enhancing family self-sufficiency, and
	 preventing or reducing reliance on public assistance. Each state, several U.S.
	 territories, and many Native American tribes administer a child support
	 enforcement program.
In the State of Arkansas, the child support program becomes involved in
	 the establishment and enforcement of child support and medical support based on
	 an application for services by the physical custodian of a child; by referral
	 when the custodial party and/or children are recipients of TEA (which includes
	 Arkansas Work Pays), Medicaid (which includes Arkansas Works and AR Kids
	 1st A and B), or Supplemental Nutritional Assistance
	 Program (SNAP); by referral when the noncustodial party is a recipient of SNAP;
	 or based on a request for assistance from a child support program in another
	 state, tribe, or country.
1.2
AUDIENCE
The Office of Child Support Enforcement (OCSE) Policy Manual is the
	 official statement of policy used by staff in implementing the child support
	 enforcement program in Arkansas.
1.3
PURPOSE
The purpose of the OCSE Policy Manual is to set forth agency policy
	 utilized in the implementation of the child support enforcement program.
Unless otherwise stated, the information in this manual pertains to
	 cases in which enforcement services are provided.
1.4
PREPARATION OF THE MANUAL
Policy for the OCSE Policy Manual is developed and promulgated pursuant
	 to State law.
NOTE: The codification of general and permanent rules, as
	 published in the Code of Federal Regulations by the executive departments and
	 agencies of the Federal Government, as well as Federal and State Law,
	 supersedes policy set forth in the Arkansas OCSE Policy Manual.
The OCSE Policy Manual will be available on the OCSE website at
www.childsupport.arkansas.gov
until it is superseded. The superseded manual will be retained in agency files
	 for three years as required by State law.
1.4.1
Common Terms Used in This
  Manual
Definitions of common terms and acronyms used in this manual are as
	 follows:
* DHS - The Department of Human Services is also known as DHS.
* Federal OCSE - U.S. Department of Health and Human Services,
	 Administration for Children and Families, Office of Child Support Enforcement
	 is the federal government agency that oversees the national child support
	 program.
* IV-D - The Social Security Act, Title IV, Part D provides the
	 authority for the child support program; therefore, child support programs are
	 referred to as IV-D programs and the cases they enforce are referred to as IV-D
	 cases.
* Medicaid - For use in this manual, recipients of Medicaid may also
	 include recipients of Arkansas Works or children who are receiving ARKids
1
st A or B.
* OCSE - The Arkansas Office of Child Support Enforcement is also
	 known as OCSE.
* SNAP - The Supplemental Nutrition Assistance Program is also known
	 as SNAP.
* TEA - The Transitional Employment Assistance program is also known as
	 TEA. It is Arkansas' program under the Federal Temporary Assistance for Needy
	 Families (TANF) block grant. For use in this manual, recipients of TEA may also
	 include participants of Arkansas Work Pays.
1.5
STRUCTURE OF THE PROGRAM
OCSE is state-administered and state-operated within the Department of
	 Finance and Administration (DFA). Other sections of DFA that provide support
	 services for OCSE include Administrative Services, Information Services,
	 Personnel Management, Driver Services, Motor Vehicle, Revenue Legal Counsel,
	 State Income Tax, State Procurement, Accounting, Budget, Intergovernmental
	 Services, and Employee Benefits.
OCSE is the single and separate organizational unit responsible for
	 administering the IV-D Program under the State Plan. The unit, supervised by
	 the Administrator of OCSE, consists of Central Office, field offices, and the
	 Arkansas Child Support Clearinghouse.
1.5.1
Central Office
The Central Office for OCSE includes the Administrator and Management
	 Staff who are charged with responsibility for specified areas. Operational
	 functions are performed by Finance and Administration, Information Systems,
	 Policy, Program Review, Communication and Outreach, General Counsel, Customer
	 Service, Collections, and Program Support. The function of Central Office staff
	 is to provide the necessary support services for field staff and to administer
	 the program at the state level.
1.5.2
Field Offices
Under direction of the Operations Manager, Field Managers are
	 responsible for supervising the Regional and Extension Office Supervisors.
	 Regional and Extension Office Supervisors are responsible, under the direction
	 of the Field Managers, for supervising the field staff. The field staff are
	 responsible for locating noncustodial parents and obtaining the information
	 necessary to initiate administrative procedures to enforce orders or support
	 legal action pursuant and limited to the purpose of the IV-D Program. The field
	 staff work closely with the legal staff to ensure appropriate information is
	 available to support the necessary legal action to collect child and medical
	 support or establish paternity. OCSE attorneys represent neither the custodial
	 party nor noncustodial parent, but rather the State's interest in seeing that
	 children are provided for financially.
1.5.3
Arkansas Child Support
  Clearinghouse
As required by federal law, OCSE operates the Arkansas Child Support
	 Clearinghouse, also known as the State Disbursement Unit (SDU), for the
	 collection and disbursement of payments under child support orders in IV-D
	 cases (enforcement) and non-IV-D cases (payment processing). The Clearinghouse
	 also provides necessary technical assistance and information to employers to
	 ensure the collection and disbursement of payments.
1.6
FUNDING
The Child Support Enforcement Program is supported by State General
	 Revenue, fees collected from custodial parties and noncustodial parents, and
	 federal funds.
1.7
PROGRAM GOAL
The primary goal of OCSE is to work with parents and guardians to help
	 establish and receive court-ordered child and medical support.
Child and medical support services are available to any individual,
	 without regard to the person's state of residence, who has physical custody of
	 a child and who applies for enforcement services. Recipients of TEA, certain
	 mandatory Medicaid categories, and SNAP are automatically referred to OCSE for
	 services from DHS.
OCSE provides the following services in cases that have been referred
	 by DHS, referred from the child support program of another state, tribe, or
	 country, or when a parent, guardian, or caretaker of a child has applied for
	 services:
* Locate the noncustodial parent for the purpose of providing
	 services
* Establish paternity of a child
* Establish an order for financial and medical support
* Enforce orders for financial and medical support
* Collect, distribute, and disburse child support payments
* Modify existing child and medical support orders
1.8
PUBLICIZING SUPPORT
  ENFORCEMENT
The availability of child and medical support enforcement services is
	 publicized on a regular basis. This is accomplished through media
	 announcements, brochures, presentations and participation by OCSE in various
	 community events, and on the OCSE website. The information promotes the
	 availability of child support services and provides resources where additional
	 information may be obtained.
1.9
POLICY OF NONDISCRIMINATION
OCSE complies with applicable federal and state civil right laws and
	 does not discriminate on the basis of age, color, disability, race, national
	 origin, sex, or religion.