Arkansas Administrative Code › Agency 006 - Department of Finance and Administration › Division 25 - Office of Child Support Enforcement › Rule 006.25.10-001 - Policy Manual - Rules describing agency procedure and practice used to locate noncustodial parents, establish paternity, establish, modify and enforce child support and medical support orders, and collect and disburse child support payments.

Current through Register Vol. 49, No. 6, June, 2024
Chapter 1
INTRODUCTION
BACKGROUND INFORMATION
On January 4, 1975, Congress enacted Public Law
				93-647. The law amended Title IV of the Social Security Act by creating
	 a new Part D, "Child Support and Establishment of Paternity." Part D imposes
	 obligations on the states in order for their federal grants under Title IV to
	 continue at an unreduced level, and it establishes conditions of eligibility
	 for Transitional Employment Assistance (TEA) recipients. Title IV-D, as
	 amended, authorizes the enforcement of child support obligations owed by
	 noncustodial parents to their children, locating parents, establishing
	 paternity, and obtaining child support and medical support. These objectives
	 are based on the belief that all children are entitled to have their parents
	 identified and to receive support from both parents.
AUDIENCE
The Office of Child Support Enforcement Policy Manual is the official
	 statement of policy used by staff in implementing the Child Support Enforcement
	 Program in Arkansas.
PURPOSE
The purpose of the Child Support Enforcement Policy Manual is to set
	 forth agency policy utilized in the implementation of the Child Support
	 Enforcement program.
PREPARATION OF THE MANUAL
Policy for the Child Support Enforcement 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 Office of Child Support
	 Enforcement's 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until it is superseded. The superseded manual will be retained in agency files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.
STRUCTURE OF THE PROGRAM
Office of Child Support Enforcement (OCSE) is state-administered and
	 state-operated within the Division of Revenue, 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 support staff, field
	 staff, and Arkansas Child Support Clearinghouse staff.
OCSE 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.
FIELD STAFF
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 do not represent either the
	 custodial party or noncustodial parent, but rather the State's interest in
	 seeing that children are provided for financially.
THE ARKANSAS CHILD SUPPORT CLEARINGHOUSE
OCSE operates a centralized state disbursement unit for processing all
	 child support payments for Title IV-D cases and payments remitted through
	 income withholding in non-Title IV-D cases. The unit operates under the
	 supervision of the Arkansas Child Support Clearinghouse Manager.
Services provided by the Arkansas Child Support Clearinghouse are
	 limited by federal regulation. Persons who do not have an open enforcement case
	 (i.e., those who have a payment processing case) will receive the following
	 services:
* Update the custodial party's address upon written request.
* Respond to inquiries regarding lost, stolen or destroyed checks
	 issued by the Clearinghouse.
* Provide payment histories upon the request of either party.
* Respond to calls regarding payments received and disbursed.
Chapter 2
ADMINISTRATION
PROGRAM GOAL
The purpose of the Child Support Enforcement Program is as
	 follows:
* Locate the noncustodial parent
* Establish paternity of children born out-of-wedlock
* Establish the legal obligation of the noncustodial parent for child
	 and medical support
* Enforce child and medical support obligations
* Collect, distribute, and disburse child support payments
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 Transitional
	 Employment Assistance (TEA), IV-E Foster Care, and certain mandatory Medicaid
	 categories are automatically referred to OCSE for services from the Department
	 of Human Services.
FUNDING
The Child Support Enforcement Program is supported by State General
	 Revenue, fees collected from custodial parties and noncustodial parents, and
	 federal funds.
CONFIDENTIALITY
OCSE will not release information regarding members in an OCSE case
	 except as permitted by State law.
Release of information on the whereabouts of a party is permissible
	 only if it is in connection with the administration of the Child Support
	 Program, other limited purposes, or as specifically authorized by law. A
	 violation of confidentiality shall constitute a Class B Misdemeanor.
It is unlawful to disclose to any committee or legislative body any
	 information that identifies by name or address any applicant or recipient of
	 OCSE child support enforcement services, except under limited
	 circumstances.
Release Of Information Upon Request Of The Parties
A custodial party or noncustodial parent is entitled to his or her own
	 personal information contained in a case file. Court orders and pay records may
	 be released to either requesting party.
When releasing court orders, the non-requesting party's Social Security
	 number will be blocked out. Should a protective order be obtained after the
	 date on which a court order was entered, OCSE will block out any address
	 information, even though the information may still be available on public
	 record.
All requests for copies of information must be made in writing.
	 Information may not be released over the phone. If a copy of an entire file is
	 requested, then all information, including pay records and notes, will be
	 released. However, the non-requesting party's address, work information, and
	 Social Security number will be redacted.
Release forms and request letters will be maintained in the case file
	 for documentation. Requested information will be mailed within five business
	 days from date of receipt of the written request. No fee for copies will be
	 charged. OCSE may release information on the whereabouts of a party if the
	 party requesting the information is the noncustodial parent or the custodial
	 party. The noncustodial parent or custodial party must submit the request by an
	 affidavit that clearly states the reason the information is requested and
	 describes the unsuccessful attempts to acquire the information from other
	 sources. The affidavit requesting release of information may be sent by first
	 class mail to OCSE.
Within seven calendar days of receiving the request, OCSE will notify
	 the party whose whereabouts are subject to disclosure that a request for
	 location information has been made and that information will be provided within
	 twenty calendar days of the date of the notice unless OCSE receives a copy of a
	 court order prohibiting the disclosure or otherwise restricting the requesting
	 party's rights to the information, or a request for an administrative hearing
	 to contest the disclosure.
When an administrative hearing to contest the release of information is
	 requested, OCSE will not disclose the whereabouts of a party until the
	 administrative hearing is held or completed. If any reasonable evidence of
	 domestic violence or child abuse is presented at the administrative hearing or
	 by affidavit, and the disclosure of the last known address or any identifying
	 information could be harmful to a party or the child, OCSE will not release the
	 information.
Safeguarding Information
Case records will be stored in electronic files or in file cabinets
	 accessible only to authorized OCSE personnel. These file cabinets will be
	 maintained in a secure area, and locked when not in use.
Private Collection Agencies
OCSE will not accept change requests forms or requests for information
	 from a private collection agency. A "power of attorney" provided by a private
	 collection agency will not be accepted. Custodial parties may seek optional
	 remedies for the collection of obligated past due support. A custodial party
	 may keep his or her OCSE child support case open while under contract with a
	 private collection agency.
The custodial party may request a change of address in writing and have
	 child support payments sent to his or her address of choice including that of a
	 private collection agency. However, it should be explained to the custodial
	 party that all money and documents for all cases will be sent to the address
	 provided.
FEDERAL RESOURCES AVAILABLE
The following federal resources are made available by Title IV-D of the
	 Social Security Act:
.
United States District Courts :
The United States
	 District Courts may be used to enforce the court order of an Arkansas court of
	 competent jurisdiction against a noncustodial parent in another state. An
	 application for using the U.S. District Court must be submitted to the OCSE
	 Regional Office by the Arkansas OCSE Central Office.
.
Federal Criminal Nonsupport :
Cases meeting the criteria
	 for prosecution under the Child Support Recovery Act (CSRA) will be forwarded
	 to the appropriate U.S. Attorney's office by OCSE. To be eligible for
	 prosecution under CSRA, the noncustodial parent must live in a different state
	 than the child and be $5,000 behind or have made no payment for one year, have
	 the ability to pay, and nonpayment must be willful. It is within the U.S.
	 Attorney's discretion to accept or reject a case referred by OCSE for federal
	 criminal nonsupport.
.
Federal Administrative Offset Program:
Federal law
	 authorizes Tax Refund Intercept, administrative offset of recurring and
	 nonrecurring payments, and passport denial for delinquent court-ordered support
	 obligations owed to families receiving child and medical support services.
	 Collections made by intercepting federal income tax refunds due the
	 noncustodial parent are to be applied against past due child support and State
	 debt. The process includes collection of delinquent support obligations owed to
	 (1) reimburse the state for amounts paid to families receiving TEA, and (2) pay
	 arrears to non-TEA families who receive full OCSE services. (For additional
	 information, see Chapter 8.)
.
IRS Full Collection Service:
Past due child and medical
	 support for TEA, Medicaid and non-TEA full OCSE services cases can be referred
	 to the IRS to be collected as if unpaid child support were a delinquent tax
	 debt. To be eligible for the IRS full collection service, a court order must
	 exist and arrears must be at least $750. Request for use of full collection
	 services must be approved by the Administrator of Arkansas OCSE and reviewed by
	 the Regional Office of Child Support Enforcement. Referrals to the IRS Full
	 Collection Service are made by the state to which an assignment of support
	 rights or a non-TEA application for child support services has been made. The
	 applicant for services must pay a fee of $122.50 at the time of the
	 referral.
.
Garnishment Of Salaries Of Federal Employees:
Federal
	 income, including military pay, certain types of Social Security payments
	 (e.g., SSA), income tax refunds, and disability benefits are subject to
	 garnishment. The Office of Child Support Enforcement can obtain an order of
	 garnishment against the noncustodial parent's salary or income when other
	 methods of collection have failed.
PUBLICIZING SUPPORT ENFORCEMENT SERVICES
The availability of child and medical support enforcement services is
	 publicized on a regular basis. This is accomplished through radio
	 announcements, brochures, presentations and participation by OCSE in various
	 community events, and on the OCSE website. The information promotes the
	 availability of our services and a list of telephone numbers or addresses where
	 additional information may be obtained.
ASSIGNED COUNTY
The county responsible for working a case is the "assigned county." The
	 following factors determine the county where the case should be assigned,
	 listed in the order of priority:
1.
  Location of the Arkansas court that issued the order for child/medical
  support
2. Location of the
  custodial party
3. Location of the
  noncustodial parent
Transferring Cases
Prior to the establishment of a court order, unless a case is already
	 pending in court, if facts indicate a case has been assigned to the wrong
	 county, the caseworker shall take immediate action to transfer the case to the
	 correct county.
Transferring Cases After The Establishment Of An
	 Order
The OCSE Field Operations Manager or designee must approve all actions
	 by OCSE to request transfer of a case from the jurisdiction of one court to
	 another.
The court that originally issued the order will retain jurisdiction for
	 six months from the effective date of the order. If one party has moved from
	 the county that issued the order and the other party has moved out of Arkansas,
	 the court on its own motion or either party may petition the court that granted
	 the final decree to transfer the case to the county where at least one party
	 resides. The court that issued the final decree of divorce or judgment of
	 paternity will make the final decision regarding the transfer.
PROGRAM REVIEW
Cases will be reviewed at regular intervals to ensure that case
	 activities meet the program standards for completeness and timeliness as
	 outlined in the Code of Federal Regulations; that fees are monitored to ensure
	 that they are charged appropriately; that corrections and deletions are
	 reviewed and approved; and that all case activities are properly
	 narrated.
Reviews will be scheduled for each office on an annual basis. The
	 review period will be the preceding 12 months. If the office fails to meet the
	 standard for any criteria, a review will be scheduled after 6 months and only
	 the criteria that failed will be reviewed. The Federal Self-Assessment review
	 will be scheduled in October and includes sample cases from all OCSE offices.
	 The review period for the Federal Self-Assessment review is the preceding 12
	 months from October through September.
Reviews are conducted using Arkansas Child Support Information Systems
	 (ARCSIS) case screens including all imaged documents.
ADMINISTRATIVE REVIEW REQUEST
A customer may ask for an administrative review to address any concern
	 regarding his or her case. This informal process is useful in providing an
	 explanation concerning various actions taken in his or her case or its status.
	 Once a request for an administrative review is received, the appropriate office
	 will review the case to determine if the action taken was appropriate and will
	 respond to the customer.
An administrative review does not take the place of a formal
	 administrative hearing that may be available under certain qualifying
	 circumstances. It is not necessary for a customer to request an administrative
	 review prior to requesting an administrative hearing. However, if the informal
	 administrative process does not resolve an issue that qualifies for an
	 administrative hearing, the customer's written request for an administrative
	 review must also be treated as a request for an administrative hearing. In this
	 instance, the date that the administrative review was first requested in
	 writing will also be used as the date of the administrative hearing request.
	 The customer must provide the information required in Chapter 9, Administrative
	 Hearings, and meet all other requirements.
INTRASTATE ACTIVITY REQUESTS
When completion of a case investigation requires that an activity be
	 performed in a different county, the caseworkers in both counties will work
	 together to ensure that the necessary actions are completed. The original case
	 documents will always remain with the caseworker to whom the case was initially
	 assigned.
FEDERAL CASE REGISTRY
The Federal Case Registry (FCR) is a federal database within the
	 Federal Parent Locate Service that contains identifying information on all
	 members listed in OCSE child support cases and in private child support cases
	 established or modified after October 1, 1998. Information in the database is
	 used for the purpose of locating parents, establishing paternity, and
	 establishing or enforcing support orders, and is used for no other
	 purpose.
ARKANSAS REGISTRY OF CHILD SUPPORT ORDERS
OCSE maintains an automated registry of child support orders known as
	 the Arkansas Registry of Child Support Orders. The registry contains abstracts
	 of child support orders and other information on each child support order in
	 the state established or modified on or after October 1, 1998. The registry
	 also contains abstracts of all child support orders for cases in which services
	 are being provided by OCSE pursuant to Title IV-D of the Social Security
	 Act.
Abstracts of child support orders and other information on each child
	 support case includes information as required by the United States Department
	 of Health and Human Services and as specified in federal regulations, including
	 but not limited to the following: names; Social Security numbers or other
	 uniform identification numbers; and case identification numbers that will
	 identify individuals who owe or are owed child support, or on whose behalf the
	 establishment of support obligations are sought. Information will also consist
	 of the name of the county in which the case is filed.
For each order in which services are being provided under Title IV-D of
	 the Social Security Act, the registry will also include the following:
. Amount of monthly or other periodic support owed under the
	 order
. Other amounts owed under the order, including arrearages, interest,
	 late penalties and fees that are due or overdue
. Information on monies collected and distributed on each case
. The birth date of any child for whom the order required
	 support
. The amount of any lien imposed with respect to the support
	 order
OCSE will provide payment history information on child support cases
	 maintained in the registry.
IRS INFORMATION SAFEGUARD
Federal law requires that safeguard measures be in place to secure
	 federal tax return information and other information received from the IRS
	 (FTI).
Upon discovery of a possible improper inspection or disclosure of FTI
	 by a Federal employee, a State employee, or any other person, the individual
	 making the observation or receiving information should contact the Treasury
	 Inspector General For Tax Administration, P.O. Box 589, Ben Franklin Station,
	 Washington, D.C. 20044-0589, Phone 800-366-4484.