Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 108 - Child Support Program, Counties under Cooperative Agreement › Section 13 CSR 40-108.040 - Prosecuting Attorneys' Performance Standards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment moves this rule to the Family
				  Support Division and groups it in a chapter with other child support rules. It
				  also updates terminology throughout.
(1) Definitions.
(A) "Prosecuting attorney" means the person
				elected as the prosecuting attorney for any county or the City of St. Louis, or
				any assistant prosecuting attorney duly appointed by a prosecuting attorney, or
				any person employed by the prosecuting attorney, or any person acting on behalf
				of the prosecuting attorney with actual or apparent authority.
(B) "Division" means the Family Support
				Division.
(C) "Director" means the
				person serving as director of the Missouri Family Support Division.
(D) "State agency" means the Missouri
				Department of Social Services.
(E)
				"Case" means a matter in which the state agency or the division has initiated
				or will initiate an action to collect funds arising from a child support
				matter, including the case record maintained under
				45 CFR
				302.33 and 45 CFR 303.2.
(F) "Referral" means a case sent to a
				prosecuting attorney on behalf of the division.
(G) "Successful completion" of an action
				means that a referral has been determined by the division or the prosecuting
				attorney to require no further action by the prosecuting attorney. In cases
				where judicial proceedings are determined necessary by the prosecuting
				attorney, a case is completed successfully if the necessary documentation has
				been submitted to the clerk for filing and service of process has been
				completed or an unsuccessful attempt to serve process has been documented by
				the prosecuting attorney, and the prosecuting attorney is proceeding with due
				diligence. If the initial attempt at service of process is unsuccessful, then
				the prosecuting attorney shall proceed with diligent efforts to serve process
				as defined in subsection (1)(M).
(H) "Adequate documentation" means written or
				electronically stored records, the accuracy and authenticity of which
				specifically are adopted by the prosecuting attorney, and from which a
				reasonable person, by normal and reasonable review, can determine what actions
				were taken by the prosecuting attorney and the outcome of those actions.
				Adequate documentation and adequate records shall have the same meaning.
				Documentation includes all case file records and all other records pertaining
				to referrals. For purposes of service of process, adequate documentation shall
				be a copy of the return of service from the process server or documentation in
				the case file of the contents of the return of service. No documentation shall
				be deemed adequate if it fails to meet the requirements of
				45 CFR
				303.2.
(I) "Requested action" means any act by the
				prosecuting attorney requested to be performed by the division including, but
				not limited to, the initiating of correspondence on a case, the researching of
				legal issues and/or investigation, the filing or preparation of legal documents
				or other correspondence, or the obtaining and forwarding to the division or the
				state agency data and information related to a referral(s). A requested action
				shall include all requirements of the cooperative agreement and any training or
				cooperation with federal or state agency auditors, as may be asked of the
				prosecuting attorney by the division.
(J) "A Level A county" means a county in
				which the prosecuting attorney has sole responsibility for the operation of the
				IV-D program in that county, for cases assigned by the division, and also
				performs specific legal functions on referrals sent to him/her by the
				division.
(K) "A Level B county"
				means a county in which the prosecuting attorney has sole responsibility for a
				specific portion of the IV-D program in that county, for cases assigned by the
				division, and also performs specific legal functions on referrals sent to
				him/her by the division.
(L) "A
				Level C county" means a county in which the division has sole responsibility
				for the entire operation of the IV-D program in that county and the prosecuting
				attorney performs specific legal functions on referrals sent to him/her by the
				division.
(M) "Diligent efforts" to
				serve process means efforts which, in the sound discretion of the prosecuting
				attorney, are designed reasonably, under the particular circumstances of the
				case, to ensure accomplishment of personal service, taking into account the
				potential cost of the service and the risk of personal safety of the person
				attempting service. The prosecuting attorney shall provide adequate
				documentation to explain the failure of service. In cases where previous
				attempts to serve process failed and adequate identifying and other information
				exists, the prosecuting attorney, within ninety (90) days of the last attempt
				at service, shall reattempt service of process in the event that there is a
				likelihood of successful service of process.