reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-009 - Circumstances Under Which the Department Will Not Issue Declaratory Orders

Current through June 17, 2024
009.01
When the Department Shall
				Refuse:
Grounds upon which the Department
shall
refuse to issue a declaratory order include, but are not limited
				  to, the following:
1. The petition
				requests a declaratory order on a matter that is outside the scope of authority
				of the Department.
2. The petition
				requests review or appeal of a decision made by the Department in a contested
				case.
3. The petition requests a
				declaratory order on the effect of past conduct.
4. An investigation for purposes of a formal
				adjudication, a contested case, or a petition to issue, amend, or repeal
				regulations is pending before the Department involving the petitioner on
				substantially the same or similar facts or issues raised in the
				petition.
5. The petition seeks a
				declaration that a statute or rule or regulation is unconstitutional or
				invalid.
6. The issue raised in the
				petition has been settled by a change in circumstances or other means so as to
				render moot the need for a declaratory order.
7. An order would substantially prejudice the
				rights of a person or entity who would be a necessary party and who does not
				consent in writing to the determination of the matter by a declaratory order
				proceeding.
8. An order would not
				resolve the controversy or uncertainty.
9. The question posed or facts presented are
				insufficiently specific, overly broad, or are otherwise inappropriate as a
				basis upon which to decide the matter.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 5 - REQUEST FOR A DECLARATORY ORDER › Section 465-5-010 - Appeal

Current through June 17, 2024
A declaratory order is subject to review in the manner
				  provided for review of contested cases by the Administrative Procedure Act,
Neb. Rev. Stat
. * 84-901 - * 84-920. Specific
				  procedures for appeal are set forth in
Neb. Rev. Stat
.
				  * 84-917.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT › Section 465-6-001 - General Provisions

Current through June 17, 2024
001.01
Definitions:
The following definitions shall apply as used throughout
				  these rules and regulations.
Contested case
shall mean a
				  proceeding before the Department in which the legal rights, duties, or
				  privileges of specific parties are required by law or constitutional right to
				  be determined after the Department hearing.
Department
shall mean the
				  Department of Social Services.
Ex parte communication
shall mean
				  an oral or written communication which is not on the record in a contested case
				  with respect to which reasonable notice to all parties was not given. Ex parte
				  communication shall not include:
1.
				Communications which do not pertain to the merits of a contested
				case;
2. Communications required
				for the disposition of ex parte matters as authorized by law;
3. Communications in a rate making or rule
				making proceeding; or
4.
				Communications to which all parties have given consent.
A
hearing
is an orderly proceeding
				  before the Director or his/her representative. During the hearing a client,
				  applicant, or his/her representative may present his/her case with or without
				  the help of witnesses to show why an action or inaction should be corrected by
				  the Department.
Hearing officer
shall mean the
				  person or persons conducting a hearing, contested case, or other proceeding
				  pursuant to the Administrative Procedure Act, whether designated as the
				  presiding officer, administrative law judge, or some other title
				  designation.
Party
means the person by or
				  against whom a contested case is brought or a person allowed to intervene in a
				  contested case.
Petition
means the initial document
				  filed by or with the Department that sets forth a claim and request for
				  Department action or appeal from Department action or
				  inaction.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT › Section 465-6-002 - Prohibitions Against Ex Parte Communications

Current through June 17, 2024
002.01
Prohibitions; When
				Applicable:
The prohibitions found in this section shall apply beginning
				  at the time notice for hearing is given. The Department may designate an
				  earlier time, but such earlier time shall be required to be set forth in the
				  Department's rules of procedure.
002.02
Prohibitions; To Whom
				Applicable:
6-002.02A
Parties and Public
: No party in a contested case or
				other person outside the Department having an interest in the contested case
				shall make or knowingly cause to be made an ex parte communication to the
				hearing officer or to a Department head or employee who is or may reasonably be
				expected to be involved in the decision making process of the contested
				case.
6-002.02B
Persons
				in Decision Making Roles
: No hearing officer or the Director or
				other employee who is or may reasonably be expected to be involved in the
				decision making process of the contested case shall make or knowingly cause to
				be made an ex parte communication to any party in a contested case or other
				person outside the Department having an interest in the contested
				case.
6-002.02C
Investigators
: Neither the Director nor any employee
				engaged in the investigation or enforcement of a contested case shall make or
				knowingly cause to be made an ex parte communication to a hearing officer or
				the Director or employee who is or may reasonably be expected to be involved in
				the decision making process of the contested case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT › Section 465-6-003 - Intervention in a Contested Case

Current through June 17, 2024
003.01
Intervention
				Allowed:
Intervention in a contested case shall be allowed when the
				  following requirements are met:
1. A
				petition for intervention must be submitted in writing to the hearing officer
				or designee at least five days before the hearing. Copies must be mailed by the
				petitioner for intervention to all parties named in the hearing officer's
				notice of the hearing.
2. The
				petition must state facts demonstrating that the petitioner's legal rights,
				duties, privileges, immunities, or other legal interests may be substantially
				affected by the proceeding or that the petitioner qualifies as an intervenor
				under any provision of law.
3. The
				hearing officer or designee must determine that the interests of justice and
				the orderly and prompt conduct of the proceedings will not be impaired by
				allowing the intervention.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT › Section 465-6-004 - Commencement of a Contested Case

Current through June 17, 2024
004.01
Filing of Petition and
				Request for Hearing:
The contested case begins with the filing of a petition and
				  request for hearing, if applicable, with the Department. The petition is the
				  initial document filed by or with the Department that sets forth a claim and
				  request for Department action or appeal from Department action or inaction.
				  Form DA-6, "Notice and Petition for Fair Hearing," is available for filing an
				  appeal to anyone who requests it at any office of the Department. (The Food
				  Stamp Program uses notices with a tear-off section which may be used instead of
				  Form DA-6.) Staff shall make every effort to help an individual who wishes to
				  file an appeal. An individual's request for a hearing may also be made in the
				  form of an simple letter or written request to the Department, provided the
				  request identifies the basis for appeal.
The individual's request for a hearing is made to the
				  Director of the Department of Social Services and forwarded to the attention of
				  the Legal Services Division.
004.02
Parties to a Contested
				Case:
The parties to a contested case shall be the petitioner or
				  person by whom a contested case is brought and the Department or other decision
				  maker whose decision is subject to appeal or a person or party granted leave to
				  intervene.
A party may appear on his or her own behalf in a contested
				  case proceeding or may be represented by an attorney or other representative as
				  permitted by law.
004.03
Pleadings in a Contested Case:
The pleadings in a contested case may include a petition,
				  answer, reply, notice, motion, stipulation, objection or order or other formal
				  written document filed in a proceeding before the Department. Except when
				  pleadings are filed by a pro se party or non-attorney representative, any
				  pleading filed in a contested case shall meet the following
				  requirements:
1. The pleading shall
				contain a heading specifying the name of the Department of Social Services and
				the title or nature of the pleading, shall state material factual allegations
				and state concisely the action the Department is being requested to take, shall
				contain the name and address of the petitioner, and shall be signed by the
				party filing the pleading, or when represented by an attorney, the signature of
				that attorney. Attorneys shall also include their address, telephone number and
				bar number. The initial petition shall also contain the name and address of the
				respondent.
2. All formal pleadings
				shall be made on white, letter-sized (8* x 11) paper and shall be legibly
				typewritten, photostatically reproduced, printed or handwritten. If
				handwritten, a pleading must be written in ink or on Form DA-6.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT › Section 465-6-005 - Hearing Officer; Criteria

Current through June 17, 2024
The Director may delegate to a hearing officer the functions
				  of conducting a prehearing conference and/or a hearing and submitting a
				  recommended decision to the Director of Social Services.
A person who has served as investigator, prosecutor, or
				  advocate in a contested case or in its prehearing stage may not serve as
				  hearing officer or assist or advise a hearing officer in the same proceeding
				  unless all parties consent.
A person who is subject to the authority, direction, or
				  discretion of one who has served as investigator, prosecutor, or advocate in a
				  contested case or in its prehearing stage may not serve as hearing officer or
				  advise a hearing officer in the same proceeding unless all parties
				  consent.
If all parties consent, a person who has served as, or who is
				  subject to the authority, direction, or discretion of one who has served as
				  investigator, prosecutor, or advocate in a contested case or in its prehearing
				  stage may assist a hearing officer in the preparation of orders.
A person who has participated in a determination of probable
				  cause or other equivalent preliminary determination in a contested case may
				  serve as hearing officer or assist or advise a hearing officer in the same
				  proceeding.
A person may serve as hearing officer at successive stages of
				  the same contested case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT › Section 465-6-007 - Conducting a Contested Case Hearing

Current through June 17, 2024
007.01
The Hearing
				Officer:
The hearing officer is designated by, and acts on behalf of,
				  the Director.
6-007.01A
General Duties of the Hearing Officer
: The hearing
				officer has three primary duties:
1. To help
				all persons who testify at the hearing to present their evidence as completely
				and accurately as possible;
2. To
				keep the hearing orderly and to the point by excluding and discouraging
				evidence which is irrelevant. The hearing officer should not answer questions
				which have no bearing on the appeal; and
3. To complete a record of the hearing which
				contains sufficient evidence to enable the Director to make a decision.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT › Section 465-6-008 - Decision and Order in a Contested Case

Current through June 17, 2024
008.01
Summary
				Disposition:
The Department may on its own motion summarily dismiss any
				  appeal for the following reasons:
1.
				The appeal is not timely filed as shown by Department records; and/or
2. The appeal raises no appealable issue as
				provided by law.
Any Department records relied upon for a summary dismissal
				  shall be attached to the Order of Dismissal and shall become part of the record
				  of the proceedings.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 465 - INTRODUCTION TO THE PROGRAM MANUAL › Chapter 6 - PRACTICE AND PROCEDURE FOR HEARINGS IN CONTESTED CASES BEFORE THE DEPARTMENT › Section 465-6-009 - Appeals

Current through June 17, 2024
Any person aggrieved by a final decision in a contested case
				  is entitled to judicial review under the Administrative Procedure Act or to
				  resort to such other means of review as may be provided by law.
Parties desiring to appeal a Department decision must file a
				  petition for review in the district court of the county where the Department
				  action is taken within 30 days after the service of the final decision by the
				  Department. The 30-day period for appeal commences to run from the date of
				  mailing of the notice of order and decision to the parties or their attorneys
				  of record. Service of the petition and summons must be made in accordance with
				  Nebraska law.
Unless otherwise provided by statute, the procedures of
Neb. Rev. Stat
. * 84-917 govern the procedure for
				  taking an appeal.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 1 - GENERAL BACKGROUND › Section 466-1-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for child support
				  enforcement and participation in federal funding by the state. The Department
				  of Health and Human Services is designated as the agency that is responsible
				  for the administration of the Child Support Enforcement Program and
				  implementing state statutes relating to establishing and enforcing support
				  orders. The Department will administer the program in a manner consistent with
				  the Social Security Act, other applicable laws, and the Title IV-D State
				  Plan.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 1 - GENERAL BACKGROUND › Section 466-1-002 - ORGANIZATION

Current through June 17, 2024
The IV-D Unit (Child Support Enforcement) is the single and
				  separate organizational unit within the Department of Health and Human Services
				  responsible for administering the Child Support Enforcement
				  Program.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 1 - GENERAL BACKGROUND › Section 466-1-003 - IV-D SERVICES AVAILABLE

Current through June 17, 2024
The IV-D services available from the Child Support
				  Enforcement Program include, but are not limited to, those set forth in 45 CFR
				  Part 302, such as the following:
(A)
				Locating parents;
(B) Establishing
				paternity;
(C) Establishing court
				orders for child support;
(D)
				Establishing court orders for medical support;
(E) Enforcing IV-D orders;
(F) Review and modification of support
				order(s); and
(G) Collection and
				distribution of support.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 1 - GENERAL BACKGROUND › Section 466-1-004 - CHILD SUPPORT ENFORCEMENT PROGRAM PARTICIPANTS

Current through June 17, 2024
IV-D services are available to anyone who:
(A) Files an application for services with
				the Department;
(B) Is a non-IV-A
				Medicaid recipient;
(C) Receives
				Temporary Assistance for Needy Families under Title IV-A, foster care under
				Title IV-E, or Medicaid; or
(D) Has
				been receiving IV-D services and is no longer eligible for assistance under
				Title IV-A, Title IV-E foster care, and Medicaid.
004.01
ANNUAL FEE.
Recipients of IV-D services will be assessed an annual fee in the amount
				specified under, and subject to the exemptions contained in, Title IV-D of the
				federal Social Security Act, as amended. Once the minimum amount of support
				required has been collected and disbursed, future payments will be retained by
				the Department until the fee has been paid. The obligor of the support order
				will be given full credit for the entire payment received.
004.01(A)
FEE
				ASSESSMENT.
The annual fee will be assessed each Federal Fiscal
				Year for each IV-D case. Recipients with more than one IV-D case will be
				assessed a fee for each case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 1 - GENERAL BACKGROUND › Section 466-1-005 - ELIGIBILITY FOR FORMER PUBLIC ASSISTANCE RECIPIENTS.

Current through June 17, 2024
Within five (5) days of being notified that a recipient
				  receiving IV-D services is no longer eligible for public assistance, notice is
				  sent to the party that IV-D services will continue unless the party notifies
				  the Department that such services are no longer desired. If there is a debt
				  owed to the state, the case remains open unless it qualifies for case
				  closure.
005.01
MEDICAID
				RECIPIENTS MANDATORY AND OPTIONAL SERVICES.
Medicaid recipients
				must accept support enforcement services related to securing medical support,
				including the establishment of paternity when appropriate. Medicaid recipients
				who are not receiving Aid to Dependent Children (ADC) or foster care assistance
				and do not wish to receive other support enforcement services must notify the
				Department that they are requesting IV-D services that relate only to securing
				medical support.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 2 - DEFINITIONS › Section 466-2-002 - DEFINITIONS

Current through June 17, 2024
For purposes of Title 466 NAC, the following definitions
				  apply.
002.01
DEPARTMENT.
Nebraska Department of Health and Human
				Services.
002.02
FAMILY
				VIOLENCE INDICATOR (FVI).
A designation in the Federal Case
				Registry (FCR) used to prevent disclosure of the location of a custodial party
				or a child believed by the state to be at risk of family violence.
002.03
FEDERAL CASE REGISTRY.
A national database that includes all child support cases handled
				by state child support agencies and all support orders established or modified
				on or after October 1, 1998. It assists states in locating parties that live in
				different states to establish, modify, or enforce child support obligations;
				establish paternity; enforce state law regarding parental kidnapping; and
				establish or enforce child custody or visitation determinations.
002.04
GROSS INCOME.
Income derived from all sources, except all means-tested public assistance
				benefits which include any earned income tax credit and payments received for
				children of prior relationships.
002.05
IV-A.
Title
				IV-A of the Federal Social Security Act.
002.06
IV-B.
Title
				IV-B of the Federal Social Security Act.
002.07
IV-D.
Title
				IV-D of the Federal Social Security Act.
002.08
IV-D AGENCY.
A single organizational unit in a state that has the responsibility for
				administering the State Plan for child support under Title IV-D of the Federal
				Social Security Act.
002.09
IV-D CASE.
A support case in which services are being
				provided by the State's IV-D Agency.
002.10
IV-E.
Title
				IV-E of the Federal Social Security Act.
002.11
NON-IV-D.
A
				case in which no party is receiving IV-D services.
002.12
NON-PUBLIC ASSISTANCE
				(NPA).
The type of IV-D case in which the recipient of IV-D
				services does not receive Aid to Dependent Children (ADC), foster care, or
				Medicaid.
002.13
STATE
				DEBT.
The amount of money owed to the state at the time a family
				leaves public assistance rolls.
002.14
TITLE XIX.
Title XIX of the Federal Social Security Act.
002.15 TITLE XXI. Title XXI of the Federal
				Social Security Act.
002.16
UNREIMBURSED ASSISTANCE.
The cumulative amount of Aid
				to Dependent Children (ADC) benefits or foster care payments made by the State
				since February 1976, minus any support collections received and retained by the
				Department.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for cooperation with
				  support enforcement. This chapter relates to the cooperation requirement and
				  when a person may show good cause for not cooperating.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-002 - COOPERATION REQUIREMENT

Current through June 17, 2024
All Aid to Dependent Children (ADC), Medicaid, and Child Care
				  Subsidy recipients must cooperate in good faith with Child Support Enforcement
				  unless the recipient shows good cause for failing or refusing to do so.
				  Cooperation includes any actions relevant to, or necessary for the achievement
				  of, the following support enforcement objectives, if applicable:
(A) Identification and location of a parent
				or other necessary party;
(B)
				Establishment of paternity;
(C)
				Establishment of a support order;
(D) Enforcement of a support order;
(E) Modification of a support
				order;
(F) Collection and
				distribution of support payments;
(G) Establishment of medical support;
				and
(H) Enforcement of medical
				support.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-003 - RESPONSIBILITIES

Current through June 17, 2024
Cooperation by Aid to Dependent Children (ADC), Medicaid, and
				  Child Care Subsidy recipients includes, but is not limited to:
(A) Appearing or responding when requested to
				provide written or verbal information that is reasonably available to the
				party;
(B) Appearing as a witness
				at judicial or other hearings or proceedings;
(C) Providing information or attesting to the
				lack of information;
(D) Signing
				any necessary legal documents or support enforcement forms;
(E) Paying to the Department any support
				payments received from the obligor or other party after support is
				assigned;
(F) Cooperating with
				genetic testing and otherwise assisting in the establishment of
				paternity;
(G) Identifying and
				providing relevant information about any parties who may be liable for Medicaid
				costs;
(H) Providing dependent
				Social Security Numbers (SSN) when requested;
(I) Providing information about payments made
				directly from any party;
(J)
				Forwarding any payments made for medical expenses to the Department or to the
				health care provider; and
(K)
				Repaying the Department any support incorrectly paid.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-004 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM COOPERATION

Current through June 17, 2024
A natural or adoptive parent must cooperate in good faith
				  with child support enforcement if such parent is receiving Supplemental
				  Nutrition Assistance Program (SNAP) benefits, is living with and exercising
				  parental control over a child under the age of 18, and there is an absent
				  parent. The recipient may claim good cause as an exception to cooperation as
				  set forth in this chapter. Individuals will be notified of this requirement in
				  writing at the time of application and reapplication for continued Supplemental
				  Nutrition Assistance Program (SNAP) benefits.
004.01
DEEMED
				COOPERATION.
If the individual is receiving Temporary Assistance
				for Needy Families (TANF) or Medicaid, or assistance from Nebraska Child
				Support Enforcement, and has already been determined to be cooperating, or has
				been determined to have good cause for not cooperating, the individual is
				considered to be cooperating for Supplemental Nutrition Assistance Program
				(SNAP) purposes.
004.02
REQUIREMENTS AND RESPONSIBILITIES.
The individual must
				cooperate with the State Child Support Agency in establishing paternity of the
				child, and in establishing, modifying, or enforcing a support order with
				respect to the child and the individual.
004.03
FEES FOR SUPPLEMENTAL
				NUTRITION ASSISTANCE PROGRAM (SNAP) RECIPIENTS.
Supplemental
				Nutrition Assistance Program (SNAP) recipients subject to the cooperation
				provisions of this Chapter shall not be required to pay a fee or other cost for
				services provided under Part D of Title IV of the Social Security
				Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-005 - NON-CUSTODIAL PARENT COOPERATION

Current through June 17, 2024
A putative or identified parent who does not live with his
				  or her child who is under the age of 18 must cooperate in good faith with child
				  support enforcement if such parent is receiving Supplemental Nutrition
				  Assistance Program (SNAP) benefits. Individuals will be notified of this
				  requirement in writing at the time of application and reapplication for
				  continued Supplemental Nutrition Assistance Program (SNAP) benefits.
005.01
INDIVIDUAL
				DISQUALIFICATION.
If the Department determines that the
				noncustodial parent has refused to cooperate, then that individual shall be
				ineligible to participate in the Supplemental Nutrition Assistance Program
				(SNAP). Refusal to cooperate is when an individual has demonstrated an
				unwillingness to cooperate as opposed to an inability to cooperate.
005.02
DEEMED
				COOPERATION.
If the individual is receiving Temporary Assistance
				for Needy Families (TANF) or Medicaid, or assistance from Nebraska Child
				Support Enforcement, and has already been determined to be cooperating, or the
				Department has determined an exception applies under
				7 CFR
				273.11 for not cooperating, the individual is
				considered to be cooperating for Supplemental Nutrition Assistance Program
				(SNAP) purposes.
005.03
REQUIREMENTS AND RESPONSIBILITIES.
The individual must
				cooperate with the State Child Support Agency in establishing paternity of the
				child, and in establishing, modifying, or enforcing a support order with
				respect to the child and the individual.
005.04
FEES FOR SUPPLEMENTAL
				NUTRITION ASSISTANCE PROGRAM (SNAP) RECIPIENTS.
Supplemental
				Nutrition Assistance Program (SNAP) recipients subject to the cooperation
				provisions of this Chapter shall not be required to pay a fee or other cost for
				services provided under Part D of Title IV of the Social Security
				Act.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-006 - GOOD CAUSE

Current through June 17, 2024
In order to show good cause for failing or refusing to
				  cooperate, a recipient must demonstrate that:
(A) Cooperation is likely to result in
				physical or emotional harm to the child;
(B) Cooperation is likely to result in
				physical or emotional harm to the custodial party with whom the child is living
				which reduces the capacity to care for the child adequately;
(C) The child was conceived as a result of
				incest or forcible rape;
(D) Court
				proceedings are pending for the adoption of the child except in the case of
				stepparent adoption; or
(E) The
				custodial party is contemplating placing the child for adoption and has been
				working with an agency for this purpose not more than three months.
006.01
NOTICE OF GOOD
				CAUSE.
Upon receiving notice of a claim of good cause for failure
				to cooperate, all activities to establish paternity or secure support will be
				suspended until the Department makes a final determination whether good cause
				exists.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-007 - CORRABORATING EVIDENCE

Current through June 17, 2024
Within 20 days of claiming good cause for failing or refusing
				  to cooperate, a recipient must provide corroborating evidence. Additional time
				  may be granted in the sole discretion of the Department. Corroborating evidence
				  includes, but is not limited to:
(A)
				Birth certificates, medical records, or law enforcement records that indicate
				that the child was conceived as the result of incest or forcible
				rape;
(B) Court documents or other
				records that indicate that legal proceedings for adoption are
				pending;
(C) Court, medical,
				criminal, child protective services, social services, psychological, or law
				enforcement records that indicate that the alleged father or noncustodial party
				might inflict physical or emotional harm upon the custodial party or the
				child;
(D) Medical records that
				indicate emotional health history and present emotional health status of the
				custodial party or the child, or written statements from a mental health
				professional indicating a diagnosis or prognosis concerning the emotional
				health of the custodial party or the child;
(E) A written statement from a public or
				private agency confirming that the custodial party is being assisted in
				resolving the issue of whether to give up the child for adoption; or
(F) Sworn statements from individuals,
				including but not limited to, friends, neighbors, relatives, clergy, social
				workers, and medical professionals who might have knowledge of the
				circumstances providing the basis of the good cause claim.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-008 - DETERMINATION OF GOOD CAUSE

Current through June 17, 2024
The recipient will be notified in writing whether the
				  Department has determined good cause exists. As long as good cause exists, no
				  actions will be taken to establish paternity or secure support unless the
				  Department determines that support enforcement may proceed without the
				  participation of the recipient, caretaker, or other relative. If such a
				  determination is made, the recipient, caretaker, or other relative will not be
				  required to be involved with any undertaking to establish paternity or secure
				  support.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-009 - EFFECT OF GOOD CAUSE DETERMINATION

Current through June 17, 2024
The good cause determination extends to all parties involved
				  in the case. If the Department determines that good cause exists, IV-D services
				  will not be provided to any party to the case unless the Department determines
				  that support enforcement may proceed without the participation of the
				  recipient, caretaker, or other relative who showed good
				  cause.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 3 - COOPERATION AND GOOD CAUSE › Section 466-3-010 - SANCTIONS FOR FAILURE TO COOPERATE

Current through June 17, 2024
Failure to cooperate in good faith can result in sanctions
				  being imposed by the Department relating to receiving public assistance,
				  discontinuation of IV-D services, or both.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 4 - CASE INITIATION AND CLOSURE › Section 466-4-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for child support
				  enforcement. This chapter pertains to establishing and closing a support
				  enforcement case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 4 - CASE INITIATION AND CLOSURE › Section 466-4-002 - CASE ESTABLISHMENT AND MAINTENANCE OF CASE RECORDS

Current through June 17, 2024
Applications for child support services are readily
				  accessible to the public and will be provided, received, and processed within
				  the timeframes and pursuant to the requirements of Title IV-D of the Social
				  Security Act and
				  45 CFR
				  §
										303.2. Within such timeframes, a case
				  will be opened by establishing a case record and the case will be assessed to
				  determine necessary action such as soliciting and verifying relevant
				  information and making location attempts. The case record will be supplemented
				  with information and documents pertaining to the case as well as all relevant
				  facts, dates, actions taken, contacts made, and results in a
				  case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 4 - CASE INITIATION AND CLOSURE › Section 466-4-003 - CASE CLOSURE

Current through June 17, 2024
The Department may close a case if the case meets at least
				  one of the criteria set forth in
				  45 CFR §
										303.11 and supporting documentation for the
				  case closure decision is maintained in the case record. If case closure is
				  mandatory under
				  45 CFR §
										303.11, the case will be closed after
				  supporting documentation is obtained and maintained in the case
				  file.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 4 - CASE INITIATION AND CLOSURE › Section 466-4-004 - NOTICE OF CLOSURE

Current through June 17, 2024
Notice of case closure will be provided as set forth in
				  45 CFR §
										303.11. If the case is closed, the former
				  recipient of services may request at a later date that the case be reopened if
				  there is a change in circumstances that could lead to the establishment of
				  paternity, establishment of a support order, or the enforcement of an order. A
				  new application for IV-D services and any applicable application fee is
				  required to reopen a case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 4 - CASE INITIATION AND CLOSURE › Section 466-4-005 - ELECTRONIC NOTICE

Current through June 17, 2024
If the recipient of services specifically authorizes consent
				  for electronic notifications, the Department may elect to notify the recipient
				  of services electronically of the intent to close the case. Documentation of
				  the recipient's consent will be maintained in the case
				  record.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 4 - CASE INITIATION AND CLOSURE › Section 466-4-006 - REQUIREMENTS FOR KEEPING A CASE OPEN

Current through June 17, 2024
The case will not be closed if:
(A) Contact is reestablished with the
				custodial party if inability to contact the party was the reason for closure;
				or
(B) The recipient of services or
				an initiating agency supplies information in response to the notice which could
				lead to the establishment of paternity, establishment of a support order, or
				enforcement of a support order.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 4 - CASE INITIATION AND CLOSURE › Section 466-4-007 - RETENTION OF CASE RECORDS

Current through June 17, 2024
Records will be retained in accordance with the applicable
				  Department records retention and disposition schedule but not less than the
				  period required under
				  45 CFR
				  303.11 and 45 CFR 75.361.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 5 - LOCATION › Section 466-5-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for child support
				  enforcement. This chapter pertains to locating parties, sources of income, and
				  assets in order to take appropriate action in a Title IV-D
				  case.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 5 - LOCATION › Section 466-5-002 - LOCATION OF PARTIES, SOURCES OF INCOME, AND ASSETS

Current through June 17, 2024
For all IV-D cases the Department will attempt to locate
				  necessary parties, sources of income, and assets when location is needed to
				  take a necessary action. The Department will comply with the requirements and
				  standards set forth in
				  45 CFR
				  303.3.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 5 - LOCATION › Section 466-5-003 - LOCATION TIMEFRAMES AND REPEATED ATTEMPTS

Current through June 17, 2024
Available location sources, including any appropriate
				  requests to the Federal Parent Locator Service (FPLS) of the U. S. Department
				  of Health and Human Services will be accessed within 75 calendar days of
				  determining that location action is necessary. The Department will repeat
				  location attempts in cases in which previous attempts to locate parties,
				  sources of income, or assets have failed but adequate identifying and other
				  information exists to meet requirements for submittal for location. Attempts
				  will be either quarterly or immediately upon receipt of new information which
				  may aid in location, whichever occurs sooner. Quarterly attempts may be limited
				  to automated sources but will include accessing state workforce
				  files.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 5 - LOCATION › Section 466-5-005 - NEBRASKA STATE DIRECTORY OF NEW HIRES (SDNH)

Current through June 17, 2024
The Department has established and operates the Nebraska
				  State Directory of New Hires. Employers are required to report the hire or
				  rehire of employees pursuant to the Nebraska New Hire Reporting Act.
005.01
CRITERIA TO REPORT
				INDEPENDENT CONTRACTORS.
Employers are required to report
				independent contractors to the State Directory of New Hires (SDNH) if the
				following criteria are met.
(A) The
				independent contractor is 18 years of age or older;
(B) The independent contractor is an
				individual, sole shareholder of a corporation, or sole member of a limited
				liability company; and
(C) The
				employer paid or expects to pay during the year to the independent contractor
				an amount reportable to the Internal Revenue Service (IRS) on Federal Form
				1099.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 6 - PATERNITY ESTABLISHMENT › Section 466-6-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for the establishment of
				  paternity and support orders. This chapter relates to the establishment of
				  paternity.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 6 - PATERNITY ESTABLISHMENT › Section 466-6-002 - GENETIC TESTING

Current through June 17, 2024
In accordance with applicable federal and state law, the
				  Department identifies and uses laboratories which perform, at reasonable costs,
				  legally and medically accepted genetic tests and makes a list of such
				  laboratories available upon request. In paternity actions brought or intervened
				  in by the state, the state initially pays for testing when performed by any
				  blood testing lab under contract with the Department or a lab used in an
				  intergovernmental action in which Nebraska is the initiating state. If the
				  result of genetic testing is disputed, additional testing may be done at the
				  expense of the party requesting additional testing.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 6 - PATERNITY ESTABLISHMENT › Section 466-6-003 - REIMBURSEMENT OF STATE COSTS

Current through June 17, 2024
A reasonable fee for genetic tests may be charged to any
				  individual who is not a recipient of public assistance not to exceed the actual
				  costs of genetic testing.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 6 - PATERNITY ESTABLISHMENT › Section 466-6-004 - VOLUNTARY PATERNITY ACKNOWLEDGEMENT

Current through June 17, 2024
In addition to any requirement contained in applicable state
				  statutes, the Department, hospitals, local birth record agencies, and all other
				  entities participating in voluntary paternity acknowledgement for children born
				  out of wedlock shall provide the following to a child's mother and alleged
				  father, if the alleged father is readily identifiable and available:
(A) Written materials about paternity
				establishment;
(B) The forms
				necessary to voluntarily acknowledge paternity;
(C) Notice, orally or through video or audio
				equipment, and in writing, of the alternatives to, the legal consequences of,
				and the due process rights (including any rights, if a parent is a minor, due
				to minority status) and responsibilities of acknowledging paternity;
(D) The opportunity to speak with staff,
				either by telephone or in person, who are trained to clarify information and
				answer questions about paternity establishment; and
(E) The opportunity to voluntarily
				acknowledge paternity on site.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 6 - PATERNITY ESTABLISHMENT › Section 466-6-005 - FILING FORMS AND DECREES WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Current through June 17, 2024
Voluntary acknowledgements and adjudications of paternity by
				  judicial or administrative processes shall be filed with the Department of
				  Health and Human Services.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 8 - REVIEW AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 466-8-001 - SCOPE AND AUTHORITY

Current through June 17, 2024
Part D of Title IV of the Social Security Act and other
				  federal laws and regulations set forth requirements for child support
				  enforcement. This chapter pertains to the review and modification of child
				  support orders.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 8 - REVIEW AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 466-8-002 - NOTICE OF RIGHT TO REQUEST A REVIEW

Current through June 17, 2024
At least once every three years, the Department will notify
				  each party subject to a IV-D child support order in Nebraska of the right to
				  request a review of the order and the appropriate place and manner in which the
				  request should be made.
Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 466 - CHILD SUPPORT ENFORCEMENT PROGRAM › Chapter 8 - REVIEW AND MODIFICATION OF CHILD SUPPORT ORDERS › Section 466-8-003 - CRITERIA FOR A REVIEW

Current through June 17, 2024
All Nebraska IV-D court orders or foreign orders registered
				  under the Uniform Interstate Family Support Act (UIFSA) or the Revised Uniform
				  Reciprocal Enforcement of Support Act (RURESA) in Nebraska are eligible for a
				  review for possible modification of the child support amount and inclusion of
				  health care coverage if the following criteria are met:
(A) The order is for current
				support;
(B) The order is an active
				Nebraska order;
(C) Nebraska
				maintains continuing exclusive jurisdiction under the Uniform Interstate Family
				Support Act (UIFSA) or is the proper state to acquire continuing exclusive
				jurisdiction under the Uniform Interstate Family Support Act (UIFSA) for the
				support order;
(D) At least one
				party resides in Nebraska;
(E) The
				location of all parties involved is known;
(F) The noncustodial party is not
				institutionalized;
(G) The order is
				not a Tribal order;
(H) The
				youngest child in the order will not reach the age of majority within the next
				12 months;
(I) The order is not
				registered for income withholding only; and
(J) The order does not require a change in
				custody to effectuate the modification of support.
003.01
FREQUENCY OF REQUEST FOR
				REVIEW.
Child support orders in cases in which a party has applied
				for services under Title IV-D of the federal Social Security Act, shall be
				reviewed by the Department to determine whether to refer such orders to the
				county attorney or authorized attorney for filing of an application for
				modification in accordance with Neb. Rev. Stat. §
										43-512.12
				through §
										43-512.18.
003.01(A)
REVIEW
				CLOSED.
If a party requests a review and if at any time during the
				review process the review criteria are not met, the request for review will be
				closed and the requesting party will be notified that the order is no longer
				eligible for review.
003.01(B)
GOOD CAUSE.
The Department will not conduct a review
				of an order in cases where the support has been assigned to the State, the
				custodial party is exempt from cooperation for good cause, and the Department
				has determined it would not be in the best interest of the child or custodial
				party to pursue a modification.