North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-12.1 - Incentive payments

Current through Supplement No. 393, July, 2024
1. Except as
				otherwise provided in subsections 5 and 6, twenty-five percent of the total
				amount of incentive payments available for distribution under North Dakota
				Century Code section
				50-03-10 must be retained by the
				agency and seventy-five percent must be paid to the counties participating in
				the costs of the statewide program as provided in this section.
2.
(Effective through December 31,
				2007)
Eighty percent of the county portion of incentive payments will be
				distributed to the regional units based on federal performance measures and
				section 75-02-04-12. For distributions
				during calendar year 2006, one-third of the amount distributed under this
				subsection will be based on federal performance measures and two-thirds will be
				distributed under section
				75-02-04-12. For distributions
				during calendar year 2007, two-thirds of the amount distributed under this
				subsection will be based on federal performance measures and one-third will be
				distributed under section
				75-02-04-12. Twenty percent of the
				county portion of incentive payments shall be distributed as performance
				incentives under subsection 3.
(Effective beginning January 1, 2008)
Eighty
				  percent of the county portion of incentive payments will be distributed to the
				  regional units based on federal performance measures. Twenty percent of the
				  county portion of incentive payments shall be distributed as performance
				  incentives under subsection 3.
3. The total amount of performance incentives
				available for distribution under this subsection will be allocated among all
				applicable federal performance measures by weight. Any increase in a regional
				unit's performance from the prior year on each measure will be multiplied by
				the regional unit's pro rata share of the state's total caseload or collections
				to determine the regional unit's proportionate share of the incentives
				distributed for that measure.
4.
				The agency may retain up to twenty percent of the amounts payable to a regional
				unit under this section, in increments of five percent per notice, if the
				agency determines that people do not receive a level of service from the
				regional unit that is substantially similar to the level of service provided by
				other regional units to similarly situated people. As used in this subsection,
				"level of service" means the manner in which a regional unit provides services
				in child support cases and does not include the overall performance of a
				regional unit on a federal performance measure. Prior to retaining funds under
				this subsection, the agency must notify the affected regional unit in writing
				of the inconsistent level of service and issue a directive under North Dakota
				Century Code section
				50-09-02 indicating the steps
				needed to resolve the inconsistency. A regional unit that complies with the
				directive within thirty days of the date the notice was mailed, or any longer
				period authorized by the agency, will receive the retained funds. If the
				directive is not honored within this period, the retained funds will not be
				distributed to the regional unit.
5. The agency shall hold any funds withheld
				under subsection 4 until the fourth notice of inconsistency has been issued and
				the time has expired for the regional unit to comply with the directive in the
				notice. If the regional unit does not comply with the directive in the fourth
				notice, the agency shall distribute the retained funds to other regional units
				or continue holding the funds on behalf of the regional unit until it complies
				with the directive.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 50-03-10,
					 50-09-15.1,
					 50-09-33,
					 50-09-34;
					 42 USC
					 658 a; 42 CFR Part
					 305