reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.1 - Eligibility for Medicaid › Section 75-02-02.1-41.2 - Budgeting

Current through Supplement No. 393, July, 2024
1.
Definitions.
For purposes of this section:
a. "Base month" means the calendar month
				prior to the processing month.
b.
				"Benefit month" means the calendar month for which eligibility and recipient
				liability is being computed.
c.
				"Best estimate" means an income, expense, or circumstance prediction based on
				past amounts of income and expenses and known factual information concerning
				future circumstances which affect eligibility, expenses to be incurred; or
				income to be received in the benefit month. Factual information concerning
				future circumstances must be based on information by which the applicant or
				recipient demonstrates known changes or highly probable changes to the income,
				expenses, or circumstances which offset eligibility, from the base month to the
				benefit month.
d. "Processing
				month" means the month between the base month and the benefit month.
e. "Prospective budgeting" means computation
				of a household's eligibility and recipient liability based on the best estimate
				of income, expenses, and circumstances for a benefit month.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.1 - Eligibility for Medicaid › Section 75-02-02.1-43 - Payment for services by attorney-in-fact

Current through Supplement No. 393, July, 2024
1. For purposes of determining an
				individual's eligibility under this chapter, if payment is made by the
				individual to the individual's attorney-in-fact for services or assistance
				furnished to the individual by the attorney-in-fact, the department may not
				treat the services or assistance furnished as consideration for the transferred
				income or asset unless:
a.
(1) The payment is made pursuant to a valid
				written contract entered between the individual and the attorney-in-fact prior
				to the attorney-in-fact rendering the services;
(2) The contract was executed by the
				individual or the individual's fiduciary who is not the provider or services or
				assistance under the contract;
(3)
				Compensation is reasonable and consistent with rates paid in the open market
				for the services actually provided; and
(4) The services are necessary and
				reasonable; or
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.1 - Eligibility for Medicaid › Section 75-02-02.1-44 - Children's health insurance program

Current through Supplement No. 393, July, 2024
1.
Eligibility criteria.
a.
				Children ages birth through eighteen years of age are eligible for plan
				coverage provided all other eligibility criteria are met. Coverage for children
				who are eighteen years of age will continue through the last day of the month
				in which the child turns nineteen years of age.
b. A child who has current creditable health
				insurance coverage or has coverage, which is available at no cost, as defined
				in section 2701 (c) of the Public Health Service Act [42 U.S.C.
				300gg(c)] is not eligible
				for plan coverage.
c. If the
				department estimates available funds are insufficient to allow plan coverage
				for additional applicants, the department may take any action appropriate to
				avoid commitment of funds in excess of available funds, including denying
				applications and establishing waiting lists not forbidden by title XXI of the
				Social Security Act [42
				U.S.C. section 1397aa et seq.] or regulations
				adopted thereunder. If federal children's health insurance program funding
				decreases, the department may decrease the income eligibility limit to
				accommodate the decrease in federal funding.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-01

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-29
Law Implemented:
NDCC
					 50-29-01;
					 42 USC
					 1396 a(e),
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-02

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-29
Law Implemented:
NDCC
					 50-29-02;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-03

Current through Supplement No. 393, July, 2024
General Authority: NDCC 50-29
Law Implemented: NDCC
					 50-29-03;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC 50-29
Law Implemented: NDCC
					 50-29-02;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-06.1

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-29
Law Implemented:
NDCC
					 50-24.1-37, 50-29;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-06.2

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-29-02
Law Implemented:
NDCC 50-29;
					 42 USC
					 1396 a(e),
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-07

Current through Supplement No. 393, July, 2024
General Authority: NDCC 50-29
Law Implemented: NDCC 50-29;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-08

Current through Supplement No. 393, July, 2024
General Authority: NDCC 50-29
Law Implemented: NDCC 50-29;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-09

Current through Supplement No. 393, July, 2024
General Authority: NDCC 50-29
Law Implemented: NDCC 50-29;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-10

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-29
Law Implemented:
NDCC
					 50-24.1-37, 50-29;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-11

Current through Supplement No. 393, July, 2024
General Authority: NDCC 50-29
Law Implemented: NDCC 50-29;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-12

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-29
Law Implemented:
NDCC
					 50-24.1-37,
					 50-29-02,
					 50-29-04;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-12.1

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-29-02
Law Implemented:
NDCC 50-29;
					 42 USC
					 1396 a(e),
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-12.2

Current through Supplement No. 393, July, 2024
General Authority:
NDCC
					 50-29-02
Law Implemented:
NDCC 50-29;
					 42 USC
					 1396 a(e),
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-13

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-29
Law Implemented:
NDCC
					 50-24.1-37,
					 50-29-02;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-13.1

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-29
Law Implemented:
NDCC
					 50-24.1-37,
					 50-29-02;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-13.2

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-29
Law Implemented:
NDCC
					 50-24.1-37,
					 50-29-02;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-13.3

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 50-29
Law Implemented:
NDCC
					 50-29-01;
					 42 U.S.C.
					 1396 a(e),
					 42 U.S.C.
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-14

Current through Supplement No. 393, July, 2024
General Authority: NDCC 50-29
Law Implemented: NDCC
					 50-29-04;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.2 › Section 75-02-02.2-15

Current through Supplement No. 393, July, 2024
General Authority: NDCC 50-29
Law Implemented: NDCC
					 50-29-04;
					 42 USC
					 1397 aa et
					 seq.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.4 - HOME AND COMMUNITY-BASED SERVICES INFORMED CHOICE REFERRALS › Section 75-02-02.4-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context or subject matter
				  otherwise requires:
1. "Case manager"
				means the individual who coordinates and leads the person-centered planning
				process, and who provides each target population member with information about
				and assistance in accessing home and community-based services.
2. "Community provider" means an individual
				or entity that provides one or more home and community-based services, paid in
				whole or part by the department, to target population members.
3. "Department" means the North Dakota
				department of human services.
4.
				"Home and community-based services" means department-administered long-term
				services and supports that target population members are eligible to receive,
				and which are determined to be necessary through a person-centered planning
				process to serve target population members in the community.
5. "Informed choice" means:
a. The process by which the department
				ensures target population members have an opportunity to make an informed
				decision about where to receive services;
b. A choice made after the department has
				provided virtual or face-to-face person-centered planning and information about
				the benefits of integrated settings; which may include facilitated visits or
				other experiences in such settings; and offered opportunities to meet with
				other individuals with disabilities who are living, working, and receiving
				services in integrated settings, with their families, and with community
				providers; and
c. Making reasonable
				efforts to identify and address any concerns or objections raised by the target
				population member or another relevant decision maker.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.4 - HOME AND COMMUNITY-BASED SERVICES INFORMED CHOICE REFERRALS › Section 75-02-02.4-02 - Informed choice for target population members

Current through Supplement No. 393, July, 2024
The department will work with public and private entities in
				  identifying target population members in order to inform them about home and
				  community-based service options. A public or private entity may not require
				  target population members and their guardians or legal representatives to
				  consent to the referral or sign a release of information before a referral is
				  made. However, target population members and their guardians or legal
				  representatives may refuse to participate in the informed consent process. The
				  target population is comprised of:
1.
				Individuals with physical disabilities who are at serious risk of entering
				nursing facilities to access Medicaid-funded long-term care composed of
				individuals with physical disabilities who:
a.
				Have been referred for a level of care determination screening to access
				nursing facility services and are likely to require long-term services and
				supports;
b. Need services to
				continue living in the community, have impairments that make them likely to
				screen at a nursing facility level of care, and have been determined eligible
				for service payments for the elderly and disabled with less than twenty-five
				thousand dollars in assets; or
c.
				Need home and community-based services to continue living in the community and
				currently have a case management provider or have contacted the North Dakota
				aging and disability resource link; and
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.4 - HOME AND COMMUNITY-BASED SERVICES INFORMED CHOICE REFERRALS › Section 75-02-02.4-03 - Powers and duties of the department

Current through Supplement No. 393, July, 2024
The department has the following powers and duties under this
				  chapter:
1. To assign a case manager
				to complete the informed choice process.
2. To provide information through a
				person-centered planning process led by the case manager to target population
				members and their guardians or legal representatives about home and
				community-based service options and the benefits of integrated
				settings.
3. To ask target
				population members or their guardians or legal representatives to provide
				written or verbal confirmation that they received information through a
				person-centered planning process, or that they waive their right to receive
				such information. The department shall retain documentation of the consent or
				waiver.
4. To determine and develop
				the type of information necessary to provide the target population members or
				their guardians or legal representatives with an opportunity to decide whether
				they oppose receiving services in the least integrated setting appropriate to
				meet their needs.
5. To provide
				information about transition supports that may be available to target
				population members already receiving services in a nursing facility who do not
				oppose receiving services in the community.
6. To not unnecessarily delay the hospital
				discharge or nursing facility admission process of target population members if
				an appropriate referral has been made by a public or private entity to the
				North Dakota aging and disability resource link or through the request for a
				level of care determination no later than the day a request for a nursing
				facility level of care determination is submitted for approval.
7. To assist target population members in
				accessing home and community-based services if the target population member or
				their guardian or legal representative do not oppose receiving services in the
				community and services are appropriate to meet their needs.
8. To not impede any decision made to receive
				services in a nursing facility for those target population members or their
				guardians or legal representatives who determine after receiving information
				about home and community-based options to receive or continue to receive
				services in a nursing facility.
General Authority:
NDCC 50-06-16,
					 50-06.2-03(6)
Law Implemented:
S.L.
					 2019, ch. 37,
					 §
												44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.4 - HOME AND COMMUNITY-BASED SERVICES INFORMED CHOICE REFERRALS › Section 75-02-02.4-04 - Powers and duties of public and private entities

Current through Supplement No. 393, July, 2024
Public and private entities enrolled as North Dakota Medicaid
				  providers have the following powers and duties to assist the department in
				  identifying target population members and informing target population members
				  about home and community-based service options:
1. To make a referral in a form and manner
				determined by the department to the North Dakota aging and disability resource
				link or through the request for a level of care determination for all target
				population members and their guardians or legal representatives who formally
				request or are referred for placement in a nursing facility or who are screened
				for a continued stay in a nursing facility. Nursing facility level of care
				screening determinations will not be made for target population members unless
				an appropriate referral has been submitted to the aging and disability resource
				link or through the request for a level of care determination.
2. To make a referral as soon as the target
				population member or their guardian or legal representative formally requests
				or is referred for placement in a nursing facility but no later than the day
				when a nursing facility level of care is submitted for approval.
3. To inform target population members, or
				their guardians or legal representatives, in a form and manner determined by
				the department, that a referral to complete the informed choice process must be
				made.
4. To afford case managers
				full access to target population members who are residing in or currently
				admitted to their facility to complete the informed choice process.
5. To not prevent or impede the informed
				consent process or attempt to influence in any way the decision of a target
				population member or their guardian or legal representative to receive services
				in the most integrated setting appropriate to meet their needs.
General Authority:
NDCC 50-06-16,
					 50-06.2-03(6)
Law Implemented:
S.L.
					 2019, ch. 37,
					 §
												44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.4 - HOME AND COMMUNITY-BASED SERVICES INFORMED CHOICE REFERRALS › Section 75-02-02.4-05 - Service availability

Current through Supplement No. 393, July, 2024
The extent to which appropriate services other than informed
				  consent services are available to target population members are dependent upon
				  legislative appropriations and resources. Eligibility for informed consent
				  services does not create an entitlement to services other than information
				  about home and community-based service options if resources are not
				  available.
General Authority:
NDCC 50-06-16,
					 50-06.2-03(6)
Law Implemented:
S.L.
					 2019, ch. 37,
					 §
												44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-02.4 - HOME AND COMMUNITY-BASED SERVICES INFORMED CHOICE REFERRALS › Section 75-02-02.4-06 - Disclosure

Current through Supplement No. 393, July, 2024
Public and private entities may disclose target population
				  members individually identifiable health information to the department or its
				  contractors for referral purposes and the disclosure is a disclosure for
				  treatment, including the provision, coordination, and management of health
				  care.
General Authority:
NDCC 50-06-16,
					 50-06.2-03(6)
Law Implemented:
S.L.
					 2019, ch. 37,
					 §
												44
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Agency" means the single and separate organization unit
				  within the North Dakota department of human services responsible for the
				  administration of the North Dakota state plan under title IV-D of the Social
				  Security Act, as amended [ 42 U.S.C. 651 et seq.].
2. "Program" means the child support enforcement program
				  under title IV-D of the Social Security Act, as amended [
				  42 U.S.C.
				  651 et seq.].
3. "Regional unit" means one of the various local child
				  support enforcement offices which have been established either pursuant to a
				  joint exercise of governmental power by the various counties within a
				  particular area in this state, or by a purchase of service agreement, for the
				  purpose of performing the functions and assuming the responsibilities which
				  have been delegated by the agency or prescribed by state or federal law.
4. "State plan" means the comprehensive statement, submitted
				  by the agency and approved by the department of health and human services
				  regional office of child support enforcement, which describes the nature and
				  scope of the program in this state, including assurances that the program will
				  be administered in conformity with title IV-D of the Social Security Act, as
				  amended [ 42 U.S.C.
				  651 et seq.], the rules and regulations
				  promulgated thereunder, and all applicable official issuances of the department
				  of health and human services.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 50-09-03;
					 45 CFR
					 301.1
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-01.1 - Purpose

Current through Supplement No. 393, July, 2024
This chapter is necessary to comply with federal regulations
				  promulgated under title IV-D of the Social Security Act, as amended [
				  42 U.S.C.
				  651 et seq.], which require that there be an
				  organizational structure and staff to provide for the administration and
				  supervision of child support functions on a statewide basis in accordance with
				  equitable standards for administration that are mandatory throughout the state,
				  and to accomplish the purpose, goals, and objectives as specified therein.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 50-09-02; 45 CFR Part
					 302
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-02 - Organization

Current through Supplement No. 393, July, 2024
The agency shall consist of a central office located in
				  Bismarck, regional units located in Bismarck, Devils Lake, Dickinson, Fargo,
				  Grand Forks, Jamestown, Minot, and Williston, and such other locations as may
				  be necessary for the proper and efficient operation of the plan.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 50-09-02;
					 45 CFR
					 302.12
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-03 - Authority

Current through Supplement No. 393, July, 2024
1. For all children who are eligible for the
				services under the state plan, the agency shall, when necessary, establish
				paternity, locate the absent parent or parents legally liable for the support
				of the child or children, and secure support for the child or children.
2. The agency is authorized to:
a. Enter into cooperative agreements with any
				state or local agency or official to perform the functions under the state
				plan.
b. Purchase services from
				any attorney, person, or public or private agency to perform the functions
				under the state plan.
c. Enter
				into written agreements or cooperative arrangements with appropriate courts,
				law enforcement agencies, or tribal councils, including a single official who
				has the legal authority to enter into such cooperative agreements on behalf of
				such courts, agencies, or tribal councils.
d. Cooperate with any other state in
				establishing paternity, locating an absent parent who may be present in this
				state, or in securing compliance by an absent parent who is present in this
				state with an order issued by a court of such other state.
e. Establish and operate a parent locator
				service and accept requests to utilize the federal parent locator service.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-05 - Eligibility for services

Current through Supplement No. 393, July, 2024
1. Any
				person receiving benefits under the aid to families with dependent children
				program or who, upon request for child support enforcement services, would be
				eligible to receive benefits under such program if application were made, shall
				not be assessed a charge for the services provided by the agency or regional
				unit.
2. Upon application, the
				agency or regional unit shall provide child support collection, location, and
				paternity determination services to any individual who is not a recipient of or
				otherwise eligible for benefits under the aid to families with dependent
				children program.
3. The agency or
				regional unit shall advise these individuals at the time of application that
				the administrative costs incurred pursuant to the services rendered may be
				deducted from the amount recovered in the event the legislative appropriation
				for such services is insufficient to defray such costs.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 50-09-06;
					 45 CFR
					 302.33
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-05.1 - Filing of copies of documents

Current through Supplement No. 393, July, 2024
The filing of the original acknowledgment of assignment of
				  support rights, assignment of support rights, or non-aid to families with
				  dependent children application for IV-D services, or a duplicate copy thereof,
				  with the office of the clerk of court shall constitute authorization for that
				  office to direct and forward child support collections to the assignee named in
				  the instrument.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 50-09-06; 45 CFR 232.11;
					 45 CFR
					 302.33
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-10 - Cooperative arrangements

Current through Supplement No. 393, July, 2024
The agency shall enter into written agreements for
				  cooperative arrangements with appropriate courts and law enforcement officials
				  for the purpose of assuring the performance of their duties in carrying out the
				  provisions and intent of the child support program. The agreements shall
				  provide for:
1. The exchange of
				pertinent information with courts and law enforcement officials needed in
				locating absent parents, establishing paternity and securing support, including
				the immediate transfer of information obtained from the agency which
				administers the aid to families with dependent children program, to court or
				law enforcement officials, to the extent that such information is relevant to
				the duties to be performed.
2.
				Assistance to the agency in carrying out the program.
3. The investigation and prosecution of fraud
				directly related to paternity and child support.
4. The discharge of each of the statutory
				obligations of each court or law enforcement official relative to the
				establishment of paternity; enforcement and collection of child support
				obligations, specifically with respect to properly referred IV-D cases
				involving children whose eligibility for aid to families with dependent
				children is based upon the continued absence of one or both parents from the
				home, and non-aid to families with dependent children IV-D cases; and the use
				of reciprocal arrangements adopted with other states in appropriate cases.
5. The reimbursement of costs and
				fees to courts and law enforcement officials, for assistance in carrying out
				the program, to the extent permitted by
				45 CFR
				304.21 and
				304.22, and approved by the
				agency.
6. Permitting authorized
				state and federal personnel to monitor all IV-D cases and records in any
				offices performing functions under the agreement.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 50-09-08; 45 CFR Part
					 302
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-13 - Maintenance of records

Current through Supplement No. 393, July, 2024
The agency or regional unit shall maintain those records,
				  necessary for the proper and efficient operation of the plan, required by
				  45 CFR
				  302.15. For all cases in which there is an
				  assignment pursuant to North Dakota Century Code section
				  50-09-06 (except where good cause
				  for refusing to cooperate exists) or where there is an application for
				  services, the agency or regional unit shall establish a case record which shall
				  contain all information collected pertaining to the case. The case record shall
				  include those items required to be maintained by
				  45 CFR
				  303.2.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 50-09-08;
					 45 CFR
					 302.15;
					 45 CFR
					 303.2
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-15 - Assurance of compliance

Current through Supplement No. 393, July, 2024
Any individual, official, or local jurisdiction providing
				  services to or in the administration of the child support enforcement program
				  shall, in writing, assure compliance with federal and state laws and
				  regulations prohibiting discrimination on the basis of the race, color,
				  religion, national origin, sex, political beliefs, handicap, pregnancy, or age
				  of an applicant for a recipient of services; or prohibiting discrimination on
				  the basis of the race, color, religion, national origin, sex, political
				  beliefs, or solely on the basis of handicap, pregnancy, or age of an employee
				  or applicant for employment.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 34-01-17;
					 20 USC
					 1681, et seq.;
					 29 USC
					 201, etseq.;
					 29 USC
					 621, et seq.;
					 29 USC
					 793;
					 29 USC
					 794; 42 USC 2000(d); 42 USC 2000(e); 45 USC
					 6101, et seq.; 5 CFR 900.607; 24 CFR 1; 29 CFR 800; 29 CFR 850; 29 CFR 1600,
					 etseq.; 41 CFR 60-1; 41 CFR 60 - 60; 41 CFR 60 - 471; 45 CFR 80; 45 CFR 84; 45
					 CFR 86; 45 CFR 90
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04 - Child Support Enforcement › Section 75-02-04-16 - Noncompliance

Current through Supplement No. 393, July, 2024
1. The agency shall monitor all phases of the
				program to ensure compliance with all program requirements. Any finding of
				noncompliance by any party to the agreement shall be supported by a written
				report stating the factual basis for the finding of noncompliance. A copy of
				the report shall be provided to the party found not to be in compliance. If the
				party found not to be in compliance makes a written response or requests a
				meeting with the agency, within ten days of receipt of the report, the response
				or the results of the meeting shall be considered in determining the
				appropriate remedial action.
2.
				Appropriate remedial action may include the withholding or termination of all
				funds generated by the program from the party involved. The party affected
				shall receive written notice of the remedial action which the agency will take.
3. Within ten days after notice of
				the remedial action, the party affected may appeal the decision to take
				remedial action. Appeals taken shall be governed by chapter 75-01-03, and the
				appellant shall be treated as a claimant thereunder.
General Authority: NDCC
					 50-09-02
Law Implemented: NDCC
					 50-09-03
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Child" means
				any child, by birth or adoption, to whom a parent owes a duty of
				support.
2. "Child living with the
				obligor" means the obligor's child who lives with the obligor most of the
				year.
3. "Children's benefits"
				means a payment, to or on behalf of a child of the person whose income is being
				determined, made by a government, insurance company, trust, pension fund, or
				similar entity, derivative of the parent's benefits or a result of the
				relationship of parent and child between such person and such child. Children's
				benefits do not mean benefits received from public assistance programs that are
				means tested or provided in the form of subsidy payments made to adoptive
				parents.
4.
a. "Gross income" means income from any
				source, in any form, but does not mean:
(1)
				Benefits received from public assistance programs that are means tested such as
				the temporary assistance for needy families, supplemental security income, and
				supplemental nutrition assistance programs, or that are provided in the form of
				subsidy payments made to adoptive parents;
(2) Employee benefits over which the employee
				does not have significant influence or control over the nature or amount
				unless:
(a) That benefit may be liquidated;
				and
(b) Liquidation of that benefit
				does not result in the employee incurring an income tax
				penalty;
(3) Child
				support payments;
(4) Atypical
				overtime wages or nonrecurring bonuses over which the employee does not have
				significant influence or control;
(5) Overseas housing-related allowances paid
				to an obligor who is in the military to the extent those housing-related
				allowances exceed the housing allowance in effect at the Minot air force
				base;
(6) Nonrecurring capital
				gains; or
(7) Early withdrawals
				from retirement accounts.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-03 - Determination of child support obligation - Split custody or primary residential responsibility

Current through Supplement No. 393, July, 2024
A child support obligation must be determined and
				  specifically ordered for the child or children for whom each parent has primary
				  residential responsibility pursuant to a court order or, if there is no court
				  order, for whom each parent has primary physical custody. The lesser obligation
				  is then subtracted from the greater. The difference is the child support amount
				  owed by the parent with the greater obligation. The offset of child support
				  obligations in this section is for payment purposes only and must be
				  discontinued for any month in which the rights to support of a child for whom
				  the obligation was determined are assigned to a government agency as a
				  condition of receiving public assistance.
General Authority: NDCC
					 50-06-16,
					 50-09-25
Law Implemented: NDCC
					 14-09-09.7,
					 50-09-02(16);
					 42 USC
					 667
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-04

Current through Supplement No. 393, July, 2024
General Authority: NDCC
					 50-06-16,
					 50-09-25
Law Implemented: NDCC
					 14-09-09.7,
					 50-09-02(12);
					 42 USC
					 667
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-05 - Determination of net income from self-employment

Current through Supplement No. 393, July, 2024
1. Net income from self-employment means
				total income, for internal revenue service purposes, of the obligor:
a. Reduced by that amount, if any, of:
(1) That total income that is not the
				obligor's income or that is otherwise included in gross income; and
(2) With respect to a partnership or a small
				business corporation for which an election under
				26 U.S.C. section
				1362(a) is in effect and
				over which the obligor is not able to exercise direct or indirect control to a
				significant extent, that income of the partnership or small business
				corporation which is not available, and has not yet been distributed, to the
				obligor; and
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-06 - Determining the cost of supporting a child living with the obligor

Current through Supplement No. 393, July, 2024
The cost of supporting a child living with the obligor, who
				  is not also a child of the obligee, may be deducted from net income under
				  subsection 4 of section
				  75-02-04.1-06.1 and is determined
				  by applying the obligor's net income and the total number of children living
				  with the obligor, who are not also children of the obligee, to whom the obligor
				  owes a duty of support, to section
				  75-02-04.1-10.
General Authority: NDCC
					 50-06-16,
					 50-09-25
Law Implemented: NDCC
					 14-09-09.7,
					 50-09-02(16);
					 42 USC
					 667
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-06.1 - Determination of support amount in multiple-family cases

Current through Supplement No. 393, July, 2024
1. This section must be used to determine the
				child support amount presumed to be the correct amount of child support in all
				cases involving an obligor who:
a. Owes
				duties of support payable to two or more obligees; or
b. Owes a duty of support to at least one
				obligee and also owes a duty of support to a child living with the obligor who
				is not also the child of that obligee.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-07 - Imputing income based on earning capacity

Current through Supplement No. 393, July, 2024
1. For purposes of
				this section:
a. "Earnings" includes in-kind
				income and amounts received in lieu of actual earnings, such as social security
				benefits, workers' compensation wage replacement benefits, unemployment
				insurance benefits, veterans' benefits, and earned income tax credits;
				and
b. An obligor is
				"underemployed" if the obligor's gross income from earnings is significantly
				less than this state's statewide average earnings for persons with similar work
				history and occupational qualifications.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-08 - Income of spouse

Current through Supplement No. 393, July, 2024
The income and financial circumstances of the spouse of an
				  obligor may not be considered as income for child support purposes unless the
				  spouse's income and financial circumstances are, to a significant extent,
				  subject to control by the obligor as where the obligor is a principal in a
				  business employing the spouse.
General Authority:
NDCC
					 50-06-16,
					 50-09-25
Law Implemented:
NDCC
					 14-09-09.7,
					 50-09-02(12);
					 42 USC
					 667
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-08.1 - Adjustment for extended parenting time

Current through Supplement No. 393, July, 2024
1. For purposes of
				this section, "extended parenting time" means parenting time between an obligor
				and a child living with an obligee scheduled by court order to exceed an annual
				total of one hundred overnights. If a child support order includes an
				adjustment for extended parenting time under this section, the order must
				specify the number of parenting time overnights.
2. Notwithstanding any other provision of
				this chapter and as limited by subsection 3, if a court order provides for
				extended parenting time between an obligor and a child living with an obligee,
				the support obligation presumed to be the correct child support amount due on
				behalf of all children of the obligor living with the obligee must be
				determined under this subsection.
a. Determine
				the amount otherwise due under this chapter from the obligor for those
				children.
b. Divide the amount
				determined under subdivision a by the number of those children.
c. For each child, multiply the number of
				that child's parenting time overnights times .32 and subtract the resulting
				amount from three hundred sixty-five.
d. Divide the result determined under
				subdivision c by three hundred sixty-five.
e. Multiply the amount determined under
				subdivision b times each decimal fraction determined under subdivision
				d.
f. Total all amounts determined
				under subdivision e.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-08.2 - Equal residential responsibility - Determination of child support obligation

Current through Supplement No. 393, July, 2024
A child support obligation must be determined as described in
				  this section in all cases in which a court orders each parent to have equal
				  residential responsibility for their child or children. Equal residential
				  responsibility means each parent has residential responsibility for the child
				  or children for an equal amount of time as determined by the court. If equal
				  residential responsibility is ordered for all the children, a child support
				  obligation for each parent must be calculated under this chapter, and
				  specifically ordered, assuming the other parent has primary residential
				  responsibility for the child or children subject to the equal residential
				  responsibility order. If equal residential responsibility is not ordered for
				  all the children, a child support obligation must be calculated and
				  specifically ordered for each parent for the children for whom the other parent
				  has primary residential responsibility plus the children for whom the parents
				  have equal residential responsibility. The lesser obligation is then subtracted
				  from the greater. The difference is the child support amount owed by the parent
				  with the greater obligation. Each parent is an obligee to the extent of the
				  other parent's calculated obligation. Each parent is an obligor to the extent
				  of that parent's calculated obligation. The offset of child support obligations
				  in this section is for payment purposes only and must be discontinued for any
				  month in which the rights to support of a child for whom the obligation was
				  determined are assigned to a government agency as a condition of receiving
				  public assistance.
North Dakota Administrative Code › Title 75 - Department of Human Services › Article 75-02 - Economic Assistance › Chapter 75-02-04.1 - Child Support Guidelines › Section 75-02-04.1-09 - Criteria for rebuttal of guideline amount

Current through Supplement No. 393, July, 2024
1. The child
				support amount provided for under this chapter, except for subsection 2, is
				presumed to be the correct amount of child support. No rebuttal of the
				guidelines may be based upon evidence of factors described or applied in this
				chapter, except in subsection 2, or upon:
a.
				Except as provided in subdivision m of subsection 2, the subsistence needs,
				work expenses, and daily living expenses of the obligor; or
b. Except as provided for in subdivision p of
				subsection 2, the income of the obligee, which is reflected in a substantial
				monetary and nonmonetary contribution to the child's basic care and needs by
				virtue of being a parent with primary residential responsibility.