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 - Incentive payments

Current through Supplement No. 393, July, 2024
1. The agency shall
				make an incentive payment to any county of this state which participates in the
				costs of the program, taking into account the efficiency and effectiveness of
				the program activities carried out by that county.
2. Of the total amount of incentive payments
				made available to the state by the office of child support enforcement of the
				United States department of health and human services, in each biennial period,
				twenty-five percent must be retained by the agency in recognition of
				participation in the costs of the statewide program; the administration of the
				state plan in conformity with the specific requirements of the department of
				health and human services; the effective operation of a central parent locate
				office; the efficiency of receipting and distributing collections from a single
				centralized location; and the efficient and effective collection of past-due
				support through federal and state income tax refund offset programs.
3. Of the total amount of incentive payments
				made available to the state by the office of child support enforcement of the
				United States department of health and human services, in each biennial period,
				seventy-five percent must be paid by the agency to all the counties which
				participate in the costs of the program. The agency shall calculate the
				incentive to be paid to the counties comprising each regional unit, and shall
				distribute to each county the proportion of the incentives so calculated that
				is the same proportion as that county's share of regional unit expenditures
				borne by all counties in that region.
4. Of the total amount of incentive payments
				made available to counties, those payments which are made to the agency without
				regard to the state ratio of collections to total IV-D administrative costs, as
				provided in 42 U.S.C. section 658(b)(1)(A) and (B), will be distributed to the
				counties comprising each regional unit, based on cost effectiveness. The total
				collections within each regional unit will be divided by total expenditures
				within each regional unit. The resulting ratios will be added together. Each
				regional unit's individual ratio will be divided by the total of all ratios to
				determine the share of incentive payments of this type to be distributed within
				each region. This calculation will be made quarterly, and incentives of this
				type will be paid quarterly. For the purposes of making the calculation
				described in this subsection, total collections will include collections made
				in Indian reservation cases, but total expenditures will not include Indian
				reservation project expenditures.
5. Of the total amount of incentive payments
				made available to counties, those payments which are made to the agency based
				upon the state's ratio of collections to total IV-D administrative costs will
				be distributed to the counties comprising each regional unit based on paternity
				establishment, support obligation establishment, and successful location of
				obligors.
a. Sixty percent of the incentive
				payments of this type will be distributed to the counties comprising each
				regional unit based on paternity establishment. The number of paternities
				established in each region will be divided by the number of open cases in each
				region. The resulting paternity-to-caseload ratios for all regions will be
				added together. Each region's individual paternity-to-caseload ratio will be
				divided by the total paternity-to-caseload ratio to determine the percentage of
				incentive payment of this type to be distributed within each region.
b. Thirty percent of the incentive payments
				of this type will be distributed to the counties comprising each regional unit
				based on support obligation establishment. The number of support obligations
				established in each region will be divided by the number of open cases in each
				region. The resulting support-establishment-to-caseload ratios for all regions
				will be added together. Each region's individual
				support-establishment-to-caseload ratio will be divided by the total
				support-establishment-to-caseload ratio to determine the percentage of
				incentive payment of this type to be distributed within each region.
c. Ten percent of the incentive payments of
				this type will be distributed to the counties comprising each regional unit
				based on the successful location of obligors ("locates"). The number of locates
				made in each region will be divided by the number of open cases in each region.
				The resulting locate-to-caseload ratios for all regions will be added together
				Each region's individual locate-to-caseload ratio will be divided by the total
				locate-to-caseload ratio to determine the percentage of incentive payment of
				this type to be distributed within each region.
d. For the purposes of making the
				calculations described in this subsection, the number of paternities
				established, the number of support obligations established, the number of
				locates, and the caseload will include Indian reservation cases.
e. The calculations described in this
				subsection will be made, and the calculated amounts distributed, annually after
				the end of the federal fiscal year.
Effective January 1, 2008, section
				  75-02-04-12 is repealed.