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006.25.1-3. Case Initiation and Locate

AR ADC 006.25.1-3Arkansas Administrative CodeEffective: June 8, 2020

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 25. Office of Child Support Enforcement
Rule 1. Office of Child Support Enforcement Policy Manual
Effective: June 8, 2020
Ark. Admin. Code 006.25.1-3
006.25.1-3. Case Initiation and Locate
3.1 OPENING A CASE
3.1.1 Custodial Party Request
Child support services are available to custodial parties who submit a questionnaire and/or application, as appropriate, with OCSE for services. OCSE charges a nonrefundable application fee of $25.00 to any person who files an application with OCSE for services under Title IV-D of the Social Security Act. The applicant for services does not have to be a resident of Arkansas.
• OCSE will provide an application to any custodial party who makes the request. The applicant for services cannot be the child.
• OCSE will provide child and medical support services to any custodial party who applies on behalf of a child and will enforce any support obligation established for a child or the custodial party of a child receiving services.
• Children listed in the application for services must be under the age of 18 if no court order for child support exists. Custodial parties may apply to recover unpaid child support if the youngest child is between the ages of 18 and 23 and the amount to be recovered is based on a court order. The custodial party of a child over the age of 23 may apply for services if a court order exists; however, the case may be eligible only for federal tax offset if there is no judgment on arrears.
• OCSE will not provide services if the noncustodial parent is deceased.
• All appropriate child and medical support services will be provided. For example, the applicant cannot request paternity establishment but no support order, or a support order but no income withholding. The exception is that in Medicaid-only cases, the applicant may elect in writing to receive only services related to securing medical support.
• OCSE will address the medical support needs of the child, which may result in either the noncustodial parent or the custodial party being responsible for providing health care coverage.
Applications for child support services are available on the OCSE website at www.childsupport.arkansas.gov or interested parties may contact the local child support office.
When the request is made in person, the application for services is to be provided on the date of request. When a request is made in writing or by telephone, the application must be mailed to the requestor within five business days. A log will be kept for all requests for an application.
Completed requests for service packets may be submitted to a local child support office or mailed to OCSE Central Registry, P.O. Box 8133, Little Rock, AR 72203. Upon receipt, the request for service packet and all supporting documents will be forwarded to the appropriate local child support office for processing. If an application is received in a local office, the office reviewing the completed application for new or reopened cases must process the application locally and may transfer the case to another office, if appropriate.
The applicant must complete a separate application for each noncustodial parent named in the request for child support enforcement services and pay a separate application fee, as appropriate, for each noncustodial parent. Any supporting documents, such as divorce decrees, orders for child and medical support, and all modifications to original orders, should be included with the application. If an application is incomplete to the extent that work on the case cannot begin, the application, application fee, and all forms and documents will be returned to the applicant.
A letter of acceptance will be sent to the applicant. If the application is incomplete to the extent that work on the case cannot begin (e.g., the contract is not signed or the noncustodial parent or child is not listed), the application and fee will be returned to the applicant for completion. Otherwise, the application will be accepted, entered in the data system, and sent to the appropriate caseworker. The OCSE caseworker will contact the custodial party for any additional information needed. If the applicant requests services that cannot be provided, the Request for Services packet will be returned to the applicant with a cover letter stating the reason(s) why the application was rejected.
(a) Child-Only Medicaid
A child-only Medicaid case is one in which the children are receiving Medicaid (including ARKids 1st A or B), the custodial party is not receiving Medicaid, and there is no assignment of medical support or requirement by DHS that the custodial party cooperate with OCSE. Custodial parties in these cases may apply for child support services by completing and signing an application and contract for services.
No application fee, costs, or other fees are charged to the custodial party in these cases. No recovery of previously charged fee balances will be made as long as a party on a case is receiving Medicaid.
(b) Minor Parents
Requests for services are not accepted from minors. A parent or guardian of a minor may apply to establish support for the child of the minor.
3.1.2 Referrals
Cases are referred to OCSE when a custodial party and child is receiving TEA, Medicaid, or SNAP benefits. A case will also be referred if a noncustodial parent receives SNAP benefits. Costs and fees for child support enforcement services are not charged to the custodial party in these cases, and no recovery of previously charged fee balances will be made as long as the party referred for services and/or the child are receiving those benefits. DHS may make a referral for a child in foster care.
(a) TEA
As a condition of receiving TEA benefits, custodial parties are required to cooperate with OCSE in establishing paternity if necessary, establishing a child and medical support order, and enforcing that order. By accepting a monetary grant for or on behalf of a child, the custodial party assigns to the State any rights to child support. DHS is responsible for notifying each applicant in writing that acceptance of assistance will result in an automatic assignment of support rights.
(b) Mandatory Medicaid
Cooperation is required for Medicaid cases referred to OCSE where the custodial party and the dependent are both recipients of Medicaid benefits. In these cases, the full range of child support services are provided, unless the custodial party elects in writing to receive medical support services only.
(c) SNAP
As a condition of receiving SNAP, both custodial and noncustodial parents or putative fathers are required to cooperate with OCSE in establishing paternity if necessary, establishing a child and medical support order, and enforcing that order.
(d) Cases with Both Parents in the Home
DHS may refer cases to OCSE when both parents are living in the home if paternity is an issue. OCSE will assist the parents to acknowledge paternity by administrative process, including DNA testing if requested by one of the parents. When paternity is established, the case will be closed with appropriate notice.
3.1.3 Foster Care Cases
DHS may refer a case to OCSE when appropriate. DHS is the custodial party in these cases and may refer a separate case for each parent as the noncustodial parent.
Once the child is removed from Foster Care, the case may remain open if the child was placed in the custody of one of the parents. If the child was placed with another relative or caretaker, that party must apply for services or be referred by DHS based on other assistance programs.
3.1.4 Treatment Facilities
OCSE may receive a Medicaid referral for cases in which a child under 18 has been placed in a treatment facility, if there was a noncustodial parent absent from the home at the time of placement, and an OCSE case is open against that absent parent -- not against both parents. If both parents are in the home at the time of placement and the placement was not due to abuse or neglect on the part of the parents, OCSE is not required to provide services. DHS makes the determination and refers cases as appropriate.
3.2 INTERGOVERNMENTAL CASES
Child support services in intergovernmental cases are provided in cooperation with the child support program in another state or tribe, or a country which is a member of the Hague Convention or which has a reciprocal agreement with the United States. State law, the Uniform Interstate Family Support Act (UIFSA), and the Hague Convention regulate the processing and enforcement of intergovernmental cases.
3.2.1 Arkansas as the Responding State
Arkansas is the responding state when another state, tribe, or country requests assistance because it is unable to use their Long-Arm Statute for the establishment of paternity and support or requires assistance in the enforcement or modification of an obligation.
All available action will be taken according to Arkansas state law. Arkansas OCSE will assess and recover cost and fees as described in Chapter 8, Section 8.1 Cost/Fees For Service of this document in intergovernmental cases, when applicable. Any fee deducted will be identified when payments are forwarded to the initiating state.
Central Registry, a section within Central Office, receives all incoming intergovernmental OCSE cases.
Within 10 business days of receipt of a case from the initiating state, the Central Registry must ensure that documentation submitted with the case has been reviewed to determine completeness, forward the case for necessary action either to the State Parent Locate Service for location service or to the appropriate agency for processing, acknowledge receipt of the case, and ensure that any missing documentation has been requested from the initiating state. The Central Registry must respond to inquiries from other states within five business days of receipt of the request for a case status review of cases that have not yet been forwarded to the local office.
Central Registry will refer intergovernmental cases to the appropriate caseworker. The caseworker must provide location services if the information provided is inadequate or at the request of the initiating state within 75 calendar days of the referral of the case.
If the noncustodial parent is located in a county other than where initially located and there is no Arkansas court order, the case must be transferred to the appropriate county within 10 business days of verifying the noncustodial parent's location. If an Arkansas court order already exists, the case will be assigned to the county that issued the order. New information acquired while working the case must be transferred to the appropriate county within 10 business days of verification.
If the noncustodial parent is located in another state, Arkansas OCSE must notify the initiating state within 10 business days of the verification of the noncustodial parent's location. Arkansas OCSE, as the responding state agency, must return the form and documentation, including the new location, to the initiating state. Or, if directed by the initiating state, Arkansas OCSE must forward the form and documentation to the Central Registry in the state where the noncustodial parent has been located and notify the initiating state where the case has been sent.
The caseworker will provide all services necessary to locate noncustodial parents, establish paternity and child and medical support orders, and enforce existing child and medical support orders. OCSE will recognize and extend full faith and credit to court orders and affidavits acknowledging paternity issued in another state unless and until a court of competent jurisdiction directs otherwise. The caseworker will employ all remedies available under State law and OCSE policy to ensure compliance in intergovernmental cases. The caseworker must provide location services if the information provided is inadequate or at the request of the initiating state within 75 calendar days of the referral of the case.
Arkansas OCSE, as the responding state agency, must pay the costs of processing intergovernmental cases, including the cost of paternity testing in actions to establish paternity. If paternity is established in Arkansas, an attempt to obtain a judgment for costs of paternity testing from the father will be made.
If an order of support exists in any other state and the order cannot be enforced without court action, the caseworker will forward the case to the legal section so the existing order can be registered.
In an intergovernmental case, the state that initiated the case is OCSE's customer. It is not the responding state's responsibility to be in direct contact with the custodial party in the initiating state. However, it is the caseworker's responsibility to keep the initiating state informed of significant actions taken in the case so that the initiating state can keep the custodial party informed as to the status of the case.
3.2.2 Arkansas as the Initiating State
Arkansas is the initiating state when it requests the assistance of the child support program of another state, tribe, or country because it is unable to use its Long-Arm Statute for the establishment of paternity and support or requires assistance in the enforcement or modification of an obligation.
If paternity or support has not been established, the local office should attempt use of long arm jurisdiction as outlined in Chapter 4 of this document, Long Arm Paternity, to establish paternity and support whenever appropriate. When a noncustodial parent is located in another jurisdiction, the case must be referred to the other jurisdiction within 20 days of determining that intergovernmental services are needed and receipt of all necessary information.
Sufficient and accurate information and documentation must be provided to the responding child support program.
When the responding state requests information, the local Arkansas OCSE office must provide that information within 30 calendar days or must notify the responding state when the information can be provided.
When new information has been verified, the responding state must be notified within 10 business days of the receipt of the information.
A request for status of a nonpaying case will be sent to the responding state every 90 calendar days until payments have been obligated or restored.
3.2.3 International Cases
International requests for services will be accepted from all countries, regardless of whether they are a member of the Hague Child Support Convention or countries with which the United States has a reciprocal agreement. State IV-D agencies must meet the same case processing timeframes when working on international cases as in interstate cases. Other countries may not be able to respond to requests from states within the timeframes that apply to interstate cases. Sufficient time must be allowed for other countries to process requests; therefore, close communication with the other country is imperative.
3.3 COOPERATION REQUIRED
Cooperation in the establishment or enforcement of a case is required in all cases, as well as keeping OCSE informed of changes in address or contact information.
3.3.1 Cooperation by Custodial Parties Who Apply for Services
If a custodial party who applied for services does not cooperate with OCSE and that cooperation is essential for the next step in providing IV-D services, OCSE may initiate case closure procedures in compliance with established policy.
3.3.2 Cooperation by Parties Who Are Recipients of Certain Services
Custodial parties who are recipients of TEA, certain Medicaid, and/or SNAP, are required to cooperate to avoid a possible reduction of benefits. Noncustodial parents who are recipients of SNAP are also required to cooperate to avoid a possible reduction of benefits.
(a) SNAP Recipients Who Are Noncustodial Parents or Putative Fathers
Noncustodial parents and putative fathers who have been referred for child support services must cooperate in establishing paternity if the child was born out of wedlock and in providing support for the child unless a good cause determination has been made by DHS. Cooperation may include providing requested information, appearing for appointments and hearings, participating in testing for paternity establishment, and compliance with the terms of an order for support.
(b) Reporting Non-Cooperation Of Parties
If a party who receives TEA, Medicaid, or SNAP and whose cooperation is mandatory as a condition of receiving those benefits, willfully fails to comply with any of the cooperation requirements, he or she will be considered non-cooperative unless a Good Cause finding has been determined by DHS.
If OCSE concludes that the party has willfully failed to comply, a notice will be sent by certified mail and will summarize the facts constituting the finding of non-cooperation. The party must cooperate or request an administrative hearing to contest the finding of noncooperation within 10 business days from the date the notice or DHS will be notified of the finding and may apply appropriate sanctions.
After the 10-day period referenced above, and even though DHS has been notified of non-cooperation, the party continues to have the right to request an administrative hearing within 30 calendar days of the date on the notice.
OCSE will continue to pursue child support efforts to the extent possible after DHS has been notified of non-cooperation
If at any time the party provides OCSE with the requested information needed for working the child support case, OCSE will notify DHS that the party has cooperated.
3.3.3 Custodial Parties Ordered to Provide Medical Support
When the custodial party is ordered to be responsible for providing medical support, and if insurance is available through the custodial party's employer but is not being provided, OCSE will send a National Medical Support Notice (NMSN) to the employer. If employer-sponsored insurance is not available, a notice will be sent to the custodial party advising that he or she will have 30 days to comply with the NMSN. Failure to respond will be considered non-cooperation.
3.3.4 Mandatory Information Updates
Upon the entry of an order, the noncustodial parent and custodial party must keep OCSE updated with their current residential and mailing address, Social Security number, telephone number, driver's license number, and their employer's name and address if child support payments are paid through the registry of court or the Arkansas Child Support Clearinghouse.
3.4 INITIATION
Within 20 calendar days of receiving an application or the referral of a case, the local office must establish a case record and assess the information provided to determine the next appropriate action, which may include any of the following:
• Interviewing the custodial or noncustodial party
• Initiating verification of information
• If location information is inadequate, initiating locate efforts
3.5 LOCATE
Locate is defined as obtaining information concerning the physical whereabouts and verifying information regarding the address, employment, and/or financial ability of a parent to provide support.
Any IV-D child support agency may request information regarding the assets or whereabouts of a noncustodial parent from any individual, financial entity, business or corporation, as defined in State law. The information requested or a statement that no information is available must be sent to OCSE within 30 days of the receipt of the request. A business or financial entity shall be liable for civil penalties of up to $100 for each day after the 30-day period in which it fails to provide the information. Any business, financial entity, officer, agent, or employee of such entity participating in good faith and providing information requested is immune from liability and suit for damages that might otherwise result from the release of the information to OCSE.
The caseworker is required to access all appropriate locate resources, including FPLS, and evaluate the responses within 75 calendar days of determining that location is necessary. Repeated attempts must be made quarterly, or immediately upon receipt of new information. These attempts may be automated but must include accessing Department of Workforce Services screens. FPLS must be accessed at least annually. Within 20 calendar days of determining the noncustodial parent is in another state, the caseworker must request assistance from the Central Registry in that state.

Credits

Amended Jan. 1, 2011; Dec. 26, 2012; June 8, 2020.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.25.1-3, AR ADC 006.25.1-3
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