OCSE has established the following as child support case categories.

An open enforcement case is a case open with OCSE for full child support services or a case for medical support services only. These cases are open either by application, by referral from DHS, or are referred for full child support services by child support agencies in other states, tribes, or countries. These cases may also be referred to as IV-D cases.

A split-debt case is a former enforcement case in which current support and possibly arrears are owed to the custodial party and arrears are also owed to the state, but child support enforcement services are no longer being provided. Any child support payments received are paid to the family, with one exception; any collection received as an IRS Tax Offset will be used to collect what is owed to the state of Arkansas. OCSE will certify those debts owed to the state of Arkansas to the Federal Tax Offset Program for IRS tax intercept only and retain any collection to offset the amount owed to the state. The amount owed to the family is not eligible for certification under current federal regulations. No other enforcement remedies will be utilized to collect state debt while the case remains in this category.

A payment processing case is a case in which payments are received and disbursed through the Arkansas Child Support Clearinghouse and no other services are provided. These may also be referred to as non-IV-D cases because, even though payment processing is a function of the IV-D program, enforcement efforts as allowed by the IV-D program are not authorized.

The responsibility of OCSE in these cases is limited to receipt, recording, prompt disbursement, and responding to requests for information on the current status of support payments made through the Clearinghouse.

Services provided in payment processing cases are governed by federal regulation and are limited to the following services:

The following are services that cannot be provided in payment processing cases:

Cases may be suspended for a specific date in the future only if there is a direct order by a court to cease all collection action as ordered by the court. When a case is suspended, all enforcement action and distributions stop.

OCSE will not release information regarding members in an OCSE case except as permitted by federal or state law.

Release of information on the whereabouts of a party is permissible only if it is in connection with the administration of the Child Support Program, other limited purposes, or as specifically authorized by law. A violation of confidentiality shall constitute a Class B Misdemeanor.

It is unlawful to disclose to any committee or legislative body any information that identifies by name or address any applicant or recipient of OCSE child support enforcement services, except under limited circumstances.

A custodial party or noncustodial parent is entitled to his or her own personal information contained in a case file. Court orders and pay records may be released to either requesting party. Personal information regarding the other party will not be released.

All requests for copies of information must be made in writing. Information may not be released over the phone. If a copy of an entire file is requested, then all information, including pay records and notes, will be released. However, the non-requesting party's address, work information, and Social Security number will be redacted.

Release forms and request letters will be maintained in the case file for documentation. Requested information will be mailed within five business days from date of receipt of the written request. No fee for copies will be charged.

Pursuant to Ark. Code Ann. § 9-14-210, OCSE may release information on the whereabouts of a party if the party requesting the information is the noncustodial parent or the custodial party. The noncustodial parent or custodial party must submit the request by an affidavit that clearly states the reason the information is requested and describes the unsuccessful attempts to acquire the information from other sources. The affidavit requesting release of information may be sent by first class mail to OCSE.

Within seven calendar days of receiving the request, OCSE will notify the party whose whereabouts are subject to disclosure that a request for location information has been made and that information will be provided within twenty calendar days of the date of the notice unless OCSE receives a copy of a court order prohibiting the disclosure or otherwise restricting the requesting party's rights to contact or visit the non-requesting party or children, or a request for an administrative hearing to contest the disclosure.

When an administrative hearing to contest the release of information is requested, OCSE will not disclose the whereabouts of a party until the administrative hearing is held or completed. If any reasonable evidence of domestic violence or child abuse is presented at the administrative hearing or by affidavit, and the disclosure of the last known address or any identifying information could be harmful to a party or the child, OCSE will not release the information.

Case records will be stored in electronic files or in file cabinets accessible only to authorized OCSE personnel. These file cabinets will be maintained in a secure area, and locked when not in use.

OCSE will not accept change requests forms or requests for information from a private collection agency. A “power of attorney” provided by a private collection agency will not be accepted. Custodial parties may seek optional remedies for the collection of obligated past due support. A custodial party may keep his or her OCSE child support case open while under contract with a private collection agency. As required by federal regulation, all payments received by OCSE will continue to be disbursed directly to the custodial party.

Federal and State law and regulation require that safeguard measures be in place to secure federal tax information (FTI), Personally Identifiable Information (PII), Federal Parent Locator Service (FPLS) information, and child support program information. Upon discovery of a possible improper inspection or disclosure of such information, employees shall follow OCSE procedures to report the incident to the appropriate authorities.

OCSE employees receive annual training for safeguarding information.

The caseworker is responsible for the maintenance of a case record for each individual case in an assigned caseload. The record must contain all documents related to the case from the time of referral until closure. A written narrative containing a history of all contacts with the custodial party and noncustodial parent, all attempts to locate the noncustodial parent, all legal activity, any activity related to an adjustment of a disbursement of child support collections, and any other activity related to the case must be maintained in the data system.

Local office staff must retain records for closed cases for a minimum of three years.

Field Managers or their designees may determine that a case record should be retained for a longer period.

The Field Manager, or a designee, will review case records selected for destruction and will arrange to have the case records destroyed by burning or shredding. The method of destruction must ensure the confidentiality of the contents of the case record.

Federal regulations require that individuals who have the responsibility of handling and issuing receipts may not participate in accounting or record keeping functions. The person who accepts payments and makes receipts must not be the same person who transmits and deposits monies. Procedures and internal controls are in place for handling payments. When payments are not being processed for distribution, they are locked in a secure file cabinet.

OCSE will ensure that every person who has access to or control over funds collected under the child support enforcement program is covered by a bond against loss resulting from employee dishonesty.

In order to ensure payments are received and credited in a timely manner, all payments should be made to the Arkansas Child Support Clearinghouse. Payments will not be accepted in the local office, with the exception of lump sum payments as a result of an agreement or a court order.

Cases will be reviewed at regular intervals to ensure that case activities meet the program standards for completeness and timeliness as outlined in the Code of Federal Regulations; that fees are monitored to ensure that they are charged appropriately; that corrections and deletions are reviewed and approved; and that all case activities are properly narrated.

Reviews will be scheduled for each office on an annual basis. The review period will be the preceding 12 months. If the office fails to meet the standard for any criteria, a review will be scheduled after 6 months and only the criteria that failed will be reviewed. The Federal Self-Assessment review will be scheduled in October and includes sample cases from all OCSE offices. The review period for the Federal Self-Assessment review is the preceding 12 months from October through September.

Reviews are conducted using Arkansas Child Support Information Systems (ARCSIS) case screens including all imaged documents.

A customer may ask for an administrative review to address any concern regarding his or her case. This informal process is useful in providing an explanation concerning various actions taken in his or her case or its status. Once a request for an administrative review is received, the appropriate office will review the case to determine if the action taken was appropriate and will respond to the customer in writing within ten days of receipt of the request.

An administrative review does not take the place of a formal administrative hearing that may be available under certain qualifying circumstances. It is not necessary for a customer to request an administrative review prior to requesting an administrative hearing. However, if the informal administrative process does not resolve an issue that qualifies for an administrative hearing, the customer's written request for an administrative review must also be treated as a request for an administrative hearing. In this instance, the date that the administrative review was first requested in writing will also be used as the date of the administrative hearing request. The customer must provide the information required in Chapter 9, Administrative Hearings, and meet all other requirements.

Parties who have experience domestic violence with the other parent should notify his or her caseworker immediately. The party may be asked to provide copies of any orders of protection or other information about the situation. OCSE will provide extra protection to information about the whereabouts of the parties.

Good Cause is a term used to identify cases where recipients of Medicaid, SNAP, or TEA are excused from cooperating with child support establishment and/or enforcement services. Good Cause may be made at any time during the life of a case. It should be submitted by the custodial party to DHS when the custodial party believes cooperation with OCSE would not be in the best interest of the child or would create a risk of harm to the child or the custodial party. When OCSE is notified of a Good Cause claim, OCSE will immediately discontinue activity on the case. If the claim is denied, then appropriate child support activities will resume.

In cases where the noncustodial parent has been referred to OCSE because he or she is a recipient of SNAP, but the custodial party does not receive any assistance through DHS, and the custodial party notifies OCSE that continuing to enforce the case is a danger to the custodial party or the children on the case, OCSE will close the child support enforcement case and notify DHS.

As mandated by federal and state law, all support orders issued or modified must be reported to each state's case registry (SCR). OCSE is responsible for the maintenance of the SCR, known as the Arkansas Registry of Child Support Orders.

The SCR maintains standard information regarding the parties to a child support order including but not limited to names, Social Security numbers, and other uniform identification numbers, dates of birth, case numbers, and case status.

When a support order exists for a IV-D case, the case record must also include the following:

The Acknowledgment of Paternity Program provides a simple way for the biological parents of a child to establish paternity if they are not married at the time of the child's birth.

OCSE provides written materials about paternity establishment to all public and private birthing hospitals in the State, forms necessary to voluntarily acknowledge paternity, and copies of a written description of the rights and responsibilities of acknowledging paternity. The rights and responsibilities of acknowledging paternity are explained and due process is safeguarded. OCSE must also provide training, guidance, and written instructions regarding voluntary acknowledgment of paternity as necessary to operate the hospital-based program and must assess each birthing hospital's program on an annual basis.

The OCSE Administrator and the hospital birthing center, certified nurse practitioner, or licensed midwife shall enter into cooperative agreements for compensation at a rate not to exceed $20 for each valid Acknowledgment of Paternity (AOP) forwarded by the hospital, birthing center, certified nurse practitioner, or licensed midwife to OCSE.

A valid AOP must contain the signatures of both parents, and a notary must authenticate the parents' signatures. For children born in Arkansas after April 10, 1995, an AOP, properly executed during the child's minority, conclusively establishes the man as the father of the child, subject to modification pursuant to State law. For children born prior to April 10, 1995, paternity must be established by court order.

Additionally, the opportunity to acknowledge paternity after parents leave the hospital is provided in all Vital Records Departments, Health Departments, and all local child support offices located throughout the state.

The AOP forms the basis for establishment and enforcement of a child support or visitation order without a further proceeding to establish paternity. If the AOP is completed within 10 days after the birth of the child, the father's name will appear on the birth certificate. If the AOP is completed after 10 days, the mother may request an amended birth certificate showing the father's name. If the mother is married to someone other than the biological father at the time of birth, the mother, husband, and the biological father may use the AOP to establish paternity of the child and the biological father's name will appear on the birth certificate if completed within 10 days of the child's birth. If the AOP is completed later than 10 days after the birth and the husband's name appears on the birth certificate, a court order must be entered to allow the name of the father to be corrected. There is a space on the AOP that allows for change of the child's last name.

Any person who has signed an AOP may rescind the document within the earlier of 60 calendar days from the date of signing or prior to the date that an administrative or judicial proceeding, including a proceeding to establish a support order, is held relating to the child and the person executing the voluntary acknowledgment of paternity. Forms for this purpose are available at Department of Health, Division of Vital Records. Beyond the 60 calendar day period, the acknowledged father must file a motion in court to set aside a paternity establishment pursuant to a voluntary acknowledgment of paternity based on an allegation that the acknowledgment was obtained by fraud, duress, or material mistake of fact. OCSE does not have the authority to assist the acknowledged father in the filing of such motions or in entering into an agreed order. The court may, after making such finding, direct the mother, the child, and the presumed father to submit to genetic testing for paternity. The burden of proof shall be upon the person challenging the establishment of paternity.

The duty to pay child support and other legal obligations shall not be suspended while the motion is pending, except for good cause shown. The specific basis supporting the good cause findings shall be recited in the court's order.

The Administrator or a designee is authorized to issue an administrative subpoena for any financial or other information needed to establish, modify, or enforce a child support order to any individual or organization reasonably believed to have information on the financial resources of a noncustodial parent or putative father.

A court may compel compliance with an administrative subpoena, impose penalties for failure to comply of up to $100 for each day after 60 days of receipt of a request, and may award attorney fees and costs to OCSE upon proof that an individual or organization failed to comply with the subpoena without cause.

Subpoenas are served in the manner provided by law. OCSE will make and keep a record of all subpoenas issued.

The federal OCSE operates the National Directory of New Hires (NDNH), a database established for the purposes of assisting state child support agencies in locating parents and enforcing child and medical support orders. Arkansas law established the Arkansas New Hire Reporting Center, located within the Department of Workforce Services. Employers are required to report to the New Hire Registry information on newly hired and returning employees. OCSE receives New Hire records of noncustodial parents in open enforcement cases.

Information received by OCSE from the match is used for the sole purpose of establishing or enforcing child support obligations. When a match occurs, an income withholding notice and a National Medical Support Notice (NMSN), if appropriate, must be sent to the employer within two business days of the receipt of information.

State law mandates that all persons, agencies, boards, commissions, or other licensing entities issuing marriage or any occupational, professional, or business license must record the name, address, and Social Security number of each person applying for such licenses on the license application. This information is shared with OCSE for the purpose of locating individuals who owe child support obligations and for the enforcement of those obligations.

Those persons, agencies, boards, departments, commissions, or other licensing entities that issue 500 or more licenses each year, or that have a membership of 500 or more, are required to implement an automated data system capable of transmitting licensee information to OCSE. The license database may be transmitted or made available to OCSE quarterly.

The name of any member or representative of a licensing entity refusing to provide license information to OCSE will be certified by OCSE to the Office of the Governor and to the Arkansas Legislative Council.

Member and applicant Social Security number information is not released publicly and is not subject to disclosure under the open public record requirements of the Arkansas Freedom of Information Act. Disclosure of Social Security information without the consent of the individual or without court authorization is a Class B misdemeanor.

If requested by the Administrator of OCSE, the Consumer Reporting Agency must provide a copy of a credit report if the report is needed to establish an individual's ability to pay child support or to determine the appropriate level of payments. The reports are kept confidential and used for that purpose only. The report may not be used for any civil, administrative or criminal proceeding, or any purpose other than determining the ability to pay or the appropriate amount of child support payments. OCSE must notify the noncustodial parent in writing, by certified mail, 10 calendar days prior to requesting a Consumer Report.

As mandated by federal law, the Federal Case Registry (FCR) is a national database that includes all child support cases handled by state child support agencies (referred to as open enforcement or IV-D cases) and all support orders established or modified on or after October 1, 1998 (referred to as non-IV-D cases). It is a database that contains basic case and participant data from each of the state case registries (SCR). SCRs are central registries of child support cases (IV-D cases) and orders (non-IV-D orders) in each state.

The FCR 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.

Past due child and medical support for TEA, Medicaid, SNAP, and non-TEA full OCSE services cases can be referred to the IRS to be collected as if unpaid child support were a delinquent tax debt. To be eligible for the IRS full collection service, a court order must exist, and arrears must be at least $750. Request for use of full collection services must be approved by the Administrator of Arkansas OCSE and reviewed by the federal OCSE Regional office. Referrals to the IRS Full Collection Service are made by the state to which an assignment of support rights or a non-TEA application for child support services has been made.

The United States District Courts may be used to enforce the court order of an Arkansas court of competent jurisdiction against a noncustodial parent in another state. An application for using the U.S. District Court must be submitted to the federal OCSE Regional Office by the Arkansas OCSE Central Office.

The Federal Parent Locator Service (FPLS) is a national locate system managed by the federal OCSE and contains information to help states locate parents and establish and enforce child support orders.

Central Registry within Central Office processes requests for information through the State Parent Locator Services (SPLS) and Federal Parent Locate Services (FPLS).

SPLS is utilized to respond to requests for locate information from other state child support agencies needed for establishing paternity, and/or securing child/medical support for dependent children. Additionally, the SPLS may accept authorized requests from IV-B (Child Welfare Services) or IV-E (Foster Care) agencies as well as acting as the conduit for submitting authorized requests through the FPLS. Authorized external requests are processed by Central Registry.

Disclosure of FPLS information to an authorized person is prohibited if a state has notified the FPLS that the state has reasonable evidence of domestic violence or child abuse and that disclosure of such information could be harmful to the custodial party or the child of such parent.

Child Support Enforcement Network (CSENet) is a nationwide network which links state child support enforcement systems. States use CSENet to electronically request or report location, paternity and support establishment, enforcement, and collection information.

Attorneys representing OCSE are responsible for selecting the appropriate method of service. The method must be selected and action taken to obtain service within three business days of the date on which the Summons or Contempt Citation was issued.

Arkansas courts may exercise jurisdiction over a putative father or a legal father who resides in another state when any of the following conditions provided in state law are met:

The long-arm provision should be used before any other intergovernmental action when it is confirmed that the putative father lives in another state and when permitted under state law.

The long-arm provision applies to the establishment of paternity and/or the establishment of a support order.

Federal law requires the recording of a Social Security number (SSN) for any individual who is subject to a divorce decree, support order, or paternity determination or acknowledgement to be recorded in certain family matters. Each recipient of services is asked to provide an SSN.

Federal law requires that any Federal, State, or local government agency which requests an individual to disclose his or her SSN shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it. Accordingly, for purposes of implementing federal law, individuals are informed that disclosure is mandatory, pursuant to section 466(a)(13) of the Social Security Act, and that it will be used under the child support enforcement program to locate individuals for purposes of establishing paternity and establishing, modifying, and enforcing support obligations.