C SSD Policy Subject General Interstate Establishment Policy Number

c ssd policy subject: general interstate establishment policy number: 2012-5 approval date: pages: approved by: b

C SSD Policy
Subject:
General Interstate Establishment Policy
Number:
2012-5
Approval Date:
Pages:
Approved by:
Benidia A. Rice, Director
Revision
#2
I.
PURPOSE: To provide a comprehensive overview and guidance and
procedures on the processing of intergovernmental establishment
cases in accordance with the Uniform Interstate Family Support Act
of 2001. The policy will address the various aspects of
intergovernmental establishment case processing including the
establishment of intergovernmental cases, registration of
intergovernmental cases, the handling of initiating and responding
cases, and the utilization of the Central Registry.
II.
AGENCY IMPACT: This policy impacts the Intake Interstate Unit.
III.
REFERENCES: 42 U.S.C. 666, Requirement of statutorily prescribed
procedures to improve effectiveness of child support enforcement;
D.C. Official Code § 46-302.03, Initiating and Responding Tribunal
of the District; D.C. Official Code § 46-303.04, Duties of
Initiating tribunal; D.C. Official Code § 46-303.05, Duties and
powers of Responding tribunal; D.C. Official Code § 46-303.07,
Duties of support enforcement agency; D.C. Official Code §
46-303.11, Pleadings and accompanying documents; D.C. Official
Code § 46-303.16, Special rules of evidence and procedure; D.C.
Official Code § 46-304.01, Petition to establish support order;
D.C. Official Code § 46-305.02, Employer’s compliance with
income-withholding order of another state; D.C. Official Code §
46-305.07, Administrative enforcement of orders; D.C. Official
Code § 46-306.01, Registration of order for enforcement; D.C.
Official Code § 46-306.02, Procedure to register order for
enforcement; D.C. Official Code § 46-306.03, Effect of
Registration for enforcement; D.C. Official Code § 46-306.04,
Choice of Law; D.C. Official Code § 46-306.05, Notice of
registration of order; D.C. Official Code § 46-306.06, Procedure
to contest validity or enforcement of registered order; D.C.
Official Code § 46-306.10, Effect of registration for modification;
45 CFR § 303.4, Establishment of support obligations; 45 CFR §
303.7, Provision of Services in Interstate IV-D Cases; 45 CFR §
303.11, Case closure criteria.
IV.
DEFINITIONS:
A.
IV-D case. A case in which the child support agency provides
services to establish, modify and/or enforce paternity/support
based on a referral from the IV-A (Family Assistance) or IV-E
(Child Welfare Agency, Foster Care and Adoption Assistance)
agencies, a request from another child support agency, or an
application for services by a non-TANF Custodial Parent (CP).
B.
CSENET. Child Support Enforcement Network Electronic Transfer.
(CSENET). CSENET is a nationwide communications network (not a
database) that relays child support case data between states.
CSENET is an intergovernmental case processing tool.
C.
District of Columbia Child Support Enforcement System (DCCSES).
CSSD’s child support enforcement automated database case
management system.
D.
Foreign Reciprocating Country. A foreign country with which the
United States has signed a bilateral agreement ensuring the
foreign country grants certain privileges in child support
enforcement.
E.
Jurisdiction. The legal authority which a court or
administrative agency has over particular persons and certain
types of cases.
F.
Initiating Jurisdiction. The entity ,(e.g. state, county, court,
administrative agency or country) that sends a request for
action to another administrative agency or court, asking that
agency or court to establish/enforce a child support order on
behalf of the custodial parent (CP) residing in the requesting
jurisdiction. In such cases, the requesting jurisdiction does
not have long-arm jurisdiction over the non-custodial parent and
must file a two-state action under the Uniform Interstate Family
Support Act (UIFSA) guidelines.
G.
International IV-D Case. A case under the state’s IV-D program
received from, or referred to, a foreign country (a Foreign
Reciprocating Country or FRC) that has entered into an agreement
under section 459A of the Social Security Act with the United
States. This creates an intergovernmental case in the District
of Columbia. International cases also include IV-D cases in
which there is an application for services from an individual
who resides in a foreign country, creating a local case in the
District of Columbia.
H.
Intergovernmental IV-D case. A IV-D case in which the NCP lives
and/or works in a different jurisdiction than the CP and
child(ren) that has been referred by an initiating agency to a
responding agency for services. An intergovernmental IV-D case
may include any combination of referrals between States, Tribes,
and countries. An intergovernmental IV-D case also may include
cases in which a State agency is seeking only to collect support
arrearages, whether owed to the family or assigned to the State.
I.
Interstate IV-D case. A IV-D case in which the NCP parent lives
and/or works in a different State than the CP and child(ren)
that has been referred by an initiating state to a responding
state for services. An interstate IV-D case also may include
cases in which a State is seeking only to collect support
arrearages, whether owed to the family or assigned to the
initiating state.
J.
Interstate Central Registry. The unit in each state’s IV-D
agency that is responsible for receiving, processing and
responding to inquiries on all intergovernmental IV-D cases.
K.
Long-Arm Jurisdiction. Legal provision that permits one state to
claim personal jurisdiction over someone who lives or resides in
another state. There must be some meaningful connection between
the person and the state or county that is asserting
jurisdiction in order for a court or agency to reach beyond its
normal jurisdictional border.
L.
Obligee. The person, state, or other entity to which child
support is owed, also referred to as the CP when the money is
owed to the person with primary custody of the child).
M.
Obligor. The person who is obligated to pay child support also
referred to as the NCP.
N.
Petitioner. The person, state agency or other entity initiating
a petition or motion.
O.
Reciprocal State Initiating (RSI) case. A IV-D case opened where
the custodial parent is the customer of the District of Columbia
Office of the Attorney General-Child Support Services Division
District of Columbia (CSSD) and the non-custodial parent resides
in another jurisdiction or foreign country sharing reciprocity
with the District. CSSD will send a request to that jurisdiction
or foreign country’s child support agency for
establishment/modification/enforcement of a child support order.
P.
Reciprocal State Responding (RSR) case. A IV-D case opened where
the custodial parent lives in another jurisdiction or foreign
country with reciprocity and that jurisdiction or foreign
country’s child support agency has sent a request to CSSD for
establishment/modification/ enforcement of an order because the
non-custodial parent resides in the District.
Q.
Reciprocity. The process by which one jurisdiction grants
certain privileges to another jurisdiction on the condition that
it receives the same privileges.
R.
Registration. The formal filing process by which an order of one
jurisdiction is recognized in another jurisdiction. After
registration, an action can be taken in a tribunal of the
responding jurisdiction as if the order was issued in that
jurisdiction. An order may be registered for enforcement or
modification, or both.
S.
Respondent. The party answering the petition or motion.
T.
Responding Jurisdiction. The entity (e.g. state, county, court,
administrative agency or country) that receives a request for
action from another administrative agency or court, asking that
agency or court to establish/enforce a child support order on
behalf of the CP residing in the requesting jurisdiction. In
such cases, the requesting jurisdiction does not have long-arm
jurisdiction over the non-custodial parent and must file a
two-state action under the Uniform Interstate Family Support Act
(UIFSA) guidelines.
U.
Tribunal. The court, administrative agency, or quasi-judicial
agency authorized to establish or modify support orders, and/or
determine parentage.
V.
Two-State Action. A request for action that a state must file
under the Uniform Interstate Family Support Act (UIFSA) when
that state is the residence of the CP but does not have long-arm
jurisdiction over the non-custodial parent and is requesting the
NCP’s jurisdiction do the following: establish paternity or
establish/enforce a child support order.
W.
Uniform Interstate Family Support Act (UIFSA). The Federal law
that governs the establishment, enforcement, and modification of
child support in intergovernmental cases when one
parent/custodian and the child(ren) live in a different state
than the other parent.
X.
QUICK. Query Interstate Cases for Kids (QUICK). An application
that resides on the OCSE Network; allows child support
enforcement workers to view financial, case status, and case
activities information in real-time.
V.
INQUIRIES: Direct all inquiries to Policy, Outreach & Training
Section, (202)
724-2131; Intake Unit 1, (202) 724-5594; Intake Unit 2, (202)
724-5192.
VI.
POLICY: CSSD is the agency responsible for the administration of
the District’s child support cases and, if one of the parties
lives outside of the District of Columbia, the Intake Unit is
responsible for processing these cases for the agency. Moreover,
the Intake Unit is responsible for initiating the establishment of
paternity, medical and child support orders where one of the
parties lives in another jurisdiction (e.g. other states, U.S.
territories or foreign countries with which we have reciprocity
agreements). This policy provides a comprehensive approach to
processing intergovernmental establishment cases.
VII.
PROCEDURES: The following procedures address processing of
interstate cases: establishment of orders where the District of
Columbia is the initiating or responding jurisdiction, enforcement
of orders where the District of Columbia is the initiating or
responding jurisdiction, registration of orders, and Central
Registry,.
Interstate Overview
The governing rule of the Uniform Interstate Family Support Act
(UIFSA) is “one order/one time/one place.” UIFSA and the Full Faith
and Credit for Child Support Orders Act (FFCCSOA) prohibit any
tribunal from entering a new support order if one already exists.
UIFSA governs most intergovernmental child support actions throughout
the nation and with foreign countries.
The Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (PRWORA) contains requirements for the implementation of UIFSA.
Federal and state regulations delineate how cases are processed under
UIFSA.
In general, the state that is the residence of the custodial parent is
considered the initiating jurisdiction and that state sends an
intergovernmental request to the non-custodial parent’s jurisdiction
for establishment, registration, modification or enforcement of a
child support order. The responding state then follows UIFSA and their
state laws to establish paternity, establish orders, enforce orders,
modify orders, redirect payments/change of payee, and register a
Foreign Support Order. When the District of Columbia is the state
where the CP resides, and long-arm jurisdiction cannot be established
over the non-custodial parent, the District of Columbia sends an
intergovernmental request to the non-custodial parent’s jurisdiction
and the District becomes an initiating jurisdiction. In these cases,
the purpose of CSSD is to provide child support services to the CP/DC
Foster Care Agency. CSSD is the point of contact for the responding
state.
Conversely, the state that is the residence of the non-custodial
parent is considered the responding jurisdiction and that state
receives the initiating jurisdiction’s intergovernmental request for
establishment, registration, modification or enforcement of a child
support order. When the NCP lives in the District of Columbia and the
CP lives in a different jurisdiction, the District of Columbia
receives the intergovernmental request from the custodial parent’s
jurisdiction and the District becomes the responding jurisdiction. In
these cases, the purpose of CSSD is to provide child support services
by processing incoming petitions/intergovernmental requests from other
states.
Note, in addition, the law requires that each state have a designated
Central Registry that acts as the central location for states to
communicate with each other regarding intergovernmental cases. The
Central Registry receives intergovernmental requests sent by other
states’ child support enforcement agencies. For CSSD, the District of
Columbia’s Central Registry is located within the Intake Unit.
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