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REV. MARCH 10, 2009

NEBRASKA DEPARTMENT OF CCS PROGRAM MANUAL LETTER # 17-2009 HEALTH AND HUMAN SERVICES 392 NAC 3-014.05A

3-014.05A Exception to Referral: A referral is not made to the IV-D unit for:

1. A family where both financially responsible parents are in the home and receiving Child Care Subsidy; 2. A family receiving Child Care Subsidy as Current Family; 3. A family receiving Child Care Subsidy for a foster child or a child receiving subsidized guardianship or subsidized adoption; 4. An unborn child; or 5. A deceased parent when the parent was a member of the child’s household at the time of death. A IV-D referral is appropriate when the deceased parent was a noncustodial parent at the time of death. 3-014.06 Cooperation in Obtaining Support: Cooperation includes, but is not limited to, action relevant to achieve the objectives in 392 NAC 3-014.01A:

1. Appearing or responding when requested to provide written or verbal information that is reasonably available to the party; 2. Appearing as a witness at judicial or other hearings or proceedings; 3. Providing information or attesting to lack of information; 4. Signing any necessary legal documents or Child Support Enforcement forms; 5. Submitting oneself and/or the child(ren) to genetic testing and otherwise assisting in the establishment of paternity for a child for whom assistance is claimed; 6. Identifying and providing relevant information about any third parties who may be liable for medical costs; and 7. Providing dependent Social Security numbers when requested. 3-014.06A Refusal to Cooperate: The IV-D worker is responsible for determining noncooperation by the client. The case manager must aid in forwarding documentation to the IV-D worker. See 392-000-300 for examples of noncooperation. If a client fails to cooperate in naming a noncustodial parent or in providing information to locate a noncustodial parent and subsequently cooperates, eligibility is reinstated effective the first day of the month during which cooperation is restored. 3-014.06B Opportunity to Claim Family Violence Provision: A client may claim Family Violence Provision by checking the box on the application indicating that cooperation with Child Support Enforcement could cause serious risk of harm from the noncustodial parent.

When the Family Violence Provision is claimed, the Child Support Enforcement system automatically sends a Statement of Safety Concerns cover letter and a child support form to the client. When the form is completed by the custodial parent, the Child Support worker will interview the client to determine the specific family violence issues of the case and assess the level of risk. During the interview, the CSE worker will explain the possible actions that will be taken in child and medical support cases. The client determines what action is taken. There may be some enforcement actions that can be taken without jeopardizing the family's safety; if not, the child support case will be closed. Family Violence Provision may be claimed at any time during the life of the case.