georgia’s child support program

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Georgia’s Child Support Program

… what you need to know

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Essential Child Support Facts

In order to receive TANF, an AU must cooperate with the Office of Child Support Services (OCSS).

An absent parent (AP) whose child receives TANF incurs a debt to the

state.

By receiving TANF, an AU’s rights to child support are assigned to the state.

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What does DFCS have to do?

The case manager must explain to the AU

the purpose of Georgia’s child support program

that by receiving TANF, it’s assigning to the state its rights to child support

its requirement to cooperate with OCSS and what will happen if the AU fails to cooperate

its right to claim good cause at any time, how to establish good cause, and how long it has to do this.

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What does DFCS have to do? (cont.)

Have the client sign Form 138

at application

at review, as needed

when adding a child to the AU, and

when a change in paternity is reported.

File the signed original in the record and give a copy to the AU.

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What does DFCS have to do? (cont.)

obtain information about the AP

refer the AP to OCSS

determine if the AU has good cause to not cooperate with OCSS

take action if the AU fails to cooperate.

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What does OCSS have to do?

locate the AP

establish paternity

obtain child support court orders

collect child support and distribute payments

notify DFCS if the AU fails to cooperate

review good cause decisions.

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What information do we have toobtain from the AU?

the AP’s full name

the AP’s home and business addresses

the AP’s SSN

the AP’s DOB

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What information do we have toobtain from the AU? (cont.)

the date of the AU’s last contact with the AP

the address of a family member or friend who knows how to contact the AP, and

the date and amount of any child support received from the AP.

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SUCCESS Screens

Information about the AP is entered into SUCCESS on the following screens:

APID – enter basic AP info., including

the AU’s non-cooperation with OCSS

whether the AU has good cause for non-cooperation

APAD – enter addresses for the AP and his parents

APDE – enter AP’s demographic info.

APEM – enter info. re the AP’s current and former employers

APCO – enter info. re. child support court orders

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SUCCESS Screens - APIDAPID

INQUIRY ABSENT PARENT IDENTIFICATION - APID APID B

Month 05 08 01

Remarks

HOH Name Del AP AP Returned Home N

AP Name Suf

SSN Seq Num 00001

Dep First Last Legal Pat Dep First Last Legal Pat Dep First Last Legal Pat

Name Name Rel Type Name Name Rel Type Name Name Rel Type

IV-D --- Good Cause Claim --- Referral 130 Form UCB Other Income

Coop Ind Rsn Stat Date Date Date Ind Types

Union/Local

Message

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The APID screen is where you document the following, as needed:

if the AP is unknown, and why

date the AP was screened in $TARS

the AU’s non-cooperation with OCSS

the AU’s good cause for non-cooperation

changes or discrepancies in the AP’s information

date on which a 713 is sent to OCSS to update information

date on which a manual form 130 is sent

date and load # if a SUCCESS form 130 sent.

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Referrals

Refer to OCSS the AP of a child included in the AU.

Do not refer to OCSS the AP of

a minor caretaker

a married minor

an 18-year-old dependent child

a minor parent’s child if the child is not included in the AU.

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Cooperating with OCSS

An AU must cooperate with OCSS in

keeping all scheduled appointments

helping to locate the AP

helping in establishing legal paternity

obtaining child support from the AP.

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If OCSS notifies us that the AU hasfailed to cooperate …

Follow the steps below:

Step 1

Contact the OCSS agent and discuss the AU’s failure to cooperate.

Step 2

Contact the AU (by phone or office appointment) and discuss its failure to cooperate with OCSS.

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If OCSS notifies us that the AU hasfailed to cooperate … (cont.)

Step 3

Determine if good cause exists (instructions to follow)

Step 4

Notify OCSS of the action you’ve taken.

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Good Cause

An AU can claim good cause at anytime.

We cannot deny or terminate TANF pending a good cause determination.

When an AU claims good cause, OCSS will suspend activity until a determination is made.

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Good Cause (cont.)

Good cause exists if

cooperating with OCSS may result in harm to the child, grantee relative or minor parent

the child was conceived as the result of rape or incest

adoption proceedings are pending.

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Good Cause (cont.)

It’s up to the AU to provide the information needed to establish good cause.

But, we have to help.

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If the AU claims good cause, follow these steps …

Step 1

Tell the AU what information it needs to provide to establish good cause.

Step 2

Allow the AU 20 calendar days from the time it claims good cause to provide the needed information. If you give the AU more time, document why.

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If the AU claims good cause, follow these steps … (cont.)

Step 3

Notify OCSS immediately if an AU’s good cause claim involves an AP who has already been referred.

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If the AU claims good cause, follow these steps … (cont.)

Step 4

If requested, help the AU in its efforts to provide needed information.

Do not contact the AP unless necessary to determine good cause. Notify the AU before contacting the AP.

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Step 5

Review the information provided by the AU.

If necessary, request more information.

If the AU claims good cause, follow these steps … (cont.)

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If the AU claims good cause, follow these steps … (cont.)

Step 6

Based on the available evidence, determine if good cause exists.

Make a good cause determination within 45 calendar days from the date of application, or within 30 calendar days at any other time.

Step 7

Document your good cause determination.

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If good cause exists …

Notify the AU and OCSS within 2 working days.

Review good cause at the next review, or sooner if circumstances change.

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If good cause does not exist …

Notify the AU and OCSS within 2 working days.

The AU has 10 days to choose to

cooperate with OCSS

request closure or withdraw the application

exclude the AP’s child if the child is not an SFU member

request a hearing.

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If good cause does not exist …

Take appropriate action based on the AU’s decision (see previous screen).

Do not take action or refer to OCSS if a hearing is requested.

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Reapplication

If an AU reapplies for TANF after failing to cooperate with OCSS,

the AU must cooperate with OCSS,

or

good cause must be established

BEFORE

we can approve the application.

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Reapplication (cont.)

The applicant must

sign Form 5706 ( TANF Child Support Services Compliance Agreement)

contact OCSS within 10 days of signing the form, and

attend appointments with OCSS.

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2007 TANF Audit

The TANF audit found that

DFCS was failing to take action on notices of noncooperation with OCSS

mandatory forms were not in case records, and

documentation in SUCCESS and in case records was inadequate.

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2007 TANF Audit Findings (cont.)

Some county DFCS offices claimed that

notices of noncooperation from OCSS were not received, and

sanction requests from OCSS were often for closed cases.

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Corrective Action Plan

Based on the audit findings, we are going to implement the following corrective action measures:

Step 1.

We will establish for each county DFCS office an electronic mailbox or distribution list.

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Corrective Action Plan (cont.)

Step 2.

Each county’s mailbox or distribution list will be controlled and monitored by the County Director or someone s/he designates.

The county’s FPS will be included among those who have access to the mailbox or list.

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Corrective Action Plan (cont.)

Step 3.

Notices of cooperation or noncooperation will be sent by OCSS to the county’s electronic mailbox.

Every notice from OCSS must be logged and given to the case manager within 2 business days from receipt of the notice.

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Corrective Action Plan (cont.)

Step 4.

The case manager must take appropriate action within 5 business days from receipt of the notice.

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Corrective Action Plan (cont.)

Step 4. (cont.)

Appropriate action means that you:

1. Contact the OCSS agent

2. Contact the AU re. its failure to cooperate with OCSS

3. Determine if good cause exists

4. Notify OCSS of the action you’ve taken.

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Corrective Action Plan (cont.)

Step 4. (cont.)

If the AU complies, document in SUCCESS. The AU’s eligibility will continue.

If the AU requests a hearing, take no action pending the hearing’s outcome.

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Corrective Action Plan (cont.)

Step 4. (cont.)

The AU can choose to exclude the AP’s child if the child is not an SFU member.

If the AU continues to not cooperate, close the case.

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Corrective Action Plan (cont.)

Step 4. (cont.)

If the AU requests closure, close the case.

If the client does not respond by the 10th business day, close the case.

Give timely notice as required.

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Corrective Action Plan (cont.)

Step 5.

Notify OCSS of the action taken as soon as possible but no later than 30 calendar days of receipt of the original notice from OCSS.

Complete the response to OCSS on Form LSA, including the original notice of non-cooperation. Log all responses to OCSS.

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Corrective Action Plan (cont.)

Step 6.

To ensure tracking accuracy, all correspondence must include a copy of the original e-mail from OCSS – always select “reply all” in your emails.

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Corrective Action Plan (cont.)

Step 7.

A monthly, consolidated list of OCSS notices will be compiled so the county, the FPS and the state TANF unit can reconcile the notices sent each month with the actions taken.

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Corrective Action Plan (cont.)

Step 8.

The FPS will monitor and track these procedures each month.

The FPS will send their region’s reconciled tracking sheet to the State Office by the 15th of following month.

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Corrective Action Plan (cont.)

County DFCS offices and OCSS began using this electronic process on April 21, 2008.

The first tracking report will be due to the state office on May 15, 2008.