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REVIEW AND MODIFICATION

2016 NCSEA CONFERENCE

Presented by Denise Drake

and Kari Fisk

FEDERAL/STATE REGULATIONS

STATE STATUTES

R&M Federal Regulations

Title 45 Code of Federal Regulations (CFR) Public Welfare

§303.8 Review and Adjustment of Child Support Orders www.ecfr.gov.

R&M State Regulations

Title 466 Nebraska Administrative Code (NAC) 8-000

http://dhhs.ne.gov/Pages/reg_t466.aspx

R&M State Statutes

§43-512.12 - §43-512.17

http://nebraskalegislature.gov/laws/browse-chapters.php?chapter=43

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BASIC POINTS

A party to the court order may request an application

for review and possible modification.

A request for review of a Nebraska order can be

completed by sending a request in writing or calling the

Customer Service Call Center, a local CSE Office or the

Central CSE Office.

Any CHARTS user can send a R&M packet for a Nebraska

Court Order by using Document Path 6073.

BASIC POINTS

Child Support orders are eligible for possible modification if there is not a provision for health care coverage in the order, or health care coverage is available to either party and child(ren) do not have health care coverage other than through Medicaid.

NOTE: Medical Support Only modifications are done by a County Attorney/Authorized Attorney (CA/AA), not the Central R&M Unit.

All parties will be provided with the results of the review, and/or the results of the modification.

When an R&M case has been transferred to the CA/AA for possible modification, the CSE R&M Unit will send the “Case Transfer Notice” to both parties advising them that the R&M case has been transferred.

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TIMEFRAMES

Within 180 calendar days of receiving a completed/signed

application for a review or location of the non-requesting

party, whichever is later, CSE will:

Conduct a review of the order and modify the order; or

Determine that the order should not be modified.

TIMEFRAMES

Upon the request of either the CP or the NCP, or in an agency-initiated

review, CSE Central Office (CO) will decide within 15 calendar days if a

review should be conducted.

After Review Findings are issued, either party may request reconsideration

within 30 calendar days.

If it is determined the order should be modified, the CA/AA must file a

petition for modification within 15 calendar days of receipt of a referral.

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TIMEFRAMES

After issuance of an order or a determination has been

made that a modification will not be pursued, within 14

calendar days all parties must be sent a copy of the

order, or notification that the order will not be

modified.

An order may be reviewed after one year, if CSE CO’s

previous review was not referred because the financial

circumstances had not lasted three months and were

not reasonably expected to last for an additional six

months.

RIGHT TO REQUEST REVIEW

NOTICE CSE will provide a notice at least once every three years

to all parties with Nebraska IV-D Child Support orders of

their right to request a review for modification.

Ran on the 3rd Saturday of each month.

Generation of this notice is documented in Event Log

and in the Court Case Folder/Party Tab.

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R&M and Enforcement

License Suspension (LS)

NCP may file a motion or application to modify. This

action will stay the LS process until there is a disposition

on the R&M.

CSE Worker should stay the LS to allow time for NCP to

return the packet to the Central R&M Unit.

If the license has already been suspended PRIOR to the

R&M request, the license will not be complied, however

the CSE worker cannot continue to the next tier in the LS

process.

R&M does not stop any other enforcement action such

as IW, tax offset, etc.

Types of Reviews

ARP

A party to the CS order may request an application for review

Agency

CSE is required by Federal Regs to review orders at least once

every 3 years when there is an assignment under ADC/TANF

and/or IV-E Foster Care

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ARP-Packet Process

Call Center or any Caseworker can complete the 6073

path to request an R&M packet (white packet).

Central Print option is a batch process. CHARTS

prequalifies the case and may deny R&M (ex. not a NE

order, youngest child over 18, no current support). Packet

is mailed from CSE CO the next day.

Local Print option allows workers to print and mail packet

from their office. No criteria is checked until received by

CO R&M worker.

Requestor can complete the online application

https://dhhs-rmnpa.ne.gov/RMNPAApp/

Either party can email documentation to

DHHS.CSERM@Nebraska.gov or fax to (402) 742-8371.

Agency Packet Process

CHARTS pulls agency cases on first weekend of month.

Cases are pulled when the order is three years old in

the previous month and there was an assignment for

ADC/TANF or IV-E Foster Care during that month and is

ongoing.

CSE CO mails packets and builds the R&M file.

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Agency R&M Process

CP (Requestor) has 35 days to return the agency packet

(beige). CP sanctioned if not returned.

If CP closes PA prior to Review Findings, they are given the

option to continue with the R&M (R&M Agency Notice of

Continuation Letter)

After 35 days, the Notice of Intent to Review (NOI-

Green packet) is sent to the NCP, and they have 35 days

to return the packet.

ARP R&M Process

Once packet received in CSE CO, R&M case built and file

assigned to R&M Worker.

CO R&M worker reviews case to determine if it meets

criteria as listed in 466 NAC 8-002 and 466 NAC 8-002.01.

If case meets criteria, packet reviewed for completeness.

Additional information letter may be sent.

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ARP R&M Process

If packet complete and meets criteria, NOI sent to Non-

Requestor.

Employment Verification Letter (EVL) and Postmaster

Letter (PML) sent as needed.

Non-Requestor has 35 days to return NOI packet and

documentation.

Review Findings (Agency &

ARP)

35 days after NOI sent to Non-Requestor, R&M staff do

the Review Findings and send letter with results.

If both parties return information, a guideline calculation

will be ran, and the letter will state whether findings are

“Increased”, “Decreased”, “No Change” or “Reviewed,

Not Referred (RVNR)”. Health Insurance is also reviewed.

If one party does not return information, findings will be

“Presumed”.

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RVNR

Reasons for a finding of RVNR:

NCP is receiving Unemployment Insurance Benefits at the

time of the review findings

Financial circumstances have not lasted 3 months or

expected to last 6 months. Used when circumstances

change during the R&M process.

No Change

Finding of No Change may happen when the Guideline

Calculation shows less than a 10% change (or at least

$25)

These cases are still transferred to the CA/AA to review

for 2nd families or other circumstances.

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Presumed

If Presumed, Regulations state:

if CP does not return financial information, there is a

presumed 10% decrease in MSO.

If NCP does not return financial information, there is a

presumed 10% increase in MSO.

No guideline calculation is sent with Presumed Findings.

The party not returning the information is sent another

NOI to complete.

Reconsideration

Both parties have the right to a Reconsideration. They have 30 days from the date of the Review Findings to send a letter and documentation supporting why they feel there was an error. A second R&M worker will review the file to determine if error was made.

At the end of the Reconsideration period, if the packet is returned on a presumed case, then a Reconsideration Findings letter with a guideline calculation will be sent to the parties and the case is transferred to the CA/AA.

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R&M Case Transfer

The case will be transferred to the CA/AA,

unless the findings were RVNR. CA/AA R&M

worker will receive an informational tickler

(will be automated with March 2017 release).

If presumed findings, a Test Calculation is ran

based on any financial information that was

returned through an EVL or State Employment

Wage (SEW). The Test Calculation is for the

CA/AA only, it is not sent to the parties.

Case Transfer letter sent to both parties.

R&M file sent to CA/AA.

R&M Imaging

CA/AA R&M Worker can begin reviewing documentation

by associating to CSE case, then associate to Event Log.

Select CP/NCP ARP IDs, CSE Case, and Court case

Select Business areas of R&M and Establishment

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CA/AA Responsibility

CHARTS adds Caseworker’s name to R&M

folder/Caseworker tab when referral is sent.

Within 15 days of receiving referral, CA/AA must file

application for modification or deny modification.

Complete Order Modified or Order Not Modified path in

R&M Folder, Case Progression Tab.

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TICKLERS

Informational Tickers sent to the assigned R&M worker

at case transfer and to remind them of timeframes.

Ticklers sent on Day 90, 130 and 160.

Action tickler sent on day 180 reminding R&M worker

that the R&M timeframe has been met. Modification

status must be updated on Modification Screen.

Send Order Modified/Not Modified Click Edit Button, then double click either “Send Copy

of Modified Order” or “Send Order Not Modified,”

Green Arrow Forward.

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Send Order Modified/Not

Modified

Green Arrow Forward

If Order Not Modified

Click Edit button and select reason order not modified.

If “Other”, text box will open. Save and Green arrow

forward to complete the path and print letters.

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If Order Modified

Click Edit button and complete the fields below. Use

Date order signed in Modification Order Date Field.

Save and Green arrow forward to complete the path

and print letters.

SELF-ASSESSMENT

Case reviews are completed to satisfy federal

requirement to meet case processing standards.

R&M standard efficiency rate for completing cases

within 180 calendar days is 75%.

CSE needs to meet the 75% efficiency rate by

September 30th each federal fiscal year.

If not met, CSE has to enter into a corrective action

plan.

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*QUESTIONS*

Thanks for Attending the 2016 NCSEA

R &

Training Session!