Applicants and participants must cooperate with child support for all minor children in the CCAP family with an absent parent at application, by the end of the three-month eligibility period for families experiencing homelessness, and at redetermination. If a family does not cooperate, they are not eligible for child care assistance unless the parent has claimed good cause. See Chapter 4.9.6 (Child Support Good Cause Claim).

Note: A family is not required to cooperate with child support for biological parent(s) of an adopted child or for a child with absent parent(s) that has had their parental rights terminated. In these situations, the absent parent(s) no longer has parental responsibility to the child.

Cooperation with child support may include:

· Establishing paternity.

· Establishing a support order.

· Modifying a support order.

· Enforcing of an existing support order.

· Providing all known information relevant to the absent parent such as name, address, social security number, phone number, place of employment or school, and the names and addresses of any relatives.

· Appearing at interviews, hearings, and legal proceedings.

· Submitting to genetic tests, including genetic testing of the child, if under a judicial or administrative order.

· Providing additional information necessary to cooperate in good faith with the Child Support agency.

Note: Cooperation with child support is required for all children with an absent parent even in situations when an absent parent is deceased. Require child support cooperation and the local Child Support agency will determine if services will be pursued.

Determining cooperation status

Determining cooperation status for children in foster care:

Consider a family with a foster child to be cooperating. The completed and signed application or redetermination meets the child support cooperation requirements for their foster children.

· Do not send the Referral to Support and Collections (DHS-3163B) form for their foster children.

· Do not send a referral to PRISM or Child Support for their foster children.

Determining cooperation status for all other minor children with an absent parent:

Consider a family to be cooperating when:

· There is an open child support case in PRISM for each child with absent parent(s) coded as being in cooperation,

OR

· The Referral to Support and Collections (DHS-3163B) (PDF) form is completed when there is no open child support case in PRISM,

OR

· The Child Support agency determines that a closed case or a case that was never opened does not require new forms. For example, child support will not always open a child support case for older children who are not receiving CCAP. In these situations, the family met cooperation requirements when the original form was completed.

See the MEC2 User Manual for “Child Support Cooperation and Good Cause Safety Concern (GCSC)” guidance.

When there is no open child support case in PRISM or the local Child Support agency determines that a closed case in PRISM requires new forms, send the Cooperation with Child Support Enforcement (DHS-2338) (PDF), Understanding Child Support-A handbook for parents (DHS-3393) (PDF) and the Referral to Support and Collections (DHS-3163B) (PDF). The family must complete the Referral to Support and Collections (DHS-3163B) (PDF) to meet cooperation requirements for Child Care Assistance. If the family is claiming good cause, they must also complete the Cooperation with Child Support Enforcement (DHS-2338) (PDF). The family can request good cause at any time. See Chapter 4.9.6 (Child Support Good Cause Claim).

At application, by the end of the three month eligibility period for families experiencing homelessness or at redetermination, if the Referral to Support and Collections (DHS-3163B) (PDF) form is required and not completed for each child in the CCAP family with an absent parent, the family is not cooperating with child support thus not eligible for child care assistance. Take action to deny or close the family’s CCAP case. See Chapter 3.6 (Accepting Applications), Chapter 10.6.3 (Redetermination Processing Standards), and Chapter 10.6.10 (Redetermination – Processing Reinstatement).

To determine if a family is in cooperation with child support at application, see Chapter 4.9.9 (Child Support Cooperation at Application). To determine if a family is in cooperation with child support at redetermination, see Chapter 4.9.12 (Child Support Cooperation at Redetermination).

Changes in family composition during 12-month eligibility period

During the 12 month eligibility period, families may be sent the Cooperation with Child Support Enforcement (DHS-2338) (PDF), Understanding Child Support-A handbook for parents (DHS-3393) (PDF) and the Referral to Support and Collections (DHS-3163B) (PDF) forms when there are changes in family composition. Changes in family composition may include a child with an absent parent being added to the CCAP family or a parent leaving the CCAP family. See Chapter 8.1.3 (Changes in Household Composition).

If the Referral to Support and Collections (DHS-3163B) form is not returned, code the “Forms Received” in MEC² as “No,” but do not terminate CCAP eligibility during the 12 month eligibility period for non-cooperation with child support. The family must be in cooperation with child support by their next redetermination. See Chapter 4.9.12 (Child Support Cooperation at Redetermination).

Child support cooperation for an intact family

If both presumed parents are living in the home but paternity is not established, require the family to cooperate with child support at application, by the end of the three-month eligibility period for families experiencing homelessness, or at redetermination to establish paternity. For these families, the requirement to cooperate with child support is met by cooperating with the Child Support agency to establish paternity.

A signed and notarized Recognition of Parentage (ROP) form or birth certificate can be used as the father’s verification of parentage. If the family does not have verification of parentage, get a signed statement from the family attesting to the correctness of the information and require child support cooperation. While paternity is being established, the parent is included in the CCAP household size.

After paternity is established, the family no longer has to cooperate with child support for the father in the intact family. Child support cooperation requirements at application, by the end of the three-month eligibility period for families experiencing homelessness, or at redetermination would be required for any other children in the home with absent parent(s).

Child care support

If a court order establishes child care support for a child receiving child care assistance, the child care support is assigned to the State. This means the amount ordered for the absent parent to pay towards the child’s child care costs are assigned to the state to offset the child’s eligible child care costs paid by CCAP.

An applicant assigns all rights of the family to child care support to the state by completing the Minnesota Child Care Assistance Program Application (DHS-3550) (PDF) or the Combined Application - Child Care Addendum (DHS-5223D) (PDF) in addition to the Combined Application Form (DHS-5223) (PDF).

Legal authority

Minnesota Statutes 142E.10, subd. 1
Minnesota Statutes 518A.81
Minnesota Rules 3400.0040, subp. 5a
Minnesota Rules 3400.0180, subp. 3
Minnesota Rules, 3400.0183, subp. 2(C)