Section 256.979 Child Support Incentives

256.979 CHILD SUPPORT INCENTIVES.

Subdivision 1.

[Repealed, 1993 c 340 s 60; 1Sp1993 c 6 s 35]

Subd. 2.

[Repealed, 1993 c 340 s 60; 1Sp1993 c 6 s 35]

Subd. 3.

[Repealed, 1993 c 340 s 60; 1Sp1993 c 6 s 35]

Subd. 4.

[Repealed, 1993 c 340 s 60; 1Sp1993 c 6 s 35]

Subd. 5.Bonus incentive program.

(a) A bonus incentive program is created to increase the number of paternity establishments and establishment and modifications of child support orders done by county child support enforcement agencies.

(b) A bonus must be awarded to a county child support agency for each child for which the agency completes a paternity order or for each case in which child support is established or modified through judicial or expedited processes.

(c) The rate of bonus incentive is $100 per child for each paternity established, or $100 per case for each child support order established or modified, which is set in a specific dollar amount.

(d) No bonus shall be paid for a modification that is a result of a termination of child care costs according to section 518A.40, subdivision 4, or due solely to a reduction of child care expenses.

Subd. 6.Claims for bonus incentive.

(a) The commissioner of human services and the county agency shall develop procedures for the claims process and criteria using automated systems where possible.

(b) Only one county agency may receive a bonus per paternity establishment or child support establishment or modification order. The county agency completing the action or procedure needed to establish paternity or a child support order or modify an order is the county agency entitled to claim the bonus incentive.

(c) Disputed claims must be submitted to the commissioner of human services and the commissioner's decision is final.

Subd. 7.Distribution.

(a) Bonus incentives must be issued to the county agency quarterly, within 45 days after the last day of each quarter for which a bonus incentive is being claimed, and must be paid in the order in which claims are received.

(b) Bonus incentive funds under this section must be reinvested in the county child support enforcement program and a county may not reduce funding of the child support enforcement program by the amount of the bonus earned.

(c) The county agency shall repay any bonus erroneously issued.

(d) A county agency shall maintain a record of bonus incentives claimed and received for each quarter.

(e) Payment of bonus incentives is limited by the amount of the appropriation for this purpose. If the appropriation is insufficient to cover all claims, the commissioner of human services may prorate payments among the county agencies.

Subd. 8.

[Repealed, 2010 c 200 art 1 s 21]

Subd. 9.

[Repealed, 1997 c 203 art 6 s 93]

Subd. 10.Transferability between bonus incentive accounts and grants to county agencies.

The commissioner of human services may transfer money appropriated for child support enforcement county performance incentives under this section and section 256.9791 among county performance incentive accounts. Incentive funds to counties transferred under this section must be reinvested in the child support enforcement program and may not be used to supplant money now spent by counties for child support enforcement.

Subd. 11.Federal child support incentives.

(a) The commissioner of human services shall distribute to the counties the earned federal child support incentive payments using the methodology specified in Title IV-D of the Social Security Act and applicable federal regulations for earning federal incentives by the states except for the paternity portion of the incentive. The commissioner shall distribute the federal paternity incentive earned using the IV-D paternity establishment percentage. The commissioner shall follow the federal transition plans in distributing the incentives to the counties. The commissioner shall distribute to the county child support agency estimated federal incentive payments within 60 days after the end of each calendar quarter. The commissioner shall issue actual federal incentive payments to the county agency within 60 days of receiving the final federal incentive grant award from the federal agency.

(b) The county child support agency shall reinvest incentive funds disbursed under this section in the county child support enforcement program. These funds may not be used by a county to reduce funding of the child support enforcement program by the amount of the incentive earned below the base amount allowed under the applicable federal regulations. The county agency shall maintain a record of incentives earned and expended according to a procedure approved by the commissioner. The county agency shall repay any incentive erroneously issued.

History:

1987 c 403 art 3 s 25; 1993 c 340 s 8-11; 1994 c 529 s 8; 1995 c 178 art 2 s 22; 1997 c 245 art 1 s 4-8; 2000 c 458 s 3; 1Sp2001 c 9 art 12 s 5,6; art 15 s 32; 2002 c 344 s 6,7; 2002 c 379 art 1 s 113; 2005 c 164 s 29; 1Sp2005 c 7 s 28