1. 2018 Child Support Commission Bill Amendments to the APA Statute HB18-1363
2018 CFSC Conference Crested Butte June 2018 Robert Kurtz

2. What Does the Bill do?
Expands use of Administrative Process Action (APA)
Expands involvement of the obligee and due process rights of both parties
Changes three deadlines/timelines
Clarifies Attorney of Record in APA case
Clarifies court approval process of default orders
Preserves validity and survivability of APA orders
Requires filing of all genetic test results and much more
See

3. Other Bill Parts – HB
IV-D attorney files “Notice to Withdraw” (and not Motion and Order to Withdraw)
Administrative genetic testing order in judicial cases via an administrative subpoena; Second subpoena issued or Motion to Compel filed if no compliance on first subpoena; Court may establish paternity by default
Insurance Lien – Participation by all insurance companies is mandatory
See sections , and , C.R.S.

4. Handouts
This Power Point (see the “Notes Pages”) view at the Colorado Family Support Council (CFSC) website for more session details HB
Note: Also see handouts for session on Case Challenges & Problems

5. Expanded use of APA
APA can be used when the applicant for services is the obligor
Legal parentage of the applicant for services may be established in the APA case
The obligee may fully participate in the APA case and must sign a Stipulated Order for it to be effective
See § , C.R.S.

6. New Party Titles
APA-Petitioner (the person who applied for services or was mandatorily referred for services)
APA-Respondent (the other party)
The obligee or obligor can be either the
APA-Petitioner or APA-Respondent
See § , C.R.S.

7. Other Definitions “APA” and “Administrative Process Action”
“Currently Scheduled Negotiation Conference (N/C)”
“Receipt of Notice” now includes signing a Waiver of Service of Process
See § , C.R.S. CRS

8. New Timelines/Deadlines Changes
Scheduling the negotiation conference from date of “issuance of process”: 35 days (from 30)
Service of process on the APA-Respondent and delivery of Notice of Financial Responsibility (NFR) packet to APA-Petitioner: 15 days (from 11) before the N/C scheduled date
Standard Continuance (both parties have the right): 7 days (from 10)
See § , C.R.S (35 days), , C.R.S. (14 days notice) and (1), C.R.S (standard continuance).

9. Hearings
The CSEU may refer an APA case to court without an APA order (and without new service of process) if:
APA-Respondent is incarcerated and does not appear at the N/C and does not t sign a Stipulated order
When a parent is excluded by genetic testing results but the CSEU has credible evidence that the person may be a “presumed” parent
An adoption subsidy is paid on behalf of a child on the case, and
Any other reason stated in Rule
See § , C.R.S.

10. Rights of Both Parties
Right to attend the Negotiation Conference and participate in the APA case and sign a Stipulated order
Right to contest legal parentage (paternity) of any parent
Right to a one-time standard continuance not to exceed 7 days (No Change to “good cause” continuances)
See

11. “Opting out “of apa Only the APA-Respondent may Opt Out
The request for a court hearing must be:
In writing and
Delivered to the CSEU prior to the negotiation conference starting

12. Service of Process and delivery of Notices
No change in service of process methods in APA cases
Service is on the APA-Respondent only
The Notice of Financial Responsibility (NFR) packet is delivered to the APA-Petitioner; APA-Petitioner voluntarily submits to personal jurisdiction in APA case
If service was proper, no need to serve judicially if case is referred to court
See

13. Delivery of Notices Delivery may be by:
Hand delivery (includes FedEx. UPS. etc.)
First class mail
Fax
Any form of electronic delivery if agreed to by the party in writing (but remember Confidentiality!)

14. Attorney of Record in the APA Case
Must be in writing, signed by the party and attorney and delivered to the county CSEU to be effective
Legal representation in a court case is not enough
Party may fire his/her attorney at any time (in writing)
See § , C.R.S.

15. Attorney of Record in the APA Case
Attorney to receive copy of all documents and must attend the negotiation conference
Attorney may sign stipulated (agreed) order on behalf of client (client signature not required)
However, attorney must sign stipulated order to be valid

16. Exchange & Delivery of Evidence
Documents used to calculated the guidelines are provided to both parties
If NDI is flagged on the case follow that procedure
CSEU has no duty to redact documents
CSEU held harmless for proper disclosure
See § , C.R.S.

17. Negotiation Conference Results Types of Orders / Other Action
Both parties appear and agree – Stipulated Order, if appropriate
Neither party appears – Default Order, if appropriate (and no Stipulated Order signed)
One or both parties appear and there is no agreement – Temporary Order, if appropriate

18. Default Orders
Before submitting a default order to the court for approval, the default order packet must be reviewed by the worker’s supervisor, administrator, IV-D attorney or county director
If paternity is being established, the worker must complete and file with the court a Statement on Paternity confirming that paternity and legal research has been conducted and that there is only one alleged/presumed parent of the child
See , C.R.S.

19. Court Approval of default order
Court shall confirm that all documents required to be filed by statute and rule, were in fact filed with the court and
That service of process (or Waiver) was proper
Court has no subject matter jurisdiction to do anything else; approval of the default order is simply an ministerial act by the court
This codifies part of the holding in Adams Cnty. DSS v Huhyn, 883 P.2d 573 (COA 1994).

20. Court Approval of Default Orders
In approving the default order, the court can not:
Recalculate any order amounts
Request more evidence
Schedule/conduct a court hearing
These laws on default orders apply to both Establishment and modification actions

21. Default Orders
“If the court has not approved or denied approval of the default order within thirty-six days after filing with the court, the delegate child support enforcement unit shall notify the court that the deadline for approval or denial is in seven days on the forty-second day.”
See (1)(g)(I), C.R.S.

22. Survivability of APA Orders following marriage of the Parties
Amendment overrules (in part) the case of In re Marriage of Doria, 855 P2d 28 (COA 1993) that states that the marriage of the parents to each other voids a prior child support order
These APA orders now survive the marriage
Establishment of paternity
Judgment for Child Support Debt
Judgment for Costs of Collection
MSO & Retroactive Support due a Caretaker
Assigned MSO and arrears
See , C.R.S. It is automatic and no motion or order are required.

23. Survivability of APA Orders Following dismissal of parent judicial case
An APA order of any types can be filed in to a pending judicial case relating to child support
If that judicial case is dismissed (for any reason) the APA order survives the dismissal and is still a valid order unless, the court specifically dismisses the APA order as well.

24. Modifications
The post-filing 15-day objection period and procedures has been deleted from statute
This means that an APA Stipulated Order of Modification is effective (enforceable) upon filing with the court clerk or upon receipt of the Support Event 1 from the clerk if filed via DISH
An APA Default Order of Modification is effective upon approval by the court
See (1.9), C.R.S.

25. Judicial Review of an APA order
Judicial Review of an APA order by a court is controlled by Rule 60, Colorado Rules of Civil Procedure (C.R.C.P.)
This means that a party wanting a court to determine the obligations of an obligor under an APA order must file this written request within 6 months of the effective date of the APA order
The court may not conduct a review of pending APA order
See , C.R.S.

26. Filing Genetic Test Results with the Court
If, genetic testing has been conducted and those test results exclude the obligor and the CSEU dismisses the APA case, those test results are filed with the court
Also file:
Notice of Filing and
Testing Sample Collection form
See § , C.R.S.

27. DISH Procedures are Codified
Our current DISH procedures in the electronic transmission of order data elements and
The county CSEU’s role as Custodian of the Record for APA orders not paper filed with the court are now stated in statute
The bill does not otherwise affect current
See § , C.R.S.

28. Other Minor changes
Minor re-writing of some language but no change in substance
“C.R.S.” extension on all statutory cites is deleted
Erroneous section cite to Cost of Collection is corrected
Administrative subpoenas may now be served on all parties and third-parties having documents about a party in an establishment or modification action

29. Implementation of the bill
Effective date of all APA sections is July 1, 2019
IV-D Administrator Letter when all 2018 bills signed
Volume 6 revisions
ACSES/DISH enhancements
Revise/create manuals, procedures and desk aids
Revise/create all DocGen forms (and other forms)
Multiple Special Trainings
Revise APA & Judicial Certification Training materials
Revise APA Certification & Re-Certification tests

30. Questions?
Thank You!