454.405. Enforcement of support obligations, counties to cooperate--agreements, contents, funding, cancellation--prosecuting attorneys, additional staff, funds.
Enforcement of support obligations, counties to cooperate--agreements,contents, funding, cancellation--prosecuting attorneys, additionalstaff, funds.
454.405. 1. Each county shall cooperate with the divisionof child support enforcement in the enforcement of supportobligations under the state plan by appropriating a sufficientsum of money for the offices of the prosecuting attorney or, byentering into a multiple county agreement to share the costs ofenforcement of support obligations and appropriating sufficientfunds for such enforcement, and by appropriating to the circuitclerk a sufficient sum to enable those offices to perform anyduty imposed under this law or any other law with respect to theenforcement of support obligations or to the transmittal ofsupport moneys to the division of child support enforcement fordeposit in the state treasury to the credit of the child supportenforcement fund.
2. The director of the division of child supportenforcement shall enter into cooperative agreements with city orcounty governing bodies or officers, including, but notnecessarily limited to, circuit courts, circuit clerks andprosecuting attorneys who choose to enter into a cooperativeagreement, except that the director of the division of childsupport enforcement may, not less than sixty days prior to theexpiration date of an existing cooperative agreement, notify acity or county governing body or officer that the division willnot enter into a cooperative agreement because the city or countygoverning body or officer failed to comply with the terms of theexisting cooperative agreement, or with rules established by thedivision pursuant to subsection 4 of this section. The noticeshall be in writing and shall set forth the reason for notentering into a new cooperative agreement. The notice shall besent by certified mail, return receipt requested, to all city orcounty signatories of the existing cooperative agreement. Withinthirty days of receipt of the notice, the city or countygoverning body or officer may submit to the director of thedivision of child support enforcement objections to the findingsof the director, or a proposed plan to bring the city, county orofficer into compliance. The director shall respond to theobjections or the proposed plan prior to the expiration date ofthe existing cooperative agreement.
3. The cooperative agreements to be executed shall provide,as a minimum, for the following:
(1) For the governing body of the city or county to hiresuch additional stenographic, secretarial and administrativeassistants as may be required to administer the child supportenforcement program within that jurisdiction or, if the city orcounty is a participant in a multiple county agreement, toparticipate in the cost of the additional staff;
(2) For the city or county, upon recommendation of theprosecuting attorney, to hire such additional assistantprosecuting attorneys as may be required to administer the childsupport enforcement program within that jurisdiction or, if thecity or county is a participant in a multiple county agreement,to participate in the cost of attorneys retained for thatpurpose;
(3) For the city or county to furnish office space andother administrative requirements for the proper administrationof the child support enforcement program within that jurisdictionor, if the city or county is a participant in a multiple countyagreement, to participate in the cost of the office space andother administrative requirements;
(4) For the reimbursement by the state from moneys receivedfrom the federal government of reasonable and necessary costs, asdetermined by the director of the division of child supportenforcement, associated with enforcement of support obligationsby the county or city or, if applicable, the multiple countyunit, at the applicable rate, to be paid at least monthly ifproperly authenticated vouchers are submitted by the city orcounty. Payments shall be made no later than thirty days fromthe date of submission of the vouchers;
(5) For the city or county or, if applicable, the multiplecounty unit, to maintain financial and performance recordsrequired by federal regulation to be available for inspection byrepresentatives of the department of social services, the stateauditor, or the United States Department of Health and HumanServices; and
(6) For the payment of incentive payments by the state frommoneys received from the federal government as provided by theSocial Security Act and federal and state regulations promulgatedthereunder. The division of child support enforcement shallcalculate and promptly pay to the city or county a basicincentive payment not less than the minimum incentive paymentrate established by 45 CFR 303.52; provided, however, that thetotal amount paid as incentives for non-AFDC collections shall notexceed the total amount paid as incentives for AFDC collections,unless otherwise agreed upon in the cooperative agreement betweenthe state and county or city. Incentive payments by the state tothe counties shall not occur for any period during which thestate does not receive incentive payments from the federalgovernment.
4. The division of child support enforcement shall have theauthority to promulgate rules pursuant to this section, section454.400 and chapter 536, RSMo, in order to establish criteria forrecord keeping and performance relating to the effectiveadministration of the child support enforcement program, whichshall apply to a city or county office or officer, or multiplecounty unit, with whom a cooperative agreement is entered. Thedivision may cancel a cooperative agreement with a city or countyoffice if the office fails to comply with the rules establishedunder this subsection, or fails to comply with the terms of thecooperative agreement. The division director shall notify thecity or county governing body or officer in writing, settingforth the reason for the cancellation. Notice of cancellationshall be sent by certified mail, return receipt requested, to allcity or county signatories of the cooperative agreement, andshall be mailed at least sixty days prior to the effective dateof cancellation. Within thirty days of receipt of the notice,the city or county governing body or officer may submit to thedirector of the division of child support enforcement objectionsto the findings of the director, or a proposed plan to bring thecity, county or officer into compliance with the cooperativeagreement or rules established under this subsection. Thedirector shall respond to the objections or proposed plan priorto the effective date of cancellation.
5. At any time after the director determines not to enterinto a cooperative agreement under subsection 2 of this sectionor cancels a cooperative agreement under subsection 4 of thissection, the city or county governing body or officer may requestthat a new cooperative agreement be negotiated. At the time ofthe request, the city or county governing body or officer shallsubmit a proposed plan for compliance with a cooperativeagreement or with rules established under this section. Afterthe request and submission of the proposed plan, the director mayenter into a cooperative agreement with the city or countygoverning body or officer. The cooperative agreement shallcontain the provisions set out in subsection 3 of this section.
6. The limitations set out in chapter 56, RSMo, regardingthe salaries and the number of assistant prosecuting attorneysand the stenographic or administrative personnel shall not apply,and the county or city governing body shall appropriatesufficient funds to compensate such additional staff or multiplecounty unit for implementing the provisions of the child supportenforcement program.
7. With the approval of the city or county governing bodyand the director of the division of child support enforcement,and for the purpose of investigating the child support cases, theprosecuting attorney, circuit attorney or multiple county unitmay employ sufficient investigators to properly administer theprovisions of the child support enforcement program.
(L. 1982 S.B. 468 § 2, A.L. 1984 H.B. 1275, A.L. 1986 H.B. 1479, A.L. 1990 S.B. 834, A.L. 1993 S.B. 52)