Section 75-02-04-12 - Incentive payments1. The agency shall make an incentive payment to any county of this state which participates in the costs of the program, taking into account the efficiency and effectiveness of the program activities carried out by that county. 2. Of the total amount of incentive payments made available to the state by the office of child support enforcement of the United States department of health and human services, in each biennial period, twenty-five percent must be retained by the agency in recognition of participation in the costs of the statewide program; the administration of the state plan in conformity with the specific requirements of the department of health and human services; the effective operation of a central parent locate office; the efficiency of receipting and distributing collections from a single centralized location; and the efficient and effective collection of past-due support through federal and state income tax refund offset programs. 3. Of the total amount of incentive payments made available to the state by the office of child support enforcement of the United States department of health and human services, in each biennial period, seventy-five percent must be paid by the agency to all the counties which participate in the costs of the program. The agency shall calculate the incentive to be paid to the counties comprising each regional unit, and shall distribute to each county the proportion of the incentives so calculated that is the same proportion as that county's share of regional unit expenditures borne by all counties in that region. 4. Of the total amount of incentive payments made available to counties, those payments which are made to the agency without regard to the state ratio of collections to total IV-D administrative costs, as provided in 42 U.S.C. section 658(b)(1)(A) and (B), will be distributed to the counties comprising each regional unit, based on cost effectiveness. The total collections within each regional unit will be divided by total expenditures within each regional unit. The resulting ratios will be added together. Each regional unit's individual ratio will be divided by the total of all ratios to determine the share of incentive payments of this type to be distributed within each region. This calculation will be made quarterly, and incentives of this type will be paid quarterly. For the purposes of making the calculation described in this subsection, total collections will include collections made in Indian reservation cases, but total expenditures will not include Indian reservation project expenditures. 5. Of the total amount of incentive payments made available to counties, those payments which are made to the agency based upon the state's ratio of collections to total IV-D administrative costs will be distributed to the counties comprising each regional unit based on paternity establishment, support obligation establishment, and successful location of obligors. a. Sixty percent of the incentive payments of this type will be distributed to the counties comprising each regional unit based on paternity establishment. The number of paternities established in each region will be divided by the number of open cases in each region. The resulting paternity-to-caseload ratios for all regions will be added together. Each region's individual paternity-to-caseload ratio will be divided by the total paternity-to-caseload ratio to determine the percentage of incentive payment of this type to be distributed within each region. b. Thirty percent of the incentive payments of this type will be distributed to the counties comprising each regional unit based on support obligation establishment. The number of support obligations established in each region will be divided by the number of open cases in each region. The resulting support-establishment-to-caseload ratios for all regions will be added together. Each region's individual support-establishment-to-caseload ratio will be divided by the total support-establishment-to-caseload ratio to determine the percentage of incentive payment of this type to be distributed within each region. c. Ten percent of the incentive payments of this type will be distributed to the counties comprising each regional unit based on the successful location of obligors ("locates"). The number of locates made in each region will be divided by the number of open cases in each region. The resulting locate-to-caseload ratios for all regions will be added together Each region's individual locate-to-caseload ratio will be divided by the total locate-to-caseload ratio to determine the percentage of incentive payment of this type to be distributed within each region. d. For the purposes of making the calculations described in this subsection, the number of paternities established, the number of support obligations established, the number of locates, and the caseload will include Indian reservation cases. e. The calculations described in this subsection will be made, and the calculated amounts distributed, annually after the end of the federal fiscal year. Effective January 1, 2008, section 75-02-04-12 is repealed.
N.D. Admin Code 75-02-04-12
Effective September 1, 1979; amended effective December 1, 1981; October 1, 1989; July 1, 2006.General Authority: NDCC 50-09-02
Law Implemented: 45 CFR 302.52