Title 040 | Chapter 011 | Regulation 020REG
PROPOSED
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PREVIOUS VERSION
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OFFICE OF THE ATTORNEY GENERAL
Department of Law
Department of Child Support Services
(Amendment)
40 KAR 11:020.Department of Child Support ServicesEnforcement Program application and intergovernmental process.
Section 1.
DCSS(1)
Kentucky Transitional Assistance Program (KTAP) or Kinship Care.(a)
1.
An applicant for or recipient of KTAP or Kinship Care shall make an assignment to the state of the right to any child support or maintenance owed up to the amount of public assistance paid to the recipient in accordance with KRS 15.808 and 921 KAR 2:006.2.
The assignment shall:a.
Include members of the case for whom support rights apply; andb.
Be completed when applying for KTAP or Kinship Care benefits using the application form incorporated by reference in 921 KAR 2:040.(b)
An applicant or recipient shall cooperate in all phases of child support activity that shall include, if known1.
The name of the noncustodial parent or obligor;2.
The Social Security number of the noncustodial parent or obligor;3.
Information to assist in the:a.
Location of the noncustodial parent or obligor;b.
Enforcement of a child support order; orc.
Review or modification of a child support order;4.
Establishment of:a.
Paternity, if paternity has not been established; andb.
An assigned support obligation;5.
Enforcement of:a.
An assigned support obligation; andb.
A spousal support order if DCSS6.
Forwarding any child support payment received to the SDU(2)
Foster Care.(a)
DCSS1.
The state is making a foster care maintenance payment as required by 42 U.S.C. 657 and an assignment of rights has been made; or2.
The cabinet has custody, and there is an order for the child's parent or parents to pay child support to the person, facility, agency, or the Department of Juvenile Justice or cabinet to which the child was committed or probated(b)
The child's benefit worker with responsibility for the foster care child shall:1.
Cooperate with DCSS2.
Review and approve a foster care child support referral;3.
Complete a change of status if a change occurs that relates to the child support process; and4.
Forward to DCSS(c)
If a child with special needs is adopted in accordance with 922 KAR 1:100 and reenters the custody of the cabinet, the cabinet shall:1.
Determine that good cause exists in accordance with Section 2(3) of this administrative regulation; or2.
Establish a child support obligation if:a.
A child with special needs adopted in accordance with 922 KAR 1:100 has reentered the custody of the cabinet due to the child's maltreatment or abandonment; andb.
The commissioner or CHFS designee recommends the establishment of child support.(3)
Medicaid only.(a)
If a Medicaid-only referral is made, DCSS1.
Medicaid case number;2.
Name of the noncustodial parent or obligor;3.
Social Security number of the noncustodial parent or obligor;4.
Name and Social Security number of the child;5.
Home address of the noncustodial parent or obligor;6.
Name and address of the noncustodial parent or obligor's place of employment; and7.
Whether the noncustodial parent has a health insurance policy and, if so, the policy name, policy number, and name of any person covered.(b)
An application for Medicaid shall include an assignment of rights for medical support, pursuant to 907 KAR 20:005.(c)
Except for a custodial parent who is pregnant or in her postpartum period,(d)
A Medicaid-only recipient desiring full child support services, in addition to the medical support services, shall complete and submit to DCSS(4)
Nonpublic Assistance.(a)
In accordance with KRS 15.8101.
Assigns rights for medical support only;2.
Applies for services pursuant to paragraph (c) of this subsection; or3.
Has been receiving child support services as a public assistance recipient and is no longer eligible for public assistance.(b)
DCSS(c)
Application Process for a Nonpublic Assistance Individual.1.
Upon the request of a nonpublic assistance applicant, DCSS2.
If the request is:a.
Made in person, the packet shall be provided the same day; orb.
Not made in person, the packet shall be sent to the applicant within five (5) working days of the request.3.
The application packet shall include the following:a.
CS-33, Application for Child Support Services;b.
CS-202, Authorization for Electronic Deposit of Child Support Payments; andc.
CS-11, Authorization and Acknowledgement of No Legal Representation.4.
In order to receive child support services, the applicant shall complete and return the following:a.
CS-33, Application for Child Support Services; andb.
CS-11, Authorization and Acknowledgement of No Legal Representation.(d)
Except for a location-only case, services provided to a nonpublic assistance client through DCSS(e)
If a case involves a putative father, services provided shall be those identified in Section 2(1) of this administrative regulation.(f)
DCSS1.
Name, date of birth, and Social Security number of the child;2.
Name of the custodial and noncustodial parent or obligor;3.
Social Security number of the custodial and noncustodial parent or obligor;4.
Date of birth of the custodial and noncustodial parent or obligor;5.
Home address or last known address of the custodial and noncustodial parent or obligor; and6.
Name and address of the custodial and noncustodial parent's or obligor's employer or last known employer.Section 2.
General Services and Good Cause for All Case Types.(1)
DCSS(a)
Location of the noncustodial parent or obligor;(b)
Location of the custodial parent for establishment of paternity;(c)
Establishment of paternity based upon the receipt of either:1.
A court order; or2.
An affidavit from the Office of Vital Statistics that a signed, notarized voluntary acknowledgement of paternity has been registered;(d)
Establishment of a child support or medical support obligation by:1.
Petitioning the court or administrative authority to establish child support pursuant to the Kentucky Child Support Guidelines; and2.
a.
Petitioning the court or administrative authority to include health care coverage pursuant to 45 C.F.R. 303.31(b)(1) in new or modified court or administrative orders for support; orb.
Petitioning the court or administrative authority to include cash medical support in new or modified orders until health care coverage that is accessible and reasonable in cost, as defined by KRS 403.211(8)(a) and (b), becomes available;(e)
Enforcement of a:1.
Child support or medical support obligation; and2.
Spousal support obligation if the:a.
Custodial parent is the spouse or ex-spouse;b.
Child lives with the spouse or ex-spouse; andc.
DCSS(f)
Review and modification of an assigned support obligation in accordance with 40 KAR 11:040(g)
Collection and disbursement of current and past-due support payments resulting from an assigned support obligation, less an annual fee assessed against a custodial parent who has never received assistance, as defined by 42 U.S.C. 654(6)(B)(ii) and KRS 15.810(4)(h)
Submission of an application to the health plan administrator to enroll the child if the parent ordered to provide health care coverage is enrolled through the insurer and has failed to enroll the child.(2)
DCSS(a)
Referral from the public assistance agency;(b)
Foster care referral; or(c)
Nonpublic assistance application in accordance with Section 1(4)(c) of this administrative regulation.(3)
Good cause.(a)
1.
If an applicant or client states that good cause for noncooperation exists, the applicant or client shall have the opportunity to establish a claim pursuant to 921 KAR 2:006.2.
Evidence for determination of good cause shall be pursuant to 921 KAR 2:006.3.
For a foster care child, good cause for nonenforcement of child support shall be determined to exist if evidence and criteria are met pursuant to 921 KAR 2:006 or 922 KAR 1:530.(b)
If DCSSSection 3.
Parent Locator Service and Associated Fee for Service.(1)
Unless DCSS(a)
Public assistance case referred to DCSS(b)
Nonpublic assistance case for which child support services are being provided.(2)
DCSS(3)
In accordance with KRS 15.814(4)(4)
DCSSSection 4.
Intergovernmental Process for Child Support Enforcement Services. In accordance with KRS 15.802(1)
Extend to an intergovernmental IV-D child support case the same services available to an intrastate case; and(2)
Provide a responding state with sufficient and accurate information and documentation on the appropriate intergovernmental transmittal forms, the:(a)
CS-98, General Testimony;(b)
CS-99, Declaration in Support of Establishing Parentage;(c)
CS-100, Uniform Support Petition;(d)
CS-103, Child Support Enforcement Transmittal #1 – Initial Request;(e)
CS-138, Child Support Locate Request;(f)
CS-153, Child Support Enforcement Transmittal #2 – Subsequent Actions;(g)
CS-154, Child Support Enforcement Transmittal #3 – Request for Assistance/Discovery;(h)
CS-155, Notice of Determination of Controlling Order;(i)
CS-157, Letter of Transmittal Requesting Registration;(j)
CS-210, Child Support Agency Confidential Information Form;(k)
CS-211, Personal Information Form for UIFSA § 311;(l)
CS-212, Child Support Agency Request for Change of Support Payment Location Pursuant to UIFSA §319; and(m)
CS-213, Child Support Enforcement Transmittal #1 – Initial Request Acknowledgment.Section 5.
Public Awareness. Pursuant to KRS 15.802(1)(g), the effort,(1)
Public service announcements;(2)
Posters;(3)
Press releases;(4)
Videos;(5)
Annual reports;(6)
Newsletters;(7)
Mail inserts;(8)
Pamphlets;(9)
Letters; and(10)
Internet.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"CS-11, Authorization and Acknowledgement of No Legal Representation", 09/2026(b)
"CS-33, Application for Child Support Services", 09/2026(c)
"CS-98, General Testimony", 09/2026(d)
"CS-99, Declaration in Support of Establishing Parentage", 09/2026(e)
"CS-100, Uniform Support Petition", 09/2026(f)
"CS-103, Child Support Enforcement Transmittal #1 - Initial Request", 09/2026(g)
"CS-138, Child Support Locate Request", 09/2026(h)
"CS-140, Assignment of Rights and Authorization to Collect Support", 09/2026(i)
"CS-153, Child Support Enforcement Transmittal #2 - Subsequent Actions", 09/2026(j)
"CS-154, Child Support Enforcement Transmittal #3 - Request for Assistance/Discovery", 09/2026(k)
"CS-155, Notice of Determination of Controlling Order", 09/2026(l)
"CS-157, Letter of Transmittal Requesting Registration", 09/2026(m)
"CS-202, Authorization for Electronic Deposit of Child Support Payments", 09/2026(n)
"CS-210, Child Support Agency Confidential Information Form", 09/2026(o)
"CS-211, Personal Information Form for UIFSA § 311", 09/2026(p)
"CS-212, Child Support Agency Request for Change of Support Payment Location Pursuant to UIFSA §319", 09/2026(q)
"CS-213, Child Support Enforcement Transmittal #1 - Initial Request Acknowledgment", 09/2026(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at DCSS40 KAR 11:020
AMY C. BURKE, DCSS Chief
RUSSELL M. COLEMAN, Attorney General
APPROVED BY AGENCY: September 28, 2026
FILED WITH LRC: October 12, 2026
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 23, 2026, at 9:00 a.m. at the Office of Administrative Hearings, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation. Written comments shall be accepted through December 31, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Stacy Byrns Taulbee, General Counsel, Department of Child Support Services, 730 Schenkel Drive, Frankfort, Kentucky 40601; Phone: (502) 229-2088; email: stacy.byrnstaulbee@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stacy Byrns Taulbee, Phone Number: (502) 229-2088, Email: stacy.byrnstaulbee@ky.gov
Subject Headings:
Child Support; Attorney General; Children and Minors
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation transfers the responsibility to specify the processes by which an individual may apply for child support services, the scope of services available, and the process for an intergovernmental IV-D case from the Cabinet for Health and Family Services (CHFS) to Office of the Attorney General (OAG), pursuant to Senate Bill 48 of the 2023 RS.
(b) The necessity of this administrative regulation:
This administrative regulation provides the procedures for applying for child support enforcement services, the scope of child support enforcement services available as well as the procedures for establishing an intergovernmental case in accordance with 42 U.S.C. 651-654, 657, 663, 666, and 45 C.F.R. 302 and 303.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The Office of the Attorney General is responsible under KRS 15.802(2), 15.810, 15.866, 405.520, and by virtue of applying for federal funds under 42 U.S.C. 651-654, 657, 663, and 666, to outline the application process for child support services, scope of child support enforcement services available, and the procedures for establishing an intergovernmental case.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing procedures and processes utilized by the Office of the Attorney General for applicants to apply for child support enforcement services, the scope of child support enforcement services available, and the procedures for establishing an intergovernmental child support case.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment to this administrative regulation removes the Cabinet for Health and Family Services and the Department for Income Support as the entity required to promulgate administrative regulations for the Department of Child Support Services. It also updates regulatory and statutory citations to conform with SB 48 of the 2023 RS.
(b) The necessity of the amendment to this administrative regulation:
The amendment to this administrative regulation is necessary to conform with the transfer of the child support enforcement program to the Department of Child Support Services within the Department of Law.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms to the content of the authorizing statutes by complying with federal law requirements.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will assist in the effective administration of the statutes by updating statutory and regulatory citations implemented by SB 48 of the 2023 RS.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
The amendment implements legislation from Senate Bill 48 of the 2023 RS.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
1. Administrative Office of the Courts – 868 employees, 113 district judges, 97 circuit judges, 61 family court judges 2. Private attorneys – 19,581 3. Child support attorneys and staff – 725 4. Participants in the child support program – 601,231
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
Each regulated entity will be advised that the Office of the Attorney General is now the entity required to promulgate administrative regulations for the Department of Child Support Services. They will also be advised on the updated statutory and regulatory citations and given guidance on where this information can be obtained.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The amendment to this administrative regulation will create no new or additional costs to regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The amendment to this regulation will not accrue benefits to regulated entities.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no initial costs to the administrative body to implement this administrative regulation.
(b) On a continuing basis:
There will be no costs to the administrative body on a continuing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The sources of funding include state General Funds and Federal Funds under 42 U.S.C. 601-619, Title IV-D of the Social Security Act.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will be no increase in fees or funding to implement amendment to this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applicable as compliance with this administrative regulation applies equally to all individuals or entities.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
15.800-15.876, 205.992, 213.046(4), 403.211, 405.430(5), 405.467, 405.520, 406.021, 406.025, 407.5101-407.5903, 610.170, 45 C.F.R. 301.1, 302.30, 302.31, 302.33-302.36, 302.50, 302.65, 302.80, 303.2, 303.3-303.8, 303.15, 303.30-303.31, 303.69, 303.70, 42 U.S.C. 651-654, 657, 663, 666
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by 2023 Ky Acts Ch. 124.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Office of the Attorney General, Department of Law, Department of Child Support Services
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Local entities will not be affected.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Administrative Office of the Courts, private attorneys, DCSS attorneys and staff, new and existing child support program participants.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
There is no fiscal impact of this administrative regulation.
(b) Methodology and resources used to reach this conclusion:
N/A
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
N/A
(b) The methodology and resources used to reach this conclusion:
N/A
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
45 C.F.R. 301.1, 302.30, 302.31, 302.33-302.36, 302.50, 302.65, 302.80, 303.2, 303.3-303.8, 303.15, 303.30-303.31, 303.69, 303.70
(2) State compliance standards.
KRS 15.800–15.876, 15.800-15.876, 205.992, 213.046(4), 403.211, 405.430(5), 405.467, 405.520, 406.021, 406.025, 407.5101-407.5903, 610.170
(3) Minimum or uniform standards contained in the federal mandate.
42 U.S.C. 651-654, 657, 663, 666
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
OFFICE OF THE ATTORNEY GENERAL
Department of Law
Department of Child Support Services
(Amendment)
40 KAR 11:020.Department of Child Support Services application and intergovernmental process.
Section 1.
DCSS Case Types.(1)
Kentucky Transitional Assistance Program (KTAP) or Kinship Care.(a)
1.
An applicant for or recipient of KTAP or Kinship Care shall make an assignment to the state of the right to any child support or maintenance owed up to the amount of public assistance paid to the recipient in accordance with KRS 15.808 and 921 KAR 2:006.2.
The assignment shall:a.
Include members of the case for whom support rights apply; andb.
Be completed when applying for KTAP or Kinship Care benefits using the application form incorporated by reference in 921 KAR 2:040.(b)
An applicant or recipient shall cooperate in all phases of child support activity that shall include, if known:1.
The name of the noncustodial parent or obligor;2.
The Social Security number of the noncustodial parent or obligor;3.
Information to assist in the:a.
Location of the noncustodial parent or obligor;b.
Enforcement of a child support order; orc.
Review or modification of a child support order;4.
Establishment of:a.
Paternity, if paternity has not been established; andb.
An assigned support obligation;5.
Enforcement of:a.
An assigned support obligation; andb.
A spousal support order if DCSS is collecting for a child who resides with the spouse or former spouse; and6.
Forwarding any child support payment received to the SDU .(2)
Foster Care.(a)
DCSS shall collect and disburse child support on behalf of a child for whom:1.
The state is making a foster care maintenance payment as required by 42 U.S.C. 657 and an assignment of rights has been made; or2.
The cabinet has custody, and there is an order for the child's parent or parents to pay child support to the person, facility, agency, or the Department of Juvenile Justice or cabinet to which the child was committed or probated pursuant to KRS 610.170.(b)
The child's benefit worker with responsibility for the foster care child shall:1.
Cooperate with DCSS;2.
Review and approve a foster care child support referral;3.
Complete a change of status if a change occurs that relates to the child support process; and4.
Forward to DCSS a copy of the child support court documents.(c)
If a child with special needs is adopted in accordance with 922 KAR 1:100 and reenters the custody of the cabinet, the cabinet shall:1.
Determine that good cause exists in accordance with Section 2(3) of this administrative regulation; or2.
Establish a child support obligation if:a.
A child with special needs adopted in accordance with 922 KAR 1:100 has reentered the custody of the cabinet due to the child's maltreatment or abandonment; andb.
The commissioner or CHFS designee recommends the establishment of child support.(3)
Medicaid only.(a)
If a Medicaid-only referral is made, DCSS shall obtain the following information, if available:1.
Medicaid case number;2.
Name of the noncustodial parent or obligor;3.
Social Security number of the noncustodial parent or obligor;4.
Name and Social Security number of the child;5.
Home address of the noncustodial parent or obligor;6.
Name and address of the noncustodial parent or obligor's place of employment; and7.
Whether the noncustodial parent has a health insurance policy and, if so, the policy name, policy number, and name of any person covered.(b)
An application for Medicaid shall include an assignment of rights for medical support, pursuant to 907 KAR 20:005.(c)
Except for a custodial parent who is pregnant or in her postpartum period, a custodial parent shall cooperate in all phases of medical support activity, pursuant to 907 KAR 20:005.(d)
A Medicaid-only recipient desiring full child support services, in addition to the medical support services, shall complete and submit to DCSS the CS-140, Assignment of Rights and Authorization to Collect Support.(4)
Nonpublic Assistance.(a)
In accordance with KRS 15.810, DCSS shall make child support services available to any individual who:1.
Assigns rights for medical support only;2.
Applies for services pursuant to paragraph (c) of this subsection; or3.
Has been receiving child support services as a public assistance recipient and is no longer eligible for public assistance.(b)
DCSS shall notify a family no longer eligible for public assistance, within five (5) working days, that child support services shall continue unless DCSS is notified to the contrary by the family.(c)
Application Process for a Nonpublic Assistance Individual.1.
Upon the request of a nonpublic assistance applicant, DCSS shall give an application packet to the applicant.2.
If the request is:a.
Made in person, the packet shall be provided the same day; orb.
Not made in person, the packet shall be sent to the applicant within five (5) working days of the request.3.
The application packet shall include the following:a.
CS-33, Application for Child Support Services;b.
CS-202, Authorization for Electronic Deposit of Child Support Payments; andc.
CS-11, Authorization and Acknowledgement of No Legal Representation.4.
In order to receive child support services, the applicant shall complete and return the following:a.
CS-33, Application for Child Support Services; andb.
CS-11, Authorization and Acknowledgement of No Legal Representation.(d)
Except for a location-only case, services provided to a nonpublic assistance client through DCSS shall be those services listed in Section 2 of this administrative regulation.(e)
If a case involves a putative father, services provided shall be those identified in Section 2(1) of this administrative regulation.(f)
DCSS shall obtain the following information from a nonpublic assistance applicant, if available:1.
Name, date of birth, and Social Security number of the child;2.
Name of the custodial and noncustodial parent or obligor;3.
Social Security number of the custodial and noncustodial parent or obligor;4.
Date of birth of the custodial and noncustodial parent or obligor;5.
Home address or last known address of the custodial and noncustodial parent or obligor; and6.
Name and address of the custodial and noncustodial parent's or obligor's employer or last known employer.Section 2.
General Services and Good Cause for All Case Types.(1)
DCSS shall provide child support services for any case type described in this administrative regulation in accordance with 42 U.S.C. 654. The services shall include:(a)
Location of the noncustodial parent or obligor;(b)
Location of the custodial parent for establishment of paternity;(c)
Establishment of paternity based upon the receipt of either:1.
A court order; or2.
An affidavit from the Office of Vital Statistics that a signed, notarized voluntary acknowledgement of paternity has been registered;(d)
Establishment of a child support or medical support obligation by:1.
Petitioning the court or administrative authority to establish child support pursuant to the Kentucky Child Support Guidelines; and2.
a.
Petitioning the court or administrative authority to include health care coverage pursuant to 45 C.F.R. 303.31(b)(1) in new or modified court or administrative orders for support; orb.
Petitioning the court or administrative authority to include cash medical support in new or modified orders until health care coverage that is accessible and reasonable in cost, as defined by KRS 403.211(8)(a) and (b), becomes available;(e)
Enforcement of a:1.
Child support or medical support obligation; and2.
Spousal support obligation if the:a.
Custodial parent is the spouse or ex-spouse;b.
Child lives with the spouse or ex-spouse; andc.
DCSS is collecting support on behalf of the child;(f)
Review and modification of an assigned support obligation in accordance with 40 KAR 11:040;(g)
Collection and disbursement of current and past-due support payments resulting from an assigned support obligation, less an annual fee assessed against a custodial parent who has never received assistance, as defined by 42 U.S.C. 654(6)(B)(ii) and KRS 15.810(4), during each Federal fiscal year in which $550 has been disbursed for the case; and(h)
Submission of an application to the health plan administrator to enroll the child if the parent ordered to provide health care coverage is enrolled through the insurer and has failed to enroll the child.(2)
DCSS shall open a case and determine needed action and services within twenty (20) calendar days of receipt of a:(a)
Referral from the public assistance agency;(b)
Foster care referral; or(c)
Nonpublic assistance application in accordance with Section 1(4)(c) of this administrative regulation.(3)
Good cause.(a)
1.
If an applicant or client states that good cause for noncooperation exists, the applicant or client shall have the opportunity to establish a claim pursuant to 921 KAR 2:006.2.
Evidence for determination of good cause shall be pursuant to 921 KAR 2:006.3.
For a foster care child, good cause for nonenforcement of child support shall be determined to exist if evidence and criteria are met pursuant to 921 KAR 2:006 or 922 KAR 1:530.(b)
If DCSS has reason to believe an allegation of child maltreatment or domestic violence, DCSS shall not attempt location, establishment, modification, or enforcement of an assigned support obligation, pursuant to KRS 15 814(1).Section 3.
Parent Locator Service and Associated Fee for Service.(1)
Unless DCSS has reason to believe an allegation of child maltreatment or domestic violence pursuant to KRS 15.814(1) or 921 KAR 2:006, Section 19, location shall be attempted for a:(a)
Public assistance case referred to DCSS; or(b)
Nonpublic assistance case for which child support services are being provided.(2)
DCSS shall attempt to locate a noncustodial parent or obligor and the noncustodial parent's or obligor's employer, sources of income, assets, property, and debt, if necessary, for a public assistance case or nonpublic assistance case assigned to DCSS pursuant to KRS 15.802, 15.814(5), and 45 C.F.R. 303.69 or 303.70.(3)
In accordance with KRS 15.814(4), location services shall be provided in a parental kidnapping case.(4)
DCSS shall provide location services to a putative father in accordance with KRS 15.814(2) and (4).Section 4.
Intergovernmental Process for Child Support Enforcement Services. In accordance with KRS 15.802, 407.5101-407.5903, and 45 C.F.R. 303.70, DCSS shall:(1)
Extend to an intergovernmental IV-D child support case the same services available to an intrastate case; and(2)
Provide a responding state with sufficient and accurate information and documentation on the appropriate intergovernmental transmittal forms, the:(a)
CS-98, General Testimony;(b)
CS-99, Declaration in Support of Establishing Parentage;(c)
CS-100, Uniform Support Petition;(d)
CS-103, Child Support Enforcement Transmittal #1 – Initial Request;(e)
CS-138, Child Support Locate Request;(f)
CS-153, Child Support Enforcement Transmittal #2 – Subsequent Actions;(g)
CS-154, Child Support Enforcement Transmittal #3 – Request for Assistance/Discovery;(h)
CS-155, Notice of Determination of Controlling Order;(i)
CS-157, Letter of Transmittal Requesting Registration;(j)
CS-210, Child Support Agency Confidential Information Form;(k)
CS-211, Personal Information Form for UIFSA § 311;(l)
CS-212, Child Support Agency Request for Change of Support Payment Location Pursuant to UIFSA §319; and(m)
CS-213, Child Support Enforcement Transmittal #1 – Initial Request Acknowledgment.Section 5.
Public Awareness. Pursuant to KRS 15.802(1)(g), the effort, to publicize the availability of DCSS's services and encourage their use may include:(1)
Public service announcements;(2)
Posters;(3)
Press releases;(4)
Videos;(5)
Annual reports;(6)
Newsletters;(7)
Mail inserts;(8)
Pamphlets;(9)
Letters; and(10)
Internet.Section 6.
Incorporation by Reference.(1)
The following material is incorporated by reference:(a)
"CS-11, Authorization and Acknowledgement of No Legal Representation", 09/2026;(b)
"CS-33, Application for Child Support Services", 09/2026;(c)
"CS-98, General Testimony", 09/2026;(d)
"CS-99, Declaration in Support of Establishing Parentage", 09/2026;(e)
"CS-100, Uniform Support Petition", 09/2026;(f)
"CS-103, Child Support Enforcement Transmittal #1 - Initial Request", 09/2026;(g)
"CS-138, Child Support Locate Request", 09/2026;(h)
"CS-140, Assignment of Rights and Authorization to Collect Support", 09/2026;(i)
"CS-153, Child Support Enforcement Transmittal #2 - Subsequent Actions", 09/2026;(j)
"CS-154, Child Support Enforcement Transmittal #3 - Request for Assistance/Discovery", 09/2026;(k)
"CS-155, Notice of Determination of Controlling Order", 09/2026;(l)
"CS-157, Letter of Transmittal Requesting Registration", 09/2026;(m)
"CS-202, Authorization for Electronic Deposit of Child Support Payments", 09/2026;(n)
"CS-210, Child Support Agency Confidential Information Form", 09/2026;(o)
"CS-211, Personal Information Form for UIFSA § 311", 09/2026;(p)
"CS-212, Child Support Agency Request for Change of Support Payment Location Pursuant to UIFSA §319", 09/2026; and(q)
"CS-213, Child Support Enforcement Transmittal #1 - Initial Request Acknowledgment", 09/2026.(2)
This material may be inspected, copied, or obtained, subject to applicable copyright law, at DCSS, 730 Schenkel Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be viewed on the department's Web site at https://ag.ky.gov/Resources/Child-Support/Pages/default.aspx .40 KAR 11:020
AMY C. BURKE, DCSS Chief
RUSSELL M. COLEMAN, Attorney General
APPROVED BY AGENCY: September 28, 2026
FILED WITH LRC: October 12, 2026
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on December 23, 2026, at 9:00 a.m. at the Office of Administrative Hearings, 105 Sea Hero Road, Suite 2, Frankfort, Kentucky 40601. Individuals interested in attending this hearing shall notify this agency in writing by five workdays prior to the hearing, of their intent to attend. If no notification of intent to attend is received by that date, the hearing may be cancelled. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on this proposed administrative regulation. Written comments shall be accepted through December 31, 2026. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Stacy Byrns Taulbee, General Counsel, Department of Child Support Services, 730 Schenkel Drive, Frankfort, Kentucky 40601; Phone: (502) 229-2088; email: stacy.byrnstaulbee@ky.gov
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Stacy Byrns Taulbee, Phone Number: (502) 229-2088, Email: stacy.byrnstaulbee@ky.gov
Subject Headings:
Child Support; Attorney General; Children and Minors
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This administrative regulation transfers the responsibility to specify the processes by which an individual may apply for child support services, the scope of services available, and the process for an intergovernmental IV-D case from the Cabinet for Health and Family Services (CHFS) to Office of the Attorney General (OAG), pursuant to Senate Bill 48 of the 2023 RS.
(b) The necessity of this administrative regulation:
This administrative regulation provides the procedures for applying for child support enforcement services, the scope of child support enforcement services available as well as the procedures for establishing an intergovernmental case in accordance with 42 U.S.C. 651-654, 657, 663, 666, and 45 C.F.R. 302 and 303.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
The Office of the Attorney General is responsible under KRS 15.802(2), 15.810, 15.866, 405.520, and by virtue of applying for federal funds under 42 U.S.C. 651-654, 657, 663, and 666, to outline the application process for child support services, scope of child support enforcement services available, and the procedures for establishing an intergovernmental case.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This administrative regulation assists in the effective administration of the statutes by establishing procedures and processes utilized by the Office of the Attorney General for applicants to apply for child support enforcement services, the scope of child support enforcement services available, and the procedures for establishing an intergovernmental child support case.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
The amendment to this administrative regulation removes the Cabinet for Health and Family Services and the Department for Income Support as the entity required to promulgate administrative regulations for the Department of Child Support Services. It also updates regulatory and statutory citations to conform with SB 48 of the 2023 RS.
(b) The necessity of the amendment to this administrative regulation:
The amendment to this administrative regulation is necessary to conform with the transfer of the child support enforcement program to the Department of Child Support Services within the Department of Law.
(c) How the amendment conforms to the content of the authorizing statutes:
The amendment conforms to the content of the authorizing statutes by complying with federal law requirements.
(d) How the amendment will assist in the effective administration of the statutes:
The amendment will assist in the effective administration of the statutes by updating statutory and regulatory citations implemented by SB 48 of the 2023 RS.
(3) Does this administrative regulation or amendment implement legislation from the previous five years?
The amendment implements legislation from Senate Bill 48 of the 2023 RS.
(4) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
1. Administrative Office of the Courts – 868 employees, 113 district judges, 97 circuit judges, 61 family court judges 2. Private attorneys – 19,581 3. Child support attorneys and staff – 725 4. Participants in the child support program – 601,231
(5) Provide an analysis of how the entities identified in question (4) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (4) will have to take to comply with this administrative regulation or amendment:
Each regulated entity will be advised that the Office of the Attorney General is now the entity required to promulgate administrative regulations for the Department of Child Support Services. They will also be advised on the updated statutory and regulatory citations and given guidance on where this information can be obtained.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (4):
The amendment to this administrative regulation will create no new or additional costs to regulated entities.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (4):
The amendment to this regulation will not accrue benefits to regulated entities.
(6) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
There will be no initial costs to the administrative body to implement this administrative regulation.
(b) On a continuing basis:
There will be no costs to the administrative body on a continuing basis.
(7) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation or this amendment:
The sources of funding include state General Funds and Federal Funds under 42 U.S.C. 601-619, Title IV-D of the Social Security Act.
(8) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
There will be no increase in fees or funding to implement amendment to this administrative regulation.
(9) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This administrative regulation does establish any fees or directly or indirectly increase any fees.
(10) TIERING: Is tiering applied?
Tiering is not applicable as compliance with this administrative regulation applies equally to all individuals or entities.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation:
15.800-15.876, 205.992, 213.046(4), 403.211, 405.430(5), 405.467, 405.520, 406.021, 406.025, 407.5101-407.5903, 610.170, 45 C.F.R. 301.1, 302.30, 302.31, 302.33-302.36, 302.50, 302.65, 302.80, 303.2, 303.3-303.8, 303.15, 303.30-303.31, 303.69, 303.70, 42 U.S.C. 651-654, 657, 663, 666
(2) State whether this administrative regulation is expressly authorized by an act of the General Assembly, and if so, identify the act:
This administrative regulation is expressly authorized by 2023 Ky Acts Ch. 124.
(3)(a) Identify the promulgating agency and any other affected state units, parts, or divisions:
Office of the Attorney General, Department of Law, Department of Child Support Services
(b) Estimate the following for each affected state unit, part, or division identified in (3)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(4)(a) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Local entities will not be affected.
(b) Estimate the following for each affected local entity identified in (4)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(5)(a) Identify any affected regulated entities not listed in (3)(a) or (4)(a):
Administrative Office of the Courts, private attorneys, DCSS attorneys and staff, new and existing child support program participants.
(b) Estimate the following for each regulated entity identified in (5)(a):
1. Expenditures:
For the first year:
N/A
For subsequent years:
N/A
2. Revenues:
For the first year:
N/A
For subsequent years:
N/A
3. Cost Savings:
For the first year:
N/A
For subsequent years:
N/A
(6) Provide a narrative to explain the following for each entity identified in (3)(a), (4)(a), and (5)(a)
(a) Fiscal impact of this administrative regulation:
There is no fiscal impact of this administrative regulation.
(b) Methodology and resources used to reach this conclusion:
N/A
(7) Explain, as it relates to the entities identified in (3)(a), (4)(a), and (5)(a):
(a) Whether this administrative regulation will have a "major economic impact", as defined by KRS 13A.010(14):
N/A
(b) The methodology and resources used to reach this conclusion:
N/A
FEDERAL MANDATE ANALYSIS COMPARISON
(1) Federal statute or regulation constituting the federal mandate.
45 C.F.R. 301.1, 302.30, 302.31, 302.33-302.36, 302.50, 302.65, 302.80, 303.2, 303.3-303.8, 303.15, 303.30-303.31, 303.69, 303.70
(2) State compliance standards.
KRS 15.800–15.876, 15.800-15.876, 205.992, 213.046(4), 403.211, 405.430(5), 405.467, 405.520, 406.021, 406.025, 407.5101-407.5903, 610.170
(3) Minimum or uniform standards contained in the federal mandate.
42 U.S.C. 651-654, 657, 663, 666
(4) Will this administrative regulation impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate?
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.
(5) Justification for the imposition of the stricter standard, or additional or different responsibilities or requirements.
This administrative regulation will not impose stricter requirements, or additional or different responsibilities or requirements, than those required by the federal mandate.