§ 26-13-105 — Child support enforcement services - review

(1) Subject to the
provisions of section 26-13-104, the child support enforcement program shall
include the following, as required by federal law:

(a) The establishment and modification of an obligor parent's legal
obligation to support his or her dependent children, including determination of
parentage when necessary;

(b) The location of an obligor parent or putative parent;

(c) The monitoring and processing of an obligor parent's child support and
maintenance payment;

(d) The enforcement of an obligor parent's support obligation as set forth in
section 26-13-106 (1);

(e) Any necessary investigative and administrative activities which may be
necessary to accomplish the services required by this section;

(f) (I) Annual reviews of the child support enforcement program, to be
conducted by the state department, including all information as may be necessary
to measure the state's compliance with federal requirements.

(II) The state department shall review the cost associated with conducting
the annual reviews required in this paragraph (f) and the number of full-time
equivalent employees (FTE) of the state department required to complete the
reviews. The state department shall examine and evaluate the feasibility and cost-effectiveness of privatizing this function.

(1.5) Upon the request of another state, the state department or its agent is
authorized to provide the identification, through data matches with any entity
where assets may be found, of assets owned by a person who owes child support in
another state and to seize such assets through levy or other appropriate processes.

(2) In any action brought pursuant to this article, or any action brought by a
governmental agency, to establish, modify, or enforce a child support obligation or
to enforce a maintenance obligation as set forth in section 26-13-106, the
prosecuting attorney represents the people of the state of Colorado. Nothing in this
section shall be construed to modify statutory mandate, authority, or confidentiality
required of any governmental agency, nor should representation by a prosecuting
attorney be construed to create an attorney-client relationship between the
attorney and any party, other than the people of the state of Colorado, or witness to
the action; except that any district attorney or county attorney as contractual agent
for a county department shall collect a fee pursuant to section 26-13-106 (2).

(3) (a) In addition to the annual review required by paragraph (f) of
subsection (1) of this section, or as a part of such review, the state department shall
evaluate the cost and effectiveness of each of the provisions implemented by
House Bill 97-1205. Such evaluation shall include a review of the following:

(I) The amount of increase in support collection, if any, associated with the
implementation of each new provision contained in House Bill 97-1205;

(II) The cost, in federal, state, and county dollars, associated with the
implementation of each new provision set forth in House Bill 97-1205;

(III) The number of full-time equivalent employees (FTE) necessitated by the
implementation of each new provision contained in House Bill 97-1205 at both the
state and county levels; and

(IV) Such additional data as may be necessary.

(b) (Deleted by amendment, L. 2001, p. 1172, � 10, effective August 8, 2001.)

Legislative History

Source: L. 79: Entire article added, p. 641, � 5, effective June 7. L. 81: (2) added, p. 902, � 3, effective May 27. L. 82: (1)(c), (1)(d), and (2) amended, p. 282, � 10, effective April 2. L. 87: (2) amended, p. 599, � 36, effective July 10. L. 88: (2) amended, p. 635, � 13, effective July 1. L. 91: (1) amended, p. 255, � 17, effective July 1. L. 94: (1)(a) amended, p. 1543, � 19, effective May 31. L. 97: (1)(f) and (3) added, p. 1289, �� 34, 35, effective July 1. L. 2001: (1)(f)(II), (3)(a)(IV), and (3)(b) amended, p. 1172, � 10, effective August 8. L. 2012: (1.5) added, (SB 12-042), ch. 30, p. 121, � 1, effective March 19.