HomeMy WebLinkAboutRES 404 Draft 01 1994-1996COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. 4~4 9S
APPROVING AGREEMENT BETWEEN OFFICE
OF THE CORPORATION COUNSEL AND THE STATE OF
HAWAII, CHILD SUPPORT ENFORCEMENT AGENCY
RESPECTING SUPPORT ENFORCEMENT SERVICES
PTJRSUANT TO P.T.. 93-47
WHEREAS, the Office of the Corporation Counsel has for a
number of years performed a significant service to families in
our community through support enforcement activities encompassing
establishment of paternity of children born out of wedlock and
securing and enforcing support for them; initiation and
enforcement of support under the Uniform Reciprocal Enforcement
of Support Act (inter-state and inter-county) and enforcement of
support orders relating to divorce and other matrimonial actions,
all pursuant to statutory mandate or cooperative agreement; and
WHEREAS, under the proposed Plan of Cooperation between the
County of Hawaii and the State, the Office of the Corporation
Counsel shall continue to carry on the same activities it has
been carrying on in the past; and
WHEREAS, the aforesaid support enforcement services will be
reimbursable by the State of Hawaii, Child Support Enforcement
Agency to the extent of 100 percent (100°s) of said operations,
and further providing for an incentive profit to the County of
Hawaii;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the Council approves in principle the provisions
of support enforcement services, and authorizes the Honorable
Mayor Stephen K. Yamashiro to sign a Cooperative Agreement, the
final draft of which should be substantially similar to the
Cooperative Agreement attached hereto.
FURTHER, the Council approves and authorizes the Mayor to
execute the immediate proposed agreement between the Office of
the Corporation Counsel and the State of Hawaii, Child Support
Enforcement Agency.
BE IT FURTHER RESOLVED that the Clerk be directed to forward
a copy of this Resolution to the Honorable Stephen K. Yamashiro,
Mayor.
Dated at Hilo, Hawaii, this 6th day of Nov mb r ,
1996.
INTRODUCED BY:
n n ~~;
h+y v - d
COUNCIL MEMBER
COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawes
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL
of the County of Hawaii on - November 6 1996
ATTEST:
COUNTY C H~AIRMAN & PRESIDING OFFICER
ROLL CALL VOTE
AYES NOES AIiS EX
ARAKAKI X
T X
CHILDS X
DE LIMA
DOMINGO
OSOP.IO X
AN DE X
F Y X
~ 1 X
6.F...~....... ._ , 9 0 0 0
RESOLUTION r~o _ 4 0 4 9 6
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION N0. 4~4 9~
APPROVING AGREEMENT BETWEEN OFFICE
OF THE CORPORATION COUNSEL AND THE STATE OF
HAWAII, CHILD SUPPORT ENFORCEMENT AGENCY
RESPECTING SUPPORT ENFORCEMENT SERVICES
PTTR 4TTANT TO P L 93-47
WHEREAS, the Office of the Corporation Counsel has for a
number of years performed a significant service to families in
our community through support enforcement activities encompassing
establishment of paternity of children born out of wedlock and
securing and enforcing support for them; initiation and
enforcement of support under the Uniform Reciprocal Enforcement
of Support Act (inter-state and inter-county) and enforcement of
support orders relating to divorce and other matrimonial actions,
all pursuant to statutory mandate or cooperative agreement; and
WHEREAS, under the proposed Plan of Cooperation between the
County of Hawaii and the State, the Office of the Corporation
Counsel shall continue to carry on the same activities it has
been carrying on in the past; and
WHEREAS, the aforesaid support enforcement services will be
reimbursable by the State of Hawaii, Child Support Enforcement
Agency to the extent of 100 percent (1000) of said operations,
and further providing for an incentive profit to the County of
Hawaii;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the Council approves in principle the provisions
of support enforcement services, and authorizes the Honorable
Mayor Stephen K. Yamashiro to sign a Cooperative Agreement, the
final draft of which should be substantially similar to the
Cooperative Agreement attached hereto.
FURTHER, the Council approves and authorizes the Mayor to
execute the immediate proposed agreement between the Office of
the Corporation Counsel and the State of Hawaii, Child Support
Enforcement Agency.
BE IT FURTHER RESOLVED that the Clerk be directed to forward
a copy of this Resolution to the Honorable Stephen K. Yamashiro,
Mayor.
Dated at Hilo, Hawaii, this 6th day of November
1996.
INTRODUCED BY:
~~ ~ (/(~~
v - ~yaw~-mod
COUNCIL MEMBER
COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I herby certify that the foregoing RESOLUTION was by
the vote indicated to the right henrof adopted by the COUNCIL
of the County of Hawaii on ---November 6 , 1996 ,
ATTEST:
COUNTY C HRAIRMAN & PRESIDING OFFICER
ROLL CALL VOTE
AYFS NOES AHS EX
ARAKAKI X
T X
CHILDS X
DE LIMA
IXYNI61(3J
OSOP.IO X
VAN D ~ X
F.AY X
1 ~{
9 0 0 0
ReteZPlt~ V- 1 4 4 V
RE.9DLLTTIQd NJ. 4 0 ~ 9 6
CHILD SUPPORT ENFORCEMENT AGENCY
AND COUNTY OF HAWAII CORPORATION COUNSEL
COOPERATIVE AGREEMENT
This COOPERATIVE AGREEMENT is being entered into between the CHILD
SUPPORT ENFORCEMENT AGENCY, STATE OF HAWAII, hereinafter referred to as
"CSEA", and the COUNTY OF HAWAII, for its Department of the Corporation Counsel,
hereinafter referred to as "Corporation Counsel".
The purpose of this Agreement is to establish procedures for the securing of financial and
medical support for children through the following actions, including, but not limited to,
establishment of paternity for children born out-of-wedlock, establishment of child support and
medical support orders, enforcement of support orders, initiation of interstate actions, handling of
responding paternity interstate actions, and handling of appeals related to a paternity judgment(s)
or support order entered by the court.
II
The following terms throughout this Cooperative Agreement aze defined as follows:
"AFDC" means Aid to Families with Dependent Children, which is a public assistance
program for families with children who aze deprived of one or both of their parents by reason of
death, disability, or continued absence from the home.
"Title IV-A" means Title IV-A of the federal Social Security Act which covers the
AFDC program.
"Title IV-D" means Title IV-D of the federal Social Security Act which covers the child
support enforcement program. Title IV-D cases include eligible AFDC, foster care, and
Medicaid (public assistance) cases where the recipient has assigned rights to support to the State,
cases where the custodial parent was formerly on public assistance, and cases that do not involve
public assistance where the custodial parent or the absent parent has filed an application form
with CSEA.
"Title IV-E" means Title IV-E of the federal Social Security Act which covers the
federally-funded foster Gaze program.
"Title XIX" means Title XIX of [he federal Social Security Act which covers the Medical
Assistance program, also known as "Medicaid" or "MedQuest".
III
Records and information provided by CSEA to the Corporation Counsel shall be
safeguarded in accordance with all relevant federal and State laws and regulations including 45
CFR §§303.21 and 303.70, 26 U.S.C. §6103(p)(4), IRC §§6103 and 7213, and §576D-12 HRS.
The information received by the Corporation Counsel in the execution of the child support
enforcement program shall be used exclusively for the purposes of that program.
IV
A. CSEA, being the single and sepazate organizational unit mandated to administer the child
support enforcement program, will coordinate all activities related to child support
enforcement with the Corporation Counsel and other agencies when indicated.
B. CSEA will provide all information necessary for the Corporation Counsel to carry out the
tasks under this Agreement.
C. When legal action is necessary to establish paternity in Title IV-D cases, CSEA will refer
identifying information to the Corporation Counsel within two (2) working days of the
date the referral or application is filed with CSEA if all necessary information is
available, or within two (2) working days of the date the alleged father is located,
whichever is sooner.
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D. Where initiation of interstate action is necessary, CSEA will refer Title IV-D cases to the
Corporation Counsel within two (2) working days of the date the referral or application is
filed with CSEA if all necessary information is available, or within rivo (2) working days
of the date the absent pazent is located, whichever is sooner.
E. CSEA will query all appropriate sources to obtain information necessary to take the next
appropriate action in the case and will make such information accessible to the
Corporation Counsel. Such information shall include an address where the absent or
putative father may be served papers and financial information about the absent parent or
putative father where obtainable by CSEA.
F. CSEA will provide the Corporation Counsel with information necessary to certify an
absent pazent's child support payment history.
G. CSEA will coordinate activities with the appropriate State agencies in order to provide
records of public assistance payments.
H. CSEA will make staff available as necessary to testify in any legal action to establish
paternity or support.
I. CSEA will provide for collection of child support payments, allocation of payments over
the accrued obligations, computation and distribution of incentive payments to the
Corporation Counsel, if any, and for the collection, maintenance, and reporting of all
related fiscal data.
J. CSEA will be solely responsible for the reimbursement to the Corporation Counsel for its
assistance in the child support enforcement program, said reimbursement to be made in
accordance with Section VI of this Agreement.
K. CSEA will monitor this Agreement to ensure effective implementation of its terms and to
idenfify any problems that may affect the delivery of services promised under the
arrangement.
L. CSEA will inform the appropriate State agencies with information on custodial pazents
who are receiving federal financial or medical assistance or whose children aze receiving
foster care assistance, who fail to comply with requirements related to establishment of
paternity or support.
M. CSEA shall pay for all genetic testing costs incurred by the Corporation Counsel in
pursuing paternity establishment for CSEA. The Corporation Counsel shall, at the
direction of CSEA, direct the parentage laboratories to remit billing statements payable
by the CSEA directly to the Corporation Counsel's Office for verification of services
rendered. The reviewed billing statements shall [lien be forwarded to CSEA for payment.
V
Responsibilities ofthe Cornoration Counsel
The Corporation Counsel shall have the following responsibilities but only to the extent
necessary to perform the functions contracted for herein:
A. The Corporation Counsel shall maintain an organizational structure and staff to provide
for child support enforcement functions in all cases received from CSEA. The
Corporation Counsel shall:
1. Employ a staff in sufficient numbers to achieve the standards necessary for an
effective program, including but not limited to, attorneys to represent CSEA in
court; other personnel to perform necessary legal, collection, accounting, data
processing, clerical, administrative, and other support functions; and
2. Keep CSEA apprised of all personnel actions pertaining to civil service exempt
staff; submit to CSEA for consultation and approval any proposed personnel
action which may impact on CSEA's expenditure plan and funding to the
Corporation Counsel.
B. The Corporation Counsel shall initiate action to establish paternity and support orders
within timeframes prescribed by federal regulations. Such action shall involve the
following tasks:
1. Assess the applicant's or public assistance recipient's allegation and determine
appropriate action;
2. If the alleged father admits paternity, take appropriate action to legally establish
paternity and, where the alleged father is the non-custodial parent, obtain a child
support order;
3. If patemity is denied, set the matter for hearing and obtain an order for genetic
testing if necessary;
4. Evaluate corroborating evidence and determine appropriate action;
5. Prepare and file patemity complaint;
6. Take actions to establish current child support obligations in all cases except in
Title XIX cases where the Title XIX recipient wants only services related to
securing medical support; the amount of the child support obligation shall be
determined in accordance with the State's child support guidelines;
7. Take actions to establish past due child support obligations owed to the State in
all cases where the custodial parent has assigned rights to support to the State
where the amount of unreimbursed public assistance exceeds a total of $2,000.00
to date; the amount of past due child support obligations owed to the State shall
be the sum of amounts determined by application of the child support guidelines
for each individual month in which the subject child(ren) was provided public
assistance moneys.
8. Take actions to establish medical support (health insurance coverage) obligations
in all cases except in non-public assistance cases where the applicant has not
consented to services to secure medical support; and
9. Attempt to recover fees to the extent possible.
C. The Corporation Counsel shall coordinate all cases requiring initiation of interstate
action(s), including:
1. Referring cases to the responding state's interstate central registry for action;
2. Providing the child support enforcement agency in the responding state sufficient
and accurate information to act on the case by submitting with each case any
necessary documentation and appropriate interstate forms; and
Contacting the responding child support enforcement agency for status reports in
the event that agency had failed to provide responses as required by federal
regulations.
D. The Corporation Counsel shall determine the amount of child support, both current child
support and any past due child support for periods during which the custodial parent had
assigned rights to support to the State, by application of the State's child support
guidelines.
E. The Corporation Counsel shall take actions consistent with collecting the full amount of
the absent pazent's obligation to date, so as to not engage in retroactive modification of
support nor in waiver of past due obligations owed to the State.
F. The Corporation Counsel shall require that support payments and also genetic testing
costs that have been advanced by CSEA be made payable to CSEA.
G. The Corporation Counsel shall inform CSEA of any case of suspected public assistance
fraud pursuant [o section 346-34, HRS, which the Corporation Counsel may discover in
the course of providing paternity and support services.
H. The Corporation Counsel shall inform the appropriate State agencies of any non-
compliance by the custodial pazent in a Title IV-A or Title XIX case, or of any non-
compliance by the absent pazent(s) in a Title IV-E case, with requirements related to
establishment of patemity and support when such non-compliance precludes further
process in establishing a support order.
I. The Corporation Counsel shall take appropriate action in cases where the public
assistance agency has made a Good Cause determination, as described under 45 CFR
232.40 as follows:
When the public assistance agency has made a determination of there being Good
Cause for the public assistance recipient to not cooperate with child support
services, along with a determination that the Title IV-D agency should not
proceed with any action to pursue support, the Corporation Counsel shall cease all
actions to establish patemity or establish/enforce support; or
2. When the public assistance agency has made a determination of there being Good
Cause for the public assistance recipient to not cooperate with child support
services, but that the Title IV-D agency may proceed without the involvement of
6
the recipient, the Corporation Counsel shall proceed with actions to establish
paternity or establish/enforce support without the involvement of the recipient.
The Corporation Counsel shall establish or enforce only those obligations that are owed
to the State upon being informed that the former public assistance recipient of a case that
is receiving services as a condition of public assistance does not want Title IV-I) services.
K. The Corporation Counsel shall establish and make available for program review or audit
by authorized State and federal officials, case records for any case referred by CSEA for
services pursuant to this Agreement, including, but not limited to, the following:
Case records, which shall contain:
a. Any referral documents received from CSEA and the date such document
or application was received by the Corporation Counsel;
b. Any other documents sent, received, or otherwise processed in the course
of providing services pursuant to this Agreement.
2. Information entered by the Corporation Counsel in the automated child support
enforcement system which shall include a record of any action relevant to the
processing of the case, and the date such action was taken, to enable evaluation of
whether or not performance requirements, as specified in Section VII of the
Agreement, have been met.
L. The Corporation Counsel shall implement procedures to ensure security of all
confidential information, including information contained in case records and electronic
data files. Case records and all supporting documentation shall be retained for at least
three yeazs and three months after the public assistance case is closed or the Title IV-D
case is closed, whichever is later.
M. The Corporation Counsel or its representative will, upon request or as needed, meet with
CSEA staff to discuss referrals, problems, forms, scheduling, etc.
N. The Corporation Counsel shall represent CSEA in divorce cases involving custodial
pazents who have assigned their rights to support to the State.
vI
A. The Corporation Counsel shall submit a proposed expenditure plan to CSEA, detailing
any costs that aze to be covered with CSEA funds for approval by CSEA. The
expenditure plan shall be submitted at the time of the signing of this Agreement for the
period of time covered from July 1, 1996 through June 30, 1997 and thereafrer, no later
than July 1 of the following State fiscal yeaz, and for each subsequent year that this
Agreement is in effect. An expenditure plan shall be submitted for each year. The
Corporation Counsel shall submit a proposed expenditure plan to CSEA, detailing any
costs that aze to be covered with CSEA funds. The expenditure plan shall be submitted at
such time as deemed necessary by CSEA in order to interface with CSEA's biennium or
supplemental budget submittal schedule and other State or federal requirements. Upon
final approval, this expenditure plan shall impose limits upon expenditures for the
respective periods unless approval for additional expenditures is given by CSEA.
Approval of or comments to the proposed plan shall be submitted to Corporation Counsel
in writing within thirty (30) days of receipt of the plan. If approval or comments are not
submitted within the thirty-day time period, the plan shall be deemed approved. Failure
of Corporation Counsel to submit a proposed expenditure plan may delay reimbursement
of costs incurred in the performance of the services done pursuant to this Agreement.
B. If applicable, the Corporation Counsel must maintain a cost allocation plan approved by
CSEA which complies with the standards contained in 45 CFR Part 74. The Corporation
Counsel must submit the drag or approved cost allocation plan with the proposed
expenditure plan. Allowable expenditures will be those indicated as eligible under 45
CFR Part 304 for federal financial participation. The Corporation Counse! may choose to
use affixed-cost allocation rate which must be approved by CSEA in writing.
C. The Corporation Counsel shall submit monthly billing to CSEA not later than the
fifteenth calendaz day of the month following the month in which the expenses were
incurred for all actual allowable direct and indirect expenditures incurred under this
Agreement. Upon receipt of the billing, CSEA will reimburse the Corporation Counsel
for all costs allowed under the approved expenditure plan unless any of the provisions of
Section VI, pazagraph E apply. Should a late submission result in costs being covered by
a lesser federal financial participation rate than the rate that was applicable had the
invoice been submitted when due and higher rate of State funds is required to cover the
costs, the Corporation Counsel shall assume the amount of the difference between the
amount of federal reimbursement received for the billing and the amount that would have
been received had the billing been submitted when due.
D. The maximum rate of incentive payment for any given quarter shall be proportionate to
the number of cases referred to the Corporation Counsel in the given quarter (X) in
relation to the average monthly number of Title IV-D cases which are active with CSEA
during the same period of time (Y). The amount of the incentive payment shall be
computed using the following formula: X/Y x the amount of incentives earned by CSEA
during the respective quarter as estimated by the federal government. Any necessary
adjustment of the amount of incentives based on the vaziance between the estimated
amount of incentives and the actual amount of incentives shall be made in the month(s)
subsequent to notification by the federal government as to the actual amount of incentives
earned by CSEA. Based on the evaluation of the Corporation Counsel's performance, the
rate of incentive payment may be reduced in accordance with Section VII, pazagraphs G
and H, of this Agreement.
E. CSEA reserves the right to withhold the reimbursement of expenditures subject to the
signing of this Agreement and approval of the expenditure and cost allocation plans.
Reimbursement to the Corporation Counsel, which is set at 100 percent of all expenses
allowed under the approved expenditure plan, is expressly subject to the continuing
availability of federal funds and CSEA reserves the right to unilaterally adjust funding to
the Corporation Counsel in the same proportion as any federal modification, or either
party may terminate the contract when federal financial participation is reduced or
terminated.
VII
Performance Criteria
A. The Corporation Counsel is responsible to ensure that all referrals to their office are
processed in such a manner as to meet the child support enforcement program
performance standazds as follows:
1. Within no more than ninety (90) calendaz days of locating the alleged father or
non-custodial parent, establish an order for support, complete service of process
necessary to commence proceedings to establish a support order and, if necessary,
patemity, or document unsuccessful attempts to serve process;
2. In 75 percent of all cases needing patemity and support establishment, complete
action to establish support orders or to reach disposition within six (6) months of
the date of service of process (includes cases where the Corporation Counsel used
long-arm jurisdiction and disposition occurred within 12 months of service of
process on the alleged father or non-custodial parent);
3. In 90 percent of all cases needing paternity and support establishment, complete
action to establish a support order and, if necessary, patemity, or reach disposition
within one (1) year of [he date of service of process;
4. Disposition, as used in pazagraphs 2 and 3 of this section, means the date on
which a support order is officially established and/or recorded or the action is
dismissed;
5. In all cases needing paternity establishment, request certificate of live birth
recorded with the Department of Health;
6. Provide all alleged fathers the opportunity to voluntarily acknowledge paternity in
accordance with 45 CFR 302.70(a)(5)(iii);
7. In any case where multiple alleged fathers aze named, the requirements set forth in
45 CFR 303.5(a)(3) apply;
8. Where applicable, seek entry of a default order by the court in a paternity case by
showing that process had been served on the defendant, and that the defendant had
failed to respond to service, in accordance with 45 CFR 302.70(a)(5)(viii);
10
9. Where attempts to serve process have failed and adequate identifying and other
information exists to serve process, diligent attempts to effect service of process
must be repeated periodically;
10. Interstate cases shall be processed using the most expeditious and effective legal
means available to establish patemity and support obligations; utilizing long-arm
process where applicable;
11. Cases referred to Hawaii as being the ini[iatingjurisdiction for interstate action(s)
shall be handled according to the following criteria:
a. Within twenty (20) calendar days of determining that the absent parent or
alleged father is in another state, and, if appropriate, receipt of any
necessary information needed to process the case, the case must be
referred to the responding state's central registry for appropriate action;
b. Within thirty (30) calendar days of receiving a request for additional
information from a responding state in an interstate case, the responding
state must be notified of such information or notified as to when such
information will be provided; and
c. Within ten (10) working days of receiving new information on an
interstate case, the child support enforcement agency in the responding
state must be notified of such information.
B. Action to establish paternity and support obligations and to initiate interstate
establishment and enforcement shall be completed within timeframes prescribed by
federal regulations in at least 75 percent of all cases referred.
C. Final court orders in patemity and support cases shall be provided to CSEA within seven
(7) working days of their receipt by the Corporation Counsel.
D. Services on a case shall be terminated only when the case meets case closure criteria of
45 CFR 303.11, whereupon the Corporation Counsel shall inform CSEA of the need for
closure of Title IV-D services.
E. It is expressly understood that the Corporation Counsel represents CSEA in all cases, and
as such, all the rights and responsibilities of an attorney/client relationship exist.
F. As general performance criteria, the Corporation Counsel will:
1. Comply with applicable federal and State laws, rules, procedures, and the Hawaii
Rules of Professional Conduct;
2. Attempt wherever possible to achieve cost effectiveness by consolidating court
heazings, travel, child support enforcement case proceedings, procedures, forms,
etc.;
3. Be well versed in case law as it relates to child support enforcement matters. The
attorneys aze also expected to have knowledge and understanding of the
following:
a. Federal laws and regulations on child support enforcement;
b. Hawaii laws on patemity, non-support, and dependent children;
c. Federal child support enforcement action transmittals;
d. CSEA manual materials, when provided; and
4. Know and understand the statute of limitations as it applies in any child support
case, including patemity, and shall file all actions in a timely manner to protect
the State against losses due to the statute of limitations, except those cases that the
Corporation Counsel and CSEA deem without merit.
G. Performance Review Plan:
1. CSEA shall perform annual personnel, fiscal, and program reviews of the
Corporation Counsel's operation. For the purpose of these reviews the
Corporation Counsel will make available those records necessary to evaluate
performance.
2. Should the Corporation Counsel be found to be deficient in any aspect of its
performance under this Agreement, based on annual reviews or other performance
indicators, CSEA will send written notification to the Corporation Counsel
identifying the deficient performance azeas and requesting a corrective action
plan. The notice shall be provided within thirty (30) calendar days of completing
a review or finding of deficiency.
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3. Corrective action plan process:
a. The Corporation Counsel shall submit a corrective action plan addressing
each of the identified deficiencies within thirty (30) calendar days from the
date of notification. The plan must state the planned steps that the
Corporation Counsel will take to bring about the needed correction and the
timeframes within which the correction will be accomplished.
b. Any penalty will be suspended for a period not to exceed one year from
the date of the notice if the corrective action plan is approved by CSEA
within thirty (30) calendaz days of the date of receipt, or approved
automatically because CSEA took no action within thirty (30) calendar
days of the date of the receipt of the plan, and CSEA finds that the
corrective action plan is being fully implemented and progress is being
made to achieve substantial compliance with the unmet requirements cited
in the notice.
c. Within one yeaz of the date of the notice, CSEA will conduct a review to
determine whether the cited azeas have been corrected to achieve full
compliance with the requirements.
H. Should the Corporation Counsel fail to provide a corrective action plan that addresses the
deficiencies identified in the notice or fail to achieve full compliance in the azeas cited on
a timely basis, the payment for incentives specified in Section VI, pazagraph D, shall be
reduced by five (5) percent for the next month, and any subsequent months thereafrer,
until compliance is accomplished. Written notice of this action will be made to the
Corporation Counsel by CSEA.
VIII
Conditions of Agreement
All conditions of this Agreement aze understood to incorporate the terms of the Title IV-
D State Plan, including amendments. All actions taken under this Agreement are to conform to
13
applicable federal and State statutes and regulations. In cases of dispute, CSEA is the authority
for the interpretation of any such material.
IX
Amendment and Termination
A. This Agreement may be amended from time to time at the request of either party with
respect to any matter including, but not limited to, revised Title IV-D program
requirements, budget revisions, scope of services, or amount of reimbursements. Such
requests and amendment shall be in writing, and must be approved by both parties in
writing.
B. This Agreement may be terminated immediately upon the mutual Agreement of the
parties. Either party may terminate this Agreement, but only afrer sixty (60) days written
notification of such intention is received by the other party.
C. This Agreement will be terminated should there be violations of federal or State law,
failure to take appropriate corrective action as set forth in Section VII, or repeated failure
to perform without good cause within the parameters of the performance standards of this
Agreement.
X
Effective Dates
This Agreement shall be for one yeaz, commencing July 1, 1996. Unless otherwise
amended, modified, or terminated in writing, this Agreement shall be renewed each yeaz, not
exceeding June 30, 2001, commencing July 1st of the new State fiscal yeaz, with the approval by
CSEA of the County's annual expenditure plan as required in Section VI, Reimbursement for
Services, Section A, of this Agreement.
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In witness whereof, the parties hereto have executed these presents on the date opposite
their signature below.
Date
Date
Date
By
ADMINISTRATOR
CHILD SUPPORT ENFORCEMENT AGENCY
By
ATTORNEY GENERAL
MAYOR OF HAWAII
By
APPROVED AS TO FORM AND LEGALITY:
CORPORATION COUNSEL
DEPUTY ATTORNEY GENERAL
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