34513-07827_7th_ProForma_RELEASE_2.docx

CONTRACT

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6-24-26 FA

RFS# 34513-07827

CONTRACT

BETWEEN THE STATE OF TENNESSEE,

DEPARTMENT OF HUMAN SERVICES

AND

CONTRACTOR NAME

This Contract, by and between the State of Tennessee, Department of Human Services (“DHS”) or (“State”) and Contractor Legal Entity Name (“Contractor”), is for the provision of child support enforcement in the 7th Judicial District of Tennessee, as further defined in the "SCOPE." State and Contractor may be referred to individually as a “Party” or collectively as the “Parties” to this Contract.

The Contractor is a/an Individual, For-Profit Corporation, Non-Profit Corporation, Special Purpose Corporation Or Association, Partnership, Joint Venture, Or Limited Liability Company.

Contractor Place of Incorporation or Organization: Location Contractor Edison Registration ID # Number

A. SCOPE:

The Contractor shall provide all goods or services and deliverables as required, described, and detailed below and shall meet all service and delivery timelines as specified by this Contract.

Definitions. For purposes of this Contract, definitions shall be as follows and as set forth in the Contract:

“7th Judicial District” means the 7th Judicial District of Tennessee which serves Anderson County.

“Abandonment” means an instance in which the caller disconnects from the Contractor’s call system.

“Administrator” or “Office Administrator” means the one (1) full-time employee whose responsibilities include oversight of the child support enforcement services operations for the 7th JD. This position shall be scheduled to work when the State Offices are open, Monday through Friday from 8:00 A.M. Eastern time to 5:00 P.M. Eastern time and be physically located in the 7th Judicial District Office during hours of operation.

“Administrative Order” means child support orders issued by a court with proper jurisdiction or established by an administrative entity such as the State’s child support agency.

“Attorney List” means the complete and accurate list of all legal counsel employed by the Contractor to represent the State in matters related to this Contract, including at least the full name, address, direct telephone number, and State-issued bar number for each attorney.

“CAP” means a Corrective Action Plan which is a written description of how the Contractor will determine the root cause of an ongoing problem, remedy the immediate operational challenge, and prevent the same problem or similar problems from occurring in the future and throughout the rest of the Contract Term.

“Central Registry” means the central registry unit, established by a state, that is responsible for receiving, transmitting, and responding to inquiries on all incoming Intergovernmental IV-D cases in accordance with 45 C.F.R. § 303.7.

“Child Support Guidelines” means the OCSE (as defined) methodology used to determine the amount of an Obligor’s monthly child support obligations in accordance with 45 C.F.R. § 302.56 and 42 U.S.C. § 667et. seq.

“Data Set” means a collection of related sets of information that is composed of separate elements but can be manipulated as a unit by a computer.

“Disaster Recovery Test” means the process of verifying the success of the restoration procedures that are executed after a critical IT failure or disruption occurs.

“EDE” means the electronic document exchange that is housed in the State Services Portal, managed by the Office of Child Support Services.

“Effective Date” means November 1, 2026, the date the Contractor shall start working with the current vendor for the 7th JD to begin the no-cost transition of data, case files, and physical office space in preparation for providing the services at issue in this Contract on the Go-Live Date (as defined).

“Final Payment” means the last payment, which shall be designated a milestone payment wherein payment to the Contractor is dependent upon the successful transition of services to a future vendor as outlined in Sections A.35 and A.68 of this Contract.

“FPLS” means the Federal Parent Locator Service as established in 42 U.S.C. § 653(a).

“FTE” or “Full Time Employee” means an individual employed by the Contractor that is scheduled to work at least physically, forty (40) hours per week, on-site in the Contractor’s JD Office, unless otherwise directed by the State.

“FTI” means Federal Tax Information, a return or return information received directly from the IRS or obtained through an authorized secondary source such as SSA, OCSE, or another entity acting on behalf of the IRS pursuant to an I.R.C. § 6103(p)(2)(B) Agreement.

“Go-Live Date” means May 1, 2027, the date the Contractor shall begin billing the State for providing the services at issue in this Contract at the rates established in Section C.1. and C.3. below.

“IV-D” means Title IV-D of the Social Security Act, 42 U.S.C. § 651, et seq.

“Implementation Plan” means the document describing the Contractor’s business processes and approach to performing the Scope of Services, as further discussed in Section A.3.

“Intergovernmental” or “Intergovernmental IV-D Case” means a IV-D case that meets the criteria found at 45 C.F.R. § 301.1.

“IRS” means the Internal Revenue Service.

“Key Personnel” shall mean the Project Management, Program Manager who may also be referred to as the Office Administrator, supervisory staff, trainers, and attorneys.

“MPS” or “Minimum Protection Standards” means the requirements as defined in Section 4.2 of IRS Publication 1075 and further discussed in Section A.62 of this Contract.

“Monthly Performance Measures Reports” means a report submitted to the State from the Contractor once a month by the Contractor that summarizes the previous month’s compliance with the minimum performance standards established by Section A.9 of this Contract and the elements of information required by 42 U.S.C. § 669(a).

“Monthly Project Update Report” means a status report assessing the Contractor’s compliance with the performance standards established in this Contract.

“Program Manager” means the one (1) full-time employee whose responsibilities include oversight of the child support enforcement services operations for the 7th JD. This position shall be scheduled to work when the State Offices are open, Monday through Friday from 8:00 A.M. Eastern time to 5:00 P.M. Eastern time and be on-site, physically located in the 7th Judicial District Office during the hours of operation.

“NIST” means the National Institute of Standards and Technology.

“Obligor” means a person who is bound to another by contract or other legal procedure.

“OCSE” or “Office of Child Support Enforcement” means the Office of Child Support Enforcement, a subdivision of the Administration for Children and Families division of the U.S. Department of Health and Human Services.

“Operating System” means the software that supports a computer's basic functions, such as scheduling tasks, executing applications, and controlling peripherals.

“RPO” means Recovery Point Objective.

“RTO” means Recovery Time Objective.

“SDU” means the State Disbursement Unit, the processing center established in accordance with Tenn. Code Ann. § 36-5-114 which is responsible for collecting and processing payments for all child support cases enforced by the State of Tennessee’s Child Support Enforcement Program pursuant to Title IV-D of the Social Security Act, 42 U.S.C. § 651 et seq., and specifically 42 U.S.C. § 654b.

“Service Center” means the Contractor’s facility at which the Contractor performs telephone answering services in accordance with Section A.52. of the Contract.

“SSA” means the Social Security Administration.

“TANF” means the Temporary Assistance for Needy Families program as defined and described at 42 USCA § 601 et seq.

“TCSES” means the Tennessee Child Support Enforcement System which is an electronic database that is operated by the Department of Human Services for the recording of child or spousal support data, and for collection, distribution, and disbursement of child and spousal support payments, or any replacement system adopted by the State.

“Tennessee Child Support Handbook” means that certain document created by the State, as updated from time to time, and available at: https://www.tn.gov/content/dam/tn/human-services/documents/cs_handbook.pdf “VAoP” means voluntary acknowledgement of paternity by a parent of a child.

Implementation. The Contractor shall establish and maintain a Child Support Enforcement Program in the 7th Judicial District of Tennessee which fully complies with the provisions of Title IV-D of the Social Security Act, 42 U.S.C. § 651, et seq. as amended, Title 45 of the Code of Federal Regulations (C.F.R.), state law and regulations, and Child Support program policy and program directives. The Contractor shall be responsible and accountable for the proper operation of the enforcement program pursuant to Title IV-D of the Social Security Act. The Contractor shall ensure that the initial establishment of the program is in accordance with the draft Implementation Plan provided in the Technical Proposal that the Contractor submitted in its response to Request for Proposal 34513-07827, provided, however, that the Contractor shall comply with directives the State may issue regarding the draft Implementation Plan and the Contractor’s implementation activities. No later than thirty (30) days after the Effective Date of this Contract, the Contractor shall submit a final version of its Implementation Plan for the State’s review and approval. The Contractor shall comply with any request by the State to modify the draft Implementation Plan submitted. The State in its sole discretion shall determine whether the final Implementation Plan is adequate, and whether to approve the Implementation Plan. Upon the State’s approval of the final Implementation Plan, the Contractor shall comply with the Implementation Plan.

Legal Representation. The Contractor shall ensure that its attorney positions cover every judicial hearing involving the Title IV-D Child Support program for the 7th Judicial District throughout the Contract Term. The Contractor’s legal counsel in the 7th Judicial District shall be licensed to practice law in the State of Tennessee and shall attend and represent the State in every judicial hearing involving the Title IV-D Child Support program.

Control of the Contractor’s Attorneys. The Contractor’s legal counsel performing services under this Contract shall be direct employees of the Contractor, unless the Contractor has provided sufficient justification for the use of a subcontractor and the request and subcontractor are approved, in writing, by the State in accordance with Section D.7 of this Contract. The Contractor shall not provide services under this Contract using attorneys or other individuals who are employees of a staffing vendor without prior authorization of the State. The Contractor shall provide the State with justification in writing to subcontract legal representation within thirty (30) days of Contract award if it intends to use a subcontractor. The Contractor shall, within ninety (90) days of the Effective Date of this Contract, submit to the State the terms of the subcontract agreement, including details of how the Contractor will provide appropriate oversight and accountability of the subcontractor. The Contractor shall only employ legal counsel for the provision of legal services required by this Contract after receipt of the approval of the DHS Office of General Counsel and the Office of the Attorney General and Reporter.

Attorney Staff Levels and Fora. The Contractor shall maintain sufficient legal counsel staffing to adequately represent the State pursuant to the terms of this Contract for all judicial proceedings and hearings in accordance with Sections A.4.c-e, and A.6. of this Contract, including reviews by Tennessee courts of any type of administrative action taken by the State involving the Title IV-D Child Support program. The Contractor shall have a coverage plan to account for attorney unavailability, which shall be provided to the State upon request. The Contractor shall ensure that the Contractor’s attorney represents the State in federal bankruptcy court in actions involving the Title IV-D Child Support program, but not in any other Title IV-D Child Support actions arising in other federal trial or administrative tribunals or in any federal appellate courts, unless otherwise directed in the policies and procedures of the DHS’s Child Support program or as otherwise specifically directed by the Office of General Counsel of DHS or by the Office of the Attorney General and Reporter. The Contractor shall not represent the State in appellate court appeals or reviews of any such hearings or actions in the Tennessee Court of Appeals or in the Tennessee Supreme Court.

Hearings. The Contractor shall ensure that its attorney positions: 1) cover every judicial hearing involving the Title IV-D Child Support program for the 7th Judicial District throughout the Term; and 2) attend and represent the State in every judicial hearing involving the Title IV-D Child Support program. The Contractor shall ensure that its attorneys attend administrative hearings as stated in the policies and procedures of DHS’s Child Support program and as otherwise directed by the Office of General Counsel of DHS or by the Office of the Attorney General and Reporter.

Attorneys’ Professional Conduct. The Contractor shall ensure that its attorneys represent and vigorously advocate for the interests of the State of Tennessee, DHS, and the Title IV-D Child Support program as may be directed by the Office of General Counsel of DHS or by the Office of the Tennessee Attorney General and Reporter, consistent with the Tennessee Rules of Professional Conduct and the laws of Tennessee, and as may be required by the procedures and policies of DHS’s Title IV-D Child Support program. The Contractor shall ensure that all legal counsel performing services on behalf of the Contractor maintain strict standards of confidentiality of records in accordance with state and federal law and regulations. The Contractor shall notify the State in writing no later than three (3) business days after it becomes aware of any disciplinary action, suspension, or disbarment proceedings initiated against legal counsel employed or sub-contracted by the Contractor.

Actions and Settlements. The Contractor shall bring all court actions in the name of the State and the person receiving IV-D services and shall notify the State or the Office of the Attorney General and Reporter in a timely fashion of any judicial or administrative decision or settlement offers or agreements which may adversely affect the State’s interest. The Contractor shall not enter into any settlement that results in the loss of State revenue.

Attorney List. The Contractor shall maintain and provide to the State a complete and accurate Attorney List. The Contractor shall provide the Attorney List to the DHS Office of General Counsel and to the General Civil Division of the Office of the Attorney General and Reporter no later than thirty (30) days after the Go Live Date of this Contract, and shall update the Attorney List no later than ten (10) business days after the Contractor gains, loses, or reassigns its attorneys for any reason. The Contractor shall ensure that the Attorney List includes the resumes of proposed personnel for project management, supervisory staff, and legal counsel the Contractor uses to provide services under this Contract during the Term. Attorneys utilized by the Contractor for the provision of legal services required by this Contract, whether employees or subcontractors, are subject, at all times, to the approval of the State and the Office of the Attorney General and Reporter.

State Approval of Contractor’s Attorneys and Key Personnel. No later than sixty (60) days after the Effective Date of this Contract, the Contractor shall obtain the approval of DHS of the resumes of all proposed Key Personnel assigned to the project. Prior to any personnel changes, the Contractor shall submit in writing for DHS’s approval, the resumes of proposed Key Personnel assigned to the project during the Term of this Contract. DHS will provide such approval or denial in writing. The Contractor shall maintain a schedule of Monday through Friday during the hours of 8:00 A.M. Eastern time through 5:00 P.M. Eastern time and is providing the services at issue in this Contract. The Contractor shall ensure that the FTE has completed all required data security trainings and completed the appropriate background investigations. The Contractor shall ensure that no personnel who provide services under this Contract are employed by a staffing vendor, temp agency, or other similar staffing provider subcontracting with the Contractor.

Office and Workers. The Contractor shall ensure that, at a minimum, the Child Support office(s) remain(s) open and staffed on all days that the State is open. All staff, including Key Personnel, must be physically located on-site at the child support office. The Contractor’s hours of operation in the Contractor’s office(s) in the 7th Judicial District shall be, at a minimum, from 8:00 A.M. to 5:00 P.M. Eastern Time, and the Contractor’s staff shall be available to assist clients continuously throughout the day, from opening until close of business, including the lunch hour. The Contractor shall ensure that the Child Support office(s) is identified by an exterior sign containing the following phrase: CHILD SUPPORT SERVICES 7th JUDICIAL DISTRICT. Any signage installed under the requirements of this Section shall be subject to final approval by the State. The Contractor shall not house other businesses contracted or otherwise or allow access to areas of the Child Support office where child support enforcement services are being performed. This includes, but is not limited to, Contractor’s employees and subcontractors that are not directly assigned to this Contract and have not been approved by the State to receive access to any child support data in any form.

Each month the Contractor shall maintain a staffing level to fully support child support enforcement operations of seven (7) FTE of the Contractor. Contractor acknowledges and understands that “fully staffed” assures that all hearings under this Contract are covered throughout the Term as described in Section A.4.The Contractor shall not include the following in calculating its staffing level:

part-time employees;

staff physically located outside of the Contractor’s office(s) in the 7th Judicial District, unless approved in writing by the State;

staff who are not employees of the Contractor, with the exception of any approved subcontracted legal counsel as described in Section A.4; and staff on unpaid leave not including enrollment of the Family and Medical Leave Act (FMLA).

The Contractor shall submit its staffing plan, including hours and days dedicated to the project and location of staff in writing within sixty (60) days of the Effective Date of the Contract. Upon the State’s approval, the Contractor shall adhere to the State-approved staffing plan. The Contractor shall not modify the staffing plan except upon the State’s prior written approval. The staffing plan shall include contingency plans for how the Contractor will continue operations in the event Key Personnel are absent or unavailable for ten (10) or more consecutive business days. The staffing plan shall be provided upon the request of the State at any time during the Term.

The Contractor shall provide the State a written directory with the names, email addresses, and direct phone numbers of all Key Personnel assigned to this Contract. The Contractor shall maintain the directory and provide the State an updated version within ten (10) business days, if personnel, email addresses, or phone numbers change.

All Contractors and subcontractors employed under this Contract shall use the State issued email address “@tn.gov” assigned to their user identification number.

The Contractor shall ensure that all FTEs under this Contract dedicate one hundred percent (100%) of their working hours as FTEs to this Contract.

The State reserves the right, at its sole discretion, to adjust the staffing levels required in this Contract based on the Contractor’s performance during the Term. The State shall give the Contractor at least thirty (30) days’ written notice before requiring an adjustment to the staffing levels.

The Contractor shall notify and seek approval from the State for any potential candidates that are previous DHS employees or currently employed staff of DHS. Such approval shall be requested prior to hiring.

Technical Support. The Contractor shall provide adequate technical support staff needed to analyze, plan, implement, and operate technical services that may be needed to meet the diverse needs of the State, including but not limited to: equipment installation and maintenance, reporting, call or email campaigns, and participation surveys.

Nondisclosure. The Contractor shall, as directed by the State and at no additional cost to the State, coordinate with, facilitate the prompt exchange of information between, and work collaboratively with any and all third-party contractors engaged by the State and state agencies. If required in order for the Contractor to proceed with any part of the Scope of Services which involves sharing or obtaining information of a confidential, proprietary, or otherwise valuable nature with or from a third party contractor engaged by the State, the Contractor shall execute such documents, including but not limited to nondisclosure agreements, as determined by the State, to maintain cooperation and collaboration among and with any and all third party contractors engaged by the State and state agencies in the performance of the Contract. The Contractor shall comply with any nondisclosure agreement for proprietary or confidential information of a third-party contractor.

Minimum Performance Standards. The Contractor shall comply with all State directives regarding processing of reports and lists, participate in special projects or training(s) intended to improve performance, “Minimum Performance Standards.” The Contractor shall meet or exceed the Minimum Performance Standards set forth in this Section in the following five areas: (a) establishment of paternities; (b) establishment of child support orders; (c) collections on current child support due; (d) cost effectiveness; and (e) collection on past child support due (arrears).

Within sixty (60) days following the end of each preceding completed contract year, the State shall review the Monthly Performance Measures Reports for that contract year and determine whether Contractor has met Minimum Performance Standards for the last month of each contract year, or the average for the contract year. Failure to meet the Minimum Performance Standards set forth in this Section may result in assessment of Liquidated Damages in accordance with Section E.10. and Attachment B - Liquidated Damage Events and Amounts. The Contractor shall meet the following Minimum Performance Standards:

Paternity Establishment Percentage. The year-to-date ratio of the number of IV-D children born out of wedlock to the number of IV-D paternities established or acknowledged shown on the Monthly Performance Measures Report as of the last month of each contract year shall equal at least ninety-five percent (95%).

Support Order Establishment. The year-to-date ratio of the number of IV-D cases in which a support order (financial/medical) exists as compared to the total number of IV-D cases in the Contractor’s caseload shown on the Monthly Performance Measures Report for support order establishment as of last month of each contract year, or the average for the contract year, shall equal or exceed the value for that year as specified in the following table, or average that value over the term of that year.

Collections on Current Support. The year-to-date ratio of the total amount of current support disbursements to the total amount of current support owed during the contract year shown on the Monthly Performance Measure Report as of the last month of each contract year shall equal or exceed the value for the contract year as specified in the following table or average that value over the term of that year.

Total Disbursed Child Support Collections. As of the end of year 1 the total amount of child support disbursed shall be one percent (1.0%) higher than the total amount disbursed for the 7th Judicial District during the period May 1, 2026, through April 30, 2027. For each subsequent contract year, the increase in total amount of child support disbursed compared to the amount disbursed during the previous contract year, shall equal or exceed the percentage specified in the following table:

Payments on Arrears Cases. The ratio of the number of IV-D cases in the Contractor’s caseload for which an arrears payment was due to the total number of cases receiving a payment on arrears shall equal the minimum level specified in the following table:

Problem Notification. At the point at which the Contractor discovers or reasonably should have known of any problem that is likely to jeopardize the Contractor’s ability to perform any function as specified in this Contract, the Contractor shall notify the applicable DHS staff (as well as the State’s designated general contact for this Contract) via phone and via email within one (1) hour if the problem occurs during the business day and no later than 9:00 A.M. Central Time the following business day if the problem occurs after close of business.

Corrective Action Plan Performance. The State shall review Contractor’s performance in relation to the terms and conditions of this Contract, including without limitation the Minimum Performance Standards set forth in Section A.9, and notify the Contractor by letter of any deficiencies in performance of the Contractor identified, in response to which the Contractor shall, if requested by the State, provide a CAP within sixty (60) days following the date of the letter from the State. The Contractor shall take all actions specified in the CAP following its approval by the State within the timeframes specified therein.

Corrective Action Plan Submission. The Contractor shall provide a CAP within sixty (60) days of the date of each letter from the State specifying that one or more of the performance standards specified in Section A.9 was not met. The Contractor shall provide each CAP for review and written approval by the State.

Corrective Action Plan Revisions. The Contractor shall clarify or revise within fifteen (15) business days any CAP or section(s) of the CAP which the State determines is not acceptable.

Audit Finding. The Contractor shall cooperate with any State-initiated CAP necessary to respond to an audit finding, regardless of whether the audit finding was due to the Contractor’s performance.

Corrective Action Plan Approval by State. The State will notify the Contractor within ninety (90) days of the receipt of a CAP of the acceptability of the plan and allow fifteen (15) business days for the Contractor to submit clarification or revision if the CAP is deemed to be unacceptable to the State.

Interpretation of Legal Requirements. The State in its sole discretion will determine whether the Contractor’s performance complies with applicable law, and the Contractor shall defer to the State’s interpretation of legal requirements.

On-Site Visits. The State may monitor Contractor performance of this Contract through various methods including, but not limited to, periodic on-site visits. The State’s monitoring activities under this Contract may include without limitation review of the following: office procedures; Key Personnel’s performance, customer service; adherence to child support policy and procedures; paternity and order establishment; enforcement; collection and distribution of child support. In conjunction with on-site visits the State may discuss, recommend, and monitor special activities that are implemented for the purpose of performance improvement.

Program Reviews. The State may conduct program reviews of the operation of the Contractor’s Title IV-D program. The State may require a new or revised CAP to address any deficiencies identified. Any change in the Contractors’ processes or operations shall be reviewed for approval by the State prior to implementing the change.

Monthly Project Update Report. The Contractor shall provide, in a format prescribed by the State, a Monthly Project Update Report no later than the fifteenth (15th) day of the month following the end of the reporting period. The Contractor shall provide additional reports as requested by the State.

Administrative Orders. The Contractor shall utilize all Administrative Orders made available by the State IV-D agency for enforcement purposes.

Title IV-D Services. The Contractor shall ensure that the following services are available and provided in a timely manner for all applicable Title IV-D cases:

Case Initiation. The Contractor shall perform all activities associated with initial child support case opening activities, including providing and accepting applications for service from a custodial or non-custodial parent or other designated caretaker of the child(ren), collection of necessary case information on TCSES, and providing the IV-D case or member number to the Clerk of Court when necessary. The Contractor shall meet the following intake performance standards:

Provide an application for child support enforcement services on the day it is requested, if requested in person, or within five (5) business days if requested by phone or mail, and a copy of the Tennessee Child Support Handbook, with any current supplements or inserts, shall also be included with the application.

Within twenty (20) calendar days of receiving a referral or application for services, an assessment of the case shall be completed, to include solicitation of necessary information from the applicant, initiation of verifications, and if necessary, initiation of activities designed to locate a parent.

Establishing Legal Obligation for Financial and Medical Support.

Use of Legal and Administrative Remedies, Establishment of Paternity, Use of and Payment for Genetic Testing. The Contractor shall be responsible for the timely use of appropriate legal remedies, including the administrative remedy processes provided for in federal and Tennessee law, to secure orders of paternity and support after successful location activities. The Contractor shall ensure that the paternity determination is achieved through agreed orders, contested court action, or a voluntary acknowledgment. In any contested paternity establishment action, the Contractor shall file a request for genetic testing with the appropriate tribunal. If the IV-D agency has paid the initial costs of the genetic testing and the alleged father is determined to be the legal father, the Contractor shall petition the court to reassess the costs of the genetic testing against the defendant father.

Use of Child Support Guidelines, Form of Order, Use of Income Withholding. In establishing a legal obligation to support, the Contractor shall petition for support in accordance with the State child support award rules in Tenn. Comp. R. & Regs. 1240-02-04. The Contractor shall ensure that the petition requests child support to be set in a specific dollar amount, due per month, including any arrearages. The Contractor shall ensure that petitions shall also include language requesting the immediate use of income withholding on all support orders for all assignable income which is currently, or later becomes, available.

Establishment of Medical Support. The Contractor shall petition the court to establish a legal obligation for the medical support of the child in the form of health insurance in every TANF, Medicaid/TennCare, and foster care case if the child does not have medical insurance, other than Medicaid/TennCare, and in all non-TANF cases. The Contractor shall ensure that the petition includes a request that, in the event the court finds that health insurance is not available at reasonable cost, the court order that health insurance is obtained for the child when and if it becomes available.

The Contractor shall comply with the following authority as may be amended during the Term:

42 U.S.C. § 666(a)(19);

45 C.F.R. § 303; and Tenn. Code Ann. § 36-5-501.

Unless a court or administrative order allows health care coverage for a child by a method other than employer-based health care coverage, the Contractor shall, pursuant to 42 U.S.C. § 666 and 45 C.F.R. § 303, use the mandatory National Medical Support Notice (“NMSN”), promulgated by the OCSE, to inform the non-custodial parent’s employer of the provision in the order for health care coverage within two (2) business days of the entry of such employee who is an Obligor in a Title IV-D case into the directory of new hires pursuant to Tenn. Code Ann. § 36-5-501(a)(3).

Pursuant to 45 C.F.R. § 303.32(a), the Contractor shall use the NMSN to notify the employer of a custodial parent if that parent is ordered to provide health care coverage through an employment-related health plan.

Timeframes Applicable to Establishing Orders.

Location Activities. The Contractor shall verify a residence or employer’s address where the non-custodial parent may be served. The Contractor shall establish and utilize local and State-provided resources for locating parents, including assisting the State in locating non-custodial parents for other jurisdictions. The Contractor shall perform location services within the following timeframes:

Within seventy-five (75) calendar days of determining that location is necessary, all appropriate location services shall be utilized, including referral to the FPLS.

When location activities have been unsuccessful, the Contractor shall repeat efforts at least quarterly or at any point new location information is received. Quarterly attempts may be limited to automated resources but shall include accessing State Employment Security files via the Tennessee Clearinghouse System, or such other system as the State may direct in writing, and weekly reporting received from partner agencies.

Service of Process. The Contractor shall provide service of process within fifteen (15) calendar days of locating the non-custodial parent. No later than ninety (90) calendar days after location of the non-custodial parent, the Contractor shall obtain a return from the process server indicating that the non-custodial parent was served. If the Contractor cannot obtain service of process, the Contractor shall document all attempts to serve process in the TCSES legal diary and the Contractor shall continue to attempt to serve process in order to keep the legal action viable in accordance with local rules of court and other applicable legal authority.

Establishing Paternity. Following successful service of process, the Contractor shall establish paternity within six (6) months in seventy-five percent (75%) of the caseload and within twelve (12) months in ninety percent (90%) of the caseload.

Establishing Support Order. The Contractor shall establish a support order within ninety (90) calendar days of locating the non-custodial parent when service of process is not necessary. If service is necessary, the Contractor shall serve process upon the non-custodial parent by the ninetieth (90th) day after the Contractor locates the non-custodial parent or unsuccessful attempts to serve process shall be documented. In those cases where the non-custodial parent is served with process, the Contractor shall ensure that court orders are established in seventy-five percent (75%) of the cases within six (6) months and ninety percent (90%) within twelve (12) months.

Enforcement of Support Orders:

The Contractor shall employ appropriate legal remedies, including those administrative processes provided for in federal and Tennessee law, to enforce all orders of support in a timely manner. The Contractor shall enforce orders including, but not limited to, the enforcement of spousal support when it is contained in the same order with child support; medical support if the order specifies a dollar amount to be paid for medical support; or the provision of health insurance coverage.

The Contractor shall utilize enforcement remedies including, but not limited to, the following:

immediate income withholding on all new and modified orders as well as all cases with a delinquency or arrears;

sending the National Medical Support Notice established under 42 U.S.C. § 666(a)(19) to any employer to provide notice to the employer of the requirement for employer-based health care coverage for such child through the child’s parent who has been ordered to provide health care coverage for such child;

contempt proceedings;

establishment and enforcement of liens against real or personal property, including tort actions, worker’s compensation actions, or other civil actions wherein a money judgment may be obtained, and attachment and liquidation of assets;

issuance of administrative seizure orders;

execution on judgments, including the use of garnishment;

requirement of bonds to secure support;

use of the IRS full collection service;

extradition, where appropriate;

use of the passport denial program and other programs made available as enforcement tools;

use of the federal court system; and adherence to the guidelines established for the Treasury Offset Program for federal funds owed to child support Obligors.

Timeframes Applicable to Enforcement Action:

The Contractor shall comply with the following timelines applicable to enforcement actions for a support order:

If for any reason, an immediate income assignment was not issued previously in any order, due to an agreement between the parties as contained in the court order, or for other reasons permitted under Tenn. Code Ann. § 36-5-501(a)(2), then, in cases with sufficient information for issuance of an income assignment order, such assignment shall be issued immediately, if the full amount of support due in a month is not paid by the date upon which the ordered support is due.

When immediate issuance of an income assignment order is not possible due to lack of information regarding employment, enforcement action shall be taken, unless service of process is necessary, within thirty (30) calendar days of identifying the delinquency or arrears or locating the non-custodial parent.

When service of process is necessary, service shall be completed (or unsuccessful attempts to serve process shall be documented) and enforcement action taken within sixty (60) calendar days of identifying the delinquency or arrears or the location of the non-custodial parent.

Review Proceedings and Modification Orders. The Contractor shall initiate review proceedings in accordance with federal and Tennessee law, rules, regulations, and State program policy, using appropriate administrative proceedings, judicial proceedings, or both, and if appropriate, adjust the support order amount administratively or petition the appropriate court or tribunal for such changes in accordance with federal and Tennessee law, rules and regulations and State program policy. The Contractor shall ensure that all petitions for modification of orders shall include a request for income withholding.

Policy and Procedures. The Contractor shall comply with all requirements set forth in the State’s Child Support Policy and Procedures and policy updates, the terms of which are incorporated by reference. The State shall provide the Contractor with access to the electronic program policy listing located on the State Intranet at https://www.teamtn.gov/humanservices/dhs-divisions/child-support/cs-policy.html.

Voluntary Paternity Acknowledgment. The Contractor shall follow the State’s VAoP policy and procedures for customers seeking to complete a VAoP form to be submitted to the Tennessee Department of Health’s Office of Vital Records, including all customers and not just applicants for Title IV-D services.

Case Referrals. The Contractor shall accept case referrals from the State via an automated system interface and case transfers from other in-state jurisdictions and shall provide application forms and accept applications from any custodial parent, non-custodial parent, or other designated caretaker of a child who desires Title IV-D services.

Continued Efforts. The Contractor shall continue efforts for collection of court-ordered obligated arrears or medical support owed to the State when a TANF family loses eligibility, unless the State determines in its sole discretion that there is no possibility of securing collections owed and advises the Contractor of the same in writing. The Contractor shall continue to provide all appropriate child support services to the family as a non-TANF case unless conditions exist that preclude continued services as set forth in Child Support Policy and Procedures.

Closing Cases. The Contractor shall close child support cases that are eligible as defined under 45 C.F.R. § 303.11.

Legal Processes. The Contractor shall utilize available legal processes to seek enforcement by the Court, Magistrate, or Hearing Officer of all unpaid child support at any judicial or administrative hearing appropriate for such purpose. The Contractor shall advise the State of any significant changes in court filing procedures occurring within the 7th Judicial District.

TCSES. Unless the State directs otherwise in writing, no later than the first business day following the establishment or modification of a support order, the Contractor shall ensure that the support order information is entered into the TCSES. For purposes of the immediately preceding sentence, the Parties agree that the date of establishment or modification for an order shall be the date the support order or modified support order is signed by a judge. The Contractor shall maintain an average monthly accuracy rate of ninety-five percent (95%) for all orders entered into TCSES, based upon random samples to be reviewed by the State. The size of the random samples reviewed, as well as the accuracy of the orders contained in the samples, shall be at the sole discretion of the State. The Contractor shall provide a CAP within sixty (60) days of the date of each letter from the State specifying that the required accuracy rate stated above was not met and requesting a CAP. Each CAP submitted in accordance with this Section shall be subject to review and written approval by the State.

State Disbursement Unit. The Contractor shall ensure, to every extent possible, that all support payments are made by the Obligor directly to the SDU or refer the Obligor to the payment options as listed on the State’s Child Support Payment Information webpage https://www.tn.gov/humanservices/for-families/child-support-services/child-support-payment-information/paying-child-support.html, so that the State may comply with the distribution provisions of Title IV-D. The Contractor shall not collect any support monies.

Information on Custodial Parents. The Contractor shall establish a routine procedure to ensure that demographic and address information for the custodial parent remains current to ensure that notices or payments that are mailed using United States Postal Service are sent to the most current confirmed address. Without limitation, the Contractor shall:

Work with other state agencies or vendors to obtain information needed; and Contact custodial parents using the most recent confirmed phone number.

Intergovernmental Cases. The Contractor shall cooperate with other states in matters concerning Intergovernmental IV-D cases as required by 45 C.F.R. § 303.7, and the State’s Child Support Policy and Procedures. Such cooperation shall include, but not be limited to, providing accurate and sufficient information to other states, notifying responding states of changes in case status, and providing all appropriate establishment and enforcement procedures and notifications as required by 45 C.F.R. § 303.7. The Contractor shall incorporate the use of the federal EDE process using the OCSE application for the exchange of all documents with States currently operating using the EDE application.

Re-Entry Program Services. The Contractor shall respond to all requests from and assist the DHS Re-entry Team with customers that are justice-involved.

Status. The Contractor shall immediately respond to the State IV-D agency’s Central Office on any requests for case status information. The Contractor shall ensure that the response required in this Section A.33. shall contain sufficient information regarding the status of the case to permit the State to reply to the inquiring party in an effective manner.

Automated Case Records.

The Contractor shall use TCSES as the exclusive computer system to establish and maintain complete automated case records as required in the Child Support Policy and Procedures Manual for all referrals from DHS to the Contractor and other applications for Title IV-D services. The Contractor shall ensure that all case records include, but are not limited to, the following information:

A record of all contact with an applicant or TANF recipient, including date, reason and result of the contact;

A record of all contact with the non-custodial parent, including date, reason and result of such contact;

A record of all actions taken to meet the Minimum Performance Standards set forth in Section A.9.a.-e. of this Contract, including dates and results of such actions;

A record of all communications with the State or federal government on the case; and A record of all case closures, including the date and reason for closure action.

Case Files. The Contractor shall maintain, in hard copy, a signed application from each non-TANF applicant. The Contractor shall retain in hard copy other items deemed necessary by the State, including but not limited to court orders, other pertinent legal documents, and correspondence. All physical case files shall be identified using a naming convention of last name, first name of the primary parties. Both automated and hard copy case files, including, but not limited to, all client records and records related to case activities, shall be considered the property of the State of Tennessee and shall be delivered immediately to the State or its designee upon Contract termination or at such other time as these are requested by the State. All case files shall also be converted and maintained to a format acceptable to the State so there is an electronic copy of all case files. The Contractor shall give each case file a unique identifier which corresponds to one (1) open IV-D case. The Contractor shall ensure every document within the case file is numbered using a unique identifier. The Contractor shall create a master list or database detailing: 1) each case file’s unique identifier; and 2) the unique identifiers for the corresponding documentation in every case file. The master list or database shall be in a format deemed acceptable by the State for reference so that the case files remain complete. The Contractor shall ensure that retention of case files, as described in Section A.35. of this Contract, is followed as outlined in the State's Child Support Policies and Procedures.

Electronic Filing. The Contractor shall comply with electronic filing requirements if available and established by the Court and shall advise the State of any changes in court filing requirements or other procedures of any jurisdiction impacting the provision of services under this Contract.

TCSES Due Dates. Unless the State directs otherwise in writing, the Contractor shall resolve all TCSES-generated mail messages according to TCSES due dates.

Employer-Related Activities. The Contractor shall perform all appropriate TCSES employer-related activities that connect the appropriate employer(s) of the non-custodial parent for purposes of income assignment by the TCSES message due date, including but not limited to working with the State’s Centralized Service Unit and the State’s New Hire Reporting and maintenance contractor.

TCSES Worker Alerts. The Contractor shall ensure that TCSES worker alerts are resolved by the TCSES due dates, and that suspended payments are reviewed and resolved within five (5) business days except in those instances where…