§ 110-129.1. Additional powers and duties of the Department. - North Carolina Statutes

§ 110‑129.1.  Additionalpowers and duties of the Department.

(a)        In addition toother powers and duties conferred upon the Department of Health and HumanServices, Child Support Enforcement Program, by this Chapter or other Statelaw, the Department shall have the following powers and duties:

(1)        Upon authorizationof the Secretary, to issue a subpoena for the production of books, papers,correspondence, memoranda, agreements, or other information, documents, orrecords relevant to a child support establishment or enforcement proceeding orpaternity establishment proceeding. The subpoena shall be signed by theSecretary and shall state the name of the person or entity required to producethe information authorized under this section, and a description of theinformation compelled to be produced. The subpoena may be served in the mannerprovided for service of subpoenas under the North Carolina Rules of CivilProcedure. The form of subpoena shall generally follow the practice in theGeneral Court of Justice in North Carolina. Return of the subpoena shall be tothe person who issued the subpoena. Upon the refusal of any person to complywith the subpoena, it shall be the duty of any judge of the district court,upon application by the person who issued the subpoena, to order the personsubpoenaed to show cause why he should not comply with the requirements, if inthe discretion of the judge the requirements are reasonable and proper. Refusalto comply with the subpoena or with the order shall be dealt with as forcontempt of court and as otherwise provided by law. Information obtained as aresult of a subpoena issued pursuant to this subdivision is confidential andmay be used only by the Child Support Enforcement Program in conjunction with achild support establishment or enforcement proceeding or paternityestablishment proceeding.

(2)        For the purposes oflocating persons, establishing paternity, or enforcing child support orders,the Program shall have access to any information or data storage and retrievalsystem maintained and used by the Department of Transportation for driverslicense issuance or motor vehicle registration, or by a law enforcement agencyin this State for law enforcement purposes, as permitted pursuant to G.S. 132‑1.4,except that the Program shall have access to information available to the lawenforcement agency pertaining to drivers licenses and motor vehicleregistrations issued in other states.

(3)        Establish andimplement procedures under which in IV‑D cases either parent or, in thecase of an assignment of support, the State may request that a child supportorder enforced under this Chapter be reviewed and, if appropriate, adjusted inaccordance with the most recently adopted uniform statewide child supportguidelines prescribed by the Conference of Chief District Court Judges.

(4)        Develop proceduresfor entering into agreements with financial institutions to develop and operatea data match system as provided under G.S. 110‑139.2.

(5)        Develop proceduresfor ensuring that when a noncustodial parent providing health care coveragepursuant to a court order changes employers and is eligible for health carecoverage from the new employer, the new employer, upon receipt of notice of theorder from the Department, enrolls the child in the employer's health careplan.

(6)        Develop andimplement an administrative process for paternity establishment in accordancewith G.S. 110‑132.2.

(7)        Establish andimplement administrative procedures to change the child support payee to ensurethat child support payments are made to the appropriate caretaker when custodyof the child has changed, in accordance with G.S. 50‑13.4(d).

(8)        Establish andimplement expedited procedures to take the following actions relating to theestablishment of paternity or to establishment of support orders, withoutobtaining an order from a judicial tribunal:

a.         Subpoena the partiesto undergo genetic testing as provided under G.S. 110‑132.2;

b.         Implement incomewithholding in accordance with this Chapter;

c.         For the purpose ofsecuring overdue support, increase the amount of monthly support payments byimplementation of income withholding procedures established under G.S. 110‑136.4,or by notice and opportunity to contest to an obligor who is not subject toincome withholding. Increases under this subdivision are subject to thelimitations of G.S. 110‑136.6;

d.         For purposes ofexerting and retaining jurisdiction in IV‑D cases, transfer cases betweenjurisdictions in this State without the necessity for additional filing by thepetitioner or service of process upon the respondent.

(9)        Implement andmaintain performance standards for each of the State and county child supportenforcement offices across the State. The performance standards shall includethe following:

a.         Cost per collections.

b.         Consumersatisfaction.

c.         Paternityestablishments.

d.         Administrativecosts.

e.         Orders established.

f.          Collections onarrearages.

g.         Location of absentparents.

h.         Other relatedperformance measures.

TheDepartment shall monitor the performance of each office and shall implement asystem of reporting that allows each local office to review its performance aswell as the performance of other local offices. The Department shall publish anannual performance report that includes the statewide and local officeperformance of each child support office.

(b)        As used in thissection, the term "Secretary" means the Secretary of Health and HumanServices, the Secretary's designee, or a designated representative as definedunder G.S. 110‑129(5).  (1997‑433, s. 2; 1997‑443, s. 11A.122;1998‑17, s. 1; 2009‑451, s. 10.46.)