Section 465IAC1-1-6. Cancellation of cooperative agreement with the prosecuting attorney; notice; withholding of reimbursement; failure to take legal action

   (a) Either party to the cooperative agreement entered into between the department and the prosecuting attorney may cancel that agreement prior to its expiration date by giving the other party to the agreement advance notice of the intention to cancel the agreement. Such notice shall be in writing and shall be forwarded to the other party to the agreement sixty (60) days prior to the date the agreement will be canceled. Such notice shall contain the date of the intended cancellation and the reason therefor.

  (b) In the event the department gives the prosecuting attorney prior notice of its intention to cancel the cooperative agreement, the department shall have the right to withhold reimbursement funds due and owing to such prosecuting attorney on and after the date of intended cancellation.

  (c) No prosecuting attorney shall be subject to cancellation of the cooperative agreement for breach of the provisions in the agreement, which require him or her to take legal action to establish and enforce support obligations, unless the failure to take legal action in a particular case is clear abuse of discretion. (Department of Child Services; Title 2,Ch 7,Reg 2-708; filed Jan 6, 1977, 2:05 p.m.: Rules and Regs. 1978, p. 721; readopted filed Nov 14, 2001, 4:43 p.m.: 25 IR 1285; readopted filed Nov 27, 2007, 6:52 a.m.: 20071226-IR-465070551RFA; readopted filed Nov 26, 2013, 4:02 p.m.: 20131225-IR-465130459RFA; filed Oct 26, 2016, 1:50 p.m.: 20161123-IR-465160054FRA) NOTE: Transferred from the Division of Family Resources (470 IAC 2-5-7) to the Department of Child Services (465 IAC 1-1-6) by P.L.234-2005, SECTION 195, effective July 1, 2005.