The OCR’s Billing and Payment Procedures
The OCR oversees attorneys who provide best interest representation to Colorado’s children. In order to be eligible for payment from OCR, an attorney must be properly appointed by a judicial officer. A properly appointed attorney is either:
- An attorney who is currently on the approved OCR list for that case type and that judicial district, OR
- An attorney not on the list who the OCR has specifically approved to take a certain case. You must receive confirmation of your appointment from OCR before you may take the case.
If you are not on the OCR list and you do not have approval from this agency to take a case, we will not process payment.
IF AN ATTORNEY IS NOT ON THE OCR LIST OR IS PRE-APPROVED TO TAKE THE CASE BY OUR OFFICE, PAYMENT WILL NOT BE PROCESSED REGARDLESS OF WHAT THE COURT SAYS.
In order to receive payment, all attorneys must have a completed Form W-9 with either OCR or another state agency. The TIN number on this form (Social, EIN, etc.) will be the one used to report income to the IRS. All attorneys during a given calendar year will receive a 1099 from the state.
ALL ATTORNEYS MUST SUBMIT THEIR BILLS TO THE OCR WITHIN 90 DAYS OF THE EARLIEST DATE OF BILLED ACTIVITY.
As of November 1, 2009, we will require that all new appointments be input into the Electronic Bill Pay System within 48 business hours of the time you are notified of that appointment. This will enable OCR to have an accurate case count each month. We will use this information to better monitor our budget and be proactive as trends develop. We need to know as far in advance as possible if we will not meet our projected budget. That allows us to work to secure additional funding in a more timely way than what we experienced last fiscal year.
Feel free to contact our staff with any questions.
RATES (as of January 1, 2009)
Type Amount
All Attorney Time $65/hour
Paralegal Time $25/hour
Mileage $.50/mile
Copies $.10/copy
OCRWEB BILLING SYSTEM
The OCR maintains a web-based billing system that allows attorneys or their support staff to enter time directly into our database. All attorneys on the approved list must submit their time in this manner. The system allows two methods of billing:
- EZPay allows users to enter their time directly into the OCRWEB system. This method is completely paperless and, other than receipts for any reimbursements over $25, no documentation is required.
- Summary allows attorneys to enter a summary of work done on an electronic form. The attorney must then submit an itemized hourly bill to OCR detailing the time worked along with a print out of the summary page attached. This method is for those who do not wish to enter all their detailed time directly into OCRWEB.
Attorneys may use either method to bill. See the OCR Web User's Guide for more information on OCRWEB and how to obtain a password.
BILLING DOCUMENTATION REQUIRED
OCR’s attorney payments are general funded and paid exclusively from taxpayer dollars. As such, the agency must maintain the highest level of accountability for the expenditure of these funds. Consequently, all attorneys must account for all time billed to the state. This can be done either electronically or by a detailed paper bill mailed to OCR. OCR does not accept fax copies of billings.
ATTORNEY TIME
All attorney time, including wait time and travel time is paid at the state hourly rate. This rate is currently $65/hour.
PARALEGAL TIME
OCR allows attorneys to use paralegals to perform appropriate tasks. Attorneys may bill paralegal time at the rate of $25/hour.
MILEAGE REIMBURSEMENT
The state’s mileage rate is indexed to the federal rate and increases every year on January 1. The rate for calendar year 2008 is $.50/mile. For those using the SUMMARY payment method, all mileage claimed for reimbursement must be included on the hourly bill submitted to OCR.
CASE TYPES
OCR is only appropriated to pay for the following case types and related appeals:
- Title 19- Dependency and Neglect
- Title 19- Juvenile Delinquency
- Title 19- Other Matters (support, adoption, paternity, etc)
- Title 14- Domestic Relations
- Title 15- Probate
- Title 22- Education (Truancy)
- Title 27- Mental Health
INDIGENCY
Indigency is required by law for:
- Domestic Relations cases under Title 14 and
- Paternity cases under Title 19 (unless the GAL is pointed for a MINOR Respondent Parent).
If both parties are indigent, OCR will pay 100% of the bill. It one party is indigent, the OCR will pay 50%. Information on documentation required for these case types can be found in the OCR Web User's Guide.
As required by C.R.S. 14-10-116, the OCR is not authorized and cannot pay when parties are not indigent. Consequently, the OCR is not authorized to reimburse for services pending a determination of indigency. The OCR has no authority to collect reimbursement on behalf of the state.
**OCR will not process payment for nunc pro tunc. Indigency must be determined at time of appointment.
DISCOVERY
The OCR will pay for financial investigation or discovery.
EXCESS FEES
New Maximum fees that have been established by the OCR for each case type are as follows:
- Title 19- Dependency and Neglect: $2,870
- Title 19- Juvenile Delinquency: $750
- Title 19- Other Matters (support, adoption, paternity, etc): $500
- Title 14- Domestic Relations: $1,000
- Title 15- Probate: $1,000
- Title 22- Education (Truancy): $500
- Title 27- Mental Health: $500
- All Appeals: $1,000
Once a case reaches these thresholds, no further billings will be allowed unless pre-approved by OCR. Attorneys using the billing system must submit their request electronically. Attorneys who are no longer on the list may submit the form OCR300.
You must have OCR approval before exceeding the excess fee thresholds. Failure to do so may result in OCR refusing to approve payments.
EXPERTS
The courts do not have jurisdiction to order that the OCR pay expert fees. The OCR will pay for experts only in limited circumstances with prior approval. The maximum hourly fee payable to an expert is $100. Attorneys using the billing system must submit their request electronically. Attorneys who are no longer on the list may submit the form OCR300.
You must have OCR approval before hiring an expert. Failure to do so may result in OCR refusing to approve payments.
OCR will pay the expert directly. Upon approval by OCR, please submit the invoice to Sheree Coates for payment.
Additional details regarding billing for experts are detailed below.
Custody Evaluations
The OCR will not pay for custody evaluations under any circumstances. These expenses are the responsibility of Social Services.
Interpreters
The OCR will pay for language interpreters with preapproval. Note that interpreters for courtroom proceedings are the responsibility of the State Court Administrator’s Office, not OCR. The OCR is responsible for interpreters for home visits and other out-of-court activities of the GAL.
Interpreters will be paid at the state rate of $25 for non-certified and $30 for certified individuals.
Interpreters are requested the same as experts above.
Investigators
Investigator fees will only be approved in very limited circumstances. The maximum hourly fee for investigators is $25 per hour. Investigators may be requested as any other expert.
Transcript Fees
The OCR will pay for transcript fees as appropriate. Transcript fees will not be approved in lieu of attending a court proceeding. Transcript fees may be requested as any other expert expense.
Travel
Reimbursement for attorney travel depends upon the type of travel as noted below.
Ordinary Travel Time
Time for travel to or from court, home visits, staffing, etc. is billed at the standard attorney rate and must be reflected in the billings submitted to OCR. Paralegal travel is billed at the paralegal rate.
Extraordinary or Out-of-State Travel
Travel out-of-state or over 100 miles one-way requires pre-approval from OCR. As with all expenses, courts do not have jurisdiction to order reimbursement from the OCR. Attorneys using the billing system must submit their request electronically. Attorneys who are no longer on the list may submit the form OCR400.
You must have OCR approval before traveling. Failure to do so will result in OCR refusing to approve payments.
All air travel will be arranged through Adams County Travel at 303.457.1997. The OCR will provide contact information as well as meal and hotel rates.
CHANGE OF ADDRESS
In order to ensure attorneys receive payment from the state, it is essential that change of address requests be submitted promptly to OCR. In order for the state to process an address change, we must receive either a completed change of address form or notice of the change on letterhead. Failure to do so may result in a delay of payment since the USPS will not forward state checks, but returns them to a centralized state facility, not OCR.
FORMS
(Travel related to a specific case needs to be submitted via the web pay program, NOT with an OCR 500 form. That form is used for other office travel, such as speaking at a conference or training).