State Plan Package Renewal and Preprint Page Revisions
ATTACHMENT: State Plan page 2.6, Provision of Services in Interstate and Intergovernmental IV-D Cases
State Plan page 3.10, Notice of Collection of Assigned Support
OCSE-21-U4 (State Plan Transmittal Form)
DATE: April 1, 2005
TO: State Agencies Administering Child Support Enforcement Plans under Title IV-D of the Social Security Act and Other Interested Individuals
SUBJECT: Notice of State Plan Package Renewal; Revision of the Title IV-D State Plan Preprint: Submission of State Plan Page 2.6 to indicate compliance with Federal requirements on Provision of Services in Interstate and Intergovernmental IV-D Cases; Technical change to State Plan Page 3.10, Notice of Collection of Assigned Support; and modification of State Plan Transmittal Form OCSE-21-U4.
ATTACHMENT: There are three attachments: State Plan page 2.6, Provision of Services in Interstate and Intergovernmental IV-D Cases; State Plan page 3.10, Notice of Collection of Assigned Support; and OCSE-21-U4 (State Plan Transmittal Form).
BACKGROUND: Sections 452, 454, and 466 of the Social Security Act (the Act) outline the requirement for submission of a State Plan and Plan amendments for the Child Support Enforcement program. Title III of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193, made a number of amendments to sections 454 and 466 of the Act, requiring States to either establish new or modify existing procedures, which are reflected in the State Plan.
Section 455(f) of the Act, added by PRWORA, and amended by section 5546 of the Balanced Budget Act of 1997, authorizes direct funding of Tribal Child Support Enforcement programs.
As a condition of receiving Federal financial participation, the State IV-D agency must submit an approvable State Plan describing the nature and scope of its Child Support Enforcement program. The State Plan consists of the preprinted State Plan pages and any related attachments; and contains all information necessary for the Office of Child Support Enforcement (OCSE) to determine whether a State Plan can be approved.
CONTENT: In accordance with the Paperwork Reduction Act of 1995, OCSE must ask the Office of Management and Budget (OMB) for approval of the entire State Plan. On December 1, 2004, OMB approved the State Plan for three years, including changes to: Section 2, Support Enforcement; Section 3, General Program Administration; and modification of State Plan Transmittal Form OCSE-21-U4.
Section 2, Support Enforcement: Has been modified to reflect a substantive change to State Plan Page 2.6, Provision of Services in Interstate and Intergovernmental IV-D Cases. The final rule for the Tribal Child Support Enforcement program was published in the Federal Register on March 30, 2004 (69 FR 16638). 45 CFR 302.36 details State Plan requirements for States to cooperate with other States in interstate IV-D cases. With the publication of the Tribal Rule, 45 CFR 302.36 was modified to require cooperation with Tribal IV-D programs. The State must extend the full range of services available under its IV-D plan to all Tribal IV-D programs, including promptly opening a case where appropriate. States must submit page 2.6 no later than August 31, 2005 along with a completed State Plan Transmittal Form (OCSE-21-U4) to the appropriate ACF Regional Administrator attesting to compliance with the requirements set forth on the page.
Section 3, General Program Administration: Has been modified to reflect technical changes to two regulations cited in State Plan Page 3.10, Notice of Collection of Assigned Support. State Plan Page 3.10 has been revised by deleting “§232.11” and by adding “section 408(a)(3) of the Act.” In addition, “§302.54(b)” has been changed to “§302.54(a)” and “§302.54(c)” has been changed to “§302.54(b).” States must submit a new State Plan Page 3.10 only if the State’s procedure or State law for providing Notice of Collection of Assigned Support has changed.
OCSE-21-U4, State Plan Transmittal Form: Has been modified to reflect changes issued in AT-00-10 that deleted language requiring both multiple copies of the form and more than one original signature of the State agency official. This form can be used in place of the original carbon transmittal form. Information for submitting the transmittal form can be found in AT-00-10.
RELATED REFERENCES: AT 04-01, AT 04-05, AT 02-03, AT-00-10, PIQ 04-01; OCSE-21-U4
ACTION REQUIRED: Submit State Plan page 2.6 no later than August 31, 2005; submit State Plan Page 3.10 only if the State’s procedures or State law for providing Notice of Collection of Assigned Support have changed.
INQUIRES TO: ACF Regional Administrators
David H. Siegel
Office of Child Support Enforcement
cc: Tribal IV-D Directors