Dear Colleague (DCL-95-07)

ACF/Office of Child Support Enforcement

Change in Expedited Processes Exemption Requirements

                                             DC-9507
January 27, 1995
                               
TO ALL STATE IV-D DIRECTORS

Dear Colleague:

This is to alert you to a change in the process for requesting an
exemption from expedited processes requirements as a result of
the publication of the final regulation on paternity
establishment in the Federal Register on December 23, 1994 (59 FR 
66204; OCSE-AT-94-06).  The final regulation implements, among
other things, changes to 466(a)(2) of the Social Security Act
(the Act) made by the Omnibus Budget Reconciliation Act of 1993
(OBRA '93)[P. L. 103-66].  

Section 466(a)(2) of the Act requires that procedures under which
expedited processes are in effect under the State judicial system
or under State administrative processes for obtaining and
enforcing support orders must now extend to procedures for
establishing paternity.  The statute directs that "expedited
processes" are to be determined in accordance with regulations of
the Secretary.

Under final rules issued May 9, 1985, implementing the Child
Support Amendments of 1984, the term "expedited processes" was
defined as administrative or expedited judicial processes or both
which increase effectiveness and meet processing times and "under
which the presiding officer is not a judge of the court".  In
reevaluating this rule, in light of the OBRA '93 statutory
change, we focused on the importance of case processing
timeframes.  With inclusion of paternity establishment in
expedited processes, we believed it necessary to remove the
prohibition against the use of judges as presiding officers. 
Currently, most States use judges as presiding officers in the
majority of contested paternity cases.  With the regulatory
change, Federal regulations at 303.101(a) now define "expedited
processes" as administrative or expedited judicial processes, or
both, which increase effectiveness and meet processing
timeframes.  This change is designed to emphasize meeting
timeframes for completion of case activities rather than imposing
restrictions on who may be presiding officials in child support
cases.  

As a result, there is no longer a need to request an exemption in
order for a judge to serve as the presiding official.  Current 
exemptions allowing political subdivisions or judicial districts
to use judges as part of expedited processes are, by virtue of
this regulation, rendered obsolete.  However, all jurisdictions,
including those which use judges, will be subject to audit
scrutiny to determine if they are meeting the required expedited
processes timeframes and will be subject to possible penalty if
they fail to meet case processing timeframes.    

This change gives States more flexibility while still achieving
the desired outcome--expeditious processing of cases.  States
have the option of using their existing judicial system or
administrative processes for handling paternity establishment
matters, as well as establishment and enforcement of child
support orders as long as actions are performed in an effective
and timely manner.  This revision is not meant to encourage
States to abandon or not implement quasi-judicial or
administrative processes.  Rather, States may need to reconsider
their present decision-making process in order to meet the new
expedited process timeframes.  We strongly urge States with
administrative and quasi-judicial procedures to continue using
such procedures.

To the extent that this changes instructions in OCSE-AT-88-19,
such instructions relating specifically to exemptions to use
judges are no longer applicable.  We will be considering and
evaluating the need for additional revisions to the process and
instructions for obtaining exemptions from State law requirements
under Title IV-D.

If you have any questions, or need additional information please
contact Marilyn R. Cohen, OCSE Division of Policy and Planning,
370 L'Enfant Promenade, S.W., 4th floor, Washington, D.C. 20447,
(202) 401-5366.

                                        Sincerely,




                                        David Gray Ross
                                        Deputy Director
                                        Office of Child Support
                                             Enforcement

cc:  ACF Regional Administrators
     Child Support Program Managers, Regions I-X