dcl9756.htm

DCL-97-56

September 11, 1997

TO: ALL STATE IV-D DIRECTORS

RE: Delay of Some State Plan Preprints issued July 17, 1997 (OCSE-AT-97-09)

Dear Colleague:

We would like to inform you to delay several State plan preprint pages that were recently issued. First of all, the Technical Amendments to PRWORA (P.L. 105-33) were approved August 5, 1997. The new requirements affected the following five State plans: Section 2.1, State Obligation to Provide Child Support Enforcement Services, Section 2.5, Services to Individuals Not Receiving Title IV-A or Title IV-E Foster Care Assistance, Section 2.12-16, State Law Authorizing Suspension of Licenses, Section 2.12-20, Adoption of Uniform State Laws, and Section 3.16 Cooperation by Applicants for and Recipients of Assistance. We issued the attached notice in the Federal Register on September 5, 1997 (62 FR 46978) to request comments on proposed revisions of these pages (which are also attached).

The Technical Amendments also affected Section 2.4, Collection and Distribution of Support Payments. This page has been revised (attached) and will be reissued, along with the previously mentioned five preprints, after approval by OGC and OMB. Please delay submission of these six preprints until their reissuance.

Second, Section 3.17, Definitions for Collecting and Reporting Information, is another preprint page that you should delay submission. This page must await the final results of the Definitions Workgroup that will report on the definitions required to approve this page. Please await receipt of these definitions before submitting the page.

If you have any questions, or need additional information please contact Marilyn R. Cohen, (202) 401-5366.

Sincerely,

_____________________
David Gray Ross /s/
Deputy Director
Office of Child Support
Enforcement

Attachments

State _____________________

2.1 State Obligation to Provide Child Support Enforcement Services

Citation
167454(4) of the Act;

1. The State provides services relating to establishment of paternity, the establishment, modification, or enforcement of child support obligations, as appropriate, in accordance with 167454(4)(A) of the Act.

2. The State enforces any support obligation with respect to a child with respect to whom the State provides services under the plan, or the custodial parent of such a child, in accordance with 167454(4)(B) of the Act.

3. The IV-D agency notifies the Medicaid agency that assigned medical support payments are being, or have been, retained by the non-IV-A Medicaid recipient.

TN#__________Approval Date__________Effective Date__________

2.1

State _____________________

2.5 Services to Individuals Not Receiving Title IV-A or Title IV-E Foster Care Assistance

Citation
167454(6) of the Act

1. Services under this plan are made available to residents of other States on the same terms as to residents of this State.

Citation
167454(6) of the Act;
45 CFR 302.33(c)

2. (a) The application fee charged to an individual who files an application for services is:

[ ] a flat dollar amount not to exceed $25 or such higher or lower amount as the Secretary may determine to be appropriate for any fiscal year to reflect increases or decreases in administrative costs, and described in ATTACHMENT 2.5A; or

[ ] an amount established in accordance with 45 CFR 302.33(c)(2)(iv)(B) and described in ATTACHMENT 2.5A.

(b) The State collects the fee from the individual applying for IV-D services or pays the fee out of State funds.

[ ] YES [ ] NO

TN#__________Approval Date__________Effective Date__________

2.5-1

State _____________________

2.5 Services to Individuals Not Receiving Title IV-A or Title IV-E Foster Care Assistance

Citation
167454 of the Act;
45 CFR 302.33(c)(2)(v)

(d) The State allows the jurisdiction that collects support for the State under this plan to retain any application fees collected under this section.

[ ] YES [ ] NO

Citation
167167454(4), and (25) and 457(c) of the Act;
45 CFR 302.33(a)(2) and (3)

3. The State does not:

(a) require an application, other request for services, or an application fee from any individual who is either a IV-A, IV-E or title XIX recipient; or required by the State to cooperate with the State agency pursuant to subsection (l) or (m) of section 6 of the Food Stamp Act of 1977.

(b) charge fees or recover costs from any non-IV-A Medicaid recipient.

Citation
167167454(6) and (25) of the Act;
45 CFR 302.33(a)(4)

4. When a family is no longer eligible for assistance under the IV-A, Medicaid, 45 CFR or title IV-E foster care program, the IV-D agency provides the family a notice regarding the continuation of IV-D services and continues to provide such services, in accordance with 167454(25) of the Act.

Citation
167454(6) of the Act;
45 CFR 302.33(d)

5. Any costs incurred in excess of any fees collected to cover administrative costs under the State plan in providing services are:

[ ] not recovered;

[ ] recovered from the parent who owes a support obligation to a non-IV-A family receiving services under this section in accordance with 45 CFR 302.33(d); or

TN#__________Approval Date__________Effective Date__________

2.5-2

State _____________________

Citation

2.5 Services to Individuals Not Receiving Title IV-A or Title IV-E Foster Care Assistance

[ ] recovered from either the former IV-A recipient; former Medicaid recipient; or former title IV-E foster care recipient or the individual who has filed an application for IV-D services, in accordance with 45 CFR 302.33(d).

The IV-D agency does not treat any amount collected from the individual as a recovery of costs except amounts which exceed the current support owed by the individual under the obligation.

The IV-D agency notifies, consistent with the cost recovery option selected, either the individual who is receiving IV-D services or the individual who owes a support obligation that such recovery will be made.

TN#__________Approval Date__________Effective Date__________

2.5-3

State_______________

2.12 Procedures to Improve Program Effectiveness

Citation
167167454(20) and 466(a)(16 and (d) of the Act

16. State Law Authorizing Suspension of Licenses

The IV-D agency has in effect laws requiring the use of procedures for authorizing withholding, or suspension or restriction of driver's licenses, professional and occupational licenses and recreational and sporting licenses in accordance with 167466(a)(16).

[ ] The Secretary has granted the State an exemption from the requirement for withholding, suspension, or restriction of driver's professional and occupational and recreational and sporting licenses in accordance with 167466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-16

State_______________

2.12 Procedures to Improve Program Effectiveness

Citation
167167454(20) and 466(f) and (d)
of the Act

20. Adoption of Uniform State Laws

On and after January 1, 1998, the State has in effect the Uniform Interstate Family Support Act, as approved by the American Bar Association on February 9, 1993, and as in effect on August 22, 1996, including any amendments officially adopted as of such date by the National Conference of Commissioners on Uniform State Laws in accordance with 167466(f).

[ ] The Secretary has granted the State an exemption from adoption of UIFSA in accordance with 167466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-20

State___________________

3.16 Cooperation by Applicants for and Recipients of Assistance

Citation
167454(29)
of the Act

The IV-D agency makes the determination and the redetermination as to whether an applicant or recipient for IV-A, IV-E, title XIX, or the food stamp program, as defined under section 3(h) of the Food Stamp Act of 1977(7 U.S.C. 2012(h)) is cooperating in good faith with the State in establishing paternity, or in establishing, modifying or enforcing a support order in accordance with 167454(29).

TN#__________Approval Date__________Effective Date__________

3.16

State ___________________________

2.4 Collection and Distribution of Support Payments

Citation
167454(11) and 457
of the Act

1. Amounts collected as support are distributed as provided in Section 457 of the Act.

2. Any payment required to be made to a family is made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child or children.

Citation
457(a)(6)

3.(A)Distribution of arrearages for former assistance cases are made pursuant to the ordering rules applicable to the period October 1, 1997 to September 30, 2000.

[ ] Yes

[ ] No

(B)Distribution of arrearages for former assistance cases are made pursuant to the rules applicable as of October 1, 2000, with the implementation date of October 1, 1998.

If the implementation date of October 1, 1998 is selected, the ordering rules to amounts collected before October 1, 1998 shall be made pursuant to the rules as in effect on the day before the date of enactment of the Personal Responsibility and Work Opportunity Act of 1996 (Pub. L. 104-193).

[ ] Yes

[ ] No

TN#_________Approval Date____________Effective Date_________

2.4

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[Federal Register: September 5, 1997 (Volume 62, Number 172)] [Notices]
[Pages 46978-46979]

From the Federal Register Online via GPO Access

[wais.access.gpo.gov]

[DOCID: fr05se97-92]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families

Proposed Information Collection Activity; Comment Request
Proposed Projects

Title: Revised Form OCSE-100, State Plan for Child Support Collection and Establishment of Paternity Under Title IV-D of the Social Security Act.

OMB No.: 0970-0017.

Description: The State plan preprint and amendments serve as a contract with OCSE in outlining the activities the States will perform as required by law in order for States to receive federal funds to meet the costs of these activities. Due to enactment of H.R. 2105, technical amendments for PRWORA, we are updating our State plan by revising 5 preprint pages. We are requesting approval of the revised State plan preprint pages for Section 2.1, Establishing Paternity and Securing Support, Section 2.5, Services to Individuals Not Receiving Title IV-A and IV-E Foster Care Assistance, Section 2.12-16 State Law Authorizing Suspension of Licenses, Section 2.12-20, Adoption of Uniform State Laws, and Section 3.16, Cooperation by Applicants for and Recipients of Part A Assistance. The information collected on the State plan pages is necessary to enable OCSE to monitor compliance with the requirements in Title IV-D of the Social Security Act and implementing regulations.

Respondents: States, Guam, Virgin Islands, Puerto Rico and the District of Columbia.

NOTE: Total Annual Burden Estimate not included. For information, contact Bob Sargis, Acting Reports Clearance Officer.