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Administration for Children and Families US Department of Health and Human Services
The Office of Child Support Enforcement Giving Hope and Support to America's Children
[Code of Federal Regulations]
[Title 45, Volume 2, Parts 200 to 499]
[Revised as of October 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR302.85]
[Page 141-142]

TITLE 45--PUBLIC WELFARE AND HUMAN SERVICES

PART 302--STATE PLAN REQUIREMENTS

Sec. 302.85 Mandatory computerized support enforcement system.

     (a) General. The State plan shall provide that the State will have in effect a computerized support enforcement system:

     (1) By October 1, 1997, which meets all the requirements of Title IV-D of the Act which were enacted on or before the date of enactment of the Family Support Act of 1988, Pub. L. 100-485, in accordance with Secs. 307.5 and 307.10 of this chapter and the OCSE guideline entitled ``Automated Systems for Child Support Enforcement: A Guide for States.'' This guide is available from the Child Support Information Systems Division, Office of State Systems, ACF, 370 L'Enfant Promenade, SW., Washington, DC 20447; and

     (2) By October 1, 2000, which meets all the requirements of title IV-D of the Act enacted on or before the date of enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104-193, in accordance with Secs. 307.5 and 307.11 of this chapter and the OCSE guideline referenced in paragraph (a)(1) of this section.

     (b) Waiver--(1) Request for waiver. The State may apply for a waiver of any condition for initial approval of an APD in Sec. 307.15(b) of this chapter, or any system functional requirement in Sec. 307.10 of this chapter, by the submission of a request for waiver under Sec. 307.5 of this chapter.

     (2) Basis for granting waiver. The Secretary will grant a State a waiver if a State demonstrates that it has an alternative approach to APD requirements or an alternative system configuration, as defined in Sec. 307.1 of this chapter, that enables the State, in accordance with part 305 of this chapter, to be in substantial compliance with all other requirements of this chapter; and either:

     (i) The waiver request meets the criteria set forth in section 1115(c)(1), (2) and (3) of the Act; or

     (ii) The State provides written assurances that steps will be taken to otherwise improve the State's Child Support Enforcement program.

[57 FR 47002, Oct. 14, 1992, as amended at 61 FR 67241, Dec. 20, 1996; 63 FR 44814, Aug. 21, 1998]