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Revision to State Plan Preprint Pages Reflecting CSE Amendments of 1984

AT-85-11

Published: July 9, 1985
Information About:
State/Local Child Support Agencies
Topics:
Federal Reporting, State Plan
Types:
Policy, Action Transmittals (AT)

PLAN PREPRINT

ACTION TRANSMITTAL

OCSE-AT-85-11

July 9, 1985

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT

ENFORCEMENT PLANS APPROVED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Revisions to the Title IV-D State Plan Preprint

CONTENT: This action transmittal contains new and revised title IV-D State plan preprint pages and related instructions reflecting the changes made by P.L. 98-378, the Child Support Enforcement Amendments of 1984, to the State plan provisions of title IV-D of the Social Security Act. The instructions are divided into the following three categories:

  • State plan preprint pages for the required laws and procedures to improve program effectiveness prescribed in section 3 of P.L. 98-378;
  • State plan preprint page for requesting a delay in implementing the required laws and procedures to improve program effectiveness prescribed in section 3 of P.L. 98-378; and
  • State plan preprint pages for other provisions in P.L. 98-378.

SUPERSEDED MATERIAL: Pages 2.1-1, 2.5-1, 3.3-1, and Table of Contents, pages ii and iii, transmitted by OCSE-AT-82-11, dated September 21, 1982.

INQUIRIES TO: OCSE Regional Representatives

Deputy Director

Office of Child Support Enforcement

Instructions

Section 3 of P.L. 98-378 adds a new section 454(20) to the Social Security Act (the Act) which requires States to have in effect laws and procedures as listed in section 466 of the Act. Section 3 and the implementing regulations at 45 CFR 302.70 add several requirements to the IV-D State plan. Other provisions in P.L. 98-378 also require additions and revisions to the State plan. This instruction covers the changes to the State plan preprint as follows:

  • State plan preprint pages for the required laws and procedures to improve program effectiveness prescribed in section 3 of P.L. 98-378;
  • State plan preprint page for requesting approval of a delay in implementing the required laws and procedures to improve program effectiveness prescribed in section 3 of P.L. 98-378; and
  • State plan preprint pages for other State plan provisions in P.L. 98-378.

I. Pages 2.12-1 through 2.12-8, Procedures to Improve Program Effectiveness.

Section 466 of the Act and the implementing regulations at 45 CFR 302.70 require States to have laws in effect to implement the following required procedures beginning October 1, 1985:

  • Withholding of amounts from wages of individuals to satisfy support obligations (45 CFR 302.70(a)(1) and 303.100, page 2.12-1);
  • Establishing and enforcing support orders by expedited processes (45 CFR 302.70(a)(2)and 303.101, page 2.12-2);
  • Obtaining overdue support from State income tax refunds (45 CFR 302.70(a)(3) and 303.102, page 2.12-3);
  • Imposing liens against real and personal property for amounts of overdue support (45 CFR 302.70(a)(4) and 303.103, page 2.12-4);
  • Establishing paternity up to at least the child's 18th birthday (45 CFR 302.70(a)(5), page 2.12-5);
  • Requiring the absent parent to give security, post a bond or give some guarantee to secure payment of overdue support (45 CFR 302.70(a)(6) and 303.104, page 2.12-6);
  • Making available to consumer reporting agencies, at their request, information regarding the amount of support owed by an absent parent if the amount is more than $1000 (45 CFR 302.70(a)(7) and 303.105, page 2.12-7);
  • Including a provision for wage withholding in non-IV-D child support orders issued or modified in the State (45 CFR 302.70(a)(8) and 303.100(h), page 2.12-8).

Section 466(d)of the Act and the implementing regulations at 45 CFR 302.70(d) provide that the Secretary, HHS may grant an exemption from enacting any of these required procedures to a State that demonstrates that compliance would not increase the effectiveness and efficiency of the State's child support enforcement program. The instructions for applying for an exemption have been transmitted by OCSE-AT-85-5, dated May 3, 1985.

Action Required: States must check the appropriate boxes on pages 2.12-1 through 2.12-8 and submit the pages to the appropriate Regional Office with a completed transmittal notice form (OCSE-21-U4). Page 2.12-2, Expedited Processes, requires a list of political subdivisions as ATTACHMENT 2.12-2A, if the State is granted an exemption for political subdivision(s). States requesting an exemption(s) from a required procedure(s) must wait for a decision by the Secretary before submitting the page(s).

II. Page 2.12, Procedures to Improve Program Effectiveness-- Request(s) for Delay in implementation.

Under section 3(g)(3) of P.L. 98-378, if a State demonstrates to the Secretary, HHS, that State legislation is required to conform the State plan to one or more of the requirements of section 466 of the Act, a delay based on the need for legislation may be granted.

Action Required: States may request approval of a delay in implementation of one or more of the requirement(s) of section 466 of the Act and the implementing regulations at 45 CFR 302?70 by completing State plan preprint page 2.12. States must submit the legal basis for the delay, including references to all applicable State laws and appellate court decisions, as an attachment.

States that wish to postpone the effective date of the required procedure(s) must indicate when implementation will take place. The date indicated must be no later than the beginning of the fourth month beginning after the close of the first session of the State's legislature which ends on or after October 1, 1985. The statute defines a session of a State's legislature as including any regular, special, budget or other session.

III. Changes to other State Plan Preprint Pages.

P. L. 98-378 made other revisions and additions to the 1.V-D State plan. Changes or additions to preprint pages are listed below:

  • Page 2.1-1, Establishing Paternity and Securing Support, is revised to implement the amended section 454(4)(B) of the Act and regulations at 45 CFR 302.31 which, effective October l, 1985, require the 1.V-D agency to collect support for a spouse (or former spouse) who is receiving AFDC from any person who is legally liable.
  • Pages 2.5-1 and 2.5-2, Individuals Not Otherwise Eligible for Paternity and Support Services, is revised to implement sections 454(6)(B), (C), and (D)of the Act and implementing regulations at 45 CFR 302.33, as follows:

a) Until October l, 1985, the 1.V-D agency may charge an application fee to individuals who apply for services and must indicate whether it does so.

b) Beginning October l, 1985, the IV-D agency must charge an application fee to individuals who apply for services or indicate that a delay based on the need for legislation is necessary.

c) The 1.V-D agency must indicate that the application fee is a flat dollar amount not to exceed $25, or a fee that is uniformly applied on a statewide basis according to a fee schedule, which must be based on the applicant's income.

d) The 1.V-D agency must indicate whether the State allows the jurisdiction that collects support for the State to retain any application fees collected.

e) The IV-D agency must indicate whether costs incurred in excess of fees collected to cover administrative costs are: not recovered; recovered from the individual who owes the support obligation; or recovered from the individual who applies for services. If recovered from the applicant, the IV-D agency must indicate whether it seeks reimbursement from the individual who owes a support obligation in order to repay the applicant.

f) The IV-D agency must indicate whether it takes an assignment of support rights from an Individual who applies for services.

The final regulations that implement these provisions were published on September 19, 1984 (OCSE-AT-84-10).

o Page 2.13-1, Incentive Payments to States and Political Subdivisions, is added to implement the new section 454(22) of the Act, revised section 458 of the Act and regulations at 45 CFR 302.55 which, effective October l, 1985, mandate a new system under which States will receive incentive payments based on collections for AFDC families versus the State's administrative costs and collections for non-AFDC families versus the State's administrative costs. In addition, the Act and regulations provide for incentives to those political subdivisions that financially participate in the program.

  • Page 3.3-1, State Statutes, is revised to implement the amended sections 454(4)(B) and (6) of the Act and regulations at 45 CFR 302.31, which require collection of spousal support when it is included in the order, effective October l, 1985.
  • Page 3.9-1, Publicizing the Availability of Support Enforcement Services, is added to implement section 454(23) of the Act and regulations at 45 CFR 302.30. This provision requires States to regularly and frequently publicize the availability of support enforcement services through public service announcements, effective October l, 1985.
  • Page 3.10-1, Notice of Collection of Assigned Support, is added to implement revised section 454(5) of the Act and regulations at 45 CFR 302.54. Effective October l, 1985, this provision requires the IV-D agency to send, annually, a notice of the amount of support collected to current AFDC recipients and to former AFDC recipients for whom an assignment of support is still in effect.
  • Page 3.11-1, Guidelines for Setting Child Support Obligations Within the State, is added to implement section 467 of the Act and regulations at 45 CFR 302.56. This provision requires that, as a condition for approval of its State plan, a State must establish guidelines for setting child support obligations within the State and make these guidelines available to all officials who have the power to determine child support awards. These guidelines are to be included as an attachment to the State plan. Section 467 and the implementing regulations are effective October l, 1987 but States are encouraged to consider appropriate guidelines as soon as possible.
  • 3.12-1, Payment of Support through the IV-D Agency or Other Entity, is added to implement the optional provision at section 466(c) of the Act and regulations at 45 CFR 302.57. Under this provision, effective October l, 1985, States may have in effect and use procedures for the payment of support through the 1.V-D agency or the entity designated by the State to administer the State's withholding system at the request of either the absent parent or custodial parent.
  • Pages ii and iii, Table of Contents, are revised to reflect the changes to the State plan preprint?

Action Required: States must fill in the attached pages and submit them with a completed transmittal notice form (OCSE-21-U4) to the appropriate Regional Representative as quickly as possible.

STATE PLAN

CHILD SUPPORT ENFORCEMENT PROGRAM

(TITLE 1.V-D)

TABLE OF CONTENTS

Section l SINGLE STATE AGENCY ORGANIZATION

1.1 Designation, Authority, Organization and Staffing

1.2 Statewide Operation

Section 2 SUPPORT ENFORCEMENT

2.1 Establishing Paternity and Securing Support

2.2 Support Obligation

2.3 Formula for Support Obligation

2.4 Collection and Distribution of Support Payments

2.5 Individuals Not Otherwise Eligible

2.6 Cooperation with Other States

2.7 Parent Locator Service

2.8 Medical Support Activities

2.9 Federal Tax Refund Offset

2.10 Withholding of Unemployment Compensation

2.11 Procedures for the Imposition of Late Payment Fees on Past-Due Support

2.12 Procedures to Improve Program Effectiveness

2.13 Incentive Payments to States and Political Subdivisions

Section 3 GENERAL PROGRAM ADMINISTRATION

3.1 Cooperative Arrangements

3.2 Reports and Maintenance of Records

3.3 State Statutes

3.4 Standards for an Effective Program

3.5 Nondiscrimination

3.6 Bonding of Employees

3.7 Separation of Cash Handling and Accounting Functions

3.8 Computerized Support Enforcement System

3.9 Publicizing the Availability of Support Enforcement Services

3.10 Notice of Collection of Assigned Support

3.11 Guidelines for Setting Child Support Obligations Within the Stat?

3.12 Payment of Support Through the IV-D Agency or Other Entity

Section 4 FINANCIAL ADMINISTRATION

4.1 Fiscal Policies and Accountability

4.2 State Financial Participation

Section 5 STATE PLAN ADMINISTRATION

5.1 Plan Amendments

5.2 State Governor's Review

TN# Approval Date Effective Date

ii

ATTACHMENTS

*1.1A Organization and Staffing of the IV-D Agency

2.3A Formula for Determining Amount of Support Obligation

*2.5A Application Fees Charged to Individuals Who Are Not Otherwise Eligible for Services

2.8A Cooperative Agreement Between IV-D Agency and State Medicaid Agency

2.12A Procedures to Improve Program Effectiveness

2.12-2A List of Political Subdivisions Granted an Exemption

3.1A List of Cooperative Agreements

*3.3A List of Statutes and Regulations

*3.5A Nondiscrimination

*3.6A Bonding Arrangements Approved by the State IV-D Agency

*3.11A Guidelines for Setting Child Support Obligations

(*indicates that an attachment is required)

TN# Approval Date Effective Date

iii

State

SECTION 2 SUPPORT ENFORCEMENT

Citation 2.1 Establishing Paternity and Securing Support

§454(4) 1. The IV-1) agency undertakes to establish of the Act; paternity and secure support in accordance

45 CFR with 45 CFR 302.31 and section 454(4)(A)

302.31 of the Act.

2. Effective October l, 1985, the 1.V-D agency undertakes to secure support for a spouse (or former spouse) who is receiving aid under the State title IV-A plan from any person who is legally liable for such support in accordance with 45 CFR 302.31 and section 454(4 )(B).

3.The 1.V-D agency undertakes to establish paternity and secure support without involving the caretaker relative, if the 1.V-A or 1.V-E agency determines, under 45 CFR 232.49, that good cause exists but that support enforcement may proceed without the participation of the caretaker relative.

4.The IV-A agency has elected to count retained support payments as income under 45 CFR 233.20(a)(3)(v), and the IV-D agency notifies the IV-A agency whenever it discovers that directly received payments are being, or have been, retained; or

The IV-D agency recovers the retained support payments in accordance with 45 CFR 303.80.

TN# Approval Date Effective Date

2.1-1

Citation

§454(6) of 2.5Individuals Not Otherwise Eligible for Paternity and Support Services

1.The support and paternity determination services established under this plan are made available to any individual not receiving assistance under the Aid to Families with Dependent Children (AFDC) or title IV-E foster care programs who files an application for services with the IV-D agency.

2. Until October 1, 1985, an application fee is charged each individual who applies for services under this section.

[ ] NO

[ ] YES, and the fee is established in accordance with 45 CFR 302.33(c)(1) and described in ATTACHMENT 2.5A.

3. Beginning October 1, 1985, an application fee will be charged for IV-D services under this section.

[ ] YES

[ ] YES, as of , which is no later than the beginning of the fourth month after the end of the first session of the State's legislature which ends on or after October 1, 1985. The legal basis for the delay in charging an application fee under this section is described in ATTACHMENT 2.5B.

(a) Any application fee charged is:

[ ] a flat dollar amount not to exceed $25 and described in ATTACHMENT 2.5C; or

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

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

the Act; and 45 CFR 302.33(a)

State

Citation 2.5Individuals Not Otherwise Eligible for Paternity and Support Services

(c)The State recovers the application fee from the absent parent in accordance with 45 CFR 302.33(c)(2)(ii).

[ ] YES [ ] NO

§454 of the Act; (d)The State allows the

45 CFR 302.33(c)(2)(v)jurisdiction that collects support for the State under this plan to retain any application fees collected under this section.

[ ] YES [ ] NO

45 CFR 302.33(d) 4.Any costs incurred in excess of any fees collected to cover administrative costs under the State plan in providing services are:

[ ] not recovered; or

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

[ ] recovered from the individual who has filed an application for IV-D services under this section in accordance with 45 CFR 302.33(d).

The State seeks reimbursement from the individual who owes a support obligation and repays the applicant in accordance with 45 CFR 302.33(d)(4).

[ ] YES [ ] NO

45 CFR 302.33(e) 5.The IV-D agency takes an assignment of support rights from an individual who applies for services under this section in accordance with 45 CFR 302.33(e).

[ ] YES [ ] NO

TN# Approval Date Effective Date 2.5-2

State

Citation 2.12Procedures to Improve Program Effectiveness -- Request(s) for Delaying Implementation

§454(20) & 466 State legislation is required to comply with one or more of the of the Act; requirements in 45 CFR 302.70 specified below. The State's legal & §302.70 basis for requesting a delaying implementation for each of these requirements is contained in Attachment 2.12A. The date the State will implement each delayed procedure is indicated below.

[ ] 1.Procedures for Wage or Income Withholding in accordance with §303.100.

Implementation date:

2. Expedited Processes in accordance with §303.101. Implementation date:

3.C ollection of Overdue Support by State Income Tax Refund Offset in accordance with §303.102.

Implementation date:

4. Procedures for the Imposition of Liens Against Real and Personal Property in accordance with §303.103.

Implementation date:

5. Procedures for Paternity Establishment in accordance with §302.70(a)(5).

Implementation date:

6. Procedures for Posting Security, Bond or Guarantee to Secure Payment of Overdue Support in accordance with §303.104. Implementation date:

7. Procedures for Making Information Available to Consumer Reporting Agencies in accordance with §303.105. Implementation date:

8. Procedures for Inclusion of a Wage Withholding Provision in All Support Orders ?:sued or Modified in the State in accordance with §303.100(h).

Implementation date:

A delay based on the need for legislation is not required for any of the above provisions.

TN# Approval Date Effective Date

2.12

State

Citation 2.12 Procedures to Improve Program Effectiveness

§ 454(20) and 4166 1. Wage or Income Withholding.

of the Act

§302.70(a)(1) The IV-D agency has procedures for carrying out a

program of wage withholding in accordance with

§303.100.

The IV-D agency has procedures for carrying out a program of withholding from forms of income other than wages.

YES

[ ] NO

The State is exempt from the advance notice requirements in accordance with §303.100(b)(2).

The Secretary has granted the State an exemption from wage withholding in accordance with §303.100. The exemption period is from to

.

TN# Approval Date Effective Date

2.12-1

State

Citation 2.12 Procedures to Improve Program Effectiveness

§454(20) and 466 2. Expedited Processes.

of the Act

§302.70(a)(2) The IV-D agency has expedited procedures in

accordance with §303.101 ?s described below:

Administrative procedures

[ ] Expedited judicial procedures

[ ] Both administrative and expedited judicial procedures

The 1.V-D agency's expedited processes includes paternity establishment.

[ ] YES

NO

The Secretary has granted the State an exemption(s) from expedited processes in accordance with §303?101 for the political subdivisions listed in ATTACHMENT2.12-2A? The list includes the exemption period for each political subdivision?

TN# Approval Date Effective Date

2.12-2

State

Citation 2.12 Procedures to Improve Program Effectiveness

§454(20) and 466 3. Collection of Overdue Support by State Income Tax

of the Act Refund Offset.

§302.70(a)(3)

The IV-D agency has procedures for obtaining overdue support from State income tax refunds in accordance with §303.102.

The Secretary has granted the State an exemption from collection of overdue support by state income tax refund offset in accordance with §303.102. The exemption period is from to .

TN# Approval Date Effective Date

2.12-3

State

Citation 2.12 Procedures to Improve Program Effectiveness

§454(20) and 466 4. Imposition of Liens Against Real and Personal

of the Act Property.

302.70(a)(4)

The 1.V-D agency has procedures for the imposition of liens against the real and personal property of absent parents who owe overdue support in accordance with §303.103.

The Secretary has granted the State an exemption from imposition of liens against real and personal property in accordance with §303.103. The exemption period is from to .

TN# Approval Date Effective Date

2.12-4

State

Citation 2.12 Procedures to Improve Program Effectiveness

§454(20)and 466 5. Paternity Establishment.

of the Act

§302.70(a)(5) [ ] T,he IV-D agency has procedures for

establishment of paternity for any child at least

up to the child's 18th birthday?

The Secretary has granted the State an exemption from paternity establishment in accordance with §302.70(a)(5). The exemption period is from to

.

TN# Approval Date Effective Date

2.12-5

State

Citation 2.12 Procedures to Improve Program Effectiveness

§454(20) and 466 6. Posting Security, Bond or Guarantee to Secure

of the Act Payment of Overdue Support.

§302.70(a)(6)

The IV-D agency has procedures for posting security,

bond or giving some guarantee to secure payment of

overdue support in accordance with §303.104.

The Secretary has granted the State an exemption from posting security, bond or guarantee to secure payment of overdue support in accordance with §303.104. The exemption period is from

to .

TN# Approval Date Effective Date

2.12-6

State

Citation 2.12 Procedures to Improve Program Effectiveness

§454(20) and 466 7. Making Information Available to Consumer Reporting

of the Act Agencies.

§302.70(a)(7)

The IV-D agency has procedures for making absent

parent information on overdue support available to

consumer reporting agencies upon request, when the

amount is in excess of $1000 in accordance with

§303.105.

The IV-D agency has procedures for making absent parent information available to consumer reporting

agencies when the amount is less than $1000.

YES

NO

The Secretary has granted the State an exemption from making information available to consumerreporting agencies in accordance with §303.105. The exemption period is from to

.

TN# Approval Date Effective Date

2.12-7

State

Citation 2.12 Procedures to Improve Program Effectiveness

§454(20) and 466 8. Inclusion of a Wage Withholding Provision in All

of the Act Support Orders ?:sued or Modified in the State.

§302.70(a)(8)

{ ] ,1.he IV-D agency has procedures under which all child

support orders issued or modified in the State include

a provision for withholding from wages as a means of

collecting child support in accordance with

§303.100(h).

The Secretary has granted an exemption from Inclusion of a wage withholding provision in all support orders issued or modified in the State in accordance with §303.100(h). The exemption period is from

to .

TN# Approval Date Effective Date

2.12-8

State

Citation 2.13 Incentive Payments to States and Political

Subdivisions

§§454(22) and The ?'-D agency makes incentive payments in accordance

458(a) of the with §303.52.

Act;

45 CFR 302.55

TN# Approval Date Effective Date

2.13-1

State

Citation 3.3 State Statutes

§454(4)(B) ATTACHMENT 3.3A is a copy of all State statutes and

and (6) of regulations having the force of law, that establish procedures to

the Act; determine the paternity of a child born out of wedlock, to

45 CFR establish the child support obligation of a responsible parent, and

302.17 to enforce the support obligation, including spousal support, if

spousal support is included in the order.

TN# Approval Date Effective Date

3.3-1

State

Citation 3.9Publicizing the Availability of Support Enforcement Services

§454(23) of The IV-D agency publicizes regularly and frequently the

the Act; availability of support enforcement services in accordance with

45 CFR §302.30.

302.30

TN# Approval Date Effective Date

3.9-1

State

Citation 3.10 Notice of Collection of Assigned Support

§454(5) of the The IV-D agency annually sends a notice of support

Act; payments collected to individuals for whom an assignment

45 CFR 302.54 of rights exists under §232.11, in accordance with §302.54.

TN# Approval Date Effective Date

3.10-1

State

Citation 3.11Guidelines for Setting Child Support Obligations Within the State

§467 of the The 1.V?D agency has guidelines for setting child support

Act; obligations and procedures for making the guidelines

45 CFR 302.56 available to the public in accordance with §302.56.

ATTACHMENT 3.IIA is a copy of the guidelines.

TN# Approval Date Effective Date

3.11-1

State

Citation 3.12 Payment of Support through the 1.V-D Agency or Other Entity

§466(c) of the The IV-D agency has in effect and uses procedures for the

Act; payment of support through the State ?'-D agency or the

45 CFR 302.57 entity designated by the State to administer the State's

withholding system at the request of a parent, and monitors

all amounts paid and the dates of payment in accordance

with §302.57.

YES

NO

TN# Approval Date Effective Date

3.12-1