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Distribution of Federally Approved Interstate Child Support Enforcement Form – Administrative Subpoena Form

AT-11-02

Published: March 18, 2011
Information About:
State/Local Child Support Agencies
Topics:
Case Management, Enforcement, Intergovernmental/Interstate
Types:
Policy, Action Transmittals (AT)
Tags:
Administrative/Judicial Processes, Lien and Levy

ACTION TRANSMITTAL

AT-11-02

DATE: March 18, 2011

TO: State Agencies Administering Child Support Enforcement Plans under the Title IV-D of the Social Security Act and Other Interested Parties

RE: Distribution of Federally Approved Interstate Child Support Enforcement Form – Administrative Subpoena Form

Attachment: Revised Administrative Subpoena form and instructions

Statutory Reference: 42 U.S.C. 652(a)(11), 42 U.S.C. 654(9)(E), and 42 U.S.C. 666(a)(4)

Background: Section 452(a)(11) of the Social Security Act requires the Secretary of Health and Human Services to promulgate administrative subpoena and notice of lien forms for use in interstate cases. The Federal Office of Child Support Enforcement developed the forms, which were effective October 28, 1997. The forms were last reviewed and published in 2008 with an expiration date of February 28, 2011.

DCL-10-06, dated April 13, 2010, provided information regarding how the child support enforcement community could provide comments during the most recent OMB review of the forms. We received approximately five sets of comments and incorporated several revisions into the forms and instructions based on the comments. These revisions are clarifying in nature; they do not impact the information collected on the forms nor the length of time required to complete them. OMB reauthorized the revised subpoena form and instructions until February 28, 2014.

Changes to Previous Form and Instructions:

Administrative Subpoena form

  • We revised a sentence on page one of the form to allow for use of electronic transmission of information. The revised sentence reads, "The information or documents may be sent by mail, fax, or any other means agreeable to the requesting agency, including electronic means."
  • We added instructions regarding using the form for requesting bulk records from a single source (e.g. requesting information from a cell phone company for numerous obligors). The new sentence at the end of the instructions for field number 2 reads, "If you are issuing an administrative subpoena to obtain bulk records for data matching purposes, you may issue one form accompanied by a list of the individuals about whom you are requesting information."

The revised Administrative Subpoena form and instructions are attached and are also available on the OCSE website.

Please note that the interstate notice of lien form is still under review. States should continue using the current notice of lien form until further notice.

Superseded Material: OCSE-AT-97-03, OCSE-AT-01-06, OCSE-AT-05-04

Inquiries To: OCSE Regional Program Managers

Sincerely,

Vicki Turetsky
Commissioner
Office of Child Support Enforcement

cc: Tribal IV-D Agencies