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Revised Instructions for Requesting an Exemption from the Mandatory Laws and Procedures in Section 466 (2007)


Published: August 24, 2007
Information About:
State/Local Child Support Agencies
Policy, Action Transmittals (AT)
Administrative/Judicial Processes



DATE: August 24, 2007

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

SUBJECT: Revised Instructions for Requesting an Exemption from the Mandatory Laws and Procedures in Section 466 of the Social Security Act.

BACKGROUND: The State plan provision at section 454(20) of the Social Security Act (the Act) requires States to have in effect and use the laws and procedures specified in section 466 to improve the effectiveness of child support enforcement programs. However, States may apply for an exemption from implementing one or more of these laws and procedures which may be approved if a State demonstrates to the satisfaction of the Secretary that the mandated law or procedure would not increase the efficiency or effectiveness of the State IV-D program “through the presentation to the Secretary of such data pertaining to caseloads, processing times, administrative costs, and average support collections, and such other data or estimates as the Secretary may specify.” [42 U.S.C. 666(d)]

CONTENT: This Action Transmittal establishes revised procedures States must follow when applying for an exemption and supersedes the instructions in OCSE-AT-97-02. The 1997 Action Transmittal, consistent with section 466(d) of the Act, identified “other data or estimates as the Secretary may specify” that were determined to be appropriate in 1997. The changes being made in this Action Transmittal to the guidance are based on 10 years of experience with State exemption requests, alternative State processes approved through the exemption process, and overall State program performance.

This document is organized as follows:

I. - Introduction - A list of the mandatory procedures in section 466 of the Act is provided so that States know which procedures are eligible for exemptions.

II. - Exemption Process and Material for Submittal

III. - Exemption Categories - This includes information regarding the three categories of exemptions and the instructions on the justification and documentation required as part of the application for these exemptions.

IV. - Revocation of Exemption or Disapproval of Request for Extension

V. - Certification of Implementation of Mandatory Procedures

SUPERSEDED MATERIAL: Action Transmittal OCSE-AT-97-02, dated February 10, 1997.

INQUIRIES: ACF OCSE Regional Program Managers

Margot Bean
Office of Child Support Enforcement

Attachment:   Requesting Exemption from Mandatory Child Support Enforcement Program Laws and Procedures Action Transmittal