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Revisions to the Title IV-D State Plan Preprint to Indicate Compliance with Federal Requirements

AT-98-16

Published: April 28, 1998
Information About:
State/Local Child Support Agencies
Topics:
Federal Reporting, State Plan
Types:
Policy, Action Transmittals (AT)

PLAN PREPRINT

ACTION TRANSMITTAL

OCSE-AT-98-16

April 28, 1998

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 to Indicate Compliance with Federal Requirements; Revisions to the Child Support Program (Title IV-D) Table of Contents

ATTACHMENT: Attached are eight new and revised title IV-D State plan preprint pages. Six pages reflect the changes made to the State plan provisions of title IV-D of the Social Security Act by P.L. 105-33, the Technical Amendments to P.L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA). These pages supersede those issued by OCSE-AT-97-09. Also, attached is a new title IV-D State plan preprint page implementing PRWORA and a revised title IV-D State plan preprint page reflecting changes made by the final rule, Revisions for the President's Initiative, issued December 23, 1996 as OCSE-AT-96-09 (61 FR 67235).

The attachment consists of the following State plan preprint pages:

The following pages must be submitted no later than June 30, 1998.

Section 2.1, State Obligation to Provide Child Support Enforcement Services, is amended by removing paragraph 3 and renumbering paragraph 4 as paragraph 3.

Section 2.4, Collection and Distribution ofSupport Payments, is amended by adding: (1) paragraph 3(A) which provides for indicating that 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; and (2) paragraph 3(B) which provides for indicating that 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, amounts of support collected before October 1, 1998 shall be distributed pursuant to the ordering 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) with the exception of the $50 pass-through as in effect pursuant to section 457(b)(1) of the Act prior to PRWORA.

Section 2.5, Services to Individuals, is amended by revising the title and paragraph 3(a) to provide that an application, other request for services, or an application fee is not required 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; or former IV-A recipient.

Section 2.8, Medical Support Enforcement Activities, is amended by changing the citation in the second paragraph to 45 CFR 302.80 and removing the matter after the option, "yes."

Section 2.12, Procedures to Improve Program Effectiveness, is amended by revising section 2.12-16, State Law Authorizing Suspension of Licenses, by adding sporting licenses to the list of type of licenses which may be withheld, suspended or restricted and to the exemption provision.

Section 2.12, Procedures to Improve Program Effectiveness, is amended by revising section 2.12-20, Adoption of Uniform State Laws, by removing the requirement of the Act as in effect on August 22, 1996, including any amendments officially adopted as of such date; and adding the requirement of together with any amendment officially adopted before January 1, 1998 by the National Conference of Commissioners on Uniform State Laws in accordance with 167466(f).

Section 3.16, Cooperation by Applicants for and Recipients of Assistance, is amended by: 1) adding the food stamp program, as defined under section 3(h) of the Food Stamp Act of 1977(7 U.S.C. 2012(h) in the list of type of applicants or recipients; and 2) providing for indicating how good cause and other exceptions to cooperation are defined and applied by the State: for the IV-A program by either the IV-D agency or the IV-A agency; for the IV-E program by either the IV-D agency or the IV-E agency.

The following page must be submitted no later than December 31, 1998 or December 31, 1999, according to the option taken.

Section 3.14, Collection and Disbursement of Support Payments, is added to provide that effective October 1, 1998, the State agency operates a State disbursement unit in accordance with 167167454(27) and 454B; or effective October 1, 1999, the State, which as of August 22, 1996, processed the receipt of child support payments through local courts, operates a State disbursement unit in accordance with 167167454(27) and 454B; or effective October 1, 1998, with the agreement of the Secretary, the State disbursement unit has been established and is operated by the linking of local disbursement units through an automated information network and providing employers with one location to which income withholding is sent, in accordance with 167454B(a)(3).

Also attached are pages ii, iii, iv, and v, Table of Contents, revised to reflect the changes to the State plan preprint.

Please note that page 3.17, Definitions for Collecting and Reporting Information, that was due to be submitted September 30, 1997, as indicated in AT-97-09 is no longer delayed. It may be approved using current definitions. The definitions that will be developed by the Definitions Workgroup will be effective October 1, 1998 and placed in effect October 1, 1999.

APPROVAL OF STATE PLAN

States must submit these pages no later than June 30, 1998, December 31, 1998 or December 31, 1999, as specified above, along with a completed transmittal notice form (OCSE-21-U4) to the appropriate ACF Regional Administrator attesting to compliance with the requirements set forth on the page.

SUPERSEDED MATERIAL: Table of Contents, pages ii and iii, transmitted by OCSE-AT-9709, dated July 17, 1997; and pages 2.1, 2.4, 2.5, 2.8, 2.12-16, 2.12-20, and 3.16.

ACTION REQUIRED: Submit these pages no later than June 30, 1998, December 31, 1998 or December 31, 1999, as specified above. (In cases where legislation is needed, States must submit this page before the end of the first calendar quarter beginning after the close of the first regular State legislative session that begins after August 22, 1996. In the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature).

INQUIRIES TO: ACF Regional Administrators

__________________________
David Gray Ross /s/
Commissioner
Office of Child Support
Enforcement

STATE PLAN CHILD SUPPORT ENFORCEMENT PROGRAM (TITLE IV-D)

TABLE OF CONTENTS

Section 1 - SINGLE STATE AGENCY ORGANIZATION

1.1 Designation, Authority, Organization and Staffing

1.2 Statewide Operation

Section 2 - SUPPORT ENFORCEMENT

2.1 State Obligation to provide Child Support Enforcement Services

2.2 Support Obligations

2.4 Collection and Distribution of Support Payments

2.5 Services to Individuals

2.6 Provision of Services in Interstate IV-D Cases

2.7 Parent Locator Service

2.8 Medical Support Enforcement Activities

2.9 Federal Tax Refund Offset

2.10 Withholding of Unemployment Compensation

2.11 Procedures for the Imposition of Late Payment Fees

2.12 Procedures to Improve Program Effectiveness

2.12-1 Income Withholding

2.12-2 Expedited Administrative and Judicial Procedures by Collection of Overdue
Support

2.12-3 State Income Tax Refund Offset

2.12-4 Liens

2.12-5 Paternity Establishment

2.12-6 Posting Security, bond, or Guarantee to Secure Payment of Overdue Support

2.12-7 Reporting Arrearages to Credit Bureaus

2.12-8 Inclusion of a Wage Withholding Provision in All Support Orders Issued/Modified in the States

TN#__________Approval Date____________Effective Date__________

ii
 

2.12-8B Immediate Wage Withholding in all Child Support Orders Initially Issued in the States on or after January 1,1994

2.12-9 Requirement to Prohibit Retroactive Modification of Support Arrearages

2.12-10 Review and Adjustment of Child Support Order Upon Request

2.12-11 Full Faith and Credit for Determination of Paternity

2.12-12 Access to Records for Location

2.12-13 Collection and Use of Social Security Numbers for Use in Child Support Enforcement

2.12-14 Administrative Enforcement in Interstate Cases

2.12-15 Work Requirements for Persons Owing Past Due Child Support

2.12-16 State Law Authorizing Suspension of Licenses

2.12-17 Financial Institution Data Matches

2.12-18 Enforcement of Orders Against Paternal or Maternal Grandparents of Children of Minor Parents

2.12-19 Enforcement of Orders for Health Care Coverage

2.12-20 Adoption of Uniform State Laws

2.12-21 Laws Voiding Fraudulent Transfers

2.13 Incentive payments to States and Political Subdivisions

2.14 Rights to Notification of Hearings

2.15 Federal and State Reviews and Audits

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

3.8-1 Computerized Support Enforcement System 10/1/91

3.8-2 Computerized Support Enforcement System 10/1/97

3.8-3 Computerized Support Enforcement System 10/1/00

TN#________________Approval date_____________Effective Date__________

iii
 

3.9 Publicize Availability of Child Support Services

3.10 Notice of Collection of Assigned Support

3.11 Guideline for Setting Child Support

Obligations Within the State Agency or Other Entity

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

3.13 Privacy Safeguards

3.14 Collection and Disbursement of Support Payments

3.15 State Directory of New Hires

3.16 Cooperation by Applicants for and Recipients of Assistance

3.17 Definitions for Collecting and Reporting Information

3.18 Denial of Passports for Non-Payment of Child Support

3.19 Request for Services by a Foreign Country

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

ATTACHMENTS

*1.1A Organization and Staffing of IV-D Agency

*2.5A Application Fees Charged to Individuals Not Receiving IV-A or Foster Care

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

2.12-2A List of Exemption(s) from Expedited Process

2.12-5A Paternity Establishment

2.12-9A Statute or Court Ruling to Prohibit Retroactive Modification of Child Support Obligation

TN#____________Approval date___________Effective Date__________

iv
 

*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_______

v

State _____________________


 

Citation 167:454(4) of the Act

2.1 State Obligation to Provide Child Support Enforcement Services

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 ___________________________
 

 

Citation

167454(11) and 457 of the Act

2.4 Collection and Distribution of Support Payments

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.

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, amounts of support collected before October 1, 1998 shall be distributed pursuant to the ordering rules as in effect on the day before the date of enactment of the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA) (Pub. L. 104-193) with the exception of the $50 pass-through as in effect pursuant to section 457(b)(1) of the Act prior to PRWORA.

[ ] Yes

[ ] No

TN#________________Approval Date____________Effective Date_____________

2.4

 

State _____________________


 

Citation 167454(6) of the Act

2.5 Services to Individuals

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

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

2.(a) The application fee charged to an individual who files an applicationfor 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)(1)(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.

(c) The State recovers the application fee from the non-custodial parent in accordance with 45 CFR 302.33(c)(1)(ii).

[ ] YES [ ] NO

TN#__________Approval Date__________Effective Date__________

2.5-1
 

 

State ____________________
 

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

2.5Services to Individuals

(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

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 an IV-A, IV-E, or title XIX recipient; or required by the State agency pursuant to subsection (l) or (m) of section 6 of the Food Stamp Act of 1977; or former IV-A recipient.

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

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 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.

TN#__________Approval Date__________Effective Date__________

2.5-2

State _____________________


Citation

167453(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

[ ]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____________________


Citation

167452(f) of the Act; 45 CFR 302.80

2.8 Medical Support Enforcement Activities

The IV-D agency performs required medical support enforcement activities, including petitioning for health insurance, in accordance with 45 CFR 303.30 and 303.31.

The IV-D agency performs optional medical support enforcement activities under a cooperative agreement with the State Medicaid agency in accordance with 45 CFR 302.80.

[ ] No

[ ] Yes

TN#_________Approval Date_________Effective Date_________

2.8-1

State__________________


 Citation

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

2.12 Procedures to Improve Program Effectiveness

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_______________


 Citation

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

2.12 Procedures to Improve Program Effectiveness

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____________________


Citation

167167454(27) and 454B of the Act

3.14 Collection and Disbursement of Support Payments

[ ] Effective October 1, 1998, the State agency operates a State disbursement unit in accordance with 167167454(27) and 454B.


[ ]Effective October 1, 1999, the State, which as of August 22, 1996, processed the receipt of child support payments through local courts, operates a State disbursement unit in accordance with 167167454(27) and 454B.

or

[ ] Effective October 1, 1998, with the agreement of the Secretary, the State disbursement unit has been established and is operated by the linking of local disbursement units through an automated information network and providing employers with one location to which income withholding is sent, in accordance with 167454B(a)(3).

TN#__________Approval Date_____________Effective Date____________

3.14

State___________________


Citation 167454(29) of the Act

3.16 Cooperation by Applicants for and Recipients of Assistance

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).

Good cause and other exceptions to cooperation are defined and applied; at the option of the State

for the IV-A program by:

[ ] IV-D agency
[ ] IV-A agency

for the IV-E program by:

[ ] IV-D agency
[ ] IV-E agency

for the XIX agency by:

[ ] IV-D agency
[ ] XIX agency

TN#___________Approval Date__________Effective Date__________

 

3.16
###