Notice of Open Comment Period – Standard Intergovernmental Forms

DEAR COLLEAGUE LETTER

DCL-15-12

DATE: August 4, 2015

TO: ALL STATE IV-D DIRECTORS

RE: Notice of Open Comment Period — Standard Intergovernmental Forms

ATTACHMENT:  Proposed Intergovernmental Forms and Summaries.zip (ZIP) (2.72 MB)

Dear Colleague:

Since enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193), section 466(f) of the Social Security Act has required a state to enact the Uniform Interstate Family Support Act (UIFSA). Section 311(b) of UIFSA requires that a petition and accompanying documents conform substantially with the standard intergovernmental forms mandated by federal law, and 45 CFR 303.7(a)(4) requires state child support agencies to use federally-approved forms in intergovernmental cases, unless a country has provided alternative forms included in an Office of Child Support Enforcement (OCSE) country-specific caseworker’s guide.

In July 2013, OCSE published a notice for public comment in the Federal Register to solicit comments on the intergovernmental forms, in compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995. We received numerous comments on the forms, almost all urging for changes. As an example, we received several comments to:

• reflect policy developments in critical areas such as protecting personal identifying information; and
• update for advancements in communication methods and other technology.

OCSE renewed the current intergovernmental forms in May 2014 without making changes to the forms. Because the intergovernmental forms have not been revised substantially since 2000 and extensive public comments requested revisions, OCSE convened a federal-state work group in 2014 to analyze options for revising the forms.

In addition, Public Law (P.L.) 113-183, the Preventing Sex Trafficking and Strengthening Families Act, passed in September 2014, requiring a state to enact any amendments to UIFSA “officially adopted as of September 30, 2008 by the National Conference of Commissioners on Uniform State Laws” (UIFSA 2008). In revising the intergovernmental forms, the work group sought to ensure that the proposed revisions to the forms comport with UIFSA 2008.  Also, to address modern family structures, such as a couple in a same-sex marriage, the work group changed terminology where practical e.g., establishing parentage instead of paternity.

Finally, in analyzing the forms, the work group balanced the need to update the forms with the impact any changes may have on state and federal systems. OCSE extends our sincere thanks to the state workgroup members who assisted OCSE in reviewing the comments and shared their expertise in recommending intergovernmental form changes.

In compliance with the requirements of section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Administration for Children and Families is soliciting public comment on the forms. As of August 4, 2015, a notice for public comment  (PDF) has been posted to the Federal Register in Volume 80, Number 149 on page 46286. We request that during the 60-day comment period you review the proposed forms and instructions. Please note that in addition to revisions to the existing intergovernmental forms, OCSE is proposing the addition of three new intergovernmental forms:  1) Personal Identifiable Information (PII); 2) Transmittal #1 — Initial Request Acknowledgment (formerly part of Transmittal #1 — Initial Request); and, 3) Child Support Agency Request for Change of Payment Location Only pursuant to UIFSA § 319(b). To assist you in providing public comments, the attached zipped file, Proposed Intergovernmental Forms and Summaries (ZIP), includes the proposed forms and summaries of the form changes.

Proposed Intergovernmental Forms

• Personal Identifiable Information (PII)
• Transmittal #1 — Initial Request
• Transmittal #1 — Acknowledgment
• Transmittal #2 — Subsequent Actions
• Transmittal #3 — Request for Assistance/Discovery
• Uniform Support Petition
• General Testimony
• Declaration in Support of Establishing Parentage
• Locate Data Sheet
• Notice of Determination of Controlling Order
• Letter of Transmittal Requesting Registration
• Child Support Agency Request for Change of Payment Location Only pursuant to  UIFSA § 319(b)

Please provide your comments and suggestions within the 60-day period that began August 4, 2015.

Following this comment period, we will review the comments, take them under consideration, and submit the revised forms to the Office of Management and Budget.

Sincerely,

Vicki Turetsky
Commissioner
Office of Child Support Enforcement

cc: ACF/OCSE Regional Program Managers
Tribal IV-D Directors