Revised Instructions for Completing and Submitting the Preprinted State Plans and Amendments

ACTION TRANSMITTAL

OCSE-AT-81-28

DATE: November 5, 1981

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT, AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Revised Instructions for Completing and Submitting the Preprinted State Plans and Amendments for Child Support

REGULATION REFERENCE: 45 CFR Part 301

SUPERSEDED MATERIAL: Attachment 2 of OCSE-AT-75-02, dated June 26, 1975.

BACKGROUND: Since its inception in 1975, the Child Support Enforcement program under title IV-D of the Social Security Act has been altered in a number of ways. There have been organizational change at the Federal level, as well as the enactment of new statutory provisions and implementing regulations which affect the program. It is important for OCSE, therefore, to clarify the procedures regarding the proper submittal of State plan material by States so that they may appropriately amend their State plan as the need arises.

CONTENT: We have revised Attachment 2 to OCSE-AT-75-02, dated June 26, 1975 to provide updated instructions to State agencies for completing and submitting preprinted State plan material for the IV-D program. Except for minor editorial changes, sections I, II and V of the revised attachment, which basically cover the preparation of the original IV-D State plan and requests for assistance, remain unchanged. Section IIB, however, now also refers to Attachment 2.12-A as only being necessary if the "yes" box is checked. Sections III and IV have been changed for purposes of clarity.

ATTACHMENT: Revised Attachment 2 of OCSE-AT-75-02, dated June 26, 1975, Instructions to State Agencies for Completing and Submitting the Preprinted State Plans for Child Support

INQUIRIES TO: OCSE Regional Representatives

Deputy Director
Office of Child Support Enforcement

THE CHILD SUPPORT ENFORCEMENT PROGRAM (TITLE IV-D OF THE SOCIAL SECURITY ACT)

Instructions to State Agencies for Completing and Submitting the Preprinted State Plans and Amendments for Child Support

I. CONTENT AND FORMAT

The preprinted State plan consists of the basic text, plus attachments which are an integral part of the plan. The content of the basic text is primarily in the form of affirmative statements, each of which represents the State's commitment to comply with the requirements of the specified regulations. CFR references appear in the left margin.

For optional provisions and for requirements that provide choices, boxes ( [ ] ) are used. The State makes known whether it has picked up an option, or what choice it has made by checking the appropriate box.

A few blanks are provided for names of organizational units and for other items of specified information that are not uniform for all States.

Attachments provide information that is either:

1. Required by the statute or regulation, or
2. Necessary to give the agency adequate knowledge of program content and operation.

The attachments are coded to correspond to basic text sections to which they pertain. For example, if subsection 1.2 of the plan calls for an attachment, the latter is numbered 1.2-A. If it calls for more than one attachment, the others are to be numbered in sequence: 1.2-B, 1.2-C, etc. If an attachment contains information relating to two or more subsections, it is mentioned in each of those subsections.

Attachments must be submitted in approvable form and must be amended whenever necessary to keep them current. No material other than that specified is to be submitted as an attachment.

II. PREPARATION OF PLAN

A. Basic Text

1. Do not make any changes in the affirmative statements that represent the State's commitment to abide by established requirements.
2. Fill in the blanks with the appropriate names or other data.
3. Check all the "boxes" that are appropriate to the program as it operates in your State.

B. Attachments

Prepare all attachments required by your plan as they are called for in the text. Note that two attachments (2.12-A and 2.6-A) are necessary only if you have checked the "yes" box. Attachment 2.3A is necessary only if the State utilizes other than a court order in establishing child support. Attachment 3.1A is necessary only if the State has entered into cooperative agreements with courts and law-enforcement officials. All others, identified by asterisks in the table of contents, are required for all plans.

Attached to these instructions is a model heading for use in preparing all attachments. Enter the name of your State and the number and name of the attachment as it appears in the Table of Contents. Use as many pages as needed, identifying each page with the model heading. Number successive pages of each attachment as follows:

III. PREPARATION OF AMENDMENTS:

A. Required by Federal Action (e.g., publication of new or amended Federal regulations)

OCSE will prepare and distribute revised pages for use by State agencies in amending plans. Under normal circumstances, these will be distributed as soon as possible after the final regulations are issued. Distribution will be dictated by the need to provide revised preprint pages in order to allow States to meet effective dates contained in new legislation affecting State plan requirements. The State IV-D agency must fill in any blanks and check appropriate boxes on the revised pages and submit with any required attachments.

B. Required by State Action (e.g., State legislative changes or significant administrative action)

When there are State legislative changes or significant State administrative actions, the State IV-D agency shall initiate preparation of a plan amendment by updating an existing plan page or attachment. Attachments must be kept current and should be revised when their content is no longer valid. States are also required to officially submit deletions to the State plan when such deletions become necessary. If States revise an option, this change must also be officially submitted.

C. Revision Dates

In submitting amendments, the IV-D agency must enter the date of the revision to the right of the page number of each changed page. The earliest effective date that can be assigned is the first day of the quarter in which the approvable material was submitted and was in operation on a statewide basis. Approvable material includes attachments as well as preprinted pages.

IV. TRANSMITTAL OF PLANS AND AMENDMENTS

A. Governor's Review

Submit the plan or amendment to the Office of the State Governor for review and comment. The PCO-11 has a section for acknowledging the Governor's action. If other than the Governor of the State is authorized to review a State plan submittal, a copy of the delegation of authority from the Governor to his or her designee should be on file in the Regional Office. (Reference: 45 CFR 301.12 and Office of Management and Budget Circular A-95.)

B. Forward six completed, signed and dated copies of the State plan or amendment with six copies of any attachments to the Regional Office using six identically numbered, completed and signed copies of the transmittal notice form (PCO-11 attached). (Please note: Two copies must have original signatures.) The State should assign a number to the transmittal notice. If there is no number assigned to the PCO-11, the Regional Office will assign a number and communicate this number to the State IV-D agency.

V. REQUEST FOR ASSISTANCE

Send inquiries and requests for assistance in preparing and submitting plan material to the appropriate Regional Office of the Office of Child Support Enforcement.