TO:State Agencies Administrating Child Support Enforcement Plans under Title IV-D of the Social Security Act and Other Interested Individuals
SUBJECT:Resubmission of State Plan Pages to Indicate Compliance with Intergovernmental Child Support Final Rule
ATTACHMENT: State Plan Preprint Page 2.6 State Plan Preprint Page 2.15
BACKGROUND:As a condition of receiving Federal Financial Participation, the state IV-D agency must have an approved state plan describing the nature and scope of its child support program that meets all federal requirements. The state plan consists of the preprinted state plan pages and any related attachments and contains all information necessary for the Office of Child Support Enforcement (OCSE) to determine whether a state plan can be approved.
States must resubmit plan pages 2.6 and 2.15 to certify compliance with intergovernmental child support regulations that were amended by a Final Rule published in the Federal Register on July 2, 2010 (75 FR 38612) and disseminated via OCSE-AT-10-06.
CONTENT: The following state plan pages and a completed transmittal notice form (OCSE-21-U4) must be resubmitted to the appropriate ACF Regional Office attesting to compliance with the requirements set forth on the page:
State plan page 2.6, Provision of Services in Interstate IV-D Cases, has been modified and must be resubmitted to certify that the State has implemented the revised regulations set forth in 45 CFR Parts 302.36 and 303.7, which revise previous interstate requirements to apply to case processing in all intergovernmental cases through use of the term "intergovernmental" in lieu of "interstate" and addresses state IV-D agency processing of interstate and intrastate cases, tribal IV-D cases under section 455(f) of the Social Security Act (the Act), and international cases under sections 454(32) and 459A of the Act. In addition, the title of the preprint has been changed to Provision of Services in Intergovernmental IV-D Cases to more accurately reflect the services that state IV-D agencies must provide.
State plan page 2.15, Annual State Self-Assessment Review and Report, has not been modified, but must be resubmitted to certify that the State has implemented the revised regulations set forth in 45 CFR 308.2(g), which expand the State self-assessment with respect to both initiating and responding state IV-D agencies concerning the provision of any information requested for a determination of controlling order and reconciliation of arrearages, and initiating state IV-D agencies’ responsibility to notify the responding state that it has closed its case pursuant to 303.(c)(11).
The effective date for the Intergovernmental Child Support Final Rule is January 3, 2011. A state must submit these pages by March 31, 2011 unless state legislation is necessary and the state has not completed its first regular session of the state legislature beginning after January 3, 2011. In the case of a state that has a two-year legislative session, each year of the session shall be considered to be a separate regular session of the state legislature. If the state has not completed its first such session, it must submit the pages no later than three months after the first day of the calendar quarter after the close of the session.
RELATED REFERENCES: Sections 452(a)(11), 454(9), 459A, and 454(15) of the Act, 45 CFR Parts 301, 302, 303, 305, and 308, AT-08-12, AT-10-06
ACTION REQUIRED: Resubmit State preprint pages 2.6 and 2.15 to the appropriate ACF Regional Office according to the instructions specified in this Action Transmittal.
INQUIRIES: ACF OCSE Regional Program Managers
Office of Child Support Enforcement