State Plan Preprint Page: Expedited Processes in the Omnibus Budget Reconcilation Act

OCSE ACTION TRANSMITTALS

State Plan Preprint for Expedited Processes

January 12, 1995

PLAN PREPRINT

ACTION TRANSMITTAL

OCSE-AT-95-01

January 12, 1995

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

SUBJECT: Revision to the Title IV-D State Plan Preprint;Submission of State Plan Page to Indicate Compliance with Federal Requirements for Expedited processes Contained in the Omnibus Budget Reconciliation Act of 1993

ATTACHMENTS: Attached is a new State plan preprint page which reflects changes made to the State plan provisions of title IV-D of the Social Security Act (the Act)by section 13721 of the Omnibus Budget Reconciliation Act of 1993 (Pub. L. 103-66) and as a result of issuance of final regulations implementing the Statute. This page must be submitted to the appropriate ACF Regional Administrator no later than March 31, 1995.

The attachment consists of:

Section 2.12, Procedures to Improve Program Effectiveness, amended to reflect changes made by the final regulations on paternity establishment, published in the Federal Register on December 23, 1994 (OCSE-AT-94-06) implementing section 13721 of the Omnibus Budget Reconciliation Act of 1993 (Pub. L.103-66).

Section 2 of Section 2.12 of the State plan provides that the State has procedures for expedited processes for paternity and support order establishment, effective December 23, 1994 or the statutory effective date. In accordance with the final rule issued December 23, 1994, which redefines expedited processes, there is no longer a need to obtain an exemption in order for a judge to serve as the presiding official.

Also attached is a revised Table of Contents for the title IV-D State plan.

APPROVAL OF STATE PLAN

States must submit page 2.12-2, expedited processes, along with a completed transmittal notice form (OCSE-21-U4) to the appropriate ACF Regional Administrator. State plan page 2.12-2, attesting to compliance with the requirements of the Omnibus Reconciliation Act of 1993 and implementing Federal regulations, must be submitted no later than March 31, 1995. However, in cases where legislation is needed, States must submit these pages before the end of the first calendar quarter beginning after the close of the first regular State legislative session which begins after August 10, 1993. In the case of a State that has a two-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

RELATED REFERENCES: OCSE-AT-94-06, issued December 23, 1994.

ACTION REQUIRED

Submit page 2.12-2 no later than March 31, 1995, or in cases where State legislation is needed, the end of the first calendar quarter beginning after the close of the first regular State legislature session which begins after August 10, 1993.

INQUIRIES TO: ACF Regional Administrators

                         ______________________________
                         David Gray Ross
                         Deputy Director
                         Office of Child Support
                             Enforcement
                    

State____________________

Citation 2.12

Procedures to Improve Program Effectiveness

454 (20) and 466 of the Act; 45 CFR 302.70(a)(2)and 45 CFR 303.101

2. Expedited Processes

The IV-D agency has expedited process procedures for paternity and support order establishment in accordance with 303.101 as described below:

[ ] Administrative Procedures

[ ] Expedited judicial procedures

[ ] Both administrative and expedited judicial procedures

466 of the Act

The State's expedited processes include paternity establishment.

[ ] The secretary has granted the State an exemption(s) from expedited processes in accordance with 303.101 for the political subdivisions list in ATTACHMENT 2.12-2A. The list includes the exemption period for each political subdivision.

TN#_________Approval Date__________Effective Date___________

2.12-2

STATE PLAN
CHILD SUPPORT ENFORCEMENT PROGRAM

(TITLE IV-D)

Table of Contents

TN#___________Approval Date____________Effective Date__________
                                ii

ATTACHMENTS

*1.2A        Organization and Staffing of the IV-D Agency

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

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

2.9A        Statute or Court Ruling to Prohibit
                    Retroactive Modification of Child Support
                    Arrearages

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

2.12-10-1A  Plan for the Review and Adjustment of Child 
                    Support Obligations

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____________

                                iii