Using the Intergovernmental Forms for Case Processing
POLICY INTERPRETATION QUESTIONS
DATE: February 13, 2020
TO: State and Tribal IV-D Directors
FROM: Scott M. Lekan, Commissioner, Office of Child Support Enforcement
SUBJECT: Using the Intergovernmental Forms for Case Processing
OCSE has received numerous inquiries regarding the OMB-Approved Standard Intergovernmental Child Support Enforcement Forms. These questions and answers address the most frequently asked questions.
Instructions and Document Requirements
Question 1: What is the Intergovernmental Forms Matrix and does it identify all the documents I need to include in every intergovernmental action?
Answer 1: OCSE’s Intergovernmental Forms Matrix identifies which federal intergovernmental forms to use when requesting a specific intergovernmental action under the Uniform Interstate Family Support Act (UIFSA). The matrix does not include every document that may be required in a specific intergovernmental request. The agency to which you are sending the request may have additional document requirements, depending on the case circumstances and the jurisdiction’s law. Before sending the intergovernmental request, check for any additional requirements by reviewing OCSE’s Intergovernmental Reference Guide, contacting the other agency, or both.
Question 2: Where can I find the instructions for completing the intergovernmental forms?
Answer 2: The instructions for completing each of the OMB-Approved Standard Intergovernmental Child Support Enforcement Forms are available on the OCSE website. Click on any of the forms, and find the instructions at the end of the document, except for the General Testimony where the instructions are in a separate document.
Child Support Agency Confidential Information Form and the Personal Information Form for UIFSA § 311
Question 3: What is the difference between the Child Support Agency Confidential Information Form and the Personal Information Form for UIFSA § 311?
Answer 3: The Child Support Agency Confidential Information Form is intended to safeguard the privacy of individuals and is for child support (IV-D) agency use only. It should not be filed with a tribunal or provided to the other party.
The Personal Information Form for UIFSA § 311 is intended to safeguard the privacy of individuals by providing a means to record the required UIFSA § 311 personal information on a separate document. The information in this form must be filed with the tribunal, unless accompanied by a nondisclosure finding/affidavit. Because the form contains personally identifiable information (PII), the form should not be filed in a public access file.
Question 4: When do I include the Personal Information Form for UIFSA § 311 and the Child Support Confidential Information Form in the packet of forms sent to another jurisdiction for an intergovernmental request?
Answer 4: The Child Support Agency Confidential Information Form should accompany an intergovernmental request that includes any of the following forms:
- Child Support Enforcement Transmittal #1 — Initial Request
- Request for a Change of Support Payment Location Pursuant to UIFSA § 319
- Letter of Transmittal Requesting Registration (if it is a IV-D case), and
- Child Support Enforcement Transmittal #3 if the IV-D case identifier or tribunal number in the assisting state is unknown.
In general, you will also need the form for most actions on the Child Support Enforcement Transmittal #2 — Subsequent Actions and the Child Support Enforcement Transmittal #3 — Request for Assistance/Discovery, since most of the identifying information has been removed from those forms.
The Personal Information Form for UIFSA § 311 must accompany any Child Support Enforcement Transmittal #1 that includes a petition to establish a support order, determine parentage of a child, or register and modify an order of another state or foreign country.
Question 5: If an intergovernmental packet includes multiple forms, does each form need its own separate copy of the Child Support Agency Confidential Information Form or the Personal Information Form for UIFSA § 311?
Answer 5: No, each form in the packet does not need a separate copy of the Child Support Agency Confidential Information Form or the Personal Information Form for UIFSA § 311. Where inclusion of the Child Support Agency Confidential Information Form or the Personal Information Form for UIFSA § 311 is appropriate, you only need to include one copy per intergovernmental packet.
Question 6: If there are more than three children in a case, should I complete a second Child Support Confidential Information Form to list the additional children?
Answer 6: If there are more than three children in a case, check the box “Additional Child(ren) Information Attached” and attach additional page(s) to the form. These additional page(s) are considered part of the Child Support Confidential Information Form.
Question 7: Are all of the fields on the Personal Information Form for UIFSA § 311 mandatory?
Answer 7: Information described in UIFSA § 311 must be provided “so far as known.”
Question 8: Is the Personal Information Form for UIFSA § 311 intended to be completed by the applicant, or by the IV-D agency on behalf of the applicant?
Answer 8: In IV-D cases, the Personal Information Form for UIFSA § 311 will usually be completed by the IV-D agency based on information in its system. However, this form is intended for use in both IV-D and non-IV-D cases since it provides information required by UIFSA to be in a petition. In non-IV-D cases, it will usually be completed by the petitioner or an attorney representing the petitioner.
Question 9: The Personal Information Form for UIFSA § 311, Section 3 has a box for:
“The child began residing in _____________ (state) on ____________ (month/year):”
What is the purpose of this information?
Answer 9: The information about the date the child began residing in his or her current state is not required by UIFSA § 311. However, this information is included on the form because, in certain circumstances, a tribunal may need to determine the child’s home state. UIFSA defines “home state” as the state or foreign country “in which the child lived with a parent or a person acting as parent for at least six consecutive months immediately preceding” the time of the filing of the petition or comparable pleading.
Letter of Transmittal Requesting Registration
Question 10: Has the “Registration Statement,” which was sworn before a notary, been replaced with the “Letter of Transmittal Requesting Registration,” which is not sworn?
Answer 10: Yes, the “Registration Statement” has been replaced by the “Letter of Transmittal Requesting Registration.” UIFSA no longer requires that an affidavit or form be sworn under oath before a notary. Rather section 316 of UIFSA provides for a document’s admissibility if given under penalty of perjury. Accordingly, the Letter of Transmittal Requesting Registration requires the party seeking registration, the IV-D representative, or the petitioner’s private attorney to sign the form, declaring that, “Under penalty of perjury, the information and facts stated in this Letter of Transmittal Requesting Registration are true to the best of my knowledge and belief.”
Nondisclosure of Information
Question 11: The Child Support Enforcement Transmittal #1 and the Personal Information Form for UIFSA § 311 both have a place to mark a Nondisclosure Finding, but the Child Support Agency Confidential Information Form does not. Why do the forms differ?
Answer 11: All three forms contain PII. However, the forms — and therefore the data — are used in different ways.
The Child Support Agency Confidential Information Form is used only between the IV-D agencies. It should not be provided to the tribunal or the other party. Because the information in the form is only disclosed to IV-D agencies, which are required to keep the PII confidential, there is no risk to the health, safety, or liberty of a party or child.
In contrast, the Child Support Enforcement Transmittal #1 may be filed with the tribunal, and the Personal Information Form for UIFSA § 311, or the information in that form, must be filed with the tribunal in all cases where there is a petition to determine parentage, establish a support order, or register and modify a support order of another state or foreign country.
Section 312 of UIFSA provides an exception to disclosure of PII in a petition if there is an affidavit or a pleading under oath that a party or child would be jeopardized by the disclosure of specific identifying information. For that reason, the Transmittal #1 and Personal Information Form for UIFSA § 311 include the check box to indicate to the responding IV-D agency and tribunal whether there is a nondisclosure finding or affidavit noting the presence of such exceptional circumstances.
Question 12: The top of the Letter of Transmittal Requesting Registration indicates it should not be filed in a public access file since the form contains address and SSN information. Why does this form include PII on the face of the form? On other intergovernmental forms, PII is not on the form itself but available on the accompanying Personal Information Form for UIFSA § 311.
Answer 12: Section 311 in UIFSA applies to a proceeding where the petitioner wants to determine parentage, establish a support order, or register and modify another state’s order. It lists information that must be in the petition or accompanying documents. The Personal Information Form for UIFSA § 311 provides the required information.
In contrast, section 602 of UIFSA governs procedures for registration of another state’s order for enforcement. One of the required documents is a letter of transmittal to the tribunal requesting registration and enforcement. Other required information is certain identifying information about the obligor, and the name and address of the obligee unless section 312 Nondisclosure of Information in Exceptional Circumstances applies. The Letter of Transmittal Requesting Registration complies with the information required by section 602.
Declaration in Support of Establishing Parentage
Question 13: If a relative is the child’s caretaker and the parent of the child is unavailable, can the relative complete the Declaration in Support of Establishing Parentage form?
Answer 13: Yes, on the Declaration in Support of Establishing Parentage, Instructions to Section 1, Item 1 provide: “Check whether you are the biological or nonbiological parent of the child and indicate your gender. . . . If you are not a parent of the child, check ’Other’ and explain your relationship to the child in section IV. For example, you may be a relative or caretaker of the child or a Foster Care or IV-D agency worker.” The relative may then sign the Declaration under Section V on the Petitioner line.
Question 14: May an agency complete the form in a Foster Care case when the parent is not available?
Answer 14: Yes, a Foster Care or IV-D agency representative may complete the form in a Foster Care case. As noted above, the agency representative should check “other” under Section 1, Item 1, for the question identifying the declarant as the parent of the child. The instructions further provide: “An agency or tribunal representative (such as a Foster Care or IV-D agency worker) may complete and sign the form if no parent or custodian is available or cooperative.” The agency representative may sign the Declaration under Section V on the line for agency or tribunal representative.
Transmission of Child Support Enforcement Transmittals and Documents
Question 15: When I send a request to open an intergovernmental case to another agency, using the Child Support Enforcement Transmittal #1 — Initial Request, which agency is responsible for generating the acknowledgment form?
Answer 15: The responding agency should generate the acknowledgment form, which is titled, Child Support Enforcement Transmittal #1 — Initial Request Acknowledgment. The acknowledgment form previously had been incorporated in the Transmittal #1 form, but it is now its own separate form. The purpose of the acknowledgment is for the responding agency to inform the initiating agency of receipt of the request and to ask for any additional information or forms that are needed to process the case. The responding agency must send the acknowledgment form within 10 business days, and may send it either through CSENet or the Electronic Data Exchange system (EDE), or by mail, if CSENet or EDE is not available.
Question 16: If I send a transmittal or other document through EDE, must I also send a hard copy of the documents by mail or other means?
Answer 16: No, if you send a transmittal or other type of document to another state through EDE, there is no need to send a duplicate document by mail or other means. For example, if you acknowledge receipt of a Transmittal #1 through EDE, also sending the Transmittal #1 — Acknowledgment form in a hard copy is duplicative and confusing to the initiating state.
Question 17: What form should I use if I want to request that another state forward payments to my state’s SDU, but I do not need the other state to open an Intergovernmental IV-D case?
Answer 17: To request another state forward payments without opening a responding intergovernmental case, you should use the Child Support Enforcement Transmittal #3 — Request for Assistance/Discovery. To make the request, check item 12, and provide the name and address (street, PO Box, city, state, and zip code) of your agency’s State Disbursement Unit (SDU) and the remittance ID for your case in your state.
Question 18: How do I make a request to redirect payments under UIFSA section 319?
Answer 18: To request UIFSA section 319 redirection, use the Child Support Agency Request for Change of Support Payment Location Pursuant to UIFSA § 319. This form is used by state agencies providing services to a custodial parent to request from the order-issuing state a change of payment location on the order, under certain limited circumstances. For information about UIFSA § 319 redirection, please see AT-17-07: Interstate Child Support Payment Processing.
Training and Resources
Question 19: What intergovernmental forms training resources are available?
Answer 19: On the OCSE Child Support Professionals page under “Training,” see training material on intergovernmental forms as well as interstate case processing.
INQUIRIES: Division of Policy and Training; firstname.lastname@example.org.