at-9709.htm

State Plan Preprint

PLAN PREPRINT

ACTION TRANSMITTAL

OCSE-AT-97-09

July 17, 1997

TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT

ENFORCEMENT PLANS APPROVED UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS

SUBJECT: Revisions to the Title IV-D State Plan Preprint;

Revisions to the Child Support Program (Title IV- D) Table of Contents

ATTACHMENT:Attached are new and revised title IV-D State plan preprint pages reflecting the changes made to the State plan provisions of title IV-D of the Social Security Act by P.L. 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 and P.L. 103-66, the Omnibus Budget Reconciliation Act of 1993. The attachment consists of the following State plan preprint pages:

The following pages must be submitted no later than September 30, 1997.

o Section 2.1, Establishing Paternity and Securing Support, is amended in several ways: (1) changes the title to "State Obligation to Provide Child Support Enforcement Services",

(2) removes mention of "title A" in paragraph 2; (3) removes paragraph 4 on retained support payments; and (4) changes "non-AFDC" to "non-IV-A" in new paragraph 4.

oSection 2.4, Collection and Distribution of Support Payments, is amended in several ways: (1) removes paragraphs 1, 2, 4 and 5; (2) adds new paragraph 1 that requires that amounts collected as support shall be distributed as provided in õ457 of the Act; and (3) revises paragraph 3 by removing citation to 45 CFR 302.32 and 302.51.

oSection 2.5, Services to Individuals Not Receiving Title IV-A or Title IV-E Foster Care Assistance, is amended by: (1) replacing AFDC in the title line with Title IV-A; (2) replacing paragraph 1 with a new paragraph which requires that services under this plan shall be made available toresidents of other States on the same term as to residents of this State; (3) revises the first option of paragraph 2(a) to specify a flat dollar amount not to exceed $25 or such higher amount or lower amount as the Secretary may determine to be appropriate for any fiscal year to reflect increases or decreases in administrative costs and described in ATTACHMENT 2.5A; (4) revises paragraph 2(c) by replacing "absent" with "noncustodial"; (5) revises paragraphs 3(a) and 4 by replacing "AFDC" with "IV-A"; (6) revises paragraph 3(b) by replacing "recover fees" with "recover costs"; (7) revises paragraph 5 by replacing "non-AFDC" with "non-IV-A" and "AFDC" with "IV-A" and replacing "recovered from the individual" with "recovered from the parent"; and replaces paragraph 6 with two new paragraphs; (8) requires that the IV-D agency shall not treat any amount collected from the individual as a recovery of costs except amounts which exceed the current support owed by the individual under the obligations; and (9) the IV-D agency notifies, consistent with the costs recovery option selected, either the individual who is receiving IV-D services or the individual who owes a support obligation that such recovery will be made.

oSection 2.6, Provision of Services in Interstate IV-D Cases, is amended in several ways: 1) replaces paragraph 1 with a paragraph that requires the State to cooperate with any other State in establishing paternity, locating a noncustodial parent residing in the State against whom action is being taken by another State's title IV-D program, securing compliance with an order for support, and carry out other functions; (2) adds paragraph 3 which requires the State to use forms for income withholding, imposition of liens and issuance of administrative subpoenas in interstate child support cases in accordance with õ454(9), no later than March 1, 1997; (3) adds paragraph 4 which specifies that the State agency where the interstate case originated notifies the individual receiving IV-D services of the States that recover costs in accordance with 45 CFR 302.33(d)(5); and (4) adds paragraph 5 which specifies that if the State elects to recover costs, the IV-D agency has notified the IV-D agencies, inall other States that it recovers costs from the individual receiving IV-D services in accordance with 45 CFR 302.33(d)(6).

o Section 2.12, Procedures to Improve Program Effectiveness, is amended by revising section 2.12-1 Wage or Income Withholding, in several ways: (1) deleting "wage or" from the title; (2) replacing the language with language specifying that the State has in effect laws requiring the use of procedures for income withholding in accordance with õ466(a)(1) and (b) of the Act and; (3) providing for indicating that the Secretary has granted the State an exemption from the requirement for wage or income withholding in accordance with õ466(d).

o Section 2.12-2, Procedures to Improve Program Effectiveness, is amended by revising section 2.12-2, Expedited Processes, in several ways: (1) by changing the title to "Expedited Administrative and Judicial Procedures"; (2) by revising paragraph 1 to provide that the State has laws requiring the use of expedited administrative and judicial procedures for establishing, modifying and enforcing support obligations in accordance with õ466(a)(2), and including rules and authority applicable to all proceedings to establish paternity, or to establish, modify, or enforce support orders, as specified under õ466(c)(2) of the Act; (3) by revising paragraph 3 to require that the State has laws giving the IV-D agency authority to take administrative actions specified in õ466(c)(1) of the Act, without the necessity of obtaining a court or administrative order and to recognize the authority of another State's IV-D agency to take such actions, and procedures for coordination with ERISA in accordance with õ466(c); and (4) revises the exemption paragraph by citing õ466(d) to replace õ303.101.

o Section 2.12, Procedures to Improve Program Effectiveness, is amended by revising section 2.12-4, Imposition of Liens Against Real and Personal Property, in several ways: (1) changing the title to "Liens"; (2) changing the first paragraph to specify that the State has in effect laws requiring the use of procedures under which liens arise by operation of law against real and personalproperty for amounts of overdue support owed by a noncustodial parent who resides or owns property in the State; and the State accords full faith and credit to liens arising in another State in accordance with õ466(a)(4); (3) adding a paragraph that specifies that the State has guidelines which are generally available to the public to determine whether a case is inappropriate for application of this procedure, in accordance with õ466(a); and (4) changing the exemption paragraph to allow the Secretary to grant the State an exemption from the requirement for liens in accordance with õ466(d).

o Section 2.12, Procedures to Improve Program Effectiveness, is amended by revising section 2.12-5 Paternity Establishment, in several ways: (1) replacing the four pages with one page; (2) requiring the IV-D agency to have laws requiring the use of procedures for paternity establishment in accordance with õ466(a)(5); (3) providing for the State to indicate whether the presumption of paternity based upon genetic testing indicated a threshold probability that the alleged father is the father of the child in accordance with õ466(a)(5)(G) is rebuttable or conclusive; and (4) providing for indicating that the Secretary has granted the State an exemption from paternity establishment in accordance with õ466(d).

o Section 2.12, Procedures to Improve Program Effectiveness, is amended by revising section 2.12-7, Making Information Available to Consumer Reporting Agencies, in several ways: (1) changing the title to "Reporting Arrearages to Credit Bureaus"; (2) removing the two paragraphs on compliance when arrearages are either above or below $1,000 and adding a paragraph requiring the State to report periodically to consumer reporting agencies the name of any noncustodial parent who is delinquent in the payment of support and the amount of the overdue support owed; (3) adding a paragraph that specifies the State has guidelines which are generally available to the public to determine whether a case is inappropriate for application of this procedure in accordance with õ466(d); and (4) changing the citation in the exemption paragraph from õ303.105 to õ466(d).

oSection 2.12, Procedures to Improve Program Effectiveness, is amended by revising sections 2.12-10-1 and 2, Review and Adjustment of Child Support Obligations, in several ways: (1) replacing the two pages with one page; (2) changing the title to "Review and Adjustment of Child Support Orders Upon Request"; (3) changing the language to specifying the State has in effect laws requiring the use of procedures for review and adjustment of child support orders in accordance with õ466(a)(10); and (4) providing for indicating that the Secretary has granted the State an exemption from the requirements for laws or use of procedures for review and adjustment of support orders in accordance with õ466(d).

o Section 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-11, Full Faith and Credit for Determination of Paternity, which (1) requires that the State has in effect laws requiring the use of procedures for giving full faith and credit to a determination of paternity made by any other State, whether established through voluntary acknowledgment or through administrative or judicial processes in accordance with õ466(a)(11); (2) the State has guidelines which are generally available to the public to determine whether a case is inappropriate for application of this procedure in accordance with õ466(a); and (3) provides that the Secretary has granted the State an exemption from the requirement for giving full faith and credit to another State's determination of paternity in accordance with õ466(d).

oSection 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-12, Access to Records for Location, which specifies that the IV-D agency has in effect laws requiring the use of procedures to ensure that State and Federal child support agencies have access to any system of records used by the State for locating individuals for motor vehicle and law enforcement purposes, in accordance with õ466(a)(12); and provides that the Secretary has granted the State an exemption from access to records for location in accordance with õ466(d).

o Section 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-13, Collection and Use of Social Security Numbers for use in Child Support Enforcement, which specifies that the State has in effect laws that require the use of procedures requiring that social security numbers be collected and recorded in accordance with õ466(a)(13); and provides for indicating that the Secretary has granted the State an exemption from collection and use of social security numbers for use in child support enforcement in accordance with õ466(d).

o Section 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-14 Administrative Enforcement in Interstate Cases, which specifies that the State has in effect laws requiring the use of procedures for administrative enforcement in interstate cases in accordance with õ466(d); and provides for indicating that the Secretary has granted an exemption from administrative enforcement in interstate cases in accordance with õ466(d).

oSection 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-15, Work Requirements for Persons Owing Child Support, which specifies that: (1) the State has in effect laws that require the use of procedures giving the State authority in any case in which an individual owes past-due child support with respect to a child receiving assistance under title IV-A, to seek a court order or administrative order that requires the individual to pay such support according to an approved plan or participate in work activities, if not incapacitated, in accordance with õ466(a)(15); (2) requires the State to have guidelines which are generally available to the public to determine whether a case is inappropriate for application of this procedure in accordance with õ466(a); and (3) provides for indicating that the Secretary has granted an exemption from work requirements for persons owing past-due child support in accordance with õ466(d).

oSection 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-16, State Law Authorizing Suspension ofLicenses, requiring that the IV-D agency has in effect laws requiring the use of procedures for authorizing withholding, or suspension or restriction of driver's licenses, professional and occupational licenses, and recreational licenses in accordance with õ466(a)(16); and provides for indicating that the Secretary has granted the State an exemption from the requirement for withholding, suspension, or restriction of driver's professional and occupational and recreational licenses, in accordance with õ466(d).

o Section 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-17, Financial Institution Data Matches, which requires that the State has in effect laws requiring the use of procedures for the IV-D agency entering into agreements with financial institutions doing business in the State to develop and operate a data match system, to identify accounts of individuals owing past-due support, and to encumber or surrender assets held by such institution on behalf of any noncustodial parent who is subject to a child support lien in accordance with õ466(a)(17); and provides for indicating that the Secretary has granted the State an exemption from financial institution data matches in accordance with õ466(d).

oSection 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-18, Enforcement of Orders Against Paternal or Maternal Grandparents of Children of Minor Parents, which provides for the State to elect to enact a law requiring the use of procedures with respect to a child of minor parents, if the custodial parent is receiving assistance under Part A, shall be enforceable, jointly and severally, against the parents of the noncustodial minor parent of such child in accordance with õ466(a)(18); and provides for indicating that the Secretary has granted the State an exemption from enforcement of orders against paternal or maternal grandparents of children of minor parents in accordance with õ466(d).

oSection 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-19, Enforcement of Orders for Health Care Coverage, which specifies that the IV-Dagency has in effect laws requiring the use of procedures for enforcement of orders for health care coverage in accordance with õ466(a)(19); and provides for indicating that the Secretary has granted the State an exemption from the requirement for enforcement of orders for health care coverage in accordance with õ466(d).

o Section 2.12, Procedures to Improve Program Effectiveness, is amended by adding section 2.12-21, Laws Voiding Fraudulent Transfers, which specifies that the State has in effect laws requiring the use of procedures for the voiding of fraudulent transfers in accordance with õ466(g); and provides for indicating that the Secretary has granted the State an exemption from the requirement for voiding of fraudulent transfers in accordance with õ466(d).

o Section 3.1, Cooperative Arrangements, is amended in several ways: (1) revises paragraph 1 to include Indian Tribes and tribal agencies and adds citation to õõ454(7) and (33); and (2) removes paragraph 2 providing for indicating whether such agreements include provisions for the investigation and prosecution of fraud directly related to paternity and support and for indicating whether including reimbursing courts and law enforcement officials for their assistance in carrying out the program.

o Section 3.4, Standards for an Effective Program, is amended by: 1) revising paragraph 1 to specify that the State complies with such requirements and standards for an effective program as the Secretary determines to be necessary in accordance with õ454(13) and the staffing and organization requirements prescribed by 45 CFR Part 303; and (2) adding a paragraph specifying that the State treats information requests by parents who are residents of other States with the same priority as requests by parents who are residents of this State in accordance with õ454(13).

o Section 3.9, Publicize Availability of Child Support Services, is amended by revising the paragraph to read that the State regularly and frequently publicizes through public service announcements, the availability ofchild support enforcement services, including information on application fees, how to get additional information, and encouraging use of procedures for voluntary establishment of paternity in accordance with õ454(23) and 45 CFR 302.30.

oSection 3.16, Cooperation by Applicants for and Recipients of Assistance, is added which specifies that the IV-D Agency makes the determination and the redetermination as to whether an applicant or recipient for IV-A or title XIX is cooperating in good faith with the State in establishing paternity, or in establishing, modifying or enforcing a support order in accordance with õ454(29).

oSection 3.17, Definitions for Collecting and Reporting Information, is added which specifies the State uses the definitions established under õ452(a)(5) in collecting and reporting information in accordance with õ454(30).

oSection 3.19, Request for Services by a Foreign County, is added which specifies that: (1) any request for services by a foreign reciprocating country or a foreign country with which the State has an arrangement described in õ459A(d) of the Act is treated as a request of the State; (2) no applications will be required from, and no costs will be assessed for such services against, the foreign reciprocating country, or foreign obligee (but costs may be assessed against the obligor); and (3) indicates whether or not the State opts to provide enforcement services for foreign spousal support-only orders in accordance with õ454(32)(B), notwithstanding õ454(4).

The following pages are to be submitted no later than December 31, 1997.

o Section 2.14, Rights to Notification of Hearings, is added to provide that effective October 1, 1997, the State has procedures to provide, to parties to child support orders in IV-D cases, notice of all proceedings in which support orders might be established or modified, and a copy of any order establishing or modifying a child support obligation or a notice of determination of no change within 14 days of issuance inaccordance with õ454(12).

o Section 2.15, Federal and State Reviews and Audits, is added that specifies that effective October 1, 1997, the State has a process for conducting annual reviews and reports to the Secretary on the State program operated under the State IV-D plan including such information as may be necessary to measure State compliance with Federal requirements for expedited procedures, using such standards and procedures as the Secretary requires, under which the IV-D agency will determine the extent to which the program is operated in compliance with title IV-D, in accordance with õ454(15) and also the State has a process for extracting from the automated data processing system and transmitting to the Secretary data and calculations concerning the level of accomplishment and rates of improvement with respect to applicable performance indicators.

o Section 3.13, Privacy Safeguards, is added which specifies the State has in effect safeguards, applicable to all confidential information handled by the State IV-D agency, that are designed to protect the privacy rights of the parties, in accordance with õ454(26).

oSection 3.18, Denial of Passports for Non-Payment of Child Support, is added which specifies the IV-D agency has procedures for certifying to the Secretary that individuals who owe arrearages of child support in an amount exceeding $5,000 are subject to being denied a passport or having a passport revoked, restricted, or limited that was previously issued to such individual, in accordance with õ452(k) of the Act; and that individuals who owe arrearages exceeding $5,000 are afforded notice of such determination, the consequences thereof, and an opportunity to contest the determination; and the certification by the State agency is furnished to the Secretary in such format, and accompanied by such supporting documentation, as the Secretary may require.

The following page must be submitted no later than March 31, 1998.

oSection 2.12, Procedures to Improve ProgramEffectiveness, is amended by adding section 2.12-20, Adoption of Uniform State Laws, which requires that on and after January 1, 1998, the State has in effect the Uniform Interstate Family Support Act, as approved by the American Bar Association on February 9, 1993, together with any amendments officially adopted before January 1, 1998 by the National Conference of Commissioners on Uniform State Laws in accordance with õ466(f); and provides for indicating the Secretary has granted the State an exemption from adoption of UIFSA in accordance with õ466(d).

Also attached are pages ii, and iii, Table of Contents, revised to reflect the changes to the State plan preprint.

APPROVAL OF STATE PLAN

States must submit these pages no later than September 30, 1997, December 31, 1997 or March 31, 1998, as specified above, along with a completed transmittal notice form (OCSE-21-U4) to the appropriate ACF Regional Administrator attesting to compliance with the requirements set forth on the page.

SUPERSEDED

MATERIAL:Table of Contents, pages ii and iii, transmitted by DCL-9509.CSE, dated February 1, 1995; and pages 2.1, 2.4, 2.5-1, 2.5-2, 2.5-3, 2.6, 2.12-1, 2.12-2, 2.12-4, 2.12-5, 2.12-7, 2.12-10, 3.1, 3.4, and 3.9.

ACTION

REQUIRED: Submit these pages no later than September 30, 1997, December 31, 1997 or March 31, 1998, as specified above. (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 that begins after August 22, 1996. In the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature).

INQUIRIES

TO: ACF Regional Administrators

__________________________

David Gray Ross Deputy Director Office of Child Support Enforcement

STATE PLAN

CHILD SUPPORT ENFORCEMENT PROGRAM

(TITLE IV-D)

TABLE OF CONTENTS

Section 1 SINGLE STATE AGENCY ORGANIZATION

1.1 Designation, Authority, Organization and Staffing

1.2 Statewide Operation

Section 2 SUPPORT ENFORCEMENT

2.1 State Obligation to Provide Child Support Enforcement Services

2.2 Support Obligation

2.4 Collection and Distribution of Support Payments

2.5 Services to Individuals Not Receiving Title IV-A or Title IV-E Foster Care Assistance

2.6 Provisions of Services in Interstate IV-D Cases

2.7 Parent Locator Service

2.8 Medical Support Activities

2.9 Federal Tax Refund Offset

2.10 Withholding of Unemployment Compensation

2.11 Procedures for the Imposition of Late Payment Fees

2.12 Procedures to Improve Program Effectiveness

2.13 Incentive Payments to States and Political Subdivisions

2.14 Rights to Notification of Hearings

2.15 Federal and State Reviews and Audits

Section 3 GENERAL PROGRAM ADMINISTRATION

3.1 Cooperative Arrangements

3.2 Reports and Maintenance of Records

3.3 State Statutes

3.4 Standards for an Effective Program

3.5 Nondiscrimination

3.6 Bonding of Employees

3.7 Separation of Cash Handling and Accounting Functions

3.9 Publicize Availability of Child Support Services

3.10 Notice of Collection of Assigned Support

3.11 Guidelines for Setting Child Support Obligations Within the State

TN#___________Approval Date____________Effective Date__________

3.12 Payment of Support Through the IV-D Agency or Other Entity

3.13 Privacy Safeguards

3.16 Cooperation by Applicants for and Recipients of Assistance

3.17 Definitions for Collecting and Reporting Information

3.18 Denial of Passports for Non-Payment of Child Support

3.19 Request for Services by a Foreign Country

Section 4 FINANCIAL ADMINISTRATION

4.1 Fiscal Policies and Accountability

4.2 State Financial Participation

Section 5 STATE PLAN ADMINISTRATION

5.1 Plan Amendments

5.2 State Governor's Review

ATTACHMENTS

*1.1A 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

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

2.12-9AStatute or Court Ruling to Prohibit Retroactive Modification of Child Support Arrearages

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

State _____________________

Citation 2.1State Obligation to Provide Child Support Enforcement Services

õ454(4) of the Act; 1.The State provides services relating to establishment of paternity, the establishment, modification, or enforcement of child support obligations, as appropriate, in accordance with õ454(4)(A) of the Act.

2.The State enforces any support obligation with respect to a child with respect to whom the State provides services under the plan, or the custodial parent of such a child, in accordance with õ454(4)(B) of the Act.

3.The IV-D agency undertakes to establish paternity and secure support without involving the caretaker relative, if the IV-A or IV-E agency determines, in accordance with õ454(29) of the Act, or the Medicaid agency determines, under 42 CFR 433.147(c) that good cause exists but that support enforcement may proceed without the participation of the caretaker relative.

4.The IV-D agency notifies the Medicaid agency that assigned medical support payments are being, or have been, retained by the non-IV-A Medicaid

recipient.

TN#__________Approval Date__________Effective Date__________

2.1

State_______________

Citation 2.4 Collection and Distribution of Support Payments

õ454(11) 1.Amounts collected as support are distributed as provided in Section 457 of the Act.

2. Any payment required to be made to a family is made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child or children.

TN#__________Approval Date_____________Effective Date____________

2.4

State _____________________

Citation 2.5Services to Individuals Not Receiving Title IV-A or Title IV-E Foster Care Assistance

õ454(6) of the Act 1.Services under this plan are made available to residents of other States on the same terms as to residents of this State.

õ454(6) of the Act;2.(a) The application fee charged to an

45 CFR 302.33(c) individual who files an application

for services is:

[ ]a flat dollar amount not to exceed $25 or such higher or lower amount as the Secretary may determine to be appropriate for any fiscal year to reflect increases or decreases in administrative costs, and described in ATTACHMENT 2.5A; or

[ ]an amount established in accordance with 45 CFR 302.33(c)(2)(iv)(B) and described in ATTACHMENT 2.5A.

(b)The State collects the fee from the individual applying for IV-D services or pays the fee out of State funds.

(c)The State recovers the application fee from the non-custodial parent in accordance with 45 CFR 302.33(c)(2)(ii).

[ ] YES [ ] NO

TN#__________Approval Date__________Effective Date__________

2.5-1

State _____________________

Citation 2.5Services to Individuals Not Receiving Title IV-A or Title IV-E Foster Care Assistance

õ454 of the Act; (d)The State allows the jurisdiction

45 CFR 302.33(c)(2)(v) that collects support for the State under this plan to retain any application fees collected under this section.

[ ] YES [ ] NO

õõ454(4), and (25) 3.The State does not:

and 457(c) of the

Act; 45 CFR (a) require an application, other

302.33(a)(2) and (3)request for services, or an application fee from any individual who is either a former IV-A recipient; former Medicaid recipient; or former title IV-E foster care recipient.

(b)charge fees or recover costs from any non-IV-A Medicaid recipient.

õõ454(6) and (25) 4. When a family is no longer eligible

of the Act; for assistance under the IV-A, Medicaid, 45 CFR 302.33(a)(4)or title IV-E foster care program, the IV-D agency provides the family a notice regarding the continuation of IV-D services and continues to provide such services, in accordance with õ454(25) of the Act.

õ454(6) of the Act; 5. Any costs incurred in excess of any

45 CFR 302.33(d)fees collected to cover administrative costs under the State plan in providing services are:

[ ] not recovered;

[ ]recovered from the parent who owes a support obligation to a non-IV-A family receiving services under this section in accordance with 45 CFR 302.33(d); or

TN#__________Approval Date__________Effective Date__________

2.5-2

State _____________________

Citation 2.5Services to Individuals Not Receiving Title IV-A or Title IV-E Foster Care Assistance

[ ]recovered from either the former IV-A recipient; former Medicaid recipient; or former title IV-E foster care recipient or the individual who has filed an application for IV-D services, in accordance with 45 CFR 302.33(d).

The IV-D agency does not treat any amount collected from the individual as a recovery of costs except amounts which exceed the current support owed by the individual under the obligation.

The IV-D agency notifies, consistent with the cost recovery option selected, either the individual who is receiving IV-D services or the individual who owes a support obligation that such recovery will be made.

TN#__________Approval Date__________Effective Date__________

2.5-3

State_______________

Citation 2.6 Provision of Services in Interstate IV-D Cases

õõ452(a)(11) and The State:

454(9); 45 CFR

302.33(d)(5) and (6); Cooperates with any other State in

45 CFR 302.36; and establishing paternity, locating a 45 CFR 303.7 non-custodial parent residing in the State against whom action is being

taken by another State's title IV-D

program, securing compliance with an order for support, and carry out other functions, in accordance with õ454(9) of the Act and standards prescribed by the

Secretary.

Effective August 22, 1988, has established a central registry for interstate IV-D cases in accordance with 45 CFR 303.7(a).

No later than March 1, 1997, cooperates with any other State in using forms promulgated pursuant to õ452(a)(11) for income withholding, imposition of liens, and issuance of administrative subpoenas in interstate child support cases in accordance with õ454(9)(E).

The State agency where the interstate case originated notifies the individual receiving IV-D services of the States that recover costs in accordance with 45 CFR 302.33(d)(5).

If the State elects to recover costs, the IV-D agency has notified the IV-D agencies, in all other States that it recovers costs from the individual receiving IV-D services in accordance with 45 CFR 302.33(d)(6).

TN#__________Approval Date_____________Effective Date____________

2.6

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 466 1. Income Withholding

(a)(1), (b) and (d) of

the Act; 45 CFR 303.100 The State has in effect laws requiring the use of procedures for income withholding in accordance with õ466(a)(1) and (b) of the Act.

[ ] The Secretary has granted the

State an exemption from the requirement for income withholding in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-1

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 2. Expedited Administrative and Judicial

466(a)(2), (c) Procedures

and (d) of the Act

The State has in effect laws requiring the use of expedited administrative and judicial procedures for establishing, modifying, and enforcing support obligations in accordance with õ466(a)(2), and including rules and authority applicable to all proceedings to establish paternity, or to establish, modify, or enforce support orders, as specified under õ466(c)(2) of the Act.

[ ] Administrative procedures

[ ] Expedited judicial procedures

[ ] Both administrative and expedited judicial procedures

The State has in effect laws giving the IV-D agency authority to take administrative actions specified in õ466(c)(1) of the Act, without the necessity of obtaining a court or administrative order and to recognize the authority of another States's IV-D agency to take such actions, and procedures for coordination with ERISA in accordance with õ466(c).

[ ]The Secretary has granted the State an exemption(s) from or waived compliance with expedited administrative and judicial procedures in accordance with õ466(a)(2) and (d) for the political subdivisions listed in ATTACHMENT 2.12-2A. The list includes the exemption period for each political subdivision.

TN#__________Approval Date_____________Effective Date____________

2.12-2

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 4. Liens

466(a)(4) and (d)

of the ActThe State has in effect laws requiring the use of procedures under which liens arise by operation of law against real and personal property for amounts of overdue support owed by a noncustodial parent who resides or owns property in the State; and the State accords full faith and credit to liens arising in another State in accordance with õ466(a)(4).

The State has guidelines which are generally available to the public to determine whether a case is inappropriate for application of this procedure, in accordance with õ466(a).

[ ]The Secretary has granted the State an exemption from the requirement for liens in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-4

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 466 5. Paternity Establishment

(a)(5) and (d) of

the Act The IV-D agency has in effect laws requiring the use of procedures for paternity establishment in accordance with õ466(a)(5).

The State presumption of paternity based upon genetic testing results indicating a threshold probability that the alleged father of the child, in accordance with õ466(a)(5)(G), is:

[ ] REBUTTABLE [ ] CONCLUSIVE

[ ] The Secretary has granted the State an

exemption from the paternity establishment requirement(s) listed in ATTACHMENT 2.12-5A, in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-5

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 7. Reporting Arrearages to Credit

466(a)(7) and (d) Bureaus

of the Act

The IV-D agency has in effect laws requiring the use of procedures subject to safeguards under õ466(a)(7)(B) which require the State to report periodically to consumer reporting agencies the name of any non-custodial parent who is delinquent in the payment of support, and the amount of overdue support owed by such parent in accordance with õõ454(20) and 466(a)(7).

The State has guidelines which are generally available to the public to determine whether a case is inappropriate for application of this procedure, in accordance with õ466(a).

[ ]The Secretary has granted the State an exemption from making information available to Consumer Reporting Agencies in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-7

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 10. Review and Adjustment of Child

466(a)(10) and (d) Support Orders Upon Request

of the Act The State has in effect laws requiring the use of procedures for Review and Adjustment of Child Support Orders in accordance with õ466(a)(10).

[ ]The Secretary has granted the State an exemption from the requirements for laws or use of procedures for review and adjustment of support orders in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-10

State_____________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 11. Full Faith and Credit for Determination

466(a)(11) and (d) of Paternity

of the Act

The State has in effect laws requiring the use of procedures for giving full faith and credit to a determination of paternity made by any other State, whether established through voluntary acknowledgment or through administrative or judicial processes in accordance with õ466(a)(11).

[ ] The Secretary has granted the State an exemption from the requirement for giving full faith and credit to another State's determination of paternity in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-11

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 12. Access to Records for Location

466(a)(12) and (d)

of the Act The IV-D agency has in effect laws requiring the use of procedures to ensure that State and Federal child support agencies have access to

any system of records used by the State for locating individuals for motor vehicle and law enforcement purposes, in accordance with õ466(a)(12) of the Act.

[ ] The Secretary has granted the State an exemption from access to records for location in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-12

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 13. Collection and Use of Social Security 466(a)(13) and (d) Numbers for Use in Child Support Enforcement

The State has in effect laws requiring the use of procedures requiring that social security numbers be collected and recorded in accordance with õ466(a)(13).

[ ] The Secretary has granted the State an exemption from collection and use of social security numbers for use in child support enforcement in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-13

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 14. Administrative Enforcement in 466(a)(14) and (d) Interstate Cases

of the Act

The State has in effect laws requiring the use of procedures for administrative enforcement in interstate cases in accordance with õ466(a)(14).

[ ] The Secretary has granted the State an exemption from administrative enforcement in interstate cases in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-14

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 15. Work Requirement for Persons Owing Past-466(a)(15) and (d) Due Child Support

of the Act

The State has in effect laws requiring the use of procedures giving the State authority in any case in which an individual owes past-due child support with respect to a child receiving assistance under a State's program funded under title IV-A, to seek a court order or administrative order that requires the individual to pay such support according to an approved plan or participate in work activities, if not incapacitated, in accordance with õ466(a)(15).

The State has guidelines which are generally available to the public to determine whether a case is inappropriate for application of this procedure in accordance with õ466(a).

[ ] The Secretary has granted the State an exemption from work requirement for persons owing child support in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-15

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 16. State Law Authorizing Suspension of 466(a)(16) and (d) Licenses

of the Act

The IV-D agency has in effect laws requiring the use of procedures for authorizing withholding, or suspension or restriction of driver's licenses, professional and occupational licenses and recreational licenses in accordance with õ466(a)(16).

[ ] The Secretary has granted the State an

exemption from the requirement for withholding, suspension, or restriction of driver's professional and occupational and recreational licenses in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-16

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 17. Financial Institution Data Matches 466(a)(17) and (d)

of the ActThe State has in effect laws requiring the use of procedures for the IV-D agency entering into agreements with financial institutions doing business in the State to develop and operate a data match system to identify accounts of individuals owing past-due support and to encumber or surrender assets held by such institution on behalf of any noncustodial parent who is subject to a child support lien in accordance with õ466(a)(17).

[ ]The Secretary has granted the State an exemption from financial institution data matches in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-17

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 18. Enforcement of Orders Against Paternal 466(a)(18) and (d) or Maternal Grandparents of Children of of the Act Minor Parents

The State has elected to enact a law requiring the use of procedures for enforcement of orders with respect to a child of minor parents, if the custodial parent is receiving assistance under Part A, shall be enforceable, jointly and severally, against the parents of the noncustodial minor parent of such child in accordance with õ466(a)(18).

[ ] Yes [ ] No

[ ] The Secretary has granted the State an exemption from enforcement of orders against paternal or maternal grandparents of children of minor parents in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-18

State _____________________

Citation 2.12Procedures to Improve Program Effectiveness

õõ454(20) and 19. Enforcement of Orders for Health Care 466(a)(19) and (d) Coverage

of the Act

The IV-D agency has in effect laws requiring the use of procedures for enforcement of orders for health care coverage in accordance with õ466(a)(19).

[ ]The Secretary has granted the State an exemption from the requirement for enforcement of orders for health care coverage in accordance with õ466(d).

TN#__________Approval Date__________Effective Date__________

2.12-19

State_______________

Citation 2.12 Procedures to Improve Program Effectiveness

õõ454(20) and 20. Adoption of Uniform State Laws

466(f) and (d) of

the ActOn and after January 1, 1998, the State has in effect the Uniform Interstate Family Support Act, as approved by the American Bar Association on February 9, 1993, together with any amendment officially adopted before January 1, 1998 by the National Conference of Commissioners on Uniform State Laws in accordance with õ466(f).

[ ] The Secretary has granted the State an exemption from adoption of UIFSA in accordance with õ466(d).

TN#__________Approval Date_____________Effective Date____________

2.12-20

State _____________________

Citation 2.12Procedures to Improve Program Effectiveness

õõ454(20) and 466(g)21. Laws Voiding Fraudulent Transfers

and (d) of the Act

The State has in effect laws requiring the use of procedures for the voiding of fraudulent transfers in accordance with õ466(g).

[ ]The Secretary has granted the State an

an exemption from the requirement for voiding of fraudulent transfers in accordance with õ466(d).

TN#__________Approval Date__________Effective Date__________

2.12-21

State _____________________

Citation 2.14 Rights to Notification of Hearings

õ454(12) of the Act Effective October 1, 1997, the State has procedures to provide, to parties to child support orders in IV-D cases, notice of all proceedings in which support orders might be established or modified, and a copy of any order establishing or modifying a child support obligation or a notice of determination of no change within 14 days of issuance in accordance with õ454(12).

TN#__________Approval Date__________Effective Date__________

2.14

State_______________

Citation 2.15 Federal and State Reviews and Audits

õ454(15) of the Effective October 1, 1997

Act

o The State has a process for conducting annual reviews and furnishing reports to the Secretary on the State program under the State IV-D plan, including such information as may be necessary to measure State compliance with Federal requirements for expedited procedures, using such standards and procedures as the Secretary requires, under which the IV-D agency will determine the extent to which the program is operated in compliance with title IV-D, in accordance with õ454(15).

o The State has a process for extracting from the automated data processing system and transmitting to the Secretary data and calculations concerning the levels of accomplishment and rates of improvement with respect to applicable performance indicators.

TN#__________Approval Date_____________Effective Date____________

2.15

State_______________

SECTION 3 GENERAL PROGRAM ADMINISTRATION

Citation 3.1 Cooperative Arrangements

õõ454(7), (33), The IV-D agency enters into

and (d) of the Act; written agreements for cooperative

45 CFR 302.34 arrangements with appropriate courts and law enforcement officials and Indian tribes and tribal organizations in accordance with õõ454(7) and (33), and 45 CFR 302.34.

ATTACHMENT 3.1A is a list of all cooperative agreements the IV-D agency has entered into, with the name of the cooperating entity and a brief description of the function to be performed. Copies of all agreements will be made available to the Office of Child Support Enforcement upon request.

TN#__________Approval Date_____________Effective Date____________

3.1

State_______________

Citation 3.4 Standards for an Effective Program

õõ454(3) and (13) The State complies with such

of the Act; 45 CFRrequirements and standards

302.39 for an effective program as the Secretary determines to be necessary in accordance with õ454(13) and the organization and staffing requirements prescribed by 45 CFR Part 303.

Information requests by parents who are residents of other States are treated with the same priority as requests by parents who are residents of the State submitting the plan in accordance with õ454(13).

TN#__________Approval Date_____________Effective Date____________

3.4

State _____________________

Citation 3.9 Publicize Availability of Child Support Services

õ454(23) of the The State regularly and frequently

Act; 45 CFR 302.30 publicizes through public service announcements, the availability of child support enforcement services, including information on application fees, how to get additional information, and encouraging use of procedures for voluntary establishment of paternity in accordance with õ454(23) and 45 CFR 302.30.

TN#__________Approval Date__________Effective Date__________

3.9

State _____________________

Citation 3.13 Privacy Safeguards

õ454(26) of the Act The State has in effect safeguards, applicable to all confidential information handled by the State IV-D agency, that are designed to protect the privacy rights of the parties in accordance with õ454(26).

TN#__________Approval Date__________Effective Date__________

3.13

State___________________

Citation 3.16 Cooperation by Applicants for and Recipients of Assistance

õ454(29) of the Act The IV-D agency makes the determination

and the redetermination as to whether an applicant or recipient for IV-A or title XIX is cooperating in good faith with the State in establishing paternity, or in establishing, modifying or enforcing a support order in accordance with õ454(29).

TN#__________Approval Date__________Effective Date__________

3.16

State_______________

Citation 3.17 Definitions for Collecting and Reporting Information

õõ452(a)(5) and The State uses the definitions

454(30) of the Act established under õ452(a)(5) in collecting and reporting information in accordance with õ454(30).

TN#__________Approval Date_____________Effective Date____________

3.17

State_______________

Citation 3.18 Denial of Passports for Non-Payment of Child Support

õ454(31) of the The IV-D agency has procedures for Act certifying to the Secretary that individuals who owe arrearages of child support in an amount exceeding $5,000 are subject to being denied a passport or having a passport revoked, restricted, or limited that was previously issued to such individual, in accordance with õ452(k) of the Act; and that individuals who owe arrearages exceeding $5,000--

o are afforded notice of such determination and the consequences thereof, and an opportunity to contest the determination; and

o the certification by the State agency is furnished to the Secretary in such format, and accompanied by such supporting documentation, as the Secretary may require.

TN#__________Approval Date_____________Effective Date____________

3.18

State_______________

Citation 3.19 Request for Services by a Foreign Country

õ454(32) of the Any request for IV-D program services by Act a foreign reciprocating country or a foreign country with which the State has an arrangement described in õ459A(d) of the Act is treated as a request by a State.

No application is required from, and no costs are assessed for such services against, the foreign reciprocating country, or foreign obligee (but costs may be assessed against the obligor).

[ ] State opts to provide enforcement services for foreign spousal support-only orders in accordance with õ454(32)(B), notwithstanding õ454(4).

TN#__________Approval Date_____________Effective Date____________

3.19