at-9204.htm

ACTION TRANSMITTAL

OCSE-AT-92-04

August 12, 1992

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

SUBJECT: Fees for submitting cases to the Federal Parent Locator Service (FPLS)

RELATEDOCSE-AT-92-01, dated July 6, 1992

REFERENCE: OCSE-AT-82-17, dated November 12, 1982 and

OCSE-AT-81-12, dated June 15, 1981

PURPOSE:The Office of Child Support Enforcement (OCSE) published a regulation in the Federal Register on June 24, 1992 (57 FR 28103) which amended the Federal regulation at 45 CFR 303.70 to require reimbursement from the States for the use of the FPLS for cases in which there is no required assignment of support rights to the State. OCSE disseminated that policy in OCSE-AT-92-01, dated July 6, 1992.

The purpose of this Action Transmittal is to inform States of the billing procedures for submitting to the FPLS those cases without an assignment of rights (non-AFDC cases). It also provides an update on the fees charged for submitting locate only, and parental kidnapping/child custody cases to the FPLS.

BACKGROUND:Non-AFDC Cases: Since 1981, the FPLS has only charged for locate only and parental kidnapping/child custody cases (OCSE AT-81-12, dated June 15, 1981). Current economic and budgetary constraints warrant the charging of fees for use of FPLS in non-AFDC IV-D cases. The charging of such fees is consistent with the requirements of section 453(e)(2) of the Act, and the original intent of Congress in 1975, that a fee shall be charged to reimburse the Secretary or his delegate for the expense of operating the FPLS. Moreover, we are using our authority under

section 1102 of the Act to expand cases not subject to the fee to include, in addition to AFDC cases, other IV-D cases in which an assignment of support rights to the State is required (e.g.,

IV-E foster care and Medicaid cases).

Locate Only Cases: Section 453(e)(2) of the Social Security Act (the Act) requires that a fee be charged whenever FPLS locate only services are furnished to the resident parent, legal guardian, attorney or agent of a child who is not receiving support under the Aid to Families with Dependent Children (AFDC) program.

Parental Kidnapping/Child Custody Cases:

Section 9 of the Parental Kidnapping Prevention Act of 1980, revised the Social Security Act by amending sections 454 and 455 and adding a new section 463 which allows States to make use of the FPLS in connection with the enforcement or determination of child custody and in cases in which the non-custodial parent kidnaps a child.

The law required that the State must impose and collect fees sufficient to cover costs incurred by the State and the Federal government in the initiation and processing of location requests.

FEES:OCSE has reviewed the cost of operating the FPLS and determined an annual user's fee. We considered the costs of fees charged by the Internal Revenue Service and the State Employment Security Agencies, the associated costs of the National Child Support Computer Center, OCSE's related costs, including salary and benefits of personnel, telephones, building costs, mailings, training, etc. Each year OCSE will recalculate the cost of operating the FPLS and will notify States by June 15 of the per case charge for the next fiscal year.

BILLING Non-AFDC cases: All States who submit non-AFDC

PROCEDURES: cases to the FPLS will be required to provide advance payment, based upon their estimated submittal caseload times the cost per case. The procedures are as follows:

oStates submitting non-AFDC cases to the FPLS should furnish the information requested in EXHIBIT 1 by September 15, 1992.

oStates should estimate the number of non AFDC cases they anticipate submitting to the FPLS for the fiscal year 1993 (October 1, 1992

through September 30, 1993). States shouldobtain estimates from those jurisdictions in the State that have direct access to the FPLS and include them in the State's total projection.

oIn order to determine the costs for using the FPLS, States should multiply the number of cases they anticipate submitting to the FPLS times the per case cost. Annually, OCSE will estimate the cost of operating the FPLS and notify States by June 15 of the cost.

oA check to reimburse OCSE for the service must be included with the form. The check should be made payable to the Office of Child Support Enforcement and mailed to the FPLS.

oOnce payment is received by OCSE, States will receive a letter of acknowledgement.

oAt the end of the fiscal year, OCSE will reconcile the actual number of cases submitted against the number of cases estimated by the CSE agencies. OCSE will reimburse those CSE agencies who made overpayments or bill agencies who made underpayments.

Locate Only Cases: At the end of each quarter, OCSE will send each State a bill which itemizes those locate only cases submitted to the FPLS during the quarter. Fees should be reported on line 11 of the Financial Status Report (Form OCSE 131) for the appropriate quarter.

Parental Kidnapping/Child Custody: At the end of each fiscal year, OCSE will send each State an itemized bill for the parental kidnapping cases that have been submitted to the FPLS. The bill will include the names of the cases submitted, charges, and instructions for where to mail the bills.

INQUIRIES TO: Federal Parent Locator Service at (202) 40l-9267.

_______________________ Deputy Director

Office of Child Support

Enforcement

EXHIBIT 1

NOTICE TO SUBMIT NON-AFDC CASES TO THE FPLS

TO:Federal Parent Locator Service

Office of Child Support Enforcement

Family Support Administration

370 L'Enfant Promenade S.W.

Washington, D.C. 20447

Our State plans to submit non-AFDC cases to the FPLS in fiscal year 1993 at a cost of $.70 per case. We estimate that we will be submitting approximately _____________cases. A check for these cases is enclosed. We understand that cases will not be processed without this advance payment.

If at the end of the fiscal year, it turns out that our initial estimate was too low we will include a check for the balance due. If we have overestimated the caseload, resulting in an overpayment, the State will be issued a refund for the excess amount.

__________________________________

Name

Title and signature of IV-D Director

Enclosure