Secretary, DHHS Letter to Governors
Grants to States for Access and Visitation
The Honorable
Dear Governor
The Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (P.L. 104-193) provides up to $10 million annually for grants
to the states for access and visitation programs. The authority
contained in Title III, Subtitle I - Enhancing Responsibility and
Opportunity for Non-Residential Parents (which adds Section 469B to
the Social Security Act) presents an opportunity to address problems
that have caused much pain and suffering for parents and children
alike.
The statutory language contains very general guidance for states on
what are considered appropriate activities to be carried out with the
grant funds. The grants are "to enable states to establish and
administer programs to support and facilitate noncustodial parents'
access to and visitation of their children." Eligible activities
include but are not limited to mediation, counseling, education,
development of parenting plans, visitation enforcement, and
development of guidelines for visitation and alternative custody
arrangements.
The amount of the grant for each state for a fiscal year will be an
amount equal to the lesser of 90 percent of State expenditures during
the fiscal year for eligible activities or an allotment. The
allotment formula derives from the ratio of the number of children in
the state living with only one biological parent in relation to the
total number of such children in all states. The amount of the
allotment available to the state will exhibit this same ratio to
$10,000,000. The Administration for Children and Families (ACF) will
adjust the allotments to ensure that there is a minimum allotment
amount of $50,000 per state for federal fiscal year 1997.
The ACF is charged with the responsibility of issuing regulations
setting forth how states "shall monitor, evaluate, and report on such
programs." Within ACF, program administration will reside with the
Office of Child Support Enforcement.
States have considerable flexibility in determining appropriate
administrative arrangements. The grants may be used to create or
enhance state-run programs or to fund grants or contracts with
courts, local public agencies, or nonprofit private entities.
Programs do not have to operate statewide.
As a first step, we ask that you designate a single state agency with
whom we will interact on a continuing basis in launching and carrying
out this new responsibility. Again, the choice of agency is a matter
within your discretion. Your selection and the name and title of an
appropriate official within the designated agency should be
communicated in writing at your earliest convenience to David Gray
Ross, Deputy Director of our Office of Child Support Enforcement at
901 D street SW, 4th Floor Washington D.C. 20447.
We look forward to fashioning a partnership in this new program, a
program with the potential to positively impact the lives of children
and their parents. If any questions should arise, they may be
directed to Judge Ross at 202-401-9370.
Sincerely,
Donna E. Shalala