1 Intergovernmental Child Support: Final Rule

2 Overview Purpose and Scope Major Areas of the Final Rule Questions and Answers

3 Purpose and Scope Comprehensive intergovernmental regulation (states, tribes, foreign countries) Replaces 1988 interstate regulation 45 CFR Applies only to state IV-D programs Effective date: January 3, 2011

4 Purpose and Scope Clarifies state IV-D initiating and responding responsibilities Assigns responsibility for determining the controlling child support order in multiple order cases Recognizes electronic communication advancements Makes conforming changes

5 Major areas of the Final Rule General Definitions (§301.1) State Plan Requirements for the provision of services in intergovernmental cases (§302.36) Standards for Program Operations for the provision of services in intergovernmental cases (§303.7) Case Closure Criteria (§303.11) Standards for Determining Substantial Compliance with IV-D Requirements (§305.63) Required Program Compliance Criteria (§308.2)

6 General Definitions (§301.1) 11 Definitions added Central Authority Controlling Order State Country Form Initiating Agency Intergovernmental IV-D Case Interstate IV-D Case One-state Remedies Responding Agency Tribunal Uniform Interstate Family Support Act

7 State Plan Requirements for the Provision of Services in Intergovernmental IV-D Cases (§302.36) Requires that each state’s child support state plan provides that the full range of child support services be provided to any: (a)(1) State IV-D program (a)(2) Tribal IV-D program (a)(3) “Country” as defined in §303.1 Foreign Reciprocating Countries (FRCs) Countries with state-level agreements

8 Standards for Program Operations for the Provision of Services in Intergovernmental IV- D Cases (§303.7) Reorganized to lay out state IV-D agency responsibilities Subsection (a): General Subsection (b): Central Registry Subsection (c): Initiating State Subsection (d): Responding State Subsection (e): Payment and Recovery of Costs in Intergovernmental IV-D Cases

9 Subsection (a): General Responsibilities Responsibilities that apply generally in an intergovernmental IV-D case irrespective of state IV-D agency's role (a)(1) Establish and use procedures for managing intergovernmental IV-D caseload, ensuring provision of services and maintenance of records (existing responding) (a)(2) Periodically review program performance for effectiveness (existing responding) (a)(3) Ensure adequate staffing to provide services in intergovernmental cases, including review and adjustment (existing responding, revised)

10 Subsection (a): General Responsibilities (a)(4) Use federally approved forms unless a country has provided alternative forms as part of its chapter in a Caseworker’s Guide to Processing Cases with Foreign Reciprocating Countries. When using paper version, provide the number of copies required by the responding agency (existing initiating revised) (a)(5) Transmit requests for information and provide requested information electronically as much as possible (new) (a)(6) Provide any order and payment record information requested by a state IV- D agency for a determination of controlling order (DCO) and reconciliation of arrearages within 30 working days of the request or notify the state IV-D agency when the information will be provided (new)

11 Subsection (a): General Responsibilities (a)(7) Notify the other agency within 10 working days of receipt of new information (existing initiating and responding) (a)(8) Cooperate with requests for the following limited services: Quick locate, service of process, assistance with discovery, assistance with genetic testing, teleconferenced hearings, administrative reviews, AEI, and copies of court orders and payment records. States may honor requests for other limited services. (new)

12 Subsection (b): Central Registry Responsibilities (b)(1) Establish a central registry responsible for receiving, transmitting and responding to inquiries on all incoming intergovernmental IV-D cases. (existing) (b)(2) Within 10 working days of receipt of the case (existing): (i) Review case documentation for completeness (ii) Forward the case for necessary action (iii) Acknowledge receipt of the case and request any missing documentation (iv) Inform the initiating agency where the case was sent for action (b)(3) Forward the case for any action which can be taken pending any necessary action by the initiating agency. (existing) (b)(4) Respond to inquiries from the initiating agency within 5 working days of receipt of the request for a case status review. (existing)

13 Subsection (c): Initiating State Responsibilities Seven major areas of responsibility Determination of Controlling Order (DCO) Use of Long-Arm Jurisdiction Referring Cases to Another State for Action Necessary Information and Forms Initiating State Enforcement Activities Initiating State Responsibility for Distribution and Disbursement for Collections Initiating State Notice of Case Closure

14 Subsection (c): Initiating State Responsibilities (c)(1) Determine whether there is an existing order(s) in effect. (new) (c)(2) Determine in which State a determination of controlling order and reconciliation of arrearages may be made, if multiple orders exist. (new) (c)(3) Determine if the noncustodial parent is in another jurisdiction and if it is appropriate to use one-state remedies to establish paternity and to establish, modify, and enforce a support order, including medical support and income withholding. (revised)

15 Subsection (c): Initiating State Responsibilities (c)(4) Within 20 calendar days of completing the actions in paragraphs (1) through (3), and if appropriate, receipt of any necessary information needed to process the case. (revised): (i) ask the appropriate intrastate tribunal, or refer the case to the appropriate responding state IV-D agency, for a determination of controlling order and for reconciliation of arrearages if necessary; and (ii) refer any intergovernmental IV-D case to the appropriate responding agency for action if use of one-state remedies is not appropriate. (State central registry, Tribal IV-D program, or central authority of a country) (c)(5) Provide responding agency sufficient, accurate information, using intergovernmental forms. (existing)

16 Subsection (c): Initiating State Responsibilities (c)(6) Provide responding agency requested information or notification of when the information will be provided within 30 calendar days of request. (existing) (c)(7) Provide annual notice to responding agency regarding amount of interest charges owed on overdue support on an initiating state order and upon request in an individual case. (new) (c)(8) Submit cases with qualified past due support for federal tax refund offset. (new)

17 Subsection (c): Initiating State Responsibilities (c)(9) Send a request for review of a support order to another state within 20 calendar days of determining review is appropriate and receipt of information necessary to conduct the review. (existing) (c)(10) Distribute and disburse support collections received. (new)

18 Subsection (c): Initiating State Responsibilities (c)(11) Notify responding agency within 10 working days of case closure and provide the basis for closure. (new) (c)(12) Instruct the responding state to close its case and to stop any withholding order or notice before the initiating state transmits a withholding order or notice to an employer, unless the two states reach another agreement on how to proceed. (new) (c)(13) Make a diligent effort to locate an obligee, and to accept, distribute and disburse any payment received from the responding agency, if the initiating state has closed its case without notifying the responding agency. (new)

19 Subsection (d): Responding State Responsibilities Six major areas of responsibility Accepting and Processing Intergovernmental Requests for Service Processing Cases when Noncustodial Parent is Found in a Different State Determination of Controlling Order Provision of Necessary Services Notice of Fees and Costs Deducted Case Closure in Direct Income Withholding Cases

20 Subsection (d): Responding State Responsibilities (d)(1) Accept and process an intergovernmental request for services regardless of whether the initiating agency opted not to use long-arm jurisdiction. (new) (d)(2) Within 75 calendar days of receipt from central registry (existing): (i) Provide locate services as needed (ii) Notify the initiating agency of additional documents or information needed to proceed (iii) Process the case to the extent possible pending necessary information from the initiating agency

21 Subsection (d): Responding State Responsibilities (d)(3) Within 10 working days of locating the noncustodial parent in different state, must return forms and documentation, including new location, to initiating agency unless directed by initiating agency to forward/transmit forms and documentation to the central registry in state where noncustodial parent is located. And to notify responding state’s central registry where case has been sent. (existing) (d)(4) Within 10 working days of locating noncustodial parent in different jurisdiction within the state, forward/transmit forms and documentation to that jurisdiction and inform initiating agency and responding state’s own central registry. (existing)

22 Subsection (d): Responding State Responsibilities (d)(5) If a determination of controlling order is requested (new) (i) File the DCO request with the appropriate tribunal in the state within 30 calendar days of receipt of the request or location of the noncustodial parent (whichever is later) AND (ii) Notify the initiating state agency, the controlling order state, and any other state where a support order in the case was issued or registered, of the controlling order determination and any reconciled arrearages within 30 calendar days of receipt of the determination from the tribunal.

23 Subsection (d): Responding State Responsibilities (d)(6) Provide any necessary services as in an intrastate case, including: (d)(6) (revised) (i) Establish paternity and, if the agency elects, seek a judgment for costs (ii) Establish a support order (iii) Report overdue support to Consumer Reporting Agencies (new) (iv) Process and enforce support orders using appropriate remedies and submit the case for appropriate federal remedies (v) Collect and monitor support payments and forward to location specified by the initiating agency. Must include sufficient information to identify the case, date of collection, and responding state’s case identifier and locator code (vi) Review and adjust support orders upon request

24 Subsection (d): Responding State Responsibilities (d)(7) Provide notice to the initiating agency in advance of any hearing (not just formal hearings) that may result in establishment or adjustment of an order. (revised) (d)(8) Identify any fees or costs deducted from support payments when forwarding payments to the initiating agency. (existing)

25 Subsection (d): Responding State Responsibilities (d)(9) Stop the responding state’s income withholding order or notice and close the intergovernmental case within 10 working days of receipt of instructions for case closure from an initiating state under paragraph (c)(12) of this section, unless the two states reach an alternative agreement. (new) (d)(10) Notify the initiating agency when a case is closed pursuant to one of the case closure criteria under 303.7(d)(9) and (b)(12) through (14). (existing revised)

26 Subsection (e): Payment and Recovery of Costs in Intergovernmental IV-D Cases (e)(1) Responding state IV-D agency pays costs incurred in processing interstate cases, including cost of genetic testing. If paternity is established, and at the state’s election, judgment may be sought against alleged father who denied paternity for testing costs. (revised) (e)(2) Permits cost recovery in intergovernmental non-IV-A cases EXCEPT agency may not recover costs from a Foreign Reciprocating Country or foreign obligee in that FRC. (revised)

27 Case Closure Criteria (§303.11) (b) A case is eligible for case closure if… (b)(12) the state IV-D agency documents failure by the initiating agency to take an action which is essential for the next step in providing services. (existing) Note: a notification process under (c) is required before the responding state closes the case. (b)(13) the initiating agency has notified the responding state that the initiating state has closed its case under §303.7(c)(11). (new) (b)(14) the initiating agency has notified the responding state that its intergovernmental services are no longer needed. (new)

28 Summary: Responding State Case Closure A responding state may close an intergovernmental case if: It can document non-cooperation by the initiating agency, and provides proper notice to the initiating agency [§303.11(b)(12) and (c)]. It is notified that the initiating state has closed its case [§303.11(b)(13); corresponds with initiating state responsibility under §303.7(c)(11)]. It is notified that the initiating agency no longer needs its services [§303.11(b)(14)]. A responding state must close an interstate case if: The initiating state instructs it to stop income withholding and close its intergovernmental case [§303.7(d)(9); corresponds with initiating state responsibility under §303.7(c)(12)]. When a responding state closes an intergovernmental Case, it must notify the initiating agency [§303.7(d)(10)].

29 Standards for Determining Substantial Compliance with IV-D Requirements (§305.63) Conforming changes to correct outdated cross- references and to include cross-references to the new §303.7.

30 Required Program Compliance Criteria (§308.2) Paragraph (g) revised to replace “interstate” with “intergovernmental,” and to make conforming changes to correct outdated cross-references and include cross- references to the new § Two new program compliance criteria for State Self Assessments (g)(1)(vi) and (2)(vi) 30 working days for a state to provide any information requested for a controlling order determination and reconciliation of arrearages, or notify the state IV-D agency when the information will be provided, pursuant to §303.7(a)(6) Applies to both initiating and responding states (g)(1)(iv) 10 working days for the initiating state to notify the responding agency that it has closed its case pursuant to §303.7(c)(11)

31 State Plan Amendments States are required to resubmit 2 state plan preprint pages to certify compliance with the Intergovernmental Child Support Final Rule. 1. Preprint page 2.6 is revised and now titled Provision of Services in Intergovernmental IV-D Cases 2. Preprint page 2.15, Annual State Self-Assessment Review and Report, has not been revised State plan amendments are due by March 31, 2011.

32 Helpful Resources AT-08-02: Distribution of Federally Approved Standard Intergovernmental Child Support Enforcement (CSE) Forms AT-08-12: Notice of Proposed Rulemaking: Child Support Enforcement Program; Intergovernmental Child Support AT-10-06: Final Rule: Intergovernmental Child Support

33 Questions and Answers

34 Contact Information Eliza Lowe Policy Program Specialist OCSE, Division of Policy LaShawn Williams Policy Program Specialist OCSE, Division of Policy