[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR302.33]

[Page 224-226]
 
                        TITLE 45--PUBLIC WELFARE
 
PART 302--STATE PLAN REQUIREMENTS--Table of Contents
 
Sec. 302.33  Services to individuals not receiving title IV-A or title IV-E 
foster care assistance.

    (a) Availability of Services. (1) The State plan must provide that 
the services established under the plan shall be made available to any 
individual who:
    (i) Files an application for the services with the IV-D agency. In 
an interstate case, only the initiating State may require an application 
under this section; or
    (ii) Is a non-IV-A Medicaid recipient; or
    (iii) Has been receiving IV-D services and is no longer eligible for 
assistance under the title IV-A, IV-E foster care, and Medicaid program.
    (2) The State may not require an application, other request for 
services or an application fee from any individual who is eligible to 
receive services under paragraphs (a)(1) (ii) and (iii) of this section. 
If an individual receiving services under paragraph (a)(1)(iii) of this 
section refuses services in response to a notice under paragraph (a)(4) 
of this section, and subsequently requests services, that individual 
must file an application and pay an application fee.
    (3) The State may not charge fees or recover costs from any 
individual who is eligible to receive services under paragraph 
(a)(1)(ii) of this section.

[[Page 225]]

    (4) Whenever a family is no longer eligible for assistance under the 
State's title IV-A, IV-E foster care, and Medicaid programs, the IV-D 
agency must notify the family, within five working days of the 
notification of ineligibility, that IV-D services will be continued 
unless the IV-D agency is notified to the contrary by the family. The 
notice must inform the family of the consequences of continuing to 
receive IV-D services, including the available services and the State's 
fees, cost recovery and distribution policies.
    (5) The State must provide all appropriate IV-D services, in 
addition to IV-D services related to securing medical support, to all 
individuals who are eligible to receive services under paragraph 
(a)(1)(ii) of this section unless the individual notifies the State that 
only IV-D services related to securing medical support are wanted.
    (b) Definitions. For purposes of this section:
    Applicant's income means the disposable income available for the 
applicant's use under State law.
    (c) Application fee. (1) Beginning October 1, 1985, the State plan 
must provide that an application fee will be charged for each individual 
who applies for services under this section. Under this paragraph:
    (i) The State shall collect the application fee from the individual 
applying for IV-D services or pay the application fee out of State 
funds.
    (ii) The State may recover the application fee from the noncustodial 
parent who owes a support obligation to a non-IV-A family on whose 
behalf the IV-D agency is providing services and repay it to the 
applicant or itself.
    (iii) State funds used to pay an application fee are not program 
expenditures under the State plan but are program income under Sec. 
304.50 of this chapter.
    (iv) Any application fee charged must be uniformly applied on a 
statewide basis and must be:
    (A) 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); or
    (B) An amount based on a fee schedule not to exceed the flat dollar 
amount specified in paragraph (c)(2)(iv)(A) of this section. The fee 
schedule must be based on the applicant's income.
    (v) The State may allow the jurisdiction that collects support for 
the State under this part to retain any application fee collected under 
this section.
    (2) In an interstate case, the application fee is charged by the 
State where the individual applies for services under this section.
    (d) Recovery of costs. (1) The State may elect in its State plan to 
recover any costs incurred in excess of any fees collected to cover 
administrative costs under the IV-D State plan. A State which elects to 
recover costs shall collect on a case by case basis either excess actual 
or standardized costs:
    (i) From the individual who owes a support obligation to a non-IV-A 
family on whose behalf the IV-D agency is providing services under this 
section; or
    (ii) From the individual who is receiving IV-D services under 
paragraph (a)(1) (i) or (iii) of this section, either directly or from 
the support collected on behalf of the individual, but only if the State 
has in effect a procedure for informing all individuals authorized 
within the State to establish an obligation for support that the State 
will recover costs from the individual receiving IV-D services under 
paragraphs (a)(1) (i) and (iii) of this section.
    (2) A State that recovers standardized costs under paragraph (d)(1) 
of this section shall develop a written methodology to determine 
standardized costs which are as close to actual costs as is possible. 
This methodology must be made available to any individual upon request.
    (3) The IV-D agency shall not treat any amount collected from the 
individual as a recovery of costs under paragraph (d)(1)(i) of this 
section except amounts which exceed the current support owed by the 
individual under the obligation.
    (4) If a State elects to recover costs under paragraph (d)(1)(ii) of 
this section, the IV-D agency may attempt to seek reimbursement from the 
individual who owes a support obligation

[[Page 226]]

for any costs paid by the individual who is receiving IV-D services and 
pay all amounts reimbursed to the individual who is receiving IV-D 
services.
    (5) If a State elects to recover costs under this section, the IV-D 
agency must notify, consistent with the option selected, either the 
individual who is receiving IV-D services under paragraphs (a)(1) (i) or 
(iii) of this section, or the individual who owes a support obligation 
that such recovery will be made. In an interstate case, the IV-D agency 
where the case originated must notify the individual receiving IV-D 
services of the States that recover costs.
    (6) The IV-D agency must notify the IV-D agencies in all other 
States if it recovers costs from the individual receiving IV-D services.


(Approved by the Office of Management and Budget under control numbers 
0960-0253, 0960-0385, 0960-0402, and 0970-0107)

[49 FR 36772, Sept. 19, 1984, as amended at 50 FR 19648, May 9, 1985; 51 
FR 37731, Oct. 24, 1986; 56 FR 8003, Feb. 26, 1991; 61 FR 67240, Dec. 
20, 1996]