[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: 45CFR302.85]

[Page 235]
 
                        TITLE 45--PUBLIC WELFARE
 
PART 302--STATE PLAN REQUIREMENTS--Table of Contents
 
Sec. 302.85  Mandatory computerized support enforcement system.

    (a) General. The State plan shall provide that the State will have 
in effect a computerized support enforcement system:
    (1) By October 1, 1997, which meets all the requirements of Title 
IV-D of the Act which were enacted on or before the date of enactment of 
the Family Support Act of 1988, Pub. L. 100-485, in accordance with 
Sec.Sec. 307.5 and 307.10 of this chapter and the OCSE guideline 
entitled ``Automated Systems for Child Support Enforcement: A Guide for 
States.'' This guide is available from the Child Support Information 
Systems Division, Office of State Systems, ACF, 370 L'Enfant Promenade, 
SW., Washington, DC 20447; and
    (2) By October 1, 2000, which meets all the requirements of title 
IV-D of the Act enacted on or before the date of enactment of the 
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, 
Pub. L. 104-193, in accordance with Sec.Sec. 307.5 and 307.11 of this 
chapter and the OCSE guideline referenced in paragraph (a)(1) of this 
section.
    (b) Waiver--(1) Request for waiver. The State may apply for a waiver 
of any condition for initial approval of an APD in Sec. 307.15(b) of 
this chapter, or any system functional requirement in Sec. 307.10 of 
this chapter, by the submission of a request for waiver under Sec. 307.5 
of this chapter.
    (2) Basis for granting waiver. The Secretary will grant a State a 
waiver if a State demonstrates that it has an alternative approach to 
APD requirements or an alternative system configuration, as defined in 
Sec. 307.1 of this chapter, that enables the State, in accordance with 
part 305 of this chapter, to be in substantial compliance with all other 
requirements of this chapter; and either:
    (i) The waiver request meets the criteria set forth in section 
1115(c)(1), (2) and (3) of the Act; or
    (ii) The State provides written assurances that steps will be taken 
to otherwise improve the State's Child Support Enforcement program.

[57 FR 47002, Oct. 14, 1992, as amended at 61 FR 67241, Dec. 20, 1996; 
63 FR 44814, Aug. 21, 1998]