[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR301.1]

[Page 215-216]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 301_STATE PLAN APPROVAL AND GRANT PROCEDURES--Table of Contents
 
Sec. 301.1  General definitions.

    When used in this chapter, unless the context otherwise indicates:
    Act means the Social Security Act, and the title referred to is 
title IV-D of that Act.
    Applicable matching rate means the rate of Federal funding of State 
IV-D programs' administrative costs for the appropriate fiscal year. The 
applicable matching rate for FY 1990 and thereafter is 66 percent.
    Assigned support obligation means, unless otherwise specified, any 
support obligation which has been assigned to the State under section 
408(a)(3) of the Act or section 471(a)(17) of the Act, or any medical 
support obligation or payment for medical care from any third party 
which has been assigned to the State under 42 CFR 433.146.
    Assignment means, unless otherwise specified, any assignment of 
rights to support under section 408(a)(3) of the Act or section 
471(a)(17) of the Act, or any assignment of rights to medical support 
and to payment for medical care from any third party under 42 CFR 
433.146.
    Birthing hospital means a hospital that has an obstetric care unit 
or provides obstetric services, or a birthing center associated with a 
hospital. A birthing center is a facility outside a hospital that 
provides maternity services.
    Central registry means a single unit or office within the State IV-D 
agency which receives, disseminates and has oversight responsibility for 
processing incoming interstate IV-D cases, including UIFSA petitions and 
requests for wage withholding in IV-D cases and, at the option of the 
State, intrastate IV-D cases.
    Department means the Department of Health and Human Services.
    Director means the Director, Office of Child Support Enforcement, 
who is the Secretary's designee to administer the Child Support 
Enforcement program under title IV-D.
    Federal PLS means the Parent Locator Service operated by the Office 
of Child Support Enforcement pursuant to section 452(a)(9) of the Act.
    IV-D Agency means the single and separate organizational unit in the 
State that has the responsibility for administering or supervising the 
administration of the State plan under title IV-D of the Act.
    Medicaid means medical assistance provided under a State plan 
approved under title XIX of the Act.
    Medicaid agency means the single State agency that has the 
responsibility for the administration of, or supervising the 
administration of, the State plan under title XIX of the Act.
    Non-IV-A Medicaid recipient means any individual who has been 
determined eligible for or is receiving Medicaid under title XIX of the 
Act but is not receiving, nor deemed to be receiving, title IV-A under 
title IV-A of the Act.
    Office means the Office of Child Support Enforcement which is the 
separate organizational unit within the Department with the 
responsibility for the

[[Page 216]]

administration of the program under this title.
    Overdue support means a delinquency pursuant to an obligation 
determined under a court order, or an order of an administrative process 
established under State law, for support and maintenance of a minor 
child, which is owed to or on behalf of the child, or for the 
noncustodial parent's spouse (or former spouse) with whom the child is 
living, but only if a support obligation has been established with 
respect to the spouse and the support obligation established with 
respect to the child is being enforced under State's IV-D plan. At the 
option of the State, overdue support may include amounts which otherwise 
meet the definition in the previous sentence but which are owed to or on 
behalf of a child who is not a minor child. The option to include 
support owed to children who are not minors applies independently to the 
procedures required under Sec. 302.70 of this chapter.
    Past-due support means the amount of support determined under a 
court order or an order of an administrative process established under 
State law for support and maintenance of a child or of a child and the 
parent with whom the child is living, which has not been paid. For 
purposes of referral for Federal income tax refund offset of support due 
an individual who is receiving services under Sec. 302.33 of this 
chapter, past-due support means support owed to or on behalf of a 
qualified child, or a qualified child and the parent with whom the child 
is living if the same support order includes support for the child and 
the parent.
    Political subdivision means a legal entity of the State as defined 
by the State, including a legal entity of the political subdivision so 
defined, such as a Prosecuting or District Attorney or a Friend of the 
Court.
    Procedures means a written set of instructions which describe in 
detail the step by step actions to be taken by child support enforcement 
personnel in the performance of a specific function under the State's 
IV-D plan. The IV-D agency may issue general instructions on one or more 
functions, and delegate responsibility for the detailed procedures to 
the office, agency, or political subdivision actually performing the 
function.
    Qualified child means a child who is a minor or who, while a minor, 
was determined to be disabled under title II or XVI of the Act, and for 
whom a support order is in effect.
    Regional Office and Central Office refer to the Regional Offices and 
the Central Office of the Office of Child Support Enforcement, 
respectively.
    Secretary means the Secretary of Health and Human Services.
    Spousal support means a legally enforceable obligation assessed 
against an individual for the support of a spouse or former spouse who 
is living with a child or children for whom the individual also owes 
support.
    State means the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, Guam and American 
Samoa.
    The State plan means the State plan for child and spousal support 
under section 454 of the Act.
    State PLS means the service established by the IV-D agency pursuant 
to section 454(8) of the Act to locate parents.

[47 FR 57280, Dec. 23, 1982, as amended at 50 FR 19647, May 9, 1985; 50 
FR 23958, June 7, 1985; 50 FR 31719, Aug. 6, 1985; 53 FR 5256, Feb. 22, 
1988; 54 FR 32308, Aug. 4, 1989; 56 FR 8002, Feb. 26, 1991; 57 FR 30429, 
July 9, 1992; 58 FR 41437, Aug. 4, 1993; 59 FR 66249, Dec. 23, 1994; 61 
FR 67240, Dec. 20, 1996; 64 FR 6247, Feb. 9, 1999; 68 FR 25303, May 12, 
2003]