[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: 45CFR301.13]

[Page 217-218]
 
                        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. 301.13  Approval of State plans and amendments.

    The State plan consists of written documents furnished by the State 
to cover its Child Support Enforcement program under title IV-D of the 
Act. After approval of the original plan by the Office, all relevant 
changes, required by new statutes, rules, regulations, interpretations, 
and court decisions, are required to be submitted currently so that the 
Office may determine whether the plan continues to meet Federal 
requirements and policies.
    (a) Submittal. State plans and revisions of the plans are submitted 
first to the State governor or his designee for review in accordance 
with Sec. 301.12, and then to the regional office. The States are 
encouraged to obtain consultation of the regional staff when a plan is 
in process of preparation or revision.
    (b) Review. The Office of Child Support Enforcement in the regional 
offices is responsible for review of State plans and amendments. It also 
initiates discussion with the IV-D agency on clarification of 
significant aspects of the plan which come to its attention in the 
course of this review. State plan material on which the regional staff 
has questions concerning the application of Federal policy is referred 
with recommendations as required to the Office of Child Support 
Enforcement in the central office for technical assistance. Comments and 
suggestions, including those of consultants in specified areas, may be 
prepared by the central office for use by the regional staff in 
negotiations with the IV-D agency.
    (c) Action. The Regional Office exercises delegated authority to 
take affirmative action on the State plan and amendments thereto on the 
basis of policy statements or precedents previously approved by the 
Director. The Director retains authority for determining that proposed 
plan material is not approvable, or that a previously approved plan no 
longer meets the requirements for approval, except that a final 
determination of disapproval may not be made without prior consultation 
and discussion by the Director with the Secretary. The Regional Office 
or the Director formally notifies the IV-D agency of the actions taken 
on the State plan or revisions thereto.
    (d) Basis for approval. Determinations as to whether the State plan 
(including plan amendments and administrative practice under the plan) 
originally meets or continues to meet the requirements for approval are 
based on relevant Federal statutes and regulations. Guidelines are 
furnished to assist in the interpretation of the regulations.
    (e) Prompt approval of the State plan. The determination as to 
whether the State plan submitted for approval conforms to the 
requirements for approval under the Act and regulations issued pursuant 
thereto shall be made promptly and not later than the 90th day following 
the date on which the plan submittal is received in the regional office, 
unless the Regional Office has secured from the IV-D agency

[[Page 218]]

a written agreement to extend that period.
    (f) Prompt approval of plan amendments. Any amendment of an approved 
State plan may, at the option of the State, be considered as a 
submission of a new State plan. If the State requests that such 
amendments be so considered, the determination as to its conformity with 
the requirements for approval shall be made promptly and not later than 
the 90th day following the date on which such a request is received in 
the Regional Office with respect to an amendment that has been received 
in such office, unless the Regional Commissioner has secured from the 
State agency a written agreement to extend that period.
    (g) Effective date. The effective date of a new plan may not be 
earlier than the first day of the calendar quarter in which an 
approvable plan is submitted.

(Approved by the Office of Management and Budget under control number 
0960-0253)

[40 FR 27147, June 26, 1975, as amended at 51 FR 37730, Oct. 24, 1986]