[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: 45CFR303.101]

[Page 260-261]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 303_STANDARDS FOR PROGRAM OPERATIONS--Table of Contents
 
Sec. 303.101  Expedited processes.

    (a) Definition. Expedited processes means administrative and 
judicial procedures (including IV-D agency procedures) required under 
section 466(a)(2) and (c) of the Act;
    (b) Basic requirement. (1) The State must have in effect and use, in 
interstate and intrastate cases, expedited processes as specified under 
this section to establish paternity and to establish, modify, and 
enforce support orders.
    (2) Under expedited processes:
    (i) In IV-D cases needing support order establishment, regardless of 
whether paternity has been established, action to establish support 
orders must be completed from the date of service of process to the time 
of disposition within the following timeframes: (A) 75 percent in 6 
months; and (B) 90 percent in 12 months.
    (ii) In IV-D cases where a support order has been established, 
actions to enforce the support order must be taken within the timeframes 
specified in Sec. Sec. 303.6(c)(2) and 303.100;
    (iii) For purposes of the timeframe at Sec. 303.101(b)(2)(i), in 
cases where the IV-D agency uses long-arm jurisdiction and disposition 
occurs within 12 months of service of process on the alleged father or 
noncustodial parent, the case may be counted as a success within the 6 
month tier of the timeframe, regardless of when disposition occurs in 
the 12 month period following service of process.
    (iv) Disposition, as used in paragraphs (b)(2)(i) and (iii) of this 
section, means the date on which a support order is officially 
established and/or recorded or the action is dismissed.
    (c) Safeguards. Under expedited processes:
    (1) Paternities and orders established by means other than full 
judicial process must have the same force and effect under State law as 
paternities and orders established by full judicial process within the 
State;

[[Page 261]]

    (2) The due process rights of the parties involved must be 
protected;
    (3) The parties must be provided a copy of the voluntary 
acknowledgment of paternity, paternity determination, and/or support 
order;
    (4) Action taken may be reviewed under the State's generally 
applicable administrative or judicial procedures.
    (d) Functions. The functions performed by presiding officers under 
expedited processes must include at minimum:
    (1) Taking testimony and establishing a record;
    (2) Evaluating evidence and making recommendations or decisions to 
establish paternity and to establish and enforce orders;
    (3) Accepting voluntary acknowledgment of paternity or support 
liability and stipulated agreements setting the amount of support to be 
paid;
    (4) Entering default orders upon a showing that process has been 
served on the defendant in accordance with State law, that the defendant 
failed to respond to service in accordance with State procedures, and 
any additional showing required by State law; and
    (5) Ordering genetic tests in contested paternity cases in 
accordance with Sec. 303.5(d)(1).
    (e) Exemption for political subdivisions. A State may request an 
exemption from any of the requirements of this section for a political 
subdivision on the basis of the effectiveness and timeliness of 
paternity establishment, support order issuance or enforcement within 
the political subdivision in accordance with the provisions of Sec. 
302.70(d) of this chapter.

(Approved by the Office of Management and Budget under control number 
0960-0385)

[50 FR 19655, May 9, 1985, as amended at 50 FR 23958, June 7, 1985; 59 
FR 66251, Dec. 23, 1994; 64 FR 6252, Feb. 9, 1999; 68 FR 25305, May 12, 
2003]