[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: 45CFR305.1]

[Page 272-273]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 305_PROGRAM PERFORMANCE MEASURES, STANDARDS, FINANCIAL INCENTIVES, 
AND PENALTIES--Table of Contents
 
Sec. 305.1  Definitions.

    The definitions found in Sec. 301.1 of this chapter are also 
applicable to this part. In addition, for purposes of this part:
    (a) The term IV-D case means a parent (mother, father, or putative 
father) who is now or eventually may be obligated under law for the 
support of a child or children receiving services under the title IV-D 
program. A parent is a separate IV-D case for each family with a 
dependent child or children that the parent may be obligated to support. 
If both parents are absent and liable or potentially liable for support 
of a child or children receiving services under the IV-D program, each 
parent is considered a separate IV-D case. In counting cases for the 
purposes of this part, States may exclude cases closed under Sec. 
303.11 and cases over which the

[[Page 273]]

State has no jurisdiction. Lack of jurisdiction cases are those in which 
a non-custodial parent resides in the civil jurisdictional boundaries of 
another country or federally recognized Indian Tribe and no income or 
assets of this individual are located or derived from outside that 
jurisdiction and the State has no other means through which to enforce 
the order.
    (b) The term Current Assistance collections means collections 
received and distributed on behalf of individuals whose rights to 
support are required to be assigned to the State under title IV-A of the 
Act, under title IV-E of the Act, or under title XIX of the Act. In 
addition, a referral to the State's IV-D agency must have been made.
    (c) The term Former Assistance collections means collections 
received and distributed on behalf of individuals whose rights to 
support were formerly required to be assigned to the State under title 
IV-A (TANF or Aid to Families with Dependent Children, AFDC), title IV-E 
(Foster Care), or title XIX (Medicaid) of the Act.
    (d) The term Never Assistance/Other collections means all other 
collections received and distributed on behalf of individuals who are 
receiving child support enforcement services under title IV-D of the 
Act.
    (e) The term total IV-D dollars expended means total IV-D 
administrative expenditures claimed by a State in a specified fiscal 
year adjusted in accordance with Sec. 305.32 of this part.
    (f) The term Consumer Price Index or CPI means the last Consumer 
Price Index for all-urban consumers published by the Department of 
Labor. The CPI for a fiscal year is the average of the Consumer Price 
Index for the 12-month period ending on September 30 of the fiscal year.
    (g) The term State incentive payment share for a fiscal year means 
the incentive base amount for the State for the fiscal year divided by 
the sum of the incentive base amounts for all of the States for the 
fiscal year.
    (h) The term incentive base amount for a fiscal year means the sum 
of the State's performance level percentages (determined in accordance 
with Sec. 305.33) multiplied by the State's corresponding maximum 
incentive base on each of the following measures:
    (1) The paternity establishment performance level;
    (2) The support order performance level;
    (3) The current collections performance level;
    (4) The arrears collections performance level; and
    (5) the cost-effectiveness performance level.
    (i) The term reliable data, means the most recent data available 
which are found by the Secretary to be reliable and is a state that 
exists when data are sufficiently complete and error free to be 
convincing for their purpose and context. State data must meet a 95 
percent standard of reliability effective beginning in fiscal year 2001. 
This is with the recognition that data may contain errors as long as 
they are not of a magnitude that would cause a reasonable person, aware 
of the errors, to doubt a finding or conclusion based on the data.
    (j) The term complete data means all reporting elements from OCSE 
reporting forms, necessary to compute a State's performance levels, 
incentive base amount, and maximum incentive base amount, have been 
provided within timeframes established in instructions to these forms 
and Sec. 305.32(f) of this part.