[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: 45CFR307.5]

[Page 286-287]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 307_COMPUTERIZED SUPPORT ENFORCEMENT SYSTEMS--Table of Contents
 
Sec. 307.5  Mandatory computerized support enforcement systems.

    (a) Basic requirement. (1) By October 1, 1997, each State must have 
in effect an operational computerized support enforcement system, which 
meets Federal requirements under Sec. 302.85(a)(1) of this chapter, 
OCSE will review each system to certify that these requirements are met; 
and
    (2) By October 1, 2000, each State must have in effect an 
operational computerized support enforcement system, which meets Federal 
requirements under Sec. 302.85(a)(2) of this chapter. OCSE will review 
each system to certify that these requirements are met.
    (b) Waiver option. A State may apply for a waiver of any functional 
requirement in Sec. 307.10, or Sec. 307.11 by presenting a plan for an 
alternative system configuration, or a waiver of any conditions for APD 
approval in Sec. 307.15(b) by presenting an alternative approach. 
Waiver requests must be submitted and approved as part of the State's 
APD or APD update.
    (c) Conditions for waiver. The Secretary may grant a State a waiver 
if:
    (1) The State demonstrates that it has an alternative approach to 
the APD requirements or an alternative system configuration that enables 
the State, in accordance with part 305 of this chapter, to be in 
substantial compliance with the other requirements of this chapter; and 
either:
    (2) The waiver request meets the criteria set forth in section 
1115(c) (1), (2) and (3) of the Act; or
    (3) The State provides written assurance that steps will be taken to 
otherwise improve the State's Child Support Enforcement program.
    (d) APD submittal requirements for alternative system configuration. 
APDs submitted by States which include requests for waiver for an 
alternative system configuration must, in addition to meeting conditions 
of Sec. 307.15(b):
    (1) Describe the State's base system;
    (2) Include a detailed description of the separate automated or 
manual processes the State plans to use and how they will interface with 
the base system;
    (3) Provide documentation that the alternative system configuration 
will enable the State to be in substantial compliance with title IV-D of 
the Act in accordance with section 403(h) of the Act and implementing 
regulations. In addition, if the State is subject to a Notice under 
Sec. 305.99 of this part that it did not substantially comply with one 
or more of the requirements of title IV-D of the Act, at the time a 
waiver request is submitted, the State must:
    (i) Demonstrate that the deficiency is not related to or caused by 
the performance of the system; or
    (ii) Specify the corrective action taken to modify the system if the 
system contributed to the deficiency.
    (e) APD submittal requirements for alternative approach. APDs 
submitted by States which include requests for waiver of conditions for 
APD approval in Sec. 307.15(b) must demonstrate why meeting the 
conditions is unnecessary or inappropriate.
    (f) Review of waiver requests. (1) The Office will review waiver 
requests to

[[Page 287]]

assure that all necessary information is provided, that all processes 
provide for effective and efficient program operation, and that the 
conditions for waiver in paragraph (d) of this section are met.
    (2) When a waiver is approved, it becomes part of the State's 
approved APD. A waiver is subject to the APD suspension provisions in 
Sec. 307.40.
    (3) When a waiver is disapproved, the APD will be disapproved. The 
APD disapproval is a final administrative decision and is not subject to 
administrative appeal.
    (g) FFP limitations. (1) The provisions of Sec. Sec. 307.30 and 
307.35 apply to requests for FFP for costs of computerized support 
enforcement systems.
    (2) FFP for alternative system configurations is further limited as 
follows:
    (i) FFP is available at the enhanced matching rate for development 
of the base system and for hardware, operational system software, and 
electronic linkages with the separate components of an alternative 
system configuration.
    (ii) FFP is available at the applicable matching rate for minor 
alterations to the separate automated or manual processes that are part 
of an alternative system configuration and for operating costs including 
hardware, operational software and applications software of a 
computerized support enforcement system.
    (iii) FFP is not available for developing new systems or making 
major changes and enhancements to separate automated or manual processes 
so that alternative system configurations meet conditions for waiver.

[57 FR 47003, Oct. 14, 1992, as amended at 61 FR 67241, Dec. 20, 1996; 
63 FR 44814, Aug. 21, 1998]