[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: 45CFR308.2]

[Page 297-300]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 308_ANNUAL STATE SELF-ASSESSMENT REVIEW AND REPORT--Table of Contents
 
Sec. 308.2  Required program compliance criteria.

    (a) Case closure. (1) The State must have and use procedures for 
case closure pursuant to Sec. 303.11 of this chapter in at least 90 
percent of the closed cases reviewed.
    (2) If a IV-D case was closed during the review period, the State 
must determine whether the case met requirements pursuant to Sec. 
303.11 of this chapter.
    (b) Establishment of paternity and support order. The State must 
have and use procedures required in this paragraph in at least 75 
percent of the cases reviewed.
    (1) If an order for support is required and established during the 
review period, the case meets the requirements, notwithstanding the 
timeframes for: establishment of cases as specified in Sec. 303.2(b) of 
this chapter; provision of services in interstate IV-D cases per Sec. 
303.7(a), (b), (c)(4) through (6), and (c) (8) and (9) of this chapter; 
and location and support order establishment under Sec. Sec. 
303.3(b)(3) and (5), and 303.4(d) of this chapter.
    (2) If an order was required, but not established during the review 
period, the State must determine the last required action and determine 
whether the action was taken within the appropriate timeframe. The 
following is a list of possible last actions:
    (i) Opening a case within 20 days pursuant to Sec. 303.2(b) of this 
chapter;
    (ii) If location activities are necessary, using all appropriate 
sources within 75 days pursuant to Sec. 303.3(b)(3) of this chapter. 
This includes all the following locate sources as appropriate: custodial 
parent, Federal and State Parent Locator Services, U.S. Postal Service, 
State employment security agency, employment data, Department of Motor 
Vehicles, and credit bureaus;
    (iii) Repeating location attempts quarterly and when new information 
is received in accordance with Sec. 303.3(b)(5) of this chapter;
    (iv) Establishing an order or completing service of process 
necessary to commence proceedings to establish a support order, or if 
applicable, paternity, within 90 days of locating the non-custodial 
parent, or documenting unsuccessful attempts to serve process in 
accordance with the State's guidelines defining diligent efforts 
pursuant to Sec. Sec. 303.3(c) and 303.4(d) of this chapter.
    (c) Enforcement of orders. A State must have and use procedures 
required under this paragraph in at least 75 percent of the cases 
reviewed. Enforcement cases include cases in which ongoing income 
withholding is in place as well as cases in which new or repeated 
enforcement actions were required during the review period.
    (1) If income withholding was appropriate and a withholding 
collection was received during the last quarter of the review period and 
the case was submitted for Federal and State income tax refund offset, 
if appropriate, the case meets the requirements of Sec. 303.6(c)(3) of 
this chapter, notwithstanding the timeframes for: establishment of cases 
in Sec. 303.2(b) of this chapter; provision of services in interstate 
IV-D cases under Sec. 303.7(a), (b), (c)(4) through (6), and (c) (8) 
and (9) of this chapter; and location and income withholding in 
Sec. Sec. 303.3(b)(3) and (5), and 303.100 of this chapter.
    (2) If income withholding was not appropriate, and a collection was 
received during the review period, and the case was submitted for 
Federal and State income tax refund offset, if appropriate, then the 
case meets the requirements of Sec. 303.6(c)(3) of this chapter, 
notwithstanding the timeframes for: establishment of cases in Sec. 
303.2(b) of this chapter; provision of services in interstate IV-D cases 
under Sec. 303.7(a), (b), (c)(4) through (6) and (c) (8) and (9) of 
this chapter; and location and enforcement of support obligations in 
Sec. Sec. 303.3(b)(3) and (5), and 303.6 of this chapter.
    (3) If an order needed enforcement during the review period, but 
income was not withheld or other collections were not received (when 
income withholding could not be implemented), the State must determine 
the last required

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action and determine whether the action was taken within the appropriate 
timeframes. The following is a list of possible last required actions:
    (i) If location activities are necessary, using all appropriate 
location sources within 75 days pursuant to Sec. 303.3(b)(3) of this 
chapter. Location sources include: custodial parent, Federal and State 
Parent Locator Services, U.S. Postal Service, State employment security 
agency, Department of motor vehicles, and credit bureaus;
    (ii) Repeating attempts to locate quarterly and when new information 
is received pursuant to Sec. 303.3(b)(5) of this chapter;
    (iii) If there is no immediate income withholding order, initiating 
income withholding upon identifying a delinquency equal to one month's 
arrears, in accordance with Sec. 303.100(c) of this chapter;
    (iv) If immediate income withholding is ordered, sending a notice to 
the employer directing the employer to withhold from the income of the 
employee an amount equal to the monthly (or other periodic) support 
obligation (including any past due support obligation) of the employee, 
within:
    (A) Two business days after the date information regarding a newly 
hired employee is entered into the State Directory of New Hires and in 
which an information comparison conducted under section 453A(f) of the 
Act reveals a match;
    (B) Two business days after receipt of notice of, and the income 
source subject to withholding from a court, another State, an employer, 
the FPLS or another source recognized by the State.
    (v) If income withholding is not appropriate or cannot be 
implemented, taking an appropriate enforcement action (other than 
Federal and State income tax refund offset), unless service of process 
is necessary, within no more than 30 days of identifying a delinquency 
or identifying the location of the non-custodial parent, whichever 
occurs later in accordance with Sec. 303.6(c)(2) of this chapter;
    (vi) If income withholding is not appropriate or cannot be 
implemented and service of process is needed, taking an appropriate 
enforcement action (other than Federal and State income tax refund 
offset), within no more than 60 days of identifying a delinquency or 
locating the non-custodial parent, whichever occurs later, or 
documenting unsuccessful attempts to serve process in accordance with 
the State's guidelines for defining diligent efforts and Sec. 
303.6(c)(2) of this chapter;
    (vii) If the case has arrearages, submitting the case for Federal 
and State income tax refund offset during the review period, if 
appropriate, in accordance with Sec. Sec. 303.72, 303.102 and 
303.6(c)(3) of this chapter.
    (d) Disbursement of collections. A State must have and use 
procedures required in this paragraph in at least 75 percent of the 
cases reviewed. With respect to the last payment received for each case:
    (1) States must determine whether disbursement of collection was 
made within two business days after receipt by the State Disbursement 
Unit from the employer or other source of periodic income in accordance 
with section 457(a) of the Act, if sufficient information identifying 
the payee is provided pursuant to section 454B(c) of the Act.
    (2) States may delay the distribution of collections toward 
arrearages until resolution of any timely appeals with respect to such 
arrearages pursuant to section 454B(c)(2) of the Act.
    (e) Securing and enforcing medical support orders. A State must have 
and use procedures required under this paragraph in at least 75 percent 
of the cases reviewed. A State must:
    (1) Determine whether all support orders established during the 
review period included medical support. If not, determine whether 
medical support was included in the petition for support to the court or 
administrative authority pursuant to sec. 466(a)(19) of the Act and 
Sec. 303.31(b)(1) of this chapter.
    (2) If a requirement for medical support is included in the order, 
determine whether steps were taken to determine if reasonable health 
insurance was available pursuant to Sec. 303.31(a)(1) and (b)(7) of this 
chapter.
    (3) If reasonable health insurance was available, but not obtained, 
determine whether steps were taken to enforce the order pursuant to 
Sec. 303.31(b)(7) of this chapter.

[[Page 299]]

    (4) Determine whether the IV-D agency informed the Medicaid agency 
that coverage had been obtained when health insurance was obtained 
during the review period pursuant to Sec. 303.31(b)(6) of this chapter.
    (5) Determine whether the custodial parent was provided with 
information regarding the policy when health insurance was obtained 
pursuant to Sec. 303.31(b)(5) of this chapter.
    (6) Determine whether the State requested employers providing health 
coverage to inform the State of lapses in coverage pursuant to Sec. 
303.31(b)(9) of this chapter.
    (7) Determine whether the State transferred notice of the health 
care provision to a new employer when a noncustodial parent was ordered 
to provide health insurance coverage and changed employment and the new 
employer provides health care coverage.
    (f) Review and adjustment of orders. A State must have and use 
procedures required under this paragraph in at least 75 percent of the 
cases reviewed.
    (1) If a case has been reviewed and meets the conditions for 
adjustment under State laws and procedures and Sec. 303.8 of this 
chapter and the order is adjusted or a determination is made as a result 
of a review during the self-assessment period that an adjustment is not 
needed in accordance with the State's guidelines for setting child 
support awards, the State will be considered to have taken appropriate 
action in that case, notwithstanding the timeframes for: establishment 
of cases in Sec. 303.2(b) of this chapter; provision of services in 
interstate IV-D cases under Sec. 303.7(a), (b), (c)(4) through (6), and 
(c) (8) and (9) of this chapter; and location and review and adjustment 
of support orders contained in Sec. Sec. 303.3(b)(3) and (5), and 303.8 
of this chapter.
    (2) If a case has not been reviewed, the State must determine the 
last required action and determine whether the action was taken within 
the appropriate timeframe. The following is a list of possible last 
required actions:
    (i) If location is necessary to conduct a review, using all 
appropriate location sources within 75 days of opening the case pursuant 
to Sec. 303.3(b)(3) of this chapter. Location sources include: 
custodial parent, Federal and State Parent Locator Services, U.S. Postal 
Service, State employment security agency, unemployment data, Department 
of Motor Vehicles, and credit bureaus;
    (ii) Repeating location attempts quarterly and when new information 
is received pursuant to Sec. 303.3(b)(5) of this chapter;
    (iii) Within 180 calendar days of receiving a request for a review 
or locating the non-requesting parent, whichever occurs later, 
conducting a review of the order and adjusting the order or determining 
that the order should not be adjusted pursuant to sec. 303.8(e) of this 
chapter;
    (iv) If an adjustment was made during the review period using cost 
of living or automated methods, giving both parties 30 days to contest 
any adjustment to that support order pursuant to sec. 466(a)(10)(A)(ii) 
of the Act.
    (3) The State must provide the custodial and non-custodial parents 
notices, not less often than once every three years, informing them of 
their right to request the State to review and, if appropriate, adjust 
the order. The first notice may be included in the order pursuant to 
sec. 466(a)(10)(C) of the Act.
    (g) Interstate services. A State must have and use procedures 
required under this paragraph in at least 75 percent of the cases 
reviewed. For all interstate cases requiring services during the review 
period, determine the last required action and determine whether the 
action was taken during the appropriate timeframe:
    (1) Initiating interstate cases:
    (i) Except when using the State's long-arm statute for establishing 
paternity, if referral is appropriate, within 20 calendar days of 
determining that the non-custodial parent is in another State and, if 
appropriate, receipt of any necessary information needed to process the 
case, referring that case to the responding State's interstate central 
registry for action pursuant to Sec. 303.7(b)(2) of this chapter.
    (ii) If additional information is requested, providing the 
responding State's central registry with requested additional 
information within 30 calendar days of the request pursuant to Sec. 
303.7(b)(4) of this chapter.
    (iii) Upon receipt of new information on a case, notifying the 
responding

[[Page 300]]

State of that information within 10 working days pursuant to Sec. 
303.7(b)(5) of this chapter.
    (iv) Within 20 calendar days after receiving a request for review 
and adjustment pursuant to Sec. 303.7(b)(6) of this chapter.
    (2) Responding interstate cases:
    (i) Within 10 working days of receipt of an interstate IV-D case, 
the central registry reviewing submitted documentation for completeness, 
forwarding the case to the State Parent Locator Service (PLS) for locate 
or to the appropriate agency for processing, acknowledging receipt of 
the case and requesting any missing documentation from the initiating 
State, and informing the IV-D agency in the initiating State where the 
case was sent for action, pursuant to Sec. 303.7(a)(2) of this chapter.
    (ii) The Central registry responding to inquiries from other States 
within five working days of a receipt of request for case status review 
pursuant to Sec. 303.7(a)(4) of this chapter.
    (iii) Within 10 days of locating the non-custodial parent in a 
different jurisdiction or State, forwarding the case in accordance with 
Federal requirements pursuant to Sec. Sec. 303.7(c)(5) and (6) of this 
chapter.
    (iv) Within two business days of receipt of collections, forwarding 
any support payments to the initiating State pursuant to sec. 454B(c)(1) 
of the Act.
    (v) Within 10 working days of receipt of new information notifying 
the initiating State of that new information pursuant to Sec. 
303.7(c)(9) of this chapter.
    (h) Expedited processes. The State must have and use procedures 
required under this paragraph in the amounts specified in this paragraph 
in the cases reviewed for the expedited processes criterion.
    (1) In IV-D cases needing support orders established, 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 pursuant to Sec. 
303.101(b)(2)(i) of this chapter:
    (i) 75 percent in 6 months; and
    (ii) 90 percent in 12 months.
    (2) States may count as a success for the 6-month standard 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 non-
custodial parent.