Exemption Requests from Mandatory Laws and Procedures

ACTION TRANSMITTAL

AT-19-07

DATE: December 11, 2019

TO: State IV-D Agencies

SUBJECT: Exemption Requests from Mandatory Laws and Procedures

ATTACHMENT: Mandatory Laws and Procedures Exemption Instructions (PDF)

The Flexibility, Efficiency, and Modernization in Child Support Enforcement Programs final rule, published on December 20, 2016, amended 45 CFR 302.70(d)(2) by extending the exemption period from three to five years. This Action Transmittal provides the revised instructions states must follow when applying for an exemption from mandatory laws and procedures.

The state plan provision at section 454(20) of the Social Security Act requires states to have in effect and use the laws and procedures specified in section 466 of the Act to improve the effectiveness of child support enforcement programs. However, states may apply for an exemption from implementing one or more of these laws and procedures which may be approved if a state demonstrates to the satisfaction of the Secretary that the mandated law or procedure will not increase the efficiency or effectiveness of the state IV-D program through the presentation to the Secretary of such data pertaining to caseloads, processing times, administrative costs, and average support collections, and such other data or estimates as the Secretary may specify, in accordance with section 466(d) of the Act .

The following topics are addressed:

• Mandatory Laws and Procedures
• Exemption Process and Submission Material
• Exemption Categories
• Revocation of Exemption or Disapproval of Request for Extension
• Certification of Implementation of Mandatory Procedures

SUPERSEDES: AT-07-06, AT-97-02

INQUIRIES: ACF OCSE Regional Program Managers

Scott M. Lekan
Commissioner
Office of Child Support Enforcement