OCSS can waive certain program requirements or funding restrictions for child support agencies to carry out time-limited activities aimed at improving children's financial well-being.
This page provides useful resources on Section 1115 waivers, including how they are funded, the application and evaluation process, and technical assistance available. You'll also find information about assessing, designing, and developing pilot programs.
For more information on Section 1115 waivers, contact ocss.dpi@acf.hhs.gov.
What projects can a Section 1115 waiver fund?
With an approved waiver, child support agencies can use federal funds to conduct pilot or experimental activities, or deliver services that would not otherwise be allowable, to promote the objectives of the child support program and improve outcomes for children.
Some examples include:
- Legal services to establish parenting time with financial support orders
- Fatherhood, motherhood, co-parenting supports
- Restorative justice for families
- Fatherhood or responsible parenting programs
- Comprehensive employment and training programs
Visit the Knowledge Works and Tribal Employment Pathways pages for additional employment and training resources.
Policy Resources
ACF-OCSS-IM-24-03: Section 1115 Waivers - Update
Outlines OCSS waiver authority under Section 1115 of the Social Security Act and clarifies funding, waiver application and evaluation requirements, and available technical assistance.
ACF-OCSS-TDCL-24-02: Section 1115 Waiver Requests for Tribal Innovation
Clarifies how tribal child support programs can use Section 1115 waivers to fund experimental projects.
ACF-OCSS-IM-24-05: Section 1115 Waivers to Fund NCP Work Activities - Update
Provides information on the availability of Section 1115 waivers to fund noncustodial parent employment and training services projects.
Waiver Process
The state or tribal agency submits a waiver request or application with details of the project. See waiver application guidance and waiver application for more information. OCSS will schedule regular meetings during project start-up and implementation.
Waiver Resources
- Waiver process (PDF)
- Waiver application guidance (PDF)
- Waiver application form (DOCX)
- Sample waiver applications
- Michigan (PDF)
- Nooksack (PDF)
- Ponca (PDF) - Sample tribal waiver budget template (XLSX) and Tribal Child Support Budget Toolkit
- Sample waiver project terms and conditions (PDF)
Evaluation
Section 1115 requires the child support agency to evaluate the effects of the waiver project and submit the results for comparison and consideration.
The agency may use waiver funds to procure a third-party evaluator or do its own evaluation. ACF-OCSS-IM-24-03 explains what the evaluation plan must address.
Evaluation Resources
Information for States
Funding
The state's cost-sharing percentage is 34% as with regular child support program operations. The federal funding share is 66% to a maximum of $2 million for the duration of the project. The state's share cannot come from these sources:
- Incentive funding
- TANF funding
- State Maintenance of Effort funding
Public funds from other state agencies can be used as the agency share if the funds do not originally have a federal source. A waiver project can also be a public-private partnership if a foundation or other private funder contributes some or all of the agency’s share. By requesting a waiver from the requirement to fund the agency share with public dollars, the private investment becomes eligible for federal financial participation.
The state agency requesting a waiver must be able to invest new funds to pay their share of the cost of the pilot activities. Also, the state agency cannot redirect funds that would otherwise be spent on child support operations, as that would disadvantage children whose cases are not part of the pilot activities.
Reporting
Financial reporting:
SF-425 - Federal Financial Report
States will use this form to report financial expenditures quarterly.
Programmatic reporting:
SF-PPR (PDF) - Performance Progress Report
States will email the PPR to the federal project officer semi-annually.
OCSS will hold monthly calls to provide technical assistance and promote collaboration.
Information for Tribes
Funding
By submitting a Section 1115 waiver application, tribal child support programs can use program funds for otherwise unallowable activities.
Effective October 1, 2024, there is no cost-sharing requirement due to elimination of the tribal non-federal share (ACF-OCSS-AT-24-02) (45 CFR 309.130). The federal funding share is 100% with a maximum of $2 million for the duration of the project, up to five years.
Reporting
Financial reporting:
SF-425 - Federal Financial Report
Tribes will use this form to report financial expenditures quarterly.
Programmatic reporting:
OCSE-75 - Tribal Annual Data Report
Tribes will use this form to report program status and accomplishments annually.
OCSS will hold monthly calls to provide technical assistance and promote collaboration.