Final Rule: Modifications to Performance Standards During Natural Disasters and Other Calamities

ACTION TRANSMITTAL

ACF-OCSS-AT-24-03

DATE: March 4, 2024

TO: State IV-D Agencies

SUBJECT: Final Rule: Modifications to Performance Standards During Natural Disasters and Other Calamities

The Modifications to Performance Standards During Natural Disasters and Other Calamities final rule was published on March 4, 2024, in Federal Register Volume 89, Number 43 on Page Number 15475  (PDF).  

The impact of the COVID-19 public health emergency on state child support operations illuminated the need for the federal government to have the capacity to quickly provide relief to states from program penalties where possible. During the COVID-19 pandemic, states experienced significant workload burdens and service backlogs due to disruptions to state child support program operations and court closures. In response, ACF added 45 CFR 305.61(e) to provide time-limited relief, specific to the impact of COVID-19, to modify the Paternity Establishment Percentage for federal fiscal years 2020, 2021, and 2022. 

Due to the lengthy rulemaking process necessary to provide temporary relief to states, ACF sought to find a more expeditious solution to provide timely relief to states in the event of future emergencies. This final rule will allow OCSS to provide prompt relief to state programs without having to engage in a rulemaking process. 

Effective immediately, this final rule provides the Secretary with ongoing authority to provide targeted and time-limited relief to states from certain child support program performance penalties when natural disasters and other calamities impact program operations, preventing the state from achieving the required program performance measures. 

OCSS received several comments that led to improving the contents of the rule as follows: 

• Under subsection 305.61(f)(4)(ii), we adopted a suggestion to make our language more precise by changing: “Information substantiating the impracticability of compliance with the standards, including a description of the specific conditions caused by the natural disaster or other calamity which make compliance impracticable, including preliminary data provided by the state …” to “Information substantiating the impact of the natural disaster or other calamity on the state’s ability to comply with the standards, including a description of the specific conditions caused by the natural disaster or other calamity that have, or may have, a significant impact on the state’s ability to comply, and preliminary data provided by the state …”.
• Under subsection 305.61(f)(5)(i), we changed “[h]as not or will not meet …” to “[h]as not, or may not meet …” at the suggestion of one commenter who stated that it is overly strict to require states to demonstrate that they “will not meet one or more existing performance requirements, such that a performance penalty would apply.”
• Under subsection 305.61(f)(6), we included the provision that the Secretary must provide a written decision to a state within 30-calendar days after receipt of the written request by the state’s chief executive officer.  This change was made in response to several commenters recommending that a timeframe for OCSS to respond to state applications for relief should be included in the rule.

This rule allows OCSS to modify the requirements for states to meet the following performance standards: 

• Paternity establishment performance standard of 90% under 45 CFR 305.40(a)(1) 
• Support order establishment standard of 40% under 45 CFR 305.40(a)(2)
• Current collections performance standard of 35% under 45 CFR 305.40(a)(3)

This rule sets forth the process by which states may request and OCSS may adjust these performance standards to a lower level to avoid imposing financial penalties on states, and modify requirements to avoid imposing penalties due to adverse data reliability audit findings. 

REFERENCES: 45 CFR Part 305

ACTION REQUIRED: No action required

EFFECTIVE DATE: Effective immediately

INQUIRIES: Please contact your ACF OCSS Regional Program Manager.

Tanguler Gray
Commissioner
Office of Child Support Services