Responding to Specific Measures Requests from Hague Convention Countries
PIQ-23-01
POLICY INTERPRETATION QUESTIONS
PIQ-23-01
DATE: September 12, 2023
TO: State IV-D Directors
FROM: Tanguler Gray, Commissioner, Office of Child Support Services
SUBJECT: Responding to Specific Measures Requests from Hague Convention Countries
The purpose of this PIQ is to inform state child support agencies about requirements for responding to incoming “requests for specific measures” from Central Authorities of Hague Child Support Convention countries.
Requests for specific measures under the Hague Child Support Convention
Question 1: What are requests for specific measures under the Hague Child Support Convention?
Answer 1: Under the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (Convention) , a request for specific measures is a request for administrative cooperation by one Central Authority to another Central Authority where no application is pending under Article 10 for recognition, recognition and enforcement, establishment, enforcement, or modification. Specific measures requests under Article 7(1) are intended to help a potential applicant determine whether to make an application.
The Article 7(1) specific measures include assistance with:
- Determining the location of a debtor or creditor
- Obtaining information about the income and financial circumstances of a creditor or debtor, including location of assets
- Obtaining documents or evidence
- Determining parentage of a child
- Obtaining interim or provisional measures
- Service of documents
A request for specific measures under Article 7(1) needs to be “supported by reasons” as to why it’s necessary to help a potential applicant make a Convention application or determine whether to initiate an application.
For a detailed discussion of requests for specific measures, see the Practical Handbook for Caseworkers under the 2007 Child Support Convention
(PDF), Chapters 1, 13, and 14.
State responsibilities
Question 2: Is there a Hague form for processing requests for specific measures?
Answer 2: Yes. The 2022 Special Commission meeting on the operation of the Convention approved a Request for Specific Measures form and a Request for Specific Measures - Response form to be used to process these requests between the Central Authorities of Convention countries. OMB approved these new forms, along with the other Convention case processing forms. See AT-23-03.
The Request for Specific Measures form allows the requesting country to choose from six specific measures under Article 7(1) (question 6 on the form) and explain the reasons for the request (question 4 on the form). This allows the state to confirm that the request is for one of the listed measures under Article 7(1) and that the requested information is necessary for the requesting country to determine whether to initiate an application to the U.S.
Question 3: What are state responsibilities for responding to incoming requests for specific measures?
Answer 3: As described in IM-19-02, the Secretary of Health and Human Services, as the Central Authority for the United States, has delegated Central Authority responsibilities to the Office of Child Support Services (OCSS). OCSS, in turn, has designated state IV-D child support agencies to perform the Central Authority functions for case processing under Article 6 of the Convention, which include responding to Convention Article 7 requests for specific measures.
Specific measures correspond to limited services in intergovernmental cases. 45 CFR 303.7(a)(8) requires states to cooperate with certain limited services requests in intergovernmental cases and honor other requests at their discretion. However, in international child support, federal and state law limit child support agencies in the information they can provide in response to requests for specific measures from foreign Central Authorities, as described in the following Answer.
Guidance on types of information states can provide
Question 4: What information can a state provide in response to a request for specific measures under Article 7(1)?
Answer 4: Once the state confirms that a request is for one of the specific measures under Article 7(1) and that the information is necessary to determine if an application should be initiated, the state may proceed with the request to the extent allowed under state and federal law and subject to the limitations described in this PIQ.
In response to a request for specific measures, a state may provide support and information of a general nature to the requesting Central Authority. However, a state may not disclose confidential information to the requesting Central Authority, including personally identifiable information, related to individuals sought for child support purposes, except state of residence of the individual. Sections 453(c)(5) and 459A(c)(2) of the Social Security Act (Act) prohibit states from sharing any information from the Federal Parent Locator Service with a Convention country other than the state of residence of the individual. Also, section 454(26) of the Act and safeguarding regulations under 45 CFR 303.21 prohibit disclosure of confidential information except to authorized entities. (In instances where states cannot provide the information a Central Authority is seeking, other case processing options may be available. See Question 5.) The following provides guidance on information disclosure related to the specific measures listed in Article 7(1).
- Help to locate the debtor or creditor (Request Form item 6.1; Convention Art. 6(2) b.)
As described in IM-19-02, OCSS is limited to providing only the state of residence of individuals sought for child support purposes under section 459(c)(2) of the Act. The state agency is under the same limitation as OCSS because it is acting as a designated Central Authority. The IM provides additional guidance:
If the individual is located in the agency’s state, the state agency may confirm that the individual resides in the state. The agency should not provide the debtor’s or creditor’s street address or employment address, or other confidential information. If the individual does not reside in the agency’s state, and the agency locates the individual in another state, the agency may provide that state of residence to expedite case processing. However, the state may also direct the country to [OCSS] for assistance in obtaining the individual’s state of residence through information provided by the Federal Parent Locator Service. This service is particularly appropriate if the country’s Central Authority is unsure of where an individual resides within the U.S. - Help to obtain relevant financial information (Request Form item 6.2; Con. Art. 6(2) c))
A state is not authorized to obtain and provide an individual’s financial or asset information to the Central Authority in response to a request for specific measures. - Facilitate the obtaining of documentary or other evidence (Request Form item 6.3; Con. Art. 6(2) g))
A state may provide information to the foreign Central Authority about how to access documents or evidence in the state (for example, provide the contact information for the state’s vital records agency). - Provide assistance in establishing parentage where necessary for the recovery of maintenance (Request Form item 6.4; Con. Art. 6(2) h))
A state may provide information about how the foreign Central Authority may access genetic testing services in the state. - Initiate or facilitate the institution of proceedings to obtain any necessary provisional measures that are territorial in nature and the purpose of which is to secure the outcome of a pending maintenance application (Request Form item 6.5; Con. Art. 6(2) i))
As described in the Hague Explanatory Report and Hague Practical Handbook, examples of this type of request might be to freeze the noncustodial parent’s assets or place a lien against property to prevent its sale pending enforcement of a decision. A state may provide these services provided no confidential information is disclosed to the Hague country in accordance with 45 CFR 303.21. Otherwise, these actions may not be available without the requesting country sending an application for establishment or enforcement. - Facilitate service of documents (Request Form item 6.6; Con. Art. 6(2) j))
A state may provide service of process services in the state, provided no confidential information is disclosed to the foreign Central Authority in accordance with 45 CFR 303.21. A state may provide information about how the Central Authority may obtain service of process services in the state.
Question 5: What can the requesting Central Authority do if a state cannot assist in response to a request for specific measures?
Answer 5: Where states cannot help in response to a specific measures request, the requesting Central Authority may choose to initiate a Convention application. The state will be able to disclose additional authorized information and manage the child support case once it opens an intergovernmental case based on the application.
Other information
Question 6: What are the timeframes for responding to a request for a specific measure?
Answer 6: There are no timeframes in the Convention for responding to requests for specific measures. However, as described in AT-20-14 Answer 57 regarding limited services timeframes, we encourage states to apply the 30-calendar-day timeframe within which an initiating state must respond to a responding agency’s request for additional information or documentation under 45 CFR 303.7(c)(6).
Question 7: Under Article 7(2) of the Convention, Central Authorities may make other requests for specific measures to assist the Central Authority with an internal child support proceeding where no Convention application to the U.S. is expected. What are the requirements for states to respond to these requests?
Answer 7: Responses to Article 7(2) requests for specific measures are subject to the same limitations as described in this PIQ for Article 7(1) requests and are discretionary.
Question 8: Do the restrictions described under Question 4 apply to international requests for limited services from Foreign Reciprocating Countries? (At the time of publication, the Foreign Reciprocating Countries are Australia, El Salvador, Israel, Switzerland and 12 of the 13 Canadian provinces and territories.)
Answer 8: Yes. When responding to limited services requests from Foreign Reciprocating Countries, states are limited to the same restrictions on providing information and subject to the same guidance as described under Question 4 above. Please note states should not use the Hague Request for Specific Measures form and response form with Foreign Reciprocating Countries and should refer to country-specific caseworker guides for forms and additional guidance.
Question 9: May a state impose a cost for processing a request for specific measures?
Answer 9: No, with one exception. Federal law does not permit states to charge a custodial parent or a Central Authority in a Foreign Reciprocating Country or a Convention country for the costs of processing a request for specific measures. Sections 454(32)(A) and (C) of the Act require that any requests for Title IV-D services by a Foreign Reciprocating County, a Convention country, or a foreign country with which the state has an arrangement described in section 459(d) of the Act to be treated as a request by a state and that no costs be assessed for such services.
However, under section 454(32)(C) of the Act, a state could impose costs against a foreign noncustodial parent. If a state opts to impose costs on a foreign noncustodial parent, Article 8 of the Convention provides that costs may only be charged if the state determines the costs are exceptional and the applicant consents previously to the cost for the service. A state would determine what costs are exceptional. While the Convention does not define an exceptional cost, the Explanatory Report for the Convention (paragraph 962) notes that exceptional costs are “costs which would be unusual, out of the ordinary, or an exception to the general rule.”
SUPERSEDES: IDCL-03-01
INQUIRIES: Contact OCSSinternational@acf.hhs.gov