Fillable OCSE Stafford Act Flexibilities Request Form (U.S. Department of Health & Human Services)

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OCSE Stafford Act Flexibilities Request Form (U.S. Department of Health & Human Services)

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OMB Control No: 0970 - 0572
Expiration Date: 7/31/2024
OCSE Stafford Act Flexibilities Request Form
OCSE recognizes that specific states and tribes may need flexibilities in addition to the modified timeframes
listed in DCL-20-04. Section 301 of the Stafford Act, 42 U.S.C. § 5141, provides that “Any Federal agency charged
with the administration of a Federal assistance program may, if so requested by the applicant State [or Indian
tribal government] or local authorities, modify or waive, for a major disaster, such administrative conditions for
assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such
conditions is a result of the major disaster.”
[1]
Complete this form to request additional program flexibilities during the declared major disaster and submit it to
the Regional Program Manager in your area. The request from the state or tribal child support director must
identify the specific timeframe(s) needing modification or waiver (including the statutory or regulatory
citations), a short description/rationale justifying the need for the modification or waiver of the timeframe
based on the impact of the COVID-19 pandemic on program operations, and the desired revised timeframe.
OCSE will expedite the review process and the Regional Program Manager will provide a response via email to
the state or tribal child support director.
Complete this section
State/Territory/Tribe
Modification of Timeframe(s) from DCL-20-04
Identify in the table below any requested timeframe modifications from the examples in DCL-20-04.
CRITERIA DESCRIPTION STATUTE/REGULATION CURRENT
REQUIREMENT
FLEXIBILITY
STATE PLAN Payment disbursement
within 2 business days
454B (c) (1)
302.32(b)(1), (2)(i), and
2(ii)
2 Business
Days
5 Business Days for
fully electronic
processes and 10
Business days if
manual processes
are required.
[1]
Regulations issued by the Federal Emergency Management Agency (FEMA) under the Stafford Act at 44 CFR 206.2(a)(16),
define the term “local government” to include Indian tribe, authorized tribal organization, or Alaska Native village or
organization.
PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) STATEMENT OF PUBLIC BURDEN: Through this information collection,
ACF is gathering information from state and tribal Title IV-D child support agencies requesting administrative flexibilities under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5191, due to the COVID-19 pandemic. Public
reporting burden for this collection of information is estimated to average 1 hour per request, including the time for reviewing
instructions, gathering and maintaining the data needed, and reviewing the collection of information. This is a voluntary
collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information subject to the requirements of the Paperwork Reduction Act of 1995, unless it displays a currently valid OMB
control number. If you have any comments on this collection of information, please contact ocsedro@acf.hhs.gov.
Stafford Act Request Form | 1
CRITERIA DESCRIPTION STATUTE/REGULATION CURRENT
REQUIREMENT
FLEXIBILITY
STATE PLAN Child support guidelines
reviews conducted at
least once every four
years
467(a), 469
302.56(e)
Every 4 years If a state is in the
process of
conducting a
review or is
initiating a review
in 2020, the state
has one additional
year to complete
the review.
PATERNITY Establish orders or 303.4(d) 90 Calendar 180 Calendar Days
AND SUPPORT complete service of Days
ORDER
process within 90
calendar days of locate
ENFORCEMENT
Take enforcement action
within 30 calendar days
of delinquency
303.6(c)(2) 30 Calendar
Days
60 Calendar Days
ENFORCEMENT
Take enforcement action
within 60 calendar days
of delinquency when
service of process is
necessary
303.6(c)(2) 60 Calendar
Days
120 Calendar Days
INTERSTATE
Make Intergovernmental
referrals within 20
calendar days
303.7(c)(4)(i),(ii) 20 Calendar
Days
40 Calendar Days
INTERSTATE
Take specified actions
within 75 calendar days
of receipt of an
intergovernmental form
and documentation from
its central registry
303.7(d)(2)(i), (ii), and
(iii)
75 Calendar
Days
150 Calendar Days
INTERSTATE
Within 10 working days
of locating the
noncustodial parent in a
different State, return
forms, or, if directed,
forward/transmit forms
to noncustodial parent’s
state
303.7(d)(3) 10 Working
Days
20 Working Days
Stafford Act Request Form | 2
CRITERIA DESCRIPTION STATUTE/REGULATION CURRENT
REQUIREMENT
FLEXIBILITY
INTERSTATE
Forward/transmit forms
within 10 working days of
locating the noncustodial
parent in a different
political subdivision
within the State
303.7(d)(4) 10 Working
Days
20 Working Days
INTERSTATE
File the controlling order
determination request
within 30 calendar days
303.7(d)(5)(i) 30 Calendar
Days
60 Calendar Days
INTERSTATE
Notify appropriate
jurisdictions of the
controlling order
determination and any
reconciled arrearages
within 30 calendar days
303.7(d)(5)(ii) 30 Calendar
Days
60 Calendar Days
INTERSTATE
Within 10 working days
of receipt of instructions
for case closure, stop
responding state income
withholding and close
interstate case
303.7(d)(9) 10 Work Days 20 Work Days
REVIEW AND
Provide notice (of the right
303.8(b)(7)(ii) 15 Business 30 Business Days
ADJUSTMENT
to request review of the
order) within 15 business
days when learning of
noncustodial parent
incarceration of more than
180 calendar days
Days
INCOME Issue the income
303.100 (e)(2), 303.100
2 Business 5 Business Days for
WITHHOLDING withholding order
(e)(3), 454A(g)(1)(A)(i),
Days fully electronic
(IWO) notice to the
employer within 2
business days
466, 453A (g) (1)
processes and 10
Business days if
manual processes
are required.
SYSTEMS The statewide system
must transmit IWO
orders and notices to
employers and other
debtors within 2 business
days
307.11 (c) (1) (i) 2 Business
Days
5 Business Days for
fully electronic
processes and 10
Business days if
manual processes
are required.
Stafford Act Request Form | 3
CRITERIA DESCRIPTION STATUTE/REGULATION CURRENT
REQUIREMENT
FLEXIBILITY
TRIBAL PLAN Provide notices of
support collected
itemized by month of
collection, at least once a
year
309.75(c) Yearly notices of
support collected
due may be sent to
families no later
than December 31,
2020.
TRIBAL PLAN Indicate that child
support guidelines will be
reviewed and revised, if
appropriate, at least once
every four years
309.105(a)(4) Every 4 years
If a tribe is in the
process of
conducting a
review or is
initiating a review
in 2020, the tribe
has one additional
year to complete
the review
Other Modification or Waiver Being Requested
Identify the program requirement needing modification or waiver.
Statutory or Regulatory Citations
Enter the statutory or regulatory citations of the requirement you are requesting to have modified or waived. (No
citations are needed for timeframes from the above chart.)
Reason for Request
Describe the specific impact on the program that prompts your request. If requesting flexibility on a timeframe,
please specify your proposed new timeframe.
Date of Submission:
Submitted By:
Stafford Act Request Form | 4
For Federal Office of Child Support Enforcement Use Only
Date Submission Received
Division Assigned
Recommendation
Date Completed
Stafford Act Request Form | 5
Office of Audit
Division of Federal Systems
Division of Policy and Training
Division of Program Innovation
Division of Regional Operations
Division of State and Tribal Systems
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OCSE Stafford Act Flexibilities Request Form (U.S. Department of Health & Human Services)

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Completed 17 August 2021

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