April 2024 CSQ
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attributable to any shortcomings of the program. In these situations,<br />
imposing a financial penalty against a state’s TANF funding is illogical<br />
because it takes away valuable resources that are critically needed during<br />
emergencies.<br />
In response to the pandemic, OCSS issued an NPRM and final rule<br />
modifying 45 C.F.R. §305.61(e). The new regulation provided time-limited<br />
relief to the PEP for federal fiscal years 2020, 2021, and 2022.<br />
Going forward, however, OCSS saw the benefits of having the ability to<br />
provide temporary relief to states for future emergencies without having to<br />
go through the lengthy NPRM process. OCSS issued an NPRM on July 13,<br />
2023, to make that change and improve the process. NCSEA filed<br />
comments in support.<br />
On March 4, <strong>2024</strong>, OCSS issued a<br />
final rule providing ongoing<br />
authority to grant prompt relief to<br />
state programs, if justified by the<br />
circumstances, without having to<br />
engage in the formal rulemaking<br />
process. See 89 Fed. Reg. 15475,<br />
Modifications to Performance<br />
Standards During Natural Disasters<br />
and Other Calamities. The change<br />
was effective immediately.<br />
The rule allows OCSS to modify performance measure requirements and<br />
waive penalties for failure to meet these requirements when an emergency<br />
impacts a state’s ability to achieve the paternity establishment, support<br />
order establishment, and current collections standards. The rule also allows<br />
OCSS to set aside adverse data reliability audit findings caused by an<br />
emergency such as a pandemic that also could trigger a financial penalty.<br />
ACF Acting Assistant Secretary Jeff Hild explained that natural disasters<br />
today are “an increasing fact of life and our programs must be flexible and<br />
adapt in the face of emergencies.” The rule helps ensure child support<br />
programs have continued funding to help families in need in the aftermath<br />
of disasters.<br />
Commissioner Gray praised the child support programs as having been<br />
“incredibly resilient and innovative in finding ways to continue providing<br />
services to families during the pandemic.” With the final rule, child support