April 2024 CSQ

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