April 2024 CSQ

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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, <strong>2024</strong>, 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
now has “an important tool to help programs weather future emergencies,” by authorizing the Health and Human Services Secretary to provide targeted and time-limited relief to states from the PEP, support order establishment, and current support collections performance thresholds when natural disasters and other calamities impact program operations. Diane Potts is the Child Support Lead Director on the National Strategy Team at CGI Technologies and Solutions Inc. Diane serves on the NCSEA Board of Directors and is co-chair of NCSEA’s Policy and Government Relations Committee as well as an NCSEA Past-President, past Secretary, and an Honorary Lifetime Member. Diane also is on the Board of Directors for the Eastern Regional Interstate Child Support Association (ERICSA) and currently serves as Vice President of Policy and Legislation. In May 2023, she was awarded ERICSA’s Intergovernmental Award. For six years, Diane was the Illinois Deputy Attorney General for Child Support. She was appointed as the official observer to the Uniform Law Commission’s amendment of the Uniform Parentage Act (UPA) on NCSEA’s behalf and currently sits on the UPA’s Enactment Committee. In 2015, she received the Illinois Child Support Lifetime Achievement Award. Diane received her law degree from Washington University Law School and her undergraduate degree from the University of Illinois.
Page 2 and 3: Table of Contents April 2024 Execut
Page 4 and 5: innovative solutions. I attended se
Page 7 and 8: Balancing Act: The Shifting Focus o
Page 9 and 10: Rightfully, the child support progr
Page 11 and 12: Moving the Program Forward: Final R
Page 13: to protect and enhance Tribal lands
Page 17 and 18: of the Tax Reduction Act of 1975. O
Page 19 and 20: Income of both parents: $15,000 Par
Page 21 and 22: From Customer to Commissioner by Vi
Page 23 and 24: Employment Demonstration (CSPED). I
Page 25 and 26: support. Better-off fathers, on the
Page 27 and 28: ACF meet with stakeholders to reexa
Page 29 and 30: communications strategy and conduct
Page 31 and 32: Creation of the Child Support Reent
Page 33 and 34: incarcerated parent with a copy of
Page 35 and 36: NCSEA 2024 Policy Forum Wrap-up:
Page 37 and 38: employment on the various programs
Page 39 and 40: Carla West Connie Chesnik Corrinne

April 2024 CSQ

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