[Federal Register Volume 63, Number 61 (Tuesday, March 31, 1998)]
[Proposed Rules]
[Pages 15351-15353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8426]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 303
RIN 0970-AB72
Child Support Enforcement Program; Grants to States for Access
and Visitation Programs: Monitoring, Evaluation, and Reporting
AGENCY: Office of Child Support Enforcement (OCSE), Administration for
Children and Families, HHS.
ACTION: Notice of Proposed Rulemaking.
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SUMMARY: This proposed rule implements provisions contained in section
391 of the Personal Responsibility and Work Opportunity Reconciliation
Act of 1996 and establishes the requirements for State monitoring,
reporting and evaluation of Grants to States for Access and Visitation
Programs. Access and visitation programs support and facilitate
noncustodial parents' access to and visitation of their children by
means of activities including mediation (both voluntary and mandatory),
counseling, education, development of parenting plans, visitation
enforcement (including monitoring, supervision and neutral drop-off and
pickup) and development of guidelines for visitation and alternative
custody arrangements.
DATES: Consideration will be given to written comments received by June
1, 1998.
ADDRESSES: Comments should be submitted in writing to the Office of
Child Support Enforcement, Department of Health and Human Services, 370
L'Enfant Promenade, SW, Washington, DC 20447. Attention: Director of
Automation and Special Projects Division. You also may submit comments
by sending electronic mail (e-mail) to darnaudo@acf.dhhs.gov'', or by
telefaxing them to (202) 401-5539. This is not a toll-free number.
Comments will be available for public inspection Monday through Friday,
8:30 a.m. to 5:00 p.m. on the 4th floor of the Department's office at
the above address.
FOR FURTHER INFORMATION CONTACT: David Arnaudo, OCSE, Division of
Automation and Special Projects, (202) 401-5364.
Statutory Authority
The proposed regulations are published under the authority of
section 469B of the Social Security Act (the Act), as amended by
section 391 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Pub. L. 104-193) and Section 1102 of the
Social Security Act. Section 469B(e)(3) requires that each State to
which a grant is made shall monitor, evaluate, and report on such
programs in accordance with regulations prescribed by the Secretary.
Background
Child support enforcement and access and visitation programs are
linked in several important ways. Studies conducted by the U.S. Census
Bureau and others have found that: (1) Non-custodial parents with joint
custody and visitation rights pay child support at a much higher rate
than those without such rights, (2) parental visitation is highly
associated with child support compliance, (3) child support payment
erodes over time as non-custodial parental involvement lapses, (4) one
reason cited for non-payment of child support for those with incomes is
that the custodial parent does not permit the non-custodial parent to
see the child(ren), (5) lack of non-custodial parent control of child
raising and the divorce process is a primary reason for non-payment of
child support where such parents are employed, (6) non-custodial
parents who pay child support feel empowered to seek post-divorce or
post-split involvement with their children, (7) unwed nonresident
fathers who established paternity have legally standing to seek
visitation and custody, (8) nonresident mothers and fathers have asked
that visitation and custody be established and enforced like child
support is established and enforced, (9) involvement by nonresident
parents is desirable for the well being of the child. Finally,
paternity establishment and divorce proceedings are often the gateway
to establishing both child support and access and visitation rights.
The first Federal legislation to connect access and visitation rights
on a formal basis with child support was contained in the Child Support
Enforcement Amendments of 1984 (Pub. L. 98-378) at Section 23. This act
set forth that it was the sense of Congress that--
``State and local governments must focus on the vital issues of
child support, child custody, visitation rights, and other related
domestic issues that are properly within the jurisdiction of such
governments * * *''
Later the Family Support Act of 1988 (Pub. L. 100-485) authorized
up to $4 million each year for fiscal years 1990 and 1991 for State
demonstration projects to develop, improve, or expand activities
designed to increase child access provisions of court orders. The
legislation required an evaluation of these projects and a Report to
Congress on the findings. On October 10, 1996, the Department of Health
and Human Services transmitted to Congress the report entitled,
``Evaluation of the Child Access Demonstration Projects''. The report
indicated that requiring both parents to attend mediation sessions and
developing parenting plans was successful for cases without extensive
long term problems.
In September, 1996, the U.S. Commission on Child and Family Welfare
submitted a report to the President and Congress which strongly
endorsed additional emphases at all government levels, especially State
and local levels, to ensure that each child from a divorced or unwed
family have a parenting plan which encourages and enables both parents
to stay emotionally involved with the child(ren).
Finally, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA) added a new provision at section
391 to award funds annually to States to establish and administer
programs to support and facilitate noncustodial parents' (fathers or
mothers) access to, and visitation of, their children through
activities including mediation (both voluntary and mandatory),
counseling, education, development of parenting plans, visitation
enforcement (including monitoring, supervision, neutral drop-off and
pickup), development of guidelines for visitation and alternative
custody arrangements. Under the new provision, States may administer
programs directly or through contracts or grants with courts, local
public agencies, or nonprofit private entities; States are not required
to operate such programs on a statewide basis.
Under this provision, the amount of the grant to be made to the
State shall be the lesser of 90 percent of State expenditures during
the fiscal year for activities just described or the allotment to the
State for the fiscal year. The allotment would be determined as
follows: an amount which bears the same ratio to $10,000,000 for grants
as the number of children in the State living with only 1 biological
parent bears to the total number of such children in all States. Such
allotments are to be adjusted so that no State is allotted less than
$50,000 for fiscal years 1997 and 1998 or $100,000 for any succeeding
fiscal year. These funds may not be used to supplant expenditures by
the State for authorized activities; but, States shall use the grant to
supplement such expenditures at the level equal to the level of such
expenditures for fiscal year 1995.
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There are a number of child access programs operating in the
country. Most of these programs offer assistance to both non-custodial
fathers and mothers and are gender neutral. The National Center for
State Courts estimates that there are currently about 205 programs
offering court-based or court-annexed services for divorce disputes. A
roster compiled by the Fathers for Equal Rights Inc. of Des Moines,
Iowa, identifies 282 parent's rights organizations throughout the
United States. These groups offer one-on-one counseling and peer group
motivation as well as other relevant advice to assist non-custodial
parents to stay involved with their children. Similar programs are
operating in cities across the country motivating and counseling
parents on a one-to-one basis to stay involved or become involved with
their children.
The Parents Fair Share Demonstrations, funded in part by the
Administration for Children and Families (ACF), in Kent County,
Michigan; Montgomery County, Ohio; Mercer County, New Jersey; Shelby
County, Tennessee; Hampden County, Massachusetts; DuVal County,
Florida; and Los Angeles County, California, are motivating and
enabling fathers to become involved with their children largely through
peer group sessions and employment and other social assistance. Other
responsible fatherhood demonstration projects, which also address
access, visitation and fatherhood involvement issues, have recently
been funded by the Office of Child Support Enforcement in California,
New Hampshire, Maryland, Colorado, Massachusetts, Wisconsin, Oregon,
Missouri, and Washington.
States are at different positions with respect to access and
visitation programs. Some States have well developed programs at least
for divorced or separated parents; States such as Michigan, California,
Massachusetts, Connecticut, Colorado, and Missouri have State programs.
Some States have only local programs. Other States are just beginning
to talk to practitioners and advocates regarding programs they may want
to pursue.
In September 1997, the Office of Child Support Enforcement awarded
54 States and independent jurisdictions access and visitation Grants
covering all the activities mentioned in the Act.
Regulatory Philosophy
Historically in the Child Support Enforcement Program, the Federal
government specified in detailed regulations how things must be done by
States. The Federal Office of Child Support Enforcement (OCSE) has
entered an era which necessitates a new philosophy with respect to
Federal mandates through regulation. The President is committed to
reducing the burden on States and streamlining regulations. OCSE's new
watchwords are partnership, results, flexibility, and accountability.
PRWORA provides significant flexibility in terms of access and
visitation. The Act allows States, local and non-profit entities,
courts, or local public agencies to administer the program, and only
requires regulations for the specific functions of monitoring,
evaluation and reporting.
Given the funding limitations, we attempted to strike a balance
between provision of access and visitation services and the need to
gather data to enable States to evaluate and report on their programs.
We particularly invite public comment on what the relationship should
be between the monitoring, evaluation, and reporting requirements in
this regulation.
In developing these rules we elicited input from the National
Governors' Association, the American Public Welfare Association, the
National Conference of State Legislatures, and the National Association
of Counties. We also held a nationwide teleconference with father's and
children's rights groups, groups of local public agencies representing
minority responsible fatherhood programs, and groups representing
concern for women's issues.
A meeting was held with the States' access and visitation contacts
or their staff at which 36 States were represented. At this one-day
meeting, discussions were held on the need to require a minimum set (or
core) of data which would be uniformly collected. All meeting
participants were called upon to suggest data elements and approaches,
and many suggestions were received.
Description of Regulatory Provisions
Paragraph 303.109(a) would require States to monitor all access and
visitation programs to ensure that services funded under these programs
are: (1) Authorized under section 469B(a) of the Act and (2)
efficiently and effectively provided while complying with reporting and
evaluation requirements, as set forth in paragraphs 303.109(b) and
303.109(c).
Paragraph 303.109(b) would allow State programs funded by section
469B of the act to be evaluated using data gathered to measure the
effectiveness of program operations. States would also be required to
assist in the evaluation of programs deemed significant or promising by
the Department, as directed by program memorandum.
Paragraph 303.109(c) would require that States provide a detailed
description of each funded program by including such information as:
service providers and administrators, service area, population served,
program goals, application or referral process, referral agencies,
nature of the program, activities provided, and length and features of
a `completed' program. We also would require, with regard to programs
which provide services: the number of applicants or referrals for each
program, the number of program participants in the aggregate and by
eligible activity, and the total number of graduates in the aggregate
and by eligible activities (e.g., mediation, education etc.). This
information is proposed in order to assess: (1) The demand for the
program and effectiveness of outreach and ability of the program to
meet demand, (2) the service population served and scope and size of
the program, and (3) whether such recipients are completing standard
program requirements.
Paragraph 303.109(c)(3) would require States to report information
specified in paragraphs 303.109(c)(1) and (c)(2) annually, collected at
a date and in a form as the Secretary may prescribe in program
instructions from time to time.
Regulatory Procedures
Paperwork Reduction Act
The proposed section 303.109 contains an information collection
requirement. As required by the Paperwork Reduction Act of 1995 (44
U.S.C. 3507 (d)), the Administration for Children and Families has
submitted a copy of this section to the Office of Management and Budget
(OMB) for its review.
Title: Grants to States for Access and Visitation
Programs--Program Description and Participation Data.
This program description and participation data are being
collected so that we may report activities funded to the Congress in
the Child Support Annual Report and so that the Federal Government and
States can assess program progress. Information to be collected
includes: Program descriptions, number of applicants/referrals, number
of total participants, number of participants and graduates by the
aggregate and by activity.
Likely respondents include: States and independent
jurisdictions reporting data from their own projects or data from
grantees/contractees--non-profit entities, local public agencies and/or
courts.
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Number of likely respondents: 50 States, the District of
Columbia, Puerto Rico, the Virgin Islands, and Guam will respond. An
average of 3 sub-jurisdictions will be anticipated to respond as
components of State/jurisdiction efforts.
Proposed frequency of response: annually.
Average Burden Per Response: 24 hours.
Estimate of the total annual reporting and record keeping
burden: (54 States and jurisdictions + 3 sub-jurisdictions or 216
responding units) x (1 response per year) x (24 hours average burden
per response) = 5,184 hours.
The Administration for Children and Families will consider comments
by the public on this proposed collection of information in--
Evaluating whether the proposed data collection is
necessary for proper performance of the functions of ACF, including
whether the information will have practical utility.
Evaluating the accuracy of the ACF's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used.
Enhancing the quality, usefulness, and clarity of the
information to be collected; and
Minimizing the burden of the collection of information of
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technology, e.g.,
permitting electronic submission of responses.
OMB is required to make a decision concerning the collection of
information contained in these proposed regulations between 30 and 60
days after the publication of this document in the Federal Register.
Therefore, a comment is best assured of having its full effect if OMB
receives it within 30 days of publication. This does not affect the
deadline for the public to comment to the Department on the proposed
regulations. Written comments to OMB for the proposed information
collection should be sent directly to the following: Office of
Management and Budget, Paperwork Reduction Project, 725 17th Street,
N.W., Washington D.C. 20503, Attn: Ms. Wendy Taylor.
Executive Order 12866
Executive Order 12866 requires that regulations be reviewed to
ensure that they are consistent with the priorities and principles set
forth in the Executive Order. The Department has determined that the
rule is consistent with these priorities and principles. The proposed
rule implements statutory provisions that require States that receive
grants for child access and visitation programs to monitor, evaluate,
and report on such programs in accordance with regulations prescribed
by the Secretary.
Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates Reform Act of 1995 requires
that a covered agency prepare a budgetary impact statement before
promulgating a rule that includes any Federal mandate that may result
in the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any one
year.
The Department has determined that this proposed rule would not
impose a mandate that will result in the expenditure by State, local,
and Tribal governments, in the aggregate, or by the private sector of
more than $100 million in any one year. The Department has determined
that this proposed rule is not a significant regulatory action with in
the meaning of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4).
Regulatory Flexibility Analysis
The Secretary certifies, under 5 U.S.C. 605(b), as enacted by the
Regulatory Flexibility Act (Pub. L. 96-354), that this proposed
regulation would not result in a significant impact on a substantial
number of small entities. The primary impact of the proposed rule would
be on State governments which are not considered small entities under
this Act.
List of Subjects in 45 CFR Part 303
Child support, Grant programs--social programs, Reporting and
recordkeeping requirements.
(Catalog of Federal Domestic Assistance Programs No. 93.597, Grants
to States for Access and Visitation)
Dated: March 13, 1998.
Olivia A. Golden,
Assistant Secretary for Children and Families.
For reasons stated in the preamble, we propose to amend 45 CFR part
303 as follows:
PART 303--STANDARDS FOR PROGRAM OPERATIONS
1. The authority citation of part 303 continues to read as follows:
Authority: 42 U.S.C. 651 thorough 658, 660, 663, 664, 666, 667,
1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k)
2. A new Sec. 303.109 is added to read as follows:
Sec. 303.109 Procedures for State monitoring, evaluation and reporting
on programs funded by Grants to States for Access and Visitation
Programs.
(a) Monitoring. The State must monitor all programs funded under
Grants to States for Access and Visitation Programs to ensure that the
programs are providing services authorized in section 469B(a) of the
Act, are being conducted in an effective and efficient manner, and are
complying with Federal evaluation and reporting requirements.
(b) Evaluation. The State:
(1) May evaluate all programs funded under Grants to States for
Access and Visitation Programs;
(2) Must assist in the evaluation of significant or promising
projects as determined by the Secretary.
(c) Reporting. The State must:
(1) Report a detailed description of each program funded by
providing the following information, as appropriate: service providers
and administrators, service area (rural/urban), population served
(race/marital status), program goals, application or referral process
(including referral sources), voluntary or mandatory nature of the
programs, types of activities, and length and features of a complete
program;
(2) Report data including: The number of applicants/referrals for
each program, the number of total program participants families and
individuals, and the number of program participants and program
graduates (families and individuals) by authorized activities
(mediation--voluntary and mandatory, counseling, education, development
of parenting plans, visitation enforcement--including monitoring,
supervision and neutral drop-off and pickup, and development of
guidelines for visitation and alternative custody arrangement);
(3) Report the information as required in paragraphs (c)(1) and
(c)(2) of this section annually, at such time and in such form as the
Secretary may require from time to time.
[FR Doc. 98-8426 Filed 3-30-98; 8:45 am]
BILLING CODE 4184-01-P
