[Federal Register Volume 61, Number 138 (Wednesday, July 17, 1996)]
[Proposed Rules]
[Pages 37236-37240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18116]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 232 and 235


Aid To Families With Dependent Children; AFDC/Child Support 
Program Cooperation and Referral

AGENCY: Administration for Children and Families (ACF), HHS.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This proposed rule is part of President Clinton's recently 
announced initiative to strengthen the child support enforcement system 
and promote parental responsibility. ACF is proposing to amend the 
regulations for the Aid to Families with Dependent Children (AFDC) 
program under title IV-A of the Social Security Act to improve 
cooperation requirements as follows:
    Prior to receipt of AFDC, applicants will be required to provide 
sufficient information to located the non-custodial parent, establish 
the paternity of a child born out of wedlock and secure child support. 
By making the receipt of benefits conditional upon fulfillment of the 
cooperation requirement at the time of application, this policy will 
increase the likelihood of success in locating non-custodial parents, 
establishing paternity, and securing support.
     Applicants and recipients will be held to a strict 
cooperation standard. They will be required to provide the name of the 
father and identifying information available to the caretaker such as 
the address, Social Security Number, telephone number, place of 
employment or school, and names of relatives, etc.
     To ensure effective due process protection, States will be 
required to establish criteria to determine when the individual cannot 
reasonably be expected to know the required identifying information.
     The AFDC agency will be required to refer applicants to 
the child support agency within two working days of application so that 
the non-custodial parent can be located and paternity action can be 
initiated right away.
     To ensure that clients are protected from delays in 
processing applications, the prohibition on State or local agencies 
from denying, delaying or discontinuing assistance pending a good cause 
determination will also apply to the cooperation determination.
     To provide additional flexibility, States may request 
waivers under the Intergovernmental Cooperation Act to have the child 
support agency, rather than the AFDC agency, make the good cause and 
cooperation determination. Since the child support agency has the 
responsibility to bring legal action to establish paternity, it is 
often in the best position to make this determination.
    The current good cause provisions are unchanged. Applicants and 
recipients who have good cause will continue to be exempt from 
cooperating.

DATES: Interested persons and agencies are invited to submit written 
comments concerning these regulations no later than September 16, 1996.

ADDRESSES: Comments should be submitted in writing to the Assistant 
Secretary for Children and Families, ATTENTION: Mr. Mack A. Storrs, 
Director, Division of AFDC/JOBS, 5th Floor, Office of Family 
Assistance, 370 L'Enfant Promenade, S.W., Washington, D.C. 20447 or 
delivered to the Office of Family Assistance, 5th Floor, Aerospace 
Building, 901 ``D'' St., S.W., Washington, D.C. 20447, between 8:00 
a.m. and 4:30 p.m. on regular business days. Comments received may be 
inspected during these hours by making arrangements with the contact 
person.

FOR FURTHER INFORMATION CONTACT: Mr. Mack A. Storrs, Administration for 
Children and Families, Office of Family Assistance, 5th Floor, 370 
L'Enfant Promenade, S.W., Washington, D.C. 20447, telephone (202) 401-
9289.

SUPPLEMENTARY INFORMATION:

Background

    Recently, President Clinton announced a new initiative to 
strengthen the child support

[[Page 37237]]

enforcement system and promote parental responsibility. The President 
directed the Secretary to exercise her legal authority to propose new 
rules which would require all applicants for welfare to cooperate by 
providing sufficient information, prior to receipt of AFDC, to locate 
the non-custodial parent, establish the paternity of a child born out 
of wedlock and secure child support. The new regulations will also 
require AFDC recipients to similarly cooperate at their next 
redetermination.
    Currently, more than 1.2 million children are born each year to 
unwed parents. These children deserve to have their relationship with 
their father legally acknowledged and to receive financial and 
emotional support from him. No father should be able to bring a child 
into this world and then just walk away. A clear message must be 
conveyed to parents, especially young parents, that bringing a child 
into this world brings with it significant, long-term responsibilities.
    Paternity establishment is the crucial, first step toward securing 
financial support for a child, and, perhaps even more importantly, 
promoting the development of a nurturing relationship with the father. 
If paternity is not established, the child may be denied a lifetime of 
emotional, psychological and economic benefits. While a parental link 
opens the door to child support and other potential financial benefits, 
it also provides qualitative benefits to the child, such as the value 
of a father's legal acknowledgement of their relationship, an 
opportunity for extended family ties, and access to medical history and 
genetic information.
    The Administration has made paternity establishment a top priority. 
In the Omnibus Reconciliation Act of 1993, the Administration proposed, 
and Congress enacted, a requirement for States to establish voluntary 
paternity acknowledgment programs in hospitals as an effective way to 
establish child/father bonds right from the start of a child's life. 
Voluntary data from thirty-one States show that more than 200,000 
paternities were established through the in-hospital program in 1995. 
In addition, the total number of paternities established by child 
support agencies has increased by 40 percent since 1992. Still, more 
needs to be done. That is why the President has ordered the Secretary 
of the Department of Health and Human Services to exercise her legal 
authority to propose new regulations on paternity establishment and 
child support cooperation in the AFDC program.
    Unless paternity is established for a child in a family seeking 
welfare, the government pays the costs of raising the child--costs that 
the father should be sharing. As a condition of receipt of welfare 
benefits, mothers are currently required to cooperate with paternity-
establishment efforts. However, the process of cooperating is seldom 
completed during the application process, and efforts to determine 
cooperation and establish paternity are often not made until after the 
mother has begun receiving benefits. Research shows that a greater 
percentage of mothers know the identity and whereabouts of the father 
of their child than is currently reported to welfare agencies. Because 
agencies do not receive all relevant information, paternity is often 
not established. In fact, the national rate for paternity establishment 
in welfare cases is only about 40 percent. Under these proposed rules, 
quick action would be taken to improve life prospects for families.
    Since passage of the Family Support Act in 1988, States have been 
dramatically changing the culture of welfare to emphasize that 
assistance ought to be temporary while families take the necessary 
steps to become self-sufficient. Establishing paternity and getting 
child support from the non-custodial parent, combined with finding and 
holding a job, are critical components of a financial base leading to 
independence. In addition to assuring that eligible applicants receive 
prompt and accurate benefits, eligibility staff should know, understand 
and communicate the benefits and need for paternity establishment and 
self-sufficiency.

Discussion of Proposed Changes

    In cases of a child born out of wedlock, the establishment of 
paternity is a critical first step in the child support enforcement 
process. The earlier paternity is established, the sooner the child may 
benefit from child support, the father's medical benefits, and 
information about his medical history. The child may also gain access 
to other financial benefits such as dependent's benefits under Social 
Security, pensions, veterans' benefits, and rights of inheritance.
    Section 402(a)(26)(B) of the Social Security Act provides that, as 
a condition of eligibility for aid, each applicant or recipient will be 
required to cooperate with the State in establishing the paternity of a 
child born out of wedlock, in locating the non-custodial parent and in 
obtaining support or any other payments or property due such applicant 
or such child, unless there is good cause for refusing to cooperate. 
Good cause determinations are rendered by the AFDC agency, based on 
standards prescribed by the Secretary.
    Current rules at Sec. 232.12(b) provide that the applicant or 
recipient shall provide information, but allow an individual to 
``attest to the lack of information, under penalty of perjury.'' Many 
unmarried applicants are routinely attesting that they do not have the 
basic information needed to locate the father and establish paternity. 
As a result, paternity is established in only about 40 percent of these 
cases.
    To increase the rate of paternity determinations, a number of 
States have requested that we tighten the definition of cooperation by 
requiring that applicants and recipients furnish specific information 
about the identity of the non-custodial parent. Under waivers in their 
welfare reform demonstrations, a number of States have modified or 
proposed modifications to the cooperation criteria to define 
cooperation as providing specific information. Some of these 
modifications have subsequently been challenged in court for providing 
no exceptions. Advocacy groups have also expressed concern about 
changes in the cooperation rules because some caretaker relatives do 
not have or cannot be reasonably expected to obtain the necessary 
information to identify and locate the non-custodial parents. We are 
proposing a regulation which we believe balances these concerns.
    Recognizing how important it is to establish paternity or secure 
child support at the earliest possible time, we propose to amend the 
regulations at Sec. 232.12 and Sec. 235.70 to require that States take 
action to secure the applicant's cooperation on paternity and child 
support within the application-processing period. Except in 
circumstances where the client cannot be reasonably expected to know or 
obtain the information, or claims good cause, the applicant will be 
required to provide the name and sufficient information necessary to 
identify the non-custodial parent.
    We propose to amend Sec. 232.12(b) to require States to establish 
effective procedures to obtain necessary information to identify the 
non-custodial parent. We have specified at the revised 
Sec. 232.12(b)(3) that the required cooperation includes providing both 
the name of the putative father and other information sufficient to 
verify the identity of the person named. The other information which 
must be given could include: the social security number, date of birth, 
past or present address,

[[Page 37238]]

telephone number, past or present place of employment, past or present 
school attended, names and addresses of parents, friends or relatives 
able to provide location information, or other information which could 
enable service of process on such person. This requirement is intended 
to ensure that the mother provide at least the name of the father and 
sufficient additional information so that the State or local agency can 
verify that the person named is an actual person and not a fictitious 
name and to elicit information that can aid the agency in locating the 
person. This new specific requirement does not change the general 
requirement at Sec. 232.12(b)(1) that the mother must provide any other 
verbal or written information, or documentary evidence known to, 
possessed by, or reasonably obtainable by the applicant or recipient.
    Further, the revised regulation would replace the attestation rule 
at Sec. 232.12(b)(3) with a provision that would allow States to 
establish criteria for determining cooperation in cases where the 
applicant or recipient cannot reasonably be expected to know the 
identifying information about the non-custodial parent. We recognize 
that the kind and amount of information that a client may have depends 
on the nature of the relationship and believe that States are in the 
best position to make this determination. We have included an example 
of one common situation that the criteria must address--cases where 
recipients do not know or have the required information due to a long 
lapse of time since contact with the non-custodial parent. This will 
allow States to require more than a mere attestation but to accept less 
than the required information, as specified by the State, in limited 
circumstances. Providing States this flexibility is reasonable since 
they are in the best position to develop criteria that respond to their 
administrative needs and caseload characteristics. States are 
encouraged to elicit and seriously consider the views of client 
representatives and advocates when formulating the new criteria.
    Section 232.46 prohibits State or local agencies from denying, 
delaying or discontinuing assistance pending a good cause 
determination. To ensure that clients are protected from delays in 
processing applications, we are proposing that this requirement also 
apply to the cooperation determination. For example, if the name and 
identifying information provided by the applicant cannot be verified 
within the application processing timeframe (no later than 45 days from 
the filing date or a shorter period as elected by the State) and the 
delay is not due to inaction on the part of the applicant, then 
benefits must be authorized once other eligibility and payment factors 
have been met. This also applies to all application filed under any 
State-defined criteria for emergency processing.
    So that the non-custodial parent can be located and paternity or 
child support action can be initiated right away, we are proposing that 
the AFDC agency be required to send a prompt notice to the child 
support agency that an application has been filed on behalf of a child 
who is deprived of parental support or care due to the continued 
absence of a parent. Section 235.70 will be amended to define a 
``prompt notice'' as one that is sent to the child support agency 
within two working days of the date that the application for AFDC is 
filed, rather than the current requirement of within two working days 
of when assistance is granted.
    We propose that these new cooperation requirements be effective 90 
days after publication of the final rule or, for States requiring new 
legislation, no later than the first day of the first calendar quarter 
beginning after the close of the first legislative session that begins 
after the date of the final rule. For purposes of the previous 
sentence, in the case of a State that has a 2-year legislative session, 
each year of such session shall be deemed to be a separate regular 
session of the State legislature. The new requirements will apply to 
all applicants after that date, and to current recipients no later than 
the next redetermination after that date. Before imposing the new 
requirements on recipients, States shall notify recipients in writing 
about their responsibilities to provide additional information, the 
consequences of failure to cooperate and their rights to claim good 
cause and to appeal adverse actions.
    For current recipients, we expect States to review the records of 
cases where paternity or support has not been established, or the 
whereabouts of the non-custodial parent is not known. The purpose of 
the review is to determine, based on case situation, whether the 
recipient may have additional information or has cooperated under these 
new requirements. States should pay particular attention to their 
criteria for assessing the recipient's lack of information, based on 
the lapse of time or age of a child for whom paternity has not been 
established. States may apply the new requirements at any time after 
the notice to recipients, but shall apply them no later than the next 
redetermination.
    Several States have also persuasively argued that the child support 
agency, rather than the AFDC agency, should be permitted to make the 
good cause and cooperation decisions. Allowing child support staff to 
make the decisions may be more efficient because it eliminates delays 
caused by the ``back-and-forth'' referrals between child support and 
AFDC staff. It also encourages client responsibility and rapport in 
dealing with workers who help establish paternity and obtain child 
support. We believe these arguments have merit. Although we are not 
proposing a regulatory change in this area, States that are interested 
in having the child support agency render the good cause and 
cooperation decisions are encouraged to request a waiver under section 
204 of the Intergovernmental Cooperation Act of 1968.
    Under the Intergovernmental Cooperation Act, the Governor or the 
appropriate executive of the single State agency may request a waiver 
and explain: (1) Why the proposed organizational arrangement is more 
effective and efficient within the State government; and (2) how the 
objectives of title IV-A will be met by the alternative arrangement 
that is being requested (e.g., having the child support agency render 
the good cause and cooperation decisions). The formal request for a 
waiver, together with the State plan preprint pages (i.e., Section 1.1-
2, page 1 and Attachment 1.1-B) should be submitted to the appropriate 
ACF Regional Office for review and approval.
    We also want to clarify that no changes are proposed in several 
areas related to cooperation. Pursuant to section 402(a)(26) of the 
Social Security Act, a failure to cooperate, without good cause, either 
at application or subsequently will result in the removal of the 
caretaker's needs from the grant. This consequence is not changed. 
Likewise, States are still required to inform all applicants or 
recipients who fail to cooperate of their right to a fair hearing to 
appeal the determination. If an individual fails to cooperate and is 
determined ineligible for benefits, but subsequently chooses to 
cooperate and takes appropriate action, benefits will be reinstated. 
Finally, the current requirements regarding good cause for not 
cooperating because it would be ``against the best interests of the 
child'' are not changed.

Regulatory Procedures

Executive Order 12866 on Regulatory Planning and Review

    Executive Order 12866 requires that regulations be reviewed to 
ensure that they are consistent with the priorities

[[Page 37239]]

and principles set forth in the Executive Order. The Department has 
determined that these rules are consistent with these priorities and 
principles. An assessment of the costs and benefits of available 
regulatory alternatives (including not regulating) demonstrated that 
the approach taken in the regulation is the most cost-effective and 
least burdensome while still achieving the regulatory objectives.
    The proposed rule is designed to provide that applicants and 
recipients provide sufficient information to establish paternity and 
obtain support, and that information be provided on a timely basis--
i.e., before establishing welfare eligibility, if possible. At the same 
time, it seeks to both protect cooperative individuals against 
unreasonable requirements and prevent unnecessary legal challenges in 
the States. Thus, we believe it properly balances our interests in 
improving the effectiveness of paternity establishment and child 
support efforts against our concern about the burdens imposed both on 
governmental agencies and needy families seeking assistance.
    The requirement on welfare agencies to make referrals within two 
days of application may initially be burdensome in some States or 
localities, but we believe that the broad automation of welfare and 
child support enforcement programs substantially mitigates any such 
burden, and that the two-day requirement is necessary to ensure timely 
and effective paternity establishment efforts. Nevertheless, we welcome 
specific comments on the administrative burden associated with this 
two-day requirement.

Paperwork Reduction Act

    This NPRM contains information collection requirements in sections 
232.12, 232.46, and 235.70. 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 these sections to the Office of 
Management and Budget (OMB) for review.
    More specifically, sections 232.12 and 232.46 both include State 
plan amendments; section 232.12(b) includes information to be provided 
to the State welfare agency by the parent seeking assistance; and 
section 235.70 revises prompt notice requirements.
    One group of respondents to the proposed information collection 
requirements is State welfare agencies. These agencies will be required 
to revise their State plans to specify: (1) The actions, documents and 
information required for cooperation of applicants and recipients--
including what additional information (beyond a name) individuals must 
provide in order to establish paternity [at section 232.12(b)(3)]; (2) 
the criteria for determining cooperation when individuals cannot 
reasonably be expected to know the required identifying information 
[also at section 232.12(b)(3)]; and (3) provision of benefits pending a 
determination of cooperation or good cause in cases of compliance with 
other requirements [at section 232.46]. The State plan changes are 
necessary to ensure that States are making necessary changes to improve 
the effectiveness of their paternity establishment and child support 
efforts, while protecting needy individuals from undue harm and 
unreasonable requirements. By requiring specification of these policies 
and procedures in the State plans, we help to ensure broad public 
access to information on the policies and procedures being implemented 
by States and expand the opportunities for public comment on them. To 
minimize the burden on respondents, we will be providing preprint pages 
for their use. Adding this additional plan language will create a one-
time burden for the 54 State agencies, which we estimate will average 5 
hours per State, for a total burden of 270 hours.
    We expect State and local welfare agencies implementing these new 
plan provisions will also spend additional time collecting, documenting 
and inputting information when individuals apply for welfare and, if 
needed, when recipients have their benefits redetermined. However, we 
believe that the burden of collecting this information up front in the 
welfare office should be substantially, if not fully, offset by a 
reduced burden on child support and Medicaid agencies. These latter 
agencies will face a reduction in their own administrative burdens 
because they will be receiving more complete and more useful 
information on the cases that are referred from the welfare office.
    We estimate that 240,000 applicants per year would be affected by 
these additional requirements (160,000 of which would become 
recipients). We also estimate that each year about 55,000 recipients 
who were previously affected by these requirements and previously 
provided sufficient information would be again affected because of the 
birth of a new child. Thus, a total of 295,000 applicants and 
recipients would be affected on an annual basis.
    In addition, over the first couple of years, as these requirements 
are implemented, we estimate that 360,000 recipients would be affected 
at the time of their first subsequent redetermination. The vast 
majority of recipients will only be affected one time--at their first 
redetermination following the implementation of the new requirements.
    The burden on parents seeking assistance will be more significant, 
but the precise impact is difficult to determine. We do not know the 
specific policies and procedures the States will put into effect. We 
also do not know what percentages of paternity cases are already 
providing ``sufficient information'' under existing program rules. 
Nevertheless, with these caveats in mind, we estimate that the number 
of affected applicants and recipients per year would be 295,000 and the 
average additional time required of each of these applicants and 
recipients would be 30 minutes (i.e., 0.5 hours). Thus, the total 
ongoing impact would be 147,500 hours per annum.
    Likewise, we estimate that 360,000 recipients would be affected on 
a one-time basis over the first couple of years as the new requirements 
are implemented. Assuming a slightly higher hourly burden on these 
recipient parents (of 45 minutes, or 0.75 hours, per individual) would 
produce a total burden estimate of 270,000 hours.
    We do not expect that the overall burden on State and local 
agencies associated with the prompt notice requirements will be 
affected by this proposed rule.
    In summary, therefore, we estimate a net one-time burden on State 
and local agencies of 270 burden hours; annual burdens for parents who 
are either applicants or recipients with new infants of 147,500 burden 
hours; and a one-time burden on recipient parents who are newly subject 
to these requirements of 270,000 burden hours.
    The Administration for Children and Families (ACF) will consider 
comments by the public on these proposed collections of information in:
     Evaluating whether the proposed collections are necessary 
for the proper performance of the functions of ACF, including whether 
the information will have practical utility;
     Evaluating the accuracy of ACF's estimate of the burden of 
the proposed collections of information, including the validity of the 
methodology and assumptions used;
     Enhancing the quality, usefulness, and the clarity of the 
information to be collected;
     Minimizing the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other

[[Page 37240]]

technology, e.g., permitting electronic submission of responses.
    To ensure that public comments are fully understood and have the 
maximum effect on the development of final regulations, ACF urges that 
each comment clearly identify the specific section or sections of the 
regulations at issue and the type of respondent being addressed.
    OMB is required to make a decision concerning the collections of 
information contained in these proposed regulations between 30 and 60 
days after 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 on the proposed regulations. Written 
comments to OMB on the proposed information collections should be sent 
directly to the following: Office of Management and Budget, Paperwork 
Reduction Project, 725 17th Street, NW., Washington, DC 20503, ATTN: 
Ms. Wendy Taylor.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (Pub. L. 96-354) requires the 
Federal government to anticipate and reduce the impact of regulations 
and paperwork requirements on small businesses. The Secretary certifies 
that these proposed regulations will not have a significant economic 
impact on a substantial number of small entities because the primary 
impact of these regulations is on State governments and individuals. We 
do not believe that any provision will have direct impact on small 
businesses or other small entities within the scope of the Regulatory 
Flexibility Act and therefore, a regulatory flexibility analysis is not 
required.

List of Subjects

45 CFR Part 232

    Aid to families with dependent children, Child support, Grant 
programs-social programs.

45 CFR Part 235

    Aid to families with dependent children, Fraud, Grant programs-
social programs, Public assistance programs.

(Catalog of Federal Domestic Assistance Programs 93.020, Assistance 
Payments Maintenance Assistance.)

    Dated: June 21, 1996.
Mary Jo Bane,
Assistant Secretary for Children and Families.

    Approved: July 1, 1996.
Donna E. Shalala,
Secretary, Department of Health and Human Services.

    For the reasons set forth in the preamble, we propose to amend 
Chapter II of Title 45 of Code of Federal Regulations as follows:

PART 232--SPECIAL PROVISIONS APPLICABLE TO TITLE IV-A OF THE SOCIAL 
SECURITY ACT

    1. The authority citation for Part 232 is amended to read as 
follows:

    Authority: 42 U.S.C. 602, and 1302.

    2. Section 232.12 is amended by revising the introductory text of 
paragraph (b) and paragraphs (b)(1) and (b)(3).


Sec. 232.12  Cooperation in obtaining support.

* * * * *
    (b) The plan shall specify that ``cooperate'' includes any of the 
actions reflected in paragraphs (b) (1), (2), (3), or (4) of this 
section that are relevant to, or necessary for, the achievement of the 
objectives specified in paragraph (a) of this section:
    (1) Appearing at an office of the State or local agency or the 
child support agency as necessary prior to receipt of benefits (or, if 
necessary for recipients, at redetermination) to provide verbal or 
written information, or documentary evidence known to, possessed by, or 
reasonably obtainable by the applicant or recipient.
    (i) An applicant or recipient who knowingly provides false 
information shall be subject to prosecution for perjury.
    (ii) States shall specify the actions, documents and information 
required of applicants and recipients to cooperate in achieving the 
objectives specified in paragraph (a).
    (2) * * *
    (3)(i) As part of the requirement to cooperate in paternity 
establishment, providing:
    (A) The name of the putative father; and
    (B) Sufficient additional information to enable the State agency, 
if reasonable efforts were made, to verify the identity of the person 
named; including such information as the putative father's social 
security number; date of birth; past or present address; telephone 
number; past or present place of employment; past or present school 
attended; names and addresses of parents, friends or relatives able to 
provide location information; or other information which could enable 
service of process on such person.
    (ii) The State shall establish criteria for determining cooperation 
in cases where the individual cannot reasonably be expected to know the 
required identifying information about the father (including, but not 
limited to, cases where long term recipients do not know the required 
information due to a lapse of a long period of time since contact with 
the father).
* * * * *
    3. Section 232.46 is revised to read as follows:


Sec. 232.46  Granting or continuation of assistance.

    The plan shall provide that the State or local agency will not 
deny, delay, or discontinue assistance pending a determination of 
cooperation or good cause for refusal to cooperate if the applicant or 
recipient has complied with the requirements of Secs. 232.12, 232.40(c) 
and 232.43 to furnish corroborative evidence and information. This 
requirement applies to the 45-day application processing time frame, a 
shorter application period as elected by the State and to all 
applications filed under any State-defined criteria for emergency 
processing.

PART 235--ADMINISTRATION OF FINANCIAL ASSISTANCE PROGRAMS

    1. The authority citation for Part 235 continues to read as 
follows:

    Authority: 42 U.S.C. 603, 616, and 1302.

    2. Section 235.70 is amended by revising paragraph (b)(2), removing 
paragraph (b)(3), and redesignating paragraph (b)(4) as (b)(3) to read 
as follows:


Sec. 235.70  Prompt notice to child support or Medicaid agency.

* * * * *
    (b) * * *
    (1) * * *
    (2) Prompt notice means written notice including a copy of the AFDC 
case record, or all relevant information as prescribed by the child 
support agency. Prompt notice must also include all relevant 
information as prescribed by the State medicaid agency for the pursuit 
of liable third parties. The prompt notice shall be provided within two 
working days of the filing of the application.
* * * * *
[FR Doc. 96-18116 Filed 7-16-96; 8:45 am]
BILLING CODE 4150-04-M