[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 ``[email protected]'', 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