[Federal Register Volume 86, Number 215 (Wednesday, November 10, 2021)]
[Proposed Rules]
[Pages 62502-62503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24606]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 302

[Docket No. ACF-2020-0002]
RIN 0970-AC81


Optional Exceptions to the Prohibition Against Treating 
Incarceration as Voluntary Unemployment Under Child Support Guidelines

AGENCY: Office of Child Support Enforcement (OCSE), Administration for 
Children and Families (ACF), Department of Health and Human Services 
(HHS).

ACTION: Notice of proposed rulemaking; withdrawal.

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SUMMARY: OCSE is withdrawing a previously published notice of proposed 
rulemaking (NPRM) that solicited public comment on two optional 
exceptions to the prohibition against treating incarceration as 
voluntary unemployment in child support cases.

DATES: The NPRM published at 85 FR 58029, September 17, 2020, is 
withdrawn, effective immediately.

FOR FURTHER INFORMATION CONTACT: Yvette Riddick, Division of Policy and 
Training, Office of Child Support Enforcement, (202) 401-4885. Email 
inquiries to [email protected]. Deaf and hearing-impaired 
individuals may call the Federal Dual Party Relay Service at 1-800-877-
8339 between 8 a.m. and 7 p.m. Eastern Time.

SUPPLEMENTARY INFORMATION: On September 17, 2020, HHS published an NPRM 
(85 FR 58029) to the regulations at 45 CFR part 302 on two optional 
exceptions to the prohibition against treating incarceration as 
voluntary unemployment in child support cases. The NPRM included a 
comment period closing on November 16, 2020.
    In response to the proposed rule, HHS received comments from 9 
state child support agencies, 5 child support associations, 1 elected 
official, 1 nonprofit organization, and 33 private individuals. Most 
states are in compliance with the existing prohibition against treating

[[Page 62503]]

incarceration as voluntary unemployment as stated in the Flexibility, 
Efficiency, and Modernization in Child Support Programs (FEM) final 
rule published in the Federal Register on December 20, 2016 (81 FR 
93492). Setting and modifying realistic child support obligations for 
incarcerated parents can improve their ability to provide consistent 
support for their children upon release from prison. Formerly 
incarcerated noncustodial parents will be more likely to meet their 
child support obligations, benefiting their children by improving child 
support compliance and reliability, and reducing uncollectable debt.
    Other collateral consequences associated with orders set beyond a 
noncustodial parent's ability to pay may also decline, such as 
increased underground employment activity and reduced contact with 
their children.
    HHS is therefore withdrawing the NPRM published on September 17, 
2020 (85 FR 58029).

JooYeun Chang,
Acting Assistant Secretary for Children and Families.
Xavier Becerra,
Secretary.
[FR Doc. 2021-24606 Filed 11-9-21; 8:45 am]
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