Form 1 Stafford Act Request Form

OMB Control No: 0970 - XXXX
Expiration Date: New

OCSE Stafford Act Flexibilities Request Form

OCSE recognizes that specific states and tribes may need flexibilities in addition to the modified timeframes
listed in DCL-20-04. Section 301 of the Stafford Act, 42 U.S.C. § 5141, provides that “Any Federal agency charged
with the administration of a Federal assistance program may, if so requested by the applicant State [or Indian
tribal government] or local authorities, modify or waive, for a major disaster, such administrative conditions for
assistance as would otherwise prevent the giving of assistance under such programs if the inability to meet such
conditions is a result of the major disaster.”[1]

Complete this form to request additional program flexibilities during the declared major disaster and submit it to
the Regional Program Manager in your area. The request from the state or tribal child support director must
identify the specific timeframe(s) needing modification or waiver (including the statutory or regulatory
citations), a short description/rationale justifying the need for the modification or waiver of the timeframe
based on the impact of the COVID-19 pandemic on program operations, and the desired revised timeframe.
OCSE will expedite the review process and the Regional Program Manager will provide a response via email to
the state or tribal child support director.
Complete this section

State/Territory/Tribe
Modification of Timeframe(s) from DCL-20-04
Identify in the table below any requested timeframe modifications from the examples in DCL-20-04.
CRITERIA

DESCRIPTION

STATUTE/REGULATION

CURRENT
REQUIREMENT

FLEXIBILITY

STATE PLAN

Payment disbursement
within 2 business days

454B (c) (1)
302.32(b)(1), (2)(i), and
2(ii)

2 Business
Days

5 Business Days for
fully electronic
processes and 10
Business days if
manual processes
are required.

[1]Regulations

issued by the Federal Emergency Management Agency (FEMA) under the Stafford Act at 44 CFR 206.2(a)(16),
define the term “local government” to include Indian tribe, authorized tribal organization, or Alaska Native village or
organization.
PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13) STATEMENT OF PUBLIC BURDEN: Through this information collection,
ACF is gathering information from state and tribal Title IV-D child support agencies requesting administrative flexibilities under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5191, due to the COVID-19 pandemic. Public
reporting burden for this collection of information is estimated to average 1 hour per request, including the time for reviewing
instructions, gathering and maintaining the data needed, and reviewing the collection of information. This is a voluntary
collection of information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of
information subject to the requirements of the Paperwork Reduction Act of 1995, unless it displays a currently valid OMB
control number. If you have any comments on this collection of information, please contact ocsedro@acf.hhs.gov.

Stafford Act Request Form | 1

CRITERIA

DESCRIPTION

STATUTE/REGULATION

CURRENT
REQUIREMENT

FLEXIBILITY

STATE PLAN

Child support guidelines
reviews conducted at
least once every four
years

467(a), 469

Every 4 years

If a state is in the
process of
conducting a
review or is
initiating a review
in 2020, the state
has one additional
year to complete
the review.

302.56(e)

PATERNITY
AND SUPPORT
ORDER

Establish orders or
complete service of
process within 90
calendar days of locate

303.4(d)

90 Calendar
Days

180 Calendar Days

ENFORCEMENT

Take enforcement action
within 30 calendar days
of delinquency

303.6(c)(2)

30 Calendar
Days

60 Calendar Days

ENFORCEMENT

Take enforcement action
within 60 calendar days
of delinquency when
service of process is
necessary

303.6(c)(2)

60 Calendar
Days

120 Calendar Days

INTERSTATE

Make Intergovernmental
referrals within 20
calendar days

303.7(c)(4)(i),(ii)

20 Calendar
Days

40 Calendar Days

INTERSTATE

Take specified actions
within 75 calendar days
of receipt of an
intergovernmental form
and documentation from
its central registry

303.7(d)(2)(i), (ii), and
(iii)

75 Calendar
Days

150 Calendar Days

INTERSTATE

Within 10 working days
of locating the
noncustodial parent in a
different State, return
forms, or, if directed,
forward/transmit forms
to noncustodial parent’s
state

303.7(d)(3)

10 Working
Days

20 Working Days

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CRITERIA

DESCRIPTION

STATUTE/REGULATION

CURRENT
REQUIREMENT

FLEXIBILITY

INTERSTATE

Forward/transmit forms
within 10 working days of
locating the noncustodial
parent in a different
political subdivision
within the State

303.7(d)(4)

10 Working
Days

20 Working Days

INTERSTATE

File the controlling order
determination request
within 30 calendar days

303.7(d)(5)(i)

30 Calendar
Days

60 Calendar Days

INTERSTATE

Notify appropriate
jurisdictions of the
controlling order
determination and any
reconciled arrearages
within 30 calendar days

303.7(d)(5)(ii)

30 Calendar
Days

60 Calendar Days

INTERSTATE

Within 10 working days
of receipt of instructions
for case closure, stop
responding state income
withholding and close
interstate case

303.7(d)(9)

10 Work Days

20 Work Days

REVIEW AND
ADJUSTMENT

Provide notice (of the right 303.8(b)(7)(ii)
to request review of the
order) within 15 business
days when learning of
noncustodial parent
incarceration of more than
180 calendar days

15 Business
Days

30 Business Days

INCOME
WITHHOLDING

Issue the income
withholding order
(IWO) notice to the
employer within 2
business days

303.100 (e)(2), 303.100
(e)(3), 454A(g)(1)(A)(i),
466, 453A (g) (1)

2 Business
Days

5 Business Days for
fully electronic
processes and 10
Business days if
manual processes
are required.

SYSTEMS

The statewide system
must transmit IWO
orders and notices to
employers and other
debtors within 2 business
days

307.11 (c) (1) (i)

2 Business
Days

5 Business Days for
fully electronic
processes and 10
Business days if
manual processes
are required.

Stafford Act Request Form | 3

CRITERIA

DESCRIPTION

STATUTE/REGULATION

TRIBAL PLAN

Provide notices of
support collected
itemized by month of
collection, at least once a
year

309.75(c)

TRIBAL PLAN

309.105(a)(4)
Indicate that child
support guidelines will be
reviewed and revised, if
appropriate, at least once
every four years

CURRENT
REQUIREMENT

FLEXIBILITY
Yearly notices of
support collected
due may be sent to
families no later
than December 31,
2020.

Every 4 years

If a tribe is in the
process of
conducting a
review or is
initiating a review
in 2020, the tribe
has one additional
year to complete
the review

Other Modification or Waiver Being Requested
Identify the program requirement needing modification or waiver.

Statutory or Regulatory Citations
Enter the statutory or regulatory citations of the requirement you are requesting to have modified or waived. (No
citations are needed for timeframes from the above chart.)

Reason for Request
Describe the specific impact on the program that prompts your request. If requesting flexibility on a timeframe,
please specify your proposed new timeframe.

Date of Submission:
Submitted By:

Stafford Act Request Form | 4

For Federal Office of Child Support Enforcement Use Only

Date Submission Received
Division Assigned
Office of Audit
Division of Federal Systems
Division of Policy and Training
Division of Program Innovation
Division of Regional Operations
Division of State and Tribal Systems

Recommendation

Date Completed

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