The State plan shall provide that the State will enter into agreements, which are reflected in a record, for cooperative arrangements under § 303.107 of this chapter with appropriate courts; law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors; corrections officials; and Indian Tribes or Tribal organizations. Such arrangements may be entered into with a single official covering more than one court, official, or agency, if the single official has the legal authority to enter into arrangements on behalf of the courts, officials, or agencies. Such arrangements shall contain provisions for providing courts and law enforcement officials with pertinent information needed in locating noncustodial parents, establishing paternity and securing support, to the extent that such information is relevant to the duties to be performed pursuant to the arrangement. They shall also provide for assistance to the IV-D agency in carrying out the program, and may relate to any other matters of common concern. Under matters of common concern, such arrangements may include provisions for the investigation and prosecution of fraud directly related to paternity and child and spousal support, and provisions to reimburse courts and law enforcement officials for their assistance.
[54 FR 30222, July 19, 1989, as amended at 61 FR 67240, Dec. 20, 1996; 64 FR 6248, Feb. 9, 1999; 81 FR 93562, Dec. 20, 2016]
Notes of Decisions
Kentucky ex rel. Cabinet for Human Resources v. United States, 16 Cl. Ct. 755 (Ct. Cl. 1989).
“45 C.F.R. § 302.34 . The limitations on federal reimbursements for cooperative agreements in this category, which make FFP not available, include: (1) Service of process and court filing fees unless the court or law enforcement agency would normally be required to pay the cost…”
Bush v. Dep't of Human Resources (N.D. Ala. 2019).
· cites it 3× “federal rights by “persons” acting under color of state law; 45 C.F.R. §§ 302.34 and 302.50(e), which set out state plan requirements for child support enforcement programs under Title IV-D of the Social Security Act; Ala.”
Frederick of the Fam. Gonora v. Off. of Child Support Servic (3rd Cir. 2019).
“§ 6305 and 45 CFR § 302.34 .” Appellant’s Br. 5. However, in his reply brief, Gonora forecloses any doubt as to the applicability of Younger or the judicial nature of the underlying claims by specifically noting the docket number of the New Jersey family court proceedings.”
Frederick of the Fam. Gonora v. Risch (D.N.J. 2023).
“1 provides that “[t]he Department [of Human Services] may enter into cooperative agreements with public entities in accordance with 45 C.F.R. 302.34 and contracts with private entities for the purpose of carrying out the responsibilities granted to the Division’s OCSS .”
Manley v. State of New York (S.D.N.Y. 2023).
“HRA/DSS and Castaldi a joiner in concert;in arbitrary decisions or decision making in applying and enforcing; the failed policy 45 C.F.R. 302.34, that treated Plaintiffs differently on basis of his physical characteristics or health information.”
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