Child Support Enforcement program; medical support. Final regulation

This regulation revises Federal requirements for establishing and enforcing medical support obligations in Child Support Enforcement (CSE) program cases receiving services under title IV-D of the Social Security Act (the Act). The changes: require that all support orders in the IV-D program address medical support; redefine reasonable-cost health insurance; require health insurance to be accessible, as defined by the State; and make conforming changes to the Federal interstate, substantial compliance audit, and State self-assessment requirements.     

欧美：严惩国际儿童诱拐

作为移民国家,美国父母诱拐儿童的历史由来已久,而且案发量逐年增加。为此,美国加快了立法进程,逐步形成了较为完备的法律体系。目前不但联邦有统一的法律,而且各州也制定了相关的法律。既有涉及民事的法律,又有涉及刑事的法律。在所有50个州的法律中,都将父母拐骗行为定为严重犯罪。     

Child support enforcement program: paternity establishment and revision of child support enforcement program and audit regulations--Office of Child Support Enforcement. Final rule

This final rule contains provisions regarding both paternity establishment and the audit. The paternity establishment provisions implement the requirements of section 13721 of the Omnibus Budget Reconciliation Act of 1993 (OBRA '93) signed by the President on August 10, 1993, which amends title IV-D of the Social Security Act (the Act). These provisions require States to adopt procedures for a simple civil process for the voluntary acknowledgement of paternity, including early paternity establishment programs in hospitals. For paternity cases that remain contested, the statutory provisions require States to adopt a variety of procedures designed to streamline the paternity establishment process. These include the use of default orders, a presumption of paternity based on genetic test results, conditions for admission of genetic test results as evidence, and expedited decision-making processes for paternity cases in which title IV-D services are being provided. In addition, this final regulation amends the Child Support Enforcement program regulations governing the audit of State Child Support Enforcement (IV-D) programs and the imposition of financial penalties for failure to substantially comply with the requirements of title IV-D of the Act. This regulation specifies how audits will evaluate State compliance with the requirements set forth in title IV-D of the Act and Federal regulations, including requirements resulting from the Family Support Act of 1988 and section 13721 of OBRA '93. This final regulation also redefines substantial compliance to place greater focus on performance and streamlines Part 305 by removing unnecessary sections.     

National Medical Support Notice. Office of Child Support Enforcement, Administration for Children and Families, HHS. Final rule

This rule implements provisions of the Child Support Performance and Incentives Act of 1998 (CSPIA), Public Law 105-200, that require State child support enforcement agencies, under title IV-D of the Social Security Act (the Act), to enforce the health care coverage provision in a child support order through the use of the National Medical Support Notice (NMSN). A proposed rule was published in the Federal Register on November 15, 1999 (64 FR 62074). After consideration of the written comments received, changes have been made in this final regulation, including changes to the NMSN found in the Appendix.     

东盟贸易自由化若干协议的法律效力及实施

建立自由贸易区是东盟贸易自由化的一个重要层面,以绕开WTO多边协议的困难,克服WTO多边贸易体系的种种弊端.建立和完善自由贸易区的法律基础,是自由贸易区相关的各项协议,尤其是双边自由贸易协定(FTA).以东盟自由贸易区(AFTA)和中国一东盟自由贸易区(CAFTA)中的相关协议协定为核心,研究了东盟贸易自由化若干协议的法律效力及其在实施过程中的障碍,并提出相应的应对措施.     

Child support enforcement program; extension of services to Medicaid recipients and to former AFDC recipients--Office of Child Support Enforcement, HHS. Final rule

These final rules implement sections 9141 and 9142 of Public Law 100-203, the Omnibus Budget Reconciliation Act of 1987, which amended title IV-D of the Social Security Act (the Act). Section 9141, effective December 22, 1987, amended section 457(c) of the Act to require State child support enforcement (IV-D) agencies to provide appropriate notice and to continue to provide IV-D services to persons no longer eligible for Aid to Families with Dependent Children (AFDC) under title IV-A of the Act. The IV-D agency must continue to provide services and pay any amount of support collected to the family on the same basis and under the same conditions as pertain to other non-AFDC families, except that no application, other request to continue services or any application fee for services may be required. Section 9142, effective July 1, 1988, amended section 454 of the Act to require State IV-D agencies to provide IV-D services to families who receive Medicaid and have assigned to the State, under section 1912 of the Act, their rights to medical support and to payment of medical care from any third party, and to provide for distribution by the State of medical support collections under section 1912 of the Act.     

Crossroads: The Intersection of Immigrant Enforcement and the Child Welfare System

Diana's children were placed in foster care when they were one‐ and three‐year‐olds. Their mother was arrested when she fought back to defend herself against an attack by her abusive boyfriend, Thomas. Thomas assaulted her in her apartment when she tried to end their relationship. A neighbor heard screams and called the police. When officers arrived, Thomas told his version of the events, but Diana was not able to communicate with the officers, since they did not speak Spanish and did not obtain the assistance of interpreters. The officers saw scratches on Thomas and a possible bite mark, in addition to bruises and scratches on Diana, arrested both of them, and called Child Protective Services (CPS) to take the children. Immigration and Customs Enforcement (ICE) soon issued a detainer when they obtained a copy of Diana's fingerprints through the Secure Communities program ¹ in effect in her local jurisdiction. Upon further review of the circumstances, the prosecutor decided to drop the charges against Diana; however, ICE took custody of her. She was subsequently transferred to a different immigrant detention center 300 miles away. The CPS caseworker placed Diana's children in temporary foster care with foster parents who did not speak Spanish, instead of with a willing aunt who had undocumented immigration status. Diana's children, born in the United States, are U.S. citizens. As the months passed, the children were no longer learning Spanish. The children did not visit with or talk with their mother for over six months because the CPS caseworker was unsure of Diana's whereabouts and how to communicate with her, despite that the original case plan called for reunification. As a result, the goal of the case plan was revised to pursue the termination of parental rights instead of family reunification.