The Department of Health and Human Services (HHS), through its Administration for Children and Families (ACF) and Office of Child Support Enforcement (OCSE), has issued a Notice of Proposed Rulemaking (NPRM) signaling a substantial effort to reduce regulatory bureaucracy within federal child support enforcement programs. Published in the Federal Register on June 18, 2026, this proposal seeks to amend multiple sections of Title 45 of the Code of Federal Regulations, specifically Parts 301, 302, 303, 304, 305, 307, 308, 309, and 310. The core intent is to remove regulations deemed redundant, outdated, or more appropriately addressed through sub-regulatory guidance.
Background and Evolution of Child Support Enforcement
The Child Support Enforcement Program, established under Title IV-D of the Social Security Act in 1975, represents a critical federal-state-tribal partnership. Its primary mission is to ensure children receive financial support from noncustodial parents. Over nearly five decades, the program has evolved significantly, with Congress continually amending Title IV-D to expand responsibilities and ACF promulgating regulations to ensure consistent national administration while providing operational flexibility. Early regulations often served to introduce new statutory requirements, promote national consistency during initial implementation, or codify administrative practices that were not yet well-established among state agencies.
ACF's current review involved a thorough examination of both the regulatory text slated for rescission and the historical rulemaking records. This analysis revealed that many existing provisions were initially adopted during periods of substantial program expansion or legislative amendments, intended to clarify statutory duties or assist states during transitions. For instance, regulations from 1975 established uniform State plan requirements, while later rules in 1989, 1992, and 1998 aimed to improve interstate procedures, strengthen automated processing, and codify legislative changes like those in the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA).
Rationale for Deregulation
ACF's determination to rescind these regulations is multifaceted. A primary factor is the substantial maturation of the Title IV-D program. State and tribal agencies now operate within a well-established statutory and administrative framework, supported by decades of program guidance, policy issuances, automated systems requirements, and operational practice. Many of the regulations proposed for removal now simply restate statutory text, provide historical or descriptive information without imposing substantive new obligations, or address matters that ACF believes are better handled through sub-regulatory guidance and technical assistance. The agency asserts that retaining such provisions in regulation is no longer necessary for efficient program administration.
This deregulation initiative also aligns with directives from President Trump. Specifically, Executive Order 14219, titled "Ensuring Lawful Governance and Implementing the President's 'Department of Government Efficiency' Deregulatory Initiative" (February 19, 2025), aims to restore constitutional separation of powers by ensuring regulations are authorized by federal statutes and curbing bureaucratic overreach. Additionally, Executive Order 14192, "Unleashing Prosperity Through Deregulation," mandates a "1-in-10 out" rule, requiring the repeal of at least ten existing regulations for every new one issued. This NPRM directly contributes to these presidential deregulation goals by identifying and proposing the removal of multiple regulations deemed duplicative, unnecessary, or obsolete.
Specific Proposed Changes
The proposed rule targets several specific sections across different parts of 45 CFR. For example:
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45 CFR Part 301, Sections 301.0 and 301.10: These sections, providing scope and definitions for state plan approval and grant procedures, are proposed for removal because they do not impose additional requirements or clarification beyond what is already extensively covered in Title IV-D and other Child Support regulations. ACF argues their removal will not impact program operations.
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45 CFR Part 302, Sections 302.0, 302.1, 302.11, and 302.14: Similar to Part 301, sections 302.0 (Scope) and 302.1 (Definitions) are considered redundant. Section 302.11, which requires state financial participation, is duplicative of Section 454(2) of the Social Security Act, a statutory requirement that remains in effect regardless of the regulation's removal. Section 302.14, pertaining to fiscal policies and accountability, cross-references other federal requirements, making its standalone regulatory text less critical.
ACF explicitly states that these proposed rescissions are not intended to alter the underlying statutory obligations applicable to state or tribal child support agencies. Where statutory requirements remain in effect, agencies will continue to be bound by them, independent of the removal of duplicative regulatory text. The agency believes that removing these provisions will improve regulatory clarity by reducing confusion about whether specific regulatory texts impose obligations distinct from those already established by statute.
Public Comment and Severability
ACF has opened a public comment period, inviting stakeholders to provide feedback on how these proposed changes might impact states' ability to efficiently provide child support enforcement and services, and whether there would be any effects on children and families served by these programs. Comments must be received by July 20, 2026. The NPRM also includes a severability clause, indicating that if any specific provision of the rule is later invalidated by a court, the remaining provisions would still be considered valid and enforceable. This ensures the overall intent of the proposed rule can be maintained even if parts are challenged.
