Page:United States Statutes at Large Volume 102 Part 3.djvu/395

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-485—OCT. 13, 1988

102 STAT. 2347

part should be reviewed, the State must, at the request of either parent subject to the order, or of a State child support enforcement agency, initiate a review of such order, and adjust such order, as appropriate, in accordance with the guidelines established pursuant to section 467(a). "(B) Procedures to ensure that, beginning 5 years after the date of the enactment of this paragraph or such earlier date as the State may select, the State must implement a process for the periodic review and adjustment of child support orders being enforced under this part under which the order is to be reviewed not later than 36 months after the establishment of the order or the most recent review, and adjusted, as appropriate, in accordance with the guidelines established pursuant to section 467(a), unless— "(i) in the case of an order with respect to an individual with respect to whom an assignment under section 402(a)(26) is in effect, the State has determined, in accordance with regulations of the Secretary, that such a review would not be in the best interests of the child and neither parent has requested review; and "(ii) in the case of any other order being enforced under this part, neither parent has requested review, "(C) Procedures to ensure that the State notifies each parent subject to a child support order in effect in the State that is being enforced under this part— "(i) of any review of such order, at least 30 days before the commencement of such review; and "(ii) of the right of such parent under subparagraph (B) to request the State to review such order; and "(iii) of a proposed adjustment (or determination that there should be no change) in the child support award amount, and such parent is afforded not less than 30 days after such notification to initiate proceedings to challenge such adjustment (or determination).". (d) STUDY OF IMPACT OF EXTENDING PERIODIC REVIEW REQUIRE- 42 USC 666 note. MENT TO ALL OTHER CASES.—Within 2 years after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct and complete a study to determine the impact on child support awards and the courts of requiring each State to periodically review all child support orders in effect in the State. (e) DEMONSTRATION PROJECTS FOR EVALUATING MODEL PROCEDURES Contracts. FOR REVIEWING CHILD SUPPORT AWARDS.—(1) Not later than April 1, 42 USC 666 note. 1989, the Secretary of Health and Human Services (in this subsection referred to as the "Secretary") shall enter into an agreement with each of 4 States submitting applications under this subsection for the purpose of conducting a demonstration project under part D of title IV of the Social Security Act in the State to test and evaluate model procedures for reviewing child support award amounts. (2) Notwithstanding section 454(1) of the Social Security Act, a demonstration project conducted under this subsection may be conducted in one or more political subdivisions of the State. (3) An agreement under this subsection shall be entered into between the Secretary and the State agency designated by the Governor of the State involved. Under such agreement, the Secretary shall pay to the State, as an additional payment under part D of title IV of the Social Security Act, an amount equal to 90 percent of the reasonable costs incurred by the State in conducting a dem-