45 CFR § 302.34 "cooperative arrangements" for Nantucket County

Josh Coffin filed this request with the Massachusetts Department Of Revenue Child Support Enforcement Division of Massachusetts.
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From: Josh Coffin

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

The 45 CFR § 302.34 "cooperative arrangements" for Nantucket County containing the required 45 CFR § 303.107 content within the last three (3) years.

Pursuant to 45 CFR § 302.34:
"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 [& their personnel]; law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police]; corrections officials; and Indian Tribes or Tribal organizations."

Pursuant to 45 CFR § 303.107:
The State must ensure that all cooperative arrangements:
(a) Contain a clear description of the specific duties, functions and responsibilities of each party;
(b) Specify clear and definite standards of performance which meet Federal requirements;
(c) Specify that the parties will comply with title IV-D of the Act, implementing Federal regulations and any other applicable Federal regulations and requirements;
(d) Specify the financial arrangements including budget estimates, covered expenditures, methods of determining costs, procedures for billing the IV-D agency, and any relevant Federal and State reimbursement requirements and limitations;
(e) Specify the kind of records that must be maintained and the appropriate Federal, State and local reporting and safeguarding requirements; and
(f) Specify the dates on which the arrangement begins and ends, any conditions for revision or renewal, and the circumstances under which the arrangement may be terminated.

To further support my request, I submit the following facts:
1. Pursuant to "Audits And Financial Penalties", contained within Section 8 of the Federal Manual of Child Support Enforcement: "Audits are required at least every 3 years to determine whether the standards and requirements prescribed by law and regulations have been met by the child support program of every State."
2. 45 CFR § 302.34 states: "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."

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Josh Coffin

From: Massachusetts Department Of Revenue Child Support Enforcement Division

Dear Mr. Coffin:

This is to acknowledge receipt of your public records request dated October 14, 2020, received by the Child Support Enforcement Division of the Massachusetts Department of Revenue on the same date.

We are currently looking into your request and will respond promptly.

Thank you,

Amy Clayman
Department of Revenue
Child Support Enforcement Division

From: Massachusetts Department Of Revenue Child Support Enforcement Division

Dear Mr. Coffin:

This email is in regard to your public records request dated October 14, 2020, received by this office on the same date.

I am writing to let you know that we will need additional time to process this production. We currently expect to produce responsive records by November 4, 2020.

Thank you,

Amy Clayman

From: Massachusetts Department Of Revenue Child Support Enforcement Division

Please see attached letter in response to this request.

From: Massachusetts Department Of Revenue Child Support Enforcement Division

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  • FY202020DOR-CSE20TRC20Administrative20Services20ISA20Amendment-Final-sent06-28-2019.pdf

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From: Josh Coffin

Hi Amy Clayman,

Thank you so much for the information you have provided, but it looks like the response didn't include the 45 CFR § 302.34 "cooperative arrangements" between the MA DOR CSE and (1) law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police], (2) corrections officials, and (3) Indian Tribes or Tribal organizations. Also, do you have a time frame for that?

Thank you again for your time,

Josh Coffin

From: Massachusetts Department Of Revenue Child Support Enforcement Division

Hello Mr. Coffin –

I am sorry for the delay in providing the additional materials. I will provide any responsive documents by the end of next week (November 20, 2020) at the latest.

Thank you,

Amy Clayman

From: Massachusetts Department Of Revenue Child Support Enforcement Division

Dear Mr. Coffin –

Please be advised that DOR does not have any documents that are responsive to your request for “cooperative arrangements between the MA DOR CSE and (1) law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police], (2) corrections officials, and (3) Indian Tribes or Tribal organizations” in Nantucket County.

Thank you,

Amy Clayman
Department of Revenue
Child Support Enforcement Division

From: Josh Coffin

Hi Amy Clayman,

Thank you for your help partially fulfilling this request. I think there must have been some confusion, so I am now providing an updated version with attached example materials I received from RI, which I hope will help to clarify the kinds of records I am seeking.

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
All contracts, memorandums of understanding, and any other agreements/arrangements (including 45 CFR § 302.34 "cooperative arrangements") between the MA IV-D Agency (your agency) and
(1) appropriate courts [& their personnel];
(2) law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police];
(3) corrections officials; and
(4) Indian Tribes or Tribal organizations containing the required 45 CFR § 303.107 content regarding the Title IV-D Program or Title IV-D Services.

Since your Agency is the M.G.L. Ch. 119A, Sec. 1 "single state agency within the commonwealth... referred to as the IV–D agency," it is our understanding that this office would be best suited to providing records responsive to this request. If you believe that another agency should be the recipient of this request, your direction would be greatly appreciated.

Pursuant to 45 CFR § 302.34:
"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 [& their personnel]; law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police]; 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."

Pursuant to 45 CFR § 303.107:
The State must ensure that all cooperative arrangements:
(a) Contain a clear description of the specific duties, functions and responsibilities of each party;
(b) Specify clear and definite standards of performance which meet Federal requirements;
(c) Specify that the parties will comply with title IV-D of the Act, implementing Federal regulations and any other applicable Federal regulations and requirements;
(d) Specify the financial arrangements including budget estimates, covered expenditures, methods of determining costs, procedures for billing the IV-D agency, and any relevant Federal and State reimbursement requirements and limitations;
(e) Specify the kind of records that must be maintained and the appropriate Federal, State and local reporting and safeguarding requirements; and
(f) Specify the dates on which the arrangement begins and ends, any conditions for revision or renewal, and the circumstances under which the arrangement may be terminated.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,
Josh Coffin

From: Massachusetts Department Of Revenue Child Support Enforcement Division

Dear Mr. Coffin –

I write in response to the below email, dated December 10, 2020. In your original request dated September 28, 2020, you asked specifically for “[t]he 45 CFR § 302.34 "cooperative arrangements" for Nantucket County containing the required 45 CFR § 303.107 content within the last three (3) years.” (emphasis added). All responsive documents were sent to you on November 6, 2020.

Are you now submitting a new request for documents pertaining to all counties in Massachusetts? Please clarify the exact nature of the documents you are requesting.

Thank you,

Amy Clayman
Department of Revenue
Child Support Enforcement Division

From: Josh Coffin

Hi Amy Clayman,

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:
All contracts, memorandums of understanding, and any other agreements/arrangements (including 45 CFR § 302.34 "cooperative arrangements") between the MA IV-D Agency (your agency) and
(1) appropriate courts [& their personnel];
(2) law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police];
(3) corrections officials; and
(4) Indian Tribes or Tribal organizations containing the required 45 CFR § 303.107 content regarding the Title IV-D Program or Title IV-D Services.

Since your Agency is the M.G.L. Ch. 119A, Sec. 1 "single state agency within the commonwealth... referred to as the IV–D agency," it is our understanding that this office would be best suited to providing records responsive to this request. If you believe that another agency should be the recipient of this request, your direction would be greatly appreciated.

Pursuant to 45 CFR § 302.34:
"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 [& their personnel]; law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police]; 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."

Pursuant to 45 CFR § 303.107:
The State must ensure that all cooperative arrangements:
(a) Contain a clear description of the specific duties, functions and responsibilities of each party;
(b) Specify clear and definite standards of performance which meet Federal requirements;
(c) Specify that the parties will comply with title IV-D of the Act, implementing Federal regulations and any other applicable Federal regulations and requirements;
(d) Specify the financial arrangements including budget estimates, covered expenditures, methods of determining costs, procedures for billing the IV-D agency, and any relevant Federal and State reimbursement requirements and limitations;
(e) Specify the kind of records that must be maintained and the appropriate Federal, State and local reporting and safeguarding requirements; and
(f) Specify the dates on which the arrangement begins and ends, any conditions for revision or renewal, and the circumstances under which the arrangement may be terminated.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,
Josh Coffin

From: Massachusetts Department Of Revenue Child Support Enforcement Division

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From: Massachusetts Department Of Revenue Child Support Enforcement Division

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Massachusetts Department of Revenue Notification Service

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From: Massachusetts Department Of Revenue Child Support Enforcement Division

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From: Josh Coffin

Hi Amy Clayman,

Thank you for providing the following recent documents between your Agency and (A) Massachusetts Trial Courts, (B) Massachusetts Parole Board, (Ca) Bristol County DA's Office,
(Cb) Plymouth County DA's Office, and (Cc) Norfolk County DA's Office.

Unfortunately, this request is missing documents between your Agency and the remaining existing MA DA's offices[1] (among other things) listed here for your convenience: (one) Berkshire County District Attorney's Office, (two) The Cape and Islands District Attorney's Office, (three) Essex County District Attorney's Office, (four) Hampden County District Attorney's Office, (five) Middlesex County District Attorney's Office, (six) Northwestern County District Attorney's Office, (seven) Suffolk County District Attorney's Office, and (eight) Worcester County District Attorney's Office.

Also, unfortunately this response also not include all contracts, memorandums of understanding, and any other agreements/arrangements (including 45 CFR § 302.34 "cooperative arrangements") between the MA IV-D Agency (your agency) and (1) law enforcement officials, such as [remaining] district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police], (2) corrections officials, and (3) Indian Tribes or Tribal organizations.

Do you have a time frame for that?

Sincerely,

Josh Coffin

[1] https://www.mass.gov/lists/directory-of-district-attorney-offices

From: Massachusetts Department Of Revenue Child Support Enforcement Division

Dear Mr. Coffin,

From: Josh Coffin

Hi Amy Clayman,

Thank you for providing the following recent documents between your Agency and (A) Massachusetts Trial Courts, (B) Massachusetts Parole Board, (Ca) Bristol County DA's Office,
(Cb) Plymouth County DA's Office, and (Cc) Norfolk County DA's Office.

Unfortunately, this request is missing documents between your Agency and the remaining existing MA DA's offices[1] (among other things) listed here for your convenience: (one) Berkshire County District Attorney's Office, (two) The Cape and Islands District Attorney's Office, (three) Essex County District Attorney's Office, (four) Hampden County District Attorney's Office, (five) Middlesex County District Attorney's Office, (six) Northwestern County District Attorney's Office, (seven) Suffolk County District Attorney's Office, and (eight) Worcester County District Attorney's Office.

Also, unfortunately this response also not include all contracts, memorandums of understanding, and any other agreements/arrangements (including 45 CFR § 302.34 "cooperative arrangements") between the MA IV-D Agency (your agency) and (1) law enforcement officials, such as [remaining] district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police], (2) corrections officials, and (3) Indian Tribes or Tribal organizations.

Do you have a time frame for that?

Sincerely,

Josh Coffin

[1] https://www.mass.gov/lists/directory-of-district-attorney-offices

From: Massachusetts Department Of Revenue Child Support Enforcement Division

Dear Mr. Coffin –

This is my third response to the same request for documents. As I stated in my email of December 29, 2020, the Child Support Enforcement Division of the Massachusetts Department of Revenue (DOR) has already provided all responsive documents.

The following documents were provided to you on December 23, 2020:

1. FY2021 ISA between DOR and Trial Court, which includes these files:
FY2021 DOR Trial Court Administrative Services ISA effective 09-01-2020
FY2021 DOR Trail Court Administrative Services ISA – final 09-03-2020
FY2021 TRC ISA Amendment – Final – 06-26-2020
FY2021 Trial Court ISA Amendment – Final 8-3-20

Note: The ISA with the Trial Court was provided on November 6, 2020 and December 23, 2020.
2. FY2021 ISAs between DOR and the Bristol, Plymouth and Norfolk District Attorney offices, including these files:
FY2021 DOR Bristol DA ISA Final
FY2021 DOR Plymouth DA ISA-final-07-01-2020
FY2021 Norfolk DA ISA-final 07-13-2020

THERE ARE NO CONTRACTS, MEMORANDUMS OF UNDERSTANDING OR AGREEMENTS WITH ANY OTHER DISTRICT ATTORNEYS OFFICES
3. ISA between DOR and the Massachusetts Parole Board
THERE ARE NO CONTRACTS, MEMORANDUMS OF UNDERSTANDING OR AGREEMENTS WITH ANY OTHER LAW ENFORCEMENT OFFICIALS

1. DOR does not have any contracts, memorandums of understanding, or any other agreements/arrangements with any Indian Tribes or Tribal Organizations.
This request is closed. I will not respond to any additional correspondence regarding a request for these documents or any other documents that have already been provided.

Sincerely,

Amy M. Clayman
Department of Revenue
Child Support Enforcement Division

From: Josh Coffin

Hi Amy Clayman,

So that we are on the same page, please refer to this "Initial Response Flow Chart" regarding MA public records requests. Here is the direct link from the Secretary of the Commonwealth's Public Records Division: https://www.sec.state.ma.us/pre/prepdf/10-Day-Response-Flow-Chart-2018.pdf

For the requested not in your possession, please respond (as per the above Flow Chart) with the following which I will need to acquire these records:
1. Identify records you do not have;

2. Provide identity of entity that may have records; and

3. Inform of right to appeal (i.e. who is the appeals officer for MA public records requests received by MA DOR CSE?)

Thank you again for your time,

Josh Coffin

From: Massachusetts Department Of Revenue Child Support Enforcement Division

Dear Mr. Coffin –

The Child Support Enforcement Division of the Massachusetts Department of Revenue (DOR) has already responded to this same request for information on December 1, 2021, December 22, 2020, December 29, 2020 and January 29, 2021. DOR has therefore fulfilled its obligation regarding your repeated requests for the same public records, including providing to you the procedure for challenging DOR’s response.

Sincerely,

Amy M. Clayman
Department of Revenue
Child Support Enforcement Division

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