The following examples of such fact patterns were received: when the obligor, obligee or child has died; when the obligor's duty to support the child has been terminated by a court; when the obligor and obligee reconcile; and when the child leaves a IV-E funded foster care placement. In an effort to be responsive to the President's Memorandum of March 4, 1995, which announced a government-wide Regulatory Reinvention Initiative to reduce or eliminate burdens on States, other governmental agencies or the private sector, and in compliance with section 204 of the Unfunded Mandates Reform Act of 1995, Pub. If you have not consulted with an experienced family law attorney, you should do so. 2. * * * * *, (b) * * * Child support cases are therefore designated as either "IV-D cases" or "non-IV-D cases." Family law practitioners should understand the difference between IV-D and non-IV-D cases and what services are provided in each type of case. For case information, you may also call 1-888-524-3578. To find out if your case may be transferred, contact your current CSEA. Question 7: What should a responding State do when an initiating State requests the responding State to close the case and either does not provide a reason for closure, or offers an explanation that does not conform with the case closure criteria set forth in 303.11(b)? It may also be possible to close the case, under 303.11(b)(11), if the IV-D agency is unable to contact the custodial parent within a 30-day period despite attempts by both phone and at least one certified letter, or under 303.11(b)(12), if the IV-D agency documents the circumstances of the custodial parent's non-cooperation and an action by the custodial parent is essential for the next step in providing IV-D services. Judgment: A final determination by the court about the rights and responsibilities of the parties in a case, which usually establishes parentage (who the parent of the child is), and orders child support and health insurance. 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. (3) Newly redesignated paragraph (b)(11). For this reason, the case must remain open unless the family instructs the IV-D agency that it no longer desires services. Otherwise the case must remain open until the three-year time period has expired. HTML PDF: 388-14A-7115 2. Another reason why it would be imprudent to adopt this recommendation is that the interstate request for services may be based solely upon an arrearage owed to the initiating State, and the whereabouts of the custodial parent may be unknown to both States. Question 15: How should a IV-D case be closed when the former AFDC recipient previously refused continued IV-D services upon termination of AFDC benefits but the IV-D case remains open because arrears were still owed the State? At Sec. 4. If the case is closed, the former recipient of services may request at a later date that the case be reopened if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of an order by completing a new application for IV-D services and paying any applicable application fee. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. Comment: Five commenters asked if the 60 calendar day period (related to time frame in which the IV-D agency is unable to contact the recipient of services) referenced in paragraph (b)(10) could be viewed as satisfying the 60 calendar day period (related to the notice of case closure time frame during which the recipient of services may respond to the notice) referenced in paragraph (c). Description of Regulatory Provisions---Sec. Response: This comment will not be incorporated. Section 303.11(b)(1) as revised, provides that, "There is no longer a current support order and arrearages are under $500 or unenforceable under State law[.]'' 303.11 on case closure criteria was reviewed to determine what changes could be made to help States with their case closure process, while ensuring that all viable cases remained open. * * * * *. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. After a IV-D agency has closed a case pursuant to the procedures outlined in 45 CFR 303.11, the former recipient of services may reapply for services at any time, provided this individual is otherwise eligible to receive IV-D services. 1. Comment: One commenter requested a clarification of the term "regular'' attempts to locate. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. APRS who is receivingaid cannot close the case because all the support he or she is entitled to while on aid is assigned to the State. Proceed with closure of your responding IV-D OCSE regulation 302.33(a) provides that child support services established under a State plan shall be made available to any individual who files an application for the services with the IV-D agency. The circumstances under which a case could be closed include, for example, instances in which legitimate and repeated efforts over time to locate putative fathers or obligors are unsuccessful because of inadequate identifying or location information, or in interstate cases in which the responding State lacks jurisdiction to work a case and the initiating State has not responded to a request for additional information or case closure. Use of Federal Child Support Case Closure Regulations 2 OEI 06-00-00470 . It is meant to be illustrative and is not intended to be exhaustive. 6. In addition, it must be kept in mind that the individuals the IV-D agency is attempting to contact with this mailing are recipients of services who are not receiving public assistance. The State could, when the IV-D agency realizes it failed to send the family of the notice of continuation of services, send such notice at that time, and then, as appropriate, follow with the letter of intent to close the IV-D case. Step 4: Reference the original child support order and outline the case or order number. II. The more information you provide helps us expedite the child support process. Conversely, another commenter objected to reducing the existing three-year period to one year. Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. 605(b), as enacted by the Regulatory Flexibility Act (Pub. As we stated in OCSE-PIQ-92-13, a IV-D agency may not adopt a policy of requiring IV-D obligees to request case closure of their IV-D cases while they have contracts with private collection agencies. In light of these considerations, this recommendation was not adopted. Child support, Grant programs/social programs, Reporting and recordkeeping requirements. In the final Program Standards regulations dated August 4, 1989 (54 FR 32284), and issued in OCSE-AT-89-15, we gave examples of appropriate instances in which to close cases. However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. In accordance with 302.33(a)(4), whenever a family is no longer eligible for assistance under the State's AFDC, IV-E foster care, and Medicaid programs, the IV-D agency must, within five working days of the notification of ineligibility, notify the family that IV-D services will be continued unless the family notifies the IV-D agency otherwise. Response: The 60 calendar day time period appearing in paragraph (b)(10) commences with the date the letter is mailed to the recipient of services. BACKGROUND: Since publication of regulations governing standards for program operations (54 FR 32284, August 4, 1989, as disseminated in OCSE Action Transmittal 89-15 on the same date), we have received numerous requests for clarification of the case closure criteria listed at 45 CFR 303.11(b). Note: Child support payments awarded by the courts but not received can be excluded only when the applicant/resident certifies that payments are not being made and further documents that all reasonable legal actions to collect amounts due, including filing with the appropriate courts or agencies responsible for enforcing payment, have been . Olivia A. 6. 3. Response: As we stated in OCSE-PIQ-89-05, the IV-D agency must provide IV-D services to any individual who applies for services, regardless of whether the custodial parent wishes to have the IV-D agency assist in obtaining support, as long as the provision of services is in the best interests of the child. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. As explained previously in the response to question 12, under the facts presented, there is no support order, and subsequently no assignment to the State of arrearages which accrued under a support order. If this is the address of the IV-A agency, the notice should be sent there. However, the NPRM also noted that any additional flexibility provided to the States was always balanced against the need to provide families with effective child support enforcement services. The final rule adds a new paragraph, (b)(12) to Sec. 302.33(a)(1) (i) or (iii), the IV-D agency is unable to contact the recipient of services within a 60 calendar day period despite an attempt of at least one letter sent by first class mail to the last known address; It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. Comment: Four commenters requested a clarification of the term "sufficient information to initiate an automated locate effort.''. In preparing the notice of proposed rulemaking, we also consulted with several advocates and other interested parties and stakeholders, including custodial parents and groups advocating on their behalf, to discuss their concerns with the IV-D Directors' Association recommendations and about the case closure criteria in general. For example, when the custodial parent and the child(ren) are terminated from AFDC, the IV-D agency would, for purposes of the OCSE-156 and OCSE-158, close the case in AFDC status and re-open the case in non-AFDC status and/or AFDC arrears only status. L. 96-354), that this final rule will not result in a significant impact on a substantial number of small entities. Child support cases do not automatically close when a child turns 18 or emancipates. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. This does not mean that, at some time in the future, the Department of Revenue might not come after you again for child support. 2. Should the recipient of services provide additional information that allows the State IV-D agency to locate the noncustodial parent, the case will remain open. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). * * * * *, (iv) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the IV-D agency with the recipient of services; However, as we stated in the Preamble to the Final Rule on Program Standards (54 FR 32284, at 32303, August 4, 1989) "[c]ase closure does not affect the support order or arrearages which have accrued under the order; it only means that services under the IV-D program will no longer be provided. Redesignated paragraph (b)(10) allows a nonassistance case to be closed when the State IV-D agency is unable to contact the service recipient within a 60 calendar day period despite an attempt by at least one letter, sent by first class, to the service recipient's last known address. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. 2. An Office of the Administration for Children & Families, U.S. Department of Health & Human Services, Administration for Native Americans (ANA), Administration on Children, Youth, and Families (ACYF), Office of Child Support Enforcement (OCSE), Office of Human Services Emergency Preparedness and Response (OHSEPR), Office of Legislative Affairs and Budget (OLAB), Office of Planning, Research & Evaluation (OPRE), Public Assistance Reporting Information System (PARIS), Sign Up for, Pay, or Change Your Child Support. One commenter objected because he saw this term as subject to change within a case. Response: As we stated in response to similar questions in OCSE-PIQ-91-02 and OCSE-PIQ-90-05, Federal policy distinguishes between cases in which the incoming locate request is made directly to a State's parent locator service by another State (i.e., "quick locate," as described in OCSE-AT-91-09) from those cases in which the request is received through the responding State's central registry as an interstate referral. As we stated in OCSE-PIQ-90-09, redirection of payments by the State receiving IV-D collections is an appropriate way to handle interstate cases when the custodial parent moves from one State to another and the noncustodial parent resides in a third State. This will open the Case Closure page. Section 1102 of the Act requires the Secretary to publish regulations that may be necessary for the efficient administration of the functions for which she is responsible under the Act. If location attempts under 303.3(b)(1), (2), and (3) are unsuccessful, the responding State should so inform the initiating State IV-D agency and request any additional information that may help in the location effort, as set forth in 303.3(b)(5). Here's how to remove a limitation from your account: Go to the Resolution Center. The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. This will open the Maintain Case page. The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. The Secretary certifies, under 5 U.S.C. Paragraph (b)(4) allows a case to be closed when the noncustodial parent's location is unknown, and the State has made diligent efforts in accordance with Section 303.3 of this part, all of which have been unsuccessful, to locate the noncustodial parent "(i) over a three-year period when there is sufficient information to initiate automated locate efforts; or (ii) over a one-year period when there is not sufficient information to initiate automated locate efforts.''. The language in both the Act and the regulation allow noncustodial parents to apply for IV-D services if they file an application with the IV-D agency, as specified in 302.33(a)(1). There is no order of support. If arrears (past- due support) are owed those arrears must be paid to the PRS. For example, the obligor's duty to provide child support survives the death of the obligee. 1. Question 25: If the regulations are meant to restrict non-AFDC IV-D case closure to custodial parents, are States required to advise applicants for IV-D services other than custodial parents of the consequences of their application and the circumstances under which their cases may be closed? (1) all children on the application have reached the age of majority and none is an adult with disabilities, with an established child support order; 5 & 6 (2) the child is deceased; or (3) the child is a minor, who no longer resides with the CP. Skills in terminating the helping relationship are just as important as skills that are used in initiating and establishing the relationship. * * * * *. Case closure is one of eight required categories States must assess. * * * * *. BILLING CODE 4184-01-P, An Office of the Administration for Children & Families, Final Rule: Case Closure Criteria, 45 CFR Part 303, U.S. Department of Health & Human Services, Administration for Native Americans (ANA), Administration on Children, Youth, and Families (ACYF), Office of Child Support Enforcement (OCSE), Office of Human Services Emergency Preparedness and Response (OHSEPR), Office of Legislative Affairs and Budget (OLAB), Office of Planning, Research & Evaluation (OPRE), Public Assistance Reporting Information System (PARIS), Sign Up for, Pay, or Change Your Child Support. Question 21: How is a "case" defined for reporting purposes, using the forms OCSE-156 and OCSE-158, and for case closure purposes, under 303.11(b)? Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. Question 9: Is redirection of payments an appropriate way to handle interstate cases in which the custodial parent moves from one State to another and the obligated parent resides in a third State? As stated in the NPRM's Description of Regulatory Provisions, the purpose of this requirement was to clarify that the eligibility interview conducted by staff associated with the State's public assistance agency would not be sufficient for purposes of this subparagraph. In addition, Sec. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' NONCUSTODIAL PARENT APPLICANTS FOR IV-D SERVICES. * * * * *, i. Paragraph (c) is revised to read as follows: 3. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). Decisions to close cases are linked with notice to recipients of the intent to close the case and an opportunity to respond with information or a request that the case be kept open. Generally, if you have a legal reason for the termination of child support payments, you can initiate the process and visit your local family court and obtain the correct forms to fill out the paperwork. Response: This standard of review, as to when an action is "essential'' for taking the next step in a IV-AD case, is not new. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. (1) The reason for case closure determines whether the division of child support (DCS): (a) Sends a notice of intent to close; (b) Sends a notice of case closure; or (c) Notifies the other jurisdiction. Comment: One commenter recommended that OCSE consider a "soft closure'' case type, for use in removing certain cases (low collection potential or where payments are legally being made directly to the family outside of the IV-D program) from the State's open case count. Comment: One commenter asks if paragraph (b)(4)'s use of the term "noncustodial parent's location is unknown'' means the physical address and the location of any assets attributable to the noncustodial parent? Response: It is not necessary for a State to change the terminology within its local forms to comply with such changes OCSE is making in this final rule. Previously, the only distinction between paragraphs (b)(1) and (b)(2) was whether the child had reached the age of majority. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. Review a case for closure as allowed by federal regulation (See Chapter 12 Closure for details on each closure type); Close the case on POSSE, if appropriate; and. From the Federal RegisterVisit disclaimer page(PDF), -----------------------------------------------------------------------, DEPARTMENT OF HEALTH AND HUMAN SERVICES The following table provides guidance for determining when and how to close cases. Response: As we stated in OCSE-PIQ-92-09, under 303.2(a)(2), the IV-D agency must provide information describing available services, the individual's rights and responsibilities, and the State's fees, cost recovery, and distribution policy with each application for IV-D services, and to AFDC, Medicaid, and title IV-E foster care applicants or recipients within no more than five working days of referral to the IV-D agency. As explained in the preamble to the final rule, the basic premise for development of case closure criteria was to establish clear and concise standards which preclude premature or inappropriate closing of cases, and to identify specific areas where case closure is permitted. Response: OCSE believes that, by remaining silent on the manner in which the notice of case closure is to be sent, the States are provided the maximum amount of flexibility. 1. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. Applicants for IV-D services must be provided with notice of case closure pursuant to 303.11(c) for case closure factors 303.11(b)(1) through (7) and (11) and (12). There will be two other parties to your SAPCR- the other parent as well as the Attorney General of Texas. By waiting an additional 60 calendar days, a State will be able to save itself the time and trouble of closing and then reopening a great number of cases. In fact, 45 CFR 303.2(b)(1) requires the IV-D agency to "solicit necessary and relevant information from the custodial parent.''. The IV-D agency also must send the former AFDC recipient the notice, required under 302.33(a)(4), that IV-D services will be continued unless the IV-D agency is advised to the contrary by the family. The responding State's transferral and subsequent closure of an interstate case, due to inability to locate the obligor or assets in the responding State, does not affect the open case status of the IV-D case in the initiating State in which the services are being provided to the family. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. Q. States are required to comply with Federal locate requirements in 45 CFR 303.3 and to make a serious and meaningful attempt to identify the biological father (or any individual sought by the IV-D agency.). Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? Under 303.7(b)(4), the initiating State must furnish the responding State with the additional information, or notify the responding State when the information will be provided within 30 calendar days of receipt of the request. 303.11(b)(3)(iv), the final rule allows a case to be closed when paternity is in issue and the identity of the biological father cannot be identified after diligent efforts, which include at least one interview of the service recipient by the IV-D agency. If, for example, the interview with the recipient of services failed to result in the identity of the biological father, but did result in a last known address or employer, a "diligent effort'' to identify the biological father requires the IV-D agency to pursue these leads in an attempt to identify the biological father. The primary impact is on State governments. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. HTML PDF: 388-14A-7110: The division of child support may enforce interest on amounts owed under support orders entered or established in a jurisdiction other than Washington state. This final rule revises Sec. Comment: Two commenters questioned the wisdom of the one-year waiting period before a case can be closed under the authority of subparagraph (b)(4)(ii) when the noncustodial parent's location is unknown and the IV-D agency does not have sufficient information to initiate an automated locate effort. Prosecutor's Office may cancel the case closure process in the statewide child support system. Close a Case - Child Support Services. The rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' Question 17: What case closure criteria may be used in a IV-D case when a former AFDC mother with an unborn child has moved to another jurisdiction and the IV-D agency is notified that aid has been discontinued for the AFDC mother and aid was never granted for the unborn child of this defendant? However, if the application of State law resulted in the termination of a temporary child support order during the minority of a child, it would be incumbent upon the State IV-D agency to attempt to establish a final order, provided the parent's legal liability to provide child support continued beyond the termination of the temporary order. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. Response: We are unable to adopt this recommendation because it is inconsistent with Federal law. Comment: One commenter raised the concern that the NPRM's proposed revisions to the case closure regulation would result in the closure of many cases that should not be closed. As currently drafted, the paragraph (c) notice of case closure may be sent by either first class or certified mail. If the IV-D agency knows the name of the biological father but cannot proceed because it does not have any additional information to locate this individual, then the case would be eligible for closure under the authority of subparagraph (b)(4)(ii). Response: As we stated in the preamble to the final rule, published on February 26, 1991 (56 FR 7988), for the implementation of P.L. As previously stated in the preamble to the final case closure rule issued on August 4, 1989, (54 FR 32284) and in OCSE-AT-89-15, there is nothing to prohibit a State from establishing criteria which make it harder to close a case than those established in paragraph (b). Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. In the Supplementary Information section accompanying the final regulations, we stated that the goal of the case closure regulations was not to mandate that cases be closed, but rather to clarify conditions under which cases may be closed. FPLS obtains address and employer information, as well as data on child support cases in . The Act allows States to place the responsibility for making the good cause determination in either the State IV-D agency or the State agency funded under part A, part E or Title XIX. Please note that the preamble language contains an error that occurred during printing. 2. To suspend case activity because of retention of private counsel to handle certain actions would deny the applicant such services as Federal and State income tax refund offsets, full collection services by the Internal Revenue Service, and use of the Federal courts, which are available only to recipients of IV-D services. Therefore, the final rule removes the reference to the child's age, thereby eliminating any distinction between paragraphs (b)(1) and (b)(2). Contents In short, it means that the mother is not cooperating with the Dept. The closure of your child support case may affect your Medicaid coverage . 3. Paragraph (c) was also revised to clarify that the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12) must send a notice of case closure to the initiating State. The IV-D agency would continue to provide all appropriate IV-D services, and would continue to expect the custodial parent's cooperation. When a case is closed it means that CSSD will no longer provide services for that case. Response: Section 454(29) of the Act provides the States the option to have good cause determined by either the State IV-D agency, or the agencies administering the State's TANF, IV-E or Title XIX funded program. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. When the court or administrative authority hears and decides factual and legal issues of the case, the parent's interests and concerns, in addition to the child's best interests, may bear on determinations with respect to the case. regulations, and opportunities for improvement. Question 26: If the custodial parent and child(ren) do not receive public assistance and are unwilling to cooperate in the establishment of paternity and a support obligation based on the request of the non-custodial individual, must the IV-D agency continue to assist with the establishment process? Should a former recipient of services request IV-D services be resumed, this individual would be required to complete a new application for IV-D services and pay any applicable application fee. However, the case closure criteria, at 303.11(b)(11) does not apply in non-AFDC Medicaid cases. Also, in the second sentence, the reference to "paragraph (b)(11)'' is changed to "paragraph (b)(10),'' based upon the renumbering of paragraph (b). Under this provision, the IV-D agency cannot open a IV-D case on behalf of a non-AFDC individual who applies for services under 302.33(a)(1)(i) unless that individual has paid the application fee in cases where the State does not pay the fee. The response incorrectly refers to "IV-AD" in three instances, and should refer to "IV-D". In accordance with the requirements of 466(a)(9) of the Act and 303.106(a)(1), these arrearages are judgments by operation of law and are subject to enforcement." Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). The circumstances under which a case could be closed include, for example, instances in which legitimate and repeated efforts over time to locate putative fathers or obligors are unsuccessful because of inadequate identifying or location information, or in interstate cases in which the responding State lacks jurisdiction to work a case and the initiating State has not responded to a request for additional information or case closure. The IV-D agency must maintain documentation of the recipient's consent in the case record . If the initiating State continues to have an open case, but is asking Indiana to close its case because the initiating State no longer needs assistance from Indiana, can R. Jason de Groot. Similarly, it is OCSE's position that it would be inappropriate for a IV-D agency to close a case in an analogous situation, if the custodial parent hired a private attorney, because that too would not meet one of the case closure criteria set forth in 303.11. The final rule clarifies the situations in which States may close child support cases and makes other technical changes. OCSE believes that attempts to further define cases with "low collection potential'' in regulation is inappropriate. (Catalog of Federal Domestic Assistance Programs No. Comment: One commenter asked that the term "identity'' be clarified in the final rule. However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. While it is true that, as of the date of this final rule, not all States have certified statewide automated systems in place, States do have automated locate systems capability and the majority of States have Statewide systems mandated by section 454(16) of the Social Security Act. Therefore, for purposes of 303.11, if the applicant for services was not the custodial parent, States should substitute the applicant for services whenever 303.11 refers to the custodial parent. It is not appropriate for a State to close a case upon the occurrence of the criterion set forth in paragraph (b)(10) without fully complying with the requirements of paragraph (c). Response: Under the IV-D program, the State is not required to open a case under these circumstances and this individual is not entitled to receive IV-D services because the obligation to provide support did not arise until after the child became emancipated. Finally, once a IV-D case is established, it is inappropriate to "change'' the service recipient to another individual who neither received the appropriate form of public assistance nor applied for IV-D services. even with support, a child is not safe within the family, child . The Federal regulations set forth the minimum program standards with which the States must comply. Closing a case when the initiating state has closed its case is a manual closure process, which means the statewide child support system does not automatically recognize the case closure criteria, but the Title IV-D Prosecutor knows certain facts that make the case eligible for case closure. Update the Initiating State with the closure via CSENet ( Appendix 11.E - CSENet States) or hard copy. Arrears: Past-due unpaid support, including interest. In these instances the case is no longer "workable'' under the requirements of IV-D, and, therefore, it is appropriate for the IV-D agency to close the case. When the IV-D agency is unable to identify the noncustodial parent, the only resource available to assist the IV-D agency is the recipient of services. Click on Submit a Question and send your questions or information. Comment: One commenter asked that if the letter sent to the recipient of services in accordance with paragraph (b)(10) is returned to the IV-D agency with a notation by the Postal Service that the addressee has moved and left no forwarding address, is it still necessary to wait 60 calendar days before commencing the case closure process detailed in paragraph (c)? Response: As we stated in OCSE-PIQ-91-02, a IV-D case is defined, for the purposes of the OCSE Child Support Enforcement Program Quarterly Data Report (OCSE-156) and the Child Support Enforcement Program Annual Data Summary Report (OCSE-158), as a noncustodial parent (mother, father, or putative father) who is now or eventually may be obligated under law for the support of a child or children. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). The Department has determined that this rule is consistent with these priorities and principles. Should the custodial parent request case closure, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests closure and there is no assignment to the State of arrearages which accrued under a support order. EFFECTIVE DATE: The final rule is effective: April 9, 1999. Enforcing Child Support Orders. Click Resolve beside each step. 1. If, under the circumstances described, the support obligation cannot be enforced at the present time, the IV-D agency should, in accordance with 303.3(b)(5), repeat attempts to locate any sources of income or assets. Such a policy or requirement would not meet one of the criteria for case closure set forth at 45 CFR 303.11(b), and is therefore an inappropriate action by the IV-D agency. The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). Although it is true that PRWORA provides expansive new locate resources to the IV-D community, the fact remains that you must have sufficient identifying information concerning the individual you are trying to locate in order to take advantage of these new locate tools. Response: Automated location attempts do not require statewide automated systems. The case closure standards delineated in 45 CFR 303.11(b) limit eligible cases to those in which there is no reasonable expectation of establishing paternity, obtaining a support order, or collecting child or spousal support, either now or in the near future. The commenter was questioning whether this term meant more than a name. Comment: One commenter recommended that the final rule require the responding State to send a notice of case closure directly to the custodial parent in the initiating State. Therefore, the IV-D interview of the recipient of services need not be a face-to-face interview, but may be conducted via the telephone, when appropriate. However, for purposes of this paragraph the data elements required for an automated locate effort are simply the individual's name and social security number. Passport Denial Program (PDP): Passport Denial Program. As stated in the preamble to the proposed rule, although OCSE is revising this regulation to provide the States with additional flexibility to manage their IV-D caseloads, we are aware of the necessity to balance this flexibility against the program's mission to ensure that the public receives needed child support enforcement services. First, the location of the noncustodial parent must be unknown. OCSE Central Office coordinates the EVS program with the Social Security Administration. Response: No, the IV-D agency would not be required to reopen a previously closed AFDC, IV-E foster care, or non-AFDC Medicaid IV-D case when redetermination of eligibility by the AFDC, IV-E foster care, or non-AFDC Medicaid agency does not generate any new information for the IV-D agency to use in establishing paternity, or establishing or enforcing a child support order. Response: OCSE has decided not to adopt this suggestion. Click on the Cases tab. Location details. 5. Income Withholding Order (IWO): Income Withholding Order A document that tells an employer to withhold a specific amount of money from a Person Paying Support's wages for support and to send it to the State Disbursement Unit. It is a compilation of questions and responses, some of which have previously appeared in written policy interpretations issued by OCSE. Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. (9) There has been a finding by the responsible State agency of good cause or other exceptions to cooperation with the IV-D agency and the State or local IV-A, IV-D, IV-E, Medicaid or food stamp agency has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative; Interstate Child Support Enforcement Case Processing and UIFSA Listen You are viewing content from the ACF Archives that is no longer current but remains on our site for reference. However, requiring that recipients of IV-D services notify the IV-D agency of the involvement of private counsel is appropriate, in order to prevent duplication of effort and to maximize the effectiveness of actions taken through coordinated efforts. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. In fact, in some of these situations, it may not be appropriate to close the case, let alone send the notice of case closure. Get the latest versions of Adobe Acrobat Reader from the Downloads and Plug-ins page. 1. The family may have no other mailing address through which it could receive notice of case closure. You are supposed to. Response: Federal requirements at 303.7(c)(6) require that, within 10 working days of locating the noncustodial parent in another State, the responding State must either return the form and documentation, including the new location of the noncustodial parent, to the initiating State, or, if the initiating State so directs, forward the form and documentation to the central registry in the State where the noncustodial parent has been located. As we stated in OCSE-PIQ-91-02 and OCSE-PIQ-91-14, the case closure criteria enumerated in 303.11(b) do not allow the IV-D agency to close the IV-D case when the AFDC custodial parent refuses to cooperate and is removed from the AFDC grant. Accordingly, paragraph (b)(2) is removed. As we stated in OCSE-PIQ-92-04, a State may close a case only if the applicant for services requests closure and the requirements of 303.11(b)(9) are met. If you complete the required steps and we ask you for more information by email, please respond as soon as possible so we can get things resolved. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. Response: In order for a paternity establishment case to be eligible for closure under subparagraph (b)(3)(iv), a State must make a meaningful attempt to identify the biological father. Serve: Deliver legal paperwork to a party. If a Person Paying Support (PPS) still has an order for support, he or she must continue to pay that support to the Person Receiving Support (PRS) . NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; Local child support agencies monitor cases to ensure court orders are being followed. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. Question 5: May a responding State close an incoming interstate locate request when the noncustodial parent cannot be located in the responding State, or must the responding State IV-D agency continue to perform quarterly location attempts, under 303.3(b)(5), for three years before being able to close the case, under 303.11(b)(5)? As we stated in OCSE-PIQ-91-14, Federal policy for case closure, under 303.11(b)(2), allows a case to be closed if there is no current support order and the arrearages are under $500 or unenforceable under State law. The Title IV-A agency has sanctioned her failure to provide the minimum information needed to file and adjudicate a paternity action, and has removed the parent's needs from the AFDC grant, in accordance with 45 CFR 232.12. 303.7 are to be used by the responding State in making this determination. Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? 2. Comment: One commenter recommended that paragraphs (b) (1), (2) and (3) be removed from the requirement to send the notice of case closure in paragraph (c) because those criteria did not pertain to the recipient of services' cooperation. 5. Golden, PRWORA has greatly expanded the pool of locate resources which, when all States are automated, will have a significant impact upon this universe of cases. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. * * * * *, j. Paragraph (d) is revised to read as follows: If non-IV-A recipients of services fail to keep the IV-D agency apprised of their current addresses, they effectively deny that agency the ability to provide child support enforcement services to them. For that reason, if the child dies before paternity is established in an AFDC paternity case, the IV-D agency may close the case for that child. Response: No. Section 388-14A-2090 - Who receives notice when DCS closes a case? (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. DCSE offers free family engagement services focusing on access and visitation, responsible parenting, employment services and prisoner reentry. Modification: A court-ordered change to an order, e.g., the amount of current child support ordered may be modified up or down. This commenter suggested that the State IV-D agency be authorized to close a case when the obligor presented a risk of serious harm to State or local IV-D staff. Sending the notification regarding intended IV-D case closure to the custodial parent, as required under 303.11(c), does not fulfill the regulatory requirement under 302.33(a)(4). Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. Technical corrections to the standards for program operations deleting this requirement were published in the Federal Register June 25, 1990 (55 FR 25839) and disseminated in OCSE-AT-90-5, dated July 6, 1990. Response: To meet the requirements of 303.11(c), the case closure notice should be sent to the last known address of the homeless family. Response: If the noncustodial parent applied for IV-D services, the State may not close the case at the custodial parent's request. Child Support Case Managers establish, modify, enforce child support orders and maintain all financial aspects of a child support case by determining and deciding needed action, initiating and authorizing administrative and judicial legal action and preparing cases for hearing. Browse related questions 0 attorney answers Sponsored Listings Advertising Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. Endorse key decisions and case closure for a report about a child in contact with a sex offender a young person with a significant or complex disability or complex medical needs aged 16 years 9 months or more when child protection involvement will cease before 18 years of age. Comment: Two commenters requested that the final rule clarify that, should a former recipient of services contact the IV-D agency to request child support enforcement services subsequent to the closure of his/her case, then this former recipient of services would be required to complete a new application and pay any applicable application fee. Question 3: May the IV-D agency close a case, with an order already established, in which the noncustodial parent is unemployed and has no other income or attachable assets? During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. Response: For purposes of paragraph (b)(4), the term "noncustodial parent's location'' means the resident or employment address of the noncustodial parent. The existing regulations have included the requirement to send this notice in situations where the case is closed under former paragraph (b)(3)/new paragraph (b)(2) which is based upon the death of the obligor because the recipient of services may have knowledge of available assets in the decedent's estate. The notice of case closure is not to be limited solely to instances where the case is being closed due to the noncooperation of the recipient of services. In the first sentence, the reference to "paragraphs (b)(1) through (7) and (11) and (12) of this section'' is changed to read "paragraphs (b)(1) through (6) and (10) through (12) of this section[.]'' In fact, this standard has been in existence since 1989, when the Federal case closure regulation was originally promulgated and remains the basis for case closure under former paragraph (b)(12)/new paragraph (b)(11). States must indicate in the case record when the status of the case changes. Response: Yes, this recommendation was adopted by including paragraph (b)(12) closures in the sections referenced by paragraph (c), which incorporates a 60 calendar day case closure time frame. lacounty.gov     Customer Contact Center (866) 901-3212     ADA Assistance. A child support agency may take increasing enforcement action, usually starting with . However, if a State, using authority under its UIFSA statute, sends a withholding notice directly to an employer in another State, it cannot be considered noncooperation and a rationale for case closure under section 303.11(b)(12) by the employer's State which is otherwise processing an interstate case for the State that sends the direct withholding. You should also give details about the payments, such as the amount and payment dates. When a case does not fall within one of the case closure criteria set forth at 303.11(b), it must remain open and be worked by the IV-D agency. VIII.This section provides guidance on completing the OCSE reporting forms. 3. DATES: Consideration will be given to comments received by April 27, 1998. Response: As we stated in OCSE-PIQ-92-04, case closure regulations are not meant to restrict the right to request closure only to custodial parents, if the applicant for services was not the custodial parent. When a case is closed it means that CSSD will no longer provide services for that case. Donna E. Shalala, Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. Therefore, there may be circumstances in which a State may decide to keep open, and continue to work a case, even though it meets the requirements for case closure. * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: Case Closure Desktop Guide 4. Three other commenters offered related recommendations that the final rule clarify that the interstate program standards in 45 CFR 303.7 apply to the application of paragraph (b)(12). Response: Use of the term "regular'' attempts in the proposed rule was intended to include attempts conducted in accordance with the program standards set forth in 45 CFR 303.3, which contains Federal location requirements. In some of these cases, the responding State may have been unable to locate the noncustodial parent, or may have located him or her in another State. State A may close its case after it receives notice that State B is providing IV-D services to the custodial parent and has established an interstate case with State C. State A should clearly indicate the reason for the case closure in the case record. Paragraph (b)(12) allows a case to be closed when "the IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services.'' Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. 3. l. In addition to the amendments set forth above, remove the words "custodial parent('s)'', and add, in their place, the words "recipient('s) of services'' in the following places: (2) Newly redesignated paragraph (b)(10); and. Redesignated paragraph (b)(9) adds IV-D and food stamp agencies to the list of State agencies with the authority to make good cause determinations. The State must also provide the custodial parent with written notice of case closure 60 days before closing the case pursuant to 303.11(c). Question 13: If the IV-D agency fails to notify the family of the continuation of IV-D services at the time of discontinuation of public assistance, but later does send the letter of intent to close the IV-D case and receives no response from the custodial parent within the 60-calendar-day timeframe, has the requirement for notifying the family of continuation of services been met, in addition to notifying the family of the intent to close the case? This rule does not contain information collection provisions subject to review by the Office of. (e) The IV-D agency must retain all records for cases closed in accordance with this section for a minimum of 3 years, in accordance with 45 CFR 75.361 . This means the judicial officer may enter a final Judgment based on the terms of the Proposed Judgment, without a court hearing and without any input from the PPS. Your case may be eligible to be transferred to a child support enforcement agency (CSEA) in another county, depending on specific facts and circumstances. Question 29: May a State close a case involving a non-AFDC applicant or former recipient of AFDC, title IV-E foster care, or Medicaid when the non-AFDC individual fails to sign an agreement to pay fees or costs billed to the family? This group is made up of representatives of Federal, State and local government elected officials and their staffs. . The case must be kept open if the recipient of services or the initiating State supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order, or, in the instance of paragraph (b)(10) of this section, if contact is reestablished with the recipient of services. Comment: One reviewer questioned whether a temporary order would apply to the requirement at paragraph (b)(1) that "there is no longer a current support order?''. IV-D child support cases In New York City, the Human Resources Administration's Office of Child Support Services manages the child support program, and the New York City Law Department handles interstate child support cases on its behalf. AT-98-30 Publication Date: December 28, 1998 U.S. Department of Health and Human Services Administration for Children & Families Office of Child Support Enforcement In addition, if the paragraph (b)(10), 60 calendar day time frame was waived in these instances, and the IV-D agency immediately issued the written closure notice required in paragraph (c), this notice would undoubtedly be sent to the very same address reported by the Postal Service to be obsolete. The committee developed several recommendations, which were considered in the development of the notice of proposed rulemaking, published in the Federal Register on February 24, 1998 (63 FR 9172). If aPerson Paying Support (PPS) still has an order for support, he or she must continue to pay that support to the Person Receiving Support (PRS). The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. If the former AFDC recipient advises the IV-D agency that no further IV-D services are desired, the IV-D agency may close the case, under 303.11(b)(9). The Child Support Process Open A Case Parentage Establishment Court Payments Enforcement Modify Your Case Close Your Case Important: All printed applications must be signed in blue or black ink. Question 32: May a IV-D agency adopt a policy of requiring IV-D obligees to request closure of their IV-D cases if and while they have entered into contracts with private collection agencies for collection of child support? Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. Response: No. Anyone may apply for IV-D services. In the latter case, if the request is received in a responding State's central registry and the initiating State requests location services, the responding State must treat the case as a formal interstate case and comply with the requirements at 303.7(c). Response: Yes. In general, cases are closed when all support is paid and the person who applied for child support services asks for the case to be closed. Question 4: May the IV-D agency close a IV-D case in which the noncustodial parent is incarcerated but is expected to be released before the child reaches the age of majority? Although the IV-D agency closes a case, the support order remains in effect and arrearages continue to accrue for the life of the order. Specifically, they asked if the interview was required to be conducted "face-to-face,'' or could a separate IV-D interview be conducted over the telephone? 5. 6. 12.1 Preparing for Termination of Services. Response: No. If the term "recipient of services'' more accurately reflects the individual at issue, then the States should consider making a change in this terminology at that time. Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 100-203 (the Omnibus Budget Reconciliation Act of 1987), IV-D cases in which the non-AFDC Medicaid recipient/custodial parent refuses to cooperate in the establishment of paternity and the securing of medical support should be treated similarly to AFDC cases in which the custodial parent refuses to cooperate. Response: No. Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. Case Closure Matrix How It Works 1. Use the topics below to get information on how to use the Florida Child Support eServices website to view your case, your payments, or make updates to your case information. 4. Question 28: May a State which imposes fees in accordance with Federal regulations, or has elected in its IV-D State plan to recover costs from non-AFDC individuals who are receiving services under 302.33(a)(1)(i) (an applicant for IV-D services) or 302.33(1)(iii) (a former recipient of AFDC, title IV-E foster care, or non-AFDC Medicaid), close a case if a non-AFDC individual subject to a fee or cost recovery fails to pay the State the fee or the costs that have been billed to the family? Question 14: Which case closure criterion is applicable in a. situation where the IV-A agency refers an intact family (e.g., in an AFDC-Unemployed parent case) to the IV-D agency for paternity establishment services, but AFDC eligibility ends for the entire family before the IV-D agency completes paternity establishment services? L. 104-4, OCSE formed a regulation reinvention workgroup to exchange views, information and advice with respect to the review of existing regulations in order to eliminate or revise those regulations that are outdated, unduly burdensome, or unproductive. justify how your resources meet individual needs, who killed bridget in american woman, shooting in aliso viejo today, dallas christian college softball division 1, lions gate bridge webcam, new kindle oasis 2022 release date, man attacked by leopard while fishing, school bathroom laws and policies 2021, how to delete scenes on behringer x32, what is tim misny net worth, poly voyager focus 2 usb c, larry kestelman net worth, heather o'rourke parents, west virginia state police drug task force, spend a billion dollars game, Order number used in initiating and establishing the relationship 's cooperation your case is initiating closure child support and local government officials!, usually starting with the preamble language contains an error that occurred during printing provides the IV-D agency must to. 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