1. * * * * *, (d) The IV-D agency must retain all records for cases closed pursuant to this section for a minimum of three years, in accordance with 45 CFR part 74. ATTACHMENT: Attached is a final ruleVisit disclaimer page(PDF), published in the Federal Register March 10, 1999 (64 FR 11810) revising Federal regulations outlining criteria for closing child support enforcement cases, in response to the Presidents Memorandum of March 4, 1995, to reduce or eliminate mandated burdens on States, other governmental agencies or the private section. 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). As noted above, one State responded to the NPRM with the request that they be. Title IV, Part D of the Social Security Act (42 U.S.C. Response: Yes, OCSE concurs with this recommendation and the final rule revises paragraph (c) to require the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12), to send a notice of case closure to the initiating State. 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. 5. NONCUSTODIAL PARENT APPLICANTS FOR IV-D 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[.]'' 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. There is no order of support. Previously, the only distinction between paragraphs (b)(1) and (b)(2) was whether the child had reached the age of majority. If the amount owed to the state on the case is greater than $500, the case will not close; If the amount owed to the state on the case is greater than 0 and less than $500, the case will close, unless there has been a payment in the last 365 days. 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? For cases needing enforcement action, 303.6(c)(4) specifies that the IV-D agency must examine the reasons the enforcement attempt failed and determine when it would be appropriate to take an enforcement action in the future, and to do so at that time. Golden, Case Closure Checklist Why Didn't My Case Close 2. However, if the State fails to provide such advance notice of potential case closure or otherwise explain the responsibilities and rights to the former AFDC family, the State may not threaten closure of the IV-D case for failure to return a misdirected child support collection. What Happens if Child Support Isn't Paid. [ ] The initiating agency has closed its IV-D intergovernmental case because . 12.1 Preparing for Termination of Services. (2) DCS mails a notice of intent to close by regular mail to the last known address of the custodial parent (CP) and the . The State requesting the information must comply with the location timeframes established in 303.3(b)(3). 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. 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)? 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? That is, a case may be closed under the authority of this subparagraph only when, after diligent efforts (including at least one interview by the IV-D agency with the recipient of services), the name of the biological father remains unknown. 6. Question 22: Because of the way some States have designed their automated systems, it is very common for them to close one case on a family and to immediately open another. 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 Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. (If closure letter does not appear in document log list - check Alerts for a Case for corrections) Foster Care case, add child's name and EPICS number to the letter. Contact Us Please fill out the form below and our attorney will contact you. This paragraph also allows the IV-D agencies to close cases after three years where the noncustodial parent's location is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent when there is sufficient information to. According to paragraph (b)(1), a case is "unworkable'' if there is no current support order and the arrears are either under $500, or unenforceable under State law. Case Closure Process Note: In order to close a case, an assignment to the case is needed. 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. Skills in terminating the helping relationship are just as important as skills that are used in initiating and establishing the relationship. 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? * * * * *, h. Paragraph (b)(12) is added to read as follows: Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. A blank Answer form is served on the Person Paying Support with the Summons and Complaint/Proposed Judgment. Termination of services should be a planned and natural component of the casework process. 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. Section 303.11(b)(11) provides that a non-AFDC case receiving services under 302.33(a)(1)(i) (an applicant for IV-D services), or 302.33(a)(1)(iii) (former AFDC, former IV-E foster care, or former Medicaid recipient), may be closed, if the IV-D agency is unable to contact the custodial parent within a 30-calendar-day period despite attempts by both phone and at least one certified letter. 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. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. 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. Question 16: In a former AFDC case, where a family is receiving continued IV-D services, the IV-D agency misdirected a child support collection to the former AFDC family when the collection should have gone to another IV-D case. 303.11(b)(4)(ii). In short, it means that the mother is not cooperating with the Dept. We received thirty-one comments from representatives of State and local IV-D agencies, national organizations, advocacy groups and private citizens on the proposed rule published February 24, 1998 in the Federal Register (63 FR 9172). The States have been successful in implementing this standard of review and OCSE has no reason to believe that this standard, when applied to an initiating State as opposed to a custodial parent, will become problematic. Paragraph (b)(3)(iv) allows a case to be closed when the identity of the biological father is unknown, and cannot be identified after diligent efforts, including at least one interview by the Title IV-D agency with the recipient of services. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. 2. Use of Federal Child Support Case Closure Regulations 2 OEI 06-00-00470 . Under UIFSA, States may send a withholding notice directly to an employer in another State. Case Closure Desktop Guide 4. This group is made up of representatives of Federal, State and local government elected officials and their staffs. The addition of the Title IV-D and food stamp agencies to this list is required by section 454(29) of the Act, which provides flexibility to the States in selecting the agency authorized to make good cause determinations. , GA 30303. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. Why not to fight your ex for child support, alimony or other money. (Example: They would close the AFDC case and open a non-AFDC case, or vice-versa.) . RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. 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. A child support agency may take increasing enforcement action, usually starting with . 1. 303.11. When case closure is appropriate, the IV-D agency must also document the circumstances of the custodial parent's noncooperation, and notify the custodial parent in writing within 60 calendar days prior to closure of the State's intent to close the case in accordance with 303.11(c). 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. In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. Pursuant to 303.11(c), the State is not required to send the 60-day notice of case closure in cases closed under 303.11(b)(9). 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.). Response: As we stated in OCSE-PIQ-91-02, when a former AFDC recipient refuses continued IV-D services, the case would remain open as an AFDC arrears-only IV-D case, for purposes of collecting any arrearages due under a court or administrative order which are assigned to the State. The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] 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. Q. Parentage: Parent-child relationship (who the parent of the child is). Find a Local Office. Question 20: May a non-AFDC IV-D case be closed when the IV-D agency has attempted to contact the custodial parent repeatedly without success? Case Closure Complete Guide 3. We must emphasize, however, that when a case changes status for the purposes of statistical reporting on OCSE-156 and OCSE-158 forms, it would not be closed for purposes of 303.11 unless one of the case closure criteria under 303.11(b) was also met. The 60 calendar day time frame has worked well for the past ten years and, at this time, OCSE does not believe that it would be appropriate to reduce it to 30 days. VII. The requirements and time frames of Sec. 4. 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. 7. [FR Doc. . * * * * *, (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; The residential parent of a child must notify the CSEA of any reason why the support order should terminate. R. Jason de Groot. 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. Additionally, the IV-D agency is not required to suspend action or change its procedures to accommodate the private action. Customer Online Services Portal. If the PPS does not attend the hearing, the court may make an order without him or her. 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