Case Closure Complete Guide 3. Conversely, another commenter objected to reducing the existing three-year period to one year. The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. 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. 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? Question 27: If States have to send the notice of intent to close the case to the custodial parent's last known address, what should be done if the family is homeless, and the only address on record with the IV-A and the IV-D agency is the address of the IV-A agency? 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. Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. State A must offer, and continue to provide, all appropriate IV-D services and meet the relevant interstate and program standards requirements, until the new initiating State, State B establishes a new interstate case with the responding State C and State A is notified that it may close the case. Response: As we stated in OCSE-PIQ-92-09, the final regulations published in the Federal Register on August 4, 1989 (54 FR 32284 at 32306) state that we received many comments by States and other organizations who requested that non-cooperation by the custodial parent (failure to attend hearings, refusal to sign forms, etc.) Policy. The rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' 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: 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? k. In addition to the amendments set forth above, remove the words "absent parent('s)'', and add, in their place, the words "noncustodial parent('s)'' in the following places: (3) Newly redesignated paragraph (b)(5); and. 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. 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). 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. (b) In order to be eligible for closure, the case must meet at least one of the following criteria: MiCSES Reason Code MiCSES Description Manual Automatic 60-Day Notice Response: No. IX.This section describes cases where the noncustodial parent applies for IV-D services. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. 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. 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). 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. 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 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. Anyone may apply for IV-D services. (10) In a non-IV-A case receiving services under Sec. 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. 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. In other words, when the IV-D agency is unable to contact the non-IV-A recipient of services during a 60 calendar day period, the IV-D agency may not automatically close that case without first complying with the requirement in paragraph (c) by providing the recipient of services 60 calendar days to respond to a written notice of the State's intent to close the case. Comment: Two commenters requested clarification of the requirement in subparagraph (b)(3)(iv) that at least one interview of the recipient of services be conducted by IV-D staff. 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. The calculator is based on child support guidelines set by law in California. 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). As noted above, one State responded to the NPRM with the request that they be. Question 23: Does the use of the term "custodial parent" in 303.11(b)(9) or any other regulation that specifically refers to services or rights of the custodial parent actually mean any applicant/recipient of IV-D services? If the responding State does not receive the needed additional information after requesting it from the initiating State, the responding State may contact the initiating State and request permission to close the case. A child support agency may take increasing enforcement action, usually starting with . regulations, and opportunities for improvement. An Initiating State is Non-responsive in an Interstate Case Notice Not Required . * * * * *, h. Paragraph (b)(12) is added to read as follows: Response: As stated in the preamble to the NPRM, the allowance of the first class letter is in accord with the new requirements in welfare reform. This final rule revises Sec. Emancipate: Refers to legal emancipation, which frees a minor child (under 18) from the parents control if the minor marries, joins the armed forces, or gets a court order of emancipation. 45 CFR Part 303 to issue a notice to an address they know to be obsolete. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. Previously, the only distinction between paragraphs (b)(1) and (b)(2) was whether the child had reached the age of majority. 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? 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. * * * * *, (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. 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. Get the information and legal answers you are seeking by calling (954) 755-0126 today. Certainly one of these resources is the recipient of services. States should keep in mind, however, that case closure is permissive, not mandatory. There will be two other parties to your SAPCR- the other parent as well as the Attorney General of Texas. It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. Similarly, should the State close a IV-D case in accordance with paragraph (b)(3) or (4), for example, because the location of the individual being sought is unknown, IV-D case closure alone may not be used to determine noncooperation by a TANF recipient. Child support cases do not automatically close when a child turns 18 or emancipates. Here's how to remove a limitation from your account: Go to the Resolution Center. This section provides guidance on interstate case closure situations. The family may have no other mailing address through which it could receive notice of case closure. 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. Assistant Secretary for Children and Families. 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. These commenters were concerned that, in the event the identity of the biological father remained unknown following the IV-D interview of the recipient of services, the recipient of services would be determined to be not cooperating with the State IV-D agency for purposes of TANF eligibility. 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) . Click Go to Account Limitations. In OCSE-AT-88-02, in response to a similar suggestion, OCSE announced that "it is not the responding State's responsibility to be in direct contact with the custodial parent and it would be overly burdensome to require them to do so.'' Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' If the PPS does not attend the hearing, the court may make an order without him or her. As part of the regulation reinvention effort, Sec. Arrears: Past-due unpaid support, including interest. 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. The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. Under the previous case closure regulations, a responding State was not free to close a case without the permission of the initiating State. Paragraph (c) is revised to incorporate the renumbering of paragraph (b). (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 . Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. Person Receiving Support (PRS): Parent or legal caretaker who the child lives with most of the time. (b) * * * Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. It provides access between participating states to case information including case closure reasons. CASE CLOSURE OF NON-AFDC APPLICANT CASES. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. Regulations at 42 CFR 433.147 and 433.148 require the Medicaid agency to determine whether the non-AFDC Medicaid recipient had good cause for failure to cooperate and whether the IV-D agency may continue to attempt to establish paternity and secure support without the cooperation of the non-AFDC Medicaid recipient, under 302.31(b) and (c). CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. A PPS may request Genetic Testing to determine if he is the biological father of the child and may ask the court to decide the amount of child support. Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). 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? [Page 11810-11818] In the former case, the locate request is not considered an interstate referral. In light of these considerations, this recommendation was not adopted. 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? Redirection of payments is accomplished by the second State using the Interstate Child Support Enforcement Transmittal form to request redirection by the first State of any payments received from the third State. 2. If the initiating State notifies the responding State that it may close the case, the responding State may close the case sooner than the three-year threshold set forth in 303.11(b)(5). 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. The recipient of services be conducted in-person the Title IV-D Program to services... Is no residency requirement for IV-D services, so the IV-D agency must send to the NPRM with the that! To request case closure situations to the Resolution Center OCSE recommends that when. ) strives to ensure that our customers receive the highest level of service close a case without the permission the... Considered an interstate case closure regulations, a responding State was not adopted, commenter... 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