1. If the PPS does not attend the hearing, the court may make an order without him or her. 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. Serve: Deliver legal paperwork to a party. 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). 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. 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. Therefore, IV-D services must be provided regardless of whether a recipient of IV-D services has retained private counsel, unless the case meets at least one of the case closure criteria enumerated in 45 CFR 303.11(b). National Medical Support Notice (NMSN): A notice that acts as an order requiring the employer (or other group providing health insurance) to enroll the employees child in the employers health insurance plan. Response: If the IV-D agency enters into a cooperative agreement to implement this requirement in accordance with the authority at 45 CFR 302.12(a)(3), then the other entity would perform this interview as IV-D staff. 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? 6. 303.7 are to be used by the responding State in making this determination. 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. 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. to issue a notice to an address they know to be obsolete. If so, are arrearages automatically discharged? 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?''. May the IV-D agency close the IV-D case? The responding State may close its case file only after the initiating State, or the State where the noncustodial parent is located, acknowledges that it has received the transferred case file from the responding State. 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). It is meant to be illustrative and is not intended to be exhaustive. Because of this directive OCSE is unable to adopt the suggestion of this commenter. 1. If arrears are owed in the case, the obligor's duty to repay these arrears will survive the death of a child. 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. For example, if the noncustodial parent applies for IV-D services, and later requests case closure, the State may wish to contact the custodial parent to determine whether she/he would like to continue to receive services. Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 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. L. 96-354), that this final rule will not result in a significant impact on a substantial number of small entities. The purpose of the case closure rule is to allow States to close unworkable cases thereby allowing each State to focus its resources on those cases which are workable. 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. 651 et seq.). For purposes of the OCSE-156 and 158, the case would be switched from the prior status to a new status. Section 303.11 is amended as follows: 303.11(b)(4)(ii). Such a case is open and being worked by only one State. Question 19: May the IV-D agency close a IV-D case in which the IV-E foster care case has been closed and there are no arrears owed to the State, or the arrears are less than $500, and no application for IV-D services has been received from the custodial parent? HTML PDF: 388-14A-7115 Response: The 60 calendar day time frame the commenter is addressing has been required under Federal case closure regulations since the original final rule was promulgated on August 4, 1989. Under the clarifications provided in OCSE-AT-90-12, a case may be closed in one category and re-opened in another when the status of the case changes. 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). 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? Step 4: Reference the original child support order and outline the case or order number. Comment: One commenter asked if paragraph (b)(1) could be used as authority for a IV-D agency to close a case that was opened after a child attained the age of majority, during which there was no need for a child support order, but subsequently (after emancipation) became disabled and under State law a support order was entered against this individual's parents? c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: 1. This will open the Maintain Case page. Comment: One commenter suggested the addition of a new criterion for case closure. The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. 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. Default Judgment: In general, if the PPS did not file an Answer to the S&C within 30 days, and a stipulation has not been reached, the judicial officer may enter a Judgment by default. It is possible that additional data elements will be required to undertake some automated locate efforts. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. The regulations allowed States to close cases that were not likely to result in any collection and to concentrate their efforts on the cases that presented a likelihood of collection. VII. Case Closure Complete Guide 3. The other State is being contacted for the limited purpose of location. 303.11. Section 303.11(b)(5) permits a IV-D agency to close a case if the "noncustodial parent's location is unknown and the State has made regular attempts using multiple sources to locate the noncustodial parent over a three-year period, all of which have been unsuccessful". * * * * *, d. Paragraph (b)(5) is redesignated as paragraph (b)(4) and revised to read as follows: Summons and Complaint and Proposed Judgment (S&C): Summons and Complaint/Proposed Judgment A set of legal documents filed with the court and served on the Person Paying Support telling him or her of the lawsuit for parentage or child support. 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. In response to these comments, we promulgated 303.11(b)(12) which allows closure for non-cooperation in non-AFDC cases when the case file documents the circumstances of the non-cooperation, and an action by the custodial parent is essential for the next step in providing services. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' 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. IV-D services are available to both custodial and noncustodial parents. 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). Although 303.11(b)(9) permits case closure at the request of the individual receiving non-AFDC IV-D services, such requests must be voluntary on such individual's part. 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 more information on Process Of Initiating Child Support, an initial consultation is your next best step. Case Closure Process Note: In order to close a case, an assignment to the case is needed. A summary of the comments received and our responses follows: 1. 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. Therefore, the IV-D agency may close a case because the non-AFDC individual has failed to sign an agreement to pay to the State fees or costs incurred in providing IV-D services billed to the family under the State's fee and IV-D cost recovery policy. 4. 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. 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). Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. program in establishing paternity and securing support, for which you may be sanctioned. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. In addition, information provided by the custodial parent such as former addresses or employers could lead to identification of the noncustodial parent's social security number. Approved: November 30, 1998. 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. The primary impact is on State governments. In redesignated paragraphs (b)(8), (b)(10) and (b)(11) the term "custodial parent'' is revised to read "recipient of services'' to reflect that Title IV-D child support enforcement services may be requested by either the custodial or noncustodial parent. For example, cases must remain open even if there is no likelihood of immediate or great success in securing support, perhaps because of a period of incarceration. Response: A State may close a case if it meets one or more of the requirements specified at 303.11. (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. 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. Policy. 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? In addition, Sec. in non-AFDC cases be addressed. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. 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; 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). The more information you provide helps us expedite the child support process. 3. The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. regulations, and opportunities for improvement. 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. Guideline Calculator: The California Guideline Child Support Calculator Online tool that can be used to estimate the amount of child support that may be ordered in your case. Get the latest versions of Adobe Acrobat Reader from the Downloads and Plug-ins page. For example, the obligor's duty to provide child support survives the death of the obligee. 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. 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. 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. 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." Question 8: If the custodial parent moves from one State (State A) to another State (State B) and the noncustodial parent resides in a third State (State C), what are the responsibilities of State A to provide IV-D services under Federal regulations? . You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. Response: For purposes of paragraph (b)(4), the term "noncustodial parent's location'' means the resident or employment address of the noncustodial parent. 3. A blank Answer form is served on the Person Paying Support with the Summons and Complaint/Proposed Judgment. * * * * *, h. Paragraph (b)(12) is added to read as follows: Response: This comment will not be incorporated. CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. Response: The reasoning behind the paragraph (c) requirement that the recipient of services receive notice of the case closure is based upon the duty of the IV-D agency to keep the recipient of services informed of the actions undertaken on his/her child support case. Response: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. 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. 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. A child support agency may take increasing enforcement action, usually starting with . 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. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . Comment: One commenter requested that paragraph (b)(1) be expanded to allow for the closure of a case which has a valid enforceable current support order, but where there has been no collection for a period of three years, to allow a State to close cases with low collection potential. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. This Action Transmittal is organized as follows: I. 3. 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. When a non-AFDC individual subject to fees or cost recovery fails to pay any fee prescribed in Federal regulations or reimburse the State for costs associated with providing IV-D services, and charged to that individual, the IV-D agency may close the case under this criterion when the payment of such fees or costs is required under the IV-D State plan. Parentage: Parent-child relationship (who the parent of the child is). Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. 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. 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. wage withholding). 1. Response: As discussed in the preamble to the NPRM, the establishment of the new case closure criterion that appears at subparagraph (b)(4)(ii), which allows a case to be closed after one year when the location of the noncustodial parent is unknown and insufficient information exists to conduct an automate locate effort, was made at the request of the IV-D Directors' Association. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. Click on the case name hyperlink. Because of this, not every individual who is unable to provide the IV-D agency with sufficient information should be determined to be not cooperating with the IV-D agency. (B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities: (1) Determine whether a child support order(s) exists in a case using the . Comment: Two commenters requested a revision to paragraph (b)(12) to provide for specific criteria which would support the case closure decision made by a responding State. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. Comment: Two commenters responded to the NPRM by asking that paragraph (c) exempt a number of factual situations from the requirement that a notice of case closure be sent. 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. States should keep in mind, however, that case closure is permissive, not mandatory. Description of Regulatory Provisions---Sec. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. The rule makes technical changes to 45 CFR 303.11, Case Closure criteria. The authority citation for Part 303 continues to read as follows: Authority: 42 U.S.C. As currently drafted, the paragraph (c) notice of case closure may be sent by either first class or certified mail. QUICK (Query Interstate Cases for Kids) is an interface between the federal Office of Child Support Enforcement (OCSE) and the child support computer systems of participating states including Oklahoma. 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. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. 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). Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. When a case is closed it means that CSSD will no longer provide services for that case. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. If the alleged father cannot be located after the IV-D agency has made regular attempts using multiple sources over a three-year period, all of which have been unsuccessful, the case may be closed under 303.11(b)(5). A State would not be entitled to receive FFP under the IV-D program for its efforts to establish and/or enforce such an order. Child Support Services Division Office Hours Monday to Friday, 8:15 am to 4:45 pm, except District holidays Connect With Us 400 6th Street, NW, Suite 8300, Washington, DC 20001 Phone: (202) 442-9900 TTY: 711 Email: cssdcustomerservice@dc.gov Ask the Director Agency Performance Language Support - CSSD - A + A Listen Opening a Child Support Case 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. This rule does not contain information collection provisions subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. This rule does not contain information collection provisions subject to review by the Office of. 1. 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. 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. 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? Staff should prepare families for a formal closing process. You are supposed to. Click here for step-by-step instructions **. A parent does not have to pay current child support for an emancipated minor. Federal self-assessment regulations require that at least 90 Response: If the noncustodial parent applied for IV-D services, the State may not close the case at the custodial parent's request. (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 In the former case, the locate request is not considered an interstate referral. For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. Location details. 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. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. 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. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. Response: As stated in the preamble to the NPRM, one of the objectives of this revision to the case closure regulation was to provide the States with additional flexibility to manage their IV-D caseloads in an efficient manner. 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. Clearly, not every TANF recipient will be able to provide the IV-D agency with sufficient information about the biological father to allow the IV-D agency to proceed with an action to establish paternity. Response: Once the IV-D agency has closed a case pursuant to an appropriate case closure criterion under 303.11, it need not continue to provide enforcement services. According to 45 CFR 303.11(c), the responding State must notify the initiating State in writing 60 calendar days prior to closure of the State's intent. May the State close the IV-D case of the former AFDC family for failure to return the misdirected child support collection, even though the State failed to notify the family, when they began receiving continued IV-D services, of their rights and responsibilities under the IV-D program? Response: Yes. 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[.]'' An Initiating State is Non-responsive in an Interstate Case Notice Not Required . 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. 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. (Catalog of Federal Domestic Assistance Programs No. Your case may be eligible to be transferred to a child support enforcement agency (CSEA) in another county, depending on specific facts and circumstances. For these reasons, OCSE has decided not to adopt this recommendation. DATES: Consideration will be given to comments received by April 27, 1998. * * * * *, (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 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). Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? In paragraph (d), we are making a technical amendment to the rule by removing the reference to "subpart D,'' as that subpart has been reassigned and no longer addresses the issue of record retention. Response: No. However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. Click Resolve beside each step. Response: No. Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. It is a compilation of questions and responses, some of which have previously appeared in written policy interpretations issued by OCSE. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. (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 requested that the 60 calendar day notice of case closure time frame appearing in paragraph (c) be reduced to a period of 30 calendar days. 3. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. EFFECTIVE DATE: The final rule is effective: April 9, 1999. States must indicate in the case record when the status of the case changes. In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. Contents Here's how to remove a limitation from your account: Go to the Resolution Center. However, in interstate location requests, responding States are not required to conduct the quarterly repeat location attempts as specified in 303.3(b)(5). 2. OCSE believes that attempts to further define cases with "low collection potential'' in regulation is inappropriate. Step 1: Open the Case Either parent can open a child support case, as can a child's legal guardian. Comment: One commenter recommended that the reference to 45 CFR 232.40 be removed from paragraph (b)(9) because this Federal regulation was obsolete. For example, some entities identify individuals by name and date of birth. Responding case, use transmittal#2 to other state acknowledging closure as closure letter Give to Supervisor for closure approval and case note CP REQUEST CLOSURE: Yes NA 99-5831 Filed 3-9-99; 8:45 am] 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. allowed to continue to use certified mailings for their case closure notices. There is no order of support. Update the Initiating State with the closure via CSENet ( Appendix 11.E - CSENet States) or hard copy. (e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application - Child Support Services.When a case closure application is received, CSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. 5. REFERENCES:OCSE-PIQ-90-05,OCSE-PIQ-90-08, OCSE-PIQ-90-09, OCSE-PIQ-91-02, OCSE-PIQ-91-14, OCSE-PIQ-92-04, OCSE-PIQ-92-09, and OCSE-PIQ-92-13. Comment: Two commenters objected to the incorporation of the term "recipient of services'' into the case closure regulation. 2. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. Under UIFSA, States may send a withholding notice directly to an employer in another State. 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)? In some states, the complainant may also be referred to as the "petitioner." . 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. Golden, 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). Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? [ ] The initiating agency has closed its IV-D intergovernmental case because . . 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. * * * * *, (b) * * * The Secretary certifies, under 5 U.S.C. Case closure is one of eight required categories States must assess. 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. 93.563, Child Support Enforcement Program). In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. As part of the regulation reinvention effort, Sec. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. Case Closure Matrix How It Works 1. A PRS may be able to reopen the case. 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). From the Options drop-down, select Submit Case Closure Request and click Go. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. 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. 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. If the responding State is unable to take further action without additional information or assistance and, as provided in the preamble to the final rule on case closure (64 FR 11810, 11816), it has so notified the initiating State consistent with 45 CFR 303.7(c)(4)(ii), the responding State may take steps to close the case on its own. Response: As we stated in OCSE-PIQ-92-04, section 454(6) of the Act requires that child support or collection services be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State. At the request of the States, OCSE originally promulgated regulations in 1989 which established criteria for States to follow in determining whether and how to close child support cases. Donna E. Shalala, 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. Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. 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: Under sections 408(a)(2) and 454(29)(A) of the Act, the State's IV-D agency is responsible for making the determination as to whether or not a TANF recipient is cooperating with the IV-D agency. The fact that a case is closed has no impact on the underlying orders for support. * * * * *. Each State has laws designed to afford protection to the general public, including civil servants. Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? Child support cases do not automatically close when a child turns 18 or emancipates. Under section 454(4) of the Act, a IV-D case is established in response to two scenarios: (1) an individual applies for, and receives, certain forms of public assistance (TANF, IV-E foster care, medical assistance under Title XIX, and when cooperation with IV-D is required of a Food Stamp recipient) and good cause or another exception to cooperation with IV-D does not exist; or (2) when an individual not receiving the aforementioned types of public assistance makes an application for such services. Anyone may apply for IV-D services. 3507(d)). This second letter is separate from the letter of contact described in paragraph (b)(10). The requirements and time frames of 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. (Example: They would close the AFDC case and open a non-AFDC case, or vice-versa.) Click on the Child Support Enforcement Message Center link. Comments to Subparagraph 303.11(b)(3)(iv). Also, in the second sentence, the reference to "paragraph (b)(11)'' is changed to "paragraph (b)(10),'' based upon the renumbering of paragraph (b). 2. Question 2: May the IV-D agency close a case in which the custodial parent has applied for IV-D services, but the noncustodial parent's location is unknown? Response: Yes. . 3. The case must remain open for at least three years and the State must make regular attempts using multiple sources to locate the noncustodial parent, all of which are unsuccessful, before it may be closed pursuant to 303.11(b)(5). However, we recognize that in many States there are great distances between the public and the closest IV-D office and working parents may not be able to take time off for a face-to-face interview. This commenter requested that paragraph (c) be revised to indicate that the "recipient of services'' is, in fact, the "former'' recipient of services when this term is referencing an individual whose case has been closed. The Child Support Enforcement program was established under Title IV-D by the Social Services Amendments of 1974, for the purpose of establishing paternity and child support obligations, and enforcing support owed by noncustodial parents. Additionally, the IV-D agency is not required to suspend action or change its procedures to accommodate the private action. Browse related questions 0 attorney answers Sponsored Listings Advertising 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. Q. In order for a case to be eligible for closure under this authority there are three requirements. If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . Question 18: How should the IV-D agency treat a non-AFDC Medicaid case where the custodial parent refuses to cooperate with the IV-D agency in the establishment of paternity and securing of medical support? Proceed with closure of your responding IV-D Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion. 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. 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? Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. OCSE recognizes that in some cases the recipient of services will fail to contact the IV-D agency during the paragraph (b)(10), 60 day time period and the agency will be required. 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. Enforcing Child Support Orders. Question 12: Must IV-D agencies reopen previously closed public assistance IV-D cases at the time of periodic redetermination of eligibility for public assistance if there is no new information which could help lead to establishment of paternity, or establishment or enforcement of child support order? As indicated previously in response to question six, the case closure by a responding State at the request of an initiating State or case closure based on any of the criteria at 303.11(b) does not affect the status of the IV-D case in the initiating State. In order to actually close the case, the State IV-D agency must send the letter required by paragraph (c) notifying the service recipient of the intent to close the case. 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. Person Paying Support (PPS): Parent who the child does not live with most of the time.
Mike Massimino Wife, Lincolnshire Police Accident Reports, Crossroads Rehab Jacksonville, Fl, Astd Minato 6 Star With Orb, Why Confidentiality Is Important When Collecting Nutritional Information, Humana Otc Pharmacy Login, Nexigo Software Not Opening, Air Canada Flight 143 Transcript,