2. In non-IV-A cases the IV-D program is required to distribute child support collections to the recipient of services. The Department has determined that this final rule is not a significant regulatory action within the meaning of the Unfunded Mandates Reform Act of 1995. 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. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. 2. * * * * *, b. Paragraph (b)(3) is redesignated as paragraph (b)(2). Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. You should also give details about the payments, such as the amount and payment dates. 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. The fact that a case is closed has no impact on the underlying orders for support. 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)? 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. Comment: Two commenters observed that section 454(29) of the Act exempts a public assistance recipient from the requirement to cooperate with the IV-D program for good cause "and other exceptions.'' Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? For this reason, the case must remain open unless the family instructs the IV-D agency that it no longer desires services. 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 Case Closure Matrix Page 3 of 5 3.50E1 (Rev. 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. 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. 303.11(b), cannot be closed pursuant to paragraph (b)(1) simply because it has been deemed a low collection potential case. 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[.]'' Child support can be taken immediately out of the other parent's wages by having the courts issue a garnishment order to their employer. Also, since States must meet Federal location requirements set forth in 45 CFR 303.3, diligent efforts to obtain the data elements critical for an automated search must occur and be unsuccessful before a State may consider closing the case using criteria in paragraph (b)(4). 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). This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. The residential parent of a child must notify the CSEA of any reason why the support order should terminate. 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? Termination of services should be a planned and natural component of the casework process. Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. 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. 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. Further, the responding State must notify its central registry regarding where the case has been sent. 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. Case Closure Desktop Guide 4. If, in these instances, the initiating State failed to respond to the responding State's request for case closure, the responding State was obligated to leave the case open in its system. 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. Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. 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 rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' 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? 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. 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. The Federal regulations set forth the minimum program standards with which the States must comply. Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. This final rule revises Sec. 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. Closure Code Chart - Child Support Quest Case Closure General Case Closure Closure Code Chart Updated on July 25, 2022 Closure Code Chart As of July 22, 2022. Section 388-14A-2090 - Who receives notice when DCS closes a case? 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. Traditionally, interstate case processing goes from a IV-AD agency in one State to a IV-AD agency in another State, which then forwards a withholding order to an employer in its State. Case Closure Matrix How It Works 1. 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? Response: Automated location attempts do not require statewide automated systems. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. 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. 303.11 to eliminate the term "absent parent'' and replace it with the term "noncustodial parent'' throughout, for consistency with preferred statutory terminology under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193. 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. 4. 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. Michigan IV-D Child Support Manual Michigan Department of Health and Human Services 3.50 Case Closure June 6, 2022 Page 3 of 70 request that the IV-D case be reopened by reapplying for IV-D services.5 Finally, per federal regulations,6 the IV-D agency must retain all records for closed IV-D cases for a minimum of three years.7 2. 1. 303.11; Case Closure Criteria. 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). Response: OCSE has decided not to adopt this suggestion. Step 5: State your request to terminate child support payments and . In cases in which paternity has not been established prior to termination of AFDC eligibility, no support order would exist. The initial filing in a child support case is called a Suit Affecting the Parent-Child Relationship. Get the information and legal answers you are seeking by calling (954) 755-0126 today. This section provides guidance on interstate case closure situations. 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. 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. OCSE believes that attempts to further define cases with "low collection potential'' in regulation is inappropriate. 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. Please note that the preamble language contains an error that occurred during printing. Proceed with closure of your responding IV-D Response: No. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. A PRS may be able to reopen the case. Comment: Four commenters requested a clarification of the term "sufficient information to initiate an automated locate effort.''. 3. 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. The State requesting the information must comply with the location timeframes established in 303.3(b)(3). (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. Administration for Children and Families 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.) State governments are not considered small entities under the Act. 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 all cases, the child support specialist will try to locate the non-custodial party by checking federal, state and local sources to find the mailing address, employment or assets of the non-custodial party. Hearing-impaired individuals may call the Federal Dual Party Relay Service at 1-800-877-8339 between 8:00 A.M. and 7:00 P.M. 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. 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. 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. 303.11(b)(4) allows the IV-D agency to close cases in one year when the location of the noncustodial parent is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent, and insufficient information exists to allow the agency to conduct automated locate efforts. 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. 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. Response: As we stated in response to a similar question in OCSE-PIQ-90-08, in a non-AFDC IV-D case with no assigned arrearages or medical support assignment, if the initiating State either provides no reason or one that does not conform with any of the closure criteria of 303.11(b), the responding State may close the case pursuant to 303.11(b)(9), which permits case closure at the request of the custodial parent where there are no assigned arrearages. 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. Contents Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? Likewise, when a recipient of IV-D services who had applied for IV-D services later applies for and receives AFDC, the IV-D agency would close the non-AFDC case and reopen the case as an AFDC case. VI. 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? 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. Response: Under 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. SUBJECT: Clarification of Case Closure Criteria. You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at 1-877-361-5437, and can view additional contact information for the agency here. Response: No. 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? A person who seeks to initiate court proceedings against another person. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. Paragraph (b)(5) is redesignated as paragraph (b)(4). This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). Comment: One commenter suggested that this regulation allow a State to close the non-IV-D case that remains in existence (e.g., payment registry responsibility) after a IV-D case is closed. a. Paragraph (b)(1) is revised and paragraph (b)(2) is removed to read as follows: lacounty.gov Customer Contact Center (866) 901-3212 ADA Assistance. Olivia A. Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. VII. 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). 303.3, all of which have been unsuccessful, to locate the noncustodial parent: (i) Over a three-year period when there is sufficient information to initiate an automated locate effort, or, (ii) Over a one-year period when there is not sufficient information to initiate an automated locate effort; States should keep in mind, however, that case closure is permissive, not mandatory. Comment: One commenter suggested the addition of a new criterion for case closure. (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. 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. 5. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. 1. From the Federal RegisterVisit disclaimer page(PDF), -----------------------------------------------------------------------, DEPARTMENT OF HEALTH AND HUMAN SERVICES 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? Executive Order 12866 requires that regulations be reviewed to ensure that they are consistent with the priorities and principles set forth in the Executive Order. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. [ 81 FR 93564, Dec. 20, 2016, as amended at 85 FR 35207, June 9, 2020] For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. Staff should prepare families for a formal closing process. Under this paragraph, a case would not be available for closure if the resident address of the noncustodial parent was known but the IV-D agency was unable to locate any assets attributable to the noncustodial parent. 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. 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. 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. 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. Step 1: Open the Case Either parent can open a child support case, as can a child's legal guardian. 3507(d)). 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. It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. Addition of a new criterion for case closure situations Security Act and OTHER INDIVIDUALS... Been sent State your request to terminate child support case is closed has no impact on underlying! 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