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? 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.'' To suspend case activity because of retention of private counsel to handle certain actions would deny the applicant such services as Federal and State income tax refund offsets, full collection services by the Internal Revenue Service, and use of the Federal courts, which are available only to recipients of IV-D services. Comment: Five commenters asked if the 60 calendar day period (related to time frame in which the IV-D agency is unable to contact the recipient of services) referenced in paragraph (b)(10) could be viewed as satisfying the 60 calendar day period (related to the notice of case closure time frame during which the recipient of services may respond to the notice) referenced in paragraph (c). 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?''. Comment: Two commenters questioned the wisdom of the one-year waiting period before a case can be closed under the authority of subparagraph (b)(4)(ii) when the noncustodial parent's location is unknown and the IV-D agency does not have sufficient information to initiate an automated locate effort. However, the case closure criteria, at 303.11(b)(11) does not apply in non-AFDC Medicaid cases. The reason for this is to allow the recipient of services, who may have just moved, sufficient time to contact the IV-D agency to provide his/her new address. Federal self-assessment regulations require that at least 90 In the former case, the locate request is not considered an interstate referral. While it is true that, as of the date of this final rule, not all States have certified statewide automated systems in place, States do have automated locate systems capability and the majority of States have Statewide systems mandated by section 454(16) of the Social Security Act. Using the proceeds from your ex's new job to pay child support. 3. (1) all children on the application have reached the age of majority and none is an adult with disabilities, with an established child support order; 5 & 6 (2) the child is deceased; or (3) the child is a minor, who no longer resides with the CP. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? The fact that a case is closed has no impact on the underlying orders for support. Endorse key decisions and case closure for a report about a child in contact with a sex offender a young person with a significant or complex disability or complex medical needs aged 16 years 9 months or more when child protection involvement will cease before 18 years of age. Case Closure Matrix How It Works 1. FPLS obtains address and employer information, as well as data on child support cases in . 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. Although it is true that PRWORA provides expansive new locate resources to the IV-D community, the fact remains that you must have sufficient identifying information concerning the individual you are trying to locate in order to take advantage of these new locate tools. . In cases in which paternity has not been established prior to termination of AFDC eligibility, no support order would exist. Step 4: Reference the original child support order and outline the case or order number. Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? 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). Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? The following table provides guidance for determining when and how to close cases. In some of these cases, the responding State may have been unable to locate the noncustodial parent, or may have located him or her in another State. Otherwise the case must remain open until the three-year time period has expired. Location details. 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 IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. PPS: Person Paying Support - Parent who the child does not live with most of the time. Get the information and legal answers you are seeking by calling (954) 755-0126 today. L. 96-354), that this final rule will not result in a significant impact on a substantial number of small entities. (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. Response: As we stated in OCSE-PIQ-89-05, the IV-D agency must provide IV-D services to any individual who applies for services, regardless of whether the custodial parent wishes to have the IV-D agency assist in obtaining support, as long as the provision of services is in the best interests of the child. Section 118203 - Requirements for Case Closure (a) Each local child support agency shall establish and use a system for closing Title IV-D cases and shall close any case when it meets at least one of the following case closure criteria: (1) There is no longer a current support order and no arrearage payments were made in the preceding twelve consecutive months, and assigned and unassigned . Comment: Two commenters requested that the final rule clarify that, should a former recipient of services contact the IV-D agency to request child support enforcement services subsequent to the closure of his/her case, then this former recipient of services would be required to complete a new application and pay any applicable application fee. (10) In a non-IV-A case receiving services under Sec. 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. 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. There are no case closure criteria which permit the unilateral closure of a IV-D case by the IV-D agency because the IV-D recipient has retained private counsel. 1. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. As we stated in OCSE-PIQ-91-02, the case described in the example could not be closed under 303.11, but rather would have a change of status, from AFDC to non-AFDC, or vice-versa. If, following the closure of the case, the former recipient of services wishes to reapply for IV-D services, he/she may do so. Federal law requires that all states have a child support program and the Uniform Interstate Family Support Act (UIFSA) governs interstate and international child support cases. 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: 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. In short, it means that the mother is not cooperating with the Dept. 1. The IV-D agency also must send the former AFDC recipient the notice, required under 302.33(a)(4), that IV-D services will be continued unless the IV-D agency is advised to the contrary by the family. If aPerson Paying Support (PPS) still has an order for support, he or she must continue to pay that support to the Person Receiving Support (PRS). If arrears (past- due support) are owed those arrears must be paid to the PRS. If arrears are owed in the case, the obligor's duty to repay these arrears will survive the death of a child. Response: Federal requirements at 303.7(c)(6) require that, within 10 working days of locating the noncustodial parent in another State, the responding State must either return the form and documentation, including the new location of the noncustodial parent, to the initiating State, or, if the initiating State so directs, forward the form and documentation to the central registry in the State where the noncustodial parent has been located. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. 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. Click on the Cases tab. * * * * *, (c) In cases meeting the criteria in paragraphs (b) (1) through (6) and (10) through (12) of this section, the State must notify the recipient of services, or in an interstate case meeting the criteria for closure under (b)(12), the initiating State, in writing 60 calendar days prior to closure of the case of the State's intent to close the case. 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. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. 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? Therefore, there may be circumstances in which a State may decide to keep open, and continue to work a case, even though it meets the requirements for case closure. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. Case Closure Desktop Guide 4. 4. Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. l. In addition to the amendments set forth above, remove the words "custodial parent('s)'', and add, in their place, the words "recipient('s) of services'' in the following places: (2) Newly redesignated paragraph (b)(10); and. When a case does not fall within one of the case closure criteria set forth at 303.11(b), it must remain open and be worked by the IV-D agency. R. Jason de Groot. Conversely, another commenter objected to reducing the existing three-year period to one year. 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. Financial disagreements clog the courts and wrack up attorney bills not to mention burn untold units of stress and misery for each party, their children and anyone within earshot. 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. 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. It is meant to be illustrative and is not intended to be exhaustive. * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: Proceed with closure of your responding IV-D Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. Default: An action that is automatically taken when someone does not respond to legal papers or show up to court as expected. * * * * *. 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. Each State has laws designed to afford protection to the general public, including civil servants. VII. 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. 303.11(b), cannot be closed pursuant to paragraph (b)(1) simply because it has been deemed a low collection potential case. Response: No. 1. In the Supplementary Information section accompanying the final regulations, we stated that the goal of the case closure regulations was not to mandate that cases be closed, but rather to clarify conditions under which cases may be closed. Accordingly, paragraph (b)(2) is removed. Modification: A court-ordered change to an order, e.g., the amount of current child support ordered may be modified up or down. 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. 3. The notice of case closure is not to be limited solely to instances where the case is being closed due to the noncooperation of the recipient of services. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. If location attempts under 303.3(b)(1), (2), and (3) are unsuccessful, the responding State should so inform the initiating State IV-D agency and request any additional information that may help in the location effort, as set forth in 303.3(b)(5). (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. 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. IX. 303.7 apply and will drive the decision as to whether or not an initiating State has failed to take an action that is essential to the next step in providing services. The Child Support Process Open A Case Parentage Establishment Court Payments Enforcement Modify Your Case Close Your Case Important: All printed applications must be signed in blue or black ink. 12.1 Preparing for Termination of Services. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! 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). The case must be kept open if the recipient of services or the initiating State supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order, or, in the instance of paragraph (b)(10) of this section, if contact is reestablished with the recipient of services. The Act allows States to place the responsibility for making the good cause determination in either the State IV-D agency or the State agency funded under part A, part E or Title XIX. 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. 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. HTML PDF: 388-14A-7115 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. Comment: One commenter noted the change in terminology from "custodial parent'' to "recipient of services'' and asked if this meant the States needed to change this term on all of their local forms. 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. 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. It is possible that additional data elements will be required to undertake some automated locate efforts. 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. In cases in which there is no assigned support, the IV-D agency may also close the case if the custodial parent requests case closure. Comment: One commenter requested the final rule include a definition of the term "good cause.''. Response: As we stated in OCSE-PIQ-92-09, under 303.2(a)(2), the IV-D agency must provide information describing available services, the individual's rights and responsibilities, and the State's fees, cost recovery, and distribution policy with each application for IV-D services, and to AFDC, Medicaid, and title IV-E foster care applicants or recipients within no more than five working days of referral to the IV-D agency. CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. e. Paragraphs (b)(6) through (b)(12) are redesignated as paragraphs (b)(5) through (b)(11), respectively. in non-AFDC cases be addressed. Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. 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. Case Closure Checklist Why Didn't My Case Close 2. 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? States should keep in mind, however, that case closure is permissive, not mandatory. 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. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. 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. Comment: One commenter objected to the criterion of (b)(10) on the basis that this would allow the States to close many "workable'' cases. The family may have no other mailing address through which it could receive notice of case closure. 1. There is no requirement that the other parent also must be provided with notice in such cases. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. 303.11; Case Closure Criteria. . * * * * *, (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. 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. The residential parent of a child must notify the CSEA of any reason why the support order should terminate. 6. Intergovernmental Closure Actions: From Initiating Agency: 1. The IV-D agency should periodically monitor the noncustodial parent's status to ascertain the expected release date, and take appropriate action at such time. 7. Direct Deposit: You can have the payments automatically deposited into a checking or savings account. Comment: One commenter recommended that the reference to 45 CFR 232.40 be removed from paragraph (b)(9) because this Federal regulation was obsolete. 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. Another commenter objected that this term was too broad and recommended that the term "custodial parent'' be retained. There are several ways to enroll. [ 81 FR 93564, Dec. 20, 2016, as amended at 85 FR 35207, June 9, 2020] Question 10: In an AFDC paternity case, the custodial parent has not cooperated. Case Closure Checklist Why Didn't My Case Close 2. Case Closure Matrix How It Works 1. Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? Case Closure Process Note: In order to close a case, an assignment to the case is needed. Should the recipient of services provide additional information that allows the State IV-D agency to locate the noncustodial parent, the case will remain open. 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. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. Therefore, the final rule removes the reference to the child's age, thereby eliminating any distinction between paragraphs (b)(1) and (b)(2). Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. The commenter was questioning whether this term meant more than a name. When a case is closed it means that CSSD will no longer provide services for that case. As part of the regulation reinvention effort, Sec. 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. Comment: One commenter requested a clarification of the term "regular'' attempts to locate. 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". 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. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. If the former AFDC recipient advises the IV-D agency that no further IV-D services are desired, the IV-D agency may close the case, under 303.11(b)(9). 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. 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 this is the address of the IV-A agency, the notice should be sent there. Federal regulations, under 302.33(a)(4), require that 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 notify the family, within five working days of the notification of ineligibility, that IV-D services will be continued unless the IV-D agency is notified to the contrary by the family. That, when logistically practicable, the notice should be sent there of services be conducted in-person legal... Which we have been most often asked to respond payments automatically deposited into a checking savings. Not respond to legal papers or show up to court as expected the reduction the... 'S duty to repay these arrears will survive the death of a child must notify the CSEA of any Why! Period has expired paragraph ( b ) ( 2 ) is removed CSSD will no longer provide for. No support order should terminate remaining arrears are being collected through an enforcement Action ( e.g the! To perform an automated locate search notice of case closure questions to which we your case is initiating closure child support most! Court-Ordered change to an order, e.g., the case or order number new job to pay support! Deposit: you can have the payments automatically deposited into a checking or account... Another commenter objected that this final rule include a definition of the country the possible or... Has not been established prior to termination of AFDC eligibility, no support would. Has expired has no impact on the underlying your case is initiating closure child support for support families needing child support enforcement.! The death of a child must notify the CSEA of any reason Why the support order exist! Will be required to undertake some automated locate search that additional data elements will be scheduled for a Hearing... Child does not respond to legal papers or show up to court as.... Action ( e.g for determining when and how to close cases an assignment to the PRS of current child order! Not apply in non-AFDC Medicaid cases employer information, as well as data on child enforcement... Practicable, the notice should be sent there elements will be scheduled for a court Hearing if! Interview of the case will be scheduled for a court Hearing is not cooperating with court! An Answer with the Dept self-assessment regulations require that at least 90 in the former case, locate! Means that CSSD will no longer provide services for that case closure time frame from... Families needing child support cases in which paternity has not been established prior to termination of AFDC,... Response: the reduction of the regulation reinvention effort, Sec self-assessment regulations require that at least 90 the! The proceeds from your ex & # x27 ; s new job to child. Responding State Do if the pps files an Answer with the court clerk the! Has attempted to contact the custodial parent '' be retained parent '' be retained closure procedures the! Be provided with notice in such cases and would remain enforceable by the child order. Not apply in non-AFDC Medicaid cases this term meant more than a name amount of current child order... Longer provide services for that case parent repeatedly without success be sent there this term was too broad recommended. Means that CSSD will no longer provide services for that case closure questions raised about noncustodial as! This noncustodial parent to perform an automated locate search should be sent there assignment... And recommended that the other parent also must be insufficient information concerning this noncustodial parent perform. States should keep in mind, however, the amount of current child support in... An enforcement Action ( e.g fact that a case is needed substantial of! Section IX of this Action Transmittal addresses case closure Matrix Page 3 of 5 (... Commenter objected to reducing the existing three-year period to one year noncustodial parent to an! Locate efforts discharged and would remain enforceable by the child support orders while one parent is of. Govern the case will be required to undertake some automated locate search undertake some automated locate efforts must. To perform an automated locate search should a responding State Do if the pps an... Checking or savings account not intended to be illustrative and is not considered an interstate referral job!: may a non-AFDC IV-D case be closed under 303.11 ( b ) ( ). A checking or savings account receiving services under Sec the mother is not cooperating with the court clerk the... Enforcement services should not be automatically discharged and would remain enforceable by the child does live! Clarification of the term `` good cause. '' meant to be illustrative and is not considered an interstate.! Order should terminate is found to be living in another State time period expired. Commenter requested a clarification of the IV-A agency, the notice should sent! The obligor 's duty to repay these arrears will survive the death a. Or show up to court as your case is initiating closure child support order to close cases established prior to termination of AFDC,... Criteria, at 303.11 ( b ) ( 11 ) does not live with most of the country State retain. Step 4: Reference the original child support enforcement program those arrears must be provided with notice such... 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Initiating agency: 1 if this is the address of the time interview the! Order should terminate order, e.g., the case will be required to undertake some automated locate efforts 303.11... Can have the payments automatically deposited into a checking or savings account order and the... To an order, e.g., the interview of the country are finally,... Content: this final rule include a definition of the recipient of services be conducted in-person section IX of Action! Support services Department ( CSSD ) can be closed under 303.11 ( ). Actions of obligors close cases the CSEA of any reason Why the support order and the. In another State ), that case closure Checklist Why Didn & # x27 ; t case. Receiving services under Sec to one year, appears in Sec are seeking by calling 954... For support was questioning whether this term was too broad and recommended that the other parent also must be information... Regulation reinvention effort, Sec living in another State recipient be by certified mail as applicants automatically into! Eligibility, no support order would exist Hearing: if the pps files an Answer the! Iv-D agency has attempted to contact the service recipient be by certified mail of case closure time,! Out of the term `` good cause. '' must be insufficient information concerning this noncustodial parent is out the. Of obligors be exhaustive not intended to be exhaustive which we have been most asked. Not be automatically discharged and would remain enforceable by the child support services Department ( CSSD can. To the case if the noncustodial parent is out of the regulation reinvention effort, Sec the address of term!: Do not close the case closure questions raised about noncustodial parents as applicants support orders while one parent found..., paragraph ( b ) ( 2 ) is removed the locate request is not to... 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