The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. Response: No. Regulations at 42 CFR 433.147 and 433.148 require the Medicaid agency to determine whether the non-AFDC Medicaid recipient had good cause for failure to cooperate and whether the IV-D agency may continue to attempt to establish paternity and secure support without the cooperation of the non-AFDC Medicaid recipient, under 302.31(b) and (c). Q. 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. A person who seeks to initiate court proceedings against another person. 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. 3. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. Case Closure Complete Guide 3. The initial filing in a child support case is called a Suit Affecting the Parent-Child Relationship. Case Closure Process Note: In order to close a case, an assignment to the case is needed. Child support, Grant programs/social programs, Reporting and recordkeeping requirements. In fact, 45 CFR 303.2(b)(1) requires the IV-D agency to "solicit necessary and relevant information from the custodial parent.''. This paragraph also allows the IV-D agencies to close cases after three years where the noncustodial parent's location is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent when there is sufficient information to. When a case is closed it means that CSSD will no longer provide services for that case. to issue a notice to an address they know to be obsolete. 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. The error occurs in the section "Comments to Paragraph 303.11(b)(2)", in the response to comment one. Olivia A. BACKGROUND: Since publication of regulations governing standards for program operations (54 FR 32284, August 4, 1989, as disseminated in OCSE Action Transmittal 89-15 on the same date), we have received numerous requests for clarification of the case closure criteria listed at 45 CFR 303.11(b). Similarly, if the initiating State failed to provide necessary information to enable the responding State to provide services, and failed to respond to requests to provide the information, the responding State was required to keep the case open, although it was unable to take any action on it. 5. 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. Please note that the preamble language contains an error that occurred during printing. In OCSE-AT-88-02, in response to a similar suggestion, OCSE announced that "it is not the responding State's responsibility to be in direct contact with the custodial parent and it would be overly burdensome to require them to do so.'' Step 1: Open the Case Either parent can open a child support case, as can a child's legal guardian. BILLING CODE 4184-01-P, An Office of the Administration for Children & Families, Final Rule: Case Closure Criteria, 45 CFR Part 303, U.S. Department of Health & Human Services, Administration for Native Americans (ANA), Administration on Children, Youth, and Families (ACYF), Office of Child Support Enforcement (OCSE), Office of Human Services Emergency Preparedness and Response (OHSEPR), Office of Legislative Affairs and Budget (OLAB), Office of Planning, Research & Evaluation (OPRE), Public Assistance Reporting Information System (PARIS), Sign Up for, Pay, or Change Your Child Support. 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). 303.11(b), cannot be closed pursuant to paragraph (b)(1) simply because it has been deemed a low collection potential case. Child support cases do not automatically close when a child turns 18 or emancipates. Case Closure Checklist Why Didn't My Case Close 2. In addition, the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions'' from cooperation, to more accurately implement the requirements of section 454(29) of the Act. 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. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! 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. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). The final rule permits the responding State to close the case if it is unable to process the case due to lack of cooperation by the initiating State. 2. You can ask for a Child Support Review below: Child Support Enforcement, Request for Support Order Review In your case, the reason for the changed circumstances is that your child has reached the age of majority (age 18 in Florida). 93.563, Child Support Enforcement Program). 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. 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. Comment: One commenter recommended that paragraphs (b) (1), (2) and (3) be removed from the requirement to send the notice of case closure in paragraph (c) because those criteria did not pertain to the recipient of services' cooperation. 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? For these reasons, OCSE has determined that a regular first class mailing is appropriate for the purposes of paragraph (b)(10). If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. 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. 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. 303.11(b)(4)(ii). Use of Federal Child Support Case Closure Regulations 2 OEI 06-00-00470 . The fact that a case is closed has noimpact on the underlying orders for support. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). Because of this directive OCSE is unable to adopt the suggestion of this commenter. Question 30: If a State has complied with the case closure criterion at 303.11(b)(5), may it close a IV-D case regardless of the existence of a support order or the amount of past due support? 6. In the former case, the locate request is not considered an interstate referral. OCSE Central Office coordinates the EVS program with the Social Security Administration. Each State has laws designed to afford protection to the general public, including civil servants. This means the judicial officer may enter a final Judgment based on the terms of the Proposed Judgment, without a court hearing and without any input from the PPS. Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion. From the Federal RegisterVisit disclaimer page(PDF), -----------------------------------------------------------------------, DEPARTMENT OF HEALTH AND HUMAN SERVICES Response: As we stated in OCSE-PIQ-92-04, case closure regulations are not meant to restrict the right to request closure only to custodial parents, if the applicant for services was not the custodial parent. allow the agency to conduct automated locate efforts. From the Options drop-down, select Submit Case Closure Request and click Go. Prosecutor's Office may cancel the case closure process in the statewide child support system. Technical corrections to the standards for program operations deleting this requirement were published in the Federal Register June 25, 1990 (55 FR 25839) and disseminated in OCSE-AT-90-5, dated July 6, 1990. Response: There is no residency requirement for receiving IV-D services. PPS: Person Paying Support - Parent who the child does not live with most of the time. The State could, when the IV-D agency realizes it failed to send the family of the notice of continuation of services, send such notice at that time, and then, as appropriate, follow with the letter of intent to close the IV-D case. 1. Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? 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? CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. 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. However, requiring that recipients of IV-D services notify the IV-D agency of the involvement of private counsel is appropriate, in order to prevent duplication of effort and to maximize the effectiveness of actions taken through coordinated efforts. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. Case closure is one of eight required categories States must assess. [Rules and Regulations] States must indicate in the case record when the status of the case changes. If you complete the required steps and we ask you for more information by email, please respond as soon as possible so we can get things resolved. Child Support Enforcement Transmittal #2 - Subsequent Actions Page 2 of 2 CHILD SUPPORT ENFORCEMENT TRANSMITTAL #2 - SUBSEQUENT ACTIONS, PAGE 2 Section II. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. 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. However, if the application of State law resulted in the termination of a temporary child support order during the minority of a child, it would be incumbent upon the State IV-D agency to attempt to establish a final order, provided the parent's legal liability to provide child support continued beyond the termination of the temporary order. The primary impact is on State governments. Question 26: If the custodial parent and child(ren) do not receive public assistance and are unwilling to cooperate in the establishment of paternity and a support obligation based on the request of the non-custodial individual, must the IV-D agency continue to assist with the establishment process? 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. 12.1 Preparing for Termination of Services. 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. program in establishing paternity and securing support, for which you may be sanctioned. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. Paragraph (b)(4) allows a case to be closed when the noncustodial parent's location is unknown, and the State has made diligent efforts in accordance with Section 303.3 of this part, all of which have been unsuccessful, to locate the noncustodial parent "(i) over a three-year period when there is sufficient information to initiate automated locate efforts; or (ii) over a one-year period when there is not sufficient information to initiate automated locate efforts.''. 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. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. 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. 605(b), as enacted by the Regulatory Flexibility Act (Pub. (b) * * * 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. 1. States are required to comply with Federal locate requirements in 45 CFR 303.3 and to make a serious and meaningful attempt to identify the biological father (or any individual sought by the IV-D agency.). 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. This rule does not contain information collection provisions subject to review by the Office of. VIII.This section provides guidance on completing the OCSE reporting forms. This group is made up of representatives of Federal, State and local government elected officials and their staffs. 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. If a Person Paying Support (PPS) still has an order for support, he or she must continue to pay that support to the Person Receiving Support (PRS) . 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. of Revenue. 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. 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. Case Closure Matrix How It Works 1. 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). 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. , GA 30303. If the next appropriate action in the case was the establishment of a final order, then the case could not be closed. 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. Paragraph (c) is revised to incorporate the renumbering of paragraph (b). (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; 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? 5. Modification: A court-ordered change to an order, e.g., the amount of current child support ordered may be modified up or down. Such notice could specify that failure to repay the State under such circumstances would be considered non-cooperation and grounds for case closure. These changes will clarify the situations in which States may close cases and make it easier for States to close unworkable cases, thereby reducing the number of unworkable cases within the system and the amount of time that they must remain in the system. The calculator is based on child support guidelines set by law in California. Sending the notification regarding intended IV-D case closure to the custodial parent, as required under 303.11(c), does not fulfill the regulatory requirement under 302.33(a)(4). The Department has determined that this rule is consistent with these priorities and principles. 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. 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. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. Click Resolve beside each step. . Question 25: If the regulations are meant to restrict non-AFDC IV-D case closure to custodial parents, are States required to advise applicants for IV-D services other than custodial parents of the consequences of their application and the circumstances under which their cases may be closed? The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. L. 96-354), that this final rule will not result in a significant impact on a substantial number of small entities. 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. Comment: One commenter recommended that the reference to 45 CFR 232.40 be removed from paragraph (b)(9) because this Federal regulation was obsolete. OCSE believes that this final rule is successful in striking a good balance between these two factors and, as a result, we expect that the public will receive improved services from the IV-D program. 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. By waiting an additional 60 calendar days, a State will be able to save itself the time and trouble of closing and then reopening a great number of cases. Response: Automated location attempts do not require statewide automated systems. These are the individuals to whom the IV-D agency is required to send the child support collection. 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. Comment: Four commenters requested a clarification of the term "sufficient information to initiate an automated locate effort.''. 1. FPLS obtains address and employer information, as well as data on child support cases in . 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. One commenter objected because he saw this term as subject to change within a case. 4. The family may have no other mailing address through which it could receive notice of case closure. The authority citation for Part 303 continues to read as follows: Authority: 42 U.S.C. 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. Response: OCSE concurs with both of these suggestions. 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? VII. FOR FURTHER INFORMATION CONTACT: Betsy Matheson, Director, Division for Policy and Planning, Office of Child Support Enforcement, 202-401-9386. In addition to what has already been stated in this response, OCSE believes that it is important for the IV-D agency to notify the recipient of services of its intention to close a case based upon the criteria identified in paragraph (c). As previously stated in the preamble to the NPRM for this rule, the trend is moving toward a reduction in the mailing standard. 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. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. While the term "custodial parent" is used because that is the typical situation, it encompasses any applicant or recipient of IV-D services. 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. Initiate court proceedings against another person such notice could specify that failure to repay the State such... Directly from the Options drop-down, select Submit case closure is one of required! Of any circumstances in which payments in a significant impact on a substantial number of small.! Follows: authority: 42 U.S.C order to close a case, the trend is moving toward a in! 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'' to adopt the suggestion of this directive OCSE is unable to adopt the of. For case closure is one of eight required categories States must assess be... Under such circumstances would be considered non-cooperation and grounds for case closure support may!: Betsy Matheson, Director, Division for Policy and Planning, Office of child support system 96-354,. Current child support cases do not require statewide automated systems would be considered non-cooperation and grounds case... Initial filing in a IV-D case flow directly from the Options drop-down select! Substantial number of small entities flow directly from the Options drop-down, select Submit case closure Regulations 2 06-00-00470... To your case is initiating closure child support the IV-D agency should contact the service recipient be by mail... Note that the preamble to the NPRM for this rule is consistent with these priorities and.. 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Reason, any arrearages remaining due would not be closed flow directly from the Options drop-down, select Submit closure!
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