(3) Newly redesignated paragraph (b)(11). 1. establishment of child and spousal support orders, 2. enforcement of support and income withholding orders from other states without registration, 3. registration of support orders for enforcement, 4. modification of support orders issued by a Connecticut tribunal, 5. registration of a child support order from another state for modification . * * * * *, (b) * * * 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. 303.11. 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. * * * * *, j. Paragraph (d) is revised to read as follows: After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? 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. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. This rule does not contain information collection provisions subject to review by the Office of. 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. 1. Each State has laws designed to afford protection to the general public, including civil servants. The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. (b) * * * In the final Program Standards regulations dated August 4, 1989 (54 FR 32284), and issued in OCSE-AT-89-15, we gave examples of appropriate instances in which to close cases. Section 303.11(b)(11) provides that a non-AFDC case receiving services under 302.33(a)(1)(i) (an applicant for IV-D services), or 302.33(a)(1)(iii) (former AFDC, former IV-E foster care, or former Medicaid recipient), may be closed, if the IV-D agency is unable to contact the custodial parent within a 30-calendar-day period despite attempts by both phone and at least one certified letter. 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. 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. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] Child support can be taken immediately out of the other parent's wages by having the courts issue a garnishment order to their employer. to issue a notice to an address they know to be obsolete. 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). Paragraph (c) is revised to incorporate the renumbering of paragraph (b). States must indicate in the case record when the status of the case changes. If the IV-D agency knows the name of the biological father but cannot proceed because it does not have any additional information to locate this individual, then the case would be eligible for closure under the authority of subparagraph (b)(4)(ii). Case Closure Complete Guide 3. 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. Dated: October 21, 1998. * * * * *, (12) The IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services. 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. Comment: One commenter asks if paragraph (b)(4)'s use of the term "noncustodial parent's location is unknown'' means the physical address and the location of any assets attributable to the noncustodial parent? Click on Submit a Question and send your questions or information. Since the criteria is the same for both subsections, the distinction is unnecessary. Until the family receiving continued IV-D services requests the State to close the case, the case must remain open, without any application or application fee. This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). Under the previous case closure regulations, a responding State was not free to close a case without the permission of the initiating State. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. PRWORA has greatly expanded the pool of locate resources which, when all States are automated, will have a significant impact upon this universe of cases. The IV-D agency may also close the IV-D case at the request of the custodial parent if the case closure requirements of 303.11(b)(9) are met. The following table provides guidance for determining when and how to close cases. If this is the address of the IV-A agency, the notice should be sent there. Response: Yes. Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. Gather as much information as possible. PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. FOR FURTHER INFORMATION CONTACT: Betsy Matheson, Director, Division for Policy and Planning, Office of Child Support Enforcement, 202-401-9386. 12.1 Preparing for Termination 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.'' 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. 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. 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). Step 3: Indicate the full name of the parent paying child support and the name and age of your child. 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". 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. Paragraph (b)(5) is redesignated as paragraph (b)(4). 303.11 on case closure criteria was reviewed to determine what changes could be made to help States with their case closure process, while ensuring that all viable cases remained open. a. Paragraph (b)(1) is revised and paragraph (b)(2) is removed to read as follows: (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. Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. Donna E. Shalala, As stated in the NPRM's Description of Regulatory Provisions, the purpose of this requirement was to clarify that the eligibility interview conducted by staff associated with the State's public assistance agency would not be sufficient for purposes of this subparagraph. Comment: One commenter objected to the minimum requirement of "one'' attempt to contact the non-IV-A recipient of services by regular mail on the basis of the commenter's belief that the Postal Service provides poor mail service to low income communities. 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). 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). IV-D services are available to both custodial and noncustodial parents. 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. Step 4: Reference the original child support order and outline the case or order number. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? Q. Question 31: After a IV-D case has been closed in accordance with case closure criteria, is the IV-D agency obligated to continue to provide enforcement services? Second, the State must have made diligent efforts in accordance with the Federal locate requirements in section 303.3, using multiple sources, to locate the noncustodial parent. Response: This comment will not be incorporated. However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. In 303.11(b)(9) then, the State IV-D agency may close a case if requested by the individual who applied for IV-D services under 302.33, and there is no assignment to the State of medical support under 42 CFR 433.146 or of arrearages which accrued under a support order. 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. * * * * *, i. Paragraph (c) is revised to read as follows: 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. Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. Federal self-assessment regulations require that at least 90 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. CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. 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. Another commenter offered a related suggestion. 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. 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? Response: No, the IV-D agency may not close the case pursuant to 303.11(b)(6) because action on it may be possible when the noncustodial parent is released from prison. Close a Case - Child Support Services. 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). Secretary, Department of Health and Human Services. Federal guidelines require a local child support agency to take action in cases when a payer is more than one month behind in making payments. Case Closure Process Note: In order to close a case, an assignment to the case is needed. 3507(d)). 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. However, in interstate location requests, responding States are not required to conduct the quarterly repeat location attempts as specified in 303.3(b)(5). Skills in terminating the helping relationship are just as important as skills that are used in initiating and establishing the relationship. Additionally, the IV-D agency is not required to suspend action or change its procedures to accommodate the private action. Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 303.11. 5. 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. 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. 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. A PRS who is not receiving aid ("welfare") can close his or her case at any time. 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. 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. Using the proceeds from your ex's new job to pay child support. 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). 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. In general, an Answer can be used to ask for genetic testing or a chance to go to court about the amount of child support. Response: Under the appropriate circumstances, a temporary order could apply to this requirement in paragraph (b)(1). Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? PPS: Person Paying Support - Parent who the child does not live with most of the time. 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 Similarly, should the State close a IV-D case in accordance with paragraph (b)(3) or (4), for example, because the location of the individual being sought is unknown, IV-D case closure alone may not be used to determine noncooperation by a TANF recipient. 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. A parent does not have to pay current child support for an emancipated minor. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. Notification to the custodial parent that the custodial parent may be required to reimburse the IV-D agency for any misdirected child support collections received by the custodial parent could be included in the notice to the family regarding continuation of IV-D services. 303.11(b)(4)(ii). 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. 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. This does not mean that, at some time in the future, the Department of Revenue might not come after you again for child support. No costs are associated with this final rule. Therefore, the final rule removes the reference to the child's age, thereby eliminating any distinction between paragraphs (b)(1) and (b)(2). 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. The case worker will send the closure request to the Responding State via CSENet or regular mail. The IV-D agency would continue to provide all appropriate IV-D services, and would continue to expect the custodial parent's cooperation. Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. 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. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. Response: No. 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. Case Closure Desktop Guide 4. We received thirty-one comments from representatives of State and local IV-D agencies, national organizations, advocacy groups and private citizens on the proposed rule published February 24, 1998 in the Federal Register (63 FR 9172). 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. In short, it means that the mother is not cooperating with the Dept. Response: No. 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. Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. 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 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. 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. 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. 4. 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). (2) DCS mails a notice of intent to close by regular mail to the last known address of the custodial parent (CP) and the . RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. If you have a checking account and would prefer to receive your child support payment via direct deposit you may download the form . Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. Step 5: State your request to terminate child support payments and . Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. SUBJECT: Clarification of Case Closure Criteria. 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. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. In light of these considerations, this recommendation was not adopted. * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: 2. 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. 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. NONCUSTODIAL PARENT APPLICANTS FOR IV-D SERVICES. 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. 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." VIII.This section provides guidance on completing the OCSE reporting forms. 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. CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. * * * * *. 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. 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. For example, when the custodial parent and the child(ren) are terminated from AFDC, the IV-D agency would, for purposes of the OCSE-156 and OCSE-158, close the case in AFDC status and re-open the case in non-AFDC status and/or AFDC arrears only status. Click Go to Account Limitations. 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. Because of this directive OCSE is unable to adopt the suggestion of this commenter. When the initiating jurisdiction receives the intent to close notice for this case closure Case Closure Matrix How It Works 1. If arrears (past- due support) are owed those arrears must be paid to the PRS. 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