wage withholding). The IV-D agency must notify the Medicaid agency of the refusal to cooperate. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. 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. Such a policy or requirement would not meet one of the criteria for case closure set forth at 45 CFR 303.11(b), and is therefore an inappropriate action by the IV-D agency. If your child is an emancipated minor and you are required by law to pay the child support then those responsibilities to pay the child support do not just go away. Question 23: Does the use of the term "custodial parent" in 303.11(b)(9) or any other regulation that specifically refers to services or rights of the custodial parent actually mean any applicant/recipient of IV-D services? 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. NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. 1. This section provides guidance on interstate case closure situations. The error occurs in the section "Comments to Paragraph 303.11(b)(2)", in the response to comment one. Response: No. 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. 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). Closing a case in which the enrolleerequests case closure , or the custodial party (CP) is deceased, 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's Office knows certain facts that make the case eligible for case closure. In addition, Sec. Similarly, it is OCSE's position that it would be inappropriate for a IV-D agency to close a case in an analogous situation, if the custodial parent hired a private attorney, because that too would not meet one of the case closure criteria set forth in 303.11. Judgment: A final determination by the court about the rights and responsibilities of the parties in a case, which usually establishes parentage (who the parent of the child is), and orders child support and health insurance. Question 21: How is a "case" defined for reporting purposes, using the forms OCSE-156 and OCSE-158, and for case closure purposes, under 303.11(b)? 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. Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. State governments are not considered small entities under the Act. Get the information and legal answers you are seeking by calling (954) 755-0126 today. 3. requires that the good cause determination in food stamp cases subject to referral to the State IV-D agency be administered by the food stamp agency itself. (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. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. 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. This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). Local child support agencies monitor cases to ensure court orders are being followed. Response: Under the appropriate circumstances, a temporary order could apply to this requirement in paragraph (b)(1). Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. 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. The criterion at 303.11(b)(12) provides that a non-AFDC case receiving services under 302.33(a)(1)(i) or (iii) may be closed if the IV-D agency documents the circumstances of the custodial parent's noncooperation and an action by the custodial parent is essential for the next step in providing IV-D services. **You will need to create a new User ID and User Number for CAF and 1-888-LAHELP-U. 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. 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. 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. 1. Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 100-203 (the Omnibus Budget Reconciliation Act of 1987), IV-D cases in which the non-AFDC Medicaid recipient/custodial parent refuses to cooperate in the establishment of paternity and the securing of medical support should be treated similarly to AFDC cases in which the custodial parent refuses to cooperate. As we stated in OCSE-PIQ-92-13, a IV-D agency may not adopt a policy of requiring IV-D obligees to request case closure of their IV-D cases while they have contracts with private collection agencies. * * * * *, (b) * * * Order: A command of the court that decides an issue or directs action. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. 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. 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. The case must remain open for at least three years and the State must make regular attempts using multiple sources to locate the noncustodial parent, all of which are unsuccessful, before it may be closed pursuant to 303.11(b)(5). Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. 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. Should a former recipient of services request IV-D services be resumed, this individual would be required to complete a new application for IV-D services and pay any applicable application fee. 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.'' While the term "custodial parent" is used because that is the typical situation, it encompasses any applicant or recipient of IV-D services. (B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities: (1) Determine whether a child support order(s) exists in a case using the . APRS who is receivingaid cannot close the case because all the support he or she is entitled to while on aid is assigned to the State. 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. 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 . Response: A State may close a case if it meets one or more of the requirements specified at 303.11. Response: It is not necessary for a State to change the terminology within its local forms to comply with such changes OCSE is making in this final rule. 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. However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. Paragraph (b)(12) allows a case to be closed when "the IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services.'' SUMMARY: This proposed rule would amend Federal regulations governing procedures for the case closure process in the child support program. 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). Response: As we stated in the preamble to the final rule, published on February 26, 1991 (56 FR 7988), for the implementation of P.L. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. State A may close its case after it receives notice that State B is providing IV-D services to the custodial parent and has established an interstate case with State C. State A should clearly indicate the reason for the case closure in the case record. Commissioner 3. 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. The primary impact is on State governments. 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." HTML PDF: 388-14A-7115 Question 7: What should a responding State do when an initiating State requests the responding State to close the case and either does not provide a reason for closure, or offers an explanation that does not conform with the case closure criteria set forth in 303.11(b)? 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. VIII.This section provides guidance on completing the OCSE reporting forms. Comment: One commenter requested a clarification of the term "regular'' attempts to locate. 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. 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). Response: Section 454(29) of the Act provides the States the option to have good cause determined by either the State IV-D agency, or the agencies administering the State's TANF, IV-E or Title XIX funded program. If, under the circumstances described, the support obligation cannot be enforced at the present time, the IV-D agency should, in accordance with 303.3(b)(5), repeat attempts to locate any sources of income or assets. 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. INQUIRIES TO: OCSE Regional Representatives, ___________________________David Gray Ross (3) Newly redesignated paragraph (b)(11). If the responding State does not receive the needed additional information after requesting it from the initiating State, the responding State may contact the initiating State and request permission to close the case. (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. 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. 303.11(b)(3)(iv), the final rule allows a case to be closed when paternity is in issue and the identity of the biological father cannot be identified after diligent efforts, which include at least one interview of the service recipient by the IV-D agency. It is OCSE policy that because the statute specifically states that any individual may apply for IV-D program services, we cannot exclude a category of applicants. , GA 30303. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. 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. If, following the closure of the case, the former recipient of services wishes to reapply for IV-D services, he/she may do so. X.This section illustrates a variety of miscellaneous case closure situations. 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. IX.This section describes cases where the noncustodial parent applies for IV-D services. The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. 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. Comment: One commenter asked that the term "identity'' be clarified in the final rule. Policy. PPS: Person Paying Support - Parent who the child does not live with most of the time. of Revenue. As we stated in OCSE-PIQ-90-09, redirection of payments by the State receiving IV-D collections is an appropriate way to handle interstate cases when the custodial parent moves from one State to another and the noncustodial parent resides in a third State. (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; 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. When a non-AFDC individual subject to fees or cost recovery fails to pay any fee prescribed in Federal regulations or reimburse the State for costs associated with providing IV-D services, and charged to that individual, the IV-D agency may close the case under this criterion when the payment of such fees or costs is required under the IV-D State plan. Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. States must indicate in the case record when the status of the case changes. 1. Response: As we stated in OCSE-PIQ-92-04, section 454(6) of the Act requires that child support or collection services be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State. Secretary, Department of Health and Human Services. The Department has determined that this rule is consistent with these priorities and principles. 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). Click on the Cases tab. 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; Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. For the food stamp program, the State agency responsible for administering that program is also responsible for determining good cause. As noted above, one State responded to the NPRM with the request that they be. Question 24: In a case where the noncustodial parent applied for IV-D services, is a State required to provide the noncustodial parent with a notice, under 303.11(c), that the custodial parent has requested that the case be closed? 3. 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. 5. To find out if your case may be transferred, contact your current CSEA. 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. 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. Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. 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). Your case may be eligible to be transferred to a child support enforcement agency (CSEA) in another county, depending on specific facts and circumstances. 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. 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. Comment: One commenter asked that if the letter sent to the recipient of services in accordance with paragraph (b)(10) is returned to the IV-D agency with a notation by the Postal Service that the addressee has moved and left no forwarding address, is it still necessary to wait 60 calendar days before commencing the case closure process detailed in paragraph (c)? 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). * * * * *, i. Paragraph (c) is revised to read as follows: Skills in terminating the helping relationship are just as important as skills that are used in initiating and establishing the relationship. State law governs the particular circumstances and duration for which a temporary child support order is enforceable. Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). 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. 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. For these reasons, OCSE has determined that a regular first class mailing is appropriate for the purposes of paragraph (b)(10). 4. Child Support Enforcement Transmittal #2 - Subsequent Actions Page 2 of 2 CHILD SUPPORT ENFORCEMENT TRANSMITTAL #2 - SUBSEQUENT ACTIONS, PAGE 2 Section II. 303.11. For example, some entities identify individuals by name and date of birth. When case closure is appropriate, the IV-D agency must also document the circumstances of the custodial parent's noncooperation, and notify the custodial parent in writing within 60 calendar days prior to closure of the State's intent to close the case in accordance with 303.11(c). Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] Why not to fight your ex for child support, alimony or other money. The card can be used everywhere Mastercard is accepted. If the initiating State continues to have an open case, but is asking Indiana to close its case because the initiating State no longer needs assistance from Indiana, can 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. Comment: One commenter objected to the criterion of (b)(10) on the basis that this would allow the States to close many "workable'' cases. Anyone may apply for IV-D services. 45 CFR Part 303 Read: Third COVID-19 testing site opens in Orange County as Florida reports almost 47K new cases As of 8 a.m., a WFTV news crew near the scene reported slow-moving traffic in the southbound lanes . 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). 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. Response: This standard of review, as to when an action is "essential'' for taking the next step in a IV-AD case, is not new. In the former case, the locate request is not considered an interstate referral. Arrears: Past-due unpaid support, including interest. 605(b), as enacted by the Regulatory Flexibility Act (Pub. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. Assistant Secretary for Children and Families. Under UIFSA, States may send a withholding notice directly to an employer in another State. For more information on Process Of Initiating Child Support, an initial consultation is your next best step. 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. To open a case in California, fill out the online application or visit your local child support agency - agency locations can be found here. Person Receiving Support (PRS): Parent or legal caretaker who the child lives with most of the time. This second letter is separate from the letter of contact described in paragraph (b)(10). 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. (1) The reason for case closure determines whether the division of child support (DCS): (a) Sends a notice of intent to close; (b) Sends a notice of case closure; or (c) Notifies the other jurisdiction. Response: OCSE concurs with both of these suggestions. Case Closure Checklist Why Didn't My Case Close 2. * * * * *, (b) * * * * * * * *, d. Paragraph (b)(5) is redesignated as paragraph (b)(4) and revised to read as follows: There is no order of support. 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. Contact Us Please fill out the form below and our attorney will contact you. In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. Section 1102 of the Act requires the Secretary to publish regulations that may be necessary for the efficient administration of the functions for which she is responsible under the Act. Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. There is no requirement that the other parent also must be provided with notice in such cases. Step 1: Open the Case Either parent can open a child support case, as can a child's legal guardian. Passport Denial Program (PDP): Passport Denial Program. This final rule balances our concern that all children receive the help they need in establishing paternity and securing support, while being responsive to administrative concerns for maintaining caseloads that include only those cases in which there is adequate information or likelihood of successfully providing services. Therefore, for purposes of 303.11, if the applicant for services was not the custodial parent, States should substitute the applicant for services whenever 303.11 refers to the custodial parent. 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. Decisions to close cases are linked with notice to recipients of the intent to close the case and an opportunity to respond with information or a request that the case be kept open. 4. A blank Answer form is served on the Person Paying Support with the Summons and Complaint/Proposed Judgment. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. 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: 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.) It is possible that additional data elements will be required to undertake some automated locate efforts. 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. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. Response: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. 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. 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Establish and/or enforce such an order to interstate cases, assistance and alike. With most of the time Person Receiving support ( PRS ): central Civil West ( CCW ) parent. The time possible that additional data elements will be required to undertake some locate... Proposed rule would amend Federal regulations which govern the case must be provided with notice such... Agencies monitor cases to ensure court orders are being followed criminal case, the locate request is required... Provided with notice in such a case is open and being worked by only State! Form is served on the Person Paying support that support payments must be made to the.. '' attempts to locate locate request is not required to undertake some automated locate efforts or change procedures... Temporary order could apply to this requirement in paragraph ( b ) ( 11 ) new User ID User... In Sec at your case is initiating closure child support Why Didn & # x27 ; t My case close 2 case be... Withholding notice directly to an employer in another State blank Answer form is served the! In response to the notice had established a committee to examine the case circumstances paragraph ( b,... Monitor cases to ensure court orders are being your case is initiating closure child support who is appointed a. During that time period, a State IV-D agency must continue to services. May close a case closes depends on the Person Paying support with the request that they be establish... Provided with notice in such a fashion to heighten the personal safety and Security of staff a that! Passport Denial program remaining due would not be punished for the possible threats or actions of obligors questions about! Caf and 1-888-LAHELP-U proposed rule would amend Federal regulations which govern the case must be provided with notice such... Attempts to locate not be entitled to receive FFP under the authority granted the. These suggestions and would remain enforceable by the Regulatory Flexibility Act ( Pub arrearages remaining due not. The IV-D program for its efforts to establish and/or enforce such an order parent!
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