your case is initiating closure child support

Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. Section 388-14A-2090 - Who receives notice when DCS closes a case? Note: Child support payments awarded by the courts but not received can be excluded only when the applicant/resident certifies that payments are not being made and further documents that all reasonable legal actions to collect amounts due, including filing with the appropriate courts or agencies responsible for enforcing payment, have been . regulations, and opportunities for improvement. Q. wage withholding). Conversely, one commenter expressed a concern that the States would compress these two 60 calendar day time frames into a single 60 calendar day period. Response: No. Another commenter offered a related suggestion. 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. Question 2: May the IV-D agency close a case in which the custodial parent has applied for IV-D services, but the noncustodial parent's location is unknown? Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? 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. Proceed with closure of your responding IV-D 3507(d)). 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. 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). 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. Response: The 60 calendar day time period appearing in paragraph (b)(10) commences with the date the letter is mailed to the recipient of services. As specified in OCSE-PIQ-91-14, in cases in which the noncustodial parent is unknown or so little information is available that no automated locate sources can be accessed, the IV-D agency should contact the custodial parent at least annually to determine whether any new information is available that would allow further action to be taken. 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. Administration for Children and Families 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. The non-residential parent may notify the CSEA of any reason why the support order should be terminated. Case Closure Matrix How It Works 1. If the initiating State notifies the responding State that it may close the case, the responding State may close the case sooner than the three-year threshold set forth in 303.11(b)(5). 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. 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. Question 4: May the IV-D agency close a IV-D case in which the noncustodial parent is incarcerated but is expected to be released before the child reaches the age of majority? Response: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. 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. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. In addition, Sec. 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. III-VII.These sections offer examples of case closure involving IV-D cases on behalf of AFDC recipients, former AFDC recipients, non-AFDC Medicaid recipients, Title IV-E foster care recipients, and non-AFDC applicants for IV-D services, respectively. 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). It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. 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. May the IV-D agency close the IV-D case? Click Go to Account Limitations. 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. The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. (9) There has been a finding by the responsible State agency of good cause or other exceptions to cooperation with the IV-D agency and the State or local IV-A, IV-D, IV-E, Medicaid or food stamp agency has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative; 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. The IV-D agency must notify the Medicaid agency of the refusal to cooperate. FOR FURTHER INFORMATION CONTACT: Betsy Matheson, Director, Division for Policy and Planning, Office of Child Support Enforcement, 202-401-9386. 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. 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 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. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. In general, cases are closed when all support is paid and the person who applied for child support services asks for the case to be closed. Generally, if you have a legal reason for the termination of child support payments, you can initiate the process and visit your local family court and obtain the correct forms to fill out the paperwork. 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; 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. As explained previously in the response to question 12, under the facts presented, there is no support order, and subsequently no assignment to the State of arrearages which accrued under a support order. Response: No. Case Closure Checklist Why Didn't My Case Close 2. Response: No. (2) DCS mails a notice of intent to close by regular mail to the last known address of the custodial parent (CP) and the . Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. NONCUSTODIAL PARENT APPLICANTS FOR IV-D SERVICES. ATTACHMENT: Attached is a final ruleVisit disclaimer page(PDF), published in the Federal Register March 10, 1999 (64 FR 11810) revising Federal regulations outlining criteria for closing child support enforcement cases, in response to the Presidents Memorandum of March 4, 1995, to reduce or eliminate mandated burdens on States, other governmental agencies or the private section. Under section 454(4) of the Act, a IV-D case is established in response to two scenarios: (1) an individual applies for, and receives, certain forms of public assistance (TANF, IV-E foster care, medical assistance under Title XIX, and when cooperation with IV-D is required of a Food Stamp recipient) and good cause or another exception to cooperation with IV-D does not exist; or (2) when an individual not receiving the aforementioned types of public assistance makes an application for such services. Since the criteria is the same for both subsections, the distinction is unnecessary. It is possible that additional data elements will be required to undertake some automated locate efforts. 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. Comments to Subparagraph 303.11(b)(3)(iv). The committee developed several recommendations, which were considered in the development of the notice of proposed rulemaking, published in the Federal Register on February 24, 1998 (63 FR 9172). Question 18: How should the IV-D agency treat a non-AFDC Medicaid case where the custodial parent refuses to cooperate with the IV-D agency in the establishment of paternity and securing of medical support? As stated in the preamble to the proposed rule, although OCSE is revising this regulation to provide the States with additional flexibility to manage their IV-D caseloads, we are aware of the necessity to balance this flexibility against the program's mission to ensure that the public receives needed child support enforcement services. This second letter is separate from the letter of contact described in paragraph (b)(10). Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. 2. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. Thirty-one individuals or organizations provided comments to the proposed rule. Nevertheless, notice to both parents is not precluded. State governments are not considered small entities under the Act. 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. Section 303.11(b)(1) as revised, provides that, "There is no longer a current support order and arrearages are under $500 or unenforceable under State law[.]'' 3. 1. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. 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. Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. 3. What Happens if Child Support Isn't Paid. In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. 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). Dated: October 21, 1998. The responding State may close its case file only after the initiating State, or the State where the noncustodial parent is located, acknowledges that it has received the transferred case file from the responding State. If the PPS does not attend the hearing, the court may make an order without him or her. 2. 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. 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. According to paragraph (b)(1), a case is "unworkable'' if there is no current support order and the arrears are either under $500, or unenforceable under State law. Close a Case - Child Support Services. States should keep in mind, however, that case closure is permissive, not mandatory. Question 28: May a State which imposes fees in accordance with Federal regulations, or has elected in its IV-D State plan to recover costs from non-AFDC individuals who are receiving services under 302.33(a)(1)(i) (an applicant for IV-D services) or 302.33(1)(iii) (a former recipient of AFDC, title IV-E foster care, or non-AFDC Medicaid), close a case if a non-AFDC individual subject to a fee or cost recovery fails to pay the State the fee or the costs that have been billed to the family? State would not be entitled to receive FFP under the Act Person Paying.... A case will be required to undertake some automated locate efforts filed with the court may make an order,! Removed from the final rule amends Federal regulations which govern the case closure criterion under 303.11 b. Non-Residential parent may notify the Medicaid agency of the recipient of services by IV-D staff parent. 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