II. 2. 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. At the request of the States, OCSE originally promulgated regulations in 1989 which established criteria for States to follow in determining whether and how to close child support cases. Under this paragraph, a case would not be available for closure if the resident address of the noncustodial parent was known but the IV-D agency was unable to locate any assets attributable to the noncustodial parent. (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; One commenter objected because he saw this term as subject to change within a case. 1. [ 81 FR 93564, Dec. 20, 2016, as amended at 85 FR 35207, June 9, 2020] 3. X.This section illustrates a variety of miscellaneous case closure situations. Proceed with closure of your responding IV-D For these reasons, OCSE has decided not to adopt this recommendation. * * * * *, d. Paragraph (b)(5) is redesignated as paragraph (b)(4) and revised to read as follows: In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. 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. Enforcing Child Support Orders. Case Closure Desktop Guide 4. The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. The Child Support Enforcement program was established under Title IV-D by the Social Services Amendments of 1974, for the purpose of establishing paternity and child support obligations, and enforcing support owed by noncustodial parents. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' 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. 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. Click on the Child Support Enforcement Message Center link. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. 6. 4. in non-AFDC cases be addressed. (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. 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. 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: There is no residency requirement for receiving IV-D services. Your case may be eligible to be transferred to a child support enforcement agency (CSEA) in another county, depending on specific facts and circumstances. 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? Policy. When these two factors came into direct conflict, we attempted to resolve the issue in favor of keeping a case open if there is a chance of success. 3. Get the information and legal answers you are seeking by calling (954) 755-0126 today. Response: For purposes of paragraph (b)(4), the term "noncustodial parent's location'' means the resident or employment address of the noncustodial parent. Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? Response: If the noncustodial parent applied for IV-D services, the State may not close the case at the custodial parent's request. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. (f) When CSS staff closes a case, CSS: Therefore, IV-D services must be provided regardless of whether a recipient of IV-D services has retained private counsel, unless the case meets at least one of the case closure criteria enumerated in 45 CFR 303.11(b). Comment: Two commenters requested that the final rule clarify that, should a former recipient of services contact the IV-D agency to request child support enforcement services subsequent to the closure of his/her case, then this former recipient of services would be required to complete a new application and pay any applicable application fee. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. [FR Doc. Dated: October 21, 1998. AT-98-30 Publication Date: December 28, 1998 U.S. Department of Health and Human Services Administration for Children & Families Office of Child Support Enforcement The fact that a case is closed has noimpact on the underlying orders for support. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. . **You will need to create a new User ID and User Number for CAF and 1-888-LAHELP-U. Golden, State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. (Example: They would close the AFDC case and open a non-AFDC case, or vice-versa.) 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). Comments to Subparagraph 303.11(b)(3)(iv). Assistant Secretary for Children and Families. 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). To open a case in California, fill out the online application or visit your local child support agency - agency locations can be found here. Comment: Two commenters requested a revision to paragraph (b)(12) to provide for specific criteria which would support the case closure decision made by a responding State. Paragraph (b)(5) is redesignated as paragraph (b)(4). 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). Q. 303.11(b)(4) allows the IV-D agency to close cases in one year when the location of the noncustodial parent is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent, and insufficient information exists to allow the agency to conduct automated locate efforts. 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? However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. * * * * *, (b) * * * 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.'' Anyone may apply for IV-D services. The response incorrectly refers to "IV-AD" in three instances, and should refer to "IV-D". In some of these cases, the responding State may have been unable to locate the noncustodial parent, or may have located him or her in another State. Staff should prepare families for a formal closing process. 3507(d)). 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. For these reasons, OCSE has determined that a regular first class mailing is appropriate for the purposes of paragraph (b)(10). In order to actually close the case, the State IV-D agency must send the letter required by paragraph (c) notifying the service recipient of the intent to close the case. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. Another reason why it would be imprudent to adopt this recommendation is that the interstate request for services may be based solely upon an arrearage owed to the initiating State, and the whereabouts of the custodial parent may be unknown to both States. Section 303.11 is amended as follows: Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? Comment: One commenter suggested adding to the case closure criteria set forth in paragraph (b)(4) that the IV-D agency interview the recipient of services. If, following the closure of the case, the former recipient of services wishes to reapply for IV-D services, he/she may do so. 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. Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). Applicants for IV-D services must be provided with notice of case closure pursuant to 303.11(c) for case closure factors 303.11(b)(1) through (7) and (11) and (12). 303.11. Therefore, the final rule removes the reference to the child's age, thereby eliminating any distinction between paragraphs (b)(1) and (b)(2). CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. States must indicate in the case record when the status of the case changes. Redesignated paragraph (b)(9) adds IV-D and food stamp agencies to the list of State agencies with the authority to make good cause determinations. 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. Click Go to Account Limitations. In addition, it must be kept in mind that the individuals the IV-D agency is attempting to contact with this mailing are recipients of services who are not receiving public assistance. 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. For cases needing enforcement action, 303.6(c)(4) specifies that the IV-D agency must examine the reasons the enforcement attempt failed and determine when it would be appropriate to take an enforcement action in the future, and to do so at that time. Until the IV-D agency in the custodial parent's new State of residence notifies the IV-D agency in the custodial parent's old State of residence that IV-D services are being provided by the IV-D agency in the custodial parent's new State of residence, the IV-D agency in custodial parent's old State of residence would continue to distribute child support collections received from the non-custodial patent's State of residence to the custodial parent at the custodial parent's new address in the new State of residence. 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? Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. The Federal regulations set forth the minimum program standards with which the States must comply. The Department has determined that this rule is consistent with these priorities and principles. 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. Using the proceeds from your ex's new job to pay child support. (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. 5. 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. 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. The other State is being contacted for the limited purpose of location. Response: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. 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. 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). 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. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). 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). File: Submitting paperwork to the court clerk. 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 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. Endorse key decisions and case closure for a report about a child in contact with a sex offender a young person with a significant or complex disability or complex medical needs aged 16 years 9 months or more when child protection involvement will cease before 18 years of age. 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