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. Toll-Free: (877) 423-4746. 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). However, as we stated in the Preamble to the Final Rule on Program Standards (54 FR 32284, at 32303, August 4, 1989) "[c]ase closure does not affect the support order or arrearages which have accrued under the order; it only means that services under the IV-D program will no longer be provided. (2) DCS mails a notice of intent to close by regular mail to the last known address of the custodial parent (CP) and the . However, if the identity of the noncustodial parent is known, but his/her location is unknown, then there are multiple locate resources available to the IV-D agency. * * * * *, (b) * * * Some fees may be associated with the Electronic Payment Card. 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. 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. 5. 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. 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: 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. * * * * *, h. Paragraph (b)(12) is added to read as follows: This will open the Case Closure page. Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. 7. OCSE is addressing the continuation of services issue in IV-E cases in another rulemaking activity. 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 . 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. 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. Click Resolve beside each step. If the next appropriate action in the case was the establishment of a final order, then the case could not be closed. Approved: November 30, 1998. 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. 1. 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. even with support, a child is not safe within the family, child . 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. A PRS may be able to reopen the case. 6/22) Federal IV-D Case Closure Criteria (45 CFR 303.11) (a) The IV-D agency shall establish a system for case closure. Response: Federal regulations at 302.33(a)(4) require the IV-D agency, as part of the continuation of services for former assistance recipients, to notify the former AFDC family of their rights and responsibilities under the IV-D program, similar to the explanation given to applicants for IV-D services. 5. EFFECTIVE DATE: The final rule is effective: April 9, 1999. Order: A command of the court that decides an issue or directs action. 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. Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). 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. IX.This section describes cases where the noncustodial parent applies for IV-D services. 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. 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 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. Section 303.11 is amended as follows: * * * * *, j. Paragraph (d) is revised to read as follows: The case worker will send the closure request to the Responding State via CSENet or regular mail. 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. 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. A PRS who is not receiving aid ("welfare") can close his or her case at any time. Comment: One commenter asked that the term "identity'' be clarified in the final rule. Paragraph (b)(5) is redesignated as paragraph (b)(4). As we stated in OCSE-PIQ-90-08, the IV-D agency still would be required, as specified under 303.11(c), to notify the custodial parent in writing 60 calendar days prior to closure of the State's intent to close the case. However, in interstate location requests, responding States are not required to conduct the quarterly repeat location attempts as specified in 303.3(b)(5). 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: 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. 3. allow the agency to conduct automated locate efforts. The family may have no other mailing address through which it could receive notice of case closure. The language in both the Act and the regulation allow noncustodial parents to apply for IV-D services if they file an application with the IV-D agency, as specified in 302.33(a)(1). Title IV, Part D of the Social Security Act (42 U.S.C. R. Jason de Groot. What Happens if Child Support Isn't Paid. This group is made up of representatives of Federal, State and local government elected officials and their staffs. When the court or administrative authority hears and decides factual and legal issues of the case, the parent's interests and concerns, in addition to the child's best interests, may bear on determinations with respect to the case. Question 32: May a IV-D agency adopt a policy of requiring IV-D obligees to request closure of their IV-D cases if and while they have entered into contracts with private collection agencies for collection of child support? If, following the closure of the case, the former recipient of services wishes to reapply for IV-D services, he/she may do so. Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. Response: This suggestion is inconsistent with OCSE's long-standing interstate policy that the responding State not have direct contact with the custodial parent residing in, and receiving IV-D services from, the initiating State. When a case is closed it means that CSSD will no longer provide services for that case. 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). 3. As stated above, in response to comment #5 (General Comments), the Enumeration Verification System will assist States in the identification of missing or incomplete social security numbers. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? (e) The IV-D agency must retain all records for cases closed in accordance with this section for a minimum of 3 years, in accordance with 45 CFR 75.361 . The IV-D agency must notify the Medicaid agency of the refusal to cooperate. Intergovernmental Closure Actions: From Initiating Agency: 1. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. May the IV-D agency close the IV-D case? 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. 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. 12.1 Preparing for Termination of Services. 5. Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. Parentage: Parent-child relationship (who the parent of the child is). Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. 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. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. 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. The addition of the Title IV-D and food stamp agencies to this list is required by section 454(29) of the Act, which provides flexibility to the States in selecting the agency authorized to make good cause determinations. 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)? Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. Finally, redesignated paragraph (b)(9) removes the reference to Federal AFDC regulations concerning the good cause determination because that regulation is obsolete. PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. Response: OCSE has decided not to adopt this suggestion. Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. Michigan IV-D Child Support Manual Michigan Department of Health and Human Services 3.50 Case Closure June 6, 2022 Page 3 of 70 request that the IV-D case be reopened by reapplying for IV-D services.5 Finally, per federal regulations,6 the IV-D agency must retain all records for closed IV-D cases for a minimum of three years.7 2. Also, in the second sentence, the reference to "paragraph (b)(11)'' is changed to "paragraph (b)(10),'' based upon the renumbering of paragraph (b). If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . 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. 45 CFR Part 303 Comment: One reviewer questioned whether a temporary order would apply to the requirement at paragraph (b)(1) that "there is no longer a current support order?''. This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). 1. Secretary, Department of Health and Human Services. 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[.]'' First, the location of the noncustodial parent must be unknown. 6. This final rule revises Sec. 303.11(b)(4)(ii). To find out if your case may be transferred, contact your current CSEA. For these reasons, OCSE has determined that a regular first class mailing is appropriate for the purposes of paragraph (b)(10). (Catalog of Federal Domestic Assistance Programs No. Why not to fight your ex for child support, alimony or other money. If arrears are owed in the case, the obligor's duty to repay these arrears will survive the death of a child. Under the clarifications provided in OCSE-AT-90-12, a case may be closed in one category and re-opened in another when the status of the case changes. Step 1: Open the Case Either parent can open a child support case, as can a child's legal guardian. L. 96-354), that this final rule will not result in a significant impact on a substantial number of small entities. IV-D child support cases 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. Get the latest versions of Adobe Acrobat Reader from the Downloads and Plug-ins page. Question 1: May a case be closed if no action may be taken on it at the present time but it is possible that the case may be worked in the future, and it does not fit any of the case closure criteria in 303.11(b)? If you have not consulted with an experienced family law attorney, you should do so. Q. 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." 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. 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. 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. 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 This rule revises Federal requirements for establishing and enforcing intergovernmental support obligations in Child Support Enforcement (IV-D) program cases receiving services under title IV-D of the Social Security Act (the Act). In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. 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. 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. 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. l. In addition to the amendments set forth above, remove the words "custodial parent('s)'', and add, in their place, the words "recipient('s) of services'' in the following places: (2) Newly redesignated paragraph (b)(10); and. 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. The final rule adds a new paragraph, (b)(12) to Sec. May the State close the IV-D case of the former AFDC family for failure to return the misdirected child support collection, even though the State failed to notify the family, when they began receiving continued IV-D services, of their rights and responsibilities under the IV-D program? 2. * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: 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). State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. In an effort to be responsive to the President's Memorandum of March 4, 1995, which announced a government-wide Regulatory Reinvention Initiative to reduce or eliminate burdens on States, other governmental agencies or the private sector, and in compliance with section 204 of the Unfunded Mandates Reform Act of 1995, Pub. For example, cases must remain open even if there is no likelihood of immediate or great success in securing support, perhaps because of a period of incarceration. Another commenter objected that this term was too broad and recommended that the term "custodial parent'' be retained. Response: OCSE believes that, by remaining silent on the manner in which the notice of case closure is to be sent, the States are provided the maximum amount of flexibility. Specifically, they asked if the interview was required to be conducted "face-to-face,'' or could a separate IV-D interview be conducted over the telephone? Visit: 2 Peachtree St. NW. Contact Us Please fill out the form below and our attorney will contact you. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. In short, it means that the mother is not cooperating with the Dept. Federal regulations at 303.2(a)(3) require the IV-D agency to accept an application as filed on the day it and the application fee are received. The fact that a case is closed has noimpact on the underlying orders for support. Dated: October 21, 1998. 6. CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. Question 3: May the IV-D agency close a case, with an order already established, in which the noncustodial parent is unemployed and has no other income or attachable assets? A child support agency may take increasing enforcement action, usually starting with . Close a Case - Child Support Services. Question 19: May the IV-D agency close a IV-D case in which the IV-E foster care case has been closed and there are no arrears owed to the State, or the arrears are less than $500, and no application for IV-D services has been received from the custodial parent? The response incorrectly refers to "IV-AD" in three instances, and should refer to "IV-D". As noted above, one State responded to the NPRM with the request that they be. 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. Paragraph (c) is revised to incorporate the renumbering of paragraph (b). VI. Proceed with closure of your responding IV-D 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. Termination of services should be a planned and natural component of the casework process. Case Closure Complete Guide 3. When opening the .pdf form from a web-browser such as Firefox, Microsoft Edge, or Chrome: download the form - right click on the link and select save link as and save it to your computer; open the file - right click on the file and choose open with Adobe . The non-residential parent may notify the CSEA of any reason why the support order should be terminated. 2. Question 10: In an AFDC paternity case, the custodial parent has not cooperated. Response: Yes, it is appropriate to provide the 60 calendar day time frame in instances where the letter sent to the recipient of services is returned marked "moved, left no forwarding address.'' A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. 2. 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. 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? Response: As we stated in OCSE-PIQ-92-09, under 303.2(a)(2), the IV-D agency must provide information describing available services, the individual's rights and responsibilities, and the State's fees, cost recovery, and distribution policy with each application for IV-D services, and to AFDC, Medicaid, and title IV-E foster care applicants or recipients within no more than five working days of referral to the IV-D agency. 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. Question 5: May a responding State close an incoming interstate locate request when the noncustodial parent cannot be located in the responding State, or must the responding State IV-D agency continue to perform quarterly location attempts, under 303.3(b)(5), for three years before being able to close the case, under 303.11(b)(5)? The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). Comment: One commenter requested a clarification of the term "regular'' attempts to locate. 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.'' In addition, Sec. However, for purposes of this paragraph the data elements required for an automated locate effort are simply the individual's name and social security number. 303.11. . 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) . Response: Yes, OCSE concurs with this recommendation and the final rule revises paragraph (c) to require the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12), to send a notice of case closure to the initiating State. 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. 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