Parentage: Parent-child relationship (who the parent of the child is). 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. A parent does not have to pay current child support for an emancipated minor. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS, SUBJECT: Case Closure Criteria Final Rule, 45 CFR Part 303. Prosecutor's Office may cancel the case closure process in the statewide child support system. 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)? 3507(d)). 1. In paragraph (d), we are making a technical amendment to the rule by removing the reference to "subpart D,'' as that subpart has been reassigned and no longer addresses the issue of record retention. 3. 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 division of child support may register an order from a tribe or another state or country for enforcement or modification. For this reason, the case must remain open unless the family instructs the IV-D agency that it no longer desires services. * * * * *, (c) In cases meeting the criteria in paragraphs (b) (1) through (6) and (10) through (12) of this section, the State must notify the recipient of services, or in an interstate case meeting the criteria for closure under (b)(12), the initiating State, in writing 60 calendar days prior to closure of the case of the State's intent to close the case. Likewise, when a recipient of IV-D services who had applied for IV-D services later applies for and receives AFDC, the IV-D agency would close the non-AFDC case and reopen the case as an AFDC case. 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. In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. 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? 303.3, all of which have been unsuccessful, to locate the noncustodial parent: (i) Over a three-year period when there is sufficient information to initiate an automated locate effort, or, (ii) Over a one-year period when there is not sufficient information to initiate an automated locate effort; * * * * *, (b) * * * The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. 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. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. 1 thing divorcing couples fight over. Administration for Children and Families 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? 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. 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. Response: As stated in the preamble to the NPRM, one of the objectives of this revision to the case closure regulation was to provide the States with additional flexibility to manage their IV-D caseloads in an efficient manner. 4. 5. Visit: 2 Peachtree St. NW. Otherwise the case must remain open until the three-year time period has expired. 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. Question 14: Which case closure criterion is applicable in a. situation where the IV-A agency refers an intact family (e.g., in an AFDC-Unemployed parent case) to the IV-D agency for paternity establishment services, but AFDC eligibility ends for the entire family before the IV-D agency completes paternity establishment services? Arrears: Past-due unpaid support, including interest. 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. * * * * *. 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? Step 5: State your request to terminate child support payments and . The Federal regulations set forth the minimum program standards with which the States must comply. Question 9: Is redirection of payments an appropriate way to handle interstate cases in which the custodial parent moves from one State to another and the obligated parent resides in a third State? lacounty.gov     Customer Contact Center (866) 901-3212     ADA Assistance. Response: No. 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?''. Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. 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. 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. 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). 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)? 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. Response: OCSE has decided not to adopt this suggestion. The reduction in this case closure time frame only applies to those cases where the IV-D agency is unable to make an automated locate effort. For example, the obligor's duty to provide child support survives the death of the obligee. 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 . 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. 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. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. 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. 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. Case Closure Complete Guide 3. 2. 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. 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. 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. CASE CLOSURE OF NON-AFDC APPLICANT CASES. program in establishing paternity and securing support, for which you may be sanctioned. Child support cases do not automatically close when a child turns 18 or emancipates. Click Go to Account Limitations. The Secretary certifies, under 5 U.S.C. Response: This comment will not be incorporated. 3. 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. * * * * *, (iv) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the IV-D agency with the recipient of services; 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. Response: Yes, this recommendation was adopted by including paragraph (b)(12) closures in the sections referenced by paragraph (c), which incorporates a 60 calendar day case closure time frame. The final rule adds a new paragraph, (b)(12) to Sec. 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