";s:4:"text";s:19556:"Case Closure Matrix How It Works 1. Otherwise the case must remain open until the three-year time period has expired. A child support agency may take increasing enforcement action, usually starting with . 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. Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. Federal law allows the child support agency to close a child support case under certain conditions. 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. As we stated in OCSE-PIQ-91-02 and OCSE-PIQ-91-14, the case closure criteria enumerated in 303.11(b) do not allow the IV-D agency to close the IV-D case when the AFDC custodial parent refuses to cooperate and is removed from the AFDC grant. Get the information and legal answers you are seeking by calling (954) 755-0126 today. File: Submitting paperwork to the court clerk. Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. * * * * *. 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 (1) all children on the application have reached the age of majority and none is an adult with disabilities, with an established child support order; 5 & 6 (2) the child is deceased; or (3) the child is a minor, who no longer resides with the CP. Customer Online Services Portal. 4. Case Closure Complete Guide 3. allowed to continue to use certified mailings for their case closure notices. 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. 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. Arrears: Past-due unpaid support, including interest. 6. This section provides guidance on interstate case closure situations. 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. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). 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. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. The Child Support Process Open A Case Parentage Establishment Court Payments Enforcement Modify Your Case Close Your Case Important: All printed applications must be signed in blue or black ink. 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. Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. As explained in the preamble to the final rule, the basic premise for development of case closure criteria was to establish clear and concise standards which preclude premature or inappropriate closing of cases, and to identify specific areas where case closure is permitted. The preamble to the final rule did not explain every factual situation that might present itself as potentially eligible for case closure. 1 thing divorcing couples fight over. One example which would not meet the condition for case closure under section 303.11(b)(12) involves direct withholding under the Uniform Interstate Family Support Act. 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. 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. 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. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . Click Go to Account Limitations. 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. regulations, and opportunities for improvement. Response: As we stated in OCSE-PIQ-91-02, when a former AFDC recipient refuses continued IV-D services, the case would remain open as an AFDC arrears-only IV-D case, for purposes of collecting any arrearages due under a court or administrative order which are assigned to the State. 6. In New York City, the Human Resources Administration's Office of Child Support Services manages the child support program, and the New York City Law Department handles interstate child support cases on its behalf. The other State is being contacted for the limited purpose of location. (b) In order to be eligible for closure, the case must meet at least one of the following criteria: MiCSES Reason Code MiCSES Description Manual Automatic 60-Day Notice Case closure is one of eight required categories States must assess. To find out if your case may be transferred, contact your current CSEA. For purposes of the OCSE-156 and 158, the case would be switched from the prior status to a new status. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. 303.11. NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. Gather as much information as possible. 1. Administration for Children and Families Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? 5. 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. 4. Title IV, Part D of the Social Security Act (42 U.S.C. 303.7 apply and will drive the decision as to whether or not an initiating State has failed to take an action that is essential to the next step in providing 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. 1. Approved: November 30, 1998. 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. The requirements and time frames of Sec. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. 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. By waiting an additional 60 calendar days, a State will be able to save itself the time and trouble of closing and then reopening a great number of cases. 1. Question 8: If the custodial parent moves from one State (State A) to another State (State B) and the noncustodial parent resides in a third State (State C), what are the responsibilities of State A to provide IV-D services under Federal regulations? 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. Response: Under sections 408(a)(2) and 454(29)(A) of the Act, the State's IV-D agency is responsible for making the determination as to whether or not a TANF recipient is cooperating with the IV-D agency. If the IV-D agency knows the name of the biological father but cannot proceed because it does not have any additional information to locate this individual, then the case would be eligible for closure under the authority of subparagraph (b)(4)(ii). 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). 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). However, requiring that recipients of IV-D services notify the IV-D agency of the involvement of private counsel is appropriate, in order to prevent duplication of effort and to maximize the effectiveness of actions taken through coordinated efforts. 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.'' Response: The reasoning behind the paragraph (c) requirement that the recipient of services receive notice of the case closure is based upon the duty of the IV-D agency to keep the recipient of services informed of the actions undertaken on his/her child support case. f. Newly redesignated paragraph (b)(9) is revised to read as follows: Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. Serve: Deliver legal paperwork to a party. 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). [ 81 FR 93564, Dec. 20, 2016, as amended at 85 FR 35207, June 9, 2020] 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. 6/22) Federal IV-D Case Closure Criteria (45 CFR 303.11) (a) The IV-D agency shall establish a system for case closure. If the case is closed, the former recipient of services may request at a later date that the case be reopened if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of an order by completing a new application for IV-D services and paying any applicable application fee. The final rule adds a new paragraph, (b)(12) to Sec. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. 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. Order: A command of the court that decides an issue or directs action. Question 10: In an AFDC paternity case, the custodial parent has not cooperated. Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. 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. . CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. In addition, Sec. Dated: October 21, 1998. Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. OCSE is addressing the continuation of services issue in IV-E cases in another rulemaking activity. 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. States must indicate in the case record when the status of the case changes. Response: No. The 60 calendar day time frame has worked well for the past ten years and, at this time, OCSE does not believe that it would be appropriate to reduce it to 30 days. 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? 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). The fact that a case is closed has noimpact on the underlying orders for support. Your case may be eligible to be transferred to a child support enforcement agency (CSEA) in another county, depending on specific facts and circumstances. 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). 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. Federal self-assessment regulations require that at least 90 Comment: Two commenters observed that section 454(29) of the Act exempts a public assistance recipient from the requirement to cooperate with the IV-D program for good cause "and other exceptions.'' Regulations at 42 CFR 433.147 and 433.148 require the Medicaid agency to determine whether the non-AFDC Medicaid recipient had good cause for failure to cooperate and whether the IV-D agency may continue to attempt to establish paternity and secure support without the cooperation of the non-AFDC Medicaid recipient, under 302.31(b) and (c). 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. Because of this directive OCSE is unable to adopt the suggestion of this commenter. FOR FURTHER INFORMATION CONTACT: Betsy Matheson, Director, Division for Policy and Planning, Office of Child Support Enforcement, 202-401-9386. Click here for step-by-step instructions **. 7. 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. The primary impact is on State governments. 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. For example, some entities identify individuals by name and date of birth. Paragraph (c) is revised to incorporate the renumbering of paragraph (b). 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? Response: OCSE concurs with both of these suggestions. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. DATES: Consideration will be given to comments received by April 27, 1998. Response: OCSE has decided not to adopt this suggestion. 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). The IV-D agency should periodically monitor the noncustodial parent's status to ascertain the expected release date, and take appropriate action at such time. For these reasons OCSE decided not to adopt this recommendation. (Catalog of Federal Domestic Assistance Programs No. Get the latest versions of Adobe Acrobat Reader from the Downloads and Plug-ins page. Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). 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. 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). For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. The case must be kept open if the recipient of services or the initiating State supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order, or, in the instance of paragraph (b)(10) of this section, if contact is reestablished with the recipient of services. [FR Doc. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. 1. In fact, this standard has been in existence since 1989, when the Federal case closure regulation was originally promulgated and remains the basis for case closure under former paragraph (b)(12)/new paragraph (b)(11). Comment: One commenter objected to paragraph (b)(4) on the basis that it assumes a level of State automation which does not currently exist. Modification: A court-ordered change to an order, e.g., the amount of current child support ordered may be modified up or down. 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? ";s:7:"keyword";s:45:"your case is initiating closure child support";s:5:"links";s:649:"Eagle Oaks Country Club Initiation Fee,
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