However, for clarity and consistency with terminology used in paragraph (b)(3)(iv), we have replaced "regular attempts'' with "diligent efforts'', and added a cross reference to locate regulations at 45 CFR 303.3. Also, since States must meet Federal location requirements set forth in 45 CFR 303.3, diligent efforts to obtain the data elements critical for an automated search must occur and be unsuccessful before a State may consider closing the case using criteria in paragraph (b)(4). 1. Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). Should the custodial parent request case closure, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests closure and there is no assignment to the State of arrearages which accrued under a support order. 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. * * * * *, h. Paragraph (b)(12) is added to read as follows: (2) DCS mails a notice of intent to close by regular mail to the last known address of the custodial parent (CP) and the . 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. Comment: Two commenters responded to the NPRM by asking that paragraph (c) exempt a number of factual situations from the requirement that a notice of case closure be sent. EFFECTIVE DATE: The final rule is effective: April 9, 1999. 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. (10) In a non-IV-A case receiving services under Sec. * * * * *, (d) The IV-D agency must retain all records for cases closed pursuant to this section for a minimum of three years, in accordance with 45 CFR part 74. What Happens if Child Support Isn't Paid. If the responding State is unable to take further action without additional information or assistance and, as provided in the preamble to the final rule on case closure (64 FR 11810, 11816), it has so notified the initiating State consistent with 45 CFR 303.7(c)(4)(ii), the responding State may take steps to close the case on its own. The preamble to the final rule did not explain every factual situation that might present itself as potentially eligible for case closure. Person Receiving Support (PRS): Parent or legal caretaker who the child lives with most of the time. X.This section illustrates a variety of miscellaneous case closure situations. 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. 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. Response: No. 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. Response: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. Section 303.11(b)(11) provides that a non-AFDC case receiving services under 302.33(a)(1)(i) (an applicant for IV-D services), or 302.33(a)(1)(iii) (former AFDC, former IV-E foster care, or former Medicaid recipient), may be closed, if the IV-D agency is unable to contact the custodial parent within a 30-calendar-day period despite attempts by both phone and at least one certified letter. Q. Should the recipient of services provide additional information that allows the State IV-D agency to locate the noncustodial parent, the case will remain open. 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). In general, an Answer can be used to ask for genetic testing or a chance to go to court about the amount of child support. Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. Use of Federal Child Support Case Closure Regulations 2 OEI 06-00-00470 . If you complete the required steps and we ask you for more information by email, please respond as soon as possible so we can get things resolved. 2. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. 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. This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. 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. Secretary, Department of Health and Human Services. CASE CLOSURE OF NON-AFDC APPLICANT CASES. A parent does not have to pay current child support for an emancipated minor. This section provides guidance on interstate case closure situations. 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). 99-5831 Filed 3-9-99; 8:45 am] In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. For these reasons, OCSE has determined that a regular first class mailing is appropriate for the purposes of paragraph (b)(10). In redesignated paragraphs (b)(8), (b)(10) and (b)(11) the term "custodial parent'' is revised to read "recipient of services'' to reflect that Title IV-D child support enforcement services may be requested by either the custodial or noncustodial parent. Money is often cited as the No. 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. Paragraph (b)(12) allows a case to be closed when "the IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services.'' . 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. In order for a case to be eligible for closure under this authority there are three requirements. 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. Administration for Children and Families Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. IX.This section describes cases where the noncustodial parent applies for IV-D services. We must emphasize, however, that when a case changes status for the purposes of statistical reporting on OCSE-156 and OCSE-158 forms, it would not be closed for purposes of 303.11 unless one of the case closure criteria under 303.11(b) was also met. This second letter is separate from the letter of contact described in paragraph (b)(10). If location attempts under 303.3(b)(1), (2), and (3) are unsuccessful, the responding State should so inform the initiating State IV-D agency and request any additional information that may help in the location effort, as set forth in 303.3(b)(5). State law governs the particular circumstances and duration for which a temporary child support order is enforceable. The rule makes technical changes to 45 CFR 303.11, Case Closure criteria. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . Thirty-one individuals or organizations provided comments to the proposed rule. 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). VI. Therefore, the IV-D interview of the recipient of services need not be a face-to-face interview, but may be conducted via the telephone, when appropriate. If, in these instances, the initiating State failed to respond to the responding State's request for case closure, the responding State was obligated to leave the case open in its system. May the IV-D agency close the IV-D case? You should also give details about the payments, such as the amount and payment dates. This final rule revises Sec. However, in interstate location requests, responding States are not required to conduct the quarterly repeat location attempts as specified in 303.3(b)(5). 3507(d)). 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). INQUIRIES TO: OCSE Regional Representatives, ___________________________David Gray Ross At Sec. 1. Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. Previously, the only distinction between paragraphs (b)(1) and (b)(2) was whether the child had reached the age of majority. * * * * *, (b) * * * 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. 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. 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. 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. 303.7 are to be used by the responding State in making this determination. 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. Question 23: Does the use of the term "custodial parent" in 303.11(b)(9) or any other regulation that specifically refers to services or rights of the custodial parent actually mean any applicant/recipient of IV-D services? Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. 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. The fact that a case is closed has noimpact on the underlying orders for support. Comment: One commenter requested that the final rule 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. 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. Response: A State may close a case if it meets one or more of the requirements specified at 303.11. 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). 45 CFR Part 303 The closure of your child support case may affect your Medicaid coverage . 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)? 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. of Revenue. Otherwise the case must remain open until the three-year time period has expired. 1 thing divorcing couples fight over. The final rule balances good case management and workable administrative decisions with providing needed services, always erring in favor of including any case in which there is any chance of success. Accordingly, paragraph (b)(2) is removed. For that reason, if the child dies before paternity is established in an AFDC paternity case, the IV-D agency may close the case for that child. 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. When a case is closed it means that CSSD will no longer provide services for that case. 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. 3. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. wage withholding). Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. L. 96-354), that this final rule will not result in a significant impact on a substantial number of small entities. The fact that a case is closed has no impact on the underlying orders for support. Comment: One commenter recommended that OCSE consider a "soft closure'' case type, for use in removing certain cases (low collection potential or where payments are legally being made directly to the family outside of the IV-D program) from the State's open case count. 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. Emancipate: Refers to legal emancipation, which frees a minor child (under 18) from the parents control if the minor marries, joins the armed forces, or gets a court order of emancipation. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. It may also be possible to close the case, under 303.11(b)(11), if the IV-D agency is unable to contact the custodial parent within a 30-day period despite attempts by both phone and at least one certified letter, or under 303.11(b)(12), if the IV-D agency documents the circumstances of the custodial parent's non-cooperation and an action by the custodial parent is essential for the next step in providing IV-D services. Question 13: If the IV-D agency fails to notify the family of the continuation of IV-D services at the time of discontinuation of public assistance, but later does send the letter of intent to close the IV-D case and receives no response from the custodial parent within the 60-calendar-day timeframe, has the requirement for notifying the family of continuation of services been met, in addition to notifying the family of the intent to close the case? For more information on Process Of Initiating Child Support, an initial consultation is your next best step. 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