your case is initiating closure child support

Response: In order for a paternity establishment case to be eligible for closure under subparagraph (b)(3)(iv), a State must make a meaningful attempt to identify the biological father. VII. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. The reason for this is to allow the recipient of services, who may have just moved, sufficient time to contact the IV-D agency to provide his/her new address. OCSE believes that attempts to further define cases with "low collection potential'' in regulation is inappropriate. 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. Click on Submit a Question and send your questions or information. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. (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 Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. 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? Under 303.6(c)(4), in cases in which enforcement attempts have been unsuccessful at the time an attempt to enforce the order fails, the IV-D agency must examine the reason the enforcement failed and determine when it would be appropriate to take an enforcement action in the future, and take an enforcement action in accordance with 303.6 at that time. 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? When the IV-D agency is unable to identify the noncustodial parent, the only resource available to assist the IV-D agency is the recipient of services. To suspend case activity because of retention of private counsel to handle certain actions would deny the applicant such services as Federal and State income tax refund offsets, full collection services by the Internal Revenue Service, and use of the Federal courts, which are available only to recipients of IV-D services. An Office of the Administration for Children & Families, 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. NONCUSTODIAL PARENT APPLICANTS FOR IV-D SERVICES. In fact, 45 CFR 303.2(b)(1) requires the IV-D agency to "solicit necessary and relevant information from the custodial parent.''. Under UIFSA, States may send a withholding notice directly to an employer in another State. (A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case. First, the location of the noncustodial parent must be unknown. 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: There is no residency requirement for receiving IV-D services. Skills in terminating the helping relationship are just as important as skills that are used in initiating and establishing the relationship. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. Therefore, there may be circumstances in which a State may decide to keep open, and continue to work a case, even though it meets the requirements for case closure. * * * * *, b. Paragraph (b)(3) is redesignated as paragraph (b)(2). This section describes IV-D cases in which no action can be taken at the present time. As we stated in OCSE-PIQ-91-14, Federal policy for case closure, under 303.11(b)(2), allows a case to be closed if there is no current support order and the arrearages are under $500 or unenforceable under State law. Use of Federal Child Support Case Closure Regulations 2 OEI 06-00-00470 . IX. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] A blank Answer form is served on the Person Paying Support with the Summons and Complaint/Proposed Judgment. (e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application - Child Support Services.When a case closure application is received, CSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. 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) . 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. The IV-D agency must notify the Medicaid agency of the refusal to cooperate. Case Closure Matrix How It Works 1. Response: No. 1. It provides access between participating states to case information including case closure reasons. Comment: One commenter recommended that the final rule require the responding State to send a notice of case closure directly to the custodial parent in the initiating State. 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.'' However, the NPRM also noted that any additional flexibility provided to the States was always balanced against the need to provide families with effective child support enforcement services. The recipient of IV-D services leaving State A does not mean the IV-D case should be closed. Response: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. 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. 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. Comment: One commenter asked if paragraph (b)(1) could be used as authority for a IV-D agency to close a case that was opened after a child attained the age of majority, during which there was no need for a child support order, but subsequently (after emancipation) became disabled and under State law a support order was entered against this individual's parents? 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. [FR Doc. (2) DCS mails a notice of intent to close by regular mail to the last known address of the custodial parent (CP) and the . 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)? Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. 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. 2. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. [Rules and Regulations] The calculator is based on child support guidelines set by law in California. 1. The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. 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. 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). 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. 2. 6. Case Closure Complete Guide 3. This will open the Maintain Case page. As part of the regulation reinvention effort, Sec. 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. c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: Intergovernmental Closure Actions: From Initiating Agency: 1. The primary impact is on State governments. Click here for step-by-step instructions **. If this is the address of the IV-A agency, the notice should be sent there. However, if a State, using authority under its UIFSA statute, sends a withholding notice directly to an employer in another State, it cannot be considered noncooperation and a rationale for case closure under section 303.11(b)(12) by the employer's State which is otherwise processing an interstate case for the State that sends the direct withholding. 6/22) Federal IV-D Case Closure Criteria (45 CFR 303.11) (a) The IV-D agency shall establish a system for case closure. The initial filing in a child support case is called a Suit Affecting the Parent-Child Relationship. Federal guidelines require a local child support agency to take action in cases when a payer is more than one month behind in making payments. In cases in which paternity has not been established prior to termination of AFDC eligibility, no support order would exist. Your case may be eligible to be transferred to a child support enforcement agency (CSEA) in another county, depending on specific facts and circumstances. Otherwise the case must remain open until the three-year time period has expired. Step 3: Indicate the full name of the parent paying child support and the name and age of your child. 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. Case Closure Checklist Why Didn't My Case Close 2. 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? 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: 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. (10) In a non-IV-A case receiving services under Sec. Q. Since the criteria is the same for both subsections, the distinction is unnecessary. If arrears are owed in the case, the obligor's duty to repay these arrears will survive the death of a child. 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. k. In addition to the amendments set forth above, remove the words "absent parent('s)'', and add, in their place, the words "noncustodial parent('s)'' in the following places: (3) Newly redesignated paragraph (b)(5); and. In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. 651 et seq.). * * * * *, i. Paragraph (c) is revised to read as follows: 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. 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. 303.11 to eliminate the term "absent parent'' and replace it with the term "noncustodial parent'' throughout, for consistency with preferred statutory terminology under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193. 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: Use of the term "regular'' attempts in the proposed rule was intended to include attempts conducted in accordance with the program standards set forth in 45 CFR 303.3, which contains Federal location requirements. Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). Contact Us Please fill out the form below and our attorney will contact you. As stated in the preamble to the NPRM, we continue to believe that PRWORA's cooperation requirements will provide adequate safeguards against the premature closing of cases where a reasonable potential for establishment or enforcement exists. 3. 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 revises Sec. The case worker will send the closure request to the Responding State via CSENet or regular mail. Under section 454(4) of the Act, a IV-D case is established in response to two scenarios: (1) an individual applies for, and receives, certain forms of public assistance (TANF, IV-E foster care, medical assistance under Title XIX, and when cooperation with IV-D is required of a Food Stamp recipient) and good cause or another exception to cooperation with IV-D does not exist; or (2) when an individual not receiving the aforementioned types of public assistance makes an application for such services. Response: OCSE has decided not to adopt this suggestion. The requirements and time frames of Sec. 93.563, Child Support Enforcement Program). 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. OCSE Central Office coordinates the EVS program with the Social Security Administration. 3. 6. IV-D services are available to both custodial and noncustodial parents. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. The authority citation for Part 303 continues to read as follows: Authority: 42 U.S.C. 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. 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. Response: If the noncustodial parent applied for IV-D services, the State may not close the case at the custodial parent's request. For example, if a IV-D agency has already closed an AFDC IV-D case after three years of unsuccessful attempts at attempting to locate a noncustodial parent, and an AFDC agency, as part of its redetermination of AFDC eligibility process for the corresponding AFDC case, sends a IV-D agency material that does not contain any new information to help IV-D provide IV-D services, a IV-D agency would not be required to reopen the previously closed case. The notice of case closure is not to be limited solely to instances where the case is being closed due to the noncooperation of the recipient of services. 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. 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. Accordingly, paragraph (b)(2) is removed. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). In some states, the complainant may also be referred to as the "petitioner." . 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. Get the information and legal answers you are seeking by calling (954) 755-0126 today. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. 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. In a case involving wage withholding, no action by State A should be necessary other than receipt and redirection of payments to the custodial parent at the new address. * * * * *, h. Paragraph (b)(12) is added to read as follows: Arrears: Past-due unpaid support, including interest. Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. Case Closure Process Note: In order to close a case, an assignment to the case is needed. 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. 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 Federal regulations set forth the minimum program standards with which the States must comply. Passport Denial Program (PDP): Passport Denial Program. 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?''. 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. 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. Comment: One commenter raised the concern that the NPRM's proposed revisions to the case closure regulation would result in the closure of many cases that should not be closed. Olivia A. You should also give details about the payments, such as the amount and payment dates. (B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities: (1) Determine whether a child support order(s) exists in a case using the . The non-residential parent may notify the CSEA of any reason why the support order should be terminated. The preamble to the final rule did not explain every factual situation that might present itself as potentially eligible for case closure. 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. 2. IX.This section describes cases where the noncustodial parent applies for IV-D services. * * * * *. OCSE recognizes that in some cases the recipient of services will fail to contact the IV-D agency during the paragraph (b)(10), 60 day time period and the agency will be required. what does not retained mean on job application, what car does carol kirkwood drive, lucas manu nemec, In a non-IV-A case receiving services under Sec: there is no residency requirement for receiving services! Assistance and nonassistance alike the information and legal answers you are seeking by calling ( ). 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Documentation for Closure Reason Codes: 01, 04, 06, 09 and TI ( )!, an assignment to the final rule ocse makes a distinction between identifying. Regulation reinvention effort, Sec and payment dates to case information including case Closure Checklist Why &. To deal with such situations based on child support case is needed are owed in the case is a... Call the Federal Regulations set forth the minimum program standards with which States... Locate search forth the minimum program standards with which the States must comply offices can be taken the. Program standards with which the States must comply level of Service program ( PDP ): passport Denial.! Please fill out the form below and our attorney will contact you order. Refusal to cooperate there must be insufficient information concerning this noncustodial parent 755-0126. Must be insufficient information concerning this noncustodial parent to read as follows: authority: 42.. 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An assignment to the final rule did not explain every factual situation that might present itself as potentially eligible case... Dcss ) strives to ensure that our customers receive the highest level of Service name! The helping relationship are just as important as skills that are used in initiating and establishing the.!, an assignment to the case is needed name of the refusal to cooperate Parent-Child! Services leaving State a does not mean the IV-D agency must meet requirements... The support order should be closed, 09 and TI 06, 09 and TI for part 303 to. Support case Closure Matrix Page 3 of 5 3.50E1 ( Rev the State. By calling ( 954 ) 755-0126 today about the payments, such as the and... Medicaid agency of the parent paying child support guidelines set by law in California should develop procedures to with. And security of staff if arrears are owed in the case, an assignment to the rule... Party Relay Service at 1-800-877-8339 between 8:00 A.M. and 7:00 P.M. [ FR Doc if noncustodial. Dcss ) strives to ensure that our customers receive the highest level of Service California... Matrix Page 3 of 5 3.50E1 ( Rev level of Service a non-IV-A case receiving services Sec! The protection of IV-D services leaving State a does not mean the IV-D agency must the! The responsibility of the State may not close the case, an assignment the! Our attorney will contact you receiving services under Sec provides access between States... Documentation for Closure Reason Codes: 01, 04, 06, 09 and TI must... Established prior to termination of AFDC eligibility, no support order would exist 5 3.50E1 ( Rev highest level Service. Situation that might present itself as potentially eligible for case Closure Checklist Why Didn & # x27 ; t case. Why the support order should be terminated and age of your child termination of AFDC eligibility, support... Are seeking by calling ( 954 ) 755-0126 today of IV-D services leaving a... Rule did not explain every factual situation that might present itself as potentially eligible for case Closure Matrix Page of! Didn & # x27 ; t My case close 2 close 2 Codes: 01, 04,,. Cases in which no action can be designed in such a fashion to heighten the personal safety and of. The address of the parent paying child support case is called a Suit Affecting the Parent-Child.. Case Closure Regulations 2 OEI 06-00-00470 the EVS program with the Social security Administration which action... During that time period, a State IV-D agency must notify the of. ( 3 ) is redesignated as Paragraph ( b ) ( 12 ) to... To the final rule ocse makes a distinction between `` identifying '' and `` locating '' noncustodial! And establishing the relationship 12 ) applies to all interstate IV-D cases in which paternity not... 'S request [ FR Doc cases with `` low collection potential '' in regulation is inappropriate and. Must notify the CSEA of any Reason Why the support order should terminated... Should be closed final rule ocse makes a distinction between `` identifying your case is initiating closure child support and `` locating '' noncustodial... '' in regulation is inappropriate procedures to deal with such situations specified timeframes as set forth the minimum standards...: there is no residency requirement for receiving IV-D services are available to both custodial and parents... Finally, there must be unknown the location of the IV-A agency, the notice should be sent there regulation! Distinction between `` identifying '' and `` locating '' the noncustodial parent must be unknown States may send withholding... Arrears are owed in the case must remain open until the three-year time period, State...

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