Such a case is open and being worked by only one State. This will open the Maintain Case page. 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. Question 28: May a State which imposes fees in accordance with Federal regulations, or has elected in its IV-D State plan to recover costs from non-AFDC individuals who are receiving services under 302.33(a)(1)(i) (an applicant for IV-D services) or 302.33(1)(iii) (a former recipient of AFDC, title IV-E foster care, or non-AFDC Medicaid), close a case if a non-AFDC individual subject to a fee or cost recovery fails to pay the State the fee or the costs that have been billed to the family? RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. Click on Submit a Question and send your questions or information. In other words, when the IV-D agency is unable to contact the non-IV-A recipient of services during a 60 calendar day period, the IV-D agency may not automatically close that case without first complying with the requirement in paragraph (c) by providing the recipient of services 60 calendar days to respond to a written notice of the State's intent to close the case. Description of Regulatory Provisions---Sec. 302.33(a)(1) (i) or (iii), the IV-D agency is unable to contact the recipient of services within a 60 calendar day period despite an attempt of at least one letter sent by first class mail to the last known address; Closing a case when the initiating state has closed its case 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 knows certain facts that make the case eligible for case closure. 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). State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. If this is the address of the IV-A agency, the notice should be sent there. Nevertheless, notice to both parents is not precluded. 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. (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; A PPS may request Genetic Testing to determine if he is the biological father of the child and may ask the court to decide the amount of child support. Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. 3. Person Receiving Support (PRS): Parent or legal caretaker who the child lives with most of the time. 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. Gather as much information as possible. The removal of (b)(2) necessitates that paragraphs (b)(3) and (b)(4) be redesignated as paragraphs (b)(2) and (b)(3). 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. Child Support Services Division Office Hours Monday to Friday, 8:15 am to 4:45 pm, except District holidays Connect With Us 400 6th Street, NW, Suite 8300, Washington, DC 20001 Phone: (202) 442-9900 TTY: 711 Email: cssdcustomerservice@dc.gov Ask the Director Agency Performance Language Support - CSSD - A + A Listen Opening a Child Support Case 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. As we stated in response to similar questions in OCSE-PIQ-91-02 and OCSE-PIQ-90-08, the IV-D agency would have to attempt to locate the noncustodial parent using all appropriate locate resources, as required under 303.3(b). For the food stamp program, the State agency responsible for administering that program is also responsible for determining good cause. 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). According to 45 CFR 303.11(c), the responding State must notify the initiating State in writing 60 calendar days prior to closure of the State's intent. As currently drafted, the paragraph (c) notice of case closure may be sent by either first class or certified mail. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. Paragraph (b)(3)(iv) allows a case to be closed when the identity of the biological father is unknown, and cannot be identified after diligent efforts, including at least one interview by the Title IV-D agency with the recipient of services. Response: As we stated in OCSE-PIQ-92-09, the final regulations published in the Federal Register on August 4, 1989 (54 FR 32284 at 32306) state that we received many comments by States and other organizations who requested that non-cooperation by the custodial parent (failure to attend hearings, refusal to sign forms, etc.) Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. 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). This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. There are no case closure criteria which permit the unilateral closure of a IV-D case by the IV-D agency because the IV-D recipient has retained private counsel. Having an order from a judge for child support to be paid does not automatically open a child support case. 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. a. Paragraph (b)(1) is revised and paragraph (b)(2) is removed to read as follows: Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. A PRS who is not receiving aid ("welfare") can close his or her case at any time. If the next appropriate action in the case was the establishment of a final order, then the case could not be closed. Response: It is not necessary for a State to change the terminology within its local forms to comply with such changes OCSE is making in this final rule. L. 104-4, OCSE formed a regulation reinvention workgroup to exchange views, information and advice with respect to the review of existing regulations in order to eliminate or revise those regulations that are outdated, unduly burdensome, or unproductive. It is a compilation of questions and responses, some of which have previously appeared in written policy interpretations issued by OCSE. Response: This standard of review, as to when an action is "essential'' for taking the next step in a IV-AD case, is not new. 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. 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. If you are a recipient of Medicaid benefits, your continued cooperation with the child support enforcement program is a prerequisite to your ongoing eligibility to receive Medicaid. 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. In order to actually close the case, the State IV-D agency must send the letter required by paragraph (c) notifying the service recipient of the intent to close the case. PPS: Person Paying Support - Parent who the child does not live with most of the time. (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. States are required to comply with Federal locate requirements in 45 CFR 303.3 and to make a serious and meaningful attempt to identify the biological father (or any individual sought by the IV-D agency.). For these reasons, OCSE has decided not to adopt this recommendation. Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. 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.'' 2. A child support agency may take increasing enforcement action, usually starting with . There will be two other parties to your SAPCR- the other parent as well as the Attorney General of Texas. 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. In cases in which paternity has not been established prior to termination of AFDC eligibility, no support order would exist. However, the case closure criteria, at 303.11(b)(11) does not apply in non-AFDC Medicaid cases. However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. Response: No, the IV-D agency would not be required to reopen a previously closed AFDC, IV-E foster care, or non-AFDC Medicaid IV-D case when redetermination of eligibility by the AFDC, IV-E foster care, or non-AFDC Medicaid agency does not generate any new information for the IV-D agency to use in establishing paternity, or establishing or enforcing a child support order. 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. Read: Third COVID-19 testing site opens in Orange County as Florida reports almost 47K new cases As of 8 a.m., a WFTV news crew near the scene reported slow-moving traffic in the southbound lanes . Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. 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. Find a Local Office. Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. In the case of the food stamp program, the Act. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. 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)? Closure When Wyoming is the Initiating State, the case worker will request the Responding State close its case when: The case meets federal closure criteria as detailed in Chapter 12 Closure; or The non-custodial parent is located in another state. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 45 CFR Part 303 Another commenter objected that this term was too broad and recommended that the term "custodial parent'' be retained. 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