your case is initiating closure child support

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303.11(b)(4) allows the IV-D agency to close cases in one year when the location of the noncustodial parent is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent, and insufficient information exists to allow the agency to conduct automated locate efforts. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. 6. Process fees do not come to the department, and money is not eligible for a refund. The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). 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. This will open the Case Closure page. OCSE Central Office coordinates the EVS program with the Social Security Administration. 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. When the court or administrative authority hears and decides factual and legal issues of the case, the parent's interests and concerns, in addition to the child's best interests, may bear on determinations with respect to the case. For this reason, the case must remain open unless the family instructs the IV-D agency that it no longer desires services. Using Proper Case Closure Codes . 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. Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. 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. The requirements and time frames of Sec. The Florida Department of Revenue monitors child support cases for compliance and will review the award periodically based on incomes of the parents. The IV-D agency also must send the former AFDC recipient the notice, required under 302.33(a)(4), that IV-D services will be continued unless the IV-D agency is advised to the contrary by the family. 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. Nevertheless, notice to both parents is not precluded. 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). However, as in the case of an uncooperative AFDC recipient, the IV-D agency may not close the IV-D case because the non-AFDC Medicaid recipient is uncooperative in establishing paternity. Response: No. 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. 303.11(b), cannot be closed pursuant to paragraph (b)(1) simply because it has been deemed a low collection potential case. When a case does not fall within one of the case closure criteria set forth at 303.11(b), it must remain open and be worked by the IV-D agency. L. 96-354), that this final rule will not result in a significant impact on a substantial number of small entities. PDF INDIANA DEPARTMENT OF CHILD SERVICES TITLE IV-D POLICY MANUAL Chapter . This paragraph also allows the IV-D agencies to close cases after three years where the noncustodial parent's location is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent when there is sufficient information to. Case Closure - State of Utah Office of Recovery Services The State requesting the information must comply with the location timeframes established in 303.3(b)(3). This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. 1. The preamble to the final rule did not explain every factual situation that might present itself as potentially eligible for case closure. As previously stated in the preamble to the NPRM for this rule, the trend is moving toward a reduction in the mailing standard. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. Gather as much information as possible. Another commenter offered a related suggestion. When a child is born to unmarried parents, the child does not have the same rights for access to benefits as a child born to married parents. Response: A State is free to continue the requirement that at least one attempt to contact the service recipient be conducted by certified mail. 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. Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. 45 CFR 303.11 - Case closure criteria. | CFR | US Law | LII / Legal 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. Until the family receiving continued IV-D services requests the State to close the case, the case must remain open, without any application or application fee. Answer: OCSE is currently reviewing the case closure authority under 45 CFR 303.11 to permit a responding State to close a case when an initiating State does not provide the requested information needed by the responding State to proceed with the next appropriate action. The family may have no other mailing address through which it could receive notice of case closure. What should I do if the parent paying support moves away? 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. The following examples of such fact patterns were received: when the obligor, obligee or child has died; when the obligor's duty to support the child has been terminated by a court; when the obligor and obligee reconcile; and when the child leaves a IV-E funded foster care placement. * * * * *, (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. Enforcing a Child Support Order can be implemented in various ways, depending on an individuals specific circumstances. Also, the Courts and the Child Support Program have the power to order that support continue when the child is 18, 19, and 20 years old if the child is attending school according to legal standards. Ask a lawyer - it's free! In preparing the notice of proposed rulemaking, we also consulted with several advocates and other interested parties and stakeholders, including custodial parents and groups advocating on their behalf, to discuss their concerns with the IV-D Directors' Association recommendations and about the case closure criteria in general. 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. 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. 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. In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. Comment: One commenter requested a clarification of the term "regular'' attempts to locate. Comment: One commenter asks if paragraph (b)(4)'s use of the term "noncustodial parent's location is unknown'' means the physical address and the location of any assets attributable to the noncustodial parent? Direct your comments to the Commissioner only, not the other parent. 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). Child Support Program Policy Manual - 12.F Case Closure Checklist - Wyoming This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). It is meant to be illustrative and is not intended to be exhaustive. 4. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. In addition, some IV-D actions (e.g., paternity establishment, Federal and State income tax refund offset process) may be possible while the noncustodial parent is incarcerated. In some of these cases, the responding State may have been unable to locate the noncustodial parent, or may have located him or her in another State. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. As noted above, one State responded to the NPRM with the request that they be. This final rule revises Sec. 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. Anyone may apply for IV-D services. 5. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. two-state cases: "Initiating agency means a State or Tribal IV-D agency or an agency in a country, as defined in this rule, in . (b) * * * * * * * *, (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; Comment: One commenter requested the final rule include a definition of the term "good cause.''. This is the date the first child support and/or, past-due child support is due after the order information is entered into our computer system. Although the IV-D agency closes a case, the support order remains in effect and arrearages continue to accrue for the life of the order. That is, a case may be closed under the authority of this subparagraph only when, after diligent efforts (including at least one interview by the IV-D agency with the recipient of services), the name of the biological father remains unknown. Comment: Two commenters objected to the incorporation of the term "recipient of services'' into the case closure regulation. In addition, this final rule is intended to provide program guidance well into the future. 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. Please complete the online application. As indicated previously in response to question six, the case closure by a responding State at the request of an initiating State or case closure based on any of the criteria at 303.11(b) does not affect the status of the IV-D case in the initiating State. What exactly does evaluation of closure of childsupport mean? 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. Under this provision, the IV-D agency cannot open a IV-D case on behalf of a non-AFDC individual who applies for services under 302.33(a)(1)(i) unless that individual has paid the application fee in cases where the State does not pay the fee. 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? 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). Approved: November 30, 1998. Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. 6. States must indicate in the case record when the status of the case changes. Question 12: Must IV-D agencies reopen previously closed public assistance IV-D cases at the time of periodic redetermination of eligibility for public assistance if there is no new information which could help lead to establishment of paternity, or establishment or enforcement of child support order? IX.This section describes cases where the noncustodial parent applies for IV-D services. However, for purposes of this paragraph the data elements required for an automated locate effort are simply the individual's name and social security number. The IV-D agency must notify the Medicaid agency of the refusal to cooperate. Question 20: May a non-AFDC IV-D case be closed when the IV-D agency has attempted to contact the custodial parent repeatedly without success? c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: 1. 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? Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? Interstate Case Closure . * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: All child support orders are paid through an IWO, also known as a wage assignment. 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. 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: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. 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. 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. 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. 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. Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). The error occurs in the section "Comments to Paragraph 303.11(b)(2)", in the response to comment one. 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. How A Child Support Case Works | CA Child Support Services The commenter was questioning whether this term meant more than a name. If, under the circumstances described, the support obligation cannot be enforced at the present time, the IV-D agency should, in accordance with 303.3(b)(5), repeat attempts to locate any sources of income or assets. 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. 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. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. 1. 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. RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. NONCUSTODIAL PARENT APPLICANTS FOR IV-D SERVICES. Response: As we stated in response to similar questions in OCSE-PIQ-91-02 and OCSE-PIQ-90-05, Federal policy distinguishes between cases in which the incoming locate request is made directly to a State's parent locator service by another State (i.e., "quick locate," as described in OCSE-AT-91-09) from those cases in which the request is received through the responding State's central registry as an interstate referral. 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. Since the criteria is the same for both subsections, the distinction is unnecessary. 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. Response: Under the IV-D program, the State is not required to open a case under these circumstances and this individual is not entitled to receive IV-D services because the obligation to provide support did not arise until after the child became emancipated. This rule does not contain information collection provisions subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. As explained previously in the response to question 12, under the facts presented, there is no support order, and subsequently no assignment to the State of arrearages which accrued under a support order. 2. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. to issue a notice to an address they know to be obsolete. 1. The case must remain open for at least three years and the State must make regular attempts using multiple sources to locate the noncustodial parent, all of which are unsuccessful, before it may be closed pursuant to 303.11(b)(5). 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. 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. Click on the Cases tab. If you have questions about modification, please contact a child support professional by email from withinCustomer Connect or by phone at (866) 901-3212. 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: For purposes of paragraph (b)(4), the term "noncustodial parent's location'' means the resident or employment address of the noncustodial parent. In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. For example, some entities identify individuals by name and date of birth. Cmo me inscribo para recibir depsito directo? Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. Response: As we stated in OCSE-PIQ-92-04, case closure regulations are not meant to restrict the right to request closure only to custodial parents, if the applicant for services was not the custodial parent. This section provides guidance on interstate case closure situations. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. Such a case is open and being worked by only one State. 1 attorney answer. 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. In fact, in some of these situations, it may not be appropriate to close the case, let alone send the notice of case closure. 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. 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. BACKGROUND: Since publication of regulations governing standards for program operations (54 FR 32284, August 4, 1989, as disseminated in OCSE Action Transmittal 89-15 on the same date), we have received numerous requests for clarification of the case closure criteria listed at 45 CFR 303.11(b). The authority citation for Part 303 continues to read as follows: Authority: 42 U.S.C. a. Paragraph (b)(1) is revised and paragraph (b)(2) is removed to read as follows: 303.7 are to be used by the responding State in making this determination. 1. (Espaol). AGENCY: Office of Child Support Enforcement (OCSE), Administration for Children and Families, HHS. Office of Child support Enforcement ( OCSE ), Administration for Children and families, your case is initiating closure child support is moving toward reduction... Closure by responding with the Social Security Administration periodically based on incomes of term! That this final rule is not intended to be obsolete and date of birth unless... 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