In cases in which paternity has not been established prior to termination of AFDC eligibility, no support order would exist. Section 303.11(b)(5) permits a IV-D agency to close a case if the "noncustodial parent's location is unknown and the State has made regular attempts using multiple sources to locate the noncustodial parent over a three-year period, all of which have been unsuccessful". The Department has determined that this final rule is not a significant regulatory action within the meaning of the Unfunded Mandates Reform Act of 1995. Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. 303.3, all of which have been unsuccessful, to locate the noncustodial parent: (i) Over a three-year period when there is sufficient information to initiate an automated locate effort, or, (ii) Over a one-year period when there is not sufficient information to initiate an automated locate effort; Question 26: If the custodial parent and child(ren) do not receive public assistance and are unwilling to cooperate in the establishment of paternity and a support obligation based on the request of the non-custodial individual, must the IV-D agency continue to assist with the establishment process? Case Closure Matrix Page 3 of 5 3.50E1 (Rev. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] State law governs the particular circumstances and duration for which a temporary child support order is enforceable. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. In light of these considerations, this recommendation was not adopted. If arrears (past- due support) are owed those arrears must be paid to the PRS. (A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case. Order: A command of the court that decides an issue or directs action. The responding State may close its case file only after the initiating State, or the State where the noncustodial parent is located, acknowledges that it has received the transferred case file from the responding State. Intergovernmental Closure Actions: From Initiating Agency: 1. The primary impact is on State governments. Money is often cited as the No. 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 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. 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. Also, in the second sentence, the reference to "paragraph (b)(11)'' is changed to "paragraph (b)(10),'' based upon the renumbering of paragraph (b). Response: We are unable to adopt this recommendation because it is inconsistent with Federal law. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. A summary of the comments received and our responses follows: 1. 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?''. Default: An action that is automatically taken when someone does not respond to legal papers or show up to court as expected. Comment: One commenter noted the change in terminology from "custodial parent'' to "recipient of services'' and asked if this meant the States needed to change this term on all of their local forms. 4. 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. OCSE believes that attempts to further define cases with "low collection potential'' in regulation is inappropriate. If non-IV-A recipients of services fail to keep the IV-D agency apprised of their current addresses, they effectively deny that agency the ability to provide child support enforcement services to them. 4. CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. Three other commenters offered related recommendations that the final rule clarify that the interstate program standards in 45 CFR 303.7 apply to the application of paragraph (b)(12). Response: No. Each State has laws designed to afford protection to the general public, including civil servants. 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. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. ATTACHMENT: Attached is a final ruleVisit disclaimer page(PDF), published in the Federal Register March 10, 1999 (64 FR 11810) revising Federal regulations outlining criteria for closing child support enforcement cases, in response to the Presidents Memorandum of March 4, 1995, to reduce or eliminate mandated burdens on States, other governmental agencies or the private section. Further, the responding State must notify its central registry regarding where the case has been sent. The circumstances under which a case could be closed include, for example, instances in which legitimate and repeated efforts over time to locate putative fathers or obligors are unsuccessful because of inadequate identifying or location information, or in interstate cases in which the responding State lacks jurisdiction to work a case and the initiating State has not responded to a request for additional information or case closure. 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. If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . This will open the Case Closure page. Another commenter objected that this term was too broad and recommended that the term "custodial parent'' be retained. DCSE offers free family engagement services focusing on access and visitation, responsible parenting, employment services and prisoner reentry. The IV-D agency must notify the Medicaid agency of the refusal to cooperate. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). Comment: Four commenters requested a clarification of the term "sufficient information to initiate an automated locate effort.''. PPS: Person Paying Support - Parent who the child does not live with most of the time. Case Closure Process Note: In order to close a case, an assignment to the case is needed. Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? However, in interstate location requests, responding States are not required to conduct the quarterly repeat location attempts as specified in 303.3(b)(5). Donna E. Shalala, If you are applying for child support services using this website, you can also find information below on how to complete and send your application online using this website. Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. The other State is being contacted for the limited purpose of location. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. * * * * *, (12) The IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services. 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 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. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. Click Resolve beside each step. 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? In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. Section 388-14A-2090 - Who receives notice when DCS closes a case? This does not mean that, at some time in the future, the Department of Revenue might not come after you again for child support. The purpose of the case closure rule is to allow States to close unworkable cases thereby allowing each State to focus its resources on those cases which are workable. 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. DATES: Consideration will be given to comments received by April 27, 1998. 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 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? PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. The response incorrectly refers to "IV-AD" in three instances, and should refer to "IV-D". Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. 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. Child Support Case Managers establish, modify, enforce child support orders and maintain all financial aspects of a child support case by determining and deciding needed action, initiating and authorizing administrative and judicial legal action and preparing cases for hearing. 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