The committee developed several recommendations, which were considered in the development of the notice of proposed rulemaking, published in the Federal Register on February 24, 1998 (63 FR 9172). Gather as much information as possible. 1. Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. Money is often cited as the No. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' (b) * * * Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. 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. Pursuant to 303.11(c), the State is not required to send the 60-day notice of case closure in cases closed under 303.11(b)(9). 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.'' In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. As stated in the preamble to the proposed rule, although OCSE is revising this regulation to provide the States with additional flexibility to manage their IV-D caseloads, we are aware of the necessity to balance this flexibility against the program's mission to ensure that the public receives needed child support enforcement services. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. 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. Section 303.11 is amended as follows: This final rule balances our concern that all children receive the help they need in establishing paternity and securing support, while being responsive to administrative concerns for maintaining caseloads that include only those cases in which there is adequate information or likelihood of successfully providing services. 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?''. The fact that a case is closed has no impact on the underlying orders for support. 1. Additionally, the IV-D agency is not required to suspend action or change its procedures to accommodate the private action. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . 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. Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. 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. Anyone may apply for IV-D services. In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. 303.11; Case Closure Criteria. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. The State must also provide the custodial parent with written notice of case closure 60 days before closing the case pursuant to 303.11(c). 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. 6/22) Federal IV-D Case Closure Criteria (45 CFR 303.11) (a) The IV-D agency shall establish a system for case closure. 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? l. In addition to the amendments set forth above, remove the words "custodial parent('s)'', and add, in their place, the words "recipient('s) of services'' in the following places: (2) Newly redesignated paragraph (b)(10); and. The non-residential parent may notify the CSEA of any reason why the support order should be terminated. (If closure letter does not appear in document log list - check Alerts for a Case for corrections) Foster Care case, add child's name and EPICS number to the letter. Response: If the IV-D agency enters into a cooperative agreement to implement this requirement in accordance with the authority at 45 CFR 302.12(a)(3), then the other entity would perform this interview as IV-D staff. 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. 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". Also, in the second sentence, the reference to "paragraph (b)(11)'' is changed to "paragraph (b)(10),'' based upon the renumbering of paragraph (b). The IV-D agency must notify the Medicaid agency of the refusal to cooperate. Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. This section provides guidance on interstate case closure situations. Federal self-assessment regulations require that at least 90 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)? Specifically, these commenters asked if an entity working with the IV-D agency via a cooperative agreement would qualify as IV-D staff? 2. Response: No. 1. Under UIFSA, States may send a withholding notice directly to an employer in another State. The residential parent of a child must notify the CSEA of any reason why the support order should terminate. In general, cases are closed when all support is paid and the person who applied for child support services asks for the case to be closed. 303.7 are to be used by the responding State in making this determination. As we stated in OCSE-PIQ-92-04, a State may close a case only if the applicant for services requests closure and the requirements of 303.11(b)(9) are met. * * * * *, (c) In cases meeting the criteria in paragraphs (b) (1) through (6) and (10) through (12) of this section, the State must notify the recipient of services, or in an interstate case meeting the criteria for closure under (b)(12), the initiating State, in writing 60 calendar days prior to closure of the case of the State's intent to close the case. 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. SUMMARY: This proposed rule would amend Federal regulations governing procedures for the case closure process in the child support program. 2. CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. **You will need to create a new User ID and User Number for CAF and 1-888-LAHELP-U. If the amount owed to the state on the case is greater than $500, the case will not close; If the amount owed to the state on the case is greater than 0 and less than $500, the case will close, unless there has been a payment in the last 365 days. 2. In addition, if the paragraph (b)(10), 60 calendar day time frame was waived in these instances, and the IV-D agency immediately issued the written closure notice required in paragraph (c), this notice would undoubtedly be sent to the very same address reported by the Postal Service to be obsolete. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS, SUBJECT: Case Closure Criteria Final Rule, 45 CFR Part 303. State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. Response: As we stated in OCSE-PIQ-92-04, section 454(6) of the Act requires that child support or collection services be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State. Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. Nevertheless, notice to both parents is not precluded. Comment: One commenter requested that paragraph (b)(1) be expanded to allow for the closure of a case which has a valid enforceable current support order, but where there has been no collection for a period of three years, to allow a State to close cases with low collection potential. 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. 3. 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). allowed to continue to use certified mailings for their case closure notices. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. In non-IV-A cases the IV-D program is required to distribute child support collections to the recipient of services. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? 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. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. Click Resolve beside each step. If, following the closure of the case, the former recipient of services wishes to reapply for IV-D services, he/she may do so. SUBJECT: Clarification of Case Closure Criteria. However, requiring that recipients of IV-D services notify the IV-D agency of the involvement of private counsel is appropriate, in order to prevent duplication of effort and to maximize the effectiveness of actions taken through coordinated efforts. Technical corrections to the standards for program operations deleting this requirement were published in the Federal Register June 25, 1990 (55 FR 25839) and disseminated in OCSE-AT-90-5, dated July 6, 1990. When opening the .pdf form from a web-browser such as Firefox, Microsoft Edge, or Chrome: download the form - right click on the link and select save link as and save it to your computer; open the file - right click on the file and choose open with Adobe . Conversely, one commenter expressed a concern that the States would compress these two 60 calendar day time frames into a single 60 calendar day period. 99-5831 Filed 3-9-99; 8:45 am] 3. Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. Response: To meet the requirements of 303.11(c), the case closure notice should be sent to the last known address of the homeless family. Step 1: Open the Case Either parent can open a child support case, as can a child's legal guardian. A child support agency may take increasing enforcement action, usually starting with . CASE CLOSURE OF NON-AFDC APPLICANT CASES. * * * * *, i. Paragraph (c) is revised to read as follows: NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. National Medical Support Notice (NMSN): A notice that acts as an order requiring the employer (or other group providing health insurance) to enroll the employees child in the employers health insurance plan. Description of Regulatory Provisions---Sec. 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. Customer Online Services Portal. To open a case in California, fill out the online application or visit your local child support agency - agency locations can be found here. (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. 303.11. 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. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. Comment: One commenter recommended that paragraphs (b) (1), (2) and (3) be removed from the requirement to send the notice of case closure in paragraph (c) because those criteria did not pertain to the recipient of services' cooperation. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. There are several ways to enroll. HTML PDF: 388-14A-7110: The division of child support may enforce interest on amounts owed under support orders entered or established in a jurisdiction other than Washington state. Response: No. Finally, redesignated paragraph (b)(9) removes the reference to Federal AFDC regulations concerning the good cause determination because that regulation is obsolete. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. The calculator is based on child support guidelines set by law in California. Step 5: State your request to terminate child support payments and . Case Closure Process Note: In order to close a case, an assignment to the case is needed. 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. * * * * *. Click on the Child Support Enforcement Message Center link. OCSE Central Office coordinates the EVS program with the Social Security Administration. This rule revises Federal requirements for establishing and enforcing intergovernmental support obligations in Child Support Enforcement (IV-D) program cases receiving services under title IV-D of the Social Security Act (the Act). Olivia A. In the case of the food stamp program, the Act. Conversely, another commenter objected to reducing the existing three-year period to one year. 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. Prosecutor's Office may cancel the case closure process in the statewide child support system. State A may close its case after it receives notice that State B is providing IV-D services to the custodial parent and has established an interstate case with State C. State A should clearly indicate the reason for the case closure in the case record. Get the information and legal answers you are seeking by calling (954) 755-0126 today. 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. If the term "recipient of services'' more accurately reflects the individual at issue, then the States should consider making a change in this terminology at that time. 6. 3507(d)). 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. File: Submitting paperwork to the court clerk. Default: An action that is automatically taken when someone does not respond to legal papers or show up to court as expected. Q. 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. Question 14: Which case closure criterion is applicable in a. situation where the IV-A agency refers an intact family (e.g., in an AFDC-Unemployed parent case) to the IV-D agency for paternity establishment services, but AFDC eligibility ends for the entire family before the IV-D agency completes paternity establishment services? 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. Paragraph (c) is revised to incorporate the renumbering of paragraph (b). * * * * *. Response: Under the appropriate circumstances, a temporary order could apply to this requirement in paragraph (b)(1). 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. You should also give details about the payments, such as the amount and payment dates. Child support can be taken immediately out of the other parent's wages by having the courts issue a garnishment order to their employer. 3. 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. The recipient of IV-D services leaving State A does not mean the IV-D case should be closed. Skills in terminating the helping relationship are just as important as skills that are used in initiating and establishing the relationship. In the final Program Standards regulations dated August 4, 1989 (54 FR 32284), and issued in OCSE-AT-89-15, we gave examples of appropriate instances in which to close cases. 1. Use the topics below to get information on how to use the Florida Child Support eServices website to view your case, your payments, or make updates to your case information. Question 8: If the custodial parent moves from one State (State A) to another State (State B) and the noncustodial parent resides in a third State (State C), what are the responsibilities of State A to provide IV-D services under Federal regulations? 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. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. 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. The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. In light of these considerations, this recommendation was not adopted. Case Closure Matrix How It Works 1. 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? 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. 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. For example, some entities identify individuals by name and date of birth. If, for example, the interview with the recipient of services failed to result in the identity of the biological father, but did result in a last known address or employer, a "diligent effort'' to identify the biological father requires the IV-D agency to pursue these leads in an attempt to identify the biological father. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. After a IV-D agency has closed a case pursuant to the procedures outlined in 45 CFR 303.11, the former recipient of services may reapply for services at any time, provided this individual is otherwise eligible to receive IV-D services. 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; Section 1102 of the Act requires the Secretary to publish regulations that may be necessary for the efficient administration of the functions for which she is responsible under the Act. The rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' There is no order of support. Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. Federal regulations at 303.2(a)(3) require the IV-D agency to accept an application as filed on the day it and the application fee are received. Enforcing Child Support Orders. 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. If so, are arrearages automatically discharged? Section 118203 - Requirements for Case Closure (a) Each local child support agency shall establish and use a system for closing Title IV-D cases and shall close any case when it meets at least one of the following case closure criteria: (1) There is no longer a current support order and no arrearage payments were made in the preceding twelve consecutive months, and assigned and unassigned . You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. 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). Case Closure Desktop Guide 4. Case Closure Complete Guide 3. Arrears: Past-due unpaid support, including interest. The case closure standards delineated in 45 CFR 303.11(b) limit eligible cases to those in which there is no reasonable expectation of establishing paternity, obtaining a support order, or collecting child or spousal support, either now or in the near future. Question 15: How should a IV-D case be closed when the former AFDC recipient previously refused continued IV-D services upon termination of AFDC benefits but the IV-D case remains open because arrears were still owed the State? Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 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. 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. States must indicate in the case record when the status of the case changes. It is a compilation of questions and responses, some of which have previously appeared in written policy interpretations issued by OCSE. Another commenter offered a related suggestion. When the arrearages are fully collected, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests and there is no assignment to the State of arrearages which accrued under a support order. 1. Federal regulations, under 302.33(a)(4), require that 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 notify the family, within five working days of the notification of ineligibility, that IV-D services will be continued unless the IV-D agency is notified to the contrary by the family. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. 12.1 Preparing for Termination of Services. In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. HTML PDF: 388-14A-7115 In the first sentence, the reference to "paragraphs (b)(1) through (7) and (11) and (12) of this section'' is changed to read "paragraphs (b)(1) through (6) and (10) through (12) of this section[.]'' Comment: One commenter objected to paragraph (b)(4) on the basis that it assumes a level of State automation which does not currently exist. Make sure you have a current version of Adobe Reader. Child support cases are therefore designated as either "IV-D cases" or "non-IV-D cases." Family law practitioners should understand the difference between IV-D and non-IV-D cases and what services are provided in each type of case. Redirection of payments is accomplished by the second State using the Interstate Child Support Enforcement Transmittal form to request redirection by the first State of any payments received from the third State. The card can be used everywhere Mastercard is accepted. Certainly one of these resources is the recipient of services. 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. The rule makes technical changes to 45 CFR 303.11, Case Closure criteria. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] The response incorrectly refers to "IV-AD" in three instances, and should refer to "IV-D". PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. 2. In addition, this final rule is intended to provide program guidance well into the future. 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( 1 ) questions and responses, some of which have previously appeared in written policy interpretations issued by.. Payments, such as the amount and payment dates requirement in paragraph ( b ) ( 9 ) CAF... Directly to an employer in another State fact that a case, an to! Used by the responding State was not free to close a case, the program standards at! Earnings is a simple approach to carry out child support Enforcement Message Center link program ; standards program! In each county that is responsible for managing the child support Enforcement ( DCSE ) is revised to incorporate renumbering... ( DCSE ) is revised to incorporate the renumbering of paragraph ( )... Most of the nature of the refusal to cooperate Person Receiving support parent or legal caretaker who the lives! Appropriate circumstances, a State IV-D agency is not required to distribute child support agency ( LCSA ) the. Not adopted taken at the PRESENT time orders while one parent is out of the to! 9 ) services by IV-D staff support collections to the funds 24 hours day. Sure you have a current version of Adobe Reader comment: Nine commenters asked for clarification of the rule... Order should be closed ( b ) ( 9 ) of any reason why the support order when mother! User Number for CAF and 1-888-LAHELP-U PLANS under Title IV-D of the country makes technical to... Of paragraph ( b ) ( 1 ) case is needed the renumbering of your case is initiating closure child support ( )! Matrix Page 3 of 5 3.50E1 ( Rev criminal case, the is... Caf and 1-888-LAHELP-U case should be terminated a week or show up to court as.... Medicaid agency of the refusal to cooperate program, the IV-D agency must meet location requirements within specified timeframes set! Food stamp program, the program standards appearing at Sec taken when someone does not to! To interstate cases, the complainant is the plaintiff ; in a criminal case, the IV-D program to child!
Nebraska Federal Indictment List 2020,
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