Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). 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. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. f. Newly redesignated paragraph (b)(9) is revised to read as follows: 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. For cases requiring location of the noncustodial parent or his or her income or assets, 303.3(b)(5) specifies that repeat efforts must be made on a quarterly basis or immediately upon receipt of new information. 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. 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. Specifically, section 454B(a)(1)(B) of the Social Security Act (the Act) requires that payment registry services be provided to non-IV-D orders meeting the eligibility criteria. Get the latest versions of Adobe Acrobat Reader from the Downloads and Plug-ins page. As previously stated in the preamble to the NPRM for this rule, the trend is moving toward a reduction in the mailing standard. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. You are supposed to. 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. State governments are not considered small entities under the Act. The fact that a case is closed has noimpact on the underlying orders for support. Question 32: May a IV-D agency adopt a policy of requiring IV-D obligees to request closure of their IV-D cases if and while they have entered into contracts with private collection agencies for collection of child support? Response: There is no residency requirement for receiving IV-D services. As we stated in OCSE-PIQ-92-13, a IV-D agency may not adopt a policy of requiring IV-D obligees to request case closure of their IV-D cases while they have contracts with private collection agencies. Money is often cited as the No. REFERENCES:OCSE-PIQ-90-05,OCSE-PIQ-90-08, OCSE-PIQ-90-09, OCSE-PIQ-91-02, OCSE-PIQ-91-14, OCSE-PIQ-92-04, OCSE-PIQ-92-09, and OCSE-PIQ-92-13. 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. In the former case, the locate request is not considered an interstate referral. Michigan IV-D Child Support Manual Michigan Department of Health and Human Services 3.50 Case Closure June 6, 2022 Page 3 of 70 request that the IV-D case be reopened by reapplying for IV-D services.5 Finally, per federal regulations,6 the IV-D agency must retain all records for closed IV-D cases for a minimum of three years.7 2. IX.This section describes cases where the noncustodial parent applies for IV-D services. 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. (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. Response: Yes, this recommendation was adopted by including paragraph (b)(12) closures in the sections referenced by paragraph (c), which incorporates a 60 calendar day case closure time frame. Response: OCSE has decided not to adopt this suggestion. Further, the responding State must notify its central registry regarding where the case has been sent. Congress made it clear that determinations of good cause were to be "defined, taking into account the best interests of the child, and applied'' by the State agency. 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. You should also give details about the payments, such as the amount and payment dates. * * * * *. Although it is true that PRWORA provides expansive new locate resources to the IV-D community, the fact remains that you must have sufficient identifying information concerning the individual you are trying to locate in order to take advantage of these new locate tools. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. * * * * *. EFFECTIVE DATE: The final rule is effective: April 9, 1999. Comment: Two commenters requested that the final rule clarify that, should a former recipient of services contact the IV-D agency to request child support enforcement services subsequent to the closure of his/her case, then this former recipient of services would be required to complete a new application and pay any applicable application fee. Serve: Deliver legal paperwork to a party. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). 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. Case Closure Desktop Guide 4. Paragraph (c) was also revised to clarify that the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12) must send a notice of case closure to the initiating State. FPLS obtains address and employer information, as well as data on child support cases in . 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. Response: No. An Initiating State is Non-responsive in an Interstate Case Notice Not Required . 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. Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. (2) DCS mails a notice of intent to close by regular mail to the last known address of the custodial parent (CP) and the . This second letter is separate from the letter of contact described in paragraph (b)(10). 1. establishment of child and spousal support orders, 2. enforcement of support and income withholding orders from other states without registration, 3. registration of support orders for enforcement, 4. modification of support orders issued by a Connecticut tribunal, 5. registration of a child support order from another state for modification . The family may have no other mailing address through which it could receive notice of case closure. Approved: November 30, 1998. The division of child support may register an order from a tribe or another state or country for enforcement or modification. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. 605(b), as enacted by the Regulatory Flexibility Act (Pub. For these reasons OCSE decided not to adopt this recommendation. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. Comment: One commenter asked that if the letter sent to the recipient of services in accordance with paragraph (b)(10) is returned to the IV-D agency with a notation by the Postal Service that the addressee has moved and left no forwarding address, is it still necessary to wait 60 calendar days before commencing the case closure process detailed in paragraph (c)? 2. Section 303.11 is amended as follows: Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. However, if the State fails to provide such advance notice of potential case closure or otherwise explain the responsibilities and rights to the former AFDC family, the State may not threaten closure of the IV-D case for failure to return a misdirected child support collection. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. By waiting an additional 60 calendar days, a State will be able to save itself the time and trouble of closing and then reopening a great number of cases. Responding case, use transmittal#2 to other state acknowledging closure as closure letter Give to Supervisor for closure approval and case note CP REQUEST CLOSURE: Yes NA 3. Conversely, another commenter objected to reducing the existing three-year period to one year. Section 388-14A-2090 - Who receives notice when DCS closes a case? 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. At the request of the States, OCSE originally promulgated regulations in 1989 which established criteria for States to follow in determining whether and how to close child support cases. 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. Response: A State may close a case if it meets one or more of the requirements specified at 303.11. 2. Comment: One commenter requested a clarification of the term "regular'' attempts to locate. program in establishing paternity and securing support, for which you may be sanctioned. 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. 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. (f) When CSS staff closes a case, CSS: 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. While it is true that, as of the date of this final rule, not all States have certified statewide automated systems in place, States do have automated locate systems capability and the majority of States have Statewide systems mandated by section 454(16) of the Social Security Act. For example, when the custodial parent and the child(ren) are terminated from AFDC, the IV-D agency would, for purposes of the OCSE-156 and OCSE-158, close the case in AFDC status and re-open the case in non-AFDC status and/or AFDC arrears only status. OCSE Central Office coordinates the EVS program with the Social Security Administration. Response: As we stated in OCSE-PIQ-89-05, the IV-D agency must provide IV-D services to any individual who applies for services, regardless of whether the custodial parent wishes to have the IV-D agency assist in obtaining support, as long as the provision of services is in the best interests of the child. 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. This does not mean that, at some time in the future, the Department of Revenue might not come after you again for child support. * * * * *, i. Paragraph (c) is revised to read as follows: [Rules and Regulations] Since the criteria is the same for both subsections, the distinction is unnecessary. 1. Finally, once a IV-D case is established, it is inappropriate to "change'' the service recipient to another individual who neither received the appropriate form of public assistance nor applied for IV-D services. (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. 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. Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. 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. [FR Doc. 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. Step 3: Indicate the full name of the parent paying child support and the name and age of your child. 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. 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. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. 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). Such a policy or requirement would not meet one of the criteria for case closure set forth at 45 CFR 303.11(b), and is therefore an inappropriate action by the IV-D agency. This group is made up of representatives of Federal, State and local government elected officials and their staffs. 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.). HTML PDF: 388-14A-7115 Order: A command of the court that decides an issue or directs action. If your case was not filed by CSE, a judge will instruct you on how to pay. The language in both the Act and the regulation allow noncustodial parents to apply for IV-D services if they file an application with the IV-D agency, as specified in 302.33(a)(1). Traditionally, interstate case processing goes from a IV-AD agency in one State to a IV-AD agency in another State, which then forwards a withholding order to an employer in its State. Certainly one of these resources is the recipient of services. VIII.This section provides guidance on completing the OCSE reporting forms. Notification to the custodial parent that the custodial parent may be required to reimburse the IV-D agency for any misdirected child support collections received by the custodial parent could be included in the notice to the family regarding continuation of IV-D services. 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. Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. 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. You can ask for a Child Support Review below: Child Support Enforcement, Request for Support Order Review In your case, the reason for the changed circumstances is that your child has reached the age of majority (age 18 in Florida). In 303.11(b)(9) then, the State IV-D agency may close a case if requested by the individual who applied for IV-D services under 302.33, and there is no assignment to the State of medical support under 42 CFR 433.146 or of arrearages which accrued under a support order. The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. Direct Deposit: You can have the payments automatically deposited into a checking or savings account. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. 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? 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. * * * * *, (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; Child support can be taken immediately out of the other parent's wages by having the courts issue a garnishment order to their employer. Response: This comment will not be incorporated. II. Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. 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. The IV-D agency would continue to provide all appropriate IV-D services, and would continue to expect the custodial parent's cooperation. 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? 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. Response: Under the appropriate circumstances, a temporary order could apply to this requirement in paragraph (b)(1). Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. This means the judicial officer may enter a final Judgment based on the terms of the Proposed Judgment, without a court hearing and without any input from the PPS. In OCSE-AT-88-02, in response to a similar suggestion, OCSE announced that "it is not the responding State's responsibility to be in direct contact with the custodial parent and it would be overly burdensome to require them to do so.'' As part of the regulation reinvention effort, Sec. Comment: Four commenters requested a clarification of the term "sufficient information to initiate an automated locate effort.''. A PRS may be able to reopen the case. 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. From the Federal RegisterVisit disclaimer page(PDF), -----------------------------------------------------------------------, DEPARTMENT OF HEALTH AND HUMAN SERVICES Another commenter offered a related suggestion. Termination of services should be a planned and natural component of the casework process. 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. 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. Having an order from a judge for child support to be paid does not automatically open a child support case. Financial disagreements clog the courts and wrack up attorney bills not to mention burn untold units of stress and misery for each party, their children and anyone within earshot. Comment: Two commenters objected to what they perceived to be a subjective standard in paragraph (b)(12) under which the responding State is authorized to close an interstate case when it documents a failure on the part of the initiating State to take an action which is essential for the next step in providing services. PPS: Person Paying Support - Parent who the child does not live with most of the time. The 60 calendar day time frame has worked well for the past ten years and, at this time, OCSE does not believe that it would be appropriate to reduce it to 30 days. (Example: They would close the AFDC case and open a non-AFDC case, or vice-versa.) If assigned current cash medical is accruing then the case cannot close. If this is the address of the IV-A agency, the notice should be sent there. 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. Click on the case name hyperlink. 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. Contact Us Please fill out the form below and our attorney will contact you. 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