Step 5: State your request to terminate child support payments and . 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. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. II. For purposes of the OCSE-156 and 158, the case would be switched from the prior status to a new status. (b) * * * CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. 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. 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. 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 . Comment: One commenter recommended that the reference to 45 CFR 232.40 be removed from paragraph (b)(9) because this Federal regulation was obsolete. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. Conversely, another commenter objected to reducing the existing three-year period to one year. Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. 3. 303.11; Case Closure Criteria. 1. 1. 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. (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. Response: As we stated in OCSE-PIQ-91-02, a IV-D case is defined, for the purposes of the OCSE Child Support Enforcement Program Quarterly Data Report (OCSE-156) and the Child Support Enforcement Program Annual Data Summary Report (OCSE-158), as a noncustodial parent (mother, father, or putative father) who is now or eventually may be obligated under law for the support of a child or children. 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. 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. HTML PDF: 388-14A-7115 Nevertheless, notice to both parents is not precluded. Response: No. Prosecutor's Office may cancel the case closure process in the statewide child support system. Comment: One commenter requested that the 60 calendar day notice of case closure time frame appearing in paragraph (c) be reduced to a period of 30 calendar days. When a case is closed it means that CSSD will no longer provide services for that case. If arrears (past- due support) are owed those arrears must be paid to the PRS. * * * * *, (b) * * * and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! 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. Question 9: Is redirection of payments an appropriate way to handle interstate cases in which the custodial parent moves from one State to another and the obligated parent resides in a third State? * * * * *, (b) * * * CASE CLOSURE OF NON-AFDC APPLICANT CASES. The Title IV-A agency has sanctioned her failure to provide the minimum information needed to file and adjudicate a paternity action, and has removed the parent's needs from the AFDC grant, in accordance with 45 CFR 232.12. Summons and Complaint and Proposed Judgment (S&C): Summons and Complaint/Proposed Judgment A set of legal documents filed with the court and served on the Person Paying Support telling him or her of the lawsuit for parentage or child support. For more information on Process Of Initiating Child Support, an initial consultation is your next best step. 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). (3) Newly redesignated paragraph (b)(11). 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. 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. PRS: Person Receiving Support Parent or legal caretaker who the child lives with most of the time. Response: A State may close a case if it meets one or more of the requirements specified at 303.11. This commenter suggested that the State IV-D agency be authorized to close a case when the obligor presented a risk of serious harm to State or local IV-D staff. For example, if a IV-D agency has already closed an AFDC IV-D case after three years of unsuccessful attempts at attempting to locate a noncustodial parent, and an AFDC agency, as part of its redetermination of AFDC eligibility process for the corresponding AFDC case, sends a IV-D agency material that does not contain any new information to help IV-D provide IV-D services, a IV-D agency would not be required to reopen the previously closed case. As we stated in OCSE-PIQ-91-02 and OCSE-PIQ-91-14, the case closure criteria enumerated in 303.11(b) do not allow the IV-D agency to close the IV-D case when the AFDC custodial parent refuses to cooperate and is removed from the AFDC grant. Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). 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. Case Closure Desktop Guide 4. 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. To suspend case activity because of retention of private counsel to handle certain actions would deny the applicant such services as Federal and State income tax refund offsets, full collection services by the Internal Revenue Service, and use of the Federal courts, which are available only to recipients of IV-D services. even with support, a child is not safe within the family, child . 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. If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . Question 27: If States have to send the notice of intent to close the case to the custodial parent's last known address, what should be done if the family is homeless, and the only address on record with the IV-A and the IV-D agency is the address of the IV-A agency? Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. NONCUSTODIAL PARENT APPLICANTS FOR IV-D SERVICES. 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 . * * * * *. For these reasons OCSE decided not to adopt this recommendation. Paragraph (c) is revised to incorporate the renumbering of paragraph (b). Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? 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. 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). Response: No. 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. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. This will open the Case Closure page. In cases in which there is no assigned support, the IV-D agency may also close the case if the custodial parent requests case closure. Such a case is open and being worked by only one State. * * * * *, (d) The IV-D agency must retain all records for cases closed pursuant to this section for a minimum of three years, in accordance with 45 CFR part 74. (A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case. In response to these comments, we promulgated 303.11(b)(12) which allows closure for non-cooperation in non-AFDC cases when the case file documents the circumstances of the non-cooperation, and an action by the custodial parent is essential for the next step in providing services. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). Question 25: If the regulations are meant to restrict non-AFDC IV-D case closure to custodial parents, are States required to advise applicants for IV-D services other than custodial parents of the consequences of their application and the circumstances under which their cases may be closed? . 1. A child support agency may take increasing enforcement action, usually starting with . As part of the regulation reinvention effort, Sec. 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. In some states, the complainant may also be referred to as the "petitioner." . Olivia A. A parent does not have to pay current child support for an emancipated minor. 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). , GA 30303. Decisions to close cases are linked with notice to recipients of the intent to close the case and an opportunity to respond with information or a request that the case be kept open. VII. Response: OCSE has decided not to adopt this suggestion. Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. 1. Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. IV-D services are available to both custodial and noncustodial parents. Step 3: Indicate the full name of the parent paying child support and the name and age of your child. IX. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? 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. If assigned current cash medical is accruing then the case cannot close. 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