Case Closure Process Note: In order to close a case, an assignment to the case is needed. IV-D services are available to both custodial and noncustodial parents. 2. Enforcing Child Support Orders. Child Support Services Division Office Hours Monday to Friday, 8:15 am to 4:45 pm, except District holidays Connect With Us 400 6th Street, NW, Suite 8300, Washington, DC 20001 Phone: (202) 442-9900 TTY: 711 Email: cssdcustomerservice@dc.gov Ask the Director Agency Performance Language Support - CSSD - A + A Listen Opening a Child Support Case 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. Comment: One commenter suggested the addition of a new criterion for case closure. However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. 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 . 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. Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. CASE CLOSURE OF NON-AFDC APPLICANT CASES. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. 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advice with respect to the review of existing regulations in order to eliminate or revise those regulations that are outdated, unduly burdensome, or unproductive. Make sure you have a current version of Adobe Reader. * * * * *, (b) * * * Location details. 3. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. 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. Section 388-14A-2090 - Who receives notice when DCS closes a case? The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. Contents Such notice could specify that failure to repay the State under such circumstances would be considered non-cooperation and grounds for case closure. 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 the food stamp program, the State agency responsible for administering that program is also responsible for determining good cause. 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. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. Question 13: If the IV-D agency fails to notify the family of the continuation of IV-D services at the time of discontinuation of public assistance, but later does send the letter of intent to close the IV-D case and receives no response from the custodial parent within the 60-calendar-day timeframe, has the requirement for notifying the family of continuation of services been met, in addition to notifying the family of the intent to close the case? 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 . Commissioner Under the clarifications provided in OCSE-AT-90-12, a case may be closed in one category and re-opened in another when the status of the case changes. [FR Doc. Comment: One commenter objected to the criterion of (b)(10) on the basis that this would allow the States to close many "workable'' cases. The State could, when the IV-D agency realizes it failed to send the family of the notice of continuation of services, send such notice at that time, and then, as appropriate, follow with the letter of intent to close the IV-D case. 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. 303.7 are to be used by the responding State in making this determination. As explained in the preamble to the final rule, the basic premise for development of case closure criteria was to establish clear and concise standards which preclude premature or inappropriate closing of cases, and to identify specific areas where case closure is permitted. * * * * *. Comment: One commenter requested that the final rule expressly provide that the paragraph (c) notice of case closure may be sent by first class mail. 3507(d)). This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). 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. 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). Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. 2. May the IV-D agency close the IV-D case? CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. 2. Q. To open a case in California, fill out the online application or visit your local child support agency - agency locations can be found here. 3. The Child Support Process Open A Case Parentage Establishment Court Payments Enforcement Modify Your Case Close Your Case Important: All printed applications must be signed in blue or black ink. In New York City, the Human Resources Administration's Office of Child Support Services manages the child support program, and the New York City Law Department handles interstate child support cases on its behalf. Because of this, not every individual who is unable to provide the IV-D agency with sufficient information should be determined to be not cooperating with the IV-D agency. Using the proceeds from your ex's new job to pay child support. Response: This comment will not be incorporated. Question 21: How is a "case" defined for reporting purposes, using the forms OCSE-156 and OCSE-158, and for case closure purposes, under 303.11(b)? 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. This will open the Maintain Case page. Response: Automated location attempts do not require statewide automated systems. 2. For example, if the noncustodial parent applies for IV-D services, and later requests case closure, the State may wish to contact the custodial parent to determine whether she/he would like to continue to receive services. A PRS who is not receiving aid ("welfare") can close his or her case at any time. * * * * *, j. Paragraph (d) is revised to read as follows: wage withholding). For case information, you may also call 1-888-524-3578. 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. A PPS may request Genetic Testing to determine if he is the biological father of the child and may ask the court to decide the amount of child support. Question 23: Does the use of the term "custodial parent" in 303.11(b)(9) or any other regulation that specifically refers to services or rights of the custodial parent actually mean any applicant/recipient of IV-D services? Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). 3. For these reasons, OCSE has determined that a regular first class mailing is appropriate for the purposes of paragraph (b)(10). [Rules and Regulations] Default: An action that is automatically taken when someone does not respond to legal papers or show up to court as expected. 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. * * * * *. 3. 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 . Also, since States must meet Federal location requirements set forth in 45 CFR 303.3, diligent efforts to obtain the data elements critical for an automated search must occur and be unsuccessful before a State may consider closing the case using criteria in paragraph (b)(4). Response: A State is free to continue the requirement that at least one attempt to contact the service recipient be conducted by certified mail. In paragraph (d), we are making a technical amendment to the rule by removing the reference to "subpart D,'' as that subpart has been reassigned and no longer addresses the issue of record retention. If a Person Paying Support (PPS) still has an order for support, he or she must continue to pay that support to the Person Receiving Support (PRS) . 99-5831 Filed 3-9-99; 8:45 am] As work increases in complexity, 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. IV-D child support cases Similarly, it is OCSE's position that it would be inappropriate for a IV-D agency to close a case in an analogous situation, if the custodial parent hired a private attorney, because that too would not meet one of the case closure criteria set forth in 303.11. 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. 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. Each State has laws designed to afford protection to the general public, including civil servants. Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. 303.11. In accordance with 302.33(a)(4), 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, within five working days of the notification of ineligibility, notify the family that IV-D services will be continued unless the family notifies the IV-D agency otherwise. Serve: Deliver legal paperwork to a party. 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. Q. 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. In non-IV-A cases the IV-D program is required to distribute child support collections to the recipient of services. Response: The 60 calendar day time frame the commenter is addressing has been required under Federal case closure regulations since the original final rule was promulgated on August 4, 1989. 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? Comment: Two commenters objected to the incorporation of the term "recipient of services'' into the case closure regulation. RIN 0970-AB82, Child Support Enforcement Program; Standards for Program Operations. Response: As we stated in response to a similar question in OCSE-PIQ-90-08, in a non-AFDC IV-D case with no assigned arrearages or medical support assignment, if the initiating State either provides no reason or one that does not conform with any of the closure criteria of 303.11(b), the responding State may close the case pursuant to 303.11(b)(9), which permits case closure at the request of the custodial parent where there are no assigned arrearages. The more information you provide helps us expedite the child support process. 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. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. 2. Response: If the noncustodial parent applied for IV-D services, the State may not close the case at the custodial parent's request. Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? OCSE Central Office coordinates the EVS program with the Social Security Administration. Paragraph (c) is revised to incorporate the renumbering of paragraph (b). Dated: October 21, 1998. Person Paying Support (PPS): Parent who the child does not live with most of the time. An Office of the Administration for Children & Families, 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. The card can be used everywhere Mastercard is accepted. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. 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. You are supposed to. 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). Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. 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. 2. Response: OCSE concurs with both of these suggestions. 4. Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. Child support, Grant programs/social programs, Reporting and recordkeeping requirements. The Secretary certifies, under 5 U.S.C. The regulations allowed States to close cases that were not likely to result in any collection and to concentrate their efforts on the cases that presented a likelihood of collection. As previously stated in the preamble to the final case closure rule issued on August 4, 1989, (54 FR 32284) and in OCSE-AT-89-15, there is nothing to prohibit a State from establishing criteria which make it harder to close a case than those established in paragraph (b). 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. 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. A parent does not have to pay current child support for an emancipated minor. 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? Should the recipient of services provide additional information that allows the State IV-D agency to locate the noncustodial parent, the case will remain open. Hearing-impaired individuals may call the Federal Dual Party Relay Service at 1-800-877-8339 between 8:00 A.M. and 7:00 P.M. . 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. 4. 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. First, the location of the noncustodial parent must be unknown. The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. 7. Case Closure Desktop Guide 4. 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