The addition of the Title IV-D and food stamp agencies to this list is required by section 454(29) of the Act, which provides flexibility to the States in selecting the agency authorized to make good cause determinations. 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. Child support can be taken immediately out of the other parent's wages by having the courts issue a garnishment order to their employer. program in establishing paternity and securing support, for which you may be sanctioned. Visit: 2 Peachtree St. NW. Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. 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? 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. State Disbursement Unit (SDU): State Disbursement Unit A central payment processing site that is responsible for collecting and distributing child support payments. 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. The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. 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. OCSE regulation 302.33(a) provides that child support services established under a State plan shall be made available to any individual who files an application for the services with the IV-D agency. As we stated in response to similar questions in OCSE-PIQ-91-02 and OCSE-PIQ-90-08, the IV-D agency would have to attempt to locate the noncustodial parent using all appropriate locate resources, as required under 303.3(b). Comment: One commenter requested that the final rule require the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12), to send a notice of case closure to the initiating State. 303.11. Question 17: What case closure criteria may be used in a IV-D case when a former AFDC mother with an unborn child has moved to another jurisdiction and the IV-D agency is notified that aid has been discontinued for the AFDC mother and aid was never granted for the unborn child of this defendant? In non-IV-A cases the IV-D program is required to distribute child support collections to the recipient of services. A PRS who is not receiving aid ("welfare") can close his or her case at any time. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. 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. VII. Comment: One commenter suggested the addition of a new criterion for case closure. Case Closure Matrix How It Works 1. 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. allowed to continue to use certified mailings for their case closure notices. Response: As stated in the preamble to the NPRM, the allowance of the first class letter is in accord with the new requirements in welfare reform. Response: If the noncustodial parent applied for IV-D services, the State may not close the case at the custodial parent's request. Proceed with closure of your responding IV-D 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. 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. Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. Response: Federal regulations at 302.33(a)(4) require the IV-D agency, as part of the continuation of services for former assistance recipients, to notify the former AFDC family of their rights and responsibilities under the IV-D program, similar to the explanation given to applicants for IV-D services. No costs are associated with this final rule. even with support, a child is not safe within the family, child . R. Jason de Groot. OCSE reminds States that enhancements to the Enumeration Verification System (EVS) frequently allow unknown or incomplete social security numbers to be identified by the Social Security Administration when the State has an individual's full name and date of birth. 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. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. However, if the application of State law resulted in the termination of a temporary child support order during the minority of a child, it would be incumbent upon the State IV-D agency to attempt to establish a final order, provided the parent's legal liability to provide child support continued beyond the termination of the temporary order. 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. If arrears (past- due support) are owed those arrears must be paid to the PRS. In addition to what has already been stated in this response, OCSE believes that it is important for the IV-D agency to notify the recipient of services of its intention to close a case based upon the criteria identified in paragraph (c). 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). 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. It provides access between participating states to case information including case closure reasons. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. Clearly, not every TANF recipient will be able to provide the IV-D agency with sufficient information about the biological father to allow the IV-D agency to proceed with an action to establish paternity. 1. Comment: One commenter recommended that OCSE consider a "soft closure'' case type, for use in removing certain cases (low collection potential or where payments are legally being made directly to the family outside of the IV-D program) from the State's open case count. (10) In a non-IV-A case receiving services under Sec. Should the custodial parent request case closure, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests closure and there is no assignment to the State of arrearages which accrued under a support order. CONTENT: This Action Transmittal consolidates and addresses case closure questions to which we have been most often asked to respond. The case worker will send the closure request to the Responding State via CSENet or regular mail. The more information you provide helps us expedite the child support process. 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 100-203 (the Omnibus Budget Reconciliation Act of 1987), IV-D cases in which the non-AFDC Medicaid recipient/custodial parent refuses to cooperate in the establishment of paternity and the securing of medical support should be treated similarly to AFDC cases in which the custodial parent refuses to cooperate. 1. Response: No. The rule makes technical changes to 45 CFR 303.11, Case Closure criteria. 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). To find out if your case may be transferred, contact your current CSEA. The commenter was questioning whether this term meant more than a name. This rule does not contain information collection provisions subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. There is no requirement that the other parent also must be provided with notice in such cases. * * * * *, h. Paragraph (b)(12) is added to read as follows: 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. 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. In short, it means that the mother is not cooperating with the Dept. When case closure is appropriate, the IV-D agency must also document the circumstances of the custodial parent's noncooperation, and notify the custodial parent in writing within 60 calendar days prior to closure of the State's intent to close the case in accordance with 303.11(c). 6. Description of Regulatory Provisions---Sec. [FR Doc. However, for clarity and consistency with terminology used in paragraph (b)(3)(iv), we have replaced "regular attempts'' with "diligent efforts'', and added a cross reference to locate regulations at 45 CFR 303.3. Dated: October 21, 1998. There are several ways to enroll. Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. The final rule clarifies the situations in which States may close child support cases and makes other technical changes. This paragraph also allows the IV-D agencies to close cases after three years where the noncustodial parent's location is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent when there is sufficient information to. 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. This second letter is separate from the letter of contact described in paragraph (b)(10). Comment: Five commenters asked if the 60 calendar day period (related to time frame in which the IV-D agency is unable to contact the recipient of services) referenced in paragraph (b)(10) could be viewed as satisfying the 60 calendar day period (related to the notice of case closure time frame during which the recipient of services may respond to the notice) referenced in paragraph (c). Closure Code Chart - Child Support Quest Case Closure General Case Closure Closure Code Chart Updated on July 25, 2022 Closure Code Chart As of July 22, 2022. If, under the circumstances described, the support obligation cannot be enforced at the present time, the IV-D agency should, in accordance with 303.3(b)(5), repeat attempts to locate any sources of income or assets. [Rules and Regulations] The IV-D agency must notify the Medicaid agency of the refusal to cooperate. 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. * * * * *. Commissioner Title IV, Part D of the Social Security Act (42 U.S.C. allow the agency to conduct automated locate efforts. As we stated in OCSE-PIQ-90-09, redirection of payments by the State receiving IV-D collections is an appropriate way to handle interstate cases when the custodial parent moves from one State to another and the noncustodial parent resides in a third State. Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. The other State is being contacted for the limited purpose of location. Comment: One commenter asked that the term "identity'' be clarified in the final rule. Question 18: How should the IV-D agency treat a non-AFDC Medicaid case where the custodial parent refuses to cooperate with the IV-D agency in the establishment of paternity and securing of medical support? Judgment: A final determination by the court about the rights and responsibilities of the parties in a case, which usually establishes parentage (who the parent of the child is), and orders child support and health insurance. The reason for this is to allow the recipient of services, who may have just moved, sufficient time to contact the IV-D agency to provide his/her new address. 6. 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? The card can be used everywhere Mastercard is accepted. What Happens if Child Support Isn't Paid. Use of Federal Child Support Case Closure Regulations 2 OEI 06-00-00470 . 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. The recipient of IV-D services leaving State A does not mean the IV-D case should be closed. 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