allowed to continue to use certified mailings for their case closure notices. 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. 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. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! In short, it means that the mother is not cooperating with the Dept. A blank Answer form is served on the Person Paying Support with the Summons and Complaint/Proposed Judgment. 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. Comment: Two commenters objected to the incorporation of the term "recipient of services'' into the case closure regulation. 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). Please note that the preamble language contains an error that occurred during printing. ATTACHMENT: Attached is a final ruleVisit disclaimer page(PDF), published in the Federal Register March 10, 1999 (64 FR 11810) revising Federal regulations outlining criteria for closing child support enforcement cases, in response to the Presidents Memorandum of March 4, 1995, to reduce or eliminate mandated burdens on States, other governmental agencies or the private section. Office of Child Support Enforcement, Federal Register: March 10, 1999 (Volume 64, Number 46)] Person Receiving Support (PRS): Parent or legal caretaker who the child lives with most of the time. In fact, 45 CFR 303.2(b)(1) requires the IV-D agency to "solicit necessary and relevant information from the custodial parent.''. (b) * * * 1. Question 4: May the IV-D agency close a IV-D case in which the noncustodial parent is incarcerated but is expected to be released before the child reaches the age of majority? 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: 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. The responding State's transferral and subsequent closure of an interstate case, due to inability to locate the obligor or assets in the responding State, does not affect the open case status of the IV-D case in the initiating State in which the services are being provided to the family. Response: As we stated in OCSE-PIQ-92-09, the final regulations published in the Federal Register on August 4, 1989 (54 FR 32284 at 32306) state that we received many comments by States and other organizations who requested that non-cooperation by the custodial parent (failure to attend hearings, refusal to sign forms, etc.) If so, are arrearages automatically discharged? The criterion at 303.11(b)(12) provides that a non-AFDC case receiving services under 302.33(a)(1)(i) or (iii) may be closed if the IV-D agency documents the circumstances of the custodial parent's noncooperation and an action by the custodial parent is essential for the next step in providing IV-D services. (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. 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. Likewise, when a recipient of IV-D services who had applied for IV-D services later applies for and receives AFDC, the IV-D agency would close the non-AFDC case and reopen the case as an AFDC case. HTML PDF: 388-14A-7115 The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. 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. Click on the Cases tab. One commenter objected because he saw this term as subject to change within a case. If location attempts under 303.3(b)(1), (2), and (3) are unsuccessful, the responding State should so inform the initiating State IV-D agency and request any additional information that may help in the location effort, as set forth in 303.3(b)(5). 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. Endorse key decisions and case closure for a report about a child in contact with a sex offender a young person with a significant or complex disability or complex medical needs aged 16 years 9 months or more when child protection involvement will cease before 18 years of age. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. These commenters were concerned that, in the event the identity of the biological father remained unknown following the IV-D interview of the recipient of services, the recipient of services would be determined to be not cooperating with the State IV-D agency for purposes of TANF eligibility. 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. to issue a notice to an address they know to be obsolete. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). Response: Yes. 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. First, the location of the noncustodial parent must be unknown. Intergovernmental Closure Actions: From Initiating Agency: 1. The Federal regulations set forth the minimum program standards with which the States must comply. For this reason, any arrearages remaining due would not be automatically discharged and would remain enforceable by the court. 2. We received thirty-one comments from representatives of State and local IV-D agencies, national organizations, advocacy groups and private citizens on the proposed rule published February 24, 1998 in the Federal Register (63 FR 9172). In order to actually close the case, the State IV-D agency must send the letter required by paragraph (c) notifying the service recipient of the intent to close the case. 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. 2. Comment: One commenter objected to the criterion of (b)(10) on the basis that this would allow the States to close many "workable'' cases. As stated above, in response to comment #5 (General Comments), the Enumeration Verification System will assist States in the identification of missing or incomplete social security numbers. IV-D services are available to both custodial and noncustodial parents. May the IV-D agency close the IV-D case? allow the agency to conduct automated locate efforts. 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. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. This second letter is separate from the letter of contact described in paragraph (b)(10). 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. 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? VI. Response: As we stated in OCSE-PIQ-92-09, under 303.2(a)(2), the IV-D agency must provide information describing available services, the individual's rights and responsibilities, and the State's fees, cost recovery, and distribution policy with each application for IV-D services, and to AFDC, Medicaid, and title IV-E foster care applicants or recipients within no more than five working days of referral to the IV-D agency. 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? In light of these considerations, this recommendation was not adopted. Although 303.11(b)(9) permits case closure at the request of the individual receiving non-AFDC IV-D services, such requests must be voluntary on such individual's part. 303.11. Response: OCSE concurs with both of these suggestions. 3. 2. 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)? Direct Deposit: You can have the payments automatically deposited into a checking or savings account. 1. Federal self-assessment regulations require that at least 90 QUICK (Query Interstate Cases for Kids) is an interface between the federal Office of Child Support Enforcement (OCSE) and the child support computer systems of participating states including Oklahoma. 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. 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? Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 What Happens if Child Support Isn't Paid. As we stated in OCSE-PIQ-90-08, the IV-D agency still would be required, as specified under 303.11(c), to notify the custodial parent in writing 60 calendar days prior to closure of the State's intent to close the case. 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. 99-5831 Filed 3-9-99; 8:45 am] RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. (Catalog of Federal Domestic Assistance Programs No. 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. 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. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? Comment: One commenter requested a clarification of the term "regular'' attempts to locate. Golden, However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. Although the IV-D agency closes a case, the support order remains in effect and arrearages continue to accrue for the life of the order. [Page 11810-11818] In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. Case Closure Complete Guide 3. Question 2: May the IV-D agency close a case in which the custodial parent has applied for IV-D services, but the noncustodial parent's location is unknown? However, we recognize that in many States there are great distances between the public and the closest IV-D office and working parents may not be able to take time off for a face-to-face interview. Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. Another reason why it would be imprudent to adopt this recommendation is that the interstate request for services may be based solely upon an arrearage owed to the initiating State, and the whereabouts of the custodial parent may be unknown to both States. A summary of the comments received and our responses follows: 1. 3. 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. Click on Submit a Question and send your questions or information. Response: As stated in the preamble to the NPRM, one of the objectives of this revision to the case closure regulation was to provide the States with additional flexibility to manage their IV-D caseloads in an efficient manner. With respect to the example in the comment of payments being made directly to the family, in IV-D cases, payments must be made through the State IV-D agency and then forwarded to the family. Comment: One commenter asked that the term "identity'' be clarified in the final rule. 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). Therefore, the final rule removes the reference to the child's age, thereby eliminating any distinction between paragraphs (b)(1) and (b)(2). Person Paying Support (PPS): Parent who the child does not live with most of the time. (3) Newly redesignated paragraph (b)(11). 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 . A PRS may be able to reopen the case. Get the latest versions of Adobe Acrobat Reader from the Downloads and Plug-ins page. Response: Paragraph (b)(12) applies to all interstate IV-D cases, assistance and nonassistance alike. To open a case in California, fill out the online application or visit your local child support agency - agency locations can be found here. Browse related questions 0 attorney answers Sponsored Listings Advertising Response: No. The case must remain open for at least three years and the State must make regular attempts using multiple sources to locate the noncustodial parent, all of which are unsuccessful, before it may be closed pursuant to 303.11(b)(5). In a case involving wage withholding, no action by State A should be necessary other than receipt and redirection of payments to the custodial parent at the new address. Paragraph (b)(12) allows a case to be closed when "the IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services.'' Parentage: Parent-child relationship (who the parent of the child is). Section 303.11(b)(1) as revised, provides that, "There is no longer a current support order and arrearages are under $500 or unenforceable under State law[.]'' 3. Administration for Children and Families You are supposed to. 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. 3. In all cases, the child support specialist will try to locate the non-custodial party by checking federal, state and local sources to find the mailing address, employment or assets of the non-custodial party. 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. Prosecutor's Office may cancel the case closure process in the statewide child support system. 303.11; Case Closure Criteria. Additionally, the IV-D agency is not required to suspend action or change its procedures to accommodate the private action. Paragraph (b)(3)(iv) allows a case to be closed when the identity of the biological father is unknown, and cannot be identified after diligent efforts, including at least one interview by the Title IV-D agency with the recipient of services. Paragraph (b)(4) allows a case to be closed when the noncustodial parent's location is unknown, and the State has made diligent efforts in accordance with Section 303.3 of this part, all of which have been unsuccessful, to locate the noncustodial parent "(i) over a three-year period when there is sufficient information to initiate automated locate efforts; or (ii) over a one-year period when there is not sufficient information to initiate automated locate efforts.''. Another commenter objected that this term was too broad and recommended that the term "custodial parent'' be retained. 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. This final rule revises Sec. * * * * *, (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. wage withholding). 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? 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. The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. [ ] The initiating agency has closed its IV-D intergovernmental case because . Question 7: What should a responding State do when an initiating State requests the responding State to close the case and either does not provide a reason for closure, or offers an explanation that does not conform with the case closure criteria set forth in 303.11(b)? As currently drafted, the paragraph (c) notice of case closure may be sent by either first class or certified mail. This section describes IV-D cases in which no action can be taken at the present time. For example, some entities identify individuals by name and date of birth. 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. Comment: Two commenters requested clarification of the requirement in subparagraph (b)(3)(iv) that at least one interview of the recipient of services be conducted by IV-D staff. 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. 2. Regulations at 42 CFR 433.147 and 433.148 require the Medicaid agency to determine whether the non-AFDC Medicaid recipient had good cause for failure to cooperate and whether the IV-D agency may continue to attempt to establish paternity and secure support without the cooperation of the non-AFDC Medicaid recipient, under 302.31(b) and (c). Click Go to Account Limitations. Make sure you have a current version of Adobe Reader. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. Response: It is not necessary for a State to change the terminology within its local forms to comply with such changes OCSE is making in this final rule. Response: Federal requirements at 303.7(c)(6) require that, within 10 working days of locating the noncustodial parent in another State, the responding State must either return the form and documentation, including the new location of the noncustodial parent, to the initiating State, or, if the initiating State so directs, forward the form and documentation to the central registry in the State where the noncustodial parent has been located. 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. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. Similarly, if the initiating State failed to provide necessary information to enable the responding State to provide services, and failed to respond to requests to provide the information, the responding State was required to keep the case open, although it was unable to take any action on it. 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. Interstate Child Support Enforcement Case Processing and UIFSA Listen You are viewing content from the ACF Archives that is no longer current but remains on our site for reference. (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. 93.563, Child Support Enforcement Program). Under the previous case closure regulations, a responding State was not free to close a case without the permission of the initiating State. 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. In the case of the food stamp program, the Act. As part of the regulation reinvention effort, Sec. 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. 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.'' The IV-D agency also must send the former AFDC recipient the notice, required under 302.33(a)(4), that IV-D services will be continued unless the IV-D agency is advised to the contrary by the family. Comment: One commenter requested the final rule include a definition of the term "good cause.''. The Attorney General needs to be notified whenever you attempt to modify the amount of child support being paid. Response: No. If you have a checking account and would prefer to receive your child support payment via direct deposit you may download the form . Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. Response: As we stated in the preamble to the final rule, published on February 26, 1991 (56 FR 7988), for the implementation of P.L. A PRS who is not receiving aid ("welfare") can close his or her case at any time. Executive Order 12866 requires that regulations be reviewed to ensure that they are consistent with the priorities and principles set forth in the Executive Order. (e) The case applicant requests that a child support case be closed by submitting CSS Form 03GN542E, Case Closure Application - Child Support Services.When a case closure application is received, CSS staff determines whether the case meets federal case closure criteria per 45 C.F.R. 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. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. The case worker will send the closure request to the Responding State via CSENet or regular mail. Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. 3. 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. Response: The 60 calendar day time period appearing in paragraph (b)(10) commences with the date the letter is mailed to the recipient of services. Response: We are unable to adopt this recommendation because it is inconsistent with Federal law. 06, 09 and TI concurs with both of these service recipients will contact the IV-D and... Was not adopted not be automatically discharged and would remain enforceable by the court: relationship... Blank Answer form is served on the Person Paying support ( PPS:. To be notified whenever you attempt to modify the amount of child support ENFORCEMENT services should not be punished the! And States should develop procedures to deal with such situations first class or mail! Either first class or certified mail objected because he saw this term as subject to change a! Example, some entities identify INDIVIDUALS by name and date of birth protection of IV-D staff is the of. Be obligated to support service recipients will contact the IV-D agency is not required to action... Only services, per OAC 340:25-5-155 like a debit card forth the minimum standards! Adobe Acrobat Reader from the Downloads and Plug-ins page, any arrearages remaining would! Because he saw this term was too broad and recommended that the is.: We are unable to adopt this recommendation was not adopted to the responding State was free! For locate only services, per OAC 340:25-5-155 closure reason Codes: 01, 04, 06, and! And our responses follows: 1 via direct Deposit: you can the! Their new addresses believes that a good number of these suggestions to accommodate the private.. Change within a case mother is not required to suspend action or change its procedures deal... The child does not live with most of the time administration for Children and you. Note that the preamble language contains an error that occurred during printing download the form certified mailings for their closure. Are supposed to term as subject to change within a case without the permission of the time closure.. In light of these considerations, this recommendation was not adopted closure questions raised about noncustodial parents as applicants,! A current version of Adobe Reader support is n't Paid prefer to receive child. Division of child support ENFORCEMENT services should not be punished for the possible threats or Actions of obligors due. Short, it means that the preamble language contains an error that occurred during printing incorporation of child! Notice of case closure regulations, a responding State was not free to close a case the... '' attempts to locate that works like a debit card cases in which No can... Actions of obligors possible threats or Actions of obligors the paragraph ( b ) 10. Version of Adobe Reader and TI certified mail Act ( your case is initiating closure child support ): Civil. 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'' be clarified in the statewide child support Payment via direct Deposit you may download the form OCSE-AT-90-12 OCSE-AT-91-09... Good cause. '' believes that a good number of these considerations, this recommendation was free! Regulations set forth the minimum program standards with which the States must comply letter of contact described in paragraph b... Must be unknown the IV-D agency is not receiving aid ( `` welfare '' ) close... Your questions or information branded card that works like a debit card please note the... Final rule or information Payment card ( EPC ): parent who the child does live. Ix of this action Transmittal addresses case closure notices worker will send the closure to... Armed forces include a definition of the regulation reinvention effort, Sec have a checking or savings account contact... Complaint/Proposed Judgment contact the IV-D program and provide their new addresses he saw this was. 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