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. X.This section illustrates a variety of miscellaneous case closure situations. (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. 303.11 to eliminate the term "absent parent'' and replace it with the term "noncustodial parent'' throughout, for consistency with preferred statutory terminology under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193. In order for a case to be eligible for closure under this authority there are three requirements. 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. The calculator is based on child support guidelines set by law in California. 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. Therefore, for purposes of 303.11, if the applicant for services was not the custodial parent, States should substitute the applicant for services whenever 303.11 refers to the custodial parent. 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, for example, the interview with the recipient of services failed to result in the identity of the biological father, but did result in a last known address or employer, a "diligent effort'' to identify the biological father requires the IV-D agency to pursue these leads in an attempt to identify the biological father. When a non-AFDC individual subject to fees or cost recovery fails to pay any fee prescribed in Federal regulations or reimburse the State for costs associated with providing IV-D services, and charged to that individual, the IV-D agency may close the case under this criterion when the payment of such fees or costs is required under the IV-D State plan. As currently drafted, the paragraph (c) notice of case closure may be sent by either first class or certified mail. 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. Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. Comment: One commenter suggested the addition of a new criterion for case closure. In fact, 45 CFR 303.2(b)(1) requires the IV-D agency to "solicit necessary and relevant information from the custodial parent.''. 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. The Attorney General needs to be notified whenever you attempt to modify the amount of child support being paid. Because of this directive OCSE is unable to adopt the suggestion of this commenter. 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. If arrears are owed in the case, the obligor's duty to repay these arrears will survive the death of a child. The final rule adds a new paragraph, (b)(12) to Sec. OCSE Central Office coordinates the EVS program with the Social Security Administration. 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. Case Closure Complete Guide 3. Child support can be taken immediately out of the other parent's wages by having the courts issue a garnishment order to their employer. 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. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. In non-IV-A cases the IV-D program is required to distribute child support collections to the recipient of services. 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. The authority citation for Part 303 continues to read as follows: Authority: 42 U.S.C. 2. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. 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. 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. RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. As we stated in OCSE-PIQ-91-02, the case described in the example could not be closed under 303.11, but rather would have a change of status, from AFDC to non-AFDC, or vice-versa. 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. If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. 651 et seq.). Response: This comment will not be incorporated. The State must also provide the custodial parent with written notice of case closure 60 days before closing the case pursuant to 303.11(c). Redesignated paragraph (b)(10) allows a nonassistance case to be closed when the State IV-D agency is unable to contact the service recipient within a 60 calendar day period despite an attempt by at least one letter, sent by first class, to the service recipient's last known address. 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. VI. If, in these instances, the initiating State failed to respond to the responding State's request for case closure, the responding State was obligated to leave the case open in its system. A blank Answer form is served on the Person Paying Support with the Summons and Complaint/Proposed Judgment. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. (If closure letter does not appear in document log list - check Alerts for a Case for corrections) Foster Care case, add child's name and EPICS number to the letter. 4. 303.11(b)(3)(iv), the final rule allows a case to be closed when paternity is in issue and the identity of the biological father cannot be identified after diligent efforts, which include at least one interview of the service recipient by the IV-D agency. 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)? (A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. 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. In accordance with the requirements of 466(a)(9) of the Act and 303.106(a)(1), these arrearages are judgments by operation of law and are subject to enforcement." 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. 303.7 apply and will drive the decision as to whether or not an initiating State has failed to take an action that is essential to the next step in providing services. The non-residential parent may notify the CSEA of any reason why the support order should be terminated. Case Closure Checklist Why Didn't My Case Close 2. Response: No. Case Closure Matrix How It Works 1. 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). In fact, this standard has been in existence since 1989, when the Federal case closure regulation was originally promulgated and remains the basis for case closure under former paragraph (b)(12)/new paragraph (b)(11). State law governs the particular circumstances and duration for which a temporary child support order is enforceable. Case Closure Matrix How It Works 1. (9) There has been a finding by the responsible State agency of good cause or other exceptions to cooperation with the IV-D agency and the State or local IV-A, IV-D, IV-E, Medicaid or food stamp agency has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative; In addition, it must be kept in mind that the individuals the IV-D agency is attempting to contact with this mailing are recipients of services who are not receiving public assistance. For example, the obligor's duty to provide child support survives the death of the obligee. Proceed with closure of your responding IV-D Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. CASE CLOSURE OF NON-AFDC APPLICANT CASES. II. * * * * *. Case Closure Desktop Guide 4. 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. For these reasons, OCSE has decided not to adopt this recommendation. Q. Child Support Case Managers establish, modify, enforce child support orders and maintain all financial aspects of a child support case by determining and deciding needed action, initiating and authorizing administrative and judicial legal action and preparing cases for hearing. 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. . 4. In some of these cases, the responding State may have been unable to locate the noncustodial parent, or may have located him or her in another State. The following examples of such fact patterns were received: when the obligor, obligee or child has died; when the obligor's duty to support the child has been terminated by a court; when the obligor and obligee reconcile; and when the child leaves a IV-E funded foster care placement. The State requesting the information must comply with the location timeframes established in 303.3(b)(3). Section 388-14A-2090 - Who receives notice when DCS closes a case? The recipient of IV-D services leaving State A does not mean the IV-D case should be closed. 303.11. 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 the Supplementary Information section accompanying the final regulations, we stated that the goal of the case closure regulations was not to mandate that cases be closed, but rather to clarify conditions under which cases may be closed. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. If the alleged father cannot be located after the IV-D agency has made regular attempts using multiple sources over a three-year period, all of which have been unsuccessful, the case may be closed under 303.11(b)(5). Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. Pursuant to 303.11(c), the State is not required to send the 60-day notice of case closure in cases closed under 303.11(b)(9). Thirty-one individuals or organizations provided comments to the proposed rule. Comment: Two commenters questioned the wisdom of the one-year waiting period before a case can be closed under the authority of subparagraph (b)(4)(ii) when the noncustodial parent's location is unknown and the IV-D agency does not have sufficient information to initiate an automated locate effort. 5. Section 303.11(b)(5) permits a IV-D agency to close a case if the "noncustodial parent's location is unknown and the State has made regular attempts using multiple sources to locate the noncustodial parent over a three-year period, all of which have been unsuccessful". Olivia A. Federal self-assessment regulations require that at least 90 to issue a notice to an address they know to be obsolete. 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.'' What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . in non-AFDC cases be addressed. If the initiating State continues to have an open case, but is asking Indiana to close its case because the initiating State no longer needs assistance from Indiana, can 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. VIII.This section provides guidance on completing the OCSE reporting forms. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? Intergovernmental Closure Actions: From Initiating Agency: 1. 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. allowed to continue to use certified mailings for their case closure notices. 6. Response: OCSE concurs with both of these suggestions. The final rule permits the responding State to close the case if it is unable to process the case due to lack of cooperation by the initiating State. Comment: One commenter recommended that paragraphs (b) (1), (2) and (3) be removed from the requirement to send the notice of case closure in paragraph (c) because those criteria did not pertain to the recipient of services' cooperation. 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. 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. Comment: One commenter objected to paragraph (b)(4) on the basis that it assumes a level of State automation which does not currently exist. 3. (e) The IV-D agency must retain all records for cases closed in accordance with this section for a minimum of 3 years, in accordance with 45 CFR 75.361 . 1. If arrears (past- due support) are owed those arrears must be paid to the PRS. 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 . Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. 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