This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). Response: A State is free to continue the requirement that at least one attempt to contact the service recipient be conducted by certified mail. Nevertheless, notice to both parents is not precluded. Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). Get the latest versions of Adobe Acrobat Reader from the Downloads and Plug-ins page. * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: Serve: Deliver legal paperwork to a party. Your case may be eligible to be transferred to a child support enforcement agency (CSEA) in another county, depending on specific facts and circumstances. 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. 303.11. 1. establishment of child and spousal support orders, 2. enforcement of support and income withholding orders from other states without registration, 3. registration of support orders for enforcement, 4. modification of support orders issued by a Connecticut tribunal, 5. registration of a child support order from another state for modification . Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. Money is often cited as the No. Response: No, the IV-D agency may not close the case pursuant to 303.11(b)(6) because action on it may be possible when the noncustodial parent is released from prison. * * * * *. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. **You will need to create a new User ID and User Number for CAF and 1-888-LAHELP-U. These changes will clarify the situations in which States may close cases and make it easier for States to close unworkable cases, thereby reducing the number of unworkable cases within the system and the amount of time that they must remain in the system. After all remaining arrears are finally collected, may this case be closed under 303.11(b)(9)? If you are a recipient of Medicaid benefits, your continued cooperation with the child support enforcement program is a prerequisite to your ongoing eligibility to receive Medicaid. 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. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. The case must be kept open if the custodial parent pays the billed fees and costs in response to the notice. Question 19: May the IV-D agency close a IV-D case in which the IV-E foster care case has been closed and there are no arrears owed to the State, or the arrears are less than $500, and no application for IV-D services has been received from the custodial parent? If the case is closed, the former recipient of services may request at a later date that the case be reopened if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of an order by completing a new application for IV-D services and paying any applicable application fee. Response: No. Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. Response: No, the IV-D agency would not be required to reopen a previously closed AFDC, IV-E foster care, or non-AFDC Medicaid IV-D case when redetermination of eligibility by the AFDC, IV-E foster care, or non-AFDC Medicaid agency does not generate any new information for the IV-D agency to use in establishing paternity, or establishing or enforcing a child support order. 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. 5. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. We believe a one-year waiting period achieves a reasonable balance between the desire to assure that workable cases remain open and the desire to close those cases which show no promise of being workable. Contact Us Please fill out the form below and our attorney will contact you. 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. You are supposed to. These are the individuals to whom the IV-D agency is required to send the child support collection. Response: As a general rule, the data elements needed to conduct an automated locate effort include an individual's name and social security number. Financial disagreements clog the courts and wrack up attorney bills not to mention burn untold units of stress and misery for each party, their children and anyone within earshot. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. However, if the State fails to provide such advance notice of potential case closure or otherwise explain the responsibilities and rights to the former AFDC family, the State may not threaten closure of the IV-D case for failure to return a misdirected child support collection. Toll-Free: (877) 423-4746. Response: OCSE believes that, by remaining silent on the manner in which the notice of case closure is to be sent, the States are provided the maximum amount of flexibility. File: Submitting paperwork to the court clerk. During that time period, a State IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3. 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). 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. Servicemembers Civil Relief Act (SCRA): Servicemembers Civil Relief Act Provides special protections to active members of the armed forces. (A) This rule describes the requirements that an initiating child support enforcement agency (CSEA) shall follow when processing an intergovernmental case. 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. 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. In the case of the food stamp program, the Act. 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. 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. Question 30: If a State has complied with the case closure criterion at 303.11(b)(5), may it close a IV-D case regardless of the existence of a support order or the amount of past due support? 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. 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. 7. What Happens if Child Support Isn't Paid. 2. A PRS who is not receiving aid ("welfare") can close his or her case at any time. If, following the closure of the case, the former recipient of services wishes to reapply for IV-D services, he/she may do so. 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? 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. 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. 4. OCSE is addressing the continuation of services issue in IV-E cases in another rulemaking activity. 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. The closure of your child support case may affect your Medicaid coverage . It is not appropriate for a State to close a case upon the occurrence of the criterion set forth in paragraph (b)(10) without fully complying with the requirements of paragraph (c). This will open the Maintain Case page. 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. A PRS may be able to reopen the case. a. Paragraph (b)(1) is revised and paragraph (b)(2) is removed to read as follows: l. In addition to the amendments set forth above, remove the words "custodial parent('s)'', and add, in their place, the words "recipient('s) of services'' in the following places: (2) Newly redesignated paragraph (b)(10); and. 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)? A child support agency may take increasing enforcement action, usually starting with . Income Withholding Order (IWO): Income Withholding Order A document that tells an employer to withhold a specific amount of money from a Person Paying Support's wages for support and to send it to the State Disbursement Unit. 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 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). Previously, the only distinction between paragraphs (b)(1) and (b)(2) was whether the child had reached the age of majority. c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. Comment: One commenter asked if a State could retain a requirement that one attempt to contact the service recipient be by certified mail? In addition, information provided by the custodial parent such as former addresses or employers could lead to identification of the noncustodial parent's social security number. Comment: One commenter recommended that the final rule require the responding State to send a notice of case closure directly to the custodial parent in the initiating State. Description of Regulatory Provisions---Sec. Response: If the noncustodial parent applied for IV-D services, the State may not close the case at the custodial parent's request. 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. By waiting an additional 60 calendar days, a State will be able to save itself the time and trouble of closing and then reopening a great number of cases. * * * * *. Question 15: How should a IV-D case be closed when the former AFDC recipient previously refused continued IV-D services upon termination of AFDC benefits but the IV-D case remains open because arrears were still owed the State? When Wyoming is the Responding State, the case worker shall. 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. allowed to continue to use certified mailings for their case closure notices. 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.) AGENCY: Office of Child Support Enforcement (OCSE), Administration for Children and Families, HHS. 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. 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. 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. * * * * *, (b) * * * The other State is being contacted for the limited purpose of location. Case closure is one of eight required categories States must assess. 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. Anyone may apply for IV-D services. 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. This second letter is separate from the letter of contact described in paragraph (b)(10). 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 wage withholding). Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. Arrears: Past-due unpaid support, including interest. Title IV, Part D of the Social Security Act (42 U.S.C. A State would not be entitled to receive FFP under the IV-D program for its efforts to establish and/or enforce such an order. 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. As we stated in OCSE-PIQ-92-13, a IV-D agency may not adopt a policy of requiring IV-D obligees to request case closure of their IV-D cases while they have contracts with private collection agencies. 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. 45 CFR Part 303 Note: Child support payments awarded by the courts but not received can be excluded only when the applicant/resident certifies that payments are not being made and further documents that all reasonable legal actions to collect amounts due, including filing with the appropriate courts or agencies responsible for enforcing payment, have been . 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? Question 8: If the custodial parent moves from one State (State A) to another State (State B) and the noncustodial parent resides in a third State (State C), what are the responsibilities of State A to provide IV-D services under Federal regulations? 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. Comment: One commenter objected to the minimum requirement of "one'' attempt to contact the non-IV-A recipient of services by regular mail on the basis of the commenter's belief that the Postal Service provides poor mail service to low income communities. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. What Happens if Child Support Isn't Paid. [Page 11810-11818] States must indicate in the case record when the status of the case changes. 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? Response: No. The final rule adds a new paragraph, (b)(12) to Sec. Open if the child support case Plug-ins page of eight required categories States assess. Individuals to whom the IV-D agency must meet location requirements within specified timeframes as set forth in section 303.3 year. Is required to send the child support collection, the interview of the case closure notices: a Judge hear. Of child support agency may take increasing enforcement action, usually starting with noncustodial... 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