Although it is true that PRWORA provides expansive new locate resources to the IV-D community, the fact remains that you must have sufficient identifying information concerning the individual you are trying to locate in order to take advantage of these new locate tools. In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. Question 11: May the IV-D agency close an AFDC paternity case if the child dies before paternity is established? Click Resolve beside each step. 651 et seq.). Applicants for IV-D services must be provided with notice of case closure pursuant to 303.11(c) for case closure factors 303.11(b)(1) through (7) and (11) and (12). [ ] The initiating agency has closed its IV-D intergovernmental case because . If aPerson Paying Support (PPS) still has an order for support, he or she must continue to pay that support to the Person Receiving Support (PRS). 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. Section 303.11 is amended as follows: Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. The final rule adds a new paragraph, (b)(12) to Sec. The reduction in this case closure time frame only applies to those cases where the IV-D agency is unable to make an automated locate effort. Response: Yes, OCSE concurs with this recommendation and the final rule revises paragraph (c) to 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. HTML PDF: 388-14A-7115 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. allow the agency to conduct automated locate efforts. The case closure standards delineated in 45 CFR 303.11(b) limit eligible cases to those in which there is no reasonable expectation of establishing paternity, obtaining a support order, or collecting child or spousal support, either now or in the near future. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. PPS: Person Paying Support - Parent who the child does not live with most of the time. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. 6. For these reasons, OCSE has determined that a regular first class mailing is appropriate for the purposes of paragraph (b)(10). 6. 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. Finally, the term "low collection potential'' is extremely difficult to define in an objective fashion. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. A parent does not have to pay current child support for an emancipated minor. Serve: Deliver legal paperwork to a party. From the Options drop-down, select Submit Case Closure Request and click Go. When these two factors came into direct conflict, we attempted to resolve the issue in favor of keeping a case open if there is a chance of success. 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. [Page 11810-11818] In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. 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). 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). This second letter is separate from the letter of contact described in paragraph (b)(10). 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? 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. 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 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. 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? 2. 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. (B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities: (1) Determine whether a child support order(s) exists in a case using the . Comment: One commenter asks if paragraph (b)(4)'s use of the term "noncustodial parent's location is unknown'' means the physical address and the location of any assets attributable to the noncustodial parent? Section 388-14A-2090 - Who receives notice when DCS closes a case? Under 303.7(b)(4), the initiating State must furnish the responding State with the additional information, or notify the responding State when the information will be provided within 30 calendar days of receipt of the request. Ohio Administrative Code 5101:12-10-03 specifies when a CSEA may transfer a case to a CSEA in another county. 303.3, all of which have been unsuccessful, to locate the noncustodial parent: (i) Over a three-year period when there is sufficient information to initiate an automated locate effort, or, (ii) Over a one-year period when there is not sufficient information to initiate an automated locate effort; If the IV-D agency knows the name of the biological father but cannot proceed because it does not have any additional information to locate this individual, then the case would be eligible for closure under the authority of subparagraph (b)(4)(ii). 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. 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. 1. This commenter requested that paragraph (c) be revised to indicate that the "recipient of services'' is, in fact, the "former'' recipient of services when this term is referencing an individual whose case has been closed. Toll-Free: (877) 423-4746. Federal law allows the child support agency to close a child support case under certain conditions. Until the IV-D agency in the custodial parent's new State of residence notifies the IV-D agency in the custodial parent's old State of residence that IV-D services are being provided by the IV-D agency in the custodial parent's new State of residence, the IV-D agency in custodial parent's old State of residence would continue to distribute child support collections received from the non-custodial patent's State of residence to the custodial parent at the custodial parent's new address in the new State of residence. In light of these considerations, this recommendation was not adopted. * * * * *. Case Closure Complete Guide 3. Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. Comment: Two commenters requested that the final rule clarify that, should a former recipient of services contact the IV-D agency to request child support enforcement services subsequent to the closure of his/her case, then this former recipient of services would be required to complete a new application and pay any applicable application fee. FPLS obtains address and employer information, as well as data on child support cases in . Customer Online Services Portal. 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. Response: There is no residency requirement for receiving IV-D services. Guideline Calculator: The California Guideline Child Support Calculator Online tool that can be used to estimate the amount of child support that may be ordered in your case. Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. 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). In addition, if the paragraph (b)(10), 60 calendar day time frame was waived in these instances, and the IV-D agency immediately issued the written closure notice required in paragraph (c), this notice would undoubtedly be sent to the very same address reported by the Postal Service to be obsolete. When a case does not fall within one of the case closure criteria set forth at 303.11(b), it must remain open and be worked by the IV-D agency. Response: This standard of review, as to when an action is "essential'' for taking the next step in a IV-AD case, is not new. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. Local child support agencies monitor cases to ensure court orders are being followed. (3) Newly redesignated paragraph (b)(11). 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. In preparing the notice of proposed rulemaking, we also consulted with several advocates and other interested parties and stakeholders, including custodial parents and groups advocating on their behalf, to discuss their concerns with the IV-D Directors' Association recommendations and about the case closure criteria in general. Conversely, one commenter expressed a concern that the States would compress these two 60 calendar day time frames into a single 60 calendar day period. In addition, some IV-D actions (e.g., paternity establishment, Federal and State income tax refund offset process) may be possible while the noncustodial parent is incarcerated. While the term "custodial parent" is used because that is the typical situation, it encompasses any applicant or recipient of IV-D services. Response: Under 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. As currently drafted, the paragraph (c) notice of case closure may be sent by either first class or certified mail. 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