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). (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. Certainly one of these resources is the recipient of services. 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? 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. Comment: One commenter objected to the criterion of (b)(10) on the basis that this would allow the States to close many "workable'' cases. For these reasons OCSE decided not to adopt this recommendation. Child support, Grant programs/social programs, Reporting and recordkeeping requirements. Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. There are no case closure criteria which permit the unilateral closure of a IV-D case by the IV-D agency because the IV-D recipient has retained private counsel. * * * * *, (12) The IV-D agency documents failure by the initiating State to take an action which is essential for the next step in providing services. to issue a notice to an address they know to be obsolete. States are required to comply with Federal locate requirements in 45 CFR 303.3 and to make a serious and meaningful attempt to identify the biological father (or any individual sought by the IV-D agency.). States must indicate in the case record when the status of the case changes. 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? I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. BILLING CODE 4184-01-P, An Office of the Administration for Children & Families, Final Rule: Case Closure Criteria, 45 CFR Part 303, U.S. Department of Health & Human Services, Administration for Native Americans (ANA), Administration on Children, Youth, and Families (ACYF), Office of Child Support Enforcement (OCSE), Office of Human Services Emergency Preparedness and Response (OHSEPR), Office of Legislative Affairs and Budget (OLAB), Office of Planning, Research & Evaluation (OPRE), Public Assistance Reporting Information System (PARIS), Sign Up for, Pay, or Change Your Child Support. Section 303.11 is amended as follows: Should the recipient of services provide additional information that allows the State IV-D agency to locate the noncustodial parent, the case will remain open. First, the location of the noncustodial parent must be unknown. Response: Yes, this recommendation was adopted by including paragraph (b)(12) closures in the sections referenced by paragraph (c), which incorporates a 60 calendar day case closure time frame. Notification to the custodial parent that the custodial parent may be required to reimburse the IV-D agency for any misdirected child support collections received by the custodial parent could be included in the notice to the family regarding continuation of IV-D services. Click Go to Account Limitations. 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. If assigned current cash medical is accruing then the case cannot close. Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. 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? 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. 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. Olivia A. Use the topics below to get information on how to use the Florida Child Support eServices website to view your case, your payments, or make updates to your case information. Response: The State is obligated under the Title IV-D program to provide child support enforcement services to eligible families. 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. If a Person Paying Support (PPS) still has an order for support, he or she must continue to pay that support to the Person Receiving Support (PRS) . Response: Automated location attempts do not require statewide automated systems. 605(b), as enacted by the Regulatory Flexibility Act (Pub. You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. 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. If this is the address of the IV-A agency, the notice should be sent there. However, the case closure criteria, at 303.11(b)(11) does not apply in non-AFDC Medicaid cases. For case information, you may also call 1-888-524-3578. 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. 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? Click on Submit a Question and send your questions or information. 2. * * * * *, d. Paragraph (b)(5) is redesignated as paragraph (b)(4) and revised to read as follows: For these reasons, OCSE has decided not to adopt this recommendation. 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. Question 25: If the regulations are meant to restrict non-AFDC IV-D case closure to custodial parents, are States required to advise applicants for IV-D services other than custodial parents of the consequences of their application and the circumstances under which their cases may be closed? L. 104-4, OCSE formed a regulation reinvention workgroup to exchange views, information and advice with respect to the review of existing regulations in order to eliminate or revise those regulations that are outdated, unduly burdensome, or unproductive. At Sec. Use of Federal Child Support Case Closure Regulations 2 OEI 06-00-00470 . 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. 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. 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. 3. What Happens if Child Support Isn't Paid. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. Approved: November 30, 1998. The IV-D agency should contact the Medicaid agency for assistance in locating the custodial parent. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! For the reasons set forth in the preamble, 45 CFR Part 303 is amended as follows: PART 303--STANDARDS FOR PROGRAM OPERATIONS. Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. * * * * *, (b) * * * Review a case for closure as allowed by federal regulation (See Chapter 12 Closure for details on each closure type); Close the case on POSSE, if appropriate; and. Response: The 60 calendar day time periods that appear in paragraph (b)(10) and paragraph (c) are independent time frames. V. CASE CLOSURE OF NON-AFDC MEDICAID CASES. 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. Another commenter offered a related suggestion. If you want to understand how or if your child support case may close, contact us.Common Reasons for Child . However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. OCSE is addressing the continuation of services issue in IV-E cases in another rulemaking activity. Toll-Free: (877) 423-4746. Question 20: May a non-AFDC IV-D case be closed when the IV-D agency has attempted to contact the custodial parent repeatedly without success? 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). 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. 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. Section 1102 of the Act requires the Secretary to publish regulations that may be necessary for the efficient administration of the functions for which she is responsible under the Act. 6. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. In general, an Answer can be used to ask for genetic testing or a chance to go to court about the amount of child support. in non-AFDC cases be addressed. When a case is closed it means that CSSD will no longer provide services for that case. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). 5. 1. 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. The IV-D agency should periodically monitor the noncustodial parent's status to ascertain the expected release date, and take appropriate action at such time. Contents 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. Close a Case - Child Support Services. 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 5: May a responding State close an incoming interstate locate request when the noncustodial parent cannot be located in the responding State, or must the responding State IV-D agency continue to perform quarterly location attempts, under 303.3(b)(5), for three years before being able to close the case, under 303.11(b)(5)? 3. The States have been successful in implementing this standard of review and OCSE has no reason to believe that this standard, when applied to an initiating State as opposed to a custodial parent, will become problematic. RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion.
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