State governments are not considered small entities under the Act. Response: No. Click on the Cases tab. The final rule adds a new paragraph, (b)(12) to Sec. Paragraph (c) is revised to incorporate the renumbering of paragraph (b). 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. 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? As currently drafted, the paragraph (c) notice of case closure may be sent by either first class or certified mail. In short, it means that the mother is not cooperating with the Dept. VI. 1. The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. 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). Response: By definition, the criterion for closing a case set forth in paragraph (b)(10) applies only to non-IV-A cases. As stated in the preamble to the NPRM, we continue to believe that PRWORA's cooperation requirements will provide adequate safeguards against the premature closing of cases where a reasonable potential for establishment or enforcement exists. 4. Golden, If assigned current cash medical is accruing then the case cannot close. 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. Therefore, the IV-D interview of the recipient of services need not be a face-to-face interview, but may be conducted via the telephone, when appropriate. 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. Certainly one of these resources is the recipient of services. The IV-D agency would continue to provide all appropriate IV-D services, and would continue to expect the custodial parent's cooperation. Close a Case - Child Support Services. 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. Comment: One commenter suggested adding to the case closure criteria set forth in paragraph (b)(4) that the IV-D agency interview the recipient of services. When Wyoming is the Responding State, the case worker shall. even with support, a child is not safe within the family, child . Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. You can contact North Carolina Child Support Enforcement for more information about payment options or to make a payment at 1-877-361-5437, and can view additional contact information for the agency here. If you have a checking account and would prefer to receive your child support payment via direct deposit you may download the form . c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. (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. Using the proceeds from your ex's new job to pay child support. Additionally, the IV-D agency is not required to suspend action or change its procedures to accommodate the private action. If your case was not filed by CSE, a judge will instruct you on how to pay. 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. However, in interstate location requests, responding States are not required to conduct the quarterly repeat location attempts as specified in 303.3(b)(5). Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. This regulation is issued under the authority granted to the Secretary by section 1102 of the Social Security Act (the Act). 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. After a IV-D agency has closed a case pursuant to the procedures outlined in 45 CFR 303.11, the former recipient of services may reapply for services at any time, provided this individual is otherwise eligible to receive IV-D services. Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. Approved: November 30, 1998. INQUIRIES TO: OCSE Regional Representatives, ___________________________David Gray Ross The Attorney General needs to be notified whenever you attempt to modify the amount of child support being paid. Somewhat earlier, the State IV-D Directors' Association had established a committee to examine the case closure issue. **You will need to create a new User ID and User Number for CAF and 1-888-LAHELP-U. If arrears are owed in the case, the obligor's duty to repay these arrears will survive the death of a child. 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.). 4. 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? If you complete the required steps and we ask you for more information by email, please respond as soon as possible so we can get things resolved. At the request of the States, OCSE originally promulgated regulations in 1989 which established criteria for States to follow in determining whether and how to close child support cases. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. 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. 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. 3. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. Dated: October 21, 1998. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). 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. 3507(d)). 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. 2. 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. In addition, Sec. Comment: Two commenters requested a revision to paragraph (b)(12) to provide for specific criteria which would support the case closure decision made by a responding State. In an effort to be responsive to the President's Memorandum of March 4, 1995, which announced a government-wide Regulatory Reinvention Initiative to reduce or eliminate burdens on States, other governmental agencies or the private sector, and in compliance with section 204 of the Unfunded Mandates Reform Act of 1995, Pub. Case Closure Matrix How It Works 1. 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. 2. For these reasons, OCSE has decided not to adopt this recommendation. If the next appropriate action in the case was the establishment of a final order, then the case could not be closed. 1. 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. 1. 2. . Response: As stated in the preamble to the NPRM, the allowance of the first class letter is in accord with the new requirements in welfare reform. 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). Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? Case closure is one of eight required categories States must assess. 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. In the first sentence, the reference to "paragraphs (b)(1) through (7) and (11) and (12) of this section'' is changed to read "paragraphs (b)(1) through (6) and (10) through (12) of this section[.]'' 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. 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. Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. V. CASE CLOSURE OF NON-AFDC MEDICAID CASES. Response: OCSE is not aware of any authority for the statement that the Postal Service provides poor mail service to low income communities. The rule, as revised, provides the IV-D agencies with sufficient flexibility to manage cases with "low collection potential.'' 1. Parentage: Parent-child relationship (who the parent of the child is). 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. 6/22) Federal IV-D Case Closure Criteria (45 CFR 303.11) (a) The IV-D agency shall establish a system for case closure. (10) In a non-IV-A case receiving services under Sec. As explained in the preamble to the final rule, the basic premise for development of case closure criteria was to establish clear and concise standards which preclude premature or inappropriate closing of cases, and to identify specific areas where case closure is permitted. 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