4. 2. * * * * *. A PPS may request Genetic Testing to determine if he is the biological father of the child and may ask the court to decide the amount of child support. Question 17: What case closure criteria may be used in a IV-D case when a former AFDC mother with an unborn child has moved to another jurisdiction and the IV-D agency is notified that aid has been discontinued for the AFDC mother and aid was never granted for the unborn child of this defendant? 1. 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. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). 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. Later, the court will make a decision based on the best interests of the child and if the continuation of financial support is required. 5. 5. 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. 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. 1. When a case is closed it means that CSSD will no longer provide services for that case. 1. 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. * * * * *, (d) The IV-D agency must retain all records for cases closed pursuant to this section for a minimum of three years, in accordance with 45 CFR part 74. Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). The more information you provide helps us expedite the child support process. Click Resolve beside each step. * * * * *, (b) * * * As indicated previously in response to question six, the case closure by a responding State at the request of an initiating State or case closure based on any of the criteria at 303.11(b) does not affect the status of the IV-D case in the initiating State. For the food stamp program, the State agency responsible for administering that program is also responsible for determining good cause. 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. Comment: Four commenters requested a clarification of the term "sufficient information to initiate an automated locate effort.''. The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. When a case is closed it means that CSSD will no longer provide services for that case. c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: While it is true that, as of the date of this final rule, not all States have certified statewide automated systems in place, States do have automated locate systems capability and the majority of States have Statewide systems mandated by section 454(16) of the Social Security Act. 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.). Here's how to remove a limitation from your account: Go to the Resolution Center. 6. 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. 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 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. 5. Comment: Two commenters requested clarification of the application of subparagraph (b)(3)(iv) with respect to TANF recipients. Federal law allows the child support agency to close a child support case under certain conditions. Please note that the preamble language contains an error that occurred during printing. VII. 3507(d)). The authority citation for Part 303 continues to read as follows: Authority: 42 U.S.C. Redesignated paragraph (b)(9) adds IV-D and food stamp agencies to the list of State agencies with the authority to make good cause determinations. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). 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. Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. 651 et seq.). 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. 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. When the court or administrative authority hears and decides factual and legal issues of the case, the parent's interests and concerns, in addition to the child's best interests, may bear on determinations with respect to the 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. 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. Such a policy or requirement would not meet one of the criteria for case closure set forth at 45 CFR 303.11(b), and is therefore an inappropriate action by the IV-D agency. The fact that a case is closed has noimpact on the underlying orders for support. Case Closure Matrix How It Works 1. 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? You must obtain appropriate documentation for closure Reason Codes: 01, 04, 06, 09 and TI. allow the agency to conduct automated locate efforts. Response: This comment will not be incorporated. The Title IV-A agency has sanctioned her failure to provide the minimum information needed to file and adjudicate a paternity action, and has removed the parent's needs from the AFDC grant, in accordance with 45 CFR 232.12. 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. [ 81 FR 93564, Dec. 20, 2016, as amended at 85 FR 35207, June 9, 2020] Parentage: Parent-child relationship (who the parent of the child is). Comment: Two commenters responded to the NPRM by asking that paragraph (c) exempt a number of factual situations from the requirement that a notice of case closure be sent. 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. Response: This suggestion is inconsistent with OCSE's long-standing interstate policy that the responding State not have direct contact with the custodial parent residing in, and receiving IV-D services from, the initiating State. Comment: Two commenters observed that section 454(29) of the Act exempts a public assistance recipient from the requirement to cooperate with the IV-D program for good cause "and other exceptions.'' The fact that a case is closed has no impact on the underlying orders for support. 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). Comment: One commenter requested an explanation as to what triggered the start of the 60 calendar day time period referenced in paragraph (b)(10). From the Options drop-down, select Submit Case Closure Request and click Go. (f) When CSS staff closes a case, CSS: (1) There is no longer a current support order and arrearages are under $500 or unenforceable under State law; State law governs the particular circumstances and duration for which a temporary child support order is enforceable. 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)? In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. Serve: Deliver legal paperwork to a party. The preamble to the final rule did not explain every factual situation that might present itself as potentially eligible for case closure. You are supposed to. Thirty-one individuals or organizations provided comments to the proposed rule. Customer Online Services Portal. At Sec. (b) In order to be eligible for closure, the case must meet at least one of the following criteria: MiCSES Reason Code MiCSES Description Manual Automatic 60-Day Notice 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; The committee developed several recommendations, which were considered in the development of the notice of proposed rulemaking, published in the Federal Register on February 24, 1998 (63 FR 9172). 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? That CSSD will no longer provide services for that case food stamp,. 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