Under this subparagraph, this attempt to identify the biological father must include an interview of the recipient of services by IV-D staff. (3) Newly redesignated paragraph (b)(11). A child support agency may take increasing enforcement action, usually starting with . In order to actually close the case, the State IV-D agency must send the letter required by paragraph (c) notifying the service recipient of the intent to close the case. Q. (1) all children on the application have reached the age of majority and none is an adult with disabilities, with an established child support order; 5 & 6 (2) the child is deceased; or (3) the child is a minor, who no longer resides with the CP. This section describes IV-D cases in which no action can be taken at the present time. A summary of the comments received and our responses follows: 1. Click Resolve beside each step. OCSE Central Office coordinates the EVS program with the Social Security Administration. This Action Transmittal is organized as follows: I. Response: To meet the requirements of 303.11(c), the case closure notice should be sent to the last known address of the homeless family. The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. The State could, when the IV-D agency realizes it failed to send the family of the notice of continuation of services, send such notice at that time, and then, as appropriate, follow with the letter of intent to close the IV-D case. Q. Response: No. Section 303.11 is amended as follows: 4. This paragraph also allows the IV-D agencies to close cases after three years where the noncustodial parent's location is unknown and the State has been unsuccessful, after regular attempts of multiple sources, to locate the parent when there is sufficient information to. The authority citation for Part 303 continues to read as follows: Authority: 42 U.S.C. This rule does not contain information collection provisions subject to review by the Office of. Please note that the preamble language contains an error that occurred during printing. [ ] The initiating agency has closed its IV-D intergovernmental case because . 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. Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. 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.) Response: A State is free to continue the requirement that at least one attempt to contact the service recipient be conducted by certified mail. 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). of Revenue. Child Support Enforcement Transmittal #2 - Subsequent Actions Page 2 of 2 CHILD SUPPORT ENFORCEMENT TRANSMITTAL #2 - SUBSEQUENT ACTIONS, PAGE 2 Section II. (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 FOR FURTHER INFORMATION CONTACT: Betsy Matheson, Director, Division for Policy and Planning, Office of Child Support Enforcement, 202-401-9386. May the IV-D agency close the IV-D case? FPLS obtains address and employer information, as well as data on child support cases in . 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 * * * * *, h. Paragraph (b)(12) is added to read as follows: As we stated in OCSE-PIQ-92-04, a State may close a case only if the applicant for services requests closure and the requirements of 303.11(b)(9) are met. 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. For these reasons OCSE decided not to adopt this recommendation. In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. The circumstances under which a case could be closed include, for example, instances in which legitimate and repeated efforts over time to locate putative fathers or obligors are unsuccessful because of inadequate identifying or location information, or in interstate cases in which the responding State lacks jurisdiction to work a case and the initiating State has not responded to a request for additional information or case closure. 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. 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. requires that the good cause determination in food stamp cases subject to referral to the State IV-D agency be administered by the food stamp agency itself. In addition, it must be kept in mind that the individuals the IV-D agency is attempting to contact with this mailing are recipients of services who are not receiving public assistance. Closure When Wyoming is the Initiating State, the case worker will request the Responding State close its case when: The case meets federal closure criteria as detailed in Chapter 12 Closure; or The non-custodial parent is located in another state. Therefore, there may be circumstances in which a State may decide to keep open, and continue to work a case, even though it meets the requirements for case closure. 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. * * * * *, (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. 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? , GA 30303. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. 100-203 (the Omnibus Budget Reconciliation Act of 1987), IV-D cases in which the non-AFDC Medicaid recipient/custodial parent refuses to cooperate in the establishment of paternity and the securing of medical support should be treated similarly to AFDC cases in which the custodial parent refuses to cooperate. 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). However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. 2. Case Closure Checklist Why Didn't My Case Close 2. Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. Click on Submit a Question and send your questions or information. 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. From the Options drop-down, select Submit Case Closure Request and click Go. 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? The rule makes technical changes to 45 CFR 303.11, Case Closure criteria. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. Similarly, if the initiating State failed to provide necessary information to enable the responding State to provide services, and failed to respond to requests to provide the information, the responding State was required to keep the case open, although it was unable to take any action on it. The closure of your child support case may affect your Medicaid coverage . c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: Child support, Grant programs/social programs, Reporting and recordkeeping requirements. 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. 1 thing divorcing couples fight over. For purposes of the OCSE-156 and 158, the case would be switched from the prior status to a new status. According to 45 CFR 303.11(c), the responding State must notify the initiating State in writing 60 calendar days prior to closure of the State's intent. * * * * *, (b) * * * As we stated in OCSE-PIQ-90-09, redirection of payments by the State receiving IV-D collections is an appropriate way to handle interstate cases when the custodial parent moves from one State to another and the noncustodial parent resides in a third State. Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. It is a compilation of questions and responses, some of which have previously appeared in written policy interpretations issued by OCSE. 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. However, families needing child support enforcement services should not be punished for the possible threats or actions of obligors. The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). Donna E. Shalala, 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. The responding State may close its case file only after the initiating State, or the State where the noncustodial parent is located, acknowledges that it has received the transferred case file from the responding State. In fact, 45 CFR 303.2(b)(1) requires the IV-D agency to "solicit necessary and relevant information from the custodial parent.''. 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? Both PRWORA and the Uniform Interstate Family Support Act (UIFSA) frequently allow notices to be sent by regular mail. Read: Third COVID-19 testing site opens in Orange County as Florida reports almost 47K new cases As of 8 a.m., a WFTV news crew near the scene reported slow-moving traffic in the southbound lanes . Such a case is open and being worked by only one State. 93.563, Child Support Enforcement Program). 1. Response: No. Comment: Two commenters objected to the incorporation of the term "recipient of services'' into the case closure regulation. Comment: One commenter objected to the replacement of the former "certified'' mailing requirement with the current "regular'' mailing requirement. 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.
your case is initiating closure child support
Publikováno 19.2.2023