(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. There will be two other parties to your SAPCR- the other parent as well as the Attorney General of Texas. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. 3. One commenter objected because he saw this term as subject to change within a case. [Page 11810-11818] 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. State governments are not considered small entities under the Act. 1. The Department has determined that this rule is consistent with these priorities and principles. Response: As we stated in response to similar questions in OCSE-PIQ-91-02 and OCSE-PIQ-90-05, Federal policy distinguishes between cases in which the incoming locate request is made directly to a State's parent locator service by another State (i.e., "quick locate," as described in OCSE-AT-91-09) from those cases in which the request is received through the responding State's central registry as an interstate referral. Section 303.11 is amended as follows: The case worker will send the closure request to the Responding State via CSENet or regular mail. 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 2. As explained previously in the response to question 12, under the facts presented, there is no support order, and subsequently no assignment to the State of arrearages which accrued under a support order. May the State close the IV-D case of the former AFDC family for failure to return the misdirected child support collection, even though the State failed to notify the family, when they began receiving continued IV-D services, of their rights and responsibilities under the IV-D program? 7. 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. In redesignated paragraphs (b)(8), (b)(10) and (b)(11) the term "custodial parent'' is revised to read "recipient of services'' to reflect that Title IV-D child support enforcement services may be requested by either the custodial or noncustodial parent. Money is often cited as the No. , GA 30303. 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? allowed to continue to use certified mailings for their case closure notices. 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. 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. States must indicate in the case record when the status of the case changes. I.CASE CLOSURE OF IV-D CASES IN WHICH NO ACTION CAN BE TAKEN AT THE PRESENT TIME. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. In addition, the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions'' from cooperation, to more accurately implement the requirements of section 454(29) of the Act. Response: Use of the term "regular'' attempts in the proposed rule was intended to include attempts conducted in accordance with the program standards set forth in 45 CFR 303.3, which contains Federal location requirements. The purpose of the case closure rule is to allow States to close unworkable cases thereby allowing each State to focus its resources on those cases which are workable. Paragraphs (b)(6) through (b)(12) are renumbered as (b)(5) through (b)(11). Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. 12.1 Preparing for Termination of Services. The removal of (b)(2) necessitates that paragraphs (b)(3) and (b)(4) be redesignated as paragraphs (b)(2) and (b)(3). Although the IV-D agency closes a case, the support order remains in effect and arrearages continue to accrue for the life of the order. 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. (e) The IV-D agency must retain all records for cases closed in accordance with this section for a minimum of 3 years, in accordance with 45 CFR 75.361 . RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. 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 IV-D agency must maintain documentation of the recipient's consent in the case record . However, if the identity of the noncustodial parent is known, but his/her location is unknown, then there are multiple locate resources available to the IV-D agency. 6. Find a Local Office. Comment: Two commenters requested that the final rule clarify the use of the term "diligent efforts'' in subparagraph (b)(3)(iv). 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. 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. Comment: One commenter noted the change in terminology from "custodial parent'' to "recipient of services'' and asked if this meant the States needed to change this term on all of their local forms. In response to these comments, we promulgated 303.11(b)(12) which allows closure for non-cooperation in non-AFDC cases when the case file documents the circumstances of the non-cooperation, and an action by the custodial parent is essential for the next step in providing services. Comments to Subparagraph 303.11(b)(3)(iv). 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. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. 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. If the PPS does not attend the hearing, the court may make an order without him or her. Visit: 2 Peachtree St. NW. * * * * *, d. Paragraph (b)(5) is redesignated as paragraph (b)(4) and revised to read as follows: Exactly when a case closes depends on the specific child support order, the laws that control it, and the case circumstances. 1) There is no longer a current support order and arrears are under $500.00 or unenforceable ( (b) (1)). If the alleged father cannot be located after the IV-D agency has made regular attempts using multiple sources over a three-year period, all of which have been unsuccessful, the case may be closed under 303.11(b)(5). Case Closure Process Note: In order to close a case, an assignment to the case is needed. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. Response: Federal requirements at 303.7(c)(6) require that, within 10 working days of locating the noncustodial parent in another State, the responding State must either return the form and documentation, including the new location of the noncustodial parent, to the initiating State, or, if the initiating State so directs, forward the form and documentation to the central registry in the State where the noncustodial parent has been located. Comment: One commenter requested a clarification of the term "regular'' attempts to locate. Response: This suggestion was not incorporated into the final rule because the reviewer is confusing "unenforceable'' to mean "low collection potential.'' 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. The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). As previously stated in the preamble to the NPRM for this rule, the trend is moving toward a reduction in the mailing standard. Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? Local child support agencies monitor cases to ensure court orders are being followed. 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? Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion. (4) The noncustodial parent's location is unknown, and the State has made diligent efforts using multiple sources, in accordance with Sec. (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. Our Office Coral Springs Office Address 9600 West Sample Road Suite 406 1. 1. 2. Comment: One commenter requested that the final rule expressly provide that the paragraph (c) notice of case closure may be sent by first class mail. 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. The final rule adds a new paragraph, (b)(12) to Sec. Financial disagreements clog the courts and wrack up attorney bills not to mention burn untold units of stress and misery for each party, their children and anyone within earshot. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL SECURITY ACT AND OTHER INTERESTED INDIVIDUALS, SUBJECT: Case Closure Criteria Final Rule, 45 CFR Part 303. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . AT-98-30 Publication Date: December 28, 1998 U.S. Department of Health and Human Services Administration for Children & Families Office of Child Support Enforcement SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. 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. In paragraph (d), we are making a technical amendment to the rule by removing the reference to "subpart D,'' as that subpart has been reassigned and no longer addresses the issue of record retention. Iv ) of IV-D CASES in WHICH payments in a IV-D case flow directly the... 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