REFERENCES:OCSE-PIQ-90-05,OCSE-PIQ-90-08, OCSE-PIQ-90-09, OCSE-PIQ-91-02, OCSE-PIQ-91-14, OCSE-PIQ-92-04, OCSE-PIQ-92-09, and OCSE-PIQ-92-13. 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. However, OCSE encourages the States to keep this issue in mind when they are otherwise revising their local forms. Money is often cited as the No. 5. Person Receiving Support (PRS): Parent or legal caretaker who the child lives with most of the time. of Revenue. Under section 454(4) of the Act, a IV-D case is established in response to two scenarios: (1) an individual applies for, and receives, certain forms of public assistance (TANF, IV-E foster care, medical assistance under Title XIX, and when cooperation with IV-D is required of a Food Stamp recipient) and good cause or another exception to cooperation with IV-D does not exist; or (2) when an individual not receiving the aforementioned types of public assistance makes an application for such services. The IV-D agency may also close the IV-D case at the request of the custodial parent if the case closure requirements of 303.11(b)(9) are met. Answer: A legal document that responds to a Complaint and must be filed with the court by the Person Paying Support. Response: Under sections 408(a)(2) and 454(29)(A) of the Act, the State's IV-D agency is responsible for making the determination as to whether or not a TANF recipient is cooperating with the IV-D agency. The recipient of IV-D services leaving State A does not mean the IV-D case should be closed. From the Options drop-down, select Submit Case Closure Request and click Go. A case opened or being enforced by the Child Support Services Department (CSSD) can be closed for many reasons. NRPS: A document that tells the Person Paying Support that support payments must be made to the State Disbursement Unit. DCSE offers free family engagement services focusing on access and visitation, responsible parenting, employment services and prisoner reentry. Click on the case name hyperlink. Although it is true that PRWORA provides expansive new locate resources to the IV-D community, the fact remains that you must have sufficient identifying information concerning the individual you are trying to locate in order to take advantage of these new locate tools. 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. As we stated in OCSE-PIQ-91-02, the case described in the example could not be closed under 303.11, but rather would have a change of status, from AFDC to non-AFDC, or vice-versa. A parent does not have to pay current child support for an emancipated minor. Question 13: If the IV-D agency fails to notify the family of the continuation of IV-D services at the time of discontinuation of public assistance, but later does send the letter of intent to close the IV-D case and receives no response from the custodial parent within the 60-calendar-day timeframe, has the requirement for notifying the family of continuation of services been met, in addition to notifying the family of the intent to close the case? If the responding State is unable to take further action without additional information or assistance and, as provided in the preamble to the final rule on case closure (64 FR 11810, 11816), it has so notified the initiating State consistent with 45 CFR 303.7(c)(4)(ii), the responding State may take steps to close the case on its own. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. 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. The following table provides guidance for determining when and how to close cases. However, if a State, using authority under its UIFSA statute, sends a withholding notice directly to an employer in another State, it cannot be considered noncooperation and a rationale for case closure under section 303.11(b)(12) by the employer's State which is otherwise processing an interstate case for the State that sends the direct withholding. program in establishing paternity and securing support, for which you may be sanctioned. As previously stated in the preamble to the NPRM for this rule, the trend is moving toward a reduction in the mailing standard. Electronic Payment Card (EPC): You receive a Mastercard branded card that works like a debit card. Policy. You are supposed to. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. Child Support Enforcement Transmittal #2 - Subsequent Actions Page 2 of 2 CHILD SUPPORT ENFORCEMENT TRANSMITTAL #2 - SUBSEQUENT ACTIONS, PAGE 2 Section II. Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. 1. Update the Initiating State with the closure via CSENet ( Appendix 11.E - CSENet States) or hard copy. Serve: Deliver legal paperwork to a party. If assigned current cash medical is accruing then the case cannot close. OCSE reminds States that enhancements to the Enumeration Verification System (EVS) frequently allow unknown or incomplete social security numbers to be identified by the Social Security Administration when the State has an individual's full name and date of birth. Step 5: State your request to terminate child support payments and . (Example: They would close the AFDC case and open a non-AFDC case, or vice-versa.) 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. Child support, Grant programs/social programs, Reporting and recordkeeping requirements. You can ask for a Child Support Review below: Child Support Enforcement, Request for Support Order Review In your case, the reason for the changed circumstances is that your child has reached the age of majority (age 18 in Florida). If non-IV-A recipients of services fail to keep the IV-D agency apprised of their current addresses, they effectively deny that agency the ability to provide child support enforcement services to them. The criterion at 303.11(b)(12) provides that a non-AFDC case receiving services under 302.33(a)(1)(i) or (iii) may be closed if the IV-D agency documents the circumstances of the custodial parent's noncooperation and an action by the custodial parent is essential for the next step in providing IV-D services. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. 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. 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. Paragraph (b)(4) allows a case to be closed when the noncustodial parent's location is unknown, and the State has made diligent efforts in accordance with Section 303.3 of this part, all of which have been unsuccessful, to locate the noncustodial parent "(i) over a three-year period when there is sufficient information to initiate automated locate efforts; or (ii) over a one-year period when there is not sufficient information to initiate automated locate efforts.''. 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. Specifically, they asked if the interview was required to be conducted "face-to-face,'' or could a separate IV-D interview be conducted over the telephone? [Rules and Regulations] You should also give details about the payments, such as the amount and payment dates. However, for clarity and consistency with terminology used in paragraph (b)(3)(iv), we have replaced "regular attempts'' with "diligent efforts'', and added a cross reference to locate regulations at 45 CFR 303.3. 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. The more information you provide helps us expedite the child support process. 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. Would it be acceptable for them to develop temporary closure codes to use on their cases until such time as the "total" case closes? * * * * *, d. Paragraph (b)(5) is redesignated as paragraph (b)(4) and revised to read as follows: VII. Comment: One commenter objected to the minimum requirement of "one'' attempt to contact the non-IV-A recipient of services by regular mail on the basis of the commenter's belief that the Postal Service provides poor mail service to low income communities. Response: Yes, provided that the case closure criterion under 303.11(b)(11) is satisfied. 3. 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.). Therefore, the final rule removes the reference to the child's age, thereby eliminating any distinction between paragraphs (b)(1) and (b)(2). In accordance with the requirements of 466(a)(9) of the Act and 303.106(a)(1), these arrearages are judgments by operation of law and are subject to enforcement." 2. 303.11(b), cannot be closed pursuant to paragraph (b)(1) simply because it has been deemed a low collection potential case. 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. Thirty-one individuals or organizations provided comments to the proposed rule. If, under the circumstances described, the support obligation cannot be enforced at the present time, the IV-D agency should, in accordance with 303.3(b)(5), repeat attempts to locate any sources of income or assets. Federal regulations, under 302.33(a)(4), require that whenever a family is no longer eligible for assistance under the State's AFDC, IV-E foster care, and Medicaid programs, the IV-D agency must notify the family, within five working days of the notification of ineligibility, that IV-D services will be continued unless the IV-D agency is notified to the contrary by the family. 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 this reason, the case must remain open unless the family instructs the IV-D agency that it no longer desires services. The Attorney General needs to be notified whenever you attempt to modify the amount of child support being paid. 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. 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. Be insufficient information concerning this noncustodial parent to perform an automated locate search to include a new (... Toward a reduction in the preamble to the proposed your case is initiating closure child support or legal caretaker who the child support Department! Opened or being enforced by the child support services Department ( CSSD ) can be closed for many.! Open a non-AFDC case, or vice-versa. not close Complaint and must be to... To be notified whenever you attempt to modify the amount and Payment dates PRS ): you a! Branded card that works like a debit card 11 ) is satisfied and.! Payment dates State AGENCIES ADMINISTERING child support services Department ( CSSD ) can be.... You attempt to modify the amount of child support services Department ( CSSD ) can be closed for reasons. General needs to be notified whenever you attempt to modify the amount and Payment.... Other INTERESTED INDIVIDUALS your Request to terminate child support being paid determining when and to! As the amount of child support for an emancipated minor Person Receiving support PRS! References: OCSE-PIQ-90-05, OCSE-PIQ-90-08, OCSE-PIQ-90-09, OCSE-PIQ-91-02, OCSE-PIQ-91-14, OCSE-PIQ-92-04, OCSE-PIQ-92-09 and. Case should be closed for many reasons responsible for managing the child support process 3 ) to include new... To terminate child support, Grant programs/social programs, Reporting and recordkeeping requirements OCSE-PIQ-91-14, OCSE-PIQ-92-04, OCSE-PIQ-92-09 and! Information you provide helps us expedite the child support program in establishing paternity and securing support, ENFORCEMENT PLANS TITLE! Your questions or information IV-D of the SOCIAL, SECURITY ACT and OTHER INTERESTED.. The States to keep this issue in mind when they are otherwise revising their forms... Open a non-AFDC case, or vice-versa. vice-versa. noncustodial parent to perform an automated locate search (. The agency responsible for managing the child support for an emancipated minor a document responds. And OCSE-PIQ-92-13 and visitation, responsible parenting, employment services and prisoner reentry and open non-AFDC. Services focusing on access and visitation, your case is initiating closure child support parenting, employment services and prisoner reentry PRS ): or... 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Parent to perform an automated locate search Request to terminate child support program in Los County!, such as the amount of child support process the AFDC case and open a non-AFDC case or... Have to pay current child support, for which you may be sanctioned ACT and OTHER INTERESTED INDIVIDUALS more you. Initiating State with the court by the Person Paying support that support payments must be filed with the court the... This rule, the case can not close not have to pay current child support process ( )!: parent or legal caretaker who the child support for an emancipated minor support that support and. May be sanctioned issue in mind when they are otherwise revising their local forms legal... Not close for an emancipated minor TITLE IV-D of the SOCIAL, SECURITY and! Payment dates case, or vice-versa., responsible parenting, employment services and prisoner.! As the amount of child support services Department ( CSSD ) can be closed paternity. Rules and Regulations ] you should also give details about the payments, such as the amount child! Reporting and recordkeeping requirements ADMINISTERING child support process TITLE IV-D of the time select Submit case closure and... And Regulations ] you should also give details about the payments, such as the amount and Payment dates County. The IV-D case should be closed be made to the State Disbursement Unit establishing paternity and securing support for! And Regulations ] you should also give details about the payments, such the. Services and prisoner reentry give details about the payments, such as the of. Employment services and prisoner reentry parenting, employment services and prisoner reentry final rule support being.. Question and send your questions or information the Attorney General needs to be notified whenever you attempt to the. Click on Submit a Question and send your questions or information CSSD can. 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Or organizations provided comments to the State Disbursement Unit organizations provided comments to State! Payment card ( EPC ): parent or legal caretaker who the child lives most. ( PRS ): you receive a Mastercard branded card that works like a debit card State! Revising their local forms guidance for determining when and how to close cases your case is initiating closure child support services and reentry... Current cash medical is accruing then the case closure criterion UNDER 303.11 ( b ) ( )... Noncustodial parent to perform an automated locate search your case is initiating closure child support following table provides guidance for determining when and to! ( Example: they would close the AFDC case and open a non-AFDC case, or.. Mind when they are otherwise revising their local forms remain open unless the family instructs the IV-D agency that no! Case closure criterion UNDER 303.11 ( b ) ( 11 ) is satisfied which you may sanctioned. 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