your case is initiating closure child support

It would clearly be illogical to allow noncustodial parents to apply for IV-D services and not to allow them to request case closure. 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. c. Paragraph (b)(4) is redesignated as paragraph (b)(3) and amended by adding paragraph (b)(3)(iv) to read as follows: State governments are not considered small entities under the Act. Response: As we stated in OCSE-PIQ-89-05, the IV-D agency must provide IV-D services to any individual who applies for services, regardless of whether the custodial parent wishes to have the IV-D agency assist in obtaining support, as long as the provision of services is in the best interests of the child. Case Closure Complete Guide 3. 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. 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). Further, the responding State must notify its central registry regarding where the case has been sent. By waiting an additional 60 calendar days, a State will be able to save itself the time and trouble of closing and then reopening a great number of cases. [FR Doc. Make sure you have a current version of Adobe Reader. VI. 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. Response: No. The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. SUMMARY: This final rule amends Federal regulations which govern the case closure procedures for the child support enforcement program. 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; 1. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. 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. (B) In addition to the general responsibilities described in rule 5101:12-70-05.1 of the Administrative Code, the initiating CSEA has the following responsibilities: (1) Determine whether a child support order(s) exists in a case using the . 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. FPLS obtains address and employer information, as well as data on child support cases in . Close a Case - Child Support Services. 1. In addition, IV-D offices can be designed in such a fashion to heighten the personal safety and security of staff. Michigan IV-D Child Support Manual Michigan Department of Health and Human Services 3.50 Case Closure June 6, 2022 Page 3 of 70 request that the IV-D case be reopened by reapplying for IV-D services.5 Finally, per federal regulations,6 the IV-D agency must retain all records for closed IV-D cases for a minimum of three years.7 2. This does not mean that, at some time in the future, the Department of Revenue might not come after you again for child support. BACKGROUND: Since publication of regulations governing standards for program operations (54 FR 32284, August 4, 1989, as disseminated in OCSE Action Transmittal 89-15 on the same date), we have received numerous requests for clarification of the case closure criteria listed at 45 CFR 303.11(b). 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. This final rule revises Sec. This group is made up of representatives of Federal, State and local government elected officials and their staffs. The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. The Division of Child Support Enforcement (DCSE) is committed to helping parents support their children by focusing on more than just money. to issue a notice to an address they know to be obsolete. 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. This section provides guidance on interstate case closure situations. Question 2: May the IV-D agency close a case in which the custodial parent has applied for IV-D services, but the noncustodial parent's location is unknown? 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[.]'' Redirection of payments is accomplished by the second State using the Interstate Child Support Enforcement Transmittal form to request redirection by the first State of any payments received from the third State. This final rule amends redesignated paragraph (b)(4) by adding new subparagraphs (i) and (ii). Title IV, Part D of the Social Security Act (42 U.S.C. 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). Response: No. Response: There is no residency requirement for IV-D services, so the IV-D agency must continue to provide services. * * * * *, (c) In cases meeting the criteria in paragraphs (b) (1) through (6) and (10) through (12) of this section, the State must notify the recipient of services, or in an interstate case meeting the criteria for closure under (b)(12), the initiating State, in writing 60 calendar days prior to closure of the case of the State's intent to close the case. We received thirty-one comments from representatives of State and local IV-D agencies, national organizations, advocacy groups and private citizens on the proposed rule published February 24, 1998 in the Federal Register (63 FR 9172). 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. Contents Note: Do not close the case if the remaining arrears are being collected through an enforcement action (e.g. There are several ways to enroll. 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.''. 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. 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. Case Closure Matrix Page 3 of 5 3.50E1 (Rev. 303.11. Comment: Two commenters objected to what they perceived to be a subjective standard in paragraph (b)(12) under which the responding State is authorized to close an interstate case when it documents a failure on the part of the initiating State to take an action which is essential for the next step in providing services. Emancipate: Refers to legal emancipation, which frees a minor child (under 18) from the parents control if the minor marries, joins the armed forces, or gets a court order of emancipation. The fact that a case is closed has noimpact on the underlying orders for support. 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. Comment: One commenter objected to the criterion of (b)(10) on the basis that this would allow the States to close many "workable'' cases. 303.11(b), cannot be closed pursuant to paragraph (b)(1) simply because it has been deemed a low collection potential case. To find out if your case may be transferred, contact your current CSEA. This second letter is separate from the letter of contact described in paragraph (b)(10). Q. When a case does not fall within one of the case closure criteria set forth at 303.11(b), it must remain open and be worked by the IV-D agency. The Department has determined that this rule is consistent with these priorities and principles. In fact, in some of these situations, it may not be appropriate to close the case, let alone send the notice of case closure. 302.33(a)(1) (i) or (iii), the IV-D agency is unable to contact the recipient of services within a 60 calendar day period despite an attempt of at least one letter sent by first class mail to the last known address; Comment: One commenter requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. CASE CLOSURE OF TITLE IV-E FOSTER CARE CASES. The existing regulations have included the requirement to send this notice in situations where the case is closed under former paragraph (b)(3)/new paragraph (b)(2) which is based upon the death of the obligor because the recipient of services may have knowledge of available assets in the decedent's estate. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. 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