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. If the recipient of services fails to keep the IV-D program apprised of his/her mailing address, child support cannot be distributed. Pursuant to 303.11(c), the State is not required to send the 60-day notice of case closure in cases closed under 303.11(b)(9). Question 7: What should a responding State do when an initiating State requests the responding State to close the case and either does not provide a reason for closure, or offers an explanation that does not conform with the case closure criteria set forth in 303.11(b)? f. Newly redesignated paragraph (b)(9) is revised to read as follows: ATTACHMENT: Attached is a final ruleVisit disclaimer page(PDF), published in the Federal Register March 10, 1999 (64 FR 11810) revising Federal regulations outlining criteria for closing child support enforcement cases, in response to the Presidents Memorandum of March 4, 1995, to reduce or eliminate mandated burdens on States, other governmental agencies or the private section. A parent does not have to pay current child support for an emancipated minor. It is OCSE policy that because the statute specifically states that any individual may apply for IV-D program services, we cannot exclude a category of applicants. Click on the Cases tab. 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? The reason for this is to allow the recipient of services, who may have just moved, sufficient time to contact the IV-D agency to provide his/her new address. Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. National Medical Support Notice (NMSN): A notice that acts as an order requiring the employer (or other group providing health insurance) to enroll the employees child in the employers health insurance plan. Decisions to close cases are linked with notice to recipients of the intent to close the case and an opportunity to respond with information or a request that the case be kept open. Also, since States must meet Federal location requirements set forth in 45 CFR 303.3, diligent efforts to obtain the data elements critical for an automated search must occur and be unsuccessful before a State may consider closing the case using criteria in paragraph (b)(4). Response: As we stated in the preamble to the final rule, published on February 26, 1991 (56 FR 7988), for the implementation of P.L. The State requesting the information must comply with the location timeframes established in 303.3(b)(3). Question 9: Is redirection of payments an appropriate way to handle interstate cases in which the custodial parent moves from one State to another and the obligated parent resides in a third State? The Child Support Enforcement program was established under Title IV-D by the Social Services Amendments of 1974, for the purpose of establishing paternity and child support obligations, and enforcing support owed by noncustodial parents. Summons and Complaint and Proposed Judgment (S&C): Summons and Complaint/Proposed Judgment A set of legal documents filed with the court and served on the Person Paying Support telling him or her of the lawsuit for parentage or child support. The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. Direct Deposit: You can have the payments automatically deposited into a checking or savings account. (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. Response: OCSE concurs with this recommendation and the final rule revises paragraph (b)(9) to expand good cause to include "other exceptions.''. Response: It is not necessary for a State to change the terminology within its local forms to comply with such changes OCSE is making in this final rule. Use the topics below to get information on how to use the Florida Child Support eServices website to view your case, your payments, or make updates to your case information. 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. Response: As we stated in OCSE-PIQ-91-02, a IV-D case is defined, for the purposes of the OCSE Child Support Enforcement Program Quarterly Data Report (OCSE-156) and the Child Support Enforcement Program Annual Data Summary Report (OCSE-158), as a noncustodial parent (mother, father, or putative father) who is now or eventually may be obligated under law for the support of a child or children. Comment: One commenter recommended that OCSE consider a "soft closure'' case type, for use in removing certain cases (low collection potential or where payments are legally being made directly to the family outside of the IV-D program) from the State's open case count. * * * * *, (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. Gather as much information as possible. That is, a case may be closed under the authority of this subparagraph only when, after diligent efforts (including at least one interview by the IV-D agency with the recipient of services), the name of the biological father remains unknown. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. Question 16: In a former AFDC case, where a family is receiving continued IV-D services, the IV-D agency misdirected a child support collection to the former AFDC family when the collection should have gone to another IV-D case. 303.11 on case closure criteria was reviewed to determine what changes could be made to help States with their case closure process, while ensuring that all viable cases remained open. It is not appropriate for a State to close a case upon the occurrence of the criterion set forth in paragraph (b)(10) without fully complying with the requirements of paragraph (c). Local child support agency (LCSA): The agency in each county that is responsible for managing the child support program. Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. However, we recognize that in many States there are great distances between the public and the closest IV-D office and working parents may not be able to take time off for a face-to-face interview. 4. What Happens if Child Support Isn't Paid. A PRS who is not receiving aid ("welfare") can close his or her case at any time. May the IV-D agency close the IV-D case? Question 1: May a case be closed if no action may be taken on it at the present time but it is possible that the case may be worked in the future, and it does not fit any of the case closure criteria in 303.11(b)? Response: Under 302.33(a)(4), 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, within five working days of the notification of ineligibility, notify the family that IV-D services will be continued unless the family notifies the IV-D agency otherwise. Second, the State must have made diligent efforts in accordance with the Federal locate requirements in section 303.3, using multiple sources, to locate the noncustodial parent. Click here for step-by-step instructions **. Some fees may be associated with the Electronic Payment Card. allowed to continue to use certified mailings for their case closure notices. In addition, information provided by the custodial parent such as former addresses or employers could lead to identification of the noncustodial parent's social security number. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. IX.This section describes cases where the noncustodial parent applies for IV-D services. Technical corrections to the standards for program operations deleting this requirement were published in the Federal Register June 25, 1990 (55 FR 25839) and disseminated in OCSE-AT-90-5, dated July 6, 1990. Click Resolve beside each step. regulations, and opportunities for improvement. VIII.This section provides guidance on completing the OCSE reporting forms. As stated in the preamble to the proposed rule, although OCSE is revising this regulation to provide the States with additional flexibility to manage their IV-D caseloads, we are aware of the necessity to balance this flexibility against the program's mission to ensure that the public receives needed child support enforcement services. and i want to know what they mean with 'Your case is initiating closure' More Child support Ask a lawyer - it's free! k. In addition to the amendments set forth above, remove the words "absent parent('s)'', and add, in their place, the words "noncustodial parent('s)'' in the following places: (3) Newly redesignated paragraph (b)(5); and. What does it mean when child support said Your case is initiating closure i am cooperating with the prosses and the genetic texting . Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. Response: Yes, OCSE concurs with this recommendation and the final rule revises paragraph (c) to require the responding State, upon deciding to close a case pursuant to the authority of paragraph (b)(12), to send a notice of case closure to the initiating State. Child Support Enforcement Transmittal #2 - Subsequent Actions Page 2 of 2 CHILD SUPPORT ENFORCEMENT TRANSMITTAL #2 - SUBSEQUENT ACTIONS, PAGE 2 Section II. Case ClosureHomeChild SupportCase ClosureGet Case InformationApply for Child SupportMake a Payment OnlineChild support cases close for different reasons. This means the judicial officer may enter a final Judgment based on the terms of the Proposed Judgment, without a court hearing and without any input from the PPS. 5. * * * * *. Congress made it clear that determinations of good cause were to be "defined, taking into account the best interests of the child, and applied'' by the State agency. 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. The IV-D agency must notify the Medicaid agency of the refusal to cooperate. In non-IV-A cases the IV-D program is required to distribute child support collections to the recipient of services. 3. 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. Since the criteria is the same for both subsections, the distinction is unnecessary. 6. Notification to the custodial parent that the custodial parent may be required to reimburse the IV-D agency for any misdirected child support collections received by the custodial parent could be included in the notice to the family regarding continuation of IV-D services. Response: No. Guideline Calculator: The California Guideline Child Support Calculator Online tool that can be used to estimate the amount of child support that may be ordered in your case. State A must offer, and continue to provide, all appropriate IV-D services and meet the relevant interstate and program standards requirements, until the new initiating State, State B establishes a new interstate case with the responding State C and State A is notified that it may close the case. Question 4: May the IV-D agency close a IV-D case in which the noncustodial parent is incarcerated but is expected to be released before the child reaches the age of majority? Also, in the second sentence, the reference to "paragraph (b)(11)'' is changed to "paragraph (b)(10),'' based upon the renumbering of paragraph (b). Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. 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? It is meant to be illustrative and is not intended to be exhaustive. 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. Should a former recipient of services request IV-D services be resumed, this individual would be required to complete a new application for IV-D services and pay any applicable application fee. Child support, Grant programs/social programs, Reporting and recordkeeping requirements. Further, the responding State must notify its central registry regarding where the case has been sent. 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. PRWORA has greatly expanded the pool of locate resources which, when all States are automated, will have a significant impact upon this universe of cases. Under the clarifications provided in OCSE-AT-90-12, a case may be closed in one category and re-opened in another when the status of the case changes. Local child support agencies monitor cases to ensure court orders are being followed. Comment: One commenter requested the final rule include a definition of the term "good cause.''. Endorse key decisions and case closure for a report about a child in contact with a sex offender a young person with a significant or complex disability or complex medical needs aged 16 years 9 months or more when child protection involvement will cease before 18 years of age. This rule does not contain information collection provisions subject to review by the Office of Management and Budget under the Paperwork Reduction Act of 1995 (44 U.S.C. Section IX of this Action Transmittal addresses case closure questions raised about noncustodial parents as applicants. Question 29: May a State close a case involving a non-AFDC applicant or former recipient of AFDC, title IV-E foster care, or Medicaid when the non-AFDC individual fails to sign an agreement to pay fees or costs billed to the family? For example, when the custodial parent and the child(ren) are terminated from AFDC, the IV-D agency would, for purposes of the OCSE-156 and OCSE-158, close the case in AFDC status and re-open the case in non-AFDC status and/or AFDC arrears only status. 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. 5. 303.7 are to be used by the responding State in making this determination. Proceed with closure of your responding IV-D 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. (1) The reason for case closure determines whether the division of child support (DCS): (a) Sends a notice of intent to close; (b) Sends a notice of case closure; or (c) Notifies the other jurisdiction. (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 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. Response: There is no residency requirement for receiving IV-D services. As we stated in OCSE-PIQ-92-13, a IV-D agency may not adopt a policy of requiring IV-D obligees to request case closure of their IV-D cases while they have contracts with private collection agencies. Arrears: Past-due unpaid support, including interest. 303.11. For these reasons OCSE decided not to adopt this recommendation. For the food stamp program, the State agency responsible for administering that program is also responsible for determining good cause. . Toll-Free: (877) 423-4746. 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. Question 6: What should a responding State do if the noncustodial parent is found to be living in another State? If your child is an emancipated minor and you are required by law to pay the child support then those responsibilities to pay the child support do not just go away. 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