(f) When CSS staff closes a case, CSS: The IV-D agency must send to the custodial parent the 60-day case closure notice in accordance with 303.11(c). The final rule clarifies the situations in which States may close child support cases and makes other technical changes. Response: OCSE believes that, by remaining silent on the manner in which the notice of case closure is to be sent, the States are provided the maximum amount of flexibility. Prosecutor's Office may cancel the case closure process in the statewide child support system. OCSE is addressing the continuation of services issue in IV-E cases in another rulemaking activity. The response incorrectly refers to "IV-AD" in three instances, and should refer to "IV-D". PPS: Person Paying Support - Parent who the child does not live with most of the time. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. For example, cases must remain open even if there is no likelihood of immediate or great success in securing support, perhaps because of a period of incarceration. The recipient of IV-D services leaving State A does not mean the IV-D case should be closed. 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. For these reasons OCSE decided not to adopt this recommendation. 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. VII. 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 stated in the preamble to the NPRM, one of the objectives of this revision to the case closure regulation was to provide the States with additional flexibility to manage their IV-D caseloads in an efficient manner. 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. 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. Case Closure Desktop Guide 4. TO: STATE AGENCIES ADMINISTERING CHILD SUPPORT, ENFORCEMENT PLANS UNDER TITLE IV-D OF THE SOCIAL, SECURITY ACT AND OTHER INTERESTED INDIVIDUALS. 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. Federal law requires that all states have a child support program and the Uniform Interstate Family Support Act (UIFSA) governs interstate and international child support cases. As stated in the NPRM's Description of Regulatory Provisions, the purpose of this requirement was to clarify that the eligibility interview conducted by staff associated with the State's public assistance agency would not be sufficient for purposes of this subparagraph. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. Sending the notification regarding intended IV-D case closure to the custodial parent, as required under 303.11(c), does not fulfill the regulatory requirement under 302.33(a)(4). * * * * *, j. Paragraph (d) is revised to read as follows: Previously, the only distinction between paragraphs (b)(1) and (b)(2) was whether the child had reached the age of majority. For cases requiring location of the noncustodial parent or his or her income or assets, 303.3(b)(5) specifies that repeat efforts must be made on a quarterly basis or immediately upon receipt of new information. RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. 3. This section describes IV-D cases in which no action can be taken at the present time. 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? Serve: Deliver legal paperwork to a party. The courthouse is located at 600 S. Commonwealth Avenue, Los Angeles, CA 90005. Response: OCSE has decided not to adopt this suggestion. Therefore, we are unaware of any circumstances in which payments in a IV-D case flow directly from the obligor to obligee. [ ] The initiating agency has closed its IV-D intergovernmental case because . Section 303.11(b)(5) permits a IV-D agency to close a case if the "noncustodial parent's location is unknown and the State has made regular attempts using multiple sources to locate the noncustodial parent over a three-year period, all of which have been unsuccessful". This section provides guidance on interstate case closure situations. 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? The protection of IV-D staff is the responsibility of the State, and States should develop procedures to deal with such situations. 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. First, the location of the noncustodial parent must be unknown. Response: No. 3. Response: No. * * * * *, (iv) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the IV-D agency with the recipient of services; May the IV-D agency close the IV-D case? Because of this, not every individual who is unable to provide the IV-D agency with sufficient information should be determined to be not cooperating with the IV-D agency. 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. In light of these considerations, this recommendation was not adopted. A State would not be entitled to receive FFP under the IV-D program for its efforts to establish and/or enforce such an order. The IV-D agency must continue to attempt to identify and locate an alleged father and to establish paternity, if possible. Response: No. (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. Should the custodial parent request case closure, the case may be closed under 303.11(b)(9), which provides for case closure when the non-AFDC custodial parent requests closure and there is no assignment to the State of arrearages which accrued under a support order. If the responding State does not receive the needed additional information after requesting it from the initiating State, the responding State may contact the initiating State and request permission to close the case. . Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. Likewise, when a recipient of IV-D services who had applied for IV-D services later applies for and receives AFDC, the IV-D agency would close the non-AFDC case and reopen the case as an AFDC case. Child Support Services Division Office Hours Monday to Friday, 8:15 am to 4:45 pm, except District holidays Connect With Us 400 6th Street, NW, Suite 8300, Washington, DC 20001 Phone: (202) 442-9900 TTY: 711 Email: cssdcustomerservice@dc.gov Ask the Director Agency Performance Language Support - CSSD - A + A Listen Opening a Child Support Case One example which would not meet the condition for case closure under section 303.11(b)(12) involves direct withholding under the Uniform Interstate Family Support Act. This will open the Maintain Case page. VI. Order: A command of the court that decides an issue or directs action. 2. Paragraph (c) is revised to incorporate the renumbering of paragraph (b). Court Hearing: If the PPS files an Answer with the court clerk, the case will be scheduled for a court hearing. OCSE Central Office coordinates the EVS program with the Social Security Administration. Case Closure Matrix How It Works 1. regulations, and opportunities for improvement. When the court or administrative authority hears and decides factual and legal issues of the case, the parent's interests and concerns, in addition to the child's best interests, may bear on determinations with respect to the case. Response: The reasoning behind the paragraph (c) requirement that the recipient of services receive notice of the case closure is based upon the duty of the IV-D agency to keep the recipient of services informed of the actions undertaken on his/her child support case. As we stated in OCSE-PIQ-91-02 and OCSE-PIQ-91-14, the case closure criteria enumerated in 303.11(b) do not allow the IV-D agency to close the IV-D case when the AFDC custodial parent refuses to cooperate and is removed from the AFDC grant. However, as we stated in the Preamble to the Final Rule on Program Standards (54 FR 32284, at 32303, August 4, 1989) "[c]ase closure does not affect the support order or arrearages which have accrued under the order; it only means that services under the IV-D program will no longer be provided. CSSD: Los Angeles County Child Support Services Department The agency responsible for managing the child support program in Los Angeles County. Further, the responding State must notify its central registry regarding where the case has been sent. Clearly, not every TANF recipient will be able to provide the IV-D agency with sufficient information about the biological father to allow the IV-D agency to proceed with an action to establish paternity. Response: OCSE concurs with this suggestion and the reference to 45 CFR 232.40 is removed from the final rule. Closing a case in which the enrolleerequests case closure , or the custodial party (CP) is deceased, is a manual closure process, which means the statewide child support system does not automatically recognize the case closure criteria, but the Title IV-D Prosecutor's Office knows certain facts that make the case eligible for case closure. Finally, there must be insufficient information concerning this noncustodial parent to perform an automated locate search. Applicants for IV-D services must be provided with notice of case closure pursuant to 303.11(c) for case closure factors 303.11(b)(1) through (7) and (11) and (12). The card can be used everywhere Mastercard is accepted. The Department has determined that this final rule is not a significant regulatory action within the meaning of the Unfunded Mandates Reform Act of 1995. Response: As we stated in OCSE-PIQ-92-04, section 454(6) of the Act requires that child support or collection services be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State.
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