7. The IV-D agency must notify the Medicaid agency of the refusal to cooperate. 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). However, in interstate location requests, responding States are not required to conduct the quarterly repeat location attempts as specified in 303.3(b)(5). (10) In a non-IV-A case receiving services under Sec. Response: No. 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. Response: Once the IV-D agency has closed a case pursuant to an appropriate case closure criterion under 303.11, it need not continue to provide enforcement services. 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? However, OCSE believes that a good number of these service recipients will contact the IV-D program and provide their new addresses. This will open the Maintain Case page. In the former case, the locate request is not considered an interstate referral. Comment: One commenter requested the final rule include a definition of the term "good cause.''. In fact, this standard has been in existence since 1989, when the Federal case closure regulation was originally promulgated and remains the basis for case closure under former paragraph (b)(12)/new paragraph (b)(11). 4. 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). Direct Deposit: You can have the payments automatically deposited into a checking or savings account. [ ] The initiating agency has closed its IV-D intergovernmental case because . (Catalog of Federal Domestic Assistance Programs No. From the Federal RegisterVisit disclaimer page(PDF), -----------------------------------------------------------------------, DEPARTMENT OF HEALTH AND HUMAN SERVICES Another commenter objected that this term was too broad and recommended that the term "custodial parent'' be retained. This will open the Case Closure page. As we stated in OCSE-PIQ-90-08, the IV-D agency still would be required, as specified under 303.11(c), to notify the custodial parent in writing 60 calendar days prior to closure of the State's intent to close the case. The notice of case closure is not to be limited solely to instances where the case is being closed due to the noncooperation of the recipient of services. Click here for step-by-step instructions **. The responding State may close its case file only after the initiating State, or the State where the noncustodial parent is located, acknowledges that it has received the transferred case file from the responding State. 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. * * * * *. As we stated in OCSE-PIQ-90-09, redirection of payments by the State receiving IV-D collections is an appropriate way to handle interstate cases when the custodial parent moves from one State to another and the noncustodial parent resides in a third 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. 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. Income Withholding Order (IWO): Income Withholding Order A document that tells an employer to withhold a specific amount of money from a Person Paying Support's wages for support and to send it to the State Disbursement Unit. 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? , GA 30303. The State must also provide the custodial parent with written notice of case closure 60 days before closing the case pursuant to 303.11(c). Question 5: May a responding State close an incoming interstate locate request when the noncustodial parent cannot be located in the responding State, or must the responding State IV-D agency continue to perform quarterly location attempts, under 303.3(b)(5), for three years before being able to close the case, under 303.11(b)(5)? Both commenters recommended that a reference to "other exceptions'' be included in paragraph (b)(9) when the final rule was issued. Comment: One reviewer questioned whether a temporary order would apply to the requirement at paragraph (b)(1) that "there is no longer a current support order?''. The authority citation for Part 303 continues to read as follows: Authority: 42 U.S.C. OCSE is addressing the continuation of services issue in IV-E cases in another rulemaking activity. Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. This final rule amends redesignated paragraph (b)(3) to include a new subparagraph (iv). (g) CSS accepts applications for locate only services, per OAC 340:25-5-155. 3. If the amount owed to the state on the case is greater than $500, the case will not close; If the amount owed to the state on the case is greater than 0 and less than $500, the case will close, unless there has been a payment in the last 365 days. A person who seeks to initiate court proceedings against another person. Finally, once a IV-D case is established, it is inappropriate to "change'' the service recipient to another individual who neither received the appropriate form of public assistance nor applied for IV-D services. 303.11. 5.Comment: One commenter suggested that, in light of PRWORA, a reduction in the time required for automated searches was unreasonable. The IV-D agency would continue to provide all appropriate IV-D services, and would continue to expect the custodial parent's cooperation. Question 27: If States have to send the notice of intent to close the case to the custodial parent's last known address, what should be done if the family is homeless, and the only address on record with the IV-A and the IV-D agency is the address of the IV-A agency? Therefore, IV-D services must be provided regardless of whether a recipient of IV-D services has retained private counsel, unless the case meets at least one of the case closure criteria enumerated in 45 CFR 303.11(b). While the term "custodial parent" is used because that is the typical situation, it encompasses any applicant or recipient of IV-D services. 5. OCSE believes that attempts to further define cases with "low collection potential'' in regulation is inappropriate. The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. Section 388-14A-2090 - Who receives notice when DCS closes a case? From the Options drop-down, select Submit Case Closure Request and click Go. You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. 100-203 (the Omnibus Budget Reconciliation Act of 1987), IV-D cases in which the non-AFDC Medicaid recipient/custodial parent refuses to cooperate in the establishment of paternity and the securing of medical support should be treated similarly to AFDC cases in which the custodial parent refuses to cooperate. * * * * *. Skills in terminating the helping relationship are just as important as skills that are used in initiating and establishing the relationship. Closing a case when the initiating state has closed its case 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 knows certain facts that make the case eligible for case closure. However, if the State fails to provide such advance notice of potential case closure or otherwise explain the responsibilities and rights to the former AFDC family, the State may not threaten closure of the IV-D case for failure to return a misdirected child support collection. 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. As indicated previously in response to question six, the case closure by a responding State at the request of an initiating State or case closure based on any of the criteria at 303.11(b) does not affect the status of the IV-D case in the initiating State. However, the NPRM also noted that any additional flexibility provided to the States was always balanced against the need to provide families with effective child support enforcement services. We believe a one-year waiting period achieves a reasonable balance between the desire to assure that workable cases remain open and the desire to close those cases which show no promise of being workable. Question 17: What case closure criteria may be used in a IV-D case when a former AFDC mother with an unborn child has moved to another jurisdiction and the IV-D agency is notified that aid has been discontinued for the AFDC mother and aid was never granted for the unborn child of this defendant? Comment: One commenter suggested that this regulation allow a State to close the non-IV-D case that remains in existence (e.g., payment registry responsibility) after a IV-D case is closed. 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. Response: OCSE recommends that, when logistically practicable, the interview of the recipient of services be conducted in-person. 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