[ 81 FR 93564, Dec. 20, 2016, as amended at 85 FR 35207, June 9, 2020] Three other commenters offered related recommendations that the final rule clarify that the interstate program standards in 45 CFR 303.7 apply to the application of paragraph (b)(12). To open a case in California, fill out the online application or visit your local child support agency - agency locations can be found here. 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). There will be two other parties to your SAPCR- the other parent as well as the Attorney General of Texas. The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. 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. For these reasons, OCSE has decided not to adopt this recommendation. Comment: Two commenters requested that the final rule clarify that, should a former recipient of services contact the IV-D agency to request child support enforcement services subsequent to the closure of his/her case, then this former recipient of services would be required to complete a new application and pay any applicable application fee. The case worker will send the closure request to the Responding State via CSENet or regular mail. Case Closure Matrix How It Works 1. 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). * * * * *, i. Paragraph (c) is revised to read as follows: There are no case closure criteria which permit the unilateral closure of a IV-D case by the IV-D agency because the IV-D recipient has retained private counsel. IV-D child support cases Traditionally, interstate case processing goes from a IV-AD agency in one State to a IV-AD agency in another State, which then forwards a withholding order to an employer in its State. Further, the responding State must notify its central registry regarding where the case has been sent. 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. Under the previous case closure regulations, a responding State was not free to close a case without the permission of the initiating State. 3. The regulations allowed States to close cases that were not likely to result in any collection and to concentrate their efforts on the cases that presented a likelihood of collection. 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? . Since publication of the final rule, States have encountered and brought case closure situations to the attention of OCSE. 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). Central Civil West (CCW): Central Civil West District of the Superior Court of California, County of Los Angeles. Interstate Child Support Enforcement Case Processing and UIFSA Listen You are viewing content from the ACF Archives that is no longer current but remains on our site for reference. Judicial officers: A Judge, or a Commissioner who is appointed by a Judge to hear a child support case. In addition, Sec. A noncustodial parent is counted once for each family which has a dependent child he or she may be obligated to support. 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. 4. You are supposed to. Comment: Nine commenters asked for clarification of the nature of the interview of the recipient of IV-D. services. Case Closure Checklist Why Didn't My Case Close 2. As previously stated in the preamble to the final case closure rule issued on August 4, 1989, (54 FR 32284) and in OCSE-AT-89-15, there is nothing to prohibit a State from establishing criteria which make it harder to close a case than those established in paragraph (b). In addition, this final rule is intended to provide program guidance well into the future. 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 The Act allows States to place the responsibility for making the good cause determination in either the State IV-D agency or the State agency funded under part A, part E or Title XIX. Comment: One commenter objected to the criterion of (b)(10) on the basis that this would allow the States to close many "workable'' cases. The family may have no other mailing address through which it could receive notice of case closure. Use of Federal Child Support Case Closure Regulations 2 OEI 06-00-00470 . Because of this directive OCSE is unable to adopt the suggestion of this commenter. (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 . Response: Federal regulations at 302.33(a)(4) require the IV-D agency, as part of the continuation of services for former assistance recipients, to notify the former AFDC family of their rights and responsibilities under the IV-D program, similar to the explanation given to applicants for IV-D services. Question 19: May the IV-D agency close a IV-D case in which the IV-E foster care case has been closed and there are no arrears owed to the State, or the arrears are less than $500, and no application for IV-D services has been received from the custodial parent? Response: Because this paragraph only applies to interstate cases, the program standards appearing at Sec. As explained previously in the response to question 12, under the facts presented, there is no support order, and subsequently no assignment to the State of arrearages which accrued under a support order. In accordance with 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. Response: For purposes of subparagraph (b)(3)(iv), the term "identity'' means the name of the biological father. In OCSE-AT-88-02, in response to a similar suggestion, OCSE announced that "it is not the responding State's responsibility to be in direct contact with the custodial parent and it would be overly burdensome to require them to do so.'' Serve: Deliver legal paperwork to a party. 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. 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? Person Paying Support (PPS): Parent who the child does not live with most of the time. 1. (3) Newly redesignated paragraph (b)(11). Such notice could specify that failure to repay the State under such circumstances would be considered non-cooperation and grounds for case closure. 3. Staff should prepare families for a formal closing process. 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)? 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)? VII. 303.11(b)(3)(iv), the final rule allows a case to be closed when paternity is in issue and the identity of the biological father cannot be identified after diligent efforts, which include at least one interview of the service recipient by the IV-D agency. Response: As we stated in OCSE-PIQ-92-09, under 303.2(a)(2), the IV-D agency must provide information describing available services, the individual's rights and responsibilities, and the State's fees, cost recovery, and distribution policy with each application for IV-D services, and to AFDC, Medicaid, and title IV-E foster care applicants or recipients within no more than five working days of referral to the IV-D agency. 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. However, the case closure criteria, at 303.11(b)(11) does not apply in non-AFDC Medicaid cases. 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. As part of the regulation reinvention effort, Sec. 7. Response: The 60 calendar day time frame the commenter is addressing has been required under Federal case closure regulations since the original final rule was promulgated on August 4, 1989. Update the Initiating State with the closure via CSENet ( Appendix 11.E - CSENet States) or hard copy. The Division of Child Support Services (DCSS) strives to ensure that our customers receive the highest level of service. Clearly, a case with a current child support order that does not qualify for closure under any other criteria in Sec. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. Response: The reduction of the case closure time frame, from three years to one year, appears in Sec. Specifically, these commenters asked if an entity working with the IV-D agency via a cooperative agreement would qualify as IV-D staff? 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