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? Also, in the second sentence, the reference to "paragraph (b)(11)'' is changed to "paragraph (b)(10),'' based upon the renumbering of paragraph (b). Some fees may be associated with the Electronic Payment Card. 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. [ ] The initiating agency has closed its IV-D intergovernmental case because . Comment: One commenter suggested the addition of a new criterion for case closure. In a civil case, the complainant is the plaintiff; in a criminal case, the complainant is the state. * * * * *, (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; 1. 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. 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. R. Jason de Groot. Response: Yes. III-VII.These sections offer examples of case closure involving IV-D cases on behalf of AFDC recipients, former AFDC recipients, non-AFDC Medicaid recipients, Title IV-E foster care recipients, and non-AFDC applicants for IV-D services, respectively. For example, if the noncustodial parent applies for IV-D services, and later requests case closure, the State may wish to contact the custodial parent to determine whether she/he would like to continue to receive services. 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. Judgment: A final determination by the court about the rights and responsibilities of the parties in a case, which usually establishes parentage (who the parent of the child is), and orders child support and health insurance. EFFECTIVE DATE: The final rule is effective: April 9, 1999. [FR Doc. 5. Response: Automated location attempts do not require statewide automated systems. RELATED OCSE-AT-90-12, OCSE-AT-91-09 and OCSE-PIQ-89-05. Question 12: Must IV-D agencies reopen previously closed public assistance IV-D cases at the time of periodic redetermination of eligibility for public assistance if there is no new information which could help lead to establishment of paternity, or establishment or enforcement of child support order? As noted above, one State responded to the NPRM with the request that they be. This final rule is not a "major'' rule as defined in Chapter 8 of 5 U.S.C. In short, it means that the mother is not cooperating with the Dept. 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. The removal of (b)(2) necessitates that paragraphs (b)(3) and (b)(4) be redesignated as paragraphs (b)(2) and (b)(3). In all cases, the child support specialist will try to locate the non-custodial party by checking federal, state and local sources to find the mailing address, employment or assets of the non-custodial party. 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. Case Closure Checklist Why Didn't My Case Close 2. Response: In this final rule OCSE makes a distinction between "identifying'' and "locating'' the noncustodial parent. . Another commenter offered a related suggestion. 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. HTML PDF: 388-14A-7110: The division of child support may enforce interest on amounts owed under support orders entered or established in a jurisdiction other than Washington state. 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. * * * * *, g. Newly redesignated paragraph (b)(10) is revised to read as follows: 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. In light of these considerations, this recommendation was not adopted. The CSEA may also terminate a support order when the mother and father of the child marry or re-marry. 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[.]'' 3. 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. Comment: One commenter suggested that the final rule incorporate a 60 calendar day time frame to the paragraph (b)(12) interstate case closure criterion. If you have a checking account and would prefer to receive your child support payment via direct deposit you may download the form . You may need to take action in order to have your child support stopped, particularly if your wages are being garnished. As part of the regulation reinvention effort, Sec. 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 requested that the final rule clarify that paragraph (b)(12) applied in both assistance and nonassistance cases. Such a case is open and being worked by only one State. In the final Program Standards regulations dated August 4, 1989 (54 FR 32284), and issued in OCSE-AT-89-15, we gave examples of appropriate instances in which to close cases. If location attempts under 303.3(b)(1), (2), and (3) are unsuccessful, the responding State should so inform the initiating State IV-D agency and request any additional information that may help in the location effort, as set forth in 303.3(b)(5). Further, the responding State must notify its central registry regarding where the case has been sent. Response: Yes, this recommendation was adopted by including paragraph (b)(12) closures in the sections referenced by paragraph (c), which incorporates a 60 calendar day case closure time frame. However, the custodial parent may avoid closure by responding with the necessary cooperation during the 60-day notice period. program in establishing paternity and securing support, for which you may be sanctioned. Because OCSE expects that all States will implement certified statewide automated systems as required by law, we are confident that this rule's reliance upon enhanced automated locate resources will prove beneficial to both the IV-D program and the families we serve. 303.11; Case Closure Criteria. When the IV-D agency in the custodial parent's old State of residence is notified by the IV-D agency in the custodial parent's new 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 the custodial parent's old State of residence may close the IV-D case. 3. The proposed rule clarifies the situations in which States may close child support cases and makes other technical changes. Q. Response: If the IV-D agency enters into a cooperative agreement to implement this requirement in accordance with the authority at 45 CFR 302.12(a)(3), then the other entity would perform this interview as IV-D staff. Paragraph (b)(3)(iv) allows a case to be closed when the identity of the biological father is unknown, and cannot be identified after diligent efforts, including at least one interview by the Title IV-D agency with the recipient of services. As specified in OCSE-PIQ-91-14, in cases in which the noncustodial parent is unknown or so little information is available that no automated locate sources can be accessed, the IV-D agency should contact the custodial parent at least annually to determine whether any new information is available that would allow further action to be taken. 651 through 658, 660, 663, 664, 666, 667, 1302, 1396a(a)(25), 1396(d)(2), 1396b(o), 1396b(p), and 1396(k). 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. If the term "recipient of services'' more accurately reflects the individual at issue, then the States should consider making a change in this terminology at that time. May the IV-D agency close the IV-D case? Response: No. Description of Regulatory Provisions---Sec. 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-92-04, a State may close a case only if the applicant for services requests closure and the requirements of 303.11(b)(9) are met. 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. 1 thing divorcing couples fight over. Response: These comments will not be incorporated because we believe that the term "recipient of services'' best describes the individual at issue. Garnishing earnings is a simple approach to carry out child support orders while one parent is out of the country. (10) In a non-IV-A case receiving services under Sec. 3507(d)). 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). 5. 93.563, Child Support Enforcement Program). Under this provision, the IV-D agency cannot open a IV-D case on behalf of a non-AFDC individual who applies for services under 302.33(a)(1)(i) unless that individual has paid the application fee in cases where the State does not pay the fee. State law governs the particular circumstances and duration for which a temporary child support order is enforceable. * * * * *, (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. Child support cases do not automatically close when a child turns 18 or emancipates. You can receive support payments easier, faster and have access to the funds 24 hours a day, 7 days a week. 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. For this reason, the case must remain open unless the family instructs the IV-D agency that it no longer desires 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? Response: A State is free to continue the requirement that at least one attempt to contact the service recipient be conducted by certified mail. However, if the identity of the noncustodial parent is known, but his/her location is unknown, then there are multiple locate resources available to the IV-D agency. 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? In addition, the references to "custodial parent'' are revised to read "recipient of services,'' for the reasons explained above. 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? Each State has laws designed to afford protection to the general public, including civil servants. Order: A command of the court that decides an issue or directs action. 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