A. This section
sets forth the Division's system and standards for the closing of its cases. In
order to be eligible for closing, the case must meet at least one of the
following criteria:
1. There is no longer a
current support order and arrearages are under $500 or unenforceable under
State law;
2. The noncustodial
parent or putative father is deceased and no further action, including a levy
against the estate, can be taken;
3. Paternity cannot be established because:
(i) The child is at least 18 years old and
action to establish paternity is barred by a statute of limitations which meets
the requirements of
45 C.F.R. §
302.70(a)(5);
(ii) A genetic test or a court or
administrative process has excluded the putative father and no other putative
father can be identified;
(iii) In
accordance with
45 C.F.R. §
303.5(b), the Division has
determined that it would not be in the best interests of the child to establish
paternity in a case involving incest or rape, or in any case where legal
proceedings for adoption are pending; or
(iv) The identity of the biological father is
unknown and cannot be identified after diligent efforts, including at least one
interview by the Division with the recipient of services.
4. The noncustodial parent's location is
unknown, and the Division has made diligent efforts using multiple sources, in
accordance with
45 C.F.R. §
303.3, all of which have been unsuccessful,
to locate the noncustodial parent:
(i) Over a
three-year period when there is sufficient information to initiate an automated
locate effort, or
(ii) Over a
one-year period when there is not sufficient information to Initiate an
automated locate effort.
5. The noncustodial parent cannot pay support
for the duration of the child's minority because the parent has been
institutionalized in a psychiatric facility, is incarcerated with no chance for
parole, or has a medically-verified total and permanent disability with no
evidence of support potential. The Division must also determine that no income
or assets are available to the noncustodial parent which could be levied or
attached for support.
6. The
noncustodial parent is a citizen of, and lives in, a foreign country, does not
work for the Federal government or a company with headquarters or offices in
the United States, and has no reachable domestic income or assets; and the
Division has been unable to establish reciprocity with the country;
7. The Division has provided location-only
services as requested under
45 C.F.R. §
302.35(c)(3);
8. The non-IV-A recipient of services
requests closure of a case and there is no assignment to the State of medical
support under
42 C.F.R.
433.146 or of arrearages which accrued under
a support order;
9. There has been
a finding by the responsible State agency of good cause or other exceptions to
cooperation with the Division and the State or local IV-A, IV-D, IV-E, Medicaid
or food stamp agency has determined that support enforcement may not proceed
without risk of harm to the child or caretaker relative;
10. In a non-IV-A case receiving services
under
45
C.F.R. §
302.33(a)(1) (i) or
(iii) [non-welfare applicant or former public
assistance recipient], or under
45
C.F.R. §
302.33(a)(1)(ii)
[medical-only recipient] when cooperation with the Division is not required of
the recipient of services, the Division is unable to contact the recipient of
services within a 60 calendar day period despite an attempt of at least one
letter sent by first class mail to the last known address;
11. In a non-IV-A case receiving services
under
45
C.F.R. §
302.33(a)(1) (i) or
(iii) [non-welfare applicant or former public
assistance recipient], or under
45
C.F.R. §
302.33(a)(1)(ii)
[medical-only recipient] when cooperation with the Division is not required of
the recipient of services, the Division documents the circumstances of the
recipient of services' noncooperation and an action by the recipient of
services is essential for the next step in providing IV-D services;
12. When the Division is the responding
agency in an intergovernmental case, the Division documents failure by the
initiating agency to take an action which is essential for the next step in
providing services;
13. When the
Division is the responding agency in an intergovernmental case, the initiating
agency has notified the Division that the initiating State has closed its case
under
45 C.F.R.
§
303.7(c)(11);
or
14. When the Division is the
responding agency in an intergovernmental case, the initiating agency has
notified the Division that its intergovernmental services are no longer
needed.
B. In cases
meeting the criteria in paragraphs (A)(1) through (6) and (10) through (12) of
this section, the Division must notify the recipient of services, or in an
intergovernmental case meeting the criteria for closure under (A)(12), the
initiating agency, in writing 60 calendar days prior to closure of the case of
the Division's intent to close the case. The case must be kept open if the
recipient of services or the initiating agency supplies information in response
to the notice which could lead to the establishment of paternity or a support
order or enforcement of an order, or, in the instance of paragraph (A)(10) of
this section, if contact is reestablished with the recipient of services. If
the case is closed, the former recipient of services may request at a later
date that the case be reopened if there is a change in circumstances which
could lead to the establishment of paternity or a support order or enforcement
of an order by completing a new application for IV-D services and paying any
applicable application fee.
C. The
Division must retain all records for cases closed pursuant to this section for
a minimum of three years, in accordance with 45 C.F.R. part 74.
