New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 110 - CHILD SUPPORT PROGRAM
Subchapter 20 - CASE CLOSURE
Section 10:110-20.2 - Retention of case records

Universal Citation: NJ Admin Code 10:110-20.2

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Each entity providing IV-D services shall retain all material normally kept in the IV-D case record, for the time periods indicated in (b) below in accordance with 45 C.F.R. 74. At the expiration of such time period the respective entity may, at its option, destroy records in accordance with the retention period indicated in (b) below.

(b) Retention periods are as follows:

1. All case records shall be retained for a period of three and one-third years after agency action, court action, and/or all arrears have been satisfied, and:
i. The non-custodial parent has died during the effective period that a court order for support existed;

ii. The custodial parent terminates his or her assistance grant and no court order for child support existed at any time;

iii. The custodial parent terminates his or her assistance grant and all amounts owed to the county agency have been satisfied;

iv. Cases in which legitimate and repeated efforts over time to locate putative fathers or obligors are unsuccessful because of inadequate identifying or location information; or

v. When in intergovernmental cases in which the IV-D Agency, as the responding jurisdiction, lacks jurisdiction to work a case, and the initiating jurisdiction has not responded to a request for additional information or case closure.

2. All case records shall be retained in each instance of unresolved "suits and claims" matters, open and unpaid assigned support cases, or unpaid arrearage amounts cases, until the question is resolved, then retained accordingly, as follows:
i. Case records shall be retained for a period of three and one-third years after recovery of all arrears owed to the county agency and:
(1) The custodial parent terminates assistance; or

(2) The custodial parent is receiving an assistance grant, an order for support exists or efforts are continuing to establish an order for support.

(c) The case records shall be destroyed in a manner that ensures the protection of all confidential information contained in the case records. A permanent record shall be maintained showing the date and the manner in which each case folder was destroyed.

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