New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 110 - CHILD SUPPORT PROGRAM
Subchapter 20 - CASE CLOSURE
Section 10:110-20.3 - Case closure criteria

Universal Citation: NJ Admin Code 10:110-20.3

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

(a) The Department's OCSS shall ensure that case closure policies are implemented and followed in the Program in accordance with 45 C.F.R. 303.11 for the Program to be administratively responsible in maintaining a caseload that includes cases in which there is adequate information or likelihood of successfully providing child support services.

(b) Notice shall be provided to recipients of child support services of the intent to close the case by the IV-D Agency in accordance with the provisions of (d) below, and that they have the opportunity to respond with information or a request to keep the case open prior to any action to close the case.

(c) Circumstances under which a case could be closed shall meet at least one of the following criteria:

1. There is no longer a current support order and arrearages are under $ 500.00 or unenforceable under State statutes;

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 has reached the age of majority and action to establish paternity is barred pursuant to 9:17-38 et seq.;

ii. A genetic test or 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 IV-D Agency has determined that it would not be in the best interests of the child to establish paternity in a case involving incest or forcible 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 IV-D Agency with the recipient of services;

4. The NCP's location is unknown and the IV-D Agency has made diligent efforts using multiple sources, in accordance with 45 CFR 303.3, all of which have been unsuccessful, to locate the NCP:
i. Over a two-year period when there is sufficient information to initiate an automated locate effort; or

ii. Over a six-month period when there is not sufficient information to initiate an automated locate effort;

iii. After a one-year period when there is sufficient information to initiate an automated locate effort, but locate interfaces are unable to verify a Social Security number.

5. The IV-D agency has determined that throughout the duration of the child's minority (or after the child has reached the age of majority), the noncustodial parent cannot pay support and shows no evidence of support potential because the parent has been institutionalized in a psychiatric facility, is incarcerated, or has a medically-verified total and permanent disability. The IV-D Agency must also determine that the noncustodial parent has no income or assets available above the subsistence level that 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 IV-D Agency or the OCSE has been unable to establish reciprocity with the country;

7. The IV-D Agency has provided location-only services as requested by the recipient 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 CWA/CSU of good cause or other exceptions to cooperation with the IV-D Agency, and the CWA/CSU has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative;

10. When in a non-public assistance case or a former assistance case under WFNJ/TANF, IV-E foster care, or Medicaid receiving child support services the IV-D Agency 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-public assistance case or a former assistance case under WFNJ/TANF, IV-E foster care, or Medicaid receiving child support services, the IV-D Agency documents the circumstances of the recipient of services non-cooperation, and an action by the recipient of services is essential for the next step in providing IV-D services;

12. The IV-D Agency as the responding jurisdiction on an intergovernmental case documents failure by the initiating jurisdiction or Indian Tribe/Tribal organization child support enforcement agency to take an action, which is essential for the next step in providing services;

13. The initiating agency has notified the responding state that the initiating state has closed its case under 45 CFR 303.7(c)(11);

14. The initiating agency has notified the responding state that its intergovernmental services are no longer needed;

15. There is no longer a current support order and all arrearages in the case are assigned to the State;

16. The noncustodial parent is living with the minor child (as the primary caregiver or in an intact two parent household), and the IV-D agency has determined that services are not appropriate or are no longer appropriate;

17. The noncustodial parent's sole income is from:
i. Supplemental Security Income (SSI) payments made in accordance with section 1601 et seq., of Title XVI of the Social Security Act, 42 U.S.C. §§ 1381 et seq.; or

ii. Both SSI payments and Social Security Disability Insurance benefits or Social Security Retirement benefits under Title II of the Social Security Act;

18. The IV-D agency has completed a limited service pursuant to 45 CFR 302.33(a)(6); or

19. Another assistance program, including IV-A, IV-E, SNAP, and Medicaid, has referred a case to the IV-D agency that is inappropriate to establish, enforce, or continue to enforce a child support order and the custodial or noncustodial parent has not applied for services.

(d) In cases meeting the criteria in (c)1 through 6 and 10 through 12 above, the IV-D Agency must notify the recipient of services, or in an intergovernmental case meeting the criteria for closure under (c)12 above the initiating jurisdiction, in writing, 60 calendar days prior to closure of the case of the State's intent to close the case.

1. The case must be kept open if the recipient of services or the initiating State 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 (c)10 above, if contact is reestablished with the recipient of services.

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