Current through Register Vol. 46, No. 39, September 25, 2024
(a) The
Division of Child Support Enforcement within the Office of Temporary and
Disability Assistance shall establish a system for case closure.
(b) In order to be eligible for closing, a
child support case must meet at least one of the following criteria:
(1) there is no longer a current support
order and arrears are less than $500 or unenforceable under state
law;
(2) the noncustodial parent,
alleged parent, or intended parent is deceased and no further action, including
a levy against the estate, can be taken;
(3) parentage cannot be established because:
(i) the child is at least 21 years old in
this State and an action to establish parentage is barred by
an applicable statute of limitations;
(ii) a genetic test or a court or
administrative process has excluded the alleged parent or intended parent as
the father of the child and no other alleged parent or intended parent of such
child can be identified;
(iii) in
accordance with section
347.6(a)
of this Part, the child support enforcement unit has determined that it would
not be in the best interests of the child to establish parentage 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
child support enforcement unit with the recipient of child support
services;
(4) the
noncustodial parent's location is unknown and the child support enforcement
unit has made diligent efforts using multiple sources, in accordance with
section
347.7
of this Part, 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 child support
enforcement unit must determine that no income or assets are available to the
noncustodial parent which could be levied upon 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 this state has been
unable to establish reciprocity with the country;
(7) the Division of Child Support Enforcement
or the child support enforcement unit has provided location-only services to
the resident parent, legal guardian, attorney, or agent of a child who is not
receiving public assistance;
(8)
the non-public assistance recipient of child support services requests closing
of their case and there is no assignment to the state of cash medical support
or arrears which accrued under a support order;
(9) there has been a finding of good cause or
other exceptions to cooperation as set forth in section
347.5
of this Part and the appropriate unit of the social services district has
determined that support enforcement may not proceed without risk of harm to the
child or caretaker relative;
(10)
in a non-public assistance case receiving child support services or in a
non-public assistance Medicaid case when cooperation with the child support
enforcement unit is not required of the recipient of child support services,
the child support enforcement unit is unable to contact the recipient of child
support 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
receiving child support services or in a non-public assistance Medicaid case
when cooperation with the child support enforcement unit is not required of the
recipient of child support services, the child support enforcement unit
documents the circumstances of the noncooperation of the recipient of child
support services and an action by the recipient of child support services is
essential for the next step in providing child support services;
(12) the child support enforcement unit
documents failure by the initiating agency to take an action which is essential
for the next step in providing child support services;
(13) the initiating agency has notified the
responding agency that it has closed its case; or
(14) the initiating agency has notified the
responding agency that its services are no longer needed.
(c) In cases meeting the criteria in
paragraphs (b)(1) through (6) and (10) through (12) of this section, the child
support enforcement unit must notify the recipient of child support services,
or in an intergovernmental case meeting the criteria for case closing under
paragraph (b)(12) of this section, the initiating agency, in writing, 60
calendar days prior to closure of the case of the child support enforcement
unit's intent to close the case. The case must be kept open if the recipient of
child support services or the initiating agency supplies information which
could lead to the establishment of parentage or a support order, or enforcement
of an order, or, in the instance of paragraph (b)(10) of this section, if
contact is re-established with the recipient of child support services. If the
case is closed, the former recipient of child support 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 parentage or a support order or
enforcement of an order by completing a new application for child support
services and paying any applicable application fee.
(d) The child support enforcement unit must
retain all records for cases closed pursuant to this section for a minimum of
three years.
