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					                 Division of Child Support Services
   Employee Reference Guide - Standard Operating Procedure 1140
                 Case Closure Guidelines for IV-D Cases
Objective:
To close cases and / or terminate child support services on those IV-D cases that meet the
Federal closure criteria or are otherwise subject to closure.

State Authority:
Georgia Law: None in O.C.G.A.
DCSS Policy Manual – Policy 11.0

Federal Authority:
42 CFR 433.146 and 433.147; 45 CFR 74; 45 CFR 302.31, .33, .35 and .70 and
45 CFR 303.5, 303.7 and 303.11

Applicability:
All Georgia Child Support offices receiving Title IV-D funds including all private vendors
contracted with the Department of Human Services to provide child support services.

Required Case Conditions:
Any IV-D case that meets the below criterion

Important Considerations:
 The closure criteria in this Procedure do not apply to Non-IV-D cases, however, ERG
   Procedure 660 describes when you must convert the case to Non-IVD rather than
   close the case,
 Never close any case that contains:
    o Unresolved dishonored payments;
    o Uncollected/outstanding debts/fees owed to the State


Action:
1140.01 Federal Regulation Case Closure Criteria (45CFR 303.11)
To be eligible for closure, a case must meet at least one of the following criterions:
A. Current support is no longer owed and arrears are under $500 or are unenforceable
   under State law.* [CSENET GSC01] [45 CFR 303.11(b)(1)].
* No Georgia law exists for “unenforceable” under state law.
B. The NCP or putative father is deceased and no further action, including a levy against
   their estate can be taken [CSENET GSC02] [45 CFR 303.11(b)(2)];
   Note: Prior to closure, the local office should attempt to contact the Probate Court in
   the county where the NCP resided to determine if there is an estate and assets that
   can be levied. Document that contact in the CAL.
C. Paternity cannot be established because: [CSENET GSC03] [45 CFR 303.11(b)(3)]
   1. The child is at least 18 years old and action to establish paternity is barred by a
      statute of limitations in accordance with 45 CFR 302.70(a)(5).
      Mail FormNCE to the CP notifying them that DCSS can no longer establish
      paternity and plans to close the case in 60 calendar days. The 60-day closure
      FormMNC is not needed.
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   2. A genetic test excluded the putative father (PF) and no other PF is identified;
   3. A GA DCSS office has determined that it would not be in the best interests of the
      child to establish paternity (i.e., incest or forcible rape or any case where adoption
      proceedings are pending); or
   4. The biological father is unknown and cannot be identified, even after diligent efforts,
      including at least one interview with the CP.
D. NCP's whereabouts are unknown and GA DCSS has made regular unsuccessful
   attempts using multiple sources to locate the NCP; [CSENET GSC04]
   [45 CFR 303.11(b)(4)];
   1. Over a three year period when there is sufficient information (a DOB and/or SSN) to
       initiate an automated locate effort, [CSENET GSC04A]; or
   2. Over a one-year period when there is insufficient information (no DOB or SSN) to
       initiate an automated locate effort. [CSENET GSC04B];
E. NCP is unable to pay support for the balance of the duration of the child's minority
   because they have been institutionalized in a psychiatric facility, are incarcerated with
   no chance for parole or have a medically verified total and permanent disability with no
   evidence of support potential. You must also determine that no income or assets are
   available to the NCP that could be levied or attached for support [CSENET GSC05]
   [45 CFR 303.11(b)(5)];
F. NCP is a citizen of and lives in a foreign country, does not work for the US Federal
   government nor any private sector company with headquarters or offices in the United
   States, has no reachable domestic income or assets; and there is no reciprocity with
   that foreign country [CSENET GSC06] [45 CFR 303.11(b)(6)];
G. GA DCSS has completed "locate-only" services [CSENET GSC07]
   [45 CFR 303.11(b)(7)];
H. 1. When a Non-TANF CP requests closure of their case in writing, and
      [CSENET GSC08] [45 CFR 303.11(b)(8)];
       there is no assignment to the State of medical support,
       there are no outstanding debts/fees owed to the State, and
       there is no assignment of arrears (public assistance) that accrued under a
           support order.
      Note: Once a CP is asked to provide a written closure request, take no further
      action until that written request is received.
      I. Do not notify an NCP if a case changes to Non-IVD if a court ordered IDO is to
           remain in effect.
      II. Also, do not notify the employer if a case changes to Non-IVD with an IDO.
      III. Mail FormMCC to the CP advising them of the conversion to Non-IVD status;
   2. When a Non-TANF CP requests closure of their case in writing, and:
       there is no assignment to the State of medical support, but
       there is an assignment of arrearages (public assistance) which accrued under a
        support order and/or there are outstanding debts/fees owed to the State; the CP
        must be informed verbally or in writing that:
        I. the case cannot be closed until the PA arrears and/or the outstanding
            debts/fees owed to the State have been paid in full;
        II. s/he is responsible to periodically determine if the PA arrears were paid; and


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          III. once the PA arrears and/or the outstanding debts/fees owed to the State are
               paid in full, the case may either:
               a. Be closed immediately, or
               b. If a court ordered IDO is in place, convert the case to Non-IV-D.
               In either case, mail FormMCC to the CP [CSENET GSC08];
       Note: Refer to ERG Procedure 660 to determine whether the IV-D case should be
       converted to Non-IVD status rather than closed.
I. A good cause finding was made by any state agency that determined enforcement may
   not proceed without risk of harm to the child or caretaker relative
   [CSENET GSC09] [45 CFR 303.11(b)(9)];
J. In a Non-TANF case, GA DCSS is unable to contact the CP within the last 60 calendar
   days after making at least one letter attempt via first-class mail sent to the last known
   address and cooperation is essential in taking the next step to provide services.
   [CSENET GSC10] [45 CFR 303.11(b)(10)]; or
K. In a non-TANF, former-TANF, or child-only Medicaid case where the CP is not
   required to cooperate as a condition of receiving Medicaid services, case closure is
   authorized if cooperation is essential in taking the next step to provide services.
   Document the circumstances of non-cooperation.
   If an active TANF is closed by DFCS after DCSS requests Termination of Benefits
   using ERG Procedure 800, the case is eligible for closure based on non-cooperation
   [CSENET FCR Closure Reason Code 11] [45 CFR 303.11(b)(11)];
L. GA DCSS documents the failure of the “initiating state” to take an action that is
   essential for the next step in providing services. Refer to ERG Procedure 100.
   [CSENET GSC012] [45 CFR 303.11(b)(12)].
In cases meeting the criteria in "A" through "F" and "J" through "L" above, DCSS must
notify the CP of the State's intent to close the case, 60 days prior to closure.
Closure under paragraph "J" will result in a 120-day delay before the case can be closed.
The first 60 day time frame begins on the date the CP is mailed the letter. After 60 days,
mail the 60-day case closure notice and wait another 60 calendar days before closing.
In Foster Care cases where an AF is excluded by genetic testing, mail the closure letter to
the DFCS office responsible for the case.
In Interstate cases, the responding state that closes a case under paragraph "L” must
notify the initiating state of case closure. The case must remain open if the CP supplies
information in response to the notice that may lead to paternity establishment, entry of a
support order or enforcement of an order. Or in the instance of paragraph "J", if contact is
reestablished with the CP. If the case is closed, the CP may ask that the case be
reopened if there is a change in circumstances that may lead to paternity establishment,
entry of a support order or enforcement of an order.
For further information refer to Case Closure - Section 1006 of the Assessment Manual
located on the Manuals Tab of the Staff Only Page.

1140.02 Other Closure Criteria
In addition to the above federally required closure criteria a case may be closed if:
A. Case was referred to DCSS by DFCS in error and the CP does not want services. For
    instance, a Child-Only MAO case. Refer to ERG Procedure 107 for details.


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B. IV-D case meets one or more of the case closure clearance scenarios and criteria in
   ERG Procedure 660. Such closures require appropriate notice to CP.
C. Arrears-only case and payments due the CP are being received, but the CP is unable
   to access the payments due to incarceration. Such closures require appropriate notice
   to the CP.
   To prevent closure of this type of case, the CP can either:
    Provide DCSS with a completed Direct Deposit form to be deposited at a
      commercial bank within the 60-day time frame indicated in FormMNC, or,
    Provide a Power of Attorney directing payments to another payee on their behalf.
D. Upon review it is determined there is a duplicate case on $TARS. The duplicate case
   can be closed using code ICX, without mailing a closure notice.

1140.03 60-Day Closure Notice
For reasons in paragraphs 1140.00 A-F and J-L, and 1140.03 C, mail the CP (or other
state) a 60-day closure notice. After the 60-days has expired, mail a final notice.
No advance 60-day case closure notice is necessary for closures under paragraphs G, H
and I. Mail the final notice FormMCC or do a CSNet transaction when applicable.

1140.04 Coding Closed Cases on $TARS
Change the case status code on $TARS or convert the case to Non IV-D. If the case is
converted to Non-IVD status, transfer it to Office 230 where it will remain until the IDO is
terminated, is no longer in effect or until the case becomes a IV-D case.
Note: $TARS will NOT process payments posted to closed cases and will automatically
refund them to the NCP. If money refunds, you will be notified 15 days in advance to
determine if the refund is accurate or should be reposted. Also determine if closure should
be immediate or after payments have stopped.
Additionally, a closed case will NOT automatically reopen if the TANF case reopens,
however the case manager will get a prompt. If a CP has a history of going off and on
welfare or reapplying for Non-TANF, you should NOT close the case.

1140.05 NCP APPLICANT CLOSURES
Federal Regulations do not specifically address this type of case, however NCPs are a
non-IVA applicant "recipient of service". Therefore, closure regulations apply to any
applicant. Look at each case to determine whether the action requested can be taken
without the cooperation of the CP. If not and you cannot take the case to the next step,
mail a 60-day closure notice with an explanation as to why you cannot proceed and
document the circumstances in the case action log.

1140.06 Retention of Closed Cases
All closed cases must be archived for a minimum of three years before they can be
considered for destruction. Refer to Records Retention ERG Procedure 1141.




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