CASE MANAGEMENT

CS 061P Case Closure Overview

10/90 Revised 05/31/18 Training Completed 06/11/18

45 CFR 303.7 and 303.11; U.C.A 62A-11-303.5; R527-37, R527-254

 

 

45 CFR 303.11 states:

(a) The IV-D agency shall establish a system for case closure.

(b) The IV-D agency may elect to close a case if the case meets at least one of the following criteria and supporting documentation for the case closure decision is maintained in the case record:”

 

NOTE:  There are additional case closure options found in 45 CFR 303.11 that are not being adopted by the Office of Recovery Services (ORS) at this time.

 

For ORS purposes, the criteria are broken down into three categories.  Refer to the subsections below.

 

1.                   Case Closure Codes and Criteria for CSS and CIC.

2.                   Case Closure Codes and Criteria for CSS Only.

3.                   Case Closure Codes and Criteria for CIC Only.

 

 

Forms Overview

 

1.                   Applicant/Recipient Information Request.  Send this letter to the applicant on a Non-IV-A case that has been found to be uncollectible to determine if the applicant wants the case to remain open.

 

2.                   Non-IV-A Non-Cooperation Notice.  Send this letter to the applicant before closing the case CNC.

 

3.                   Incoming Interstate:  Case Closure.  Send this letter to notify a non-CSENet state on an intergovernmental case that the case will be closed in 60 days.

 

4.                   60-day Closure Notice.  Send this letter to notify the applicant/recipient of the pending case closure.

 

5.                   60-day NADC Closure Notice.  Send this letter to the applicant/recipient when there are both NADC debts and AFDC debts on the case and you are closing only the NADC portion of the case.

 

6.                   Courtesy Closure Notice.  Send this letter to the applicant when the applicant requests that his/her case be closed (RNP Closure).  The letter requires that you wait at least 10 business days before closing the case. 

 

 

Case Closure Codes and Criteria for CSS and CIC

 

The ORSIS code and the federal regulation are listed below for each of the federal closure reasons.

 

1.                   UNF – Unenforceable.  “There is no longer a current support order and arrearages are under $500 or unenforceable under State law;” [45 CFR 303.11(b)(1)].

 

NOTE:  If a case qualifies or can qualify for any other case closure code, do not use the UNF closure code.

a.                   There is no longer a current support order and arrearages are under $500.00.

i.                     Pre-order:

A.                  A IV-A or IV-E arrears only case; and,

B.                  There is no support order; and,

C.                  A potential arrears obligation would be owed to the State and under $500.00.  You must use best available information in accordance with CS 403 Income to determine the potential obligation; and,

D.                  CIC only:  The child(ren) is no longer in state custody.

ii.                   Post order:

A.                  There is no longer a current support order and the arrears are paid in full or settled in full.

B.                  There is no longer a current support order and the arrears are less than $500.00.  If the case is receiving payments, keep it open as long as payments continue to be received.  Do not close the case just because the debt is less than $500.00.  If the case is no longer receiving payments, use your best judgment concerning the probability of receiving additional payments through standard enforcement tools such as income withholding and tax intercepts.  If you believe the probability is high, keep the case open to receive additional payments.  If you believe the probability is low, close the case.  For audit purposes, whichever decision you make will pass.

 

NOTE:  Once a IV-A or IV-E arrears debt/obligation is written off using the AWOD adjustment code, it is permanently written off.  Do not reinstate the debt/obligation.  If a payment is received after the debt/obligation and/or case is closed, the Senior Agent is responsible to refund the payment and document in the case narratives why the payment was refunded.

b.                  There is no longer a current support order and the arrearages are unenforceable under state law.

i.                     Pre-Order:

A.                  A current support order has not yet been established and any potential arrears that may be owed to the state are unenforceable under the law, rule or policy of Utah in an in-state case or an intergovernmental case in which Utah is the responding state, or of the responding state in an intergovernmental case in which another state is the responding state.  If another state is the responding state, contact the state for confirmation, and document this in the case narrative.  If Utah is the responding state, notify the other state of the reason for the closure.

B.                  The child in a contested, unestablished paternity case is deceased.

ii.                   Post order:

A.                  On an arrears only case, the arrears are unenforceable due to the governing jurisdiction’s statute of limitations.

B.                  On an arrears only case, the arrears are unenforceable due to Utah’s duration of judgment laws. 

 

NOTE:  Criminal restitution orders may not be bound by the duration of judgment statute.  Therefore, before closing criminal cases with arrears, review the case with your criminal non-support representative.

C.                  On an arrears only case, the arrears are unenforceable under the law, rule, or policy of Utah in an in-state case or an intergovernmental case in which Utah is the responding state, or of the responding state in an intergovernmental case in which another state is the responding state.  If another state is the responding state, contact the state for confirmation and document this in the case narrative. If Utah is the responding state, notify the other state of the reason for the closure.

c.                   CIC only – U.C.A. 78A-6—1106 states:

“(12) After the court or the office establishes an individual’s child support obligation ordered under Subsection (3), the office shall waive the obligation without further order of the court if:

(a) the individual’s child support obligation is established under Subsection 78B-12-205(6) or Section 78B-12-302; or

(b) the individual’s only source of income is a means-tested, income replacement payment of aid, including:

(i) cash assistance provided under Title 35A, Chapter3, Part 3, Family Employment Program; or

(ii) cash benefits received under General Assistance, social security income, or social security disability income.”

 

Pursuant to U.C.A. 78A-6-1106(12), if a child support order has been established for the case and the case meets the following criteria, it is no longer enforceable under state law when:

i.                     The order is a Utah minimum order ($30 or less),

ii.                   The low income table was used to determine the current support; or,

iii.                  The NCP’s only source of income is a means-tested, income replacement payment of aid including:

A.                  FEP (Family Employment Program (formerly referred to as TANF));

B.                  GA (General Assistance);

C.                  SSI (Supplemental Security Income); or,

D.                  SSDI (Social Security Disability Insurance).

 

NOTE:  If an NCP is receiving SSI (Supplemental Security Income), do not use the UNF closure code to close these types of cases.

 

2.                   SAA – State Assigned Arrears.  “There is no longer a current support order and all arrearages in the case are assigned to the State;” [45 CFR 303.11 (b)(2)].

 

NOTE:  ORS/CSS is not adopting this closure code at this time.

 

3.                   LTC – Long Term Care.  “There is no longer a current support order, the children have reached the age of majority, the noncustodial parent is entering or has entered long-term care arrangements (such as a residential care facility or home health care), and the noncustodial parent has no income or assets available above the subsistence level that could be levied or attached for support;” [45 CFR 303.11 (b)(3)].

 

NOTE:  ORS/CSS is not adopting this closure code at this time.

 

4.                   DTH – Death of Non-Custodial Parent.  The noncustodial parent or alleged father is deceased and no further action, including a levy against the estate, can be taken;” [45 CFR 303.11(b)(4)]. 

 

Add a narrative describing the documentation verifying the death as directed in CS 026 Restricted Information, but do not maintain the documentation as part of the imaged case file.

 

5.                   LWC – Living with Child (Caregiver/Intact Two Parent Household).  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;” [45 CFR 303.11(b)(5)].

 

NOTE:  ORS/CSS is not adopting this closure code at this time.

 

6.                   Paternity cannot be established because:

a.                   ESC – Unable to Establish Paternity.  The child is at least 18 years old and an action to establish paternity is barred by a statute of limitations that meets the requirements of § 302.70(a)(5) of this chapter;” [45 CFR 303.11(b)(6)(i)].

b.                  EXC – Excluded Paternity Case.  A genetic test or a court or an administrative process has excluded the alleged father and no other alleged father can be identified;” [45 CFR 303.11(b)(6)(ii)]. 

c.                   AGC – Administrative Good Cause.  Use this code if the case is a paternity case.  If the case is NOT a paternity case, refer to the GCS closure code.

i.                     In accordance with § 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 rape . . .” [45 CFR 303.11(b)(6)(iii)].

ii.                   “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;” [45 CFR 303.11(b)(6)(iv)].  For example, the CP has cooperated in good faith with CSS even though s/he has been unable to provide the required information about the alleged father, and a CSS agent has interviewed the CP. 

d.                  ADP – Child Adopted.  In accordance with § 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 any case where legal proceedings for adoption are pending;” [45 CFR 303.11(b)(6)(iii)].

 

NOTE:  Do NOT use the ADP closure code unless paternity cannot be established.

 

7.                   CTF – Cannot Find Non-Custodial Parent.  The noncustodial parent’s location is unknown, and the State has made diligent efforts using multiple sources, in accordance with § 303.3, all of which have been unsuccessful, to locate the noncustodial parent:” [45 CFR 303.11(b)(7)]. 

 

ORS guidelines allow for a case to be closed using the CTF closure code when one of the following conditions exists:

(i) Over a two year period “. . . when there is sufficient information to initiate an automated locate effort”; [45 CFR 303.11(b)(7)(i)].

(ii) Over a one year period “. . . when there is not sufficient information to initiate an automated locate effort.”; [45 CFR 303.11(b)(7)(ii)].

(iii) “After a 1-year period when there is sufficient information to initiate an automated locate effort, but locate interfaces are unable to verify a Social Security Number.”; [45 CFR 303.11(b)(7)(iii)].

 

NOTE 1:  OCSE has allowed states the flexibility to use longer time frames than those specified in the federal code.  45 CFR 303.11(b)(7)(ii) allows for a 6-month period  when there is not sufficient information to initiate automated locate. ORS has adopted stricter time frames by extending the 6-month period to one year.

 

NOTE 2:  For purposes of ORS analysis, “sufficient information” is the date of birth and social security number of the NCP.

 

8.                   UFI – Recovery Not Possible/Impractical.  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 State 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;” [45 CFR 303.11(b)(8)].

 

If the NCP is receiving a small amount of income, but it is not sufficient enough to result in an income withholding payment of at least $20.00 per month, it will not be considered “income” for purposes of this closure criteria.  Check locate resources, including contacting the CP to determine if there are any assets that could be levied or attached for support.

 

EXAMPLE 1:  The NCP of a five year old child receives a 1 to 15 year prison term.  The case would not be eligible for closure under UFI because the NCP may be paroled before the child emancipates.

 

EXAMPLE 2:  The NCP of a five year old child receives a 15 to 20 year prison sentence.  The case is eligible for closure under UFI because the NCP must serve at least 15 years of the sentence.  This means that there is no possibility of parole before the child emancipates.  Additionally, the worker has verified that the NCP is only receiving an “income” of $30.00 per month.  (This means the income withholding would only result in a $15.00 per month payment which is less than the $20.00 threshold.)

 

9.                   SSI – Supplemental Security Income (Social Security Disability).  “The noncustodial parent's sole income is from:

(i) Supplemental Security Income (SSI) payments made in accordance with sections 1601 et seq., of title XVI of the Act, 42 U.S.C. 1381 et seq.; or  

(ii) Both SSI payments and Social Security Disability Insurance (SSDI) benefits under title II of the Act.” [45 CFR 303.11(b)(9)].

 

Take steps to attempt to verify if a participant is receiving SSI/SSDI payments.  These steps must include the following:

a.                   Check for information provided from the Federal PLS locate source and the SSI locate sub-source;

b.                  Check DWS’s system for verification of SSI/SSDI benefits; and,

c.                   Contact the local Social Security Administration (SSA) office for the area in which the participant resides.  Ask the SSA representative if the participant’s sole source of income is from SSI payments.

 

NOTE 1:  If the Federal PLS locate source is not available, you must contact the local Social Security Administration office to verify if the participant’s sole income is from SSI payments.

 

NOTE 2:  To find the participant’s local SSA office, enter the participant’s zip code in the field found at this Social Security Office Locator link:  https://secure.ssa.gov/ICON/main.jsp.

d.                  Add detailed narratives at the case-level describing the actions taken to verify if the participant’s sole source of income is from SSI payments.

 

10.               AFC – Non-Custodial Parent Lives in a Foreign Jurisdiction.  “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 there is no Federal or State treaty or reciprocity with the country;” [45 CFR 303.11(b)(10)].

 

A case qualifies for AFC closure if all of the provisions of the federal regulation are true and all of the following criteria are met:

a.                   The best available information provided to ORS indicates that the NCP is currently residing in a foreign country.  The best available information may be provided to ORS from any reliable source, including the CP, the NCP, another state agency (e.g., Department of Workforce Services (DWS)), or U.S. Immigration and Customs Enforcement (ICE);

b.                  The foreign country is not a Foreign Treaty Country (FTC) and is not a member of the Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance (referred to as the Convention). 

c.                   The foreign country is not a Foreign Reciprocating Country (FRC).  A complete list of FRCs can be found on the Intergovernmental Reference Guide (IRG). 

d.                  The case has been open for at least six (6) months;

e.                  Manual locate efforts have been completed.  ORS has not received any information that the NCP is in the United States based on a manual locate;

f.                    State benefits are not currently being issued to the NCP; and,

g.                   Automated locate efforts: 

i.                     No sufficient information (i.e., Social Security Number (SSN) and Date of Birth (DOB)) is available to initiate an automated locate effort; or,

ii.                   Sufficient information is available to initiate an automated locate effort and:

A.                  No more than 90 days have passed from the “LAST RUN” date; and,

B.                  No results were returned to indicate that the NCP is in the United States.

 

NOTE 1:  If an AFC-closed case auto reinstates within one year from the date the case was initially closed using the AFC closure code, and no new information has been received/provided (e.g., performing a quick locate, a new application, etc.), the case may be immediately closed again using AFC.  However, if the case auto-reinstates after one year from the case being initially closed using AFC, the case will need to meet the case closure criteria listed above again prior to closing the case AFC, regardless if no new information has been received/provided.

 

EXAMPLE 1:  A case qualifies for AFC closure and is closed on 04/29/2016.  The case auto-reinstates on 08/07/2016 due to the case match report.  The CP has not submitted a new application and after reviewing the case, you are unable to locate any new information indicating that the case should be reinstated.  Since the case was reinstated less than one year from the date the case was initially closed AFC, it qualifies to be closed again using AFC.

 

EXAMPLE 2:  A case qualifies for AFC closure and is closed on 04/29/2016.  The case auto-reinstates on 05/01/2017 due to the case match report.  The CP has not submitted a new application and after reviewing the case, you are unable to locate any new information.  Since the case was reinstated after one year from the date the case was initially closed AFC, the case must meet the case closure criteria for AFC closure before it can be closed again.

 

NOTE 2:  Due to the difficulty of verifying citizenship, ORS will not require a worker to attempt to verify citizenship in other countries however, it is expected that due diligence will be taken when attempting to locate evidence that the NCP was not born in the United States or that would  indicate that the NCP is not United States citizen.

 

11.               RNP – Request of Non-IV-A Applicant/Recipient or Initiating Agency. 

a.                   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 CFR 433.146 or of arrearages which accrued under a support order;” [45 CFR 303.11(b)(12)]. 

 

Only the applicant may request case closure.  The applicant may be the NCP or the CP.  When the Non-IV-A applicant requests that his/her case be closed, you must send the Courtesy Closure Notice to the applicant. 

b.                  On a Non-IV-A case, if you receive an obituary or death certificate indicating the CP applicant is deceased, close the case “RNP”.  In this situation, it is not necessary to send the Courtesy Closure Notice.

 

CIC Non-IV-E cases:  This code may only be used for CIC Non-IV-E cases.  The applicant in these situations is Division of Child and Family Services (DCFS), Division of Juvenile Justice Services (DJJS), ORS, or the Department of Human Services (DHS).

 

NOTE:  Do not use the RNP closure code if there are Utah IV-A or IV-E arrears owing on the case.

c.                   Pursuant to 45 CFR 303.11(b)(18) ORS will close a case when, “The initiating agency has notified the responding State that the initiating State has closed its case under § 303.7(c)(11).”  (§ 303.7(c)(11) refers to the requirement for an initiating state to notify the responding state within 10 business days of closing its case.)  When this notification is received, document it in the case narratives.  In this situation, it is not necessary to send the Courtesy Closure Notice.

d.                  Pursuant to 45 CFR 303.11(b)(19), “The initiating agency has notified the responding State that its intergovernmental services are no longer needed.”  The initiating agency may request closure of the case either verbally or in writing (e.g., CSENet, Child Support Enforcement Transmittal #2 – Subsequent Actions, etc.).  When the request is received, document it in the case narratives.

e.                  If the applicant/recipient moves out of Utah and is receiving cash assistance or Medicaid in another state, s/he is making an indirect request to close the Utah case.  Before closing the case “RNP”, verify that cash assistance or Medicaid or child support services are being received and document it in the case narratives; send the Courtesy Closure Notice to the applicant.

 

12.               GCS – Good Cause.  There has been a finding by the IV-D agency, or at the option of the State, by the responsible State agency of good cause or other exceptions to cooperation with the IV-D agency and the State or local assistance program, such as IV-A, IV-E, Supplemental Nutrition Assistance Program (SNAP), and Medicaid, has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative;”  [45 CFR 303.11(b)(14)]. 

 

NOTE:  Supplemental Nutrition Assistance Program (SNAP) was formerly known as food stamps.

 

13.               AMC – Administrative Closure.

a.                   The case was opened in error (e.g., it is a duplicate case).

 

NOTE 1:  If an imaged case has been opened in error, you must verify that any documents added to Content Manager while the case was open were attributed and stored in Content Manager using the correct case number prior to closing the case using AMC.  If documents were attributed to the case in error, update the document attributes to the correct case number.

b.                  The case is a specified relative case and it is determined that an order will not be established or modified. 

c.                   An alleged father applies for IV-D services to establish paternity for a child that already has paternity legally established.

d.                  CIC only: 

i.                     The juvenile court did not order paternity testing and ORSIS opened a case.

ii.                   A minor child resides with his/her mother who is also a minor child in the care of CIC (there is currently an open CIC case on the minor child/mother).  Since the minor child is residing with his/her mother (who is also a minor), there is no deprivation of support for the child and the case against the minor mother can be closed.

iii.                  A permanent Good Cause Deferral/Waiver request initiated by the parent, approved by the custodial agency and then approved by ORS.

e.                  If an NCP presents a serious threat to office personnel, the CP, or to others, notify your manager, ARD, and RD, who will consult with the CSS Director about how to proceed on the case.  If the case is to be closed, use the AMC closure reason.

 

14.               IAR – Inappropriate Agency Referral.  “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;” [45 CFR 303.11(b)(20)].

 

If a medical-only case is automatically opened due to the ORSIS/eREP Automated Case Match Report, the applicant is receiving medical benefits that do not require cooperation with CSS, AND there is not an application for services, you may close the case with the IAR closure code.

 

15.               TTA – Transfer Tribal Agency.  45 CFR 303.11(b)(21) states:  “The IV-D case, including a case with arrears assigned to the State, has been transferred to a Tribal IV-D agency and the State IV-D agency has complied with the following procedures:

(i) Before transferring the State IV-D case to a Tribal IV-D agency and closing the IV-D case with the State:

(A) The recipient of services requested the State to transfer the case to the Tribal IV-D agency and close the case with the State; or

(B) The State IV-D agency notified the recipient of services of its intent to transfer the case to the Tribal IV-D agency and close the case with the State and the recipient did not respond to the notice to transfer the case within 60 calendar days from the date notice was provided;

(ii) The State IV-D agency completely and fully transferred and closed the case; and

(iii) The State IV-D agency notified the recipient of services that the case has been transferred to the Tribal IV-D agency and closed; or

(iv) The Tribal IV-D agency has a State-Tribal agreement approved by OCSE to transfer and close cases. The State-Tribal agreement must include a provision for obtaining the consent from the recipient of services to transfer and close the case.”

 

NOTE:  If the case appears to qualify for this closure code, please contact the Policy Analyst Unit (PAU) directly for instructions on using this code.  Cases that may qualify for TTA closure will be reviewed on a case-by-case basis.  Add detailed case-level narratives regarding the consultation with PAU (e.g., date and information provided by the PAU Supervisor).

 

16.               IHS – Indian Health Services.  45 CFR 303.11(c) states:  “The IV-D agency must close a case and maintain supporting documentation for the case closure decision when the following criteria have been met:

(1) The child is eligible for health care services from the Indian Health Service (IHS); and

(2) The IV-D case was opened because of a Medicaid referral based solely upon health care services, including the Purchased/Referred Care program, provided through an Indian Health Program (as defined at 25 U.S.C. 1603(12)).”

 

NOTE:  If the case appears to qualify for this closure code, please contact the Policy Analyst Unit (PAU) directly for instructions on using this code.  Cases that may qualify for IHS closure will be reviewed on a case-by-case basis.  Add detailed case-level narratives regarding the consultation with PAU (e.g., date and information provided by the PAU Supervisor).

 

 

CS 061.3 Case Closure Codes and Criteria for CSS Only

 

1.                   FND – Locate-only Services Complete.   “The IV-D agency has provided location-only services as requested under § 302.35(c)(3) of this chapter;” [45 CFR 303.11(b)(11)].  The locate-only request may be:

a.                   “Quick” interstate locate request for another state;

b.                  A request from an authorized person to conduct locate-only services in order to locate the NCP for the purpose of establishing or enforcing a support order; or,

c.                   A request from an authorized person to conduct locate-only services in order to locate a parent or child in a parental kidnapping, custody or parent-time determination.

 

2.                   LTD – Limited Services.  “The IV-D agency has completed a limited service under § 302.33(a)(6) of this chapter;” [45 CFR 303.11(b)(13)].

 

NOTE:  ORS/CSS is not adopting this closure code at this time.

 

3.                   CLU – Client Location Unknown or MLU – Mother Location Unknown.  If the mother’s location is unknown in a paternity case and you are unable to conduct genetic testing, use the MLU – Mother Location Unknown closure code.

 

In a non-IV-A case receiving services under § 302.33(a)(1)(i) or (iii) of this chapter, or under § 302.33(a)(1)(ii) when cooperation with the IV–D agency is not required of the recipient of services, the IV-D agency is unable to contact the recipient of services despite a good faith effort to contact the recipient through at least two different methods;”  [45 CFR 303.11(b)(15)]. (Emphasis added.)  

 

ORS has determined that the methods of contacting the recipient of services should include:

 

·                     A letter to the last known valid mailing address (mandatory); and,

 

NOTE:  General Delivery addresses are not considered a “valid” mailing address for this closure code and cannot be used as the last known address.

·                     A phone call; or,

·                     An email, only if a telephone number is NOT available for the recipient.

·                     If neither a phone number nor an email address can be located, a second letter can be sent to the recipient 30 calendar days from the date the first letter was sent.

 

Follow the steps listed below for the contact methods that show a good faith effort.  

a.                   The first good faith effort is to send a letter to the recipient.  If the recipient contacts ORS, or if the letter is not returned due to a bad address, you cannot proceed with closing the case using the CLU closure code.  If the letter (or warrant) is returned to ORS due to a bad address within the 30-day time period, the first good faith effort to contact the recipient can be considered met at that time.

 

NOTE:  A letter that was generated and sent to the client within the past 30 calendar days can be used as the first good faith effort.  If a letter was generated more than 30 calendar days ago, it cannot be used as the first good faith effort, and a new letter must be sent to meet the first good faith effort criteria. 

b.                  The second good faith effort must first be attempted by phone.  If the recipient answers, you cannot proceed with closing the case using the CLU closure code.  If there is no answer, leave a message if possible, and write a detailed narrative on the case.  You must then wait 10 business days for a response.  If you do not receive a response from the recipient after 10 business days, the second good faith effort criteria has been met.

 

NOTE:  When attempting to locate a valid phone number, search all available resources.  Add a detailed narrative stating what resources were used, what phone numbers were used to reach the client and if you were able to leave a message.

c.                   If a valid phone number cannot be located for the recipient and all phone number locate efforts have been exhausted, an alternative second good faith effort may be made by email if the client has provided an email address to ORS. 

 

NOTE:  Add a detailed narrative stating where the email address was located and what email address was used when attempting to contact the client.

i.                     The CSU will then send an email to the recipient.  The email will include the following information:

A.                  The recipient’s case number and the recipient’s first and last name in the subject line;

B.                  The body of the email must state:

“Please be advised that the Office of Recovery Services (ORS) is attempting to contact you regarding your child support case with ORS.  Mail sent to your last-known address is returning to ORS as undeliverable.  We need to speak with you to update your contact information.  In order to avoid case closure and any related inconvenience to you, please contact ORS by calling (801) 536-8500, or by responding to this email with:

 

        Your current mailing address; and,

        Your current phone number where you may be reached during business hours.

 

Please respond within ten (10) working days from the date of this email.

 

 

The recipient has 10 business days to respond to CSU regarding the case status. CSU is then allowed an additional 5 business days to receive and notify the team of any response.  After a total of 15 business days from the date the request was sent, if you are able to confirm with CSU that the recipient has not responded to the email request, the second good faith effort can be considered met and you can proceed with initiating case closure using the appropriate closure code.

d.                  If neither a phone call nor an email is possible, a second letter can be sent to the last-known address to meet the second good faith effort.  The letter can be mailed 30 calendar days after the date the first letter was sent.  This option is only available if after using all available locate resources, a phone number or an email address cannot be located.  If the recipient contacts ORS, or if the letter is not returned due to a bad address, you cannot proceed with closing the case using the CLU closure code.  If the letter is returned to ORS due to a bad address within the 30-day time period, the second good faith effort to contact the recipient can be considered met at that time.    

 

4.                   CNC – Non-IV-A Client or Initiating Agency Not Cooperating.  In a non-IV-A case receiving services under § 302.33(a)(1) (i) or (iii) of this chapter, or under § 302.33(a)(1)(ii) when cooperation with the IV–D agency is not required of the recipient of services, the IV-D agency documents the circumstances of the recipient’s noncooperation and an action by the recipient of services is essential for the next step in providing IV-D services.”  [45 CFR 303.11(b)(16)]; 

 

a.                   Document circumstances of non-cooperation in the case narratives.  This closure reason is generally for pre-order cases.  However, there are some circumstances in a post order case that would allow this closure reason.  For example, there is a legal action pending that requires the recipient’s cooperation.  Do not use this closure reason if the recipient fails to respond to the Applicant/Recipient Information Request.  Send the Non-IV-A Non-Cooperation Notice to the applicant, or send the appropriate intergovernmental letter or CSENet transaction to the initiating agency before closing the case CNC.  If a non-cooperation letter was sent to the CP for the same non-cooperation issue in the last six months, you do not need to send the Non-IV-A Non-Cooperation Notice.

               

b.                  The responding agency documents failure by the initiating agency to take an action that is essential for the next step in providing services;” [45 CFR 303.11(b)(17)].  Document in the case narratives that the initiating agency has failed to respond or take an action that is essential for the next step in providing services. 

 

NOTE:  U.C.A. 62A-11-303.5 states, “Any person applying to the office for child support services shall be required to attest to the truthfulness of the information contained in the application. The attestation shall indicate that the person believes that all information provided is true and correct to the best of their knowledge and that knowingly providing false or misleading information is a violation of Section 76-8-504 and may result in prosecution, case closure for failure to cooperate, or both.”  For example, the CP/applicant alleged past-due support for a time period for which the NCP has provided proof of prior payment.  Close the case using the CNC closure code.

 

 

CS 061.4 Case Closure Codes and Criteria for CIC Only

 

1.                   CUNF – Conditionally Unenforceable.  Arrearages are zero due to one of the following reasons:

a.                   Parents with no previous child support order cooperate and are not charged for the first 60 days that the child is in care; or,

b.                  The child has been out of state’s care for two or more months and no order was established.

 

2.                   NREC – A Juvenile Court Order has Been Requested.  Use this code when a juvenile court order has not been received requiring the parents to pay child support.

 

If the court later notifies CIC that there is no order, consult with the Attorney General (AG) who would be assigned to the case to see if an ex parte order is appropriate.  If the Attorney General’s Office (AGO) will not pursue an ex parte order, close the case using the closure code “INSE”.  This process is completed by the Requestor of Court Records. 

 

3.                   NOB – Child in Custody Less Than 30 Days.  No order taken.

 

4.                   INSE – CIC Has Not Received a Juvenile Court Order Requiring the Parents to Pay Support.  A monthly report is run indicating cases where a court order is needed for children still in care.  It is sent to DCFS and DJJS.  They are then responsible for getting CIC an order.  If an order is received, the case is reinstated.