01/85 Revised 04/13/18 Training Complete 04/27/18
45 CFR 302.33
Continuing Services Notice to Custodial Parent
Federal regulations require the Office of Recovery Services/Child Support Services (ORS/CSS) to provide continuing child support service even when a custodial parent’s (CP) IV-A and/or Medicaid assistance terminates. 45 CFR 302.33(a)(4) states:
“Whenever a family is no longer eligible for assistance under the State's title IV-A and Medicaid programs, the IV-D agency must notify the family, within five working days of the notification of ineligibility, that IV-D services will be continued unless the family notifies the IV-D agency that it no longer wants services but instead wants to close the case. This notice must inform the family of the benefits and consequences of continuing to receive IV-D services, including the available services and the State's fees, cost recovery, and distribution policies.” (Emphasis added.)
ORSIS will automatically generate the Continuing Services Notice to the CP. This letter explains that if the recipient was receiving child and medical support services those services will continue unless the CP requests that all services be terminated. This letter also explains that if the recipient was receiving medical-only services, those services will continue unless the CP request full services (child and medical support) or requests the case be closed. This means that once the CP closes off of assistance and ORSIS generates the letter, it does not matter what option(s) the CP selected in Section XI: Request for Services on the Application for Services, the case must remain open unless the CP requests case closure or until it meets one of the federal closure criteria. For additional information on case closure criteria, refer to the Procedures section below and CS 061P Case Closure Overview. The letter also describes CSS services and fees.
1. If the post office returns the Continuing Services Notice because the CP has moved and there is no forwarding address, send the 60 Day Closure Notice by regular first class mail to the same address and wait 60 days before starting any case closure proceedings. If a new address is not provided or discovered, close the case.
If the letter returns with a forwarding address, change the CP’s address on ORSIS and re-mail the letter.
2. If the former IV-A and/or Medicaid recipient calls and requests termination of CSS services and case closure, document the request in the case narrative. You may require the case closure request to be in writing (e.g., if the CP made the request over the phone and you want to verify s/he is actually the CP.
a. If there are no IV-A debts owed on the case, close the case.
b. If IV-A debts are still owed on the case, discontinue Non-IV-A collections and end the Non-IV-A debt.
If the non-custodial parent (NCP) is paying through income withholding, stop or modify the Notice to Withhold, depending on whether you are closing the case or just ending the Non-IV-A debt.
3. Inform the CP that the NCP will be notified to pay support directly to the CP. Generate and send the “Non-IV-A Pay Obligee Directly” letter to the NCP.
When an individual terminates IV-A cash assistance, a Non-IV-A debt will automatically begin to accumulate on ORSIS (except in specified relative situations). If the individual reapplies and receives IV-A assistance, the debt will automatically accumulate on the IV-A debt on ORSIS.
When the IV-A/Medicaid case is closed, continue to provide both child support and medical support services to the former IV-A/Medicaid recipient. Do not require a Non-IV-A application for services unless the CP notifies you to close the case and later reapplies for services. If you need specific updated information from the CP before you can take the next step on the case, you may ask the CP to complete the Parents’ Update Information Form , or you may request the specific information from the CP in writing.
The continuing services CP may NOT decline medical support services when the Medicaid case is closed. If the CP notifies CSS that s/he does not want medical support services, inform the CP that child support services cannot be provided without medical support services and that CSS must enforce the medical support provision. If the support order does not include a medical support provision, it will need to be modified to include this provision. If the insurance lapses, CSS must enforce the medical support obligation. If the CP still does not want medical support services, close the case. Document all CP requests in the case narrative.
When the CP’s Medicaid-only case is closed, continue to provide medical support only services, unless the CP informs you that s/he wants full child support services or wants to terminate ALL services. If the CP requests the case be closed, close the case. Document the CP’s request in the case narrative.
NOTE: CSS does not provide medical-only services to an applicant of IV-D services. CSS only provides medical-only services when the recipient is on Medicaid only, or it is a medical-only continuing services case.
Continuing Services for Children in Care Cases
When a child leaves Foster Care or Youth Corrections placement and CSS has an open child support case, the Children in Care (CIC) team notifies the CSS team to add the CIC child back on to the CSS case. If the CSS case was closed because all the children were placed into state’s custody, the CIC team will notify the CSS team to reinstate the case when one or more of the children are returned to the parent.
Continuing Services for Specified Relative Cases
When a specified relative goes off IV-A and/or Medicaid assistance, CSS must provide continuing services to the specified relative to the extent possible IF the specified relative continues to have physical custody of the child(ren). Generally, when a specified relative goes off IV-A and/or Medicaid, it is because the child(ren) has left the home. Therefore, when a specified relative’s IV-A case is closed on PACMIS, automatic debt roll will NOT occur on the CSS case.