Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.14 - Termination of Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Case
				closure criteria.
a. The child
				support recovery unit may terminate services when the case meets at least one
				of the following case closure criteria and the child support recovery unit
				maintains supporting documentation for the case closure decision in the record:
(1) There is no ongoing support obligation,
				and arrearages are under $500 or unenforceable under state law.
(2) The noncustodial parent or alleged father
				is deceased, and no further action, including a levy against the estate, can be
				taken.
(3) The noncustodial parent
				is living with the minor child as the primary caregiver, the custodial parent
				is deceased, and there is no assignment to the state of support or of
				arrearages that accrued under the support order.
(4) The child support recovery unit cannot
				establish paternity because:
1. The child is
				at least 18 years old and the statute of limitations bars an action to
				establish paternity;
2. A genetic
				test or a court or administrative process has excluded the alleged father and
				no other alleged father can be identified;
3. The child support recovery unit has
				determined that it would not be in the best interest of the child to establish
				paternity in a case that involves incest or rape or a case in which legal
				proceedings for adoption are pending; or
4. The identity of the biological father is
				unknown and cannot be identified after diligent efforts, including at least one
				interview by the child support recovery unit with the recipient of
				services.
(5) The
				noncustodial parent's location is unknown and the child support recovery unit
				has made diligent efforts to locate the noncustodial parent using multiple
				sources, in accordance with regulations in
				45 CFR
				303.3 as amended to September 1, 2022, all of
				which have been unsuccessful, within the applicable time frame:
1. Over a three-year period when there is
				sufficient information to initiate an automated locate effort.
2. Over a one-year period when there is not
				sufficient information to initiate an automated locate effort.
(6) The child support recovery
				unit 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 child support
				recovery unit 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.
(7) The noncustodial
				parent's sole income is from supplemental security income (SSI)
				payments.
(8) 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.
(9) In a case involving child support
				services to a person who is not a recipient of public assistance, the child
				support recovery unit has provided location-only services.
(10) The child support recovery unit has
				received a written or verbal request from the recipient of services to close
				the case, and there is no assignment to the state of support or of arrearages
				that accrued under the support order.
(11) In a case involving child support
				services to a recipient of public assistance, there has been a finding of good
				cause or other exception in a public assistance case as specified in
				441-subrules 41.22(8) through 41.22(12) and 441-subrule 75.14(3), including a
				determination that support enforcement may not proceed without risk or harm to
				the child or caretaker relative.
(12) In a case involving child support
				services to a person who is not a recipient of public assistance or who is a
				recipient of public assistance receiving Medicaid only, the child support
				recovery unit has received information that the address in the unit's record is
				no longer current and the unit is unable to contact or otherwise locate the
				recipient within 60 days following receipt of this information, despite a
				good-faith effort to contact the recipient through at least two different
				methods.
(13) In a case involving
				child support services to a person who is not a recipient of public assistance
				or who is a recipient of public assistance receiving Medicaid only, the
				recipient of services has failed to cooperate with the child support recovery
				unit, which documented the circumstances of the noncooperation, and an action
				by the recipient of services is essential for the next step in providing
				services. (See rule 441-95.19 (252B).)
(14) The child support recovery unit
				documents failure by the initiating agency, as defined under
				45 CFR
				301.1 as amended to September 1, 2022, to
				take an action that is essential for the next step in providing
				services.
(15) The initiating
				agency, as defined under 45
				CFR 301.1 as amended to September 1, 2022,
				has notified the child support recovery unit that the initiating agency has
				closed its case.
(16) The
				initiating agency, as defined under
				45 CFR
				301.1 as amended to September 1, 2022, has
				notified the child support recovery unit that its intergovernmental services
				are no longer needed.
(17) Another
				assistance program, including IV-A, IV-E, SNAP, and Medicaid, has referred to
				the child support recovery unit a case for which it is inappropriate to
				establish, enforce, or continue to enforce a child support order and the
				custodial or noncustodial parent has not applied for child support
				services.
(18) The case meets any
				other basis for case closure based upon federal law.