Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 351 - Maine Child Support Enforcement Manual › Chapter 3 - SUPPORT ENFORCEMENT SERVICES › Section 144-351-3-6 - CASE CLOSURE

Current through 2024-29, July 17, 2024
A. This section
				  sets forth the Division's system and standards for the closing of its cases. In
				  order to be eligible for closing, the case must meet at least one of the
				  following criteria:
1. There is no longer a
				  current support order and arrearages are under $500 or unenforceable under
				  State law;
2. The noncustodial
				  parent or putative father is deceased and no further action, including a levy
				  against the estate, can be taken;
3. Paternity cannot be established because:
(i) The child is at least 18 years old and
				  action to establish paternity is barred by a statute of limitations which meets
				  the requirements of
				  45 C.F.R. §
													302.70(a)(5);
(ii) A genetic test or a court or
				  administrative process has excluded the putative father and no other putative
				  father can be identified;
(iii) In
				  accordance with
				  45 C.F.R. §
													303.5(b), the Division has
				  determined that it would not be in the best interests of the child to establish
				  paternity in a case involving incest or 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 Division with the recipient of services.
4. The noncustodial parent's location is
				  unknown, and the Division has made diligent efforts using multiple sources, in
				  accordance with
				  45 C.F.R. §
												303.3, 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 Division must also determine that no income
				  or assets are available to the noncustodial parent which could be levied 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 the
				  Division has been unable to establish reciprocity with the country;
7. The Division has provided location-only
				  services as requested under
				  45 C.F.R. §
												302.35(c)(3);
8. 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 C.F.R.
				  433.146 or of arrearages which accrued under
				  a support order;
9. There has been
				  a finding by the responsible State agency of good cause or other exceptions to
				  cooperation with the Division and the State or local IV-A, IV-D, IV-E, Medicaid
				  or food stamp agency has determined that support enforcement may not proceed
				  without risk of harm to the child or caretaker relative;
10. In a non-IV-A case receiving services
				  under
				  45
				  C.F.R. §
												302.33(a)(1) (i) or
				  (iii) [non-welfare applicant or former public
				  assistance recipient], or under
				  45
				  C.F.R. §
												302.33(a)(1)(ii)
				  [medical-only recipient] when cooperation with the Division is not required of
				  the recipient of services, the Division is unable to contact the recipient of
				  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-IV-A case receiving services
				  under
				  45
				  C.F.R. §
												302.33(a)(1) (i) or
				  (iii) [non-welfare applicant or former public
				  assistance recipient], or under
				  45
				  C.F.R. §
												302.33(a)(1)(ii)
				  [medical-only recipient] when cooperation with the Division is not required of
				  the recipient of services, the Division documents the circumstances of the
				  recipient of services' noncooperation and an action by the recipient of
				  services is essential for the next step in providing IV-D services;
12. When the Division is the responding
				  agency in an intergovernmental case, the Division documents failure by the
				  initiating agency to take an action which is essential for the next step in
				  providing services;
13. When the
				  Division is the responding agency in an intergovernmental case, the initiating
				  agency has notified the Division that the initiating State has closed its case
				  under
				  45 C.F.R.
				  §
												303.7(c)(11);
				  or
14. When the Division is the
				  responding agency in an intergovernmental case, the initiating agency has
				  notified the Division that its intergovernmental services are no longer
				  needed.