New Jersey Administrative Code › Title 10 - HUMAN SERVICES › Chapter 110 - CHILD SUPPORT PROGRAM › Subchapter 20 - CASE CLOSURE › Section 10:110-20.3 - Case closure criteria

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The
				Department's OCSS shall ensure that case closure policies are implemented and
				followed in the Program in accordance with
				45 C.F.R.
				303.11 for the Program to be administratively
				responsible in maintaining a caseload that includes cases in which there is
				adequate information or likelihood of successfully providing child support
				services.
(b) Notice shall be
				provided to recipients of child support services of the intent to close the
				case by the IV-D Agency in accordance with the provisions of (d) below, and
				that they have the opportunity to respond with information or a request to keep
				the case open prior to any action to close the case.
(c) Circumstances under which a case could be
				closed shall meet at least one of the following criteria:
1. There is no longer a current support order
				and arrearages are under $ 500.00 or unenforceable under State
				statutes;
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 has reached the age of majority
				and action to establish paternity is barred pursuant to
				9:17-38 et seq.;
ii. A genetic test or 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 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 forcible 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 IV-D Agency with the recipient of services;
4. The NCP's location is unknown
				and the IV-D Agency has made diligent efforts using multiple sources, in
				accordance with 45 CFR
				303.3, all of which have been unsuccessful,
				to locate the NCP:
i. Over a two-year period
				when there is sufficient information to initiate an automated locate effort;
				or
ii. Over a six-month period when
				there is not sufficient information to initiate an automated locate
				effort;
iii. After a one-year
				period when there is sufficient information to initiate an automated locate
				effort, but locate interfaces are unable to verify a Social Security
				number.
5. 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 IV-D Agency
				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;
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 IV-D Agency or the OCSE has
				been unable to establish reciprocity with the country;
7. The IV-D Agency has provided location-only
				services as requested by the recipient 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 CWA/CSU of good cause or other exceptions to cooperation with
				the IV-D Agency, and the CWA/CSU has determined that support enforcement may
				not proceed without risk of harm to the child or caretaker relative;
10. When in a non-public assistance case or a
				former assistance case under WFNJ/TANF, IV-E foster care, or Medicaid receiving
				child support services the IV-D Agency 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-public assistance case or a
				former assistance case under WFNJ/TANF, IV-E foster care, or Medicaid receiving
				child support services, the IV-D Agency documents the circumstances of the
				recipient of services non-cooperation, and an action by the recipient of
				services is essential for the next step in providing IV-D services;
12. The IV-D Agency as the responding
				jurisdiction on an intergovernmental case documents failure by the initiating
				jurisdiction or Indian Tribe/Tribal organization child support enforcement
				agency to take an action, which is essential for the next step in providing
				services;
13. The initiating agency
				has notified the responding state that the initiating state has closed its case
				under 45 CFR
				303.7(c)(11);
14. The initiating agency has notified the
				responding state that its intergovernmental services are no longer
				needed;
15. There is no longer a
				current support order and all arrearages in the case are assigned to the
				State;
16. 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;
17. The noncustodial parent's sole income is
				from:
i. Supplemental Security Income (SSI)
				payments made in accordance with section 1601 et seq., of Title XVI of the
				Social Security Act, 42
				U.S.C. §§
												1381 et seq.;
				or
ii. Both SSI payments and Social
				Security Disability Insurance benefits or Social Security Retirement benefits
				under Title II of the Social Security Act;
18. The IV-D agency has completed a limited
				service pursuant to 45 CFR
				302.33(a)(6); or
19. 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.