New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter A - General Welfare › Article 5 - Miscellaneous › Part 347 - Establishment of Parentage and Enforcement of Child Support › Section 347.24 - Case closing criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
			 Division of Child Support Enforcement within the Office of Temporary and
			 Disability Assistance shall establish a system for case closure.
(b) In order to be eligible for closing, a
			 child support case must meet at least one of the following criteria:
(1) there is no longer a current support
			 order and arrears are less than $500 or unenforceable under state
			 law;
(2) the noncustodial parent,
			 alleged parent, or intended parent is deceased and no further action, including
			 a levy against the estate, can be taken;
(3) parentage cannot be established because:
(i) the child is at least 21 years old in
			 this
State
and an action to establish parentage is barred by
			 an applicable statute of limitations;
(ii) a genetic test or a court or
			 administrative process has excluded the alleged parent or intended parent as
			 the father of the child and no other alleged parent or intended parent of such
			 child can be identified;
(iii) in
			 accordance with section
			 347.6(a) 
			 of this Part, the child support enforcement unit has determined that it would
			 not be in the best interests of the child to establish parentage 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
			 child support enforcement unit with the recipient of child support
			 services;
(4) the
			 noncustodial parent's location is unknown and the child support enforcement
			 unit has made diligent efforts using multiple sources, in accordance with
			 section
			 347.7 
			 of this Part, 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 child support
			 enforcement unit must determine that no income or assets are available to the
			 noncustodial parent which could be levied upon 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 this state has been
			 unable to establish reciprocity with the country;
(7) the Division of Child Support Enforcement
			 or the child support enforcement unit has provided location-only services to
			 the resident parent, legal guardian, attorney, or agent of a child who is not
			 receiving public assistance;
(8)
			 the non-public assistance recipient of child support services requests closing
			 of their case and there is no assignment to the state of cash medical support
			 or arrears which accrued under a support order;
(9) there has been a finding of good cause or
			 other exceptions to cooperation as set forth in section
			 347.5 
			 of this Part and the appropriate unit of the social services district has
			 determined that support enforcement may not proceed without risk of harm to the
			 child or caretaker relative;
(10)
			 in a non-public assistance case receiving child support services or in a
			 non-public assistance Medicaid case when cooperation with the child support
			 enforcement unit is not required of the recipient of child support services,
			 the child support enforcement unit is unable to contact the recipient of child
			 support 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
			 receiving child support services or in a non-public assistance Medicaid case
			 when cooperation with the child support enforcement unit is not required of the
			 recipient of child support services, the child support enforcement unit
			 documents the circumstances of the noncooperation of the recipient of child
			 support services and an action by the recipient of child support services is
			 essential for the next step in providing child support services;
(12) the child support enforcement unit
			 documents failure by the initiating agency to take an action which is essential
			 for the next step in providing child support services;
(13) the initiating agency has notified the
			 responding agency that it has closed its case; or
(14) the initiating agency has notified the
			 responding agency that its services are no longer needed.