Oregon Administrative Rules › Chapter 137 - DEPARTMENT OF JUSTICE › Division 55 - OREGON CHILD SUPPORT PROGRAM › Section 137-055-1120 - Case Closure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 administrator may elect to close a case if the case meets at least one of the
			 following criteria and supporting documentation for the case closure decision
			 is maintained in the case record:
(a) There is
			 no longer a current support order and arrearages are under $500 or
			 unenforceable under state law;
(b)
			 There is no longer a current support order and all arrearages in the case are
			 assigned to the state;
(c) There is
			 no longer a current support order, the children have reached the age of
			 majority, the obligor is entering or has entered long-term care arrangements
			 (such as a residential care facility or home health care), and that parent has
			 no income or assets available above the subsistence level that could be levied
			 or attached for support;
(d) The
			 obligor or alleged father is deceased and no further action, including a levy
			 against the estate, can be taken;
(e) The obligor is living with the minor
			 child (as the primary caregiver or in an intact two-parent household), and the
			 administrator has determined that services are not appropriate or are no longer
			 appropriate;
(f) Paternity cannot
			 be established because:
(A) The child is at
			 least 18 years old and an action to establish paternity has not been
			 initiated;
(B) A genetic test or a
			 court or an administrative process has excluded the alleged father and no other
			 alleged father can be identified;
(C) The administrator 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. For the purposes of this paragraph, a determination by
			 the Oregon Department of Human Services that paternity establishment is not in
			 the best interests of the child will be considered a determination by the
			 administrator; or
(D) The identity
			 of the biological father is unknown and cannot be identified after diligent
			 efforts, including at least one interview by the administrator with the
			 recipient of services;
(g) The obligor's location is unknown, and
			 the administrator has made diligent efforts using multiple sources to locate
			 the obligor, in accordance with
			 45 CFR
			 303.3, all of which have been unsuccessful:
(A) Over a two-year period when there is
			 sufficient information to initiate an automated locate effort; or
(B) Over a six-month period when there is not
			 sufficient information to initiate an automated locate effort; or
(C) 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;
(h) The administrator has determined that
			 throughout the duration of the child's minority (or after the child has reached
			 the age of majority), the obligor 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 administrator must also determine that the obligor
			 has no income or assets available above the subsistence level that could be
			 levied or attached for support;
(i)
			 The obligor's sole income is from:
(A)
			 Supplemental Security Income (SSI) payments; or
(B) Both SSI payments and either Social
			 Security Disability Insurance (SSDI) or Social Security Retirement (SSR)
			 benefits.
(j) The
			 obligor 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;
(k) The state parent locator service has
			 provided location-only services as requested under
			 45 CFR
			 302.35(c)(3);
(L) The non-TANF recipient of services
			 requests closure of a case and there is no assignment to the state of medical
			 support or of arrearages that accrued under a support order;
(m) The administrator has completed a
			 paternity-only limited service application;
(n) The Oregon Department of Human Services,
			 Oregon Health Authority, or the administrator, pursuant to OAR 137-055-1090,
			 has made a finding of good cause or other exceptions to cooperation with the
			 Oregon Child Support Program and has determined that support enforcement may
			 not proceed without risk of harm to the child or caretaker relative;
(o) In a non-TANF case, or a Medicaid case
			 when cooperation with the Oregon Child Support Program is not required of the
			 recipient of services, the administrator is unable to contact the recipient
			 despite a good faith effort to contact the recipient through at least two
			 different methods;
(p) In a
			 non-TANF case, or a Medicaid case when cooperation with the Oregon Child
			 Support Program is not required of the recipient of services, the administrator
			 documents the circumstances of the recipient's noncooperation and an action by
			 the recipient of services is essential for the next step in providing IV-D
			 services;
(q) The administrator
			 documents failure by the initiating agency to take an action that is essential
			 for the next step in providing services;
(r) The initiating agency has notified the
			 administrator that the initiating state has closed its case;
(s) The initiating agency has notified the
			 administrator that its intergovernmental services are no longer
			 needed;
(t) The Oregon Department
			 of Human Services or Oregon Health Authority has referred a case to the Oregon
			 Child Support Program 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; or
(u)
			 The obligee is deceased and no trustee or personal representative has requested
			 services to collect arrears despite a good faith effort to contact a
			 representative of the obligee through at least two different methods.