South Dakota Administrative Rules › Title 67 - Department of Social Services › Article 67:18 - Child support enforcement › Chapter 67:18:01 - Child support enforcement program › Section 67:18:01:19 - Termination of services - Case closure

Current through Register Vol. 51, page 10, July 15, 2024
The department may close a case and terminate services, including any
	 orders for withholding income, 60 days after sending a written notice to the
	 recipient of services at any of these times:
(1) There is no longer a current support
  order and arrearages are under $500 or unenforceable under state law;
(2) There is no longer a current support
  order and all arrearages in the case are assigned to the State;
(3) There is no longer a current support
  order, the children have reached the age of majority, the noncustodial parent
  is entering or has entered long-term care arrangements, and the noncustodial
  parent has no income or assets available above the subsistence level that could
  be levied or attached for support;
(4) The noncustodial parent or alleged father
  of the child is deceased and no further action, including a levy against the
  estate, can be taken;
(5) The
  noncustodial parent is living with the minor child as the primary caretaker or
  in an intact two parent household, and the IV-D agency has determined that
  services are not appropriate or are no longer appropriate;
(6) Paternity cannot be established because
  the child is at least 18 years old and further action to establish paternity is
  barred by the statute of limitations;
(7) Paternity cannot be established because a
  genetic test, a court, or an administrative process has excluded the alleged
  father and no other putative father can be identified;
(8) Paternity cannot be established because
  it would not be in the best interests of the child to establish paternity in a
  case involving incest, rape, or pending adoption proceedings;
(9) Paternity cannot be established because
  the identity of the biological father is unknown and cannot be identified after
  diligent efforts, including at least one interview with the recipient of
  services;
(10) The noncustodial
  parent's location is unknown and the department has made diligent efforts,
  using multiple sources, all of which have been unsuccessful, to locate the
  noncustodial parent over a two-year period when there is sufficient information
  to initiate an automated locate effort, or over a six-month period when there
  is not sufficient information to initiate an automated locate effort, or 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;
(11) The department has
  determined that throughout the duration of the childs 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 . Before the notice is sent,
  the department must determine that the noncustodial parent has no income or
  assets available above the subsistence level that could be levied or attached
  for support;
(12) The noncustodial
  parents sole income is from Supplemental Security Income (SSI) payments or both
  concurrent SSI payments and Social Security Disability Insurance (SSDI)
  benefits;
(13) 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;
(14) The department has been unable to
  contact the recipient of services despite a good faith effort to contact the
  recipient through at least two different methods;
(15) The department has documented evidence
  that the recipient has not cooperated and because action by the recipient is
  essential for the next enforcement step; and
(16) The department has documented a failure
  by the initiating agency to take an action that is essential for the next step
  in providing services.
The department may not close any case requiring 60 days notice if the
	 recipient or initiating agency contacts the department in response to the
	 notice within the 60 days and provides information which could lead to the
	 establishment or enforcement of a support order.
The department shall immediately close a case and terminate services,
	 including any orders for withholding of income, at any of these times:
(a) Immediately after the department provides
  only locator services as requested by the recipient, attorney, or guardian of
  the child;
(b) Immediately at the
  request of the recipient if there is no assignment of medical support or of
  arrearages due to the department;
(c) Immediately after the department finds
  good cause for the recipient's failure to cooperate and determines that the
  establishment of support or support enforcement may cause risk or harm to the
  child or the caretaker relative;
(d) Immediately at the request of the
  initiating agency if notified that the initiating agency has closed its case or
  has notified the responding agency that its intergovernmental services are no
  longer needed.