6.260.1CSS Case DefinitionA CSS case is defined as a noncustodial parent who has a duty, or has been alleged to have a duty, of support (not necessarily a court order) whether or not there has been a collection of support. If the noncustodial parent is responsible for the support of children in more than one family, the noncustodial parent is considered as a separate case with respect to each separate family.
6.260.21Case Record ProceduresCounty CSS Units shall establish procedures to ensure that all appropriate functions and activities related to opening a case record are undertaken and completed within the time frames specified. The time frames begin on the date of referral or acceptance of an application and end when the case is ready for the next appropriate activity, e.g. locate, establishment of paternity, establishment of a support order, or enforcement. All activities must be documented on ACSES within five working days.
6.260.22Opening a Case [Rev. eff. 9/15/12]Within twenty (20) calendar days of receipt of an application or referral of a case, the Child Support Services (CSS) Unit must:
A. Open a case by initiating a case record on the State approved automated child support system by following established procedures.B. For Title IV-A inter-county transfer cases, the new county must initiate the case on the automated child support system within five (5) working days of referral from IV-A in the new county.C. Determine necessary action needed.D. Solicit necessary information from the custodial party or other sources.E. Initiate verification of information.F. If location information is inadequate, refer the case for further location.G. Initiate an automated ledger if an order for support exists, including posting Monthly Support Obligation to the correct class and initiating any arrears balances, if such information is known. If order information is unknown when the case is initiated, the ledger must be initiated within twenty (20) days of when the order information becomes available to the Child Support Services Unit.6.260.23Maintenance of Records [Rev. eff. 11/1/13]A. For all cases, the Child Support Services Unit shall maintain a case record for each noncustodial or alleged parent which contains all information collected pertaining to the case. Such information shall include, but is not limited to the following: 1. A chronological listing of information maintained on the State approved automated child support system. Such information shall include:a. Any contacts with the recipient of IV-A, or a Low-Income Child Care Assistance recipient, or foster care placing parent who is required to cooperate with the Child Support Services Unit, the date and reason, and the results of such contact;b. Any contacts with the non-PA or Low-Income Child Care Assistance custodial party for Child Support Services, the date and reason, and the results of such contact;c. Any contacts with the noncustodial parent, the date and reason therefore, and the results of such contact;d. Any contact with any other agency involved in the case.e. Actions taken to establish or modify a support obligation, establish child support debt, establish parentage, or enforce a support obligation, the dates and results;f. Identification of the reason for and date of case closure; andg. Any other significant actions taken regarding the case as deemed necessary for caseload documentation and management.2. The referral document received from the IV-A or foster care units, or the Application for Child Support Enforcement Services form;3. The written request from the recipient/applicant or the initiating jurisdiction in a responding intergovernmental case to terminate Child Support Services;4. Information Concerning Noncustodial Parent form, as prescribed by the State Department or similar county created form;5. A record of efforts to utilize local locate resources and the dates and results of these efforts;6. A copy of the court or administrative order;7. A copy of communications to and from the IV-A or the foster care program;8. A copy of communications to and from the State Department;9. A copy of communications to and from other Child Support Services Units or agencies;10. A record of case categories and priorities assigned and reassigned to the case, the date of such determination, and identification of the individual who made the determination;11. A copy of notices to the noncustodial parent and decisions concerning contested arrears.12. An accurate and updated automated system ledger, including posting the court ordered Monthly Support Obligation and an accurate arrears balance.B. Child Support Services staff shall change case categories as prescribed by the state immediately on the automated child support system when the case is ready for the next activity in order to provide documentation that the time frames have been met.6.260.3CATEGORIZATION OF WORKLOAD6.260.31[Rev. eff. 11/1/13]The CSS Unit shall provide equal services to all cases in the caseload.
6.260.32The CSS Unit may utilize a case assessment and category system. Such system shall:A. Include all cases in the system.B. Ensure that no service including location, establishment of paternity, establishment and enforcement of support obligation is systematically excluded by the system.C. Provide for notice to the custodial party that the information provided to the CSS Unit, either initially or subsequently, may affect the relative category of the case.D. Provide that case assessment and category setting shall occur only after the intake information has been reviewed for accuracy and completeness and an attempt has been made to obtain the missing information.E. Provide for periodic review of cases and notification to the custodial party in those cases that new information may result in a category change for the case.6.260.33The CSS Unit shall modify the category of cases as case conditions change.6.260.51Notice and Reasons for Closure [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13]Unless otherwise noted, case closure requires a sixty (60) day advance notice of closure to the custodial party. For closure reasons that require notice, the Child Support Services Unit must notify the custodial party of the unit's intent to close the case by sending a notice of closure on the form prescribed by the State Department either by paper or electronic notification sixty (60) calendar days prior to closing a public assistance or non-public assistance case. The case must be left open if the custodial party or initiating agency supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order. If the case is a responding interstate case, the notice shall be sent to the initiating agency. Responding intergovernmental cases can only be closed using closure reasons "G" or "H" of this section. If the case is a foster care case, the notice of closure is not required because the custodial party (county department) initiated the request for closure based on the child(ren)'s termination from foster care placement. All records of closed cases must be retained for a minimum of three years. All documentation concerning the closure must remain in the case file.
Public assistance and non-public assistance, including Low-Income Child Care Assistance, cases may be closed for one or more of the reasons listed below or in Section 6.260.52 or 6.260.53 . If the Low-Income Child Care Assistance case is closed, the county CSS Unit must notify the appropriate county Low-Income Child Care Assistance Program.
A. There is no longer a current support order and, 1. All arrearages in the case are assigned to the state or;2. The arrearages are under $500.B. The noncustodial parent or putative father is deceased and the death has been verified through sources such as: 3. Contact with the funeral home;4. The custodial party's statement has been recorded in the case record; or,5. The Social Security Death Index, and no further action, including a levy against the estate, can be taken.C. The Child Support Services Unit determines that parentage cannot be established because: 1. The child is at least 18 years old and the action is barred by a statute of limitations;2. The results of genetic testing have excluded the alleged parent as the father of the child;3. A court or administrative process has excluded the alleged father;4. The Child Support Services Unit determines it is not in the best interest of the child to establish paternity in a case involving incest, rape, or in any case where legal proceedings for adoption are pending;5. The identity of the biological, alleged, putative, or presumed father is unknown and cannot be identified after diligent efforts, including at least one interview by the Child Support Services Unit with the custodial party; or,6. The child(ren) in the case has had his/her adoption finalized.D. The noncustodial parent's location is unknown and the Child Support Services Unit has made diligent efforts using multiple sources, pursuant to Section 6.500, all of which have been unsuccessful in locating the noncustodial parent: 1. Over a two-year period when there is sufficient information to initiate an automated locate effort; or,2. Over a one-year period when there is not sufficient information to initiate an automated locate effort. Sufficient information is defined as a name and Social Security Number and/or Individual Tax Identification Number (ITIN).3. 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. All cases in the Child Support Services caseload will be transmitted from the state case registry to the federal case registry. One step in the transmission will be to submit the case to the Enumeration Verification System (EVS) which will assist in identifying and verifying a Social Security Number.
E. The noncustodial parent cannot pay support for the duration of the child's minority (or the child has reached the age of majority), 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 above the subsistence level, which is defined as the federal poverty level. The Child Support Services Unit must determine that no income or assets are available to the noncustodial parent which could be levied or attached for support.F. The noncustodial parent's sole income is from Supplemental Security Income (SSI) payments, or both SSI payments and Social Security Disability Insurance (SSDI). This closure criterion does not apply when the parent is receiving only SSDI benefits. Paternity and support must be established in order to use this closure criterion.G. The noncustodial parent is a citizen of, and lives in, a foreign country, and does not work for the United States government or a company which has its headquarters or offices in the United States and the noncustodial parent has no reachable domestic income or assets and the federal office and the state have been unable to establish reciprocity with the foreign country.H. The initiating jurisdiction has requested in writing that the interstate case be closed. The sixty (60) day advance notice of closure is not required for these cases. Any income withholding order must be terminated and the responding case closed within ten (10) working days of the request from the initiating agency unless an alternative agreement is reached with that agency. I. The Child Support Services Unit documents failure by the initiating agency to take action which is essential for the next step in providing services.J. If a case was closed and then subsequently reopened to process child support payments received after case closure, the case should be closed once payment processing is completed. The sixty (60) day advance notice of closure is not required for these cases.K. There has been a change in legal custody in the case.L. The custodial parent is deceased.M. The responding jurisdiction does not have statutory authority to take the next appropriate action in the case.N. Unenforceable as defined in section 6.002.6.260.52Closure of Non-Public Assistance CasesNon-public assistance, including Low-Income Child Care Assistance, cases may be closed for one of the following reasons or the closure reasons in Section 6.260.51 . Unless otherwise noted, case closure requires a 60-day advance notice of closure to the custodial party. If a Low-Income Child Care Assistance case is closed the county CSS Unit must notify the appropriate county Low-Income Child Care Assistance Program.
A. The Child Support Services Unit is unable to contact the custodial party within a 60 calendar day period despite a good faith effort to contact the recipient through at least two different methods: mail, electronic, or telephone. If contact is reestablished with the custodial party in response to the notice which could lead to the establishment of paternity or support, or enforcement of an order, the case must be kept open. After a notice of case closure has been sent, if the custodial party reports a change in circumstances within the 60 days contained in the advance notice of closure, the case shall remain open.B. The Child Support Services Unit documents non-cooperation of the custodial party and that cooperation of the custodial party is essential for the next step in providing support enforcement services. If a Low-Income Child Care Assistance recipient fails to cooperate, then the county CSS Unit shall send the advance notice of closure to the recipient and to the appropriate county Child Care Assistance Program. The notice shall include the basis of the recipient's failure to cooperate and the dates on which it occurred. The applicant requests closure of the case in writing and there are no arrears owed to the State. The 60 day advance notice of closure is not required for these cases.C. The Child Support Services Unit has provided location only services as requested. The 60 day advance notice of closure is not required for these cases.D. The status of the case has changed from non-public assistance to public assistance. The 60 day advance notice is not required for these cases.E. The children have reached the age of majority, the noncustodial parent is entering or has entered long-term care arrangements (such as a residential care facility or home health care), and the noncustodial parent has no income or assets available above the subsistence level that could be levied or attached for support.F. 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.6.260.53Closure of Public Assistance CasesPublic assistance cases may be closed for one of the following reasons or the closure reasons in Section 6.260.51 . Unless otherwise noted, case closure requires a 60 day advance of closure to the custodial party.
A. The 60 day advance notice of closure is not required for these cases. There has been a finding by the county director or designated IV-A staff of good cause or other exceptions to cooperation with the Child Support Services Unit and the county has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative.B. The public assistance case has been closed and all possible assigned arrearages have been collected. The Child Support Services Unit is no longer providing services for the current monthly support obligation. The 60 day advance notice of closure is not required for these cases.C. The public assistance case has been closed, the obligor owes no public assistance arrearages, and a case has been subsequently opened as a Child Support Services non-public assistance case. The 60 day advance notice of closure is not required for these cases.D. The public assistance case has been closed, there is no order for child support, child support debt, medical coverage, foster care fees, and where, pre 1984, the custodial parent did not request continued child support services (by signing the CSE-34), or post-1984, the obligee requested closure of his/her child support case in writing. The 60 day advance notice of closure is not required.E. The children have reached the age of majority, the noncustodial parent is entering or has entered long-term care arrangements (such as a residential care facility or home health care), and the noncustodial parent has no income or assets available above the subsistence level that could be levied or attached for support.F. 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.6.260.54Closure of Foster Care Cases [Rev. eff. 10/1/09]A. In addition to the same closure reasons as public assistance cases under Section 6.260.53, foster care fee cases may also be closed because: 1. The child(ren)'s foster care placement has been terminated; and,2. There is no longer a current support order; and,3. Either no arrears are owed or arrearages are under $500 or unenforceable under state law.B. If the child(ren) is in foster care placement, a foster care fee or foster care child support case may be closed: 1. If there is an order terminating parental rights; and,2. There is no longer a current support order; and,3. Either no arrears are owed or arrearages are under $500 or unenforceable under state law. A sixty day advance notice of closure is required to close a foster care child support case, but is not required to close a foster care fee case.
6.260.55Closure of Caretaker Relative CasesChild support staff shall not close, at the request of the caretaker relative, one of the two cases against biological parents in caretaker relative cases where each of the biological parents have child support cases.
6.260.56Tribal ClosureTribal closure codes will be used by the County Child Support Services Unit when dealing with Tribal IV-D programs. These codes will designate the different closure requests made by the tribal nations.
6.260.6IMAGING [Rev. eff. 4/1/12]Certified forms of the imaging of the case records may be substituted for the original case records upon prior written approval by the State Department.
Such approval may be granted when the Child Support Services Unit provides the State Department with the methods and procedures that conform to federal standards for the imaging of records.
6.260.7EXPEDITED PROCESSES FOR CHILD SUPPORT ESTABLISHMENT AND ENFORCEMENT ACTIONS [Rev. eff. 4/1/12]County child support units must develop, have in effect, and use procedures for all cases which ensure compliance with expedited process requirements. The procedures must include meeting the expedited process time frames for processing CSS actions based upon the following criteria:
A. Actions to establish an order for support (and paternity, if not previously established) must be completed from the date of service of process to the time of disposition within the following time frames: 1. Seventy five percent (75%) in six (6) months; and,2. Ninety percent (90%) in twelve (12) months.B. When an order is established using long arm jurisdiction and disposition occurs within twelve (12) months of service of process on the alleged father or noncustodial parent, the case may be counted as a success within the six-month tier of the expedited process time frame, regardless of when disposition actually occurs within those twelve (12) months.39 CR 23, December 10, 2016, effective 1/1/201740 CR 21, November 10, 2017, effective 12/1/201742 CR 11, June 10, 2019, effective 6/30/201943 CR 17, September 10, 2020, effective 9/30/202043 CR 21, November 10, 2020, effective 12/1/202044 CR 23, December 10, 2021, effective 1/1/202245 CR 01, January 10, 2022, effective 3/1/202246 CR 11, June 10, 2023, effective 7/1/2023