Section 144-351-3-6 - CASE CLOSUREA. This section sets forth the Division's system and standards for the closing of its cases. In order to be eligible for closing, the case must meet at least one of the following criteria: 1. There is no longer a current support order and arrearages are under $500 or unenforceable under State law;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 is at least 18 years old and action to establish paternity is barred by a statute of limitations which meets the requirements of 45 C.F.R. § 302.70(a)(5);(ii) A genetic test or a 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 Division 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; or(iv) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the Division with the recipient of services.4. The noncustodial parent's location is unknown, and the Division has made diligent efforts using multiple sources, in accordance with 45 C.F.R. § 303.3, 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 Division must also determine that no income or assets are available to the noncustodial parent which 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 Division has been unable to establish reciprocity with the country;7. The Division has provided location-only services as requested 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 responsible State agency of good cause or other exceptions to cooperation with the Division and the State or local IV-A, IV-D, IV-E, Medicaid or food stamp agency has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative;10. In a non-IV-A case receiving services under 45 C.F.R. § 302.33(a)(1) (i) or (iii) [non-welfare applicant or former public assistance recipient], or under 45 C.F.R. § 302.33(a)(1)(ii) [medical-only recipient] when cooperation with the Division is not required of the recipient of services, the Division 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-IV-A case receiving services under 45 C.F.R. § 302.33(a)(1) (i) or (iii) [non-welfare applicant or former public assistance recipient], or under 45 C.F.R. § 302.33(a)(1)(ii) [medical-only recipient] when cooperation with the Division is not required of the recipient of services, the Division documents the circumstances of the recipient of services' noncooperation and an action by the recipient of services is essential for the next step in providing IV-D services;12. When the Division is the responding agency in an intergovernmental case, the Division documents failure by the initiating agency to take an action which is essential for the next step in providing services;13. When the Division is the responding agency in an intergovernmental case, the initiating agency has notified the Division that the initiating State has closed its case under 45 C.F.R. § 303.7(c)(11); or14. When the Division is the responding agency in an intergovernmental case, the initiating agency has notified the Division that its intergovernmental services are no longer needed.B. In cases meeting the criteria in paragraphs (A)(1) through (6) and (10) through (12) of this section, the Division must notify the recipient of services, or in an intergovernmental case meeting the criteria for closure under (A)(12), the initiating agency, in writing 60 calendar days prior to closure of the case of the Division's intent to close the case. The case must be kept open if the recipient of services or the 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, or, in the instance of paragraph (A)(10) of this section, if contact is reestablished with the recipient of services. If the case is closed, the former recipient of services may request at a later date that the case be reopened if there is a change in circumstances which could lead to the establishment of paternity or a support order or enforcement of an order by completing a new application for IV-D services and paying any applicable application fee.C. The Division must retain all records for cases closed pursuant to this section for a minimum of three years, in accordance with 45 C.F.R. part 74.10- 144 C.M.R. ch. 351, § 3-6