Md. Code Regs. 07.07.02.05

Current through Register Vol. 51, No. 12, June 14, 2024

Section 07.07.02.05 - Case Closure

A. The support enforcement agency may close a case which meets one or more 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 further action, including a levy against the estate, may not be taken;

(3) Paternity cannot be established because:

(a) The child is 18 years old or older and action to establish paternity has not commenced;

(b) A genetic test or a court or administrative process has excluded the putative father and no other putative father can be identified;

(c) The agency has determined that it would not be in the best interests of the child to establish paternity in a case involving:

(i) Incest;

(ii) Forcible rape; or

(iii) Pending legal proceedings for adoption; or

(d) 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 caseworker with the recipient of services;

(4) The noncustodial parent's location is unknown and diligent efforts have been made using multiple sources, which have been unsuccessful to locate the noncustodial parent:

(a) Over a 1-year period when there is insufficient information to initiatean automated locate effort; or

(b) Over a 3-year period, when there is 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 noncustodial parent has no income or assets which can be attached for support and:

(a) Is institutionalized in a psychiatric facility;

(b) Is incarcerated; or

(c) Has a medically verified total and permanent disability with no evidence of support potential;

(6) The noncustodial parent resides abroad and one of the following applies:

(a) No court order for support exists and Maryland has no reciprocal child support agreement with the country in which the noncustodial parent resides; or

(b) A court order for support exists and:

(i) The noncustodial parent does not work for the U.S. government;

(ii) The noncustodial parent does not work for a company with offices in the United States;

(iii) The country does not accept a support petition from Maryland; or

(iv) The noncustodial parent has no domestic income or assets that can be garnished, levied, or attached;

(7) In a TCA, Purchase of Child Care, or Medical Assistance case, FIA has determined that the custodial parent has good cause for refusing to cooperate and the support enforcement agency may not proceed without risk of harm to the child or caretaker;

(8) In a non-TCA case:

(a) The support enforcement agency is unable to contact the custodial parent within a 60-day period after unsuccessful attempts by telephone and first-class mail;

(b) The custodial parent refuses to take the necessary action for the provision of support enforcement services;

(c) The custodial parent requests closure and there is no assignment to the State of accrued arrears under the support order; or

(d) The support enforcement agency has provided federal parent location service only; or

(9) In an intergovernmental case, the support enforcement agency documents failure by the initiating state to take an action which is essential for the next step in providing services.

B. The support enforcement agency shall notify the custodial parent, in writing, 60 days before closing a case of its intent to close the case, except if:

(1) The support enforcement agency has provided federal parent location services only;

(2) The non-TCA custodial parent requests closure and there is no assignment to the State of arrears accrued under the support order;

(3) In a TCA or Medical Assistance case, there has been a finding of good cause; or

(4) The case is an intergovernmental case.

C. In an intergovernmental case, the support enforcement agency shall:

(1) Notify the initiating state of its intent to close a case 60 days prior to case closure; and

(2) Stop income withholding notice within 10 working days of receipt of instructions for case closure from an initiating state pursuant to 45 CFR § 303.11(c)(12).

Md. Code Regs. 07.07.02.05

Regulation .05 amended effective January 1, 2007 (33:26 Md. R. 1995); November 14, 2011 (38:23 Md. R. 1419)
Regulation .05A amended effective September 17, 2001 (28:18 Md. R. 1619); July 16, 2009 (36:14 Md. R. 984); April 30, 2012 (39:8 Md. R. 533)