N.Y. Comp. Codes R. & Regs. tit. 18 § 347.24

Current through Register Vol. 46, No. 25, June 18, 2024

Section 347.24 - Case closing criteria

(a) The Division of Child Support Enforcement within the Office of Temporary and Disability Assistance shall establish a system for case closure.

(b) In order to be eligible for closing, a child support case must meet at least one of the following criteria:

(1) there is no longer a current support order and arrears are less than $500 or unenforceable under state law;

(2) the noncustodial parent, alleged parent, or intended parent is deceased and no further action, including a levy against the estate, can be taken;

(3) parentage cannot be established because:

(i) the child is at least 21 years old in this State and an action to establish parentage is barred by an applicable statute of limitations;

(ii) a genetic test or a court or administrative process has excluded the alleged parent or intended parent as the father of the child and no other alleged parent or intended parent of such child can be identified;

(iii) in accordance with section 347.6(a) of this Part, the child support enforcement unit has determined that it would not be in the best interests of the child to establish parentage in a case involving incest or forcible 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 child support enforcement unit with the recipient of child support services;

(4) the noncustodial parent's location is unknown and the child support enforcement unit has made diligent efforts using multiple sources, in accordance with section 347.7 of this Part, 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 child support enforcement unit must determine that no income or assets are available to the noncustodial parent which could be levied upon 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 this state has been unable to establish reciprocity with the country;

(7) the Division of Child Support Enforcement or the child support enforcement unit has provided location-only services to the resident parent, legal guardian, attorney, or agent of a child who is not receiving public assistance;

(8) the non-public assistance recipient of child support services requests closing of their case and there is no assignment to the state of cash medical support or arrears which accrued under a support order;

(9) there has been a finding of good cause or other exceptions to cooperation as set forth in section 347.5 of this Part and the appropriate unit of the social services district has determined that support enforcement may not proceed without risk of harm to the child or caretaker relative;

(10) in a non-public assistance case receiving child support services or in a non-public assistance Medicaid case when cooperation with the child support enforcement unit is not required of the recipient of child support services, the child support enforcement unit is unable to contact the recipient of child support 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-public assistance case receiving child support services or in a non-public assistance Medicaid case when cooperation with the child support enforcement unit is not required of the recipient of child support services, the child support enforcement unit documents the circumstances of the noncooperation of the recipient of child support services and an action by the recipient of child support services is essential for the next step in providing child support services;

(12) the child support enforcement unit documents failure by the initiating agency to take an action which is essential for the next step in providing child support services;

(13) the initiating agency has notified the responding agency that it has closed its case; or

(14) the initiating agency has notified the responding agency that its services are no longer needed.

(c) In cases meeting the criteria in paragraphs (b)(1) through (6) and (10) through (12) of this section, the child support enforcement unit must notify the recipient of child support services, or in an intergovernmental case meeting the criteria for case closing under paragraph (b)(12) of this section, the initiating agency, in writing, 60 calendar days prior to closure of the case of the child support enforcement unit's intent to close the case. The case must be kept open if the recipient of child support services or the initiating agency supplies information which could lead to the establishment of parentage or a support order, or enforcement of an order, or, in the instance of paragraph (b)(10) of this section, if contact is re-established with the recipient of child support services. If the case is closed, the former recipient of child support 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 parentage or a support order or enforcement of an order by completing a new application for child support services and paying any applicable application fee.

(d) The child support enforcement unit must retain all records for cases closed pursuant to this section for a minimum of three years.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 347.24

Amended New York State Register August 19, 2015/Volume XXXVII, Issue 33, eff.8/19/2015

Amended New York State Register August 11, 2021/Volume XLIII, Issue 32, eff. 8/11/2021