S.D. Admin. R. 67:18:01:19

Current through Register Vol. 51, page 54, October 28, 2024

Section 67:18:01:19 - Termination of services - Case closure

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.

S.D. Admin. R. 67:18:01:19

2 SDR 31, effective 10/30/1975; 4 SDR 84, effective 6/11/1978; 7 SDR 66, 7 SDR 89, effective 7/1/1981; 8 SDR 177, effective 7/8/1982; 13 SDR 89, effective 1/19/1987; 15 SDR 197, effective 6/25/1989; 17 SDR 51, effective 10/7/1990; 24 SDR 72, effective 11/30/1997; 27 SDR 35, effective 10/1/2000; 41 SDR 108, effective 1/6/2015; 44 SDR 94, effective 12/4/2017

General Authority: SDCL 28-7A-3(9).

Law Implemented: SDCL 28-1-65, 28-1-66, 28-7A-3(9).

Good cause, §§ 67:10:01:27 to 67:10:01:34, inclusive. Parental duty to support child, SDCL 25-5-18.1. Case closure criteria, 45 C.F.R. § 303.11. Location of noncustodial parents, 45 C.F.R. § 303.3.