[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR303.11]

[Page 244-245]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 303_STANDARDS FOR PROGRAM OPERATIONS--Table of Contents
 
Sec. 303.11  Case closure criteria.

    (a) The IV-D agency shall establish a system for case closure.
    (b) In order to be eligible for closure, 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 Sec. 302.70(a)(5) of this chapter;
    (ii) A genetic test or a court or administrative process has 
excluded the putative father and no other putative father can be 
identified; or
    (iii) In accordance with Sec. 303.5(b) of this part, the IV-D 
agency has determined that it would not be in the best interests of the 
child to establish paternity in a case involving incest or forcible 
rape, or in any case where legal proceedings for adoption are pending;
    (iv) The identity of the biological father is unknown and cannot be 
identified after diligent efforts, including at least one interview by 
the IV-D agency with the recipient of services;
    (4) The noncustodial parent's location is unknown, and the State has 
made diligent efforts using multiple sources, in accordance with Sec. 
303.3, all

[[Page 245]]

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 State 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 State has been unable to establish 
reciprocity with the country;
    (7) The IV-D agency has provided location-only services as requested 
under Sec. 302.35(c)(3) of this chapter;
    (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 CFR 
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 IV-D agency 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 Sec. 302.33(a)(1) 
(i) or (iii), the IV-D agency 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 Sec. 302.33(a)(1) 
(i) or (iii), the IV-D agency documents the circumstances of the 
recipient of services's noncooperation and an action by the recipient of 
services is essential for the next step in providing IV-D services.
    (12) The IV-D agency documents failure by the initiating State to 
take an action which is essential for the next step in providing 
services.
    (c) In cases meeting the criteria in paragraphs (b) (1) through (6) 
and (10) through (12) of this section, the State must notify the 
recipient of services, or in an interstate case meeting the criteria for 
closure under (b)(12), the initiating State, in writing 60 calendar days 
prior to closure of the case of the State's intent to close the case. 
The case must be kept open if the recipient of services or the 
initiating State 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 (b)(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.
    (d) The IV-D agency must retain all records for cases closed 
pursuant to this section for a minimum of three years, in accordance 
with 45 CFR part 74.

[54 FR 32311, Aug. 4, 1989, as amended at 56 FR 8004, Feb. 26, 1991; 64 
FR 11817, 11818, Mar. 10, 1999]