Section 218-RICR-30-00-1.10 - Case Closures1.10.1Federal Regulation (Public Welfare, 45 C.F.R. § 303.11)A. In order to be eligible for closure, a case must meet at least one (1) of the closing criteria described. Once the case becomes eligible for closure, the State's electronic computer system automatically schedules the case to close sixty (60) days in the future and generates the closure letter to send to the custodial parent. An agent can also schedule a case for closure by entering a closure date sixty (60) days in the future. The eligibility system will automatically send the closure letter and close the case in sixty (60) days via the monthly case closure process. A case will not be closed if:
1. The custodial parent supplies information in response to the notice which could lead to the establishment of parentage, an order for support, or enforcement of an order; or2. Contact is reestablished with a custodial parent whose whereabouts were unknown.B. A custodial parent may request, at a later date, that her/his case be reopened if there is a change in circumstances that could lead to the establishment or enforcement of an order.1.10.2Closing Criteria Requiring Sixty (60) Day NoticeA. A sixty (60) day closing notice will be sent to the custodial parent when a case is closed for one (1) of the following reasons: 1. There is no longer a current support order and arrearages are under five hundred dollars ($500.00) or unenforceable under State law;2. The non-custodial parent is deceased and no further action, including a levy against the estate, can be taken. The agent shall obtain a certified copy of the death certificate and file a Motion to Dismiss;3. Paternity cannot be established because:a. The child is at least twenty-two (22) years old; or b. A genetic test or a court or administrative process has excluded the alleged genetic parent.4. The OCSS shall file a Motion to Dismiss based upon the exclusion;5. The Office of Child Support Services has determined that it would not be in the best interest of the child to establish parentage in a case involving incest or forcible rape, or in any case where legal proceedings for adoptions are pending;6. The identity of the biological parent is unknown and cannot be identified after diligent efforts, including at least one (1) interview by the IV-D agency with the recipient of services;7. The non-custodial parent's location is unknown, and regular attempts have been made using multiple sources to locate the non-custodial parent over a three (3) year period, when there is sufficient information to initiate an automated locate effort, or over a one (1) year period when there is not sufficient information to initiate an automated locate effort;8. The non-custodial parent cannot pay support for the duration of the child's minority because s/he has been institutionalized in a psychiatric facility, is incarcerated with no chance for parole, or has a medically verified permanent and total disability with no evidence of support potential. The Office of Child Support Services must also determine that no income or assets are available to the non-custodial parent that could be levied or attached for support;9. The non-custodial 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.10. In a Non-Assistance case:a. The Office of Child Support Services is unable to contact the custodial parent within a sixty (60) calendar day period despite an attempt of at least one (1) letter sent by first (1st) class mail to the last known address, or b. The custodial parent fails to cooperate and an action by the custodial parent is essential for the next step in providing services.11. The OCSS documents failure by the initiating State to take an action which is essential for the next step in providing services.12. The OCSS will close cases, codify arrears, and notify the custodial parent if her/his address is known, in cases which meet the following criteria: a. There is no current support order,b. The child is past the age of emancipation,c. The location of the non-custodial parent is unknown despite repeated automated locate efforts for a period of one (1) year,d. The arrears are unenforceable which means repeated automated administrative enforcement efforts have taken place to secure an asset or payment and such efforts have been unsuccessful,e. Or the custodial parent cannot be located to cooperate with the case in establishing arrears.1.10.3Closings Without Prior NoticeA. A sixty (60) day closing notice does not have to be sent if a case is closed for one (1) of the following reasons:1. The case was opened as a non-assistance location only; or2. The non-assistance custodial parent requests closure of a case and there is no assignment to the State of medical support or arrearages which accrued under a support order; or3. There has been a finding of good cause, and it has been determined that support enforcement may not proceed without risk or harm to the child or caretaker relative.B. Case Retention The Office of Child Support Services will retain closed case records for a minimum of six (6) years after closure before purging the file.218 R.I. Code R. 218-RICR-30-00-1.10
Amended effective 3/29/2019
Amended effective 1/1/2021