PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 347.24 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d), 34(3), 111-a and 111-b
Subject:
Child Support.
Purpose:
Reflect the revised case closure criteria as set forth in the Federal Department of Health and Human Services regulations.
Text of proposed rule:
Section 347.24 of Title 18 NYCRR is amended to read as follows:
(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) [in the case of a child who has reached the age of majority,] there is no longer a current support order and arrears are less than $500 or unenforceable under State law;
[(2) in the case of a child who has not reached the age of majority, there is no longer a current support order and arrears are less than $500 or unenforceable under State law;
(3)] (2) the [absent parent/putative] noncustodial parent or putative father is deceased and no further action, including a levy against the estate, can be taken;
[(4)] (3) paternity cannot be established because:
(i) the child is at least 21 years old in this State [or at least 18 years old in a responding state,] and an action to establish paternity is barred by [the] an applicable statute of [limitation] limitations;
(ii) a genetic test or a court or administrative process has excluded the putative father as the father of the child and no other putative father of such child can be identified; [or]
(iii) in accordance with section 347.6(a) of this Part, [it] the child support enforcement unit has [been] 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; 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;
[(5) the absent parent's location is unknown and regular attempts have been made unsuccessfully, using multiple sources, to locate the absent parent over a three-year period;]
(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;
[(6)] (5) the [absent] 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. [It also] The child support enforcement unit must [be determined] determine that no income or assets are available to the [absent] noncustodial parent which could be levied upon or attached for support;
[(7)] (6) the [absent] 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 [such foreign] the country;
[(8)] (7) the [custodial parent not in receipt of ADC has requested and has been] Division of Child Support Enforcement within the Office of Temporary and Disability Assistance 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;
[(9)] (8) the [custodial parent not in receipt of ADC] non-public assistance recipient of child support services requests closing of [a] their case and there is no assignment to the State of medical support or arrears which accrued under [the] a support order;
[(10)] (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 [or] of harm to the child or caretaker relative;
[(11)] (10) in a non-public assistance case [in which the custodial parent and child are not in receipt of ADC,] 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 services, in which the child support enforcement unit is unable to contact the [custodial parent] recipient of child support services within a [30] 60-calendar-day period despite [attempts by both telephone and,] an attempt of at least[,] one [certified] letter [with return receipt requested] sent by first class mail to the last known address; [or]
[(12)] (11) in a non-public assistance case in receipt of child support services [which the custodial parent and child are not in receipt of ADC] or in a non-public assistance Medicaid case when cooperation with the child support enforcement unit is not required of the recipient of services, the child support enforcement unit documents the circumstances of the [custodial parent's failure to cooperate] recipient of child support services's noncooperation with the child support enforcement unit and an action by the [custodial parent] recipient of child support services is essential for the next step in providing child support services[.]; or
(12) the child support enforcement unit documents failure by the initiating State to take an action which is essential for the next step in providing services.
[(b)] (c) In cases meeting the criteria in paragraphs [(a)] (b) (1) through [(7)] (6) and [(11)] (10) [and] through (12) of this section, the child support enforcement unit must notify the [custodial parent of the intent to close the case,] recipient of child support services, or in an interstate case meeting the criteria for case closing under (b) (12), the initiating State, 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 [, in response to the notice,] the [custodial parent] recipient of child support services or the initiating State supplies information which could lead to the establishment of paternity or a support order, or enforcement of an order, or, in the instance of paragraph [(a)(11)] (b) (10) of this section, if contact is re-established with the [custodial parent] recipient of child support services. If the case is closed, the [custodial parent] 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 paternity or a support order or enforcement of [a support] an order by completing a new application for child support services and paying any applicable application fee.
[(c)] (d) The child support enforcement unit must retain all records for cases closed pursuant to this section for a minimum of [six] three years.
Text of proposed rule and any required statements and analyses may be obtained from:
Jeanine Stander Behuniak, New York State Office of Temporary and Disability Assistance, 40 North Pearl Street, 16C, Albany, New York 12243-0001, (518) 474-9779, email: Jeanine.Behuniak@OTDA.state.ny.us
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The Office of Temporary and Disability Assistance (OTDA) is proposing amendments to 18 NYCRR § 347.24, which governs the criteria for closing cases within the New York State child support enforcement program. This rule reflects the revised case closure criteria as set forth in the federal Department of Health and Human Services regulations at 45 CFR § 303.11. OTDA has determined that no person is likely to object to the adoption of the proposed rule as written. The revised regulation does not reflect discretion exercised by OTDA. Thus the proposed amendments are not establishing new criteria. Instead they are setting forth existing requirements. Thus the proposed amendments will conform 18 NYCRR § 347.24 to current federal regulation. It is expected that no person will object to the proposed amendments contained in this consensus rule since the amendments are necessary to comply with the federal regulation.
Job Impact Statement
A job impact statement has not been prepared for the proposed regulatory amendments. It is evident from the subject matter of the amendments that the jobs of the persons making the decisions required by the proposed amendments will not be affected in any real way. Thus, the changes will not have any impact on jobs and employment opportunities in the State.
