PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
Amendment of section 347.24 of Title 18 NYCRR.
Statutory authority:
Social Services Law, sections 20(3)(d), 34(3)(f) and 111-a; and 45 CFR 303.11
Subject:
Child Support.
Purpose:
To reflect the revised case closure criteria as set forth in the federal Department of Health and Human Services regulation.
Text of proposed rule:
Section 347.24 of Title 18 of the NYCRR is amended to read as follows:
§ 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] 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 21 years old in this [State] state and an action to establish paternity is barred by an applicable statute of 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;
(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 paternity in a case involving incest or forcible rape, or in any case where legal proceedings for adoption are pending; or
(iv) the [identify] 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] state has been unable to establish reciprocity with the country;
(7) the 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;
(8) the non-public assistance recipient of child support services requests closing of their case and there is no assignment to the [State] 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, [in which] 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 [in receipt of] 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 [recipient of child support service's] noncooperation of the recipient of child support services [with the child support enforcement unit] and an action by the 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] 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 [interstate] intergovernmental case meeting the criteria for case closing under paragraph (b)(12) of this section, the initiating [state] 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 [state] agency 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 (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 paternity 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.
Text of proposed rule and any required statements and analyses may be obtained from:
Richard P. Rhodes, Jr., New York State Office of Temporary and Disability Assistance, 40 North Pearl Street, 16C, Albany, NY 12243-0001, (518) 486-7503, email: richard.rhodesjr@otda.ny.gov
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Regulatory Impact Statement
1. Statutory Authority:
§ 20(3)(d) of the Social Services Law (SSL) authorizes the Office of Temporary and Disability Assistance (OTDA) to promulgate regulations to carry out its powers and duties.
§ 34(3)(f) of the SSL requires the Commissioner of OTDA to establish regulations for the administration of public assistance and care within the State.
§ 111-a of the SSL requires OTDA to promulgate regulations necessary to obtain and retain approval of its child support state plan, required to be submitted to the federal Department of Health and Human Services by Title IV-D of the federal Social Security Act (the Act).
Title 45 of the Code of Federal Regulations (C.F.R.) § 303.11 sets forth the federal case closure criteria for establishing and enforcing intergovernmental support obligations in child support program cases receiving services under Title IV-D of the Act.
2. Legislative Objectives:
It was the intent of the Legislature in enacting the above statutes that OTDA establish rules, regulations and policies so that child support enforcement services are provided to eligible persons to ensure that, to the greatest extent possible, parents provide financial support for their children. The intent of the proposed regulatory amendments to 18 NYCRR § 347.24 is to conform the existing State regulation to federal requirements for establishing and enforcing intergovernmental support obligations in child support program cases receiving services under Title IV-D of the Act.
3. Needs and Benefits:
The proposed regulatory amendments to 18 NYCRR § 347.24 are necessary to conform the existing State regulation to federal requirements for establishing and enforcing intergovernmental support obligations in child support program cases receiving services under Title IV-D of the Act. Thus, the proposed amendments do not reflect discretion exercised by OTDA, but instead set forth federal requirements and conform 18 NYCRR § 347.24 to current federal regulations.
4. Costs:
OTDA does not anticipate that there would be any costs associated with this regulatory proposal, since the proposed regulatory amendments are intended to update State regulations to conform the existing State regulation to federal requirements.
5. Local Government Mandates:
OTDA does not anticipate that the proposed regulatory amendments would create any new mandates for local governments.
6. Paperwork:
The proposed regulatory amendments would not create any new reporting requirements or additional paperwork.
7. Duplication:
The proposed regulatory amendments would not duplicate, overlap or conflict with any existing State or federal laws or regulations.
8. Alternatives:
An alternative to the proposed regulatory amendments would be to retain the existing State regulation. However, these regulatory amendments are necessary to bring the existing State regulation into compliance with the federal case closure criteria set forth in 45 C.F.R. § 303.11.
9. Federal Standards:
The proposed regulatory amendments would not conflict with federal standards for establishing and enforcing intergovernmental support obligations in child support program cases receiving services under Title IV-D of the Act.
10. Compliance Schedule:
It is anticipated that social services districts would be in compliance with the proposed regulatory amendments on their effective date.
Regulatory Flexibility Analysis
A Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required because the proposed regulatory amendments will neither have an adverse impact upon, nor impose reporting, recordkeeping, or other compliance requirements upon small businesses or local governments. These regulatory amendments are necessary to bring the existing State regulation into compliance with the federal case closure criteria set forth in 45 Code of Federal Regulations § 303.11. As it was evident from the proposed regulations that they would not have an adverse impact or impose reporting, recordkeeping, or other compliance requirements, no further measures were needed to ascertain those facts and, consequently, none were taken.
Rural Area Flexibility Analysis
A Rural Area Flexibility Analysis is not required because the proposed regulatory amendments would neither have an adverse impact upon, nor impose reporting, recordkeeping, or other compliance requirements upon public or private entities in rural areas. These regulatory amendments are necessary to bring the existing State regulation into compliance with the federal case closure criteria set forth in 45 Code of Federal Regulations § 303.11. As it was evident from the proposed regulations that they would not have an adverse impact or impose reporting, recordkeeping, or other compliance requirements, no further measures were needed to ascertain those facts and, consequently, none were taken.
Job Impact Statement
A Job Impact Statement is not required for the proposed regulatory amendments. It is apparent from the nature and the purpose of the proposed regulatory amendments that they would not have a substantial adverse impact on jobs and employment opportunities in either the public sector or the private sector in New York State, nor would the jobs of the Child Support Enforcement Unit personnel representing the local social services districts be impacted by the proposed regulatory amendments. Thus, the proposed regulatory amendments would not have any adverse impact on jobs and employment opportunities in New York State.
