PCSE Unit Closure Process

New Jersey Judiciary Probation Child Support Enforcement

Revised 6/09/2017

A. Authority  

Code of Federal Regulations:	45 C.F.R. § 301.11
New Jersey Administrative Code:	N.J.A.C. 10:110-20.3
Other Authorities:	Directive #01-91 Directive #06-09

B. Overview

 Case closure criteria and procedures have been established in accordance with federal regulations which require the IV-D agency to establish a system for case closure. Qualifying cases left open inflate state and local caseload figures which affect local performance indicators, such as cost benefit ratios and collections per case. Care must be taken not to close a case if there is any collection potential. A case may never be closed merely because it is difficult to work and all documentation must be accurate and complete.

Case closure means that Title IV-D services will no longer be provided by PCSEProbation Child Support Enforcement and it may or may not affect the support order or arrears. Closure can be a method to terminate the PCSE’s continuing supervision of a support case and make the support order and arrears payable directly to the CPCustodial parent or party. Although the case is closed for the purpose of the PCSE’s supervision, the order remains in effect. If circumstances change in the future, the CP may reapply for Title IV-D services.

C. Federal Case Closure Criteria

Minimum Arrearages and there is no longer a current support order §303.11(b)(1), and;

1. The arrearages are $500 or less, and
2. No collection has been received within the past 12 months and court enforcement was attempted within the past six months with notice to the NCP last known address, and
3. No new locate information was received in the past year, despite diligent automated efforts by NJKiDS.
4. This criteria is selected by batch process if the system has been updated with all of the applicable information.

Death of the NCP § 303.11(b)(2)

1. The NCP is deceased and documentation of death has been obtained, and

   1. Note: Documentation may include, but is not limited to, a copy of the death certificate, Social Security records, Bureau of Vital Statistics records, deceased file match and obituaries with sufficient identifiers.

2. At least 12 months have passed since the death of the NCP. In this case, arrears, if any, should be reduced to judgment. The case remains open on NJKiDS for 12 months for estate purposes; thereafter staff will receive an Alert to close the case.
3. No further action, including levy against the estate, can be taken by PCSE staff.
4. This criteria is selected by batch process if the system has been updated with all of the applicable information.

Unable to Locate NCP § 303.11(b)(4)

1. The NCP’s location must be unknown for at least 3 years and there exists sufficient information [legal name and date of birth or legal name and Social Security number] to initiate automated locate efforts, or
2. NCP’s location must be unknown for at least one year when there is not sufficient information to initiate automated locate efforts.
3. This criteria is selected by batch process if the system has been updated with all of the applicable information.

The NCP cannot pay support for the duration of the child's minority § 303.11(b)(5)

1. The support order cannot be paid for the duration of the child’s minority (at least 18 years of age) because the NCP is institutionalized in a psychiatric facility; or is incarcerated with no chance of parole; or has a verified total and permanent disability with no support potential, and
2. There has been no support collection for at least 12 months.

   1. Note: Prior to initiating case closure, the director of the institution, warden, the last employer, pension plan administrator, Social Security Administration or other probable source of income must be contacted to verify that no income or assets are available. For incarcerated NCPs, the correctional facility or court must be contacted to verify that there is no opportunity for parole during the child’s minority.

3. This criteria is selected by batch process if the system has been updated with all of the applicable information.

NCP Resides in a Foreign Country § 303.11(b)(6)

1. The NCP is a citizen of a foreign country and has lived in that country for a least one year, and
2. Does not work for the federal government or a business/corporation with offices in the United States, and
3. Does not have reachable income or assets in the United States, and
4. There is no reciprocity with the country in which the NCP resides, and
5. There has been no support collection for at least 12 months
6. PCSE staff can manually select the NJKiDS criteria “NCP no attachable income or assets in the U.S.” in the Probation Case Closure chain.

The Non IV-A Recipient of Services Requests Closure of Case § 303.11(b)(8)

1. The CP may request closure of the case [termination of IV-D services] provided there is no assignment to the State of medical support or of any arrearages.
2. PCSE staff should ensure that the CP is not being coerced into requesting closure. If intimidation or coercion is suspected, it should be made known to the supervisor or manager, and the parties must be advised to file an application with the Family Division.
3. PCSE staff can manually select this option and must document on the NOTE screen the circumstances surrounding when and how the CP contacted staff and requested closure.

   1. Note: Federal regulations do not require the noticing of the parties or the 60 day waiting period to close the case.

Unable to Locate CP § 303.11(b)(10)

1. Case closure may be initiated in a non-TANF case when PCSE has been unable to establish contact with the CP for at least 60 calendar days.

   1. Note: Depending on the case circumstances, PCSE staff may want to send a letter to the NCP inquiring of the CP’s whereabouts, and/or search additional data bases with which NJKiDS does not interface.

2. This criteria is selected by batch process if the system has been updated with all of the applicable information.

   1. Note: When a CP receives payments via SVC or EFT into a bank account, the case will not be selected for this case closure reason.

Custodial Parent Refuses to Cooperate § 303.11(b)(11)

1. In a non-TANFTemporary Assistance for Needy Families case where the CP refuses to cooperate in enforcing the support order or locating the NCP; or his or her actions interfere with enforcement of the case, the case may be closed; and
2. PCSE staff must demonstrate that the cooperation is essential for moving to the next step in the child support process; and
3. The CP’s non-cooperation must be documented over a 60 calendar day period; and
4. All requests for case closure due to non-cooperation must be supported by appropriate documentation.

   1. Note: Non-cooperation includes, but is not limited to, continued receipt of direct payments from the NCP, failure to attend hearings or perform acts as ordered by the court, and failure to respond to written requests for information necessary to enforce the case.

Intergovernmental Case Processing § 303.11(b)(12)

1. § 303.11(b)(12) When New Jersey is the responding jurisdiction and the initiating State fails to take an action which is essential for the next step in providing services, PCSE staff must fully document its efforts to obtain the information or action needed to enforce the case on the NOTE screen.
2. § 303.11(b) (13) When New Jersey is the responding state and the initiating agency has notified us that the initiating state has closed its case under § 303.7(c) (11).
3. § 303.11(b) (14) When New Jersey is the responding state and the initiating agency has notified us that our intergovernmental services are no longer needed.
4. This criteria is selected by batch process if the system has been updated with all of the applicable information.
5. When an intergovernmental entity is identified as a creditor on a child support judgment docketed in New Jersey, Probation may be listed as the contact on the judgment. Vicinage PCSE or AOCAdministrative Office of the Courts is the central office responsible for coordination and oversight of Judiciary activities, the Family Practice Division, Probation Services, and the Finance Division. The AOC is responsible for executing the Cooperative Agreement with the Office of Child Support Services (OCSS) CMUCall Management Unit staff may receive a request for assistance with a WOSWarrant of Satisfaction because Probation is notated on the Clerk’s judgment record. Requests may be received by referral, fax, letter, or walk-ins to the office. Requests for information pertaining to intergovernmental judgment creditors should be handled as follows:

Open Cases

Inquiries pertaining to child support judgments on open cases notating an intergovernmental entity as the creditor are to be handled in the same manner as all other judgment inquiries.

Closed or Archived Cases

On closed or archived cases, if the inquiring party contacts staff seeking assistance with locating a contact for the intergovernmental entity because they are unable to locate the creditor on their own, staff may provide the party with a letter containing all of the contact information for the other agency’s Central Registry Division and IV-D office. For more detailed information, staff may refer the party directly to the federal OCSE IRG.  The IRG provides U.S. states, tribes, other partners, and the public with an effective and efficient way to view child support program information, including addresses, telephone numbers, email address and other contact information. The IRG consolidates data into a centralized, automated repository that can be accessed directly through the OCSE website located at (http://www.acf.hhs.gov/programs/css).  The other jurisdiction may contact our ICR and ICR staff will respond as appropriate.  Should the other jurisdiction contact the local office, they should be referred to the ICR.

Note: Staff should utilize form 1607G to provide parties with the necessary case and contact information related to intergovernmental judgments. More information regarding this procedure is contained in the Judgment manual section (1607 Judgment Procedures) section K.

If the inquiring party is unable to locate the creditor to sign the WOS, staff should advise the party that an application/motion must be filed in the county of venue Family Division for a court order to remove the judgment in lieu of a WOS. If the application/motion is successful, the requesting party must forward the resulting order to the Clerk with the appropriate filing fee. The Clerk will then remove the judgment from the CJODCivil Judgment and Order Docket.

For any judgment filed in a state other than New Jersey, the party will have to resolve that judgment with the state in which it is filed.

 D. Additional Circumstances Potentially Eligible for Case Closure

Upon Consent of Both Parties

When both parties consent to close the case, PCSE staff can generate a Probation-Prepared Child Support Order (See Section 1619, Probation-Prepared Child Support Orders).

Note: The parties must be advised of the distinction between terminating the order and converting the order to direct pay.

Pre-Determined Specific Events

1. A case may be closed when a previous order or judgment states that the support obligation terminates on a specific date or when the child reaches a specific age. Other common predetermined specific events may include marriage, military service or the child graduating from school.

2. Note: The appropriate proofs must be documented in the file, such as the child’s date of birth as established by the CP’s statement on the application for services, a statement in a prior order, a birth certificate, diploma, etc.

3. The NOTE screen must be updated with documentation of verification of the predetermined event.

No Obligation/Arrears Paid in Full

1. When arrears are paid in full, NJKiDS automatically deletes the arrears payback amount.
2. The case will automatically be picked up for closure and no further order is needed.

Intergovernmental Income Withholding—NCP not in New Jersey

1. If New Jersey is the responding jurisdiction to an intergovernmental income withholding and repeat attempts to locate the NCP including postal verification, wage reporting, credit reporting, Motor Vehicle Commission searches and the State and Federal Parent Locator Services and any contracted location service, have failed or resulted in location in another state the case may be closed utilizing the Notice of Intent to Terminate Child Support Services CS037 (Notice).
2. The initiating state must be advised of the closing and the NCP’s new state of residence, if known.
3. This criteria is selected by batch process.

Children Adopted

Upon verification that the child(ren) have been adopted.

Death of the Child

1. If the only remaining child on the order is deceased and there are no support arrearages; proof of death must be obtained and then the case may be closed providing the parties are noticed at least 60 days in advance of the closing.
2. If there are multiple children on the order, the order must remain unchanged until one of the parties motions the court for a new order.

Death of the CP

1. If PCSE staff receives verification that the CP is deceased, and no interested party has made application to Family Court, the case should be scheduled for a Status Review hearing before a CSHOChild Support Hearing Officer or judge.
2. PCSE staff should place the case on hold until the court terminates the order or changes the beneficiary (i.e., makes the current guardian of the child(ren) the CP). In the event the court determines PCSE supervision of the case is terminated, all accrued arrears shall be reduced to a judgment in accordance with the procedures set forth herein. If appropriate, the court will order a change in beneficiary and release the held funds to the new CP.

Order from a Motion or Status Review Hearing

When PCSE staff receives an order as a result of a motion or Status Review hearing which orders closure, the parties must be noticed 60 days prior to the case actually being closed on NJKiDS.

E. Procedures for Case Closure

1. PCSE staff may sort cases eligible for closure from their WKRL screen (generally these are cases meeting the federal case closure standards) or as indicated above, in certain circumstances they may manually initiate a chain when they become aware of a case potentially eligible for closure.

   1. Note: In order to generate the Notice on Administrative Closures the obligation must be removed which will trigger a closure chain to open.

2. Staff should verify that the case meets one of the federally authorized case closure criteria or one of the supplemental criteria listed in Section C above. If NJKiDS identified the case for closure and the caseworker has any questions regarding actions to be taken, then they should consult with their supervisor. If it is determined that the case is ineligible, reject the action.
3. PCSE staff generates the Notice through the closure chain.
   1. This document is centrally printed and sent regular mail to the parties’ last known addresses.
   2. A copy of the Notice is sent regular mail to the CWACounty Welfare Agency when there are arrears owed to this agency.

      1. Note: CWA arrears on the OBAA screen should be reviewed for active welfare arrears amounts.

4. The case must be kept open if the CP, NCP or the CWA in TANF and former TANF cases where welfare arrears are due provides new information that could lead to the enforcement of the support order or re-establishes contact in response to the Notice. However, if no new information is provided the case must be closed.
5. Requests for case closure must be approved by an immediate supervisor. All case circumstances and documentation must be carefully reviewed before approval is given to proceed with case closure.
6. If there is no objection from any of the parties after 65 days, staff may advance the USSOUniform Summary Support Order to be signed.
7. Once the USSO has been signed staff must review NJKiDS and ensure all chains are closed. Particular attention should be paid to chains opened by the Family Division or the CWA. Contact Family or CWA staff to request the chains be closed, if necessary.
8. If there are any FIDMFinancial Institution Data Match, CSLNChild Support Lien Network, or other DFDDivision of Family Development chains open, the DFD must be contacted to close the chains via NJKiDS Action Note to File.
9. Staff review OWIZ and send a Financial Note to end date with effective date of termination and ensure support and arrears/overpayments are removed. Checking the box for a return notification is recommended.
10. Staff verifies on ELOG that there is a balance not greater than $0 and that there is no hold on the case.
11. In intergovernmental cases, close ISIN.
12. Update the required information on SORD and select “Not Ordered” in the “Insurance Ordered” field.
13. Send a copy of the closure order to the Clerk of the Superior Court. Judgment Section, PO Box 971, Trenton, NJ  08625 for filing of the judgment.

F. Miscellaneous

1. When the case closure criteria require a record of actions over a specific period (e.g., non-cooperation for a 60-day period), such actions must be documented. Additionally, all documents (i.e., certificates, notices, correspondence) that pertain to case closure must be maintained in the case file.
2. Certain case closure criteria require reasonable attempts to locate the NCP, the NCP’s income source and assets, or to verify case circumstances (e.g., death, incarceration, etc.). All location and verification attempts must be documented appropriately in NJKiDS.
3. When a closure order is entered at a hearing, the parties must still be noticed at least 60 days prior to closure. The Notice will generate and the case will close automatically 65 days from the date of the Notice.
4. Case files may be destroyed 3 years after the effective date of closure.  If any litigation, claim, financial review or audit involving the record started before the expiration of the 3 year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken.

G. Reopening a Closed Case that was Made Payable Directly to CP that was Initiated by Case Closure

1. A CP may request the case be reopened by filing a Certification to Reinstitute Child Support Services, CS571 (Certification) and a new IV-D Application with the Family Division. A new $6 application fee or the $25 monitoring fee is assessed provided that the request to reinstitute services does not occur within 30 days of the effective date of the case closure. The fee is collected through the Finance Division.
2. Family Division staff will send the Certification and the Notice to CP/NCP of Support Order to be Administered Through Probation and Payments to be Made to the New Jersey Family Support Payment Center (Notice) by certified and regular mail to the NCP.
3. If no response is received within 20 working days of the postmark date, Family staff shall complete a Certification stating that fact and prepare an administrative order making the child support payable through the court.
4. Once the order is signed by the judge the obligation, arrears and any new demographic information is updated on NJKiDS.
5. If the NCP submits a written objection within the 20 working days allowed, Family staff shall schedule the matter for court.
6. Family Division staff must send a copy of the signed order to the CP and NCP.
7. The Certification, Notice, order, IV-D Application and proof of fee paid, if available, are forwarded to the PCSE Unit to create the case file and prepare the case for the next appropriate action. 

New Jersey Judiciary Probation Child Support Enforcement, revised 7-2015