CASE MANAGEMENT
01/85 Revised 04/13/18 Training
Complete 04/27/18 Last Reviewed 12/31/24
Continuing
Services Notice to Custodial Parent
Federal
regulations require the Office of Recovery Services/Child Support Services
(ORS/CSS) to provide continuing child support service even when a custodial
parent’s (CP) IV-A and/or Medicaid assistance terminates. 45 CFR 302.33(a)(4) states:
“Whenever a family is no longer eligible for assistance under the State's title IV-A and Medicaid programs, the IV-D agency must notify the family, within five working days of the notification of ineligibility, that IV-D services will be continued unless the family notifies the IV-D agency that it no longer wants services but instead wants to close the case. This notice must inform the family of the benefits and consequences of continuing to receive IV-D services, including the available services and the State's fees, cost recovery, and distribution policies.” (Emphasis added.)
ORSIS will automatically generate
the Continuing Services Notice to the CP.
This letter explains that if the recipient was receiving child and
medical support services those services will continue unless the CP requests that all services be terminated. This letter also explains that if the
recipient was receiving medical-only services, those services will continue
unless the CP request full services (child and medical support) or requests the
case be closed. This means that once the
CP closes off of assistance and ORSIS generates the letter, it does not matter
what option(s) the CP selected in Section XI:
Request for Services on the Application for Services, the case must
remain open unless the CP requests case closure or until it meets one of the
federal closure criteria. For additional
information on case closure criteria, refer to the Procedures section below and
CS 061P Case Closure Overview. The
letter also describes CSS services and fees.
Procedures
1.
If the post
office returns the Continuing Services Notice because the CP has moved and
there is no forwarding address, send the 60 Day Closure Notice by regular first
class mail to the same address and wait 60 days before starting any case
closure proceedings. If a new address is
not provided or discovered, close the case.
Refer to CS 061P.
If the letter returns with a
forwarding address, change the CP’s address on ORSIS and re-mail the
letter. See CS 059P-1 IV-A
Applicant/Recipient Cooperation Requirements and DWS Non-Participant Assessment
and CS 059P-3 Non-IV-A Medicaid-only Applicant/Recipient Cooperation
Requirements for more information.
2.
If the
former IV-A and/or Medicaid recipient calls and requests termination of CSS
services and case closure, document the request in the case narrative. You may require the case closure request to
be in writing (e.g., if the CP made the request over the phone and you want to
verify s/he is actually the CP).
a.
If there are
no IV-A debts owed on the case, close the case.
b.
If IV-A
debts are still owed on the case, discontinue Non-IV-A collections and end the
Non-IV-A debt.
If the noncustodial parent (NCP)
is paying through income withholding, stop or modify the Notice to Withhold,
depending on whether you are closing the case or just ending the Non-IV-A
debt. Refer to CS 745P Termination of
Income Withholding.
3.
Inform the
CP that the NCP will be notified to pay support directly to the CP. Generate and send the “Non-IV-A Pay Obligee
Directly” letter to the NCP.
When an individual terminates
IV-A cash assistance, a Non-IV-A debt will automatically begin to accumulate on
ORSIS (except in specified relative situations). If the individual reapplies and receives IV-A
assistance, the debt will automatically accumulate on the IV-A debt on ORSIS.
Continuing Services for IV-A/Medicaid Recipients
When the IV-A/Medicaid case is
closed, continue to provide both child support and medical support services to
the former IV-A/Medicaid recipient. For additional information, refer to
subsection Continuing Services Notice to Custodial Parent, above. Do not
require a Non-IV-A application for services unless the CP notifies you to close
the case and later reapplies for services.
If you need specific updated information from the CP before you can take
the next step on the case, you may ask the CP to complete the Parents’ Update
Information Form , or you may request the specific information from the CP in
writing.
The continuing services CP may
NOT decline medical support services when the Medicaid case is closed. If the CP notifies CSS that s/he does not
want medical support services, inform the CP that child support services cannot
be provided without medical support services and that CSS must enforce the
medical support provision. Refer to CS
490P Enforcement of Medical Insurance. If
the support order does not include a medical support provision, it will need to
be modified to include this provision. Refer to CS 451P Review and Adjustment of a Support Order to
Include MEDICAL Support Only. If the insurance lapses, CSS must enforce the
medical support obligation. If the CP
still does not want medical support services, close the case. Document all CP requests in the case
narrative.
Continuing Services for Medicaid-Only Recipients
When the CP’s Medicaid-only case
is closed, continue to provide medical support only services, unless the CP
informs you that s/he wants full child support services or wants to terminate
ALL services. If the CP requests the
case be closed, close the case. Document
the CP’s request in the case narrative.
NOTE: CSS does not provide medical-only services to
an applicant of IV-D services. CSS only provides
medical-only services when the recipient is on Medicaid only, or it is a
medical-only continuing services case.
Continuing Services for Children in Care Cases
When a child leaves Foster Care
or Youth Corrections placement and CSS
has an open child support case, the Children in Care (CIC) team notifies the
CSS team to add the CIC child back on to the CSS case. If the CSS case was closed because all the
children were placed into state’s custody, the CIC team will notify the CSS
team to reinstate the case when one or more of the children are returned to the
parent.
Continuing Services for Specified
Relative Cases
When a specified relative goes off IV-A and/or Medicaid assistance, CSS must provide continuing services to the specified relative to the extent possible IF the specified relative continues to have physical custody of the child(ren). Generally, when a specified relative goes off IV-A and/or Medicaid, it is because the child(ren) has left the home. Therefore, when a specified relative’s IV-A case is closed on PACMIS, automatic debt roll will NOT occur on the CSS case.