BCSE, in pre-obligation cases, and SED, in obligation cases, shall close cases in accordance with this section. The agency responsible for case closure shall also be responsible for verifying the circumstances justifying closure.
(a)
Criteria
In order to be eligible for closure, a IV-D case must meet at least one of the following criteria:
(1) There is no longer a current support order and arrearages are under $150 if owed to the state, under $500 if owed to the custodial party, or unenforceable under 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:
(A) the child is at least 18 years old and action to establish paternity is barred by section 46b-160 of the Connecticut General Statutes,
(B) a genetic test or a court or administrative process has excluded the putative father and no other putative father can be identified,
(C) the department 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
(D) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the IV-D agency with the recipient of services.
(4) The noncustodial parent's location is unknown, and BCSE or a cooperating agency has made diligent efforts using multiple sources, in accordance with section
17b-179(m) -2 of the Regulations of Connecticut State Agencies, all of which have been unsuccessful, to locate the noncustodial parent:
(A) Over a three-year period when there is sufficient information to initiate an automated locate effort, or
(B) 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, and no income or assets available which could be levied 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 Connecticut has been unable to establish reciprocity with such country.
(7) In a non-assistance case,
(A) BCSE or SED is unable to contact the recipient of services within a 60 calendar day period despite an attempt by at least one letter sent by first class mail to the recipient's last known address, or
(B) BCSE or SED documents the circumstances of the recipient of services noncooperation and an action by the recipient of services is essential for the next step in providing IV-D services.
(8) BCSE or SED documents failure by the initiating state to take an action which is essential for the next step in providing services.
(9) BCSE has provided location-only services as requested pursuant to section 17b-179(f) -1 of the Regulations of Connecticut State Agencies.
(10) The non-assistance recipient of services requests closure of a case in writing and there is no assignment to the state of medical support or arrearages which accrued under a support order.
(11) The client has been determined exempt from cooperation requirements in accordance with subsection (c) of section 17b-179(a) -4 of the Regulations of Connecticut State Agencies and the department has determined that support enforcement may not proceed without risk of harm to the child or custodial party.
(b)
Notice of closure
In cases meeting the criteria in subdivisions (1) through (8) of subsection (a) of this section, BCSE, in pre-obligation cases, and SED, in obligation cases, shall notify the recipient of services, or in an interstate case meeting the criteria for closure under subdivision (a)(8) of this section, the initiating state, in writing 60 calendar days prior to closure of the state's intent to close the case. The case shall be kept open if the recipient of services or the initiating state supplies information in response to the notice which could lead to the establishment of paternity or a support order or enforcement of an order or, in the instance of subparagraph (a)(7)(A) of this section, if contact is reestablished with the recipient of services. If the case is closed, the former recipient of 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 IV-D services and paying any applicable application fee in accordance with section 17b-179(i) -1 of the Regulations of Connecticut State Agencies.
