Cases may be closed, but are not required to be, for enforcement if at least one (1) of the following criteria is met and supporting documentation for the decision to close the case is maintained in the case file:
(1)
- (A) There is no longer a current obligation for child support and arrears are under five hundred dollars ($500).
- (B) Cases will remain open until paid in full if regular payments are being received;
- (2) There is no longer a current obligation for child support, no arrears are owed to the family with only assigned arrears remaining, and, after review and appropriate approval, it has been determined there is low likelihood of collection;
- (3) There is no longer a current obligation for child support, all the children have reached the age of majority, the noncustodial parent is entering or has entered long-term care arrangements (such as a residential care facility or home health care), and the noncustodial parent has no income or assets available above the subsistence level that could be levied or attached for support;
- (4) The noncustodial parent or putative father is deceased and no further action, including a levy against the estate, can be taken;
(5) Paternity cannot be established for any of the following reasons:
- (A) The child is at least eighteen (18) years old and an action to establish paternity is prohibited under Arkansas law;
- (B) A genetic test or a court order has excluded the putative father and no other putative father can be identified;
- (C) The Office of Child Support Enforcement has determined that it would not be in the best interest of the child to establish paternity in a case involving incest or 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 (1) interview by the Office of Child Support Enforcement with the custodial party;
(6) The noncustodial parent’s location is unknown and all locate efforts have been unsuccessful despite diligent efforts using multiple sources over a:
- (A) Two-year period when there is sufficient information to initiate automated locate efforts;
- (B) One-year period when there is sufficient information for automated locate efforts but locate interfaces are unable to verify a Social Security number; or
- (C) Six-month period where there is not sufficient information to initiate automated locate efforts;
(7) The Office of Child Support Enforcement has determined, after review and appropriate approval, that the noncustodial parent cannot pay support for the duration of the child’s minority or thereafter, has no income or assets available above the subsistence level that could be levied or attached for support, and shows no evidence of support potential for the following reasons:
- (A) The noncustodial parent has been institutionalized in a psychiatric facility;
- (B) The noncustodial parent is incarcerated; or
- (C) The noncustodial parent has a medically verified total and permanent disability;
- (8) The noncustodial parent’s sole income is from Supplemental Security Income or from both Supplemental Security Income and Social Security Disability Insurance, but the Social Security Disability Insurance benefit is not a significant source of income;
- (9) 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 there is no federal or state treaty or reciprocity with the country;
- (10) The case was open for State Parent Locator Services only and the locate services have been provided;
- (11) In cases where cooperation with the Office of Child Support Enforcement is not required as a condition of receiving public assistance, the custodial party requests closure in writing and there is no assignment to the state of medical support or of arrearages owed to the state that accrued under a support order;
- (12) There has been a finding of good cause or a determination that support enforcement may not proceed without risk of harm to the child or custodial party;
- (13) In cases where cooperation with the Office of Child Support Enforcement is not required as a condition of receiving public assistance, when the Office of Child Support Enforcement is unable to contact the party despite a good faith effort to contact the party through at least two (2) different methods;
- (14) In cases where cooperation with the Office of Child Support Enforcement is not required as a condition of receiving public assistance, the Office of Child Support Enforcement documents the custodial party’s failure to cooperate and an action by the custodial party is essential for the next step in providing establishment or enforcement services;
(15)
- (A) The Office of Child Support Enforcement documents failure by the initiating state to take an action that is essential for the next step in providing services.
- (B) Federal requirements and time frames will be taken into consideration for closing intergovernmental cases;
- (16) The initiating state has sent notification that the initiating state has closed its case;
- (17) The initiating state has sent notification that services are no longer needed;
(18)
- (A) Another assistance program, including TEA, foster care, SNAP, and Medicaid, has referred a case to the Office of Child Support Enforcement that has been determined, after review and appropriate approval, to be inappropriate, as determined by an Office of Child Support Enforcement Field Manager, to establish, enforce, or continue to enforce a child support order and the custodial party has not applied for services.
- (B) Detailed documentation of the review process and reason for case closure will be maintained in the case notes;
(19) The open enforcement case, including a case with arrears assigned to the state, has been transferred to a Tribal IV-D agency, and the Office of Child Support Enforcement has complied with the following procedures:
(A) Before transferring the case to a Tribal IV-D agency and closing the case:
- (i) The custodial party requested the Office of Child Support Enforcement to transfer the case to the Tribal IV-D agency and close the case; or
- (ii) The Office of Child Support Enforcement notified the custodial party of its intent to transfer the case to the Tribal IV-D agency and close the case and the recipient did not respond to the notice to transfer the case within sixty (60) calendar days from the date notice was provided;
- (B) The Office of Child Support Enforcement completely and fully transferred and closed the case; and
- (C) The Office of Child Support Enforcement notified the custodial party that the case has been transferred to the Tribal IV-D agency and closed; or
(D)
- (i) The Tribal IV-D agency has a State-Tribal agreement approved by the United States Office of Child Support Enforcement to transfer and close cases.
- (ii) The State-Tribal agreement must include a provision for obtaining the consent from the custodial party to transfer and close the case; or
(20) A case must be closed and supporting documentation will be maintained for the case closure decision when:
- (A) The child is eligible for healthcare services from the United States Indian Health Service; and
- (B) The case was opened because of a Medicaid referral based solely upon healthcare services, including the Purchased/Referred Care program provided through an Indian Health Program.