Haw. Code R. § 5-31-44 - Criteria for case closure

(a) The agency may close a case without application by any party to the case.

(b) Cases may be closed if the case meets at least one of the following criteria:

(1) There is no longer a current support order and arrearage is under $500 or unenforceable under state law.

(2) The absent parent or putative father is deceased and no further action, including a levy against the estate, can be taken.

(3) Paternity has not been established and will not be pursued because:

(A) The child has reached the age of three years beyond the age of majority and the action is barred by a statute of limitations;

(B) All identified putative fathers have been excluded by genetic testa or legal process; or

(C) The agency has determined that it would not be in the best interests of the child, pursuant to section 5-31-4(c), to establish paternity.

(4) The agency is unable to locate the absent parent over a three-year period, having made periodic efforts according to schedules prescribed by federal regulations using available and appropriate location sources.

(5) The absent parent is institutionalized in a licensed facility for the mentally ill, incarcerated with no chance of parole, or medically totally and permanently disabled, and no income or assets are available.

(6) The absent parent is a citizen of and lives in a foreign country, does not work for the United States government or a company which has its headquarters or offices in the United States, has no accessible domestic income or assets, and the State has been unable to establish reciprocity with the foreign country in which the absent parent resides.

(7) The custodial parent has requested only location services from the Federal Parent Locator Service and the request has been completed.

(8) The custodial parent has requested case closure in a non-AFDC, former AFDC, Medicaid, or foster care case, and there is no assigned arrearage.

(9) There has been a finding of good cause for failure to cooperate and the title IV-A or title IV-E agency has determined that support enforcement may not proceed.

(10) The agency is unable to contact a non-AFDC custodial parent by telephone or letter over a period of thirty calendar days and at least one certified or registered letter has been sent.

(11) The non-AFDC custodial parent is uncooperative with the agency and the agency is unable to proceed with the case without the custodial parent's cooperation, and there is no assigned arrearage.

Notes

Haw. Code R. § 5-31-44

[Eff and comp OCT 31 1991] (Auth: HRS § 576D-2] (Imp: 45 C.F.R. §303.11)