HAR §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 child support order and arrearage is under $500 or unenforceable under state law; (2) The non-custodial 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 tests or by judicial or administrative process; (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; or (D) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the agency with the applicant; 31-30 310u §5-31-44 (4) The agency is unable to locate the non-custodial parent over a three-year period, having made periodic efforts according to schedules prescribed by federal regulations using available and appropriate location sources or over a one-year period when there is insufficient information to initiate an automated locate search; (5) The non-custodial 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 non-custodial parent is a citizen of and lives in a foreign country that has no reciprocal arrangement for the enforcement and collection of child support, does not work for the United States government or a company that has its headquarters or offices in the United States, and has no accessible domestic income or assets; (7) The agency has received a request for location-only services and the request has been completed; (8) The applicant has requested case closure in a non-title IV-A case and there is no assignment of medical support, or arrearages to the State; (9) There has been a finding of good cause by the title IV-A, title XIX, or title IV-E agency that agency actions may not proceed; (10) In non-title IV-A and non-title XIX cases, the agency is unable to contact the applicant by telephone or letter over a period of sixty calendar days and at least one letter has been sent by first class mail to the applicant's last known address; (11) In non-title IV-A and non-title XIX cases, the applicant is uncooperative with the agency and the agency is unable to proceed with the case without the applicant's cooperation, and there are no arrearages assigned to the State. Documentation of the circumstances regarding the applicant's non-cooperation shall be maintained by the agency; or (12) The initiating state fails to take appropriate action that is necessary for the agency to proceed with the case. Documentation of the failure shall be maintained by the agency. [Eff and comp 10/31/91; am and comp MAR 30 2014] (Auth: HRS §576D-2) (Imp: HRS §576D-2; 45 C.F.R. §303.11)