B-401: Case Closure

Local Workforce Development Boards (Boards) must ensure that Workforce Solutions Office staff does not remove noncompliant Noncustodial Parent (NCP) Choices participants from the NCP Choices program.

Boards must be aware of the following:

  • Except in certain situations [see section B-405.c], an NCP can exit the program only when staff receives confirmation from the Office of the Attorney General (OAG) or the court that his or her case can be closed.
  • Timely removal through administrative or court proceedings ensures that the program maintains swift and certain consequences for nonpaying NCPs and prevents inflated caseloads for staff.
  • Significant numbers of cases pending removal from the program takes staff away from providing services to NCPs who are motivated to continue in the program.

In the event of noncompliance, Boards must ensure that Workforce Solutions Office staff:

  • Does not close an NCP’s case until receiving written notification through the Choices Online Tracking System (COLTS) or e-mail from OAG or the court that the NCP has been removed from the program
  • Does not accept verbal notification as confirmation for case closure

Boards must ensure that Workforce Solutions Office staff:

  • Closes The Texas Workforce Information System of Texas (TWIST) Program Detail and the COLTS record only after receiving written confirmation that the NCP has been removed from the program
  • Uses the date staff receives notification or confirmation from OAG as the closing date

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B-402: Request to Remove

Boards must ensure that Workforce Solutions Office staff submits, by e-mail or mail, a case closure request to the OAG contact using one of the following:

Boards must be aware that written Requests to Remove forms can also be provided to OAG during the monthly coordination meetings.

Boards must ensure that locally developed forms include the following information:

  • Workforce Solutions Office staff member’s contact information (name, address, and phone number)
  • NCP’s name
  • OAG case number
  • Reason for requesting the removal

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B-403: Administrative Removals

Boards must be aware of the following:

  • After a request for removal of an NCP Choices participant has been submitted to the local OAG child support office, the child support office will review the circumstances of the case and respond to Workforce Solutions Office staff within a reasonable amount of time (usually 10–15 business days).
  • OAG child support offices may make the determination that an administrative removal is appropriate and notify Workforce Solutions Office staff of the decision.
  • OAG must provide written notification of the removal process through e-mail, in-person, or as a COLTS OAG comment.

Until receipt of notification from OAG regarding administrative removal, Boards must ensure that Workforce Solutions Office staff does not close the case.

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B-404: Planned Gap in Service

Boards must ensure that Workforce Solutions Office staff uses TWIST service code “11–Planned Gap in Service” with NCP Choices fund codes “179–NCP Choices” and “195–NCP Choices PEER Demonstration” to track cases that are pending approval of a request to remove from OAG, or the court, to remove noncompliant NCP Choices participants from the program.

For noncompliant NCP Choices participants, Boards must ensure that Workforce Solutions Office staff:

  • Attempts to reengage the NCP, in accordance with Board policy, prior to submitting a request to remove
  • Sends a request to remove to OAG using the locally developed and agreed-upon process
  • Closes all NCP Choices services in TWIST for the NCP Choices participant
  • Opens TWIST service code “11–Planned Gap in Service” to indicate that the approval to remove the noncompliant NCP is pending
  • Documents all actions in TWIST Counselor Notes and COLTS

Boards must ensure that Workforce Solutions Office staff reopens TWIST service code “11–Planned Gap in Service” each month until an approval to remove has been received.

Upon approval from OAG or the court, Boards must ensure that Workforce Solutions Office staff closes all services and program details, including TWIST service code “11–Planned Gap in Service.”

While the request to remove is pending and upon initiation by the noncompliant NCP Choices participant, Boards must ensure that Workforce Solutions Office staff allows noncompliant participants to resume participation in NCP Choices services.

To determine the number of pending requests with OAG, Boards must ensure that Workforce Solutions Office staff uses TWIST Report 37 – Management Summary.

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B-405: Reasons for Removal

The following are reasons for removing an NCP from the NCP Choices program.

B-405.a: Meets NCP Choices Program Requirements

Boards must be aware that when an NCP has met the NCP Choices program requirements (e.g., retained employment for six months), no confirmation from OAG or the court is required to close the case.

Boards must ensure that Workforce Solutions Office staff:

  • Accurately enters employment outcomes into TWIST
  • Enters information into TWIST Counselor Notes and COLTS indicating that the NCP has successfully completed the NCP Choices program
  • Closes the case and all services in TWIST by entering the exit date and completion reason as “completed successfully” in the TWIST Program Detail; and
  • Closes the case in COLTS by entering the end date in the Date Services Terminated box and saving the record.

B-405.b: Noncompliance with NCP Choices Program Requirements

Boards must determine noncompliance with workforce-related program requirements and submit requests to OAG for case closure based on the following program guidelines:

  • If an NCP does not appear for his or her first meeting with Workforce Solutions Office staff or does not return after the first meeting, reasonable and timely attempts (as defined by the Board) must be made to contact and reengage the NCP.
  • If an NCP has not met program participation requirements for 30 days, a request to remove the NCP from the NCP Choices program must be made to OAG.
  • If an NCP is compliant with NCP Choices program requirements, but has not obtained employment after 180 days of participation, a request to remove the NCP from the program must be made to OAG. (This time frame can be between 90 and 180 days.)

B-405.c: NCP Choices Participant Becomes Ineligible or Unable to Participate

If an NCP becomes ineligible or unable to participate in the NCP Choices program for any of the following reasons, Boards must ensure that Workforce Solutions Office staff immediately submits a request for case closure to OAG:

  • Deceased
  • Jailed on charges unrelated to child support
  • Medically unable to work (the NCP must provide his or her case manager with proper documentation and the medical reason must extend past 30 days)
  • Not legally allowed to work in the United States
  • Moved out of the local workforce development area (workforce area)
  • Workforce Solutions Office staff discovers that the NCP does not meet all of the program eligibility requirements

For deceased NCPs, Boards must ensure that Workforce Solutions Office staff closes WF Status in COLTS upon receiving verification of the NCP’s death.

To assist with caseload management and adhere to the principle of swift and certain consequences, Boards must ensure that Workforce Solutions Office staff follows the procedures set forth in the following table:

Immediate Request for Removal Request for Removal after 30 Days Request for Removal after 90 Days Request for Removal after 180 Days
  • Deceased (documented)
  • Disability (documented)
  • Relocation out of workforce area
  • Not legally allowed to work in the United States
  • Incarceration

Note: Cases can be closed immediately upon notification that a capias has been issued or a motion to revoke has been filed.

  • NCP does not appear for first meeting or does not return after first meeting and does not respond to outreach.

Note: In above instances, Workforce Solutions Office staff checks the *Failed to Participate box in the TWIST Program Detail.

  • NCP has not complied with program requirements for 30 days (e.g., no active work search or weekly contact until employed, or no monthly postemployment contact).
  • NCP is actively participating in the program, but is still unemployed; NCP can be removed after—but not before—90 days.
  • NCP is actively participating in the program, but is still unemployed after six months.

*Boards must ensure that Workforce Solutions Office staff uses the Failed to Participate checkbox only in cases where an NCP does not appear for, or return after, his or her first meeting with Workforce Solutions Office staff.

Boards must ensure that Workforce Solutions Office staff uses one of the following Exit Reasons for the NCP Choices program:

  • “13–Institutionalized”—when an NCP is incarcerated for reasons not related to child support
  • “14–Health/Medical”—when an NCP exits due to a documented health or medical issue that prevents him or her from actively participating in NCP Choices
  • “18–Deceased”
  • “84–Client Relocated”—when an NCP moves out of the NCP Choices program service area after being ordered to participate
  • “112–Case dismissed by court”—when an NCP is no longer required to participate in the NCP Choices program. NCPs may or may not be in compliance with the workforce requirements of the NCP Choices program
  • “113–Court imposed penalty”—when a capias is issued, a motion to revoke is filed, or an NCP is incarcerated for nonpayment of child support
  • “114–Met retention”—when an NCP has successfully completed the requirements of the NCP Choices program, including retaining employment for six months
  • “115–Eligibility misrepresented/misunderstood”—when an NCP is inadvertently ordered to participate in the program (e.g., NCP ordered to participate does not have a Social Security number, NCP is not legally able to work in the United States, NCP lives outside the service area, or NCP is disabled).

Note: While the menu includes “87–Soft Close,” Boards must ensure that Workforce Solutions Office staff never uses this Exit Reason; program details will never be “soft closed.”

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