Legal Authority:
OAC 340: 25-5-123 Case closure system.
CFR 45 §303.11 Case closure criteria.
Current law allows a case to close for an incarceration sentence that extends beyond the date of emancipation of the child(ren). Read on for an explanation of what to do in the circumstance that the incarcerated NCP has paternity established, or if paternity has not established.
When an incarcerated NCP case does not have an established order check with the Department of Corrections to see how long the NCP will be incarcerated.
Paternity is Established
If the NCP is incarcerated for life or beyond the child(ren)’s age of majority and paternity has already been established either by Acknowledgment of Paternity or presumption (child is born of the marriage), the CS Specialist should update the case to status 10, reason 19 on the CSCU screen with a review date of the NCPs projected release date.
The Specialist must also enter the child(ren)’s emancipation date(s) on the CHU screen. When the review date is updated indicating the NCP’s release date is after the child(ren)’s emancipation date(s), the case will automatically begin the 60 day closure process to close with closure reason 09. After updating the case status to 10, the case can be manually scheduled for closure by immediately updating the case to status 04 reason 09, skipping the auto closure process.
Paternity has not been established
If paternity has not been established, a Petition/Notice of Parentage and Support Obligation (ALC document P36) with incarceration language would be sent to the NCP via service upon the warden as explained in the CS Quest article Service of Process on Incarcerated Persons.
After the order is obtained, the CS Specialist will update the OSIS CSCU screen to status 10, reason 19 using the NCP’s projected release date as the review date. The Specialist must also enter the child(ren)’s emancipation date(s) on the CHU screen. When the review date is updated indicating the NCP’s release date is after the child(ren)’s emancipation date(s), the case will automatically begin the 60 day closure process to close with closure reason 09.
After updating the case status to 10, the case can be manually scheduled for closure by immediately updating the case to status 04 reason 09, skipping the auto closure process.
The following is the step-by-step process for either paternity established or paternity not established.
Before beginning the process check with DOC on NCP sentence length and anticipated date of release.
| Paternity Established | Paternity NOT Established | |||
|---|---|---|---|---|
| On CSCU Screen | • Update Case Status to 10 – Use Reason 19 | • Use ALC document P36 – Use incarceration language | ||
| • Set Review Date to NCP release date per DOC | • Service to NCP via warden per CS Quest Service of Process of Incarcerated Persons | |||
| On CHU Screen | • Enter emancipation date(s) – 60 day closure process automatically begins | Order obtained | On CSCU Screen | • Update Case Status to 10 – Use Reason 19 |
| • Use NCP release date per DOC as Review Date | ||||
| • Manually schedule for case closure by immediately updating to status 04 reason 09 | On CHU Screen | • Enter emancipation date(s) – 60 day closure process automatically begins | ||
| • Manually schedule for closure by immediately updating to Status 04 Reason 09 | ||||