Child Support Enforcement: Parental Responsibility for Children in Foster Care 623-05-15-45

(Revised 8/15/06 ML #3025)

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PI-10-09

 

N.D.C.C. Section 50-09-06.1 applies to all foster care for children, regular and Federal match.

 

An application under this chapter is deemed to create and effect an assignment of all rights to support, which a family member or foster child may have or come to have, to the state agency. The assignment:

  1. Is effective as to all current and accrued support obligation and periods of eligibility;

  2. Is limited to the total cost of benefits provided to the family or foster child; and

  3. Terminates when eligibility ceases, except with respect to any support obligation unpaid at that time.

  4. Is not effective as to any child subject to a benefit cap imposed under section 50-09-29.

 

Federal law requires states to take all necessary steps to enforce the assignment of support rights and, if necessary, establish support orders on behalf of children receiving foster care. N.D.C.C. Section 50-09-06.1 provides that all support obligations are automatically assigned to the state when it is determined that a child is eligible for foster care. The assignment is not conditioned upon the consent of the parents. See Service Chapter 447-10 for policy and procedures relating to child support referrals.