Child Support Enforcement 447-10-60

(Revised 11/1/10 ML #3249)

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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. § 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.

 

For the purposes of this Chapter "parent(s)" is defined as the natural parent(s), adoptive parent(s), or guardian legally responsible for the support of the child.

 

It is important that parent(s) maintain a tie to and responsibility for their child in foster care. Involvement in financial support for that child is one component of that continuing involvement and responsibility. With that in mind, the Department has established procedures for the parent(s)' equitable financial support while their child is in foster care.

 

Whenever a child enters foster care, it is expected that the parent(s) will be fully involved in developing plans for their children in foster care, including payments of maintenance and medical costs.

 

A referral to Child Support Enforcement is made against each parent when a child is eligible for foster care, with two exceptions. A referral will not be made against either parent:

  1. If one or both parents receive a subsidized adoption payment on behalf of a child in foster care, or
  2. If the child’s placement was short-term. For purposes of this exception, “short-term” is defined as follows:
  1. The child exited the placement by the time the referral would be sent, and
  2. The child was in the placement for 60 days or less.

Both criteria a and b must be met in order for the referral to be eliminated (i.e., not made). If the child is in placement at the time of referral, a referral is made regardless of the amount of time the child has been in placement.

 

The existence of good cause must be noted on the referral.