NORTH DAKOTA DEPARTMENT OF HUMAN SERVICES
BISMARCK, NORTH DAKOTA

June 15, 2010

                                                                                                               	  PI-10-09

TO:		Directors, County Social Services
		Regional Supervisors of County Social Services
		County Eligibility Specialists
		County Social Workers
		Child Support Enforcement

FROM:	Dean Sturn, Administrator, Foster Care Program

SUBJECT:	Automated Child Support Referrals

CHAPTERS	Service Chapter 447-10-60
AFFECTED:	Service Chapter 447-10-60-10	
			Service Chapter 447-19-60-15
			Service Chapter 623-05-15-45
			Service Chapter 623-05-15-45-15

RETENTION:	Until Manualized

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.

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 parents(s)’ equitable financial support while their child is in foster care.

Effective June 21, 2010, the Department of Human Services will use automated systems to transmit and receive referrals.  The referral information sent to Child Support Enforcement is used to establish paternity, locate the absent parent(s), and establish and enforce a support order.

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 of 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:

a.	 The child exited the placement by the time the referral would be sent, and

b.	 The child was in the placement for 60 days or less.

Both criteria “a” and “be” must be met in order for the referral to be eliminated.  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.

The referral may be transmitted by the County Social Service Board to Child Support Enforcement at any time following placement, but must be transmitted at the time of initial payment authorization at the latest.

The County Worker will no longer be required to submit forms SFN 375, SFN 630 or SFN 641 to Child Support.  A printed version of the referral will be made available in the case file.

Should you have any questions, feel free to contact Paulette Westrum at (701) 774-4695 or 1-800-429-8829.