Current through Register Vol. 50, No. 9, September 20, 2024
A.
Assignment of Support Rights
1. Each
applicant for, or recipient of, KCSP is required to assign to the Louisiana
Department of Social Services, Office of Family Support, any accrued rights to
support for any other person that such applicant or recipient may have,
including such rights in his own behalf or in behalf of any other family member
for whom the applicant or recipient is applying for or receiving.
2. By accepting KCSP for, or on behalf of, a
child or children, the applicant or recipient shall be deemed to have made an
assignment to the department of any and all right, title, and interest in any
support obligation and arrearage owed to, or for, such child or children or
caretaker up to the amount of public assistance money paid for, or on, behalf
of such child or children or caretaker for such term of time as such public
assistance monies are paid; provided, however, that the department may
thereafter continue to collect any outstanding debt created by such assignment
which has not been paid by the responsible person. The applicant or recipient
shall also be deemed, without the necessity of signing any document, to have
appointed the Support Enforcement Services Program administrator as his or her
true and lawful attorney-in-fact to act in his or her name, place, and stead to
perform the specific act of endorsing any and all drafts, checks, money orders
or other negotiable instruments representing support payments which are
received on behalf of such child or children or caretaker as reimbursement for
the public assistance monies paid to such applicant or recipient.
B. Cooperation with Support
Enforcement Services
1. Each applicant for,
or recipient of, KCSP is required to cooperate in identifying and locating the
parent of a child with respect to whom aid is claimed, establishing the
paternity of a child born out of wedlock with respect to whom aid is claimed,
obtaining support payments for such applicant or recipient and for a child with
respect to whom aid is claimed, and obtaining any other payment or property due
such applicant or recipient unless good cause is established.
2. Good cause exists when:
a. the client's cooperation with support
enforcement services is reasonably anticipated to result in physical or
emotional harm to the child or caretaker relative which reduces his capacity to
care for the child adequately;
b.
the child was conceived as a result of incest or rape;
c. legal proceedings for adoption are pending
before a court; or
d. the client is
being assisted by a licensed or private social agency to resolve the issue of
whether to keep the child or relinquish him for adoption. The issue must not
have been under discussion more than three months.
3. Failure to cooperate in establishing
paternity or obtaining child support will result in denial or termination of
cash assistance benefits.
4.
Failure to cooperate includes, but is not limited to, the following instances
where good reason for failing to cooperate has not been established by the IV-D
office:
a. failure to keep two consecutive
appointments;
b. failure or refusal
to cooperate at an interview;
c.
failure to appear for, or cooperate during a court date or genetic
testing.
5. The payee or
recipient who has failed to cooperate will be notified in writing of the
sanctioning. The payee or recipient's desire or intention to cooperate will not
preclude case closure.
C. In any case in which child support
payments are collected for a recipient of KCSP with respect to whom an
assignment is in effect, such amount collected will be counted as income to
determine eligibility.
D. Written
notice will be provided to the Child Support Enforcement Agency of all relevant
information prescribed by that agency within two days of the furnishing of
KCSP.
E. Louisiana must have in
effect a plan approved under Part D of Title IV of the Social Security Act and
operate a child support program in conformity with such plan.
AUTHORITY NOTE:
Promulgated in accordance with
42
U.S.C. 601 et seq., R.S. 36:474, R.S.
46:231.1.B, R.S. 46:237.