Current through Register Vol. 50, No. 9, September 20, 2024
A.
Assignment of Support Rights
1. Each
applicant for, or recipient of, FITAP is required to assign to the 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 FITAP 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, FITAP 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 case closure. The
appropriate STEP sanction shall be imposed on a work-eligible family. The case
of a family that is not work-eligible shall be closed for at least one month
and until the family cooperates.
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
recipient who has failed to cooperate will be notified in writing of the
sanctioning. The 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 FITAP
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 FITAP.
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, Act 58, 2003 Reg. Session.