La. Admin. Code tit. 67 § V-3501

Current through Register Vol. 50, No. 11, November 20, 2024

Section V-3501 - Procedures for Determining the Amount of Contribution Required by Parents Whose Children are in the Care and/or Custody of the State of Louisiana

A. At initial assessment when children enter the custody of the state, the gross income of the family shall be considered as a base from which to begin the assessment process. From this amount, parents are allowed a deduction of $1,500 per dependent in the home. This includes the children who were residing in the home prior to removal. The resulting figure shall be the adjusted family income which shall be used to determine the amount of contribution. The amount of the assessment shall be 10 percent of the adjusted family income divided into 12 monthly payments. The amount would be the same for the family regardless of the number of children in care, i.e., families which have the same adjusted income but different numbers of children in care would be billed the same amount.

B. At reassessment, only changes in the composition or income of the family will be considered in the calculation. Dependent deductions of $1,500 for family members in the home will continue to be allowed. The resulting figure is the adjusted family income. The amount shall be used to determine the amount of contribution. The yearly contribution shall be equal to 10 percent of the adjusted family income. The family will pay this one amount regardless of the number of children who are in care.

C. Parental contributions shall not be recommended if an existing child support order is in place or if good cause exists in a particular case. The exceptions for good cause shall be determined on a case by case basis by the case manager for reasons including, but not limited to short-term foster care placements; pending adoption proceedings; potential non-custodial parent placement; imminent termination of parental rights; or, when assessment is contrary to the case plan goals. These exceptions shall be documented in the case plan or court report.

D. By removal or voluntary placement into foster care of a child from the parent or another individual, the parent or individual shall be deemed, without the necessity of signing any document, to have made an assignment to the department of his entire right, title, and interest to any support obligation such parent or individual may have in his own behalf or on behalf of any family member for whom the parent is applying for or receiving foster care services which has accrued at the time of the placement of the child in foster care and which accrues during the time the child is in foster care. The assigned support rights shall constitute an obligation owed to the department by the person responsible for providing such support, and said obligation shall be established by an order of a court of competent jurisdiction, and the department may thereafter collect by appropriate process any outstanding debt thus created. Voluntary child support payments made to the parent or individual at the time of the placement of the child in foster care shall be deemed to have been assigned to the department, unless such is contrary to a valid court order. The department may thereafter collect such support payments by appropriate services. The parents or individual shall also be deemed, without the necessity of signing any document, to have consented to the designation of the department as payee in an initial or amended order of support and to have appointed the child support enforcement 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 individual or his parent. The department shall be an indispensable party to any proceeding involving a support obligation or arrearages owed under this Subpart. The provisions of this Subpart shall apply retrospectively to all support rights assigned, whether by written assignment or by operation of law, prior and subsequently to the effective date of this rule. The parent or individual of services shall also be deemed without the necessity of signing any document to have appointed the child support enforcement 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 individual or caretaker. No parent or individual who has had a child removed from the parent(s) custody or voluntarily placed the child in foster care on behalf of the parent or another individual shall be permitted to enter into a contract for the collection of support pursuant to R.S. 21:1441 et seq. Any such contract shall be considered a violation of public policy and shall be void.

La. Admin. Code tit. 67, § V-3501

Promulgated by the Department of Social Services, Office of Community Services, LR 17:1225 (December 1991), amended LR 36:73 (January 2010), Amended by Department of Children and Family Services, Division of Child Welfare, LR 441856 (10/1/2018).

AUTHORITY NOTE: Promulgated in accordance with R.S. 46:51.1.