** Archive **
FCASMTL 106 (Title IV-D and Title IV-E - Archive)
Family, Children and Adult Services Manual Transmittal Letter No. 106
April 13, 2000
TO: Family, Children and Adult Services Manual Holders Child Support Enforcement Manual Holders
FROM: Jacqueline Romer-Sensky, Director
SUBJECT: Assignment, Collection and Distribution of Child Support (TITLE IV-D) for Title IV-E Foster Care Maintenance Recipients Update

The Child Support Enforcement Amendments of 1984 to the Social Security Act (P.L. 98-378) extended Title IV-D services to Title IV-E recipients. This law requires states to take the necessary steps, where appropriate, to secure an assignment of support rights to collect and distribute child support for a child on whose behalf Title IV-E foster care maintenance (FCM) payments are being made.

Title IV-E FCM recipients shall receive all services provided to any recipient of Title IV-D child support services including the establishment of paternity, the establishment of administrative and court orders of support and the enforcement of existing orders for support. If the public children services agency (PCSA) has permanent custody of a child, the child support enforcement agency's (CSEA) only service shall be the collection of any arrearage accrued before permanent custody was granted.

All PCSAs are required by Ohio Administrative Code rule 5101:2-47-08 to refer each case determined eligible for Title IV-E FCM to the local CSEA for assignment of child support rights. The attached ODHS 1435 "Referral of Title IV-E Foster Care Maintenance Recipient for Child Support Services" has been revised to include information that will enable the Child Support Enforcement Tracking System (SETS) to better provide child support services to children in the custody of the PCSA. The ODHS 1435 is to be used by the PCSA to inform the CSEA of a Title IV-E FCM eligible case or to update information on a current case. It is the responsibility of the PCSA to notify the CSEA of any changes in the status of children in receipt of Title IV-E FCM payments, which would include a change in custody type and the termination of the Title IV-E case. Any pertinent court orders available to the PCSA shall accompany the ODHS 1435 to the CSEA.

The CSEA will distribute child support collections in accordance with procedures designated in the Child Support Enforcement Manual (CSEM). CSEA collections representing current support for Title IV-E eligible children are distributed as repayment of the current Title IV-E payment. CSEA collections representing arrearages are distributed by the CSEA as repayment of past unreimbursed Title IV-E or Title IV-A payments.

Current support in excess of the monthly foster care maintenance payment and arrearages in excess of unreimbursed assistance will be paid to the PCSA responsible for supervising the child's placement and care. The PCSA must use the excess in a manner determined to be in the best interest of the child. Uses may include setting aside the amount for the child's future needs or making all or part of the amount available for meeting the child's current day-to-day needs.