FCASPL 14 (Title IVE FCM and Child Support)
Family, Children and Adult Services Procedure Letter No. 14
November 7, 1990
TO: All Family, Children and Adult Services Manual Holders
FROM: Roland T. Hairston, Director
SUBJECT: Assignment, Collection and Distribution of Child Support in Title IV-E Foster Care Maintenance Cases

The Child Support Enforcement Amendments of 1984 extended Title IV-D services to Title IV-E recipients of the Social Security Act (PL 98-378). This law requires states to take all 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 recipients shall be provided all services provided to any child support assignment applicant including the establishment of paternity, the establishment of court orders and the enforcement of existing orders for support.

All public children services agencies (PCSAs) are required by Ohio Administrative Code rule 5101:2-47-32 to refer each IV-E FCM case to the local Child Support Enforcement Agency (CSEA) upon determination of IV-E eligibility and to assign child support rights to the CSEA. The local agencies shall determine the method by which referrals shall be made and for establishing ongoing communication between the agencies. A model form, Referral of Title IV-E Foster Care Recipient for Child Support Services, is attached and may be used by the PCSA. Any pertinent court orders available to the PCSA shall accompany the referral document to the CSEA. If the PCSA has permanent custody of a child, the CSEA's only service shall be the collection of any arrearage accrued before permanent custody was granted.

The CSEA will distribute child support collections in accordance with procedures designated in the Child Support Enforcement Manual. CSEA collections representing current support for IV-E children are retained as repayment of the current IV-E payment. CSEA collections representing arrearage are retained by the CSEA as repayment of past unreimbursed IV-E or IV-A payments. IV-E collections are not subject to the $50 disregard provision.

CSEA collections in excess of the current monthly amount of the foster care maintenance payment, but not the monthly current support obligation, 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 amounts for the child's future needs, subject to asset limitations of rule 5101:2-47-58 of the Administrative Code, or making all or part of the amount available for meeting the child's current day-to-day needs.

Questions regarding this transmittal should be directed to your district office social services supervisor or local CSEA, as appropriate. The information contained in this transmittal was previously issued as SSIM No. 120.