reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter E - Individuals Not Otherwise Eligible › Section III-2521 - Child Support Application Fee

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES
					 will charge an application fee of $25 to each individual who applies for
					 services and does not receive FITAP, MEDICAID, or IV-E Foster Care. A fee is
					 not required if an applicant reapplies for child support through SES within six
					 months after a case is closed, unless the case was closed at the applicant's
					 request or for failure to cooperate.
AUTHORITY NOTE:
						Promulgated in accordance with
						45 CFR
						302.33 and  45 CFR 302,
						51 .
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter E - Individuals Not Otherwise Eligible › Section III-2523 - Mandatory Fee for Successful Child Support Collection

Current through Register Vol. 50, No. 6, June 20, 2024
A.
1.
					 Effective October 1, 2006, in the case of an individual who has never received
					 assistance under a state program funded under Part A of the Social Security Act
					 and for whom the state has collected at least $500 of support, the state shall
					 impose an annual fee of $25 for each case in which services are
					 furnished.
2. Effective October 1,
					 2006, the custodial party shall be responsible for the annual fee and the fee
					 shall be retained by the state from support collected, (but not from the first
					 $500 collected) or paid by the state out of its own funds (the payment of which
					 from state funds shall not be considered as an administrative cost of the state
					 for the operation of the plan, and the fees shall be considered income to the
					 program).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter F - Cooperation with Other States › Section III-2524 - Uniform Interstate Family Support Act

Current through Register Vol. 50, No. 6, June 20, 2024
A. Support Enforcement Services will
					 establish, modify and enforce interstate child support obligations under the
					 provisions of the Uniform Interstate Family Support Act (UIFSA).
AUTHORITY NOTE:
						Promulgated in accordance with  45 CFR 302  -
						303.7,
						and LAS-Ch. C. Art. 1301-1308.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter F - Cooperation with Other States › Section III-2525 - Automated Administrative Enforcement in Interstate Cases

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES shall use
					 high-volume, automated administrative enforcement on interstate cases to the
					 same extent as used for intrastate cases. This means the use of automatic data
					 processing to search various state data bases, including license records,
					 employment service data, and state new hire registries, to determine whether
					 information is available regarding a parent who owes a child support
					 obligation.
B. SES may transmit a
					 request for assistance to another state by electronic or other means in a case
					 involving the enforcement of a support order. The request shall contain
					 sufficient information to enable the receiving state to compare such
					 information with information in its data base. The request shall constitute a
					 certification of the amount of court-ordered support which is in arrears, and
					 that the state has complied with all procedural due process requirements
					 applicable to the case.
C. SES
					 shall promptly respond to a request made by another state for automated
					 enforcement of a support order. SES shall maintain records of the number of
					 such requests for assistance received, the number of cases for which support
					 was collected in response to such a request, and the amount of support
					 collected.
AUTHORITY NOTE:
						Promulgated in accordance with
						P.L.
						105-33.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter H - Medical Support Activities › Section III-2527 - Securing and Enforcing Medical Support Obligation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Child Support Enforcement (CSE) shall
					 secure medical support information and enforce medical support through the use
					 of the national medical support notice.
B. Unless the custodial parent and child(ren)
					 have satisfactory health insurance other than Medicaid, IV-D shall petition the
					 court to include health insurance that is available to either or both parent(s)
					 at reasonable cost in new or modified orders for support. Reasonable cost, as
					 it pertains to private health insurance, means that the health insurance
					 premiums for the minor child or children do not exceed 5 percent of the gross
					 income of the parent ordered to provide support pursuant to
					 R.S.
					 9:315.4. A medical support order shall be
					 obtained whether or not health insurance is actually available to either or
					 both parent(s) at the time the order is entered, or modification of current
					 coverage to include the child(ren) in question is immediately
					 possible.
C. The IV-D agency will
					 take steps to enforce the medical support order if health insurance is
					 available to either or both parent(s) at reasonable cost but has not been
					 secured at the time the order is issued.
D. CSE may enforce court-ordered medical
					 support by means of income assignment in cases where the court has ordered cash
					 medical support.
E. CSE shall
					 require the employer of a parent who is court-ordered to provide medical
					 support to enroll and maintain available health insurance on a child.
AUTHORITY NOTE:
						Promulgated in accordance with
						45 CFR
						303.31 and
						303.32,
						R.S.
						46:236.1.1,
						46:236.1.2,
						46:236.3,
						Ch.C. Art.1305.1 et seq., 46:236.8.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter I - Tax Refund Offset › Section III-2529 - State Tax Refunds

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES will
					 request withholding of any state income tax refunds due to individuals who have
					 child support arrearages in excess of $50. Support payments received through
					 state tax intercept will be distributed in accordance with federal
					 regulations.
B. SES will charge a
					 $4 fee to non-FITAP custodial parents for each successful state tax refund
					 offset of $5 or more. This fee will reimburse SES for intercept fees paid to
					 the Department of Revenue and Taxation. The fee charged for the state tax
					 offset will be deducted from the child support checks issued by SES. The
					 noncustodial parent will be given credit for the amount of the check before the
					 fee deduction.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S. 47:299.1
						et seq.,
						45
						CFR 303.102,
						P.L.
						104-193 and
						P.L.
						105-33.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter I - Tax Refund Offset › Section III-2531 - Advance Notice of State Tax Refund Interception

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES will send an advance notice to each
					 noncustodial parent owing past-due child support whose name is submitted for
					 interception of state tax refund. This notice will advise the noncustodial
					 parent of the right to administrative review if the state tax information is
					 contested.
AUTHORITY NOTE:
						Promulgated in accordance with
						45
						CFR 303.102,
						P.L.
						104-193 and
						P.L.
						105-33.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter I - Tax Refund Offset › Section III-2532 - Federal Administrative Offsets

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES will collect past-due support by
					 referral of appropriate cases to the United States Financial Management
					 Service, Department of the Treasury, effective November 1, 1997. The Financial
					 Management Service is authorized to intercept any funds payable by the federal
					 government, not otherwise exempt from seizure, which are due a noncustodial
					 parent who owes past-due support. Payments may include, but are not limited to,
					 wages, salary, retirement benefits, vendor and expense reimbursement. The debt
					 remains subject to collection until it is paid in full. The noncustodial parent
					 will receive a 30-day advance notice prior to the referral. SES will deduct any
					 processing fee charged by the Financial Management Service from the payment
					 submitted to the custodial parent.
AUTHORITY NOTE:
						Promulgated in accordance with
						P.L.
						104-134 and  3 CFR
						13019 .
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter I - Tax Refund Offset › Section III-2533 - Federal Tax Refunds

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES shall
					 collect past-due support by federal tax refund offset according to federal
					 criteria.
B. SES shall deduct the
					 processing fee imposed by the Internal Revenue Service from each non-FITAP
					 payee's refund check.
AUTHORITY NOTE:
						Promulgated in accordance with
						45
						CFR
						303.72.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter J - State Lottery Offset › Section III-2535 - Assignment of Lottery Winnings by Support Enforcement Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective May
					 1992, the Department of Social Services, Office of Family Support, shall
					 implement interception of lottery winnings from the Louisiana Lottery
					 Corporation of a delinquent support payor.
B. Support Enforcement Services will send to
					 the Louisiana Lottery Corporation a monthly list of child support payors who
					 are delinquent in their child support payments. If a delinquent support payor
					 wins a lottery prize of $600 or more, the Lottery Corporation will deduct the
					 amount of child support arrears reported by SES from the lottery winnings and
					 then submit the deducted amount to SES.
C. Support Enforcement Services will apply
					 the intercepted winnings amount first to any unpaid monthly obligation and then
					 to any outstanding arrears as of the date the intercepted winnings are posted
					 to the delinquent support payor's child support cases(s).
D. A delinquent support payor with more than
					 one case with outstanding arrears shall have his lottery winnings prorated to
					 each case based on the unpaid monthly obligation plus arrearage due in each
					 case as a percentage of the total unpaid monthly obligations plus arrearage due
					 in all cases.
E. Any intercepted
					 amounts which exceed the amount of unpaid monthly obligation plus arrearage in
					 all cases on the date the intercepted winnings are posted will be refunded to
					 the support payor in a prompt manner.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						47:9026.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter K - Withholding of Unemployment Compensation › Section III-2537 - Collecting Unemployment Compensation Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Health and Human
					 Resources, Office of Family Security, implemented withholding of unemployment
					 benefits as a method of collecting unmet support obligations owed in both FITAP
					 and non-FITAP cases, effective October 1, 1982.
AUTHORITY NOTE:
						Promulgated in accordance with Section 2335 of P.L. 97-35,
						R.S.
						23:1693,
						R.S.
						23:1600(8),
						R.S.
						46:236.1(n), Omnibus Budget
						Reconciliation Act of 1981 and
						45 CFR
						302.65.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter L - Enforcement of Support Obligations › Section III-2539 - Enforcement of Child Support Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Health and Human
					 Resources, Office of Family Security, implemented enforcement of support
					 orders, effective October 1, 1982.
B. This action provides for continued
					 enforcement of child support orders in arrears, posting of bond and continued
					 wage withholding at the courts' discretion.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						46:236.3.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter L - Enforcement of Support Obligations › Section III-2540 - Judicial Suspension of License(s) for Nonpayment of Child Support

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency may,
					 under certain circumstances, petition the courts for an order to suspend the
					 license(s) of an individual who is not in compliance with an order for support.
					 The criteria for referral are as follows:
1.
					 cases which have a support order which is being enforced in
					 Louisiana;
2. income assignment is
					 not practical; and
3. the
					 non-custodial parent is at least 90 days in arrears or not complying with a
					 court order to make periodic payments.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter L - Enforcement of Support Obligations › Section III-2541 - Information Released to Consumer Reporting Agencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Support Enforcement Program will
					 report periodically to credit bureaus/consumer reporting agencies, the name of
					 any noncustodial parent (absent parent) who is delinquent in the payment of
					 support, and the amount of overdue support owed by such parent. The agency
					 shall provide due process to the noncustodial parent providing such parent with
					 advance notice and a reasonable opportunity to contest the accuracy of such
					 information.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						46:56(D), (F)(4), (F)(5),
						(M) and  45 CFR 303.105, P.L.
						104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter L - Enforcement of Support Obligations › Section III-2542 - Voiding of Fraudulent Transfers

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 In cases in which a noncustodial parent transfers income or property to avoid
					 payment of support, SES shall seek to void such transfer.
AUTHORITY NOTE:
						Promulgated in accordance with
						P.L.
						104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter L - Enforcement of Support Obligations › Section III-2543 - Cooperative Endeavor in the Collection of Unpaid Child Support

Current through Register Vol. 50, No. 6, June 20, 2024
A. In cases in
					 which SES is providing services and the client hires a private attorney, SES
					 may enter into a cooperative agreement with the attorney. The purpose of the
					 agreement is to provide the private attorney with information on the payor so
					 that the attorney can assist the client in collecting child support.
					 Information to be released is as follows:
1.
					 Social Security number;
2.
					 address;
3. driver's license
					 number;
4. information from hunting
					 licenses;
5. tax records;
					 and
6. information from
					 professional licenses.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter L - Enforcement of Support Obligations › Section III-2545 - Administrative Suspension of Licenses Issued by the State of Louisiana

Current through Register Vol. 50, No. 6, June 20, 2024
A. CSE may
					 administratively suspend licenses of child support obligors who are not in
					 compliance with an order for support. License suspension will be considered if
					 income assignment is not effective, or if the obligor is not making payments or
					 is making only periodic payments. An obligor shall meet one of the following
					 criteria to be considered for license suspension:
1. delinquent at least 90 days in the payment
					 of support or in making periodic payments on a support arrearage pursuant to a
					 court order or written agreement with the department;
2. has failed to provide and/or maintain
					 health insurance ordered by a court.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter L - Enforcement of Support Obligations › Section III-2547 - Passport Denial

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES shall
					 administratively collect past due child support in accordance with the Passport
					 Denial Program. Individuals owing past due child support amounts in excess of
					 $2,500 will be certified by referral to the Secretary of the United States
					 Department of Health and Human Services (DHHS) to the Secretary of the United
					 States Department of State for passport denial unless the state agency
					 certifying their past due support amount excludes them from this
					 remedy.
B. SES will send an advance
					 notice to each non-custodial parent owing past due child support whose name
					 will be submitted for the Passport Denial Program. This notice will advise the
					 non-custodial parent of the right to request an administrative review solely
					 for the purpose of contesting the amount of the past due support with the
					 state(s) that has certified them for the debt. This request shall be in
					 accordance with
					 45 CFR
					 303.35.
AUTHORITY NOTE:
						Promulgated in accordance with
						42 USC
						652(k)(1),
						42 USC
						654(31),
						45 CFR
						303.35 and
						DCL-06-14.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter M - Cooperation with Other State Agencies › Section III-2575 - Department of Revenue and Taxation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Support Enforcement Services may refer support cases to the Department of
					 Revenue and Taxation which can use any means available under law to collect
					 delinquent court-ordered child support payments. SES will provide to the
					 obligor a 30-day advance notice prior to referral.
B. Criteria for referral include cases in
					 which the obligor is not making regular child support payments at least equal
					 to the monthly obligation; income assignment cannot be used; the obligor is
					 delinquent $1,000 or more; and there is an indication that the obligor may have
					 assets which could be seized to pay the delinquency.
C. The Department of Revenue will refer
					 information to SES when an obligor indicates that collection would result in
					 undue hardship to the health and welfare of his family. SES will review the
					 case and render a decision on continuance within 45 days.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						46:236.9,
						P.L.
						104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter M - Cooperation with Other State Agencies › Section III-2576 - Department of Motor Vehicles and Law Enforcement Agencies

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES may obtain information relating to
					 motor vehicle and law enforcement files for purposes of locating a noncustodial
					 parent and for purposes of enforcing orders.
AUTHORITY NOTE:
						Promulgated in accordance with
						P.L.
						104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter N - Publication of Names of Delinquent Payors › Section III-2579 - Publication of Names

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES
					 will periodically provide a listing of noncustodial parents who are delinquent
					 in child support payments for publication by the media. Publication may be at
					 the expense of DSS or on a public service basis. The information will also be
					 included on the DSS homepage on the Internet. The entire list, or segments
					 thereof, may be provided to the media or placed on the DSS homepage.
B. Information to be released includes the
					 name, date of birth, last known address, and the total amount of past-due
					 support owed by the noncustodial parent. Persons to be listed are those who
					 have made no payments within the last six months, excluding payments received
					 through IRS, state tax, or lottery intercepts. Noncustodial parents who are
					 incarcerated or who cannot pay because of a proven disability will not be
					 listed. If a noncustodial parent is listed on the DSS homepage the name will be
					 removed only upon written request of the noncustodial parent and proof that the
					 arrears have been reduced to less than six months support.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						46:236.6(F).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 25 - Support Enforcement › Subchapter N - Publication of Names of Delinquent Payors › Section III-2580 - Publication of the "Most Wanted" Poster

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES will periodically publish a "Most
					 Wanted" poster featuring 10 or more noncustodial parents each of whom meets the
					 following criteria:
1. owes a total of $5,000
					 or more in past due support;
2. has
					 not been making regular payments; and
3. his/her whereabouts are unknown or
					 unverified.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 27 - General Program Administration › Subchapter A - Establishment of Paternity › Section III-2701 - Blood Tests

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
					 August 1992, if paternity is established and paternity blood tests were
					 performed, the Department of Social Services, Office of Family Support, Support
					 Enforcement Services, must attempt to obtain a judgment of the costs of the
					 blood tests from the party who denied paternity, as long as the amount
					 requested does not exceed the actual costs of the blood tests.
AUTHORITY NOTE:
						Promulgated in accordance with F.R. 56:22335,
						45 CFR
						303.5.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 27 - General Program Administration › Subchapter A - Establishment of Paternity › Section III-2703 - Hospital-Based Paternity Acknowledgment Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The agency will provide all birthing
					 hospitals in the state written materials concerning paternity establishment,
					 written descriptions of the rights and responsibilities of acknowledging
					 paternity, and the forms necessary to voluntarily acknowledge such, as well as
					 training necessary to operate the program. The agency will receive
					 acknowledgments generated by the program and maintain a statewide database.
					 Information from the database will be used in child support matters subject to
					 the jurisdiction of SES.
AUTHORITY NOTE:
						Promulgated in accordance with
						45 CFR
						303.4(f),
						303.5(g) and
						(h),
						R.S.
						40:46.1.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 27 - General Program Administration › Subchapter A - Establishment of Paternity › Section III-2705 - Administrative Process for Establishing Paternity

Current through Register Vol. 50, No. 6, June 20, 2024
A. Upon receipt of a Paternity Declaration
					 Form, Support Enforcement Services will notify the alleged father by certified
					 mail that he has been named as father of the child and that he has 90 days to
					 contest the allegation. If the alleged father fails to contest the allegation
					 in writing within this time frame, he shall be presumed to be the father of the
					 child for support purposes only. The agency or the custodial parent may then
					 proceed with establishing a support order.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						40:34
						(E).
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 27 - General Program Administration › Subchapter C - Establishment and Modification of Support Orders › Section III-2754 - Obtaining Consumer Reports for Purposes Related to Child Support

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES will obtain
					 credit reports on noncustodial parents from consumer reporting agencies to be
					 used in determining ability to pay child support and the appropriate level of
					 such payments. Such information will be obtained only after the parent has been
					 given 10-day notice, or the parent waives the 10-day notice.
AUTHORITY NOTE:
						Promulgated in accordance with
						P.L.
						104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 27 - General Program Administration › Subchapter C - Establishment and Modification of Support Orders › Section III-2755 - Cooperative Agreements with Financial Institutions

Current through Register Vol. 50, No. 6, June 20, 2024
A. SES will enter into cooperative agreements
					 with financial institutions to match data in an effort to locate assets of
					 noncustodial parents who are delinquent in payment of support, and to place
					 liens or to encumber such assets.
AUTHORITY NOTE:
						Promulgated in accordance with
						P.L.
						104-193.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 27 - General Program Administration › Subchapter D - State Case Registry › Section III-2756 - Safeguarding Information

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Support Enforcement Services shall maintain a State Case Registry which
					 contains case names, Social Security numbers, dates of birth, address, and
					 employer information on all cases receiving services and all child support
					 orders issued or modified in the state. This information shall be transmitted
					 to the Federal Case Registry which may be accessed by authorized agencies in
					 other states. If a determination is made that SES has reasonable evidence of
					 family violence, either domestic violence or child abuse, the State Case
					 Registry shall include an indicator of family violence for the individual. The
					 family violence indicator will prohibit release of information to any
					 authorized person or agency, unless the authorized person or agency secures a
					 court order to release the information. The court will make the ultimate
					 decision regarding disclosure of that information to the requester.
B. Reasonable evidence of
family
					 violence
is defined by any one of the following:
1. a protective order has been entered with
					 respect to either party or the child;
2. DSS or medical records indicate violence
					 or abuse;
3. corroborative evidence
					 from at least two witnesses;
4.
					 residence in a shelter for battered women;
5. good cause determination has been made by
					 FITAP, Medicaid, or Foster Care.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 28 - Non-IV-D Program › Subchapter A - Non-IV-D Case Administration › Section III-2801 - General Provisions

Current through Register Vol. 50, No. 6, June 20, 2024
A. In all
					 new child support orders not being enforced by the Department of Social
					 Services, payments for immediate income assignment orders shall be made payable
					 through the Department of Social Services, Office of Family Support, Support
					 Enforcement Services. Services provided are limited to accepting payments
					 through immediate income assignment, distributing those payments, maintaining
					 payment history records, and retaining records in the same manner as IV-D
					 cases. Enforcement services are not provided. Case records are determined
					 confidential as per
					 R.S.
					 46:56.
B. Payments shall be made payable to the
					 Department of Social Services. When a payment is received from the noncustodial
					 parent or that parent's employer, the support payment will be distributed in
					 accordance with standards for child support orders not associated with IV-D
					 services. The clerks of court will provide information to identify a case if
					 requested by the Department of Social Services.
AUTHORITY NOTE:
						Promulgated in accordance with
						45 CFR
						303.100, P.L. 100-485 and
						R.S.
						9:303;  42 U.S.C. Section 654 (b)  and
						R.S.
						46:236.11.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 4 - Child Support Enforcement › Chapter 28 - Non-IV-D Program › Subchapter A - Non-IV-D Case Administration › Section III-2802 - Agency Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Information required to be provided in order for the department to properly
					 identify and distribute payments are the names, mailing addresses, Social
					 Security numbers, and dates of birth of both the custodial and absent parent,
					 obligation amount, effective date of obligation, frequency of payment, docket
					 number, child(ren)'s name(s), child(ren)'s Social Security numbers, and
					 child(ren)'s dates of birth. Custodial parents must report changes of address
					 to the Department of Social Services. If there is insufficient identifying
					 information to process a payment, the department will hold payments in a
					 suspense file until necessary information is received.
B. Whenever a posting and/or distribution
					 error is discovered resulting in an overpayment, action will be taken to
					 resolve the problem by asking the custodial parent to return the check to the
					 department. Otherwise, the department will institute recoupment of the
					 overpayment by withholding up to 10 percent from future payment(s) in the
					 case.
C. When there are disputes
					 regarding the handling of the immediate income assignment on a non-IV-D case,
					 the parties may ask for an administrative review of the matter through written
					 request to the director, Support Enforcement Services, Box 94065, Baton Rouge,
					 LA 70804-4065.
AUTHORITY NOTE:
						Promulgated in accordance with
						45 CFR
						303.100, P.L. 100-485 and
						R.S.
						9:303.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 6 - General Assistance (GA) › Chapter 33 - Application, Eligibility, and Furnishing Assistance › Subchapter A - Application, Determination of Eligibility, and Furnishing Assistance › Section III-3301 - Phase Out of General Assistance Program

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Department of Health and Human
					 Resources, Office of Family Security will discontinue accepting applications
					 for its general assistance program with the benefits currently being paid
					 phased out and will eliminate all expenditures under the program no later than
					 June 30, 1986.
AUTHORITY NOTE:
						Promulgated in accordance with
						R.S.
						46:51 and
						R.S.
						36:254.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 8 - U.S. Citizens Repatriation Program › Chapter 39 - Organization › Subchapter A - Designation and Authority of State Agency › Section III-3901 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The U.S.
					 Citizens Repatriation Program is established in accordance with applicable
					 Sections of 45 CFR.
AUTHORITY NOTE:
						Promulgated in accordance with applicable Sections of 45
						CFR.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 8 - U.S. Citizens Repatriation Program › Chapter 39 - Organization › Subchapter A - Designation and Authority of State Agency › Section III-3903 - State Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Effective
					 November 1, 1985, Louisiana will implement the state plan in order to allow for
					 the activation of the Emergency Repatriation Program in the event that an
					 emergency occurs in a foreign country which would require the immediate
					 evacuation of American citizens and their dependents from overseas areas to the
					 continental United States. A copy of this plan is available for review in each
					 local Office of Family Security.
AUTHORITY NOTE:
						Promulgated in accordance with  45 CFR 212 .
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 9 - Refugee Resettlement Program › Chapter 41 - Administration › Section III-4101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Refugee
				  Resettlement Program is established in accordance with applicable Sections of
				  45 CFR.
AUTHORITY NOTE:
					 Promulgated in accordance with applicable Sections of 45
					 CFR.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 9 - Refugee Resettlement Program › Chapter 43 - Application, Eligibility, and Furnishing Assistance › Subchapter A - Coverage and Conditions of Eligibility › Section III-4301 - Coverage and Conditions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 Department of Health and Human Resources, Office of Family Security, shall
					 revise the Refugee Resettlement Program as follows.
1. A refugee must register for employment
					 services as a condition of receiving cash assistance regardless of his/her date
					 of entry into the United States unless otherwise exempt from such
					 registration.
2. Every employable
					 refugee shall participate in any social service program that the Office of
					 Family Security and/or Office of Human Development determines is available and
					 appropriate.
3. An employable
					 refugee's cash assistance shall be terminated (after opportunity for an
					 administrative hearing) with the month in which the refugee refuses an
					 appropriate offer of employment or refuses to participate in an available and
					 appropriate Social Service Program.
4. Cash assistance shall not be made
					 available to refugees who are full time students in institutions of higher
					 education.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 9 - Refugee Resettlement Program › Chapter 43 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Need and Amount of Assistance › Section III-4303 - Earned Income Disregard

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 Department of Health and Human Resources, Office of Family Security shall not
					 allow refugee resettlement recipients an earned income disregard of $30 plus
					 one third of the remainder of the earnings when determining the grant
					 amount.
AUTHORITY NOTE:
						Promulgated in accordance with F.R.
						47:10849.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 9 - Refugee Resettlement Program › Chapter 43 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Need and Amount of Assistance › Section III-4305 - Payment Standard

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Refugee cash assistance payments for an eligible refugee shall be 100 percent
					 of the payment level which would be appropriate for an eligible filing unit of
					 the same size under the FITAP Program.
AUTHORITY NOTE:
						Promulgated in accordance with
						45
						CFR
						400.62.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 9 - Refugee Resettlement Program › Chapter 43 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Need and Amount of Assistance › Section III-4307 - Payment Amount

Current through Register Vol. 50, No. 6, June 20, 2024
A. Round down
					 to the next lower dollar the budgetary deficit to determine the payment amount
					 for FITAP and refugee resettlement recipients. The budgetary deficit is the
					 amount remaining after subtracting applicable income from the total assistance
					 needs (flat grant amount). Prorate the initial assistance payment for FITAP and
					 refugee resettlement recipients when the case is certified effective the same
					 month as application. Payment will not be made for any period prior to the date
					 of application.
AUTHORITY NOTE:
						Promulgated in accordance with P.L. 97-248 and F.R. 47:41108 et
						seq.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 11 - Disability Determination Services › Chapter 49 - Organization › Subchapter A - Designation and Authority of State Agency › Section III-4901 - Federal Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
					 official policy of the Disability Determinations Program shall be the federally
					 produced and distributed Program Operational Manual System. Any changes in
					 policy promulgated in accordance with federal rulemaking procedures shall be
					 the official policy of the Disability Determinations Program.
AUTHORITY NOTE:
						Promulgated in accordance with Section 221. (a)(2) of the Social Security
						Act.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 12 - Child Care Assistance Program › Chapter 51 - Child Care Assistance Program › Subchapter A - Administration, Conditions of Eligibility, and Funding › Section III-5101 - Authority

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Child Care
					 Assistance Program is established effective October 1, 1997 and administered
					 under the authority of state and federal laws.
AUTHORITY NOTE:
						Promulgated in accordance with 45 CFR Parts 98 and 99,
						P.L.
						104-193, and
						R.S.
						36:474.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 12 - Child Care Assistance Program › Chapter 51 - Child Care Assistance Program › Subchapter A - Administration, Conditions of Eligibility, and Funding › Section III-5103 - Conditions of Eligibility

Current through Register Vol. 50, No. 6, June 20, 2024
A. Family
					 Independence Temporary Assistance Program (FITAP) recipients who are
					 satisfactorily participating in the Strategies to Empower People (STEP)
					 Program, as determined by the case worker, are categorically eligible. The
					 program will pay 100 percent of the FITAP/STEP participant's child care costs,
					 up to the maximum amounts listed in §5109. B The following eligibility
					 criteria must be met.
1. The household must
					 include a child in current need of child care services who is under the age of
					 13, or age 13-17 and physically or mentally incapable of caring for himself or
					 herself, as verified by a physician or certified psychologist, or by receipt of
					 Supplemental Security Income (SSI), or who is under court
					 supervision.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 12 - Child Care Assistance Program › Chapter 51 - Child Care Assistance Program › Subchapter A - Administration, Conditions of Eligibility, and Funding › Section III-5104 - Reporting Requirements Effective February 1, 2004

Current through Register Vol. 50, No. 6, June 20, 2024
A. A low income child care household that is
					 not included in a Supplemental Nutrition Assistance Program Simplified
					 Reporting household shall report any change that affects eligibility or the
					 amount of monthly benefits. Changes in income must be reported if the
					 household's gross monthly income changes by more than $100 in earned income or
					 $50 in unearned income. Changes shall be reported within 10 days of the
					 knowledge of the change.
B. A low
					 income child care household that is included in a SNAP simplified reporting
					 household is subject to the simplified reporting requirements in accordance
					 with LAC 67:III.2013. In addition, these households must report the following
					 changes within 10 days of the knowledge of the change:
1. a change in child care provider;
2. an interruption of at least three weeks or
					 termination of any TEMP's employment or training, or
3. a child receiving CCAP services leaves the
					 home.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 12 - Child Care Assistance Program › Chapter 51 - Child Care Assistance Program › Subchapter A - Administration, Conditions of Eligibility, and Funding › Section III-5105 - Funding Availability

Current through Register Vol. 50, No. 6, June 20, 2024
A.
					 Louisiana's share of the national total of available funds for child care
					 programs is based on factors determined by federal law and regulation. Funds
					 are appropriated by Congress and allocated on an annual basis so that a limited
					 amount of federal funding is available each year through the Child Care and
					 Development Fund (CCDF). Therefore, a determination will be made of the number
					 of children, or "slots," that the CCDF can pay for based on available funding.
1. The children of STEP participants shall be
					 categorically eligible for child care benefits. The children of STEP
					 participants whose FITAP eligibility is terminated due to earned income will be
					 given priority status with slots available for them as long as other
					 eligibility factors are met and funding is available.
2. Children with special needs will be given
					 priority status should it be necessary for a waiting list to be implemented.
					 Children with special needs will be given priority status with slots available
					 for them as long as other eligibility factors are met.
3. After all available slots are filled; a
					 waiting list of cases or eligible children will be established and maintained
					 for each parish in chronological order by date of application. As slots become
					 available, cases will be removed from the waiting list and considered for
					 current eligibility.
a. To facilitate
					 maintaining an active waiting list in each parish, open enrollment will be
					 scheduled for a limited time in the months of October, January, April, and
					 July. During open enrollment periods, children determined eligible will be
					 added to the waiting list. At the agency's discretion additional enrollment
					 periods may be designated.
Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 12 - Child Care Assistance Program › Chapter 51 - Child Care Assistance Program › Subchapter A - Administration, Conditions of Eligibility, and Funding › Section III-5106 - Ineligible Payments

Current through Register Vol. 50, No. 6, June 20, 2024
A. All
					 ineligible benefits are subject to action to recover such benefits with the
					 exception of inadvertent household error claims and administrative error claims
					 of $125 or less for non participating households.
B. Action will be taken to recover all claims
					 for participating households, all claims which are determined to be the result
					 of intentional program violation (IPV), and all claims resulting from errors
					 which are discovered in a quality control review.
C. When a participant is suspected of IPV,
					 appropriate referral and forms shall be submitted to the Fraud and Recovery
					 Section. The Fraud and Recovery Section may then:
1. refer the case for prosecution;
					 or
2. refer the case to the Appeals
					 Bureau for a disqualification hearing if the participant does not sign the
					 waiver of right to an administrative hearing and the facts of the case do not
					 warrant civil or criminal prosecution through the appropriate court systems; or
					 the case was previously referred for prosecution and was declined by the
					 appropriate legal authority; or the case was previously referred for
					 prosecution and no action was taken within a reasonable period of time and the
					 referral was formally withdrawn by Fraud and Recovery.