Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part V - Child Welfare › Subpart 5 - Foster Care › Chapter 35 - Payments, Reimbursables, and Expenditures › 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

Current through Register Vol. 50, No. 6, June 20, 2024
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.
AUTHORITY NOTE:
					 Promulgated in accordance with
					 R.S.
					 46:51.1.