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8.4C TITLE IV-E, General Title IV-E Requirements, Child support
Items with a star (*) and gray background have been modified from previous record.
Question Number 1:
06/13/2013 - Current
Question
*As part of the Aid to Families with Dependent Children (AFDC) requirements for eligibility, the parents must sign a child support assignment form. Does this provision apply to title IV-E?
Answer
*When Public Law 96-272 established title IV-E in 1980, it made no provision for the assignment of support rights as a condition of eligibility. Early developmental policy stated that under title IV-E the assigment of support rights was optional; however, section 471(a)(17) of the Social Security Act (as amended by Public Law 98-378, (effective October 1, 1984)) requires title IV-E agencies to take steps to secure an assignment of support rights on behalf of each child receiving title IV-E foster care maintenance payments. However, a child is not ineligible under title IV-E because the parent fails to comply with certain AFDC requirements in regard to child support assignment.

According to the regulations, "a child may not be denied AFDC either initially or subsequently because a parent or other caretaker relative fails to cooperate with the child support agency..." (45 CFR 233.90 (b)(4)(i)).

Source/Date
*ACYF-CB-PIQ-85-07 (6/25/85) (revised 6/6/13)
Legal and Related References
45 CFR 233.90

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02/03/2001 - 06/13/2013 (Original Record)
Question
As part of the Aid to Families with Dependent Children (AFDC) requirements for initial eligibility, the parents must sign a child support assignment form. Does this provision apply to title IV-E?
Answer
When Public Law 96-272 established title IV-E in 1980, it made no provision for the assignment of support rights as a condition of eligibility. Early developmental policy stated that under title IV-E the assigment of support rights was optional; however, section 471 (a) (as amended by Public Law 98-378, (effective October 1, 1984)) requires States to take steps to secure an assignment of support rights on behalf of each child receiving title IV-E foster care maintenance payments. However, a child is not ineligible under title IV-E because the parent fails to comply with certain AFDC requirements in regard to child support assignment.

According to the regulations, "a child may not be denied AFDC either initially or subsequently because a parent or other caretaker relative fails to cooperate with the child support agency..." (45 CFR 233.90 (b)(4)(1)).

Source/Date
ACYF-CB-PIQ-85-07 (6/25/85)
Legal and Related References
45 CFR 233.90

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