Assignment of Rights in Title IV-E Foster Care Cases

DCSS-POL-06-11.2 v.2

The purpose of this policy is to provide staff and members of the public a working knowledge of the assignment of support rights requirements for cases referred by the Title IV-E foster care agency.

This policy applies to all Arizona IV-D program staff performing Title IV-D services.

The right to support of a child receiving foster care maintenance payments funded under Title IV-E of the Social Security Act is assigned to the State by operation of law.
If the child support order covers more than one child, the DCSS shall determine the amount to be distributed to the state by dividing the court ordered support amount by the number of children in the court order.
The DCSS shall take all steps necessary to enforce the assigned rights to support.
The assignment of rights to support terminates when the State stops making Title IV-E foster care maintenance payments.

The DCSS (the State) must be assigned as the custodial parent (CP) in an open Foster Care Case.
Payments are not already allocated to another individual or entity for the child(ren) in the case.

If all criteria are not met, the DCSS will enforce Assignment of Support Rights in accordance with this policy.

This policy is supported by staff procedures, which identify how action related to this policy will be conducted, including responsibilities, time frames, and required actions.

Federal Authority
42 U.S.C. § 671(a)(2) and (a)(17)	State plan for foster care and adoption assistance
42 U.S.C. § 671	State plan for foster care and adoption assistance
45 C.F.R. § 302.52	Distribution of support collected in Title IV-E foster care maintenance cases

State Authority
A.R.S. § 8-243.02	Assignment of rights to support; priority
A.R.S. § 46 - 407	Assignment of rights to support; definition