Prompt Referral to Child Support Division 400-19-70-35

(Revised 9/1/2021 ML #3629)

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(N.D.A.C. 75-02-01.2-33)

 

Federal law requires that the Child Support Division be notified promptly of any child whose eligibility is based on at least one parents’ continued absence from the home.

Note: Children who are subject to Pay After Performance Requirements are excluded from TANF. A referral is not made to the Child Support Division until the child meets the Work Requirement and is determined eligible for TANF. Any child support received by the Child Support Division on behalf of that child during the period the child is excluded due to Pay After Performance requirements will be released to the household and must be counted as income.

 

A referral to the Child Support Division is required for any child whose deprivation is based on the absence of a parent. A referral to the Child Support Division is not required when both parents are in the home and deprivation is based on incapacity, disability, or age. When a child's deprivation is changed from incapacity to absence of a parent, a referral to the Child Support Division is required for all children affected by the change in deprivation.

 

A referral to the Child Support Division is not required for SSI or benefit cap children who reside in the household because these children are not included in the TANF benefit.

 

A custodian under age 18 who resides outside their parental home and whose needs are included in the TANF benefit assigns rights to support against their parents as well as the parent or alleged father of any deprived child for whom the custodian cares. In this instance, referrals are sent to the Child Support Division. At the time the custodian attains age 18, the assignment of rights to support and referral against the parents of the 18-year old end.

 

The Department of Human Services utilizes automated computer systems to transmit and receive referrals and information for all children deprived of parental support and care due to continued absence. The referral information sent to the Child Support Division is used to establish paternity, locate the absent parent(s), and establish a support order. The referral is transmitted the same evening TANF benefits are issued. Additionally, the Child Support Division will notify the eligibility worker any time information is received that may affect eligibility (i.e. absent parent address the same as the child, etc.).