Effective January 1, 2023, counties cannot refer parents whose children have been removed from the home and who are receiving Child Welfare Services to child support agencies. The only exception to this rule is if a parent’s annual income is more than $100,000, or 400 percent of the federal poverty level, whichever is greater, and referral will not be a barrier to reunification.
In addition, effective January 1, 2023, accrual and collection of foster care related child support payments that do not meet the exception stops.
Counties are encouraged to reassess cases where the family meets the exception if they get information that the parent’s situation no longer meets the exception.
Counties must still do the CW 51 child support referral form for foster care cases and note on the form that the referral will not be sent to the local child support agency unless the parents meet the income exception. (ACL 23-29, March 20, 2023.)