9.12 Child Support

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(9) Eligibility

Policy Title:

Child Support

Policy Number:

9.12

Previous Policy Number(s):

N/A

Effective Date:

August 2024

Manual Transmittal:

2024-07

Codes/References

O.C.G.A. §15-10-310 Grounds for Determining Termination of Parental Rights
O.C.G.A. § 19-6-15 Child Support Guidelines for Determining Amount of Award: Continuation of Duty of Support; Duration of Support
O.C.G.A. § 19-11-6 Enforcement of Child Support Payments and Alimony for Public Assistance Recipients
Title IV-E of the Social Security Act Section 471(a)(17)
45 CFR §§ 303.5(b), and 303.11

Requirements

The Division of Family and Children Services (DFCS) will:

  1. Where appropriate take all steps including cooperative efforts with the state/tribal agencies administering the plans approved under Titles IV-A and D, to secure an assignment of support on behalf of each child receiving foster care maintenance payments (FCMP) under Title IV-E (see Practice Guidance: Reasons for Limiting Child Support Referrals).

  2. Only refer parents to the Division of Child Support Services (DCSS) for child support under the following circumstances:

    1. The child receives title IV-E FCMPs, and the parent abdicates their parental responsibility resulting in DFCS custody and refuses to engage in case planning and reunification. This includes:

      1. Failing to return for or retrieve their child; or

      2. Leaving their child with DFCS or others and not returning.

        “Failure to Return” should be selected on the Custody page in Georgia SHINES as a child and family circumstances at removal in these situations.

        OR

    2. There is an existing child support order when the child enters foster care; or

    3. There is a new child support order from the juvenile court subsequent to the child entering foster care.

    Refrain from referring parents for child support that otherwise meet the criteria for referral when:

    • The child’s birth resulted from incest or rape;

    • The child is in the permanent custody of DFCS;

    • The child returned home at or prior to the time the eligibility determination was completed i.e., the child returned home at the 72-hour hearing;

    • The child receives Adoption Assistance benefits;

    • The child’s parents are unknown;

    • The child’s parents are deceased;

    • The child’s parent is a minor in foster care; or

    • The child has attained 18 years of age.

  3. Verify whether “Failure to Return” is selected on the Custody page in Georgia SHINES when the parent abdicates their parental responsibility resulting in DFCS custody and refuses to engage in case planning and reunification.

  4. Where a child support referral has been made, periodically assess whether the parents are actively engaged in case planning and reunification services, and whether establishing, enforcing, or continuing to enforce child support will prevent or delay reunification.

    The assessment may be done in conjunction with the case review process.

  5. Notify DCSS when it is determined that it is no longer appropriate to establish, enforce, or continue to enforce a child support order as the parents are actively engage in case planning and reunification services, and the reduced income may prevent or delay reunification.

  6. If the child support referral was made pursuant to a juvenile court order, obtain approval from the juvenile court prior to notifying DCSS that it is no longer appropriate to establish, enforce, or continue to enforce a child support order.

  7. Document in Georgia SHINES within 72 hours of occurrence, changes to the child’s foster care case impacting child support establishment and collection. This may include but is not limited to the completing the Foster Care Eligibility Notice of Change (NOC).

    Information is exchanged between DFCS and DCSS through an information interface connecting Georgia SHINES and the DCSS system known as $TARS. A child support referral to DCSS from DFCS initiates the information exchange.

Procedures

Social Services Case Manager

  1. To facilitate a referral for to DCSS for child support:

    1. Complete and submit the IV-E/Foster Care Eligibility Application in Georgia SHINES to the Revenue Maximization Specialist (RMS) when the child enters foster care in accordance with policy 9.3 Eligibility: Applying for Initial Funding, for a determination of whether the child meets the criteria for title IV-E FCMP.

      1. If “Failure to Return” is selected on the Custody Page, write “Failure to Return in the Comment Box on the IV-E/Foster Care Eligibility Application; or

      2. If there is an existing child support court order when the child enters foster care:

        1. Document the court order in Georgia SHINES, upload a copy to External Documentation and add “child support order” in the Comments section.

        2. Write “existing child support order” in the Comment box on the IV-E/Foster Care Eligibility Application.

    2. If the juvenile court orders child support subsequent to the child entering care:

      1. Upload the order to External Documentation in Georgia SHINES. Add “child support order” in the Comment box, and

      2. Complete the NOC requesting a referral to DCSS and write “new juvenile court order for child support” in the Comment box.

    Referrals to DCSS for child support are made by the RMS. For the initial referral, the RMS reviews the application and other information to determine whether the case meets the criteria for referral. For subsequent child support orders from the juvenile court, the RMS reviews the NOC and court order and makes the referral. Referred cases go to DCSS in the name of each qualifying child. DCSS seeks child support from each parent of the child. Following the initial referral, information is available to DCSS only for those parents who are listed in Georgia SHINES and linked to the child.

  2. Inform parents who met the criteria of the referral to DCSS for child support and of their obligation to cooperate with DCSS while their child remains in foster care.

  3. After the RMS makes the child support referral:

    1. Report or initiate changes to DCSS by updating all required fields in Georgia SHINES to include:

      1. A change to the permanency plan;

      2. A juvenile court order or any other orders for child support, and upload the order in External Documentation;

        DCSS must establish a new support order in Superior Court to collect child support ordered anywhere other than Superior Court, in most cases.

      3. Request a new child support referral for another parent by:

        1. Updating the person detail page with the new parent’s demographic information, including their relationship to the child; and

        2. Completing the NOC.

          DCSS considers one alleged father per child at a time. Following another individual’s negative DNA test or upon identifying a previously unknown parent, a new referral to DCSS is required to initiate child support on that individual. Complete the NOC, explain the circumstances in the Comment box, to prompt Rev Max to initiate the new referral.

      4. New information regarding a parent’s employment status;

      5. Effective date of termination of parental rights (TPR) or voluntary surrenders;

      6. Effective date of the child’s return home.

    DCSS receives changes from DFCS through the Georgia SHINES interface with DCSS’ $TARS.

  4. Where a child support referral has been made, in conjunction with the Social Services Supervisor (SSS) periodically reassess whether the parents are actively engaged in case planning and reunification services, and whether establishing, enforcing, or continuing to enforce child support will prevent or delay reunification.

  5. When it is determined that a notification to DCSS is warranted based on the determination that establishing, enforcing, or continuing to enforce child support will prevent or delay reunification:

    1. If the child support referral was pursuant to a juvenile court order, obtain approval from the juvenile court prior to notifying DCSS (see policy 17.1 Legal: The Juvenile Court Process).

    2. Notify DCSS via email at DCSSFieldsOperations@dhs.ga.gov. Include the following information in the email: “Due to the parent’s participation in case planning, compliance with services, and potential for a delay in reunification caused by reduced income, DFCS has determined that this case is no longer appropriate to establish, enforce, or continue to enforce a child support order. Please close this case.”

      Follow up with DCSS may be needed to determine the status/outcome of this notification. Generally, DCSS will respond to the email within 10 business days to notify DFCS of the status/outcome of the case. The SSCM should send a follow-up email to DCSS if no response has been received within 30 calendar days.

  6. Document events, efforts, decisions and results pertaining to child support in the documentation narrative in Georgia SHINES.

Social Services Supervisor

  1. Review the case record in Georgia SHINES to:

    1. Verify on the Custody page that the SSCM selected “failure to return” and that the selection matches the circumstances of the case, where appropriate.

    2. Ensure all relevant fields in Georgia SHINES are completed or updated to report changes in the case impacting child support.

    3. Ensure the person detail page in Georgia SHINES and an NOC are completed when a new referral is required on an additional or newly identified potential father.

  2. During monthly staffings, discuss the SSCM’s assessment of whether the parent is actively engaged in case planning and reunification services and if the continued child support will prevent or delay reunification.

  3. Ensure the SSCM follows the outlined procedures and notifies DCSS using the email content outlined provided, when it is determined establishing, enforcing, or continuing to enforce child support will prevent or delay reunification.

  4. Ensure that when the child support order was pursuant to a juvenile court order, the SSCM obtains the approval of juvenile court prior to notifying DCSS that it is no longer appropriate to establish, enforce, or continue to enforce a child support order requested.

The RMS will:

  1. Refer the parents to the DCSS via Georgia SHINES as part of the eligibility determination for medical assistance and title IV-E, if:

    1. The child receives title IV-E FCMPs and

    2. The comment box indicates “Failure to Return” is selected on the Custody page in Georgia SHINES as a child and family circumstances at removal or,

    3. There is an existing child support order when the child enters foster care, or

    4. A child support order is issued by the new juvenile court subsequent to the initial eligibility determination.

  2. Refer a new alleged parent to DCSS when notified via the NOC in Georgia SHINES.

Practice Guidance

Reasons for Limiting Child Support Referrals

The Administration of Children and Families’ (ACF), Children’s Bureau (CB) affords States the flexibility to determine which cases are appropriate for a referral to child support. States can narrowly define the term “where appropriate” and only refer cases where there will be no adverse impact on the successful achievement of the child’s permanency plan of reunification. CB notes that studies show the assignment of the rights to child support is generally not found to be cost effective when applied to families where children are eligible for title IV-E FCMP as the parent(s) of these children are likely to be living in poverty. Reducing the income of the parent(s) could impede their ability to engage in reunification efforts, potentially extending a child’s time in foster care. In these circumstances, it is probably not in the child’s best interest to secure an assignment of child support.

Georgia law also allows DCSS to request a modification to the collection of child support based on a child’s permanency plan if the child support may impede the parent’s ability to establish a household and prepare for the child’s return.

Child Support Referral and Collections

RevMax is responsible for referring cases to DCSS via Georgia SHINES during the eligibility determination for title IV-E and medical assistance, when a new parent is identified, or when there is a juvenile court order.

When DFCS has temporary custody of the child, child support funds collected by DCSS are used to pay for the child’s care. Any remaining or unused funds may be deposited in a restricted funds account for the child (see Field Fiscal Services Financial Part 2 Manual 2403 Financial Section II: Restricted Funds - Children regarding restricted funds).

DCSS depends on DFCS to share critical updates that determine whether they continue collecting child support and where they are required to send those funds. For example, when DFCS enters TPR in Georgia SHINES, DCSS learns of the change through the interface. As a result, the collection of new child support from that parent ceases. However, DCSS may continue to collect past due child support, also known as arrears, for any months the child was in foster care that the parent did not pay.

Paternity

When a case has been referred to DCSS and where paternity is an issue, DCSS arranges and pays for DNA testing. However, if the alleged father tested is the biological father, he will be required to pay for the testing. Any other need by the county department to establish paternity e.g., in preparation for filing a petition for TPR, identification of a placement resource, DFCS may initiate paternity testing in accordance with policy 19.23 Case Management: Paternity Testing.

Forms and Tools

N/A