37.49.301    CHILD AND MEDICAL SUPPORT REQUIREMENTS

(1) Except as provided in (2) , in every case where a child is receiving IV-E foster care maintenance payments and/or medicaid benefits based on the absence of a parent from the home, the child's specified caretaker relative must:

(a) assign child and/or medical support rights to the department; and

(b) cooperate in establishing paternity and obtaining child and/or medical support.

(2) A specified caretaker relative is not required to cooperate in establishing paternity and obtaining child and/or medical support if good cause for refusing to do so is determined to exist in accordance with the provisions of 45 CFR 232.40 through 232.49, as amended through October 1, 1995. The department hereby adopts and incorporates by reference 45 CFR 232.40 through 232.49, as amended through October 1, 1995, pertaining to good cause for refusal to cooperate. Copies of 45 CFR 232.40 through 232.49, as amended through October 1, 1995, may be obtained from the Department of Public Health and Human Services, Office of Legal Affairs, 111 N. Sanders, P.O. Box 4210, Helena, MT 59604-4210.

(3) In addition to requiring assignment of rights and cooperation as provided in (1) , the department may seek an order requiring the payment of child and/or medical support for the child receiving IV-E foster care benefits by either or both of the child's parents.

(4) A child who is otherwise IV-E eligible will not be denied eligibility because of the failure or refusal of the placing worker, child's parent, or specified caretaker relative to comply with the requirements of (1) (a) or (1) (b) of this rule.

History: Sec. 53-2-201 and 53-6-113, MCA; IMP, Sec. 53-2-201, 53-2-613 and 53-6-131, MCA; NEW, 1999 MAR p. 1514, Eff. 7/2/99.