<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".29" citation="COMAR 07.02.11.29" title_num="07" subtitle_num="02" chapter_num="11" heading="Child Support and Other Resources for Reimbursement Towards Cost of Care.">
  <paragraph num="A.">
    <text>All of the child's resources, including parental support, the child's own benefits, insurance, cash assets, trust accounts, and, for the child who is preparing for independent living, the child's earnings, are considered, as established in the service agreement, in determining the amount available for reimbursement of the cost of care.</text>
  </paragraph>
  <paragraph num="B.">
    <text>In calculating the cost of care, the local department shall include the board rate, clothing allowance, any medical care payments made on behalf of the child, and any supplemental purchases made to meet the child's special needs.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The local department shall:</text>
    <paragraph num="(1)">
      <text>Initiate child support for every child in out-of-home placement; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Pursue support enforcement activity for both absent parents, unless the:</text>
      <paragraph num="(a)">
        <text>Legal rights of the parents or legal guardian have been officially terminated; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Parents, parent, or legal guardian have been officially notified of the termination.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>In this regulation, “parent” means the legal father or mother or natural father or mother whose rights and obligations have not been terminated.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Legal action for support need not be taken against the father or mother when parental rights have been terminated.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The local department caseworkers shall:</text>
    <paragraph num="(1)">
      <text>Inform the parents that they are responsible for the financial support of their children whether the child is in care by court order or by voluntary agreement; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Initiate a support action by furnishing information regarding the child's parents to the local child support enforcement (CSE) unit, which will undertake child support enforcement action for all out-of-home placement cases.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>After the CSE unit secures a court order of support, the CSE worker shall:</text>
    <paragraph num="(1)">
      <text>Send a copy of the court order to the out-of-home placement caseworker and to the IV-E eligibility case reviewer;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Retain copies of the document in both the child's and the parents' or legal guardian's (if appropriate) case records; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Notify the out-of-home placement worker of any changes.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Whenever a child's plan is reassessed, the out-of-home placement worker shall request information on whether support has been paid according to the terms of the order, which shall be:</text>
    <paragraph num="(1)">
      <text>Documented in the records; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Considered in making recommendations to the court and reviewing panels.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>When there is a change in the parents' or legal guardian's address or employment, or any other change which would affect the collection of child support, or when an out-of-home placement case is closed, the out-of-home placement worker shall forward this information to the Child Support Administration.</text>
  </paragraph>
  <paragraph num="J.">
    <text>The resource from the child's own earnings is determined in a manner consistent with a plan for the child to eventually assume responsibility for the child's support as provided for in the service agreement.</text>
  </paragraph>
  <paragraph num="K.">
    <text>Other Resources for the Child.</text>
    <paragraph num="(1)">
      <text>Other resources available for the child may be in the form of cash assets, trust accounts, insurance (including survivor's disability insurance), or some type of benefit or supplemental security income for the disabled child.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>While in out-of-home placement, if the child is 18 years old or older and is the beneficiary of insurance or survivor's benefits, the child shall choose whether to:</text>
      <paragraph num="(a)">
        <text>Receive benefits and pay the local department; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Designate the local department as the payee.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The local department shall seek a representative payee for an incompetent child 18 years old or older.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>The child's resources shall be applied directly to the cost of care, with any excess applied first to meeting the special needs of the child, and the net excess saved in a savings account for future needs. Any potential benefits from other resources shall be pursued and made available if possible to the local department as payee.</text>
  </paragraph>
  <paragraph num="M.">
    <text>If excess funds saved for the child have not been spent before the child is discharged from out-of-home placement, the funds shall be:</text>
    <paragraph num="(1)">
      <text>Returned to the child upon discharge if the child is 18 years old or older; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the child is younger than 18 years old, transferred to the parent or legal guardian with whom the child will reside.</text>
    </paragraph>
  </paragraph>
</regulation>