Assignment of Child Support Foster Youth

Current Colorado law requires that a decree providing for placement of a child with a public agency be accompanied by a court order that obligates the child's parent to pay a fee, based on the parent's ability to pay. The fee covers the costs of a guardian ad litem and of providing for residential care of the child. The bill removes the requirement for a court order obligating a child's parent to pay the fee for residential child care and guardian ad litem costs. Instead, the bill authorizes a delegate child support enforcement unit to impose a fee only when a county child welfare unit determines a referral is appropriate in accordance with rules promulgated by the state board of human services (state board). The bill removes the requirements that this fee be based on a parent's ability to pay and that the fee cover the cost of a guardian ad litem.

Current Colorado law assigns child support by operation of law to the state department of human services to reimburse county, state, and federal out-of-home placement costs when a child is placed in foster care. The bill limits assignments to current, rather than previously accrued, child support obligations. The bill grants a delegate child support enforcement unit discretion to enforce a child support obligation when a county child welfare unit determines a referral is appropriate in accordance with rules promulgated by the state board.

(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)