Policy & Practice | Summer 2023

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By Meg Dygert, Kati Mapa, and Jill Duerr Berrick

Opportunity Ahead: Reimagining the Role of Child Support Engagement for Child Welfare–Involved Families

T he American Public Human Services Association (APHSA) and its affinity group, the National Association of Public Child Welfare Administrators (NAPCWA), are com mitted to ensuring the well-being of children by providing families with economic supports and preventive services to help create the conditions for all families to thrive. State and local leaders currently have a significant opportunity to improve economic sta bility for many of our nation’s families by reforming what child support engagement looks like for families involved with the child welfare system. Guidance jointly promulgated in July 2022 by the federal Children’s Bureau and the Office of Child Support Services clarifies legislative intent regarding the assignment of child support obligations when children are placed in foster care. The updated guidance “encourages child welfare agencies to implement across-the board policies” regarding assignment of child support “only in very rare circumstances.” As background, the practice of col lecting child support payments from parents whose children are placed in foster care has been ongoing for almost 40 years. The Social Security Act was amended by Congress in 1984 to include provisions for states to recoup some of the costs of foster care through the assignment of child support to parents. Federal guidance required child welfare agencies to refer Title IV-E eligible parents “where

previous child support orders already in place (Cancian et al., 2017). In the instance of an existing order, any child support funds previously directed to the custodial parent are redirected to the state. The updated federal guidance is designed to significantly reduce the number of child welfare–involved parents referred to child support services and is based on accumulating evidence that shows the practice’s negative impact on children and families. Available research indicates that child support enforcement for parents whose children are in foster care is cost ineffective, reduces the likelihood or significantly delays reuni fication, increases family financial precarity, may impact kinship care givers’ willingness to serve as foster parents, and has disproportionately negative impacts on BIPOC families.

appropriate” and under conditions that support the “best interests of the child” (U.S. DHHS, 2012). Child welfare agencies were also allowed to refer non-Title-IV-E-eligible parents. The original federal guidance gave states significant latitude to define “appropriate” and offered exemp tions to the referral if imposition of child support might create a barrier to reunification. Exemptions, however, were only allowed on a case-by-case basis and recouping expenditures through child support orders remained a common practice. Following a referral from the child welfare agency, state or local child support offices are responsible for collections, in collaboration with the courts. Referrals may be made for the birth mother and/or the birth father, though research shows that a substan tial percentage of birth fathers have

Illustration by Chris Campbell

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Policy & Practice Summer 2023