When a child enters foster care, the parent or individual is treated as assigning support rights to the department, and the department can collect support payments.
§51.1.1. Child support programs; foster care; rights; responsibilities A.(1) If a child is removed from a parent's or another individual's custody or voluntarily placed into foster care by the parent or the individual, the parent or individual shall be deemed to have made an assignment to the department of his entire right, title, and interest to any support obligation the parent or individual may have in his own behalf or on behalf of any family member receiving foster care services which has accrued at the time of the placement of the child in foster care and which accrues during the time the child is in foster care without necessity of signing any documents. (2) Voluntary child support payments made to the parent or individual at the time of placement of the child in foster care or during the time the child is in foster care shall be deemed to have been assigned to the department, unless the assignment is contrary to a valid court order. The department may thereafter collect the support payments by appropriate process. B.(1) The parent or individual shall also be deemed to have consented to all of the following: (a) The designation of the department as payee in an initial or amended order of support. (b) The appointment of the child support enforcement administrator as the parent's or individual's true and lawful attorney-in-fact to act in the parent's or individual's name, place, and stead to perform the specific act of endorsing any and all drafts, checks, money orders, or other negotiable instruments representing support payments which are received on behalf of the parent or individual. (2) The department shall be an indispensable party to any proceeding involving a support obligation or arrearage owed pursuant to this Section. C. No parent or individual who has had a child removed from the parents' custody or voluntarily placed in foster care shall be permitted to enter into a contract for the collection of support pursuant to R.S. 51:1441 et seq. Any such contract shall be considered a violation of public policy and shall be void. D. Nothing in this Section shall be construed to require the child support enforcement program to violate 45 CFR 302.51 or 45 CFR 302.52. E. The provisions of this Section shall apply retroactively to all support rights assigned, whether by written assignment or by operation of law, prior and subsequent to June 11, 2019. Acts 2019, No. 241, §1, eff. June 11, 2019.