Haw. Code R. § 5-31-3 - Authorization of services

(a) The agency shall provide services authorized by chapter 576D, Hawaii Revised Statutes.

(b) Any individual or organization providing custodial care on behalf of a child, an alleged father, or any non-custodial parent, may apply to the agency for services. Applications shall not be accepted for the establishment of paternity or child support or both of a child who is emancipated or is beyond the age of eighteen.

(c) An applicant for or recipient of temporary assistance for needy families assigns to the State any:

(1) Rights to child and spousal support from any other person(s) to which the applicant or recipient may be entitled;

(2) Amounts that have accrued at the time the assignment is executed for the period of time that the recipient received temporary assistance for needy families; and

(3) Payments received by the recipient directly from the non-custodial parent for the period of time that the recipient received temporary assistance for needy families.

(d) An applicant or recipient of temporary assistance for needy families shall cooperate (unless good cause for refusing to do so is determined by the department of human services) with the agency in:

(1) Identifying and locating the non-custodial parent(s) of a child;

(2) Establishing paternity of a child born out of wedlock;

(3) Obtaining child and spousal support payments; and

(4) Obtaining any other payments due the applicant or recipient or the child.

(e) Those persons not receiving temporary assistance for needy families who apply for services, shall receive services for an application fee of $1 to be paid by the agency. However, where the agency is ordered to collect and distribute child support payments under section 5-31-4(b)(6) for a case in which there is no applicant, no fees shall apply.

(f) In title IV-D cases where the custodial parent has never received temporary assistance for needy families, there shall be an annual fee of $25, once there has been a total disbursement to the custodial parent of $5 0 0 within the federal fiscal year. The custodial parent shall be responsible for this annual fee. Upon the disbursement of the $500, the fee shall be retained from child support payments collected. The retention of this fee shall not adversely affect the child support amounts owed by the non-custodial parent. The fee shall not be imposed in responding interstate cases. Notwithstanding any other provision, the non-custodial parent shall be responsible for the annual fee in international cases and shall not receive child support credit for this amount. The collected fees are retained for the agency's operational expenses without the usual federal matching portion and are not considered as administrative cost of the agency's program. The collected fees are considered to be income to the program.

(g) The agency shall not accept applications for the sole purpose of disestablishing paternity.

(h) The agency shall not accept applications from children for their own support, regardless of age.

Notes

Haw. Code R. § 5-31-3

[Eff 2/13/89; am 7/27/90; am and comp 10/31/91; am and comp MAR 30 2014] (Auth: HRS § 576D-2) (Imp: HRS §§ 576D-3, 576D-6; 45 C.F.R. §§302.31, 302.33)