C.F.R. » Title 45 » CHAPTER II—OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › PART 235—ADMINISTRATION OF FINANCIAL ASSISTANCE PROGRAMS

45 C.F.R. § 235.70

Prompt notice to child support or Medicaid agency

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(a) A State plan under title IV-A of the Social Security Act must provide for prompt notice to the State or local child support agency designated pursuant to section 454(3) of the Social Security Act and to the State title XIX agency, as appropriate, whenever:

(1) Aid is furnished to a child who has been deserted or abandoned by a parent, to the parent(s) with whom the child lives, or to a pregnant woman under § 233.90(c)(2)(iv), or

(2) Any of the persons in paragraph (a)(1) of this section is deemed to be a recipient of aid under § 233.20(a)(3)(viii)(D).

(b) In this section:

(1) Aid means Aid to Families with Dependent Children, or AFDC Foster Care.

(2) Prompt notice means written notice including a copy of the AFDC case record, or all relevant information as prescribed by the child support agency. Prompt notice must also include all relevant information as prescribed by the State medicaid agency for the pursuit of liable third parties. The prompt notice shall be provided within two working days of the furnishing of aid or the determination that an individual is a recipient under § 233.20(a)(3)(viii)(D). The title IV-A, IV-D and XIX agencies may agree to provide notice immediately upon the filing of an application for assistance.

(3) Furnish means the date on which cash is given to the family, a check or warrant is mailed to the family, a deposit is made in a bank for the family, or other similar circumstances in which an assistance payment is made to the family, or the date on which individuals are determined to be recipients under § 233.20(a)(3)(viii)(D).

(4) A child who has been deserted or abandoned by a parent means any child whose eligibility for AFDC is based on continued absence of a parent from the home, and includes a child born out of wedlock without regard to whether the paternity of such child has been established.

[47 FR 5683, Feb. 5, 1982, as amended at 56 FR 8933, Mar. 4, 1991]
Notes of Decisions
Cited in 5 cases, 1971–1973 · leading case: Story v. Roberts, 352 F. Supp. 473 (M.D. Fla. 1972).
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Story v. Roberts, 352 F. Supp. 473 (M.D. Fla. 1972). · cites it 4× “§ 602 (a)(10), and pertinent regulation thereunder, 45 C.F.R. 235.70 (1971), retroactive payments cannot be awarded because the eleventh amendment [*] prevents the Court from extending its jurisdiction to suits of this kind.”
Meyers v. Juras, 327 F. Supp. 759 (D. Or. 1971). · cites it 2× “This requirement has no effect upon the determination of eligibility. It is a requirement upon the agency, and is fulfilled *762 by providing the * * * information after a family has been found eligible and been granted assistance * * *.”
Shirley v. Lavine, 365 F. Supp. 818 (N.D.N.Y. 1973). “, 45 C.F.R. 235.70(a), promulgated in February, 1971, and still in effect, wherein it is said of the NOLEO requirement of giving notice to law enforcement officials of the granting of AFDC to an abandoned child, that this “requirement has no effect upon the determination of…”
Saddler v. Winstead, 332 F. Supp. 130 (N.D. Miss. 1971). “3869; 45 C.F.R., § 235.70 , the following: “Section 235.”
Doe v. Gillman, 479 F.2d 646 (8th Cir. 1973). “See also 45 C.F.R. § 235.70 (a) (1972); Handbook of Public Assistance Administration, Part IV, § 8120.”
— 45 C.F.R. § 235.70(a) — 1 case
Shirley v. Lavine, 365 F. Supp. 818 (N.D.N.Y. 1973). “, 45 C.F.R. 235.70(a), promulgated in February, 1971, and still in effect, wherein it is said of the NOLEO requirement of giving notice to law enforcement officials of the granting of AFDC to an abandoned child, that this “requirement has no effect upon the determination of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.