Children in State Custody FAQ

Table of Contents

1. What is state custody?
2. Who gets involved?
3. How does CSED know when a child might be in state custody?
4. Who is responsible for child support when the child is in state custody?
5. How is my child support obligation calculated?
6. Why do I have two cases for the same child?
7. What should I do when my child is no longer in state custody?
8. How long can CSED charge child support for children in foster care?

1. What is state custody?

State custody typically refers to a period of time when the State of Alaska has legal custody of a child.  This may include the removal of the child from the home.  An out of home placement may be a foster care home, residential care, residential treatment, guardianship or juvenile detention.

2. Who gets involved?

Two state agencies are responsible for removing children from their homes and placing them in state custody. 

• The Office of Children's Services (OCS)
• The Division of Juvenile Justice (DJJ)

3. How does CSED know when a child might be in state custody?

The Office of Children's Services or the Division of Juvenile Justice will complete a referral to CSED notifying the agency that a child is in their custody.  A parent may also fill out a noncustodial parent application for service.

4. Who is responsible for child support when the child is in state custody?

Both parents have a legal responsibility for the care and maintenance of their child(ren).  Each parent will have their own individual case(s) with a monthly amount they are required to pay.  If a parent already has an order on file for the child that is in foster care, CSED will redirect the payment to the State of Alaska to assist with the cost of caring for their child.  If there isn't an order, CSED will set up a new case and a child support order will be established.  

5. How is my child support obligation calculated?

There is a formula, described in Civil Rule 90.3, that determines how much a parent should pay to support his or her child.  The Child Support Services Division will ask you for information on your living circumstances, current income and medical insurance.  It is important that you participate in the process of establishing your child support order.  If you do not provide information, your child support amount may end up not reflecting your current financial circumstances.  CSED offers an online calculator for your use to estimate your support obligation: Child Support Calculator.

6. Why do I have two cases for the same child?

Federal Foster Care (FFC) is any out of home placement paid with federal funds.  Foster homes must be fully licensed (as determined by OCS) to be eligible for federal funding.  It is these caregivers that are considered FFC.

Non-Federal Foster Care (NFFC) includes any placement paid with state funds.  These placements are not monitored federally because the placement is not funded federally.  As a result, non-federal foster care cases are separated.  If the children have been in both federal and non-federal care, there will be a separate case for both types of foster care.  Each case will cover the timeframes of the placement. 

Placements made by OCS may be either federal or non-federal foster care placements.  Division of Juvenile Justice cases are always non-federal placements.   

7. What should I do when my child is no longer in state custody?

Contact the Child Support Enforcement Division immediately.  You will need to provide documentation that shows your child is no longer in state custody.  You may also be asked to supply information regarding the actual physical custody of the child.

8. How long can CSED charge child support for children in foster care?

Child support can be charged up to age 19 for children in foster care.