§315.22.1. Support for disabled children

            A. In accordance with the child support guidelines contained in this Part, an award of child support continues or shall be set with respect to any unmarried child who, whether institutionalized or not, is incapable of self-support and requires substantial care and personal supervision because of an intellectual or physical disability that is manifested before the child attains the age of majority. A disability under this Section shall not include substance abuse or addiction.

            B. An action under this Section to establish an initial award of child support may be filed regardless of the age of the child.

            C.(1) An action to establish, modify, continue, or enforce an award of child support pursuant to this Section may be filed by the domiciliary parent or any other proper party as determined by the court or law.

            (2) Nothing in this Section or any other provision of law shall be construed to require the Department of Children and Family Services to obtain an order of continuing tutorship or judgment of interdiction.

            D. Except as otherwise provided in this Part, the substantive and procedural rights and remedies in an action relating to the establishment, modification, or enforcement of child support orders for minor children apply to an action filed, and to an award of, child support rendered under this Section.

            E. The court shall consider the eligibility of the child for public benefits and services and may make orders necessary to promote the best interest of the child, including ordering the creation of a trust and placing the award in trust.

            F. Nothing in this Section shall require the Department of Children and Family Services to provide support enforcement services to a family not otherwise qualified to receive them under Title IV-D of the Social Security Act and related portions of Title IV-A of such Act.

            Acts 2024, No. 448, §2, eff. Jan. 1, 2025.