45 CFR § 302.38 - Payments to the family.

---
identifier: "/us/cfr/t45/s302.38"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 302.38 - Payments to the family."
title_number: 45
title_name: "Public Welfare"
section_number: "302.38"
section_name: "Payments to the family."
chapter_name: "OFFICE OF CHILD SUPPORT SERVICES, ADMINISTRATION OF FAMILIES AND SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES"
part_number: "302"
part_name: "STATE PLAN REQUIREMENTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 651 through 658, 659a, 660, 664, 666, 667, 1302, 1396a(a)(25), 1396b(d)(2), 1396b(o), 1396b(p), and 1396(k)."
regulatory_source: "40 FR 27159, June 26, 1975, unless otherwise noted."
cfr_part: "302"
---


# 302.38 Payments to the family.

The State plan shall provide that any payment required to be made under §§ 302.32 and 302.51 to a family will be made directly to the resident parent, legal guardian, caretaker relative having custody of or responsibility for the child or children, judicially-appointed conservator with a legal and fiduciary duty to the custodial parent and the child, or alternate caretaker designated in a record by the custodial parent. An alternate caretaker is a nonrelative caretaker who is designated in a record by the custodial parent to take care of the children for a temporary time period.

[81 FR 93562, Dec. 20, 2016]