No. 32079: R495-879. Parental Support for Children in Care

DAR File No.: 32079
Filed: 10/23/2008, 04:05
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

The rule is authorized by Section 62A-11-107, which authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. Section 78A-6-1106 authorizes the Office of Recovery Services to collect child support payments to reimburse the state for money it has expended on behalf of a child in the care or custody of the state, and requires the parents, a parent, or any other obligated person to pay child support for each month the child is in the care or custody of the state. Also, the rule is enacted under Section 62A-15-607, which requires the division to determine the actual expenses for caring for a patient at the state hospital and that parents are responsible for the support of their children while in the care of the state hospital. The rule explains that child support obligations shall be calculated for children in care based on the Child Support Guidelines in accordance with Sections 78B-12-201, 78B-12-203 through 78B-12-218, 78B-12-301, 78B-12-302, and 78B-12-401 through 78B-12-403; and ORS may modify and establish child support orders through the Child Support Services Act, Section 62A-11-301, Administrative Procedures Act, Section 63G-4-102, and Jurisdiction Determination of Custody questions by Juvenile Court, Subsection 78A-6-104; and in accordance with Rule R527-200. The rule explains juvenile court jurisdiction in accordance with Section 78A-6-104. The rule explains that a natural or an adoptive parent is not relieved of the primary obligation to support that child until the child reaches the age of majority if the child becomes a ward of the state in agreement with Section 78B-12-106.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

There have been no comments received since the last five-year review of the rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

It is necessary to continue this rule to provide information regarding the ORS's ongoing responsibilities in regards to children that are placed in the care and custody of the state. In addition, the rule explains criteria in which a child support amount may deviate from the guidelines when establishing or modifying an order for children in the care of the state. This rule should also be continued to ensure that child support obligations continue to be standardized for all the agencies that place a child in the care or custody of the state. This rule will be amended in the future to add an authority and purpose section, and also to correct any typographical errors.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Administration
120 N 200 W
SALT LAKE CITY UT 84103-1500

Direct questions regarding this rule to:

Shancie Lawton at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at [e-mail]

Authorized by:

Mark Brasher, Director