No. 26936 (New Rule): R495-882. Termination of Parental Rights

DAR File No.: 26936
Filed: 02/03/2004, 01:32
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to clarify that the Office of Recovery Services (ORS) will continue to collect arrears that have accrued prior to parental rights being terminated on cases where the child was in the care or custody of the state.

 

Summary of the rule or change:

This proposed rule allows ORS to continue to collect arrears that have accrued prior to the termination of parental rights on those cases where the child was in the care or custody of the state in accordance with Section 78-3a-413.

 

State statutory or constitutional authorization for this rule:

Sections 62A-1-117, 78-3a-413, and 78-3a-906

 

Anticipated cost or savings to:

the state budget:

The decision to collect arrears that have accrued prior to the termination of parental rights on cases where the child was in the care or custody of the state will not impact the state budget. ORS has always collected arrears on these types of cases and the rule change does not pose a change to ORS procedures.

 

local governments:

This rule change will not impact local government. ORS is funded by state government.

 

other persons:

The proposed rule to continue to collect arrears on these types of cases will not affect other persons. The individuals who owe arrears after terminating their parental rights will continue to pay toward the arrears until it is paid in full. ORS has always collected arrears on these types of cases and the rule change does not pose a change to ORS procedures.

 

Compliance costs for affected persons:

The proposed rule does not pose additional compliance costs for affected persons. In the past, ORS has always collected on cases fitting this criteria, so no additional costs will be incurred.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule acts as a clarification of existing processes and does not impose any additional costs on business.

 

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:

Tracy Graham at the above address, by phone at 801-536-8918, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/31/2004

 

This rule may become effective on:

04/01/2004

 

Authorized by:

Emma Chacon, Director

 

 

RULE TEXT

R495. Human Services, Administration.

R495-882. Termination of Parental Rights.

R495-882-1. Arrears Obligation for Children in Care.

In accordance with Sections 62A-1-117 and 78-3a-906, child support is assigned to the state when a child is placed in the care/custody of the state or with an individual other than the parent for at least 30 days. The juvenile court shall also order the parents or any other obligated person to pay child support to the Office of Recovery Services (ORS) while the child is in a placement. If parental rights are terminated, and if any child support payable to the state has accrued prior to the termination of parental rights, the parent shall be responsible for paying this amount to the state in accordance with Section 78-3a-413. ORS will attempt to collect all past due support that accrued prior to the termination of parental rights for children who were in the care or custody of the state.

 

KEY: state custody, parental rights

2004

62A-1-117

78-3a-413

78-3a-906