No. 31133 (Repeal): R527-257. Enforcing Child Support When the Obligor is Incarcerated

DAR File No.: 31133
Filed: 04/10/2008, 02:55
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This rule is no longer necessary because the Office of Recovery Services/Child Support Services (ORS/CSS) is required to establish a support order, regardless of whether or not the noncustodial parent is incarcerated or not, pursuant to 45 CFR 302.50, 45 CFR 302.31, 45 CFR 302.33, 45 CFR 302.56, 45 CFR 303.4, 45 CFR 303.8, 45 CFR 303.101, and Section 78B-12-105. Sections 78B-12-210 through 78B-12-217 contain the procedures which the office must use and apply for a rebuttable presumption to any judicial or administrative support order established or modified on or after 07/01/1989. Federal regulation, 45 CFR 303.6 requires that state IV-D Agencies provide enforcement services.

Summary of the rule or change:

The purpose of this proposed filing is to repeal the rule in its entirety.

State statutory or constitutional authorization for this rule:

45 CFR 302.50, 302.31, 302.33, 302.56, 303.4, 303.6, 303.8, and 303.101, and Sections 78B-12-105 and 78B-12-210 through 78B-12-7.217

Anticipated cost or savings to:

the state budget:

There are no anticipated costs or savings to the state because there will be no new changes to the office procedures. The office has been and is still required to provide these same services pursuant to federal regulations and state law.

local governments:

There are no anticipated costs to the local government because the administrative rules of the ORS/CSS do not apply to local government.

small businesses and persons other than businesses:

There are no anticipated costs or savings to small business because there are no new changes to the office procedures. The office has been and is still required to provide these same services pursuant to federal regulations and state law.

Compliance costs for affected persons:

There are no anticipated costs or savings to small business because there are no changes to the office procedures. The office has been and is still required to provide these same services pursuant to federal regulations and state law.

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

The repeal of this rule will not have a fiscal impact on businesses because there will not be any changes to the office procedures. The office has been and is still required to provide these same services pursuant to federal regulations and state law. Lisa-Michelle Church, Executive Director

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

Human Services
Recovery Services
515 E 100 S
SALT LAKE CITY UT 84102-4211

Direct questions regarding this rule to:

LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, 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:

06/02/2008

This rule may become effective on:

06/09/2008

Authorized by:

Mark Brasher, Director

RULE TEXT

R527. Human Services, Recovery Services.

[R527-257. Enforcing Child Support When the Obligor is Incarcerated.

R527-257-1. Enforcing Child Support When the Obligor is Incarcerated.

1. If at the time of assessment, the obligor is incarcerated in prison, jail, or in a halfway house and has income or assets:

a. If there is no order for support, the office shall establish a support order using the child support guidelines pursuant to Section 78-45-7.

b. If a court order for child support exists, the debt shall accrue as ordered.

2. The Office of Recovery Services caseworker shall review the obligor's circumstances with a Department of Corrections caseworker before taking steps to collect the child support.

 

KEY: administrative law, child support, halfway houses

Date of Enactment or Last Substantive Amendment: 1992

Notice of Continuation: August 22, 2007

Authorizing, and Implemented or Interpreted Law: 78-45-7; 62A-11-320]