No. 33662 (New Rule): Rule R495-883. Children in Care Support Services

(New Rule)

DAR File No.: 33662
Filed: 05/20/2010 09:47:48 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to provide information on the services provided by the Office of Recovery Services (ORS) when a child is placed in the care and custody of the state. Many of the provisions being placed in this rule were previously located in Rule R527-550. They are being relocated to the Department of Human Services section of Administrative Rules because the topic affects multiple offices within the Department of Human Services, not just ORS. The rule explains that ORS has the authority to enforce child support based on an existing order in accordance with Section 78B-12-108 for a child in care or if an order does not exist, ORS has the authority to establish a child support obligation in accordance with the child support guidelines per Sections 78B-12-301 and 78B-12-302. The rule clarifies that if a child goes back to the home and then returns to the custody of the state. ORS has the authority to enforce the existing administrative order. Terms are defined that are specific to this rule. The rule describes that child support will not be prorated for partial months and that it is due on the first day of the month. Finally, the rule clarifies how ORS will enact the provisions found in Section 62A-11-307.2 passed in H.B 235 during the 2010 legislative session stating that if a child is in the custodial parent's home for more than seven consecutive days, child support services for that month shall not be collected on behalf of the Division of Child and Family Services. (DAR NOTE: H.B. 235 (2010) is found at Chapter 65, Laws of Utah 2010, and was effective 05/11/2010. The proposed repeal of Rule R527-550 is under DAR No. 33659 in this issue, June 15, 2010, of the Bulletin.)

Summary of the rule or change:

Section R495-883-1 contains two subsections. The first subsection states the legal authority that has been granted to ORS/CSS to create rules. The second subsection contains a statement describing the purpose of this specific rule. Section R495-883-2 contains terms and definitions that are specific to this rule. Section R495-883-3 defines how a child support order will be enforced for a child that has been placed in the care and custody of the state, if an order already exists. It provides information on how a child support amount will be determined if an order does not exist and when a review of the order may be done when a child is in the custody of the state. Parts of this section were previously listed in Rule R527-550, which is in the process of being repealed. They are being relocated to the Department of Human Services section of Administrative Rules because the topic affects multiple offices within the Department of Human Services, not just ORS. Subsection R495-883-4 addresses the procedures for suspending or ending child support services (pursuant to Section 62A-11-307.2 passed during the 2010 legislative session in H.B. 235) when a child in care temporarily leaves the custody of the state and returns or stays in the home of the custodial parent for more than seven consecutive days while in the custody of the Department of Child and Family Services.

State statutory or constitutional authorization for this rule:

• Section 78B-12-106
• Section 78B-12-108
• Section 78B-12-302
• Section 78B-12-301
• Section 62A-11-104
• Section 62A-1-117
• Section 62A-11-301
• Section 62A-11-107
• Section 62A-11-320.6
• Section 62A-11-320.5
• Section 78B-12-101
• Section 78A-6-1106

Anticipated cost or savings to:

the state budget:

There are no anticipated savings to the state budget due to this administrative rule. There may be minimal costs associated with the time required for workers at the Department of Child and Family Services and workers at ORS to communicate and verify when a child stays at a custodial parent's home lasting more than seven consecutive days; however, any other costs or savings to the state budget would be due to the underlying statute's requirements.

local governments:

There are no anticipated costs or savings to local government because administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government.

small businesses:

The procedures contained in this rule do not affect small businesses; therefore, there are no anticipated costs or savings for small business due to this rule.

persons other than small businesses, businesses, or local governmental entities:

There are no anticipated costs or savings to other persons due to the procedures contained in this administrative rule. Any costs or savings to other persons would be due to the underlying statute's requirements.

Compliance costs for affected persons:

There are no anticipated compliance costs for affected persons due to the procedures contained in this rule.

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

Businesses are not addressed in the proposed rule, and it is not anticipated this rule will create any fiscal impact on them.

Lisa-Michele 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
Administration
120 N 200 W
SALT LAKE CITY, UT 84103-1500

Direct questions regarding this rule to:

• Shancie Nance at the above address, by phone at 801-536-8191, 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:

07/15/2010

This rule may become effective on:

07/22/2010

Authorized by:

Lisa-Michele Church, Executive Director

RULE TEXT

R495. Human Services, Administration.

R495-883. Children in Care Support Services.

R495-883-1. Authority and Purpose.

(1) The Office of Recovery Services (ORS) is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.

(2) The purpose of this rule is to provide definitions of terms used in this rule and information about child support services for children in care or custody of the State of Utah.

 

R495-883-2. Definitions.

Terms used in this rule are defined as:

(1) Child Support Services -- efforts to enforce and collect the child support amount due for a calendar month.

(2) Custodial Parent -- one of the financially obligated parents of a child placed in the care or custody of the state.

(3) Third Party Payments -- entitlement benefits (SSA, SSI), insurance benefits, trust fund benefits, paid in behalf of the child.

 

R495-883-3. Child Support Services for Children in Care.

(1) ORS shall collect child support and Third Party Payments in behalf of children placed in the custody of the State of Utah in accordance with Section 78A-6-1106, 78B-12-101 et seq., 62A-1-117, 62A-11-301 et seq., and Federal Regulations 45 CFR 300 through 307.

(2) If a current child support order exists, ORS may collect and enforce the support based on the existing order in accordance with Section 78B-12-108.

(3) ORS may conduct a review of circumstances to determine if an existing order is in compliance with the child support guidelines and if the case meets the review criteria in accordance with Sections 62A-11-320.5 and 62A-11-320.6. If the order is not in compliance with the child support guidelines but still meets the review criteria, an administrative order may be issued, under the administrative adjudication process as provided in rule R497-100-1 et seq., while the child is under the jurisdiction of the juvenile court and in a placement other than with his parents.

(4) If a current child support order does not exist, the monthly child support obligation will be determined in accordance with the child support guidelines enacted in Sections 78B-12-301 and 78B-12-302.

(5) Child Support Services are due and payable on the first day of the month. Child support shall not be prorated for partial months.

 

R495-883-4. Child Support Services During Trial Placements or Temporary Lapses in State Custody.

(1) If an administrative order for child support is issued at the time the child is placed in custody;

(a) the child returns home; and,

(b) the child is subsequently returned to state custody, ORS may collect and enforce child support based on the existing administrative order in accordance with Section 78A-6-1106.

(2) Child Support Services shall not be provided on behalf of the Division of Child and Family Services when a child in custody returns to the home of a custodial parent for more than seven consecutive days.

(a) The more than seven consecutive days at the home of a custodial parent may span two or more calendar months. If the more than seven consecutive days span over more than one calendar month, child support services shall not be provided for any of the affected months.

(b) The child support debt will be retroactively adjusted to remove the child support amount due for each calendar month affected by the more than seven consecutive day stay and child support services to collect any child support due for the affected calendar month(s) will not be provided.

(c) Adjustments for this purpose cannot be made to a child support case by ORS until information verifying the date, duration and location of the more than seven consecutive day stay is received from the Division of Child and Family Services.

(d) ORS shall complete the adjustment to the child support debt within ten business days of receiving the necessary verification from the Division of Child and Family Services.

(e) If the child support amount has been collected from the custodial parent prior to ORS receiving the necessary verification from the Division of Child and Family Services, the amount collected will be first applied to other debts owed to the state for times that the child has been in care or custody of the state. If no other child in care debts exists, the amount will be refunded to the custodial parent.

(f) If the consecutive day stay becomes a permanent placement in the custodial parent's home according to information received from the Division of Child and Family Services, ORS will provide continuing child support services, if appropriate, as of the date of the permanent placement as required by 45 CFR 302.33.

 

KEY: child support, foster care, youth corrections

Date of Enactment or Last Substantive Amendment: 2010

Authorizing, and Implemented or Interpreted Law: 45 CFR 300 - 307; 62A-1-117; 62A-11-104; 62A-11-107; 62A-11-301; 62A-11-320.5; 62A-11-320.6; 78A-6-1106; 78B-12-101; 78B-12-106; 78B-12-108; 78B-12-301; 78B-12-302

 

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