No. 43094 (5-year Review): Rule R495-879. Parental Support for Children in Care

DAR File No.: 43094
Filed: 07/17/2018 10:19:46 AM

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:

Section 62A-1-111 gives the Department of Human Services (Department) authority to collect child support payments and any other money due to the Department. Sections 62A-4a-114 and 62A-5-109 explain that a parent or guardian of a person who is receiving services or support from the division is liable for the cost of actual care and maintenance of that person and for the support of the child, and that the division can seek reimbursement of funds it has expended on behalf of a child in accordance with a child support order. Section 62A-11-107 gives the Office of Recovery Services (ORS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. Section 62A-15-607 allows ORS to estimate and determine the actual expense of caring for and maintaining a patient in the state hospital and the amount or portion of that amount to be paid by an applicant, patient, spouse, parents, child or children who are sufficiently able to do so. This statute also explains that parents are responsible for the support of their child while the child is in the care of the state hospital. Sections 78A-6-1106 and 78B-12-106 authorize ORS to establish and enforce child support obligations for parents who are currently receiving adoption assistance or for children who are in the custody of the state. Sections 78B-12-201, 78B-12-203 through 216, 78B-12-219, 78B-12-301, and 78B-12-302 all provide the child support guidelines and tables used to calculate and adjust child support obligations.

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:

This rule should be continued because the laws and statutes governing ORS�s responsibilities in regards to children who are placed in the care and custody of the state are still in effect. This rule should also be continued to ensure that child support obligations continue to be standardized for all agencies that place a child in the care or custody of the state.

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

Human Services
Administration
Room DHS ADMINISTRATIVE OFFICE MULTI STATE OFFICE BUILDING
195 N 1950 W
SALT LAKE CITY, UT 84116

Direct questions regarding this rule to:

• Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at [e-mail]
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at [e-mail]

Effective:

07/17/2018

Authorized by:

Ann Williamson, Executive Director

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