No. 43593 (Amendment): Rule R527-38. Unenforceable Cases

(Amendment)

DAR File No.: 43593
Filed: 03/18/2019 10:23:51 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This amendment changes a criterion which must be satisfied to categorize a case as unenforceable pursuant to 45 CFR 303.11.

Summary of the rule or change:

Section R527-38-2 is amended so that the unenforceable case criteria includes that the children on a Title IV-E case shall have been out of state custody for at least one year instead of being emancipated.

Statutory or constitutional authorization for this rule:

Anticipated cost or savings to:

the state budget:

This rule amendment is changing a criterion which must be satisfied to categorize a case as unenforceable. Therefore, there is no anticipated cost or savings to the state budget due to the amendment to this rule.

local governments:

Administrative rules of the Office of Recovery Services (ORS)/Child Support Services (CSS) do not apply to local governments. This rule concerns ORS categorizing cases as unenforceable. Therefore, there are no anticipated costs or savings for local governments due to this amendment.

small businesses:

The amendment to this rule does not change ORS/CSS processes or procedures regarding sending income withholdings or the volume of income withholdings sent. Therefore, there are no anticipated costs or savings to small businesses due to the amendment.

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

There is no anticipated impact to other persons due to the amendment to this rule.

Compliance costs for affected persons:

There is no anticipated cost to other persons due to the amendment to this rule.

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

There are no anticipated fiscal impacts to businesses because the change to this rule does not change ORS/CSS processes or procedures regarding sending income withholdings or the volume of income withholdings sent.

Ann Silverberg Williamson, Executive Director

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

Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov
Scott Weight at the above address, by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@utah.gov
Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov

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:

05/15/2019

This rule may become effective on:

05/22/2019

Authorized by:

Liesa Stockdale, Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Person

Total Fiscal Costs:

Fiscal Benefits

State Government

Local Government

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits:

Net Fiscal Benefits:

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

Appendix 2: Regulatory Impact to Non - Small Businesses

This proposed amendment is not expected to have any fiscal impact on non-small businesses. This rule establishes the criteria which a child support case must satisfy to be categorized as unenforceable. This change is to meet the requirements set forth by 45 CFR303.11, and will not change or alter the process in which ORS operates in regards to non-small businesses.

R527. Human Services, Recovery Services.

R527-38. Unenforceable Cases.

R527-38-1. Authority and Purpose.

1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-1-111 and 62A-11-107.

2. The purpose of this rule is to establish the criteria which a support case must satisfy to be categorized as unenforceable pursuant to 45 CFR 303.11.

R527-38-2. Unenforceable Case Criteria.

1. All of the following criteria must be met for a support case to be categorized as unenforceable:

a. The case is currently not a paying case; in that payments shall not have been posted to the case during the last 12 months; and payments are not expected to be posted in the near future.

b. No federal offset money has been received by the Office of Recovery Services (ORS) during the last two years.

c. No state tax money shall have been received by ORS within the most recent two years.

d. ORS shall have collected $1,000 or less on the case over the last two years by methods other than federal offset or state tax.

e. There are no financial institution accounts belonging to the non-custodial parent that can be attached.

f. No executable assets belonging to the non-custodial parent have been identified.

g. If the matter concerns a Title IV-E case, all of the children identified as being part of the case shall have been [~~emancipated~~]out of state custody for at least one year or parental rights shall have been terminated.

KEY: child support

Date of Enactment or Last Substantive Amendment: [~~March 25, 2013~~]2019

Notice of Continuation: November 26, 2018

Authorizing, and Implemented or Interpreted Law: 45 CFR 303.11; 62A-1-111; 62A-11-107