No. 31811 (Amendment): R495-882. Termination of Parental Rights

DAR File No.: 31811
Filed: 08/13/2008, 05:25
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is to add the department and office authority for creating, amending, and enforcing administrative rules. The reference to Utah Code was also changed due to the recodification of Title 78 under H.B. 78. (DAR NOTE: H.B. 78 (2008) is found at Chapter 3, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

The change is to add an authority and purpose section to the existing rule. Section 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. A purpose section was added to provide specific information about child support obligations and child support arrears 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. In addition, citations within this rule were updated due to the recodification of Title 78.

State statutory or constitutional authorization for this rule:

Sections 62A-11-107, 62A-1-117, 78A-6-1106, and 78A-6-513

Anticipated cost or savings to:

the state budget:

The proposed changes to the rule are for clarification purposes only and do not affect the current procedures. There is no anticipated change in cost or savings due to this amendment.

local governments:

There is no anticipated change in cost or savings due to this amendment since administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government.

small businesses and persons other than businesses:

There will be no financial impact for small businesses due to the amendment of this rule since the basic requirements of the current rule will not change.

Compliance costs for affected persons:

There will be no change in compliance costs due to this amendment since the procedures are not changing with the amendment of the current rule.

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

Businesses are not addressed in the rule or in the proposed changes, and it is not anticipated that the changes 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 Lawton 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:

10/01/2008

This rule may become effective on:

10/08/2008

Authorized by:

Mark Brasher, Director

RULE TEXT

R495. Human Services, Administration.

R495-882. Termination of Parental Rights.

R495-882-1. Authority and Purpose.

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

2. The purpose of this rule is to provide information about child support obligations and child support arrears 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.

 

R495-882-2. Arrears Obligation for Children in Care.

In accordance with Sections 62A-1-117 and [78-3a-906]78A-6-1106, 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]78A-6-513. 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

Date of Enactment or Last Substantive Amendment: [June 29, 2004]2008

Authorizing, and Implemented or Interpreted Law: 62A-11-107; 62A-1-117; [78-3a-413]78A-6-513; [78-3a-906]78A-6-1106