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.