R527-36. Collection of Child Support After a Termination of Parental Rights or Adoption  


R527-36-1. Authority and Purpose
Latest version.

  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 specify how the Office of Recovery Services/Child Support Services (ORS/CSS) will handle support obligations when there is a termination of parental rights or an adoption order which does not specifically preserve arrears.


R527-36-2. ORS/CSS Collection of Child Support after Termination of Parental Rights Orders or Adoption Orders
Latest version.

  Pursuant to Section 78A-6-513 and Section 78B-6-138, a parent is released from any legal obligation to pay child support or provide medical support when there is a termination of parental rights order or an adoption order.

  If the parental rights of either the parent paying support or the parent receiving support have been terminated, or if the child has been legally adopted, ORS/CSS will not continue collection efforts toward any accrued child support arrears from or for a parent whose rights have been terminated if the parental termination of rights or adoption order does not specifically preserve the arrears balance to be collected.

  An exception exists pursuant to Department of Human Services' Rule 495-882 when the child is placed in the care or custody of the state or with an individual other than the parent for at least 30 days.