DAR File No. 32728

Human Services, Administration

R495-882

Termination of Parental Rights

FIVE-YEAR NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

DAR File No.: 32728
Filed: 06/15/2009, 10:20
Received by: NL

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:

This rule is authorized by Sections 62A-1-117 and 78A-6-1106, which authorize child support to be assigned to the Department of Human Services when a child is placed in the custody or care of the state for at least 30 days and designates the Office of Recovery Services as the payee for the department for such child support payments. Section 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary.

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 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:

It is necessary to continue this rule to provide information regarding the Office of Recovery Services' enforcement of child support that 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. In addition, the rule explains that the Office of Recovery Services will continue to collect support payable to the state that accrued prior to the termination of parental rights for children who were in the care or custody of the state. Therefore, this rule should be continued.

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 shancielawton@utah.gov

Authorized by:

Mark Brasher, Director