Human Services, Recovery Services

Rule R527-550

Assessment

Notice of Proposed Rule

(Repeal)

DAR File No.: 33659
Filed: 05/19/2010 02:30:36 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This change is to repeal the existing rule. Section R527-550-1 is being integrated into Rule R495-883 since the topic affects more than one office within the Department of Human Services. In addition, Section R527-550-3 is being incorporated into Rule R527-40 since the topics are related. This rule is no longer needed due to the incorporation of all provisions into other rules. (DAR NOTE: The proposed new Rule R495-883 is under DAR No. 33662 and the proposed amendment to Rule R527-40 is under DAR No. 33660 in this issue, June 16, 2010, of the Bulletin.)

Summary of the rule or change:

This rule is repealed in its entirety.

State statutory or constitutional authorization for this rule:

• Section 78B-12-101
• Section 78B-12-106
• Section 78B-12-108
• Section 78B-12-201 et seq.
• Section 62A-11-104
• Section 62A-1-117
• Section 62A-11-107
• Section 62A-11-111
• Section 62A-11-320.5
• Section 62A-11-301
• Section 62A-11-320.6
• Section 78A-6-1106

Anticipated cost or savings to:

the state budget:

There is no anticipated change in cost or savings due to the repeal of the rule since elements of the rule will be added to the amendment of Rule R527-40 and to the new Rule R495-883.

local governments:

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

small businesses:

There is no anticipated change in cost or savings for small businesses due to the repeal of this rule since elements of the rule will be merged with Rule R527-40 and Rule R495-883.

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

There is no anticipated change in cost or savings for other persons due to the repeal of this rule since elements of the rule will be merged with Rule R527-40 and Rule R495-883.

Compliance costs for affected persons:

There will be no change in compliance costs with the repeal of this rule since sections of the rule are being incorporated with Rule 527-40 and Rule R495-883.

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

The fiscal impact of this rule on businesses will not change when it is repealed because portions of this rule are being incorporated with Rule R527-40 and Rule R495-883.

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
Recovery Services
515 E 100 S
SALT LAKE CITY, UT 84102-4211

Direct questions regarding this rule to:

• Shancie Nance at the above address, by phone at 801-536-8191, by FAX at 801-536-8833, or by Internet E-mail at snance@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:

07/15/2010

This rule may become effective on:

07/22/2010

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

[ R527-550. Assessment.

R527-550-1. Children Placed in the Custody of the State.

1. ORS shall collect child support and Third Party Payments in behalf of children placed in the custody of the state in accordance with Section 78A-6-1106, 78B-12-101 et seq., 62A-1-117, 62A-11-301 et seq., and Federal regulations 45 CFR 300 through 307.

2. The monthly child support obligation will be determined in accordance with the child support guidelines enacted in Section 78B-12-201 et seq. If a current child support order exists, ORS may collect and enforce the support based on the existing order in accordance with Section 78B-12-108. ORS may conduct a review of the existing support order and the parent's current financial circumstances to determine if the order is in compliance with the child support guidelines and if the case meets the review criteria in accordance with Sections 62A-11-320.5 and 62A-11-320.6. If the order is not in compliance with the child support guidelines but still meets the review criteria, an administrative order may be issued, under the administrative adjudication process as provided in rule R497-100-1 et seq., while the child is under the jurisdiction of the juvenile court and in a placement other than with his parents.

3. If an administrative order for support is issued at the time the child is placed in custody; and,

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 78-3a-906.

4. Third party payments are defined, but not limited to, entitlement benefits (SSA, SSI), insurance benefits, trust funds benefits, paid in behalf of the child.

5. Child support is due and payable on the first day of the month. Child support shall not be pro-rated for partial months.

 

R527-550-3. Public Assistance Overpayments/Retained Support.

A. Obligor not on Assistance.

1. The obligor will be asked to complete an income asset affidavit.

2. The total liability shall be reviewed with the obligor.

3. The obligor will be requested to pay the total obligation in full.

4. If total payment is not possible, the type of debt, the anticipated length of time to repay the debt, total income, assets and expenses of the obligor's household, and any anticipated changes in the household circumstances will be reviewed.

5. This information will be used to determine a monthly repayment amount. When feasible, the monthly repayment amount shall be no less than 10% of the household income and liquid resources.

B. Obligor on Assistance

1. Payment may be made by assistance recoupment. The recoupment may be voluntary or may be recouped without consent in accordance with rule or federal regulations.

2. The amount of the recoupment may be set through agreement or determined in accordance with federal regulations (7 CFR 273.18 or rule (R986-213-306).

ORS shall be responsible for reviewing all requests for Food Stamp retroactive benefits to determine if an offset is to be made. A determination of the amount due the recipient shall be made within five (5) days from the date the request is received by ORS.

 

KEY: child support, foster care, youth corrections, public assistance overpayments

Date of Enactment or Last Substantive Amendment: December 17, 2003

Notice of Continuation: October 24, 2007

Authorizing, and Implemented or Interpreted Law: 62A-1-117; 62A-11-104; 62A-11-107; 62A-11-111; 62A-11-301; 62A-11-320.5; 62A-11-320.6; 78A-6-1106; 78B-12-101; 78B-12-106; 78B-12-108; 78B-12-201 et seq. ]