Human Services, Administration

Rule R495-879

Parental Support for Children in Care

Notice of Proposed Rule

(Amendment)

DAR File No.: 34288
Filed: 12/07/2010 01:54:28 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The change is to remove a reference to "R527-550-1" and replace it with "R495-883-3". In addition, information regarding deviating from Child Support Guidelines when there is no prior order for children in care and custody of the state is being removed since it is not supported by statute.

Summary of the rule or change:

The current rule cites "R527-550-1" within the rule text. This rule has been repealed and replaced with "R495-883". The amendment updates the reference from "R527-550-1" to "R495-883-3". Additionally, information concerning deviating from Child Support Guidelines when a prior order does not exist is being removed since deviating to a lower amount from Child Support Guidelines is not supported by statute. The subsections of the rule are being renumbered due to the subsection related to deviating from Child Support Guidelines being removed.

State statutory or constitutional authorization for this rule:

• Section 78B-12-201
• Subsection 62A-1-111(16)
• Section 78B-12-302
• Section 62A-15-607
• Section 78B-12-219
• Section 78B-12-216
• Subsection 62A-5-109(1)
• Section 78B-12-106
• Section 62A-4a-114
• Section 78B-12-203
• Section 62A-11-302
• Section 78A-6-104
• Section 63G-4-102
• Section 78B-12-301
• Section 78A-6-1106

Anticipated cost or savings to:

the state budget:

It cannot be determined if there would be a cost or savings to the state budget since there is no way to determine the number of deviated orders that may have been established. Also, there is no way to calculate the child support dollar amount that has been deviated in the past (higher or lower) from the Child Support Guideline amount since each case would vary. Anecdotal evidence suggests that most deviations have been to amounts lower than the Child Support Guidelines; if accurate, the state IV-E program may see slightly higher recouped amounts due to support orders based on Guideline orders; however, a specific amount cannot be calculated. There is a potential cost savings to the Office of Recovery Services (ORS) of one full-time employee who previously specialized in deviated orders and can now be utilized to fill another vacant position. There is potential savings to ORS as maintenance of the policy and forms needed for deviations will no longer be necessary.

local governments:

There is no anticipated change in cost or savings due to the amendment of this rule since administrative rules of ORS do not apply to local government.

small businesses:

There is no anticipated cost or savings to small businesses due to this rule change as small businesses are not subject to Child Support orders.

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

The rule change will no longer allow for ORS to deviate from the Child Support Guidelines. The amount of cost or savings to other persons cannot be determined since there is no way to determine if an obligation would be deviated and the amount of the deviation (higher or lower) since the deviation would be determined on individual circumstances.

Compliance costs for affected persons:

The number of affected persons cannot be determined and the costs resulting from these changes are dependent on individual circumstances, which may vary from family to family.

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

Businesses are not affected by this rule, and there will be no fiscal impact on businesses due to this rule amendment.

Palmer Depaulis, 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
195 N 1950 W
SALT LAKE CITY, UT 84116

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:

01/31/2011

This rule may become effective on:

02/07/2011

Authorized by:

Palmer DePaulis, Executive Director

R495. Human Services, Administration.

R495-879. Parental Support for Children in Care.

R495-879-1. Authority and Purpose.

(1) The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-1-111.

(2) The purpose of this rule is to provide information to parents relating to the establishment and enforcement of child support when a child is placed in an out-of-home program.[ In addition, the rule explains when a child support amount may deviate from the Utah Child Support Guidelines.]

 

R495-879-2. Child Support Liability.

The Office of Recovery Services will establish and enforce child support obligations against parents whose children are in out-of-home placement programs[,] administered by the Department of Human Services or Department of Health. The department shall consider fees for outpatient and day services separate from child support payments. Establishment and enforcement of child support shall be pursuant to the Uniform Civil Liability for Support Act, Title 78B, Chapter 12; Child Support Services Act, 62A-11-301 et seq.; Support and expenses of child in custody of an individual or institution, 78A-6-1106.

 

R495-879-3. Support Guidelines.

Child support obligations shall be calculated in accordance with Child Support Guidelines, Sections 78B-12-201, 78B-12-203 through [78B-12-218, 78B-12-301, 78B-12-302, and 78B-12-401 through 78B-12-403]78B-12-216, 78B-12-219, 78B-12-301, 78B-12-302.

 

[R495-879-4. Criteria For Deviating From Guidelines.

The following criteria may be used to deviate from the guidelines when a prior order does not exist.

(1) Deduction For a Disabled Child. A deduction from gross income shall be allowed each year, equal to the federal tax exemption for dependents, for each year a child was cared for at home if that child's disability would ordinarily have qualified him for residential care.

(2) Medical Payments. A deduction from gross income shall be allowed for medical expenses equal to the IRS deduction allowed the previous year on the parents' 1040 tax return.

(3) Loss of child's Social Security Survivor Payments. If the parent's income is below 133% of the poverty level, allow a direct credit against the child support amount from the child's social security survivor's benefit paid to the state.

(4) Adoption Assistance. The child is adopted, the parents continue to receive adoption assistance or have received adoption assistance, and the child is placed in the care or custody of the state for reasons other than neglect or abuse of the child by the parents.

(5) Best Interest of the Child. It is in the best interest of the child to deviate from the child support guidelines pursuant to Section 78B-12-301 through 78B-12-302.

 

]R495-879-[5]4. Establishing an Order.

ORS may modify and establish child support orders through the Child Support Services Act, 62A-11-301 et seq.; Administrative Procedures Act, Section 63G-4-102 et seq.; Jurisdiction - Determination of Custody questions by Juvenile Court, Subsection 78A-6-104; and in accordance with R527-200.

 

R495-879-[6]5. Good Cause Deferral and Waiver Request.

(1) If collections interfere with family re-unification, a division may, using the Good Cause-Deferral/Waiver (form 602), request a deferral or waiver of arrears payments once a support order has been established. The request may be applied to current support when an undue hardship is created by an unpreventable loss of income to the present family. A loss of income may include non payment of child support from the other parent for the children at home, loss of employment, or loss of monthly pension or annuity payments. The request shall be initiated by the responsible case worker and forwarded to his or her supervisor, regional director, division director/superintendent, or designee for approval.

(2) After a support order has been established, the Good Cause Deferral and Waiver request may be denied or approved by the referring agency at any stage in the process. Once the waiver has been approved at all levels in the referring agency, the division director (or designee) shall send the waiver to the ORS director (or designee) for review and decision. If the requesting agency disagrees with the ORS director's (or designee's) decision, the request may be referred to the Executive Director of the Department of Human Services for a final decision. The requesting agency will notify the family of the final decision. The request shall not be approved when it proposes actions that are contrary to state or federal law.

 

R495-879-[7]6. In-Kind Support.

(1) ORS may accept in-kind support after the support amount has been established, based on the parent's service to the program in which the child is placed. The service provided by a parent must be approved by the director of the division or the superintendent of the institution responsible for the child's care. The approval should be based on a monetary savings or an enhancement to a program. If geographical distances prohibit direct service, then the division director or superintendent may approve support services for in-kind support that do not directly offset costs to the agency, but support the overall mission of the agency. For example, a parent with a child receiving services at the Utah State Hospital (USH) may provide services to a local mental health center with the approval of the USH superintendent.

(2) A memorandum of understanding shall be signed by the division/institution and the parent specifying the type, length, and dollar value of service. Verification of the service hours worked must be provided by the division/institution to ORS (using Form 603) within 10 days after the end of the month in which the service was performed. The verification shall include the dates the service was performed, the number of hours worked, and the total credit amount earned. The in-kind service allowed shall be applied prospectively up to the current support ordered amount. Unless approved by the director of the Department, in-kind support approved by one division/institution shall not be used to reduce child support owed to another division/institution. In-kind support shall not be approved when it proposes actions that are contrary to state or federal law.

 

R495-879-[8]7. Extended Visitation During The Year.

A rebate shall be granted to a parent for support paid when a child's overnight visits equal 25% or more of the service period. The rebate will only be provided when the service period lasts six months or more. The rebate will be proportionate to the number of days at home compared to the number of days in care. One continuous 24-hour period equals one day.

 

R495-879-[9]8. Child Support and Adoption Assistance.

ORS will establish and enforce child support obligations for parents who are currently receiving adoption assistance or who have received adoption assistance from this state or any other state or jurisdiction, for children who are in the custody of the state, in accordance with Sections 78A-6-1106, 78B-12-106, R495-879-2 and [R527-550-1]R495-883-3. If an order for support does not currently exist, the department will establish a monthly child support obligation prospectively on existing cases. When establishing a child support obligation, ORS will not include the adoption assistance amount paid to the family in determining the family's income, pursuant to Section 78B-12-207.

 

KEY: child support, custody of children

Date of Enactment or Last Substantive Amendment: [February 23, 2010]2011

Notice of Continuation: October 23, 2008

Authorizing, and Implemented or Interpreted Law: 62A-1-111(16); 62A-4a-114; 62A-5-109(1); 62A-11-302; 62A-15-607; 63G-4-102; 78A-6-104; 78A-6-1106; 78B-12-106; 78B-12-201; 78B-12-203 through [78B-12-218; 78B-12-301; 78B-12-302; 78B-12-401 through 78B-12-403]78B-12-216; 78B-12-219; 78B-12-301; 78B-12-302