Human Services, Recovery Services

Rule R527-34

Non IV-A Services

Notice of Proposed Rule

(Amendment)

DAR File No.: 35728
Filed: 01/26/2012 09:04:18 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update the date of an incorporated Code of Federal Regulation (CFR) citation from "45 CFR 302.33 (2001)" to "45 CFR 302.33 (2010)".

Summary of the rule or change:

In Subsection R527-34-2(2), deletes the CFR date reference 2001 and adds 2010. Also, adds 45 CFR 302.33 to the list of "Authorizing, and implemented or Interpreted Law."

State statutory or constitutional authorization for this rule:

• Section 62A-11-107
• 45 CFR 302.33

This rule or change incorporates by reference the following material:

• Updates Services to individuals not receiving title IV-A or title IV-E foster care assistance., published by Office of Management and Budget , October 2010

Anticipated cost or savings to:

the state budget:

There are no anticipated costs to the state budget because the change to the rule is only to update the CFR reference.

local governments:

Administrative rules of the Office of Recovery Services/Child Support Services (ORS/CSS) do not apply to local government; therefore, there are no anticipated costs or savings for any local businesses due to this amendment.

small businesses:

There are no anticipated costs for small businesses because the change to the rule is only to update the CFR reference.

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

There are no anticipated costs for persons because the change to the rule is only to update the CFR reference.

Compliance costs for affected persons:

There are no costs as the change to the rule is only to update the CFR reference.

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

There is no fiscal impact to businesses as the change to the rule is only to update the CFR reference from 2001 to 2010.

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

Direct questions regarding this rule to:

• LeAnn Wilber at the above address, by phone at 801-536-8950, by FAX at 801-536-8833, or by Internet E-mail at lwilber@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:

03/16/2012

This rule may become effective on:

03/23/2012

Authorized by:

Mark Brasher, Director

R527. Human Services, Recovery Services.

R527-34. Non-IV-A Services.

R527-34-1. Authority and Purpose.

1. The Department of Human Services is authorized to create rules necessary for the provision of social services by Section 62A-11-107.

2. The purpose of this rule is to outline the services that the Office of Recovery Services/Child Support Services (ORS/CSS) will provide to all Non-IV-A Recipients of child support services.

 

R527-34-2. Non-IV-A Services.

1. ORS/CSS will provide the following services to recipients of child support services:

a. Attempt to locate the obligor;

b. Attempt to collect the current child support amount;

c. Attempt to collect past-due child support which is owed on behalf of a child, regardless of whether the child is a minor;

d. Attempt to enforce court-ordered spousal support if the minor child of the parties resides with the obligee and ORS/CSS is enforcing the child support order; ORS/CSS will only continue to collect spousal support after the child has emancipated if:

i. income withholding is already in effect; and,

ii. the child(ren) still resides with the obligee;

e. Attempt to collect child care expenses if the past-due amount has been reduced to a sum-certain judgment;

f. Attempt to collect ongoing child care expenses if all of the following criteria are met:

i. the obligor or the obligee made a specific request for ORS/CSS to collect ongoing child care;

ii. the child care obligation is included as a specific monthly dollar amount in a court order along with a child support obligation; and,

iii. neither parent is disputing the monthly child care amount;

g. Attempt to collect medical support if the amount is specified as a monthly amount due in the order or has been reduced to a sum-certain judgment;

h. Attempt to enforce medical insurance if either parent has been ordered to maintain insurance;

i. Attempt to establish paternity;

j. Review the support order for possible adjustment of the support amount, in compliance with R527-231.

2. ORS/CSS adopts the federal regulations as published in 45 CFR 302.33 ([2001]2010) which are incorporated by reference. 45 CFR 302.33 provides options which ORS/CSS may elect to implement. ORS/CSS elected to implement the following options:

a. ORS/CSS has elected to charge no application fee to applicants for child support enforcement services.

b. ORS/CSS has elected to recover costs from the individual receiving child support enforcement services. The costs which will be recovered are listed in R527-35-1.

c. ORS/CSS has elected not to recover from the non-custodial parent the costs listed in R527-35-1 which are paid by the individual receiving child support services.

 

KEY: child support

Date of Enactment or Last Substantive Amendment: [June 9, 2008]2012

Notice of Continuation: November 17, 2011

Authorizing, and Implemented or Interpreted Law: 45 CFR 302.33; 62A-11-107