DAR File No. 37983

Human Services, Administration

Rule R495-879

Parental Support for Children in Care

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 37983
Filed: 09/10/2013 04:49:40 PM

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:

Section 62A-11-107 authorizes the Office of Recovery Services (ORS) to adopt, amend, and enforce rules as necessary. Section 78A-6-1106 allows ORS to collect child support payments to reimburse the state for money it has expended on behalf of a child in the care or custody of the state, and requires the parents, a parent, or any other obligated person to pay child support for each month the child is in the care or custody of the state. In addition, the rule is enacted under Section 62A-15-607, which requires the division to determine the actual expenses for caring for a patient at the state hospital and the parents are responsible for the support of their child while the child is in the care of the state hospital. The rule clarifies that a child support obligation shall be calculated for children in care based on the Child Support Guidelines in accordance with Sections 78B-12-201, and 78B-12-203 through 78B-12-216, 78B-12-219, 78B-12-301, and 78B-12-302. The rule provides the authority for ORS to modify and establish child support orders through the Child Support Services Act, Section 62A-11-301 et seq., Administrative Procedures Act, Section 63G-4-102 and Jurisdiction Determination of Custody questions by Juvenile Court, Subsection 78A-6-104, and in accordance with Rule R527-200. The rule explains juvenile court jurisdiction in accordance with Section 78A-6-104. Also, the rule explains that a natural or an adoptive parent is not relieved of the primary obligation to support that child until the child reaches the age of majority if the child becomes a ward of the state in agreement with Section 78B-12-106. The rule clarifies that a rebate shall be given to a parent for support paid when a child's overnight visits equal 25% or more of the service period, how the rebate will be calculated and the time frame for when the rebate is appropriate.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been received 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� ongoing responsibility in regards to children that are placed in the care and custody of the state. In addition, the rule should be continued to ensure that child support obligations continue to be standardized for all agencies that place a child in the care or custody of the state.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Services
Administration
Room DHS ADMINISTRATIVE OFFICE MULTI STATE OFFICE BUILDING
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 801-536-8509, or by Internet E-mail at [email protected]

Authorized by:

Palmer DePaulis, Executive Director

Effective:

09/10/2013