DAR File No. 39500

Human Services, Administration

Rule R495-883

Children in Care Support Services

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 39500
Filed: 07/06/2015 01:17:49 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:

The Office of Recovery Services (ORS) has the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law pursuant to Section 62A-11-107. ORS is required to collect child support and third party payments in behalf of children placed in the custody of the State of Utah in accordance with Sections 78A-6-1106, 78B-12-101 et seq., 62A-1-117, 62A-11-301 et seq., and 45 CFR 300-307. Section 78B-12-106 authorizes recovery of support from a natural or adoptive parent whose minor child becomes the ward of the State of Utah, or any other state until the child reaches the age of majority. Section 78B-12-108 requires the parent without physical custody of the child to pay the amount of support ordered without the need to modify the order for the state when the child is outside the home in custody of the state. Sections 78B-12-301 and 78B-12-302 provide ORS the base amounts to be used when establishing or modifying child support orders and Sections 62A-11-320.5 and 62A-11-320.6 provide the authority for ORS to conduct a review and adjustment of a support order when there are substantial changes in circumstances. This rule provides needed information for ORS to provide services to children in the care or custody of the State of Utah pursuant to federal regulations and state laws.

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 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:

This rule should be continued because the laws and guidelines that require ORS to establish and modify child support orders and collect support for children who are in the care or custody of the State are still in effect. This rule also provides additional information for ORS to use when establishing and enforcing orders for children in 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:

• Casey Cole at the above address, by phone at 801-536-0360, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov

Effective:

07/06/2015

Authorized by:

Ann Williamson, Executive Director