DAR File No. 41068

Human Services, Recovery Services

Rule R527-258

Enforcing Child Support When the Obligor is an Ex-Prisoner or in a Treatment Program

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 41068
Filed: 12/13/2016 08:06:14 AM

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 gives the Office of Recovery Services (ORS) the authority to adopt, amend, and enforce rules necessary to carry out its responsibilities under state law. The office is able to address establishment of support payment schedules in accordance with Section 62A-11-329, as well as provide the conditions under which an obligor may contest a payment schedule. This statute also governs the amount of a non-custodial parent's (NCP) current obligation and the payment amount that may be required on past-due support. This is also the basis for this rule in working with IV-A child support debts that may accrue during a period of incarceration and the nature of the payment that requires twelve months of payments following the NCP's incarceration. Section 62A-11-326.1 provides the requirements for ORS to issue a notice to a parent's or legal guardian's employer to enroll a dependent child in the insurance plan available, which is available through the parent's or legal guardian's employer, and that ORS will also provide notice to the parent or legal guardian that the notice was sent to the employer. 45 CFR 303.31 and 45 CFR 303.32 respectively provide the requirements for ORS to include private health insurance in new or modified orders for support and to establish written criteria to identify orders that do not address health care needs of children and enforce the provision of health care coverage for the children using the federally mandated information about the National Medical Support Notice (NMSN).

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 during or since the last five-year review of this 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 as the federal regulations and state statutes are still in effect and the program providing for the discharge of the IV-A debt when support payments are made as required for the year following the NCP's incarceration is still beneficial from a child support perspective, as well as a corrections perspective. The rule also provides the procedures for the office in setting up payment schedules and clarifies that the federal National Medical Support Notices will be used to enroll a dependent child in the parent's or legal guardian's health insurance plan through the parent's or legal guardian's employer, even when the responsible parent has recently been incarcerated or in a treatment program.

The full text of this rule may be inspected, during regular business hours, at the Office 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:

• Casey Cole at the above address, by phone at 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov

Effective:

12/13/2016

Authorized by:

Liesa Stockdale, Director