DAR File No. 41929

Human Services, Recovery Services

Rule R527-36

Collection of Child Support After a Termination of Parental Rights or Adoption

Notice of Proposed Rule

(New Rule)

DAR File No.: 41929
Filed: 07/18/2017 01:55:12 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this new rule is to clarify for the public existing child support collection procedures followed by the Office of Recovery Services (ORS) when parental rights are terminated or when an adoption is completed. The rule is based on Utah Code Sections 78A-6-513 and 78B-6-138, which state that a parent's legal obligation to pay child support is released when there is a termination of parental rights or an adoption order. This rule then clarifies that ORS will not continue collection of support arrears in those situations unless the arrears balance is specifically preserved in the termination of parental rights or adoption order.

Summary of the rule or change:

The first section of the rule provides the authority of the Office of Recovery Services (ORS) to create rules, as well as information that the purpose of this rule is to specify how ORS will proceed with collection of child support arrears when parental rights have been terminated or an adoption order has been completed. The second section explains that pursuant to Sections 78A-6-513 and 78B-6-138, a parent's legal obligation to pay child support is released when there is a termination of parental rights or an adoption order. This section further clarifies that based on those statutes, ORS will not continue with collection of child support arrears unless the parental termination of rights or adoption order specifically preserves an arrears balance to be collected. Finally, this section recognizes that there is an exception to this approach for children placed in the care or custody of the state due to another existing administrative rule, Rule R495-882.

Statutory or constitutional authorization for this rule:

• Section 62A-11-107
• Section 78A-6-513
• Section 78B-6-138
• Section 62A-1-111

Anticipated cost or savings to:

the state budget:

There are no costs or savings to the state budget associated with this rule as the procedures outlined in the rule clarify for the public existing child support collection procedures followed by ORS when parental rights are terminated or when an adoption is completed.

local governments:

Administrative rules of ORS do not apply to local government; therefore, there are no anticipated costs or savings for any local government entities due to this new rule.

small businesses:

There are no anticipated costs or savings for small businesses as a result of this new rule. This rule clarifies for the public existing child support collection procedures followed by ORS when parental rights are terminated or when an adoption is completed. These procedures do not affect small businesses.

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

There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities as a result of this new rule. This rule clarifies for the public existing child support collection procedures followed by ORS when parental rights are terminated or when an adoption is completed.

Compliance costs for affected persons:

There are no compliance costs associated with this rule as this rule creates no new procedures or required actions for affected persons. This rule clarifies for the public existing child support collection procedures followed by ORS when parental rights are terminated or when an adoption is completed.

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

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact to businesses.

Ann Silverberg Williamson, Executive Director

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:

• Julene Robbins at the above address, by phone at 801-538-4521, by FAX at 801-538-3942, or by Internet E-mail at jhjonesrobbins@utah.gov
• 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
• Scott Weight at the above address, by phone at 801-741-7435, by FAX at 801-536-8509, or by Internet E-mail at sweigh2@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:

09/14/2017

This rule may become effective on:

09/21/2017

Authorized by:

Liesa Stockdale, Director

R527. Human Services, Recovery Services.

R527-36. Collection of Child Support After a Termination of Parental Rights or Adoption.

R527-36-1. 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 and 62A-11-107.

2. The purpose of this rule is to specify how the Office of Recovery Services/Child Support Services (ORS/CSS) will handle support obligations when there is a termination of parental rights or an adoption order which does not specifically preserve arrears.

 

R527-36-2. ORS/CSS Collection of Child Support after Termination of Parental Rights Orders or Adoption Orders.

Pursuant to Section 78A-6-513 and Section 78B-6-138, a parent is released from any legal obligation to pay child support or provide medical support when there is a termination of parental rights order or an adoption order.

If the parental rights of either the parent paying support or the parent receiving support have been terminated, or if the child has been legally adopted, ORS/CSS will not continue collection efforts toward any accrued child support arrears from or for a parent whose rights have been terminated if the parental termination of rights or adoption order does not specifically preserve the arrears balance to be collected.

An exception exists pursuant to Department of Human Services' Rule 495-882 when the child is placed in the care or custody of the state or with an individual other than the parent for at least 30 days.

 

KEY: parental rights, adoption, child support

Date of Enactment or Last Substantive Amendment: 2017

Authorizing, and Implemented or Interpreted Law: 62A- 1-111; 62A-11-107; 78A-6-513; 78B-6-138