DAR File No. 43496

Human Services, Administration

Rule R495-882

Termination of Parental Rights

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 43496
Filed: 02/01/2019 07:56:49 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. Sections 62A-1-117 and 78A-6-1106 authorize child support to be assigned to the Department of Human Services (DHS) when a child is placed in the care or custody of the state of Utah for at least 30 days, and designates ORS as the payee for such child support payments. Section 78A-6-513 divests the parent and child of all legal rights, powers, immunities, duties, and obligations with respect to each other when an order has been established to terminate the parent-child legal relationship.

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 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 which provides information regarding ORS's enforcement of a child support obligation that is assigned to the state when a child is placed in the care or custody of the state, or with an individual other than the parent for at least 30 days. This rule further explains that ORS will continue to collect child support that is payable to the state that accrued up to the point that the parental rights were terminated for a child who was in the care or custody of the state.

The full text of this rule may be inspected, during regular business hours, at the Office 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 801-741-7523, by FAX at 801-536-8509, or by Internet E-mail at cacole@utah.gov
• Jonah Shaw at the above address, by phone at 801-538-4219, by FAX at 801-538-3942, or by Internet E-mail at jshaw@utah.gov

Effective:

02/01/2019

Authorized by:

Ann Williamson, Executive Director