DAR File No. 44151

Human Services, Administration

Rule R495-879

Parental Support for Children in Care

Notice of Proposed Rule

(Amendment)

DAR File No.: 44151
Filed: 10/28/2019 01:55:42 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The reasons for the changes to this rule include: 1) the requesting agency does not need to wait for an order to be established prior to requesting a waiver if they intend to waive the support for both parents; 2) the Office of Recovery Services (ORS) will no longer be part of the process when determining good cause; and 3) sections regarding in-kind support and extended visitation have been removed from this rule.

Summary of the rule or change:

Rule R495-879 is updated so that ORS is no longer required to establish an order (or paternity) if the requesting agency intends to waive support for both parents. This rule is also updated to remove ORS from the process for determining good cause, and the sections regarding in-kind support and extended visitation were removed completely.

Statutory or constitutional authorization for this rule:

• Section 78A-6-104
• Section 62A-1-111
• Section 62A-4a-114
• Section 78B-12-201
• Section 78B-12-219
• Section 78B-12-302
• Section 63G-4-102
• Section 62A-11-302
• Section 78B-12-301
• Section 78A-6-1106
• Section 62A-15-607
• Sections 78B-12-203 through 216
• Section 62A-5-109

Anticipated cost or savings to:

the state budget:

Amendments being made to this rule will affect the process that ORS uses to determine good cause. For Fiscal Year (FY) 2017-2018, ORS did 53 waivers; for FY 2018-2019, ORS did 43 waivers; so far for FY 2019-2020, ORS has done 11 waivers (on pace to work 52 waivers). This averages out to be 49 waivers per year. Each waiver currently takes approximately 60 minutes to review, research, and complete. ORS will still need to process requests, which should take at most 15 minutes. Eliminating the need for ORS to work these waivers will save the state. Time spent on processing these requests will save the state approximately $1,148.44 per year.

local governments:

Administrative rules of the ORS do not apply to local governments. This rule outlines ORS's responsibilities in regards to children in the care or custody of the state, and includes the process for requesting agencies to waive child support due to good cause. Therefore, there are no anticipated costs or savings for local governments due to these amendments.

small businesses:

Due to the nature of this amendment and in regards to how it will impact ORS, there are no anticipated costs or savings to small businesses.

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

Due to the nature of this amendment and in regards to how it will impact ORS, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.

Compliance costs for affected persons:

There are no anticipated or estimated compliance costs for affected persons.

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

After conducting a thorough analysis, it was determined that these rule changes will result in a fiscal savings to the ORS.

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
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

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:

12/16/2019

This rule may become effective on:

12/23/2019

Authorized by:

Ann Williamson, Executive Director

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs	FY 2020	FY 2021	FY 2022
State Government	$0	$0	$0
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Person	$0	$0	$0
Total Fiscal Costs:	$0	$0	$0
Fiscal Benefits
State Government	$1,281.25	$1,148.44	$1,148.44
Local Government	$0	$0	$0
Small Businesses	$0	$0	$0
Non-Small Businesses	$0	$0	$0
Other Persons	$0	$0	$0
Total Fiscal Benefits:	$1 , 281.25	$1 , 148.44	$1 , 148.44
Net Fiscal Benefits:	$1 , 281.25	$1 , 148.44	$1 , 148.44

 

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described in the narrative. Inestimable impacts for Non - Small Businesses are described in Appendix 2.

 

Appendix 2: Regulatory Impact to Non - Small Businesses

There are no anticipated costs or savings for non-small businesses due to the amendments made to this rule. Rule R495-879 outlines the Office of Recovery Services' responsibilities in regards to children in the care or custody of the state, and includes the process for requesting agencies to waive child support due to good cause. Furthermore, it is not anticipated that there be any impact via these amendments to non-small businesses.

 

 

R495. Human Services, Administration.

R495-879. Parental Support for Children in Care.

R495-879-1. 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.

(2) The purpose of this rule is to provide information to parents relating to the establishment and enforcement of child support when a child is placed in an out-of-home program.

 

R495-879-2. Child Support Liability.

The Office of Recovery Services (ORS) will establish and enforce child support obligations against parents whose children are in out-of-home placement programs administered by the Department of Human Services or Department of Health. The department shall consider fees for outpatient and day services separate from child support payments. Establishment and enforcement of child support shall be pursuant to the Uniform Civil Liability for Support Act, Title 78B, Chapter 12; Child Support Services Act, 62A-11-301 et seq.; Support and expenses of child in custody of an individual or institution, 78A-6-1106.

 

R495-879-3. Support Guidelines.

Child support obligations shall be calculated in accordance with Child Support Guidelines, Sections 78B-12-201, 78B-12-203 through 78B-12-216, 78B-12-219, 78B-12-301, 78B-12-302.

 

R495-879-4. Establishing an Order.

ORS may modify and establish child support orders through the Child Support Services Act, 62A-11-301 et seq.; Administrative Procedures Act, Section 63G-4-102 et seq.; Jurisdiction - Determination of Custody questions by Juvenile Court, Subsection 78A-6-104; and in accordance with R527-200.

 

R495-879-5. Good Cause [ Deferral and ]Waiver Request.

(1) A waiver request is appropriate if:

(a) The order is established and the requesting division does not intend to waive the child support for both parents. (The order does not need to be established prior to requesting the waiver if the requesting division intends to waive the child support for both parents);

(b) The child support is being collected on behalf of the state; and

(c) Child support collections interfere with family reunification efforts or [If collections interfere with family re-unification, a division may, using the Good Cause-Deferral/Waiver (form 602), request a deferral or waiver of arrears payments once a support order has been established. The request may be applied to current support ]when an undue hardship is created by an unpreventable loss of income to the present family. A loss of income may include [non payment]non-payment of child support from the other parent for the children at home, loss of employment, or loss of monthly pension or annuity payments.

(2) The request shall be initiated by the responsible case worker and forwarded to his or her supervisor, regional director, division director/superintendent, or designee for approval.

([2]3) After a support order has been established, if required, the Good Cause [Deferral and ]Waiver request may be denied or approved by the [referring ]requesting agency at any stage in the process. The request shall not be approved when it proposes actions that are contrary to state or federal law. Once the waiver has been approved at all levels in the [referring ]requesting agency, the division director (or designee) shall send the waiver to the ORS director (or designee)[for review and decision. If the requesting agency disagrees with the ORS director's (or designee's) decision, the request may be referred to the Executive Director of the Department of Human Services for a final decision. The requesting agency will notify the family of the final decision. The request shall not be approved when it proposes actions that are contrary to state or federal law].

(4) The ORS director (or designee) will review the waiver request, and if appropriate, ORS will cease collection efforts and close the child support cases intended to reimburse the state for time in custody. ORS will notify the caseworker for the requesting agency that the waiver has been processed. The requesting agency will notify the family of the final decision.

 

[ R495-879-6. In-Kind Support.

(1) ORS may accept in-kind support after the support amount has been established, based on the parent's service to the program in which the child is placed. The service provided by a parent must be approved by the director of the division or the superintendent of the institution responsible for the child's care. The approval should be based on a monetary savings or an enhancement to a program. If geographical distances prohibit direct service, then the division director or superintendent may approve support services for in-kind support that do not directly offset costs to the agency, but support the overall mission of the agency. For example, a parent with a child receiving services at the Utah State Hospital (USH) may provide services to a local mental health center with the approval of the USH superintendent.

(2) A memorandum of understanding shall be signed by the division/institution and the parent specifying the type, length, and dollar value of service. Verification of the service hours worked must be provided by the division/institution to ORS (using Form 603) within 10 days after the end of the month in which the service was performed. The verification shall include the dates the service was performed, the number of hours worked, and the total credit amount earned. The in-kind service allowed shall be applied prospectively up to the current support ordered amount. Unless approved by the director of the Department, in-kind support approved by one division/institution shall not be used to reduce child support owed to another division/institution. In-kind support shall not be approved when it proposes actions that are contrary to state or federal law.

 

R495-879-7. Extended Visitation During The Year.

A rebate shall be granted to a parent for support paid when a child's overnight visits equal 25% or more of the service period. The rebate will only be provided when the service period lasts six months or more. The rebate will be proportionate to the number of days at home compared to the number of days in care. One continuous 24-hour period equals one day.]

 

R495-879-[8]6. Child Support and Adoption Assistance.

ORS will establish and enforce child support obligations for parents who are currently receiving adoption assistance or who have received adoption assistance from this state or any other state or jurisdiction, for children who are in the custody of the state, in accordance with Sections 78A-6-1106, 78B-12-106, R495-879-2 and R495-883-3. If an order for support does not currently exist, [the department ]ORS will establish a monthly child support obligation[prospectively on existing cases]. When establishing a child support obligation, ORS will not include the adoption assistance amount paid to the family in determining the family's income, pursuant to Section 78B-12-207.

 

KEY: child support, custody of children, good cause

Date of Enactment or Last Substantive Amendment: [February 7, 2011]2019

Notice of Continuation: July 17, 2018

Authorizing, and Implemented or Interpreted Law: 62A-1-111(16); 62A-4a-114; 62A-5-109(1); 62A-11-302; 62A-15-607; 63G-4-102; 78A-6-104; 78A-6-1106; 78B-12-106; 78B-12-201; 78B-12-203 through; 78B-12-216; 78B-12-219; 78B-12-301; 78B-12-302