Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R495. Human Services, Administration.

Rule R495-883. Children in Care Support Services.

As in effect on August 1, 2019

Table of Contents

R495-883-1. Authority and Purpose.

(1) The Office of Recovery Services (ORS) is authorized to adopt, amend, and enforce rules as necessary by Section 62A-11-107.

(2) The purpose of this rule is to provide definitions of terms used in this rule and information about child support services for children in care or custody of the State of Utah.

R495-883-2. Definitions.

Terms used in this rule are defined as:

(1) Child Support Services -- efforts to enforce and collect the child support amount due for a calendar month.

(2) Custodial Parent -- one of the financially obligated parents of a child placed in the care or custody of the state.

(3) Third Party Payments -- entitlement benefits (SSA, SSI), insurance benefits, trust fund benefits, paid in behalf of the child.

R495-883-3. Child Support Services for Children in Care.

(1) ORS shall collect child support and Third Party Payments in behalf of children placed in the custody of the State of Utah in accordance with Section 78A-6-1106, 78B-12-101 et seq., 62A-1-117, 62A-11-301 et seq., and Federal Regulations 45 CFR 300 through 307.

(2) If a current child support order exists, ORS may collect and enforce the support based on the existing order in accordance with Section 78B-12-108.

(3) ORS may conduct a review of circumstances to determine if an existing order is in compliance with the child support guidelines and if the case meets the review criteria in accordance with Sections 62A-11-320.5 and 62A-11-320.6. If the order is not in compliance with the child support guidelines but still meets the review criteria, an administrative order may be issued, under the administrative adjudication process as provided in rule R497-100-1 et seq., while the child is under the jurisdiction of the juvenile court and in a placement other than with his parents.

(4) If a current child support order does not exist, the monthly child support obligation will be determined in accordance with the child support guidelines enacted in Sections 78B-12-301 and 78B-12-302.

(5) Child Support Services are due and payable on the first day of the month. Child support shall not be prorated for partial months.

R495-883-4. Child Support Services During Trial Placements or Temporary Lapses in State Custody.

(1) If an administrative order for child support is issued at the time the child is placed in custody;

(a) the child returns home; and,

(b) the child is subsequently returned to state custody, ORS may collect and enforce child support based on the existing administrative order in accordance with Section 78A-6-1106.

(2) Child Support Services shall not be provided on behalf of the Division of Child and Family Services when a child in custody returns to the home of a custodial parent for more than seven consecutive days.

(a) The more than seven consecutive days at the home of a custodial parent may span two or more calendar months. If the more than seven consecutive days span over more than one calendar month, child support services shall not be provided for any of the affected months.

(b) The child support debt will be retroactively adjusted to remove the child support amount due for each calendar month affected by the more than seven consecutive day stay and child support services to collect any child support due for the affected calendar month(s) will not be provided.

(c) Adjustments for this purpose cannot be made to a child support case by ORS until information verifying the date, duration and location of the more than seven consecutive day stay is received from the Division of Child and Family Services.

(d) ORS shall complete the adjustment to the child support debt within ten business days of receiving the necessary verification from the Division of Child and Family Services.

(e) If the child support amount has been collected from the custodial parent prior to ORS receiving the necessary verification from the Division of Child and Family Services, the amount collected will be first applied to other debts owed to the state for times that the child has been in care or custody of the state. If no other child in care debts exists, the amount will be refunded to the custodial parent.

(f) If the consecutive day stay becomes a permanent placement in the custodial parent's home according to information received from the Division of Child and Family Services, ORS will provide continuing child support services, if appropriate, as of the date of the permanent placement as required by 45 CFR 302.33.

KEY

child support, foster care, youth corrections

Date of Enactment or Last Substantive Amendment

August 9, 2010

Notice of Continuation

July 6, 2015

Authorizing, Implemented, or Interpreted Law

45 CFR 300 - 307; 62A-1-117; 62A-11-104; 62A-11-107; 62A-11-301; 62A-11-320.5; 62A-11-320.6; 78A-6-1106; 78B-12-101; 78B-12-106; 78B-12-108; 78B-12-301; 78B-12-302


Additional Information

Contact

For questions regarding the content or application of rules under Title R495, please contact the promulgating agency (Human Services, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.