CASE MANAGEMENT
CS 067P Termination of
Parental Rights and Adoption
12/24/03
Revised 12/28/23 Training Completed 01/11/24 Last Reviewed 12/31/24
Statutory
Authority
Utah Code Annotated (U.C.A.) governs the termination of parental
rights and explains the effect of such an action in 80-4-105:
“Effect of decree.
(1) An order for the termination of parental rights divests the
child and the parents of all legal
rights, powers, immunities, duties, and obligations with respect to each other,
except the right of the child to inherit from the parent.” (Emphasis added.)
U.C.A. 78B-6-138 governs the effects of an adoption action on
parental obligations as follows:
“Pre-existing parent's rights and duties
dissolved.
(1) A
pre-existing parent of an adopted child is released from all parental rights
and duties toward and all responsibilities for the adopted child, including
residual parental rights and duties, as defined in Section 80-1-102, and has no
further parental rights or duties with regard to that adopted child at the earlier
of:
(a) the
time the pre-existing parent's parental rights are terminated; or
(b) except
as provided in Subsection (2), and subject to Subsections (3) and (4), the time
the final decree of adoption is entered.”
If arrears are not specifically preserved in a termination of
parental rights order, an adoption order or a sum-certain judgment and the
custodial parent (CP) wishes to collect them, s/he may attempt to do so through
private counsel and the court, but the Office of Recovery Services/Child Support
Services (ORS/CSS) will not attempt to collect them. The agency is not taking the
position that the money is no longer owed, only that CSS will not attempt to
collect it once a termination order or an adoption order
has been issued if the arrears are not specifically preserved in the order.
NOTE: The following
procedures apply only to CSS cases.
ORS/CIC may have different procedures for state custody cases.
Forms Overview
1. Termination of Parental Rights or Adoption Pending Contact Letter—Custodial Parent. Send this letter to the CP to obtain more information about the pending action to terminate parental rights or pending adoption. A pending action is an action that has been filed. The letter includes information about actions that CSS may take in response to the pending action.
2. Termination of Parental Rights or Adoption Pending, Custodial Parent Statement. This form is a statement for the CP to complete and sign, giving more information about the pending action to terminate parental rights or pending adoption. A pending action is an action that has been filed. In particular, it asks the CP if they support the pending action or are opposed to it. This letter generates as a subform to the Termination of Parental Rights or Adoption Pending Contact Letter—Custodial Parent Letter or can be generated on its own.
Procedures for Final Termination of Rights or Adoption Orders
Received
If you receive an order that terminates the parental rights of the
noncustodial parent (NCP) or an adoption order, take the following
actions.
NOTE: Since adoption orders
are sealed, it may be necessary to rely on verbal notice from the CP or on case
notes in eShare that the adoption is final. Although you will request a copy of the
adoption order from the parent, if they do not or cannot provide it, proceed as
directed below and assume that the arrears are not preserved.
1.
End
the ongoing support debt as of the effective date of the termination or adoption
order.
NOTE: If the termination of rights or adoption
order only affects one or some of the children included in a support order, the
Attorney General’s Office (AGO) has advised that it is usually preferable to
obtain a new support order to address the remaining children, but it may not
always be necessary. Review these cases
and orders with your manager and the AGO to choose the best approach to take on
a case-by-case basis.
2.
Review
the termination or adoption order to see if the arrears debt is specifically
preserved. If
the language in the order is vague or confusing, and there are Non-IV-A debts
in question, consult with your management chain (Manager, Associate Regional
Director, Regional Director, and CSS Director) and the AGO as needed.
NOTE: If the termination or adoption order was
issued in another state, the laws of that state control whether or not arrears
are still owed. If the arrears are not
clearly preserved and you do not have information about the other state’s laws,
ask the parties to provide evidence as to the status of the arrears (i.e.
additional legal documents, an agreement signed by the parties, or a copy of
the other state’s law.)
a.
No,
the order does not preserve the arrears debt:
i.
End all of the debts;
ii.
Adjust the arrears balances to zero;
iii.
Manually withdraw the lien;
iv.
Pend the case for closure;
v.
Send the “60-day Closure Notice:”
vi.
Create a case-level narrative documenting information about the
order, including which parent’s rights were terminated, the date of the order, no
provision to preserve the arrears, the adjustment code reason, and the pending
closure; and,
vii.
Refer the case to the team manager to approve the closure.
NOTE: If you find cases where CSS has been
collecting arrears that accrued prior to a termination of parental rights or
adoption order, but those arrears were not specifically preserved in the order,
follow the above steps when you find the case.
If the CP contacts you about the closure, inform them that CSS no longer
provides services under those circumstances, but that they may pursue
collection privately.
b.
Yes,
the order preserves the arrears debt:
If the order contains specific language stating that the arrears are
still owed or contains a specific dollar amount for past-due support, take the
following steps, depending on what type of debts remain on the CSS case:
i.
IV-A
arrears debts only: Although the order has
specifically preserved the arrears due, CSS will not attempt to collect any
IV-A arrears once a termination order or an adoption order has been
issued.
ii.
Non-IV-A
arrears only:
A.
Verify that the Non-IV-A arrears debt on ORSIS matches the dollar
amount specified in the order (if any).
Make any adjustments necessary.
B.
Continue all appropriate enforcement/collection actions to collect
the remaining debt.
iii.
Mixed
IV-A and Non-IV-A arrears:
A.
If the CP received Utah cash assistance prior to August 1995,
refer to CS 600P Unreimbursed Assistance for the manual calculation procedures.
B.
If the CP did not receive Utah cash assistance prior to August
1995, complete any necessary adjustments to the AFDC arrears debts to unassign
excess arrears (move to a UDAA debt) and bring any positive Unreimbursed
Assistance Balance (UAB) to zero.
C.
After the calculation, end the AFDC debts using the “UNF” code on
the appropriate screen for termination of parental rights actions or the “ADP”
code for adoptions. Adjust the arrears
balances to zero using the appropriate code on the appropriate screen.
D.
Continue all appropriate enforcement/collection actions to collect
the remaining Non-IV-A debt.
NOTE: If the applicant provides a copy of a
termination or adoption order from Utah’s Juvenile courts when applying for CSS
services (IV-A or Non-IV-A), and the order does not specifically preserve the
arrears, CSS will not attempt to collect any alleged arrears that may have
accrued prior to the termination/adoption order. Intake will open a case as required when an
application is received, create a case-level narrative documenting the
pertinent information about the termination or adoption order, and then pend
the case for closure. The CP may still attempt
to collect the balance through private counsel or the courts.
Procedures – Arrears Preserved with a Sum-Certain Judgment
The CP may obtain a sum-certain judgment to preserve arrears that
accrued prior to the termination of parental rights or an adoption. The judgment may be obtained in conjunction
with the termination or adoption order, or obtained as a separate sum-certain
judgment at a later date.
If the former CP provides you with a copy of a sum-certain
judgment that preserves arrears, open (or reinstate) a case to collect this
Non-IV-A arrears only debt. Use all
appropriate enforcement and collection actions to collect the Non-IV-A debt.
Procedures for Termination of Rights Actions in Progress
If you are made aware that a termination of rights action is in progress,
the steps you’ll take will depend on where the action is filed, what types of
debts are involved, and if the action is supported by the CP or Department of
Child and Family Services (DCFS).
1.
Where
is the termination action filed?
a.
District Court:
If we have an open CSS case with current support due (IV-A or
Non-IV-A), refer the case to the AGO to object to the action on the basis of
jurisdiction. The action should be filed
in the Juvenile Court and handled in that venue.
b.
Juvenile
Court: Go to the next question.
2.
Does
DCFS support the termination action? (IV-A
or Non-IV-A case).
a.
Yes
– CSS will support the DCFS position, as they are proceeding based
on the best interests of the child. Do
not take any steps to preserve the arrears balance or object to the
termination. Once the termination order
is issued, follow the steps in the Procedures for Termination of Rights Orders
Received section above.
b.
No
or DCFS is not involved in the termination action –
Go to the next step.
3.
Send
the “Termination of Parental Rights Pending—Custodial Parent” to the CP. Include the subform
“Termination of Parental Rights or Adoption Pending, Custodial Parent
Statement.”
4.
Monitor
for the “Termination of Parental Rights or Adoption Pending, Custodial Parent
Statement” from the CP. If
the CP fails to respond, begin the appropriate non-cooperation sanction for a IV-A case or closure for a Non-IV-A case process.
5.
Does
the CP support the termination action? Based
on the information provided in the signed statement/response from the CP and
the type of current support debt on the case, take the following actions.
a.
Yes,
CP supports termination action.
i.
Open
IV-A case: Refer
the case to the AGO to object on the basis of the state’s interest due to the
Assignment of Support Rights. When
opposing the action, the only issue that the AGO can address is the child
support obligation. If there is evidence
that it is in the best interest of the child for CSS not to oppose the
termination (i.e. there is a guardian ad litem for the
child who supports the termination) then CSS will not oppose the action.
ii.
Open
Non-IV-A case: Pend
the case for closure because the CP’s position in supporting the termination of
the NCP’s rights is inconsistent with the application for services for CSS to
collect, enforce, etc. from the NCP.
b.
No,
CP does not support termination action.
i.
Open
IV-A case: Refer
the case to the AGO to object on the basis of the state’s interest due to the
Assignment of Support Rights. When
opposing the action, the only issue that the AGO can address is the child
support obligation. If there is evidence
that it is in the best interest of the child for CSS not to oppose the
termination (i.e. there is a guardian ad litem for the
child who supports the termination) then CSS will not oppose the action.
ii.
Open
Non-IV-A case: Refer the case to the AGO
to oppose the termination action. The
CP’s position is consistent with the application for services for CSS to
collect, enforce, etc. from the NCP.
When opposing the action, the only issue that the AGO can address is the
child support obligation.
Procedures for Adoption Actions in Progress
CSS will never oppose a pending adoption action. A pending action is an action that has been
filed in court. Do not refer a case to
the AGO to oppose an adoption action. Do
not take any steps to legally preserve the arrears.
If the adoption action is pending on a
IV-A case, continue enforcement until you confirm that the adoption order is
final.
If the adoption action is pending on a Non-IV-A case, send the
“Termination of Parental Rights Pending—Custodial Parent” and the “Termination
of Parental Rights or Adoption Pending, Custodial Parent Statement” to the CP
to confirm the pending (filed) adoption.
If the CP confirms the pending adoption action, pend the case for
closure because the CP’s position in supporting the termination of the NCP’s
rights for the adoption is inconsistent with the application for services for
CSS to collect, enforce, etc. from the NCP.
If the CP fails to respond, pend the case for closure. See CS 061P Case Closure Overview for more
information.
CIC (Foster Care/Youth Corrections) Cases
CIC will still collect arrears that accrued prior to the
termination of parental rights even though CSS does not pursue comparable arrears
on its cases. The CSS policy is based on
the statutory requirement that states when parental rights are terminated, the
termination “. . . .divests the child and the parents
of all legal rights, powers, immunities, duties, and obligations with respect to each other. . . .” (U.C.A. 80-4-105,
emphasis added).
After consultation with other divisions related to this issue, a
decision was made for ORS/CIC to collect on any arrears that accrued on a CIC
case prior to parental rights being terminated.
The decision was based on the rationale that once a child is placed in
the custody or care of the state, the support obligation is between the parent
and the state. In addition, the
divisions felt that these arrears should be collected as they are frequently the
result of abuse or neglect on the part of the obligor parent.
If you have a case in common with CIC, and parental rights have
been terminated, do not instruct the parties that ORS will not collect the CIC
debt. Refer any questions or inquiries
to the responsible CIC agent.