CASE MANAGEMENT

CS 067P Termination of Parental Rights and Adoption – Juvenile Court

12/24/03 Revised 05/28/26 Training Completed 06/10/26 Last Reviewed 06/02/26

Utah Code 78A-6-103; 78A-6-104; 80-4-105; 81-13-220

 

 

Introduction

The Office of Recovery Services (ORS) will never oppose a termination of parental rights or an adoption action. The procedures outlined in this policy are specific to the actions filed in the juvenile court ONLY. This policy provides procedures for when a termination of parental rights or adoption is pending, or finalized, in the juvenile court.

 

 

Statutory Authority

 

Utah Code 78A-6-103:

“(2) The juvenile court has original jurisdiction over:

(a) any proceeding concerning. . .

(v) the termination of parental rights in accordance with Title 80, Chapter 4, Termination and Restoration of Parental Rights, including termination of residual parental rights and duties. . .

(xiv) an adoption of a child under Title 81, Chapter 13, Adoption, if the juvenile court has previously entered an order terminating the rights of a parent and finds that adoption is in the best interest of the child. . . .”

 

Utah Code 78A-6-104:

(1)(a) The juvenile court has jurisdiction, concurrent with the district court:

(i) to establish parentage, or to order testing for purposes of establishing parentage, for a child in accordance with Title 81, Chapter 5, Uniform Parentage Act, when a proceeding is initiated under Title 80, Chapter 3, Abuse, Neglect, and Dependency Proceedings, or Title 80, Chapter 4, Termination and Restoration of Parental Rights, that involves the child. . . .”

 

Utah Code 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.

(2) (a) An order or decree entered under this chapter may not disentitle a child to any benefit due to the child from any third person, including any Indian tribe, agency, state, or the United States.

(b)(i) An order or decree entered under this chapter shall explicitly address whether any arrears in child support in relation to the child exist and, subject to Subsection (2)(b)(ii), shall:

(A) order that the child support arrears be preserved and be subject to collection, including through the Office of Recovery Services; and

(B) state the amount of child support arrears owing as of the time of entry of the order or decree.

(ii) The order required by Subsection (2)(b)(i) is a presumption that is rebuttable only upon a showing by a preponderance of evidence that the best interest of the child mitigates all or part of any child support arrears owing.” (Emphasis added.)

 

Utah Code 81-13-220 governs the effects of an adoption action on parental obligations as follows:

“(1) A pre-existing parent of a child adoptee:

(a) is released from all parental rights and duties toward and all responsibilities for the child adoptee, including residual parental rights and duties, as defined in Section 80-1-102; and

(b) has no further parental rights or duties with regard to the child adoptee at the earlier of:

(i) the time the pre-existing parent's parental rights are terminated; or

(ii) except as provided in Subsection (2), and subject to Subsections (3) and (4), the time the final decree of adoption is entered. . . .

(5) This section may not be construed as terminating any child support obligation of a parent incurred before the adoption.” (Emphasis added.)

 

 

Forms Overview

 

1.                   Termination of Parental Rights or Adoption Pending Contact Letter—Custodial Parent. Send this letter to the custodial parent (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 ORS 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. 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

 

For termination of parental rights or adoption orders entered in the juvenile court, there are two different standards and time periods to be aware of. The resulting ORS procedures are the same, but the law governing the arrears preservation is different.

 

·                     Orders entered prior to May 7, 2025 – Utah Administrative Code R527-36 required that the child support arrears be specifically preserved in the termination of parental rights or adoption order. If the child support arrears were not specifically preserved in the order, ORS will not continue to collect or enforce the child support arrears.

 

·                     Orders entered on or after May 7, 2025 – Effective May 7, 2025, Utah Code 80-4-105 was amended to require that certain provisions related to child support arrears be explicitly addressed in the termination of parental rights or adoption order. Per Utah Code 80-4-105, if the child support arrears are not explicitly addressed in the order as required by Utah Code 80-4-105(2) ORS will not continue to collect or enforce the child support arrears.

 

NOTE 1: If the termination of parental rights order or adoption order (for both time periods) do not address the child support arrears, ORS will not continue to collect the child support arrears. ORS is not taking a position that the child support arrears are no longer owed, it is simply guided by the law in place at the time of the order. A parent may seek independent legal advice as to their legal options related to the child support arrears.

 

NOTE 2: If the termination of parental rights 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, you may need to request additional information from the parties (e.g., legal documents, an agreement signed by the parties). Consult with the assigned AAG for guidance on what may be needed and the other state’s laws.

 

NOTE 3: If the termination of parental rights or adoption order only affects one or some of the children included in a child 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 assigned Assistant Attorney General (AAG) to choose the best approach to take on a case-by-case basis.

 

If you receive an order terminating the parent rights of a parent(s) or an adoption order, take the actions listed below.

 

1.                   Review the termination or adoption order to see if the child support arrears were addressed based upon the legal standard in place when the order was entered (see above), and if the child support arrears are subject to collection. If the language in the order is flawed, vague or confusing, and there are Non-IV-A debts in question, consult with your management chain (i.e., Manager, Associate Regional Director, Regional Director), and the assigned AAG.

 

2.                   If the termination of parental rights order does not address the child support arrears debt as required by the law in place when the order was entered:

a.                   End all of the debts appropriately in ORSIS;

b.                   Adjust the arrears balances appropriately in ORSIS;

c.                   Manually withdraw the lien;

d.                   Pend the case for closure appropriately when the parental rights of the noncustodial parent (NCP) have been terminated and any arrears that may be owed were not addressed in the order;

e.                   Send the “60-day Closure Notice” letter that is automatically generated when you pend the case for closure;

 

NOTE: The letter is not necessary if the case was for IV-A arrears only.

f.                    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,

g.                   Refer the case to the team manager to approve the closure. (Refer to CS 061P Case Closure Overview for more information.)

 

NOTE: If you find parental rights termination or adoption orders dated on or after May 7, 2025 in cases for which ORS has been collecting arrears, but those arrears are not explicitly preserved in the termination of parental rights or adoption order, follow the steps above. If the CP contacts you about the closure, inform them that ORS is no longer able to collect the arrears due to the changes to the law. ORS may not give legal advice, but they may consult with private counsel if they have further questions.

 

3.                   If the termination of parental rights order does address the child support arrears debt as required by the law in place when the order was entered:

 

If the order contains language that addresses the child support arrears preservation and contains a specific dollar amount for child support arrears, take the following steps, depending on what type of debts remain on the ORS case:

a.                   IV-A arrears debts ONLY: Although the order has preserved the child support arrears due, ORS will not attempt to collect any IV-A arrears for a termination order or an adoption order entered on or after May 7, 2025.

i.                     If there are no appropriate debts needed after the review, take the following steps:

A.                  End the appropriate debts using the appropriate code in ORSIS for termination of parental rights actions or adoptions;

B.                  Adjust the arrears balances to zero using the appropriate code in ORSIS;

C.                  Manually withdraw the lien;

D.                  Pend the case for closure using the appropriate code when the parental rights of the noncustodial parent have been terminated. While the arrears owed prior to the parental rights being terminated have been preserved in the order, ORS will not attempt to collect IV-A arrears;

E.                   Create a case-level narrative documenting the information about the order, including which parent’s rights were terminated, the date of the order, the code adjustment reason, and the pending closure; and,

F.                   Refer the case to the team manager to approve the closure.

ii.                   If there are appropriate arrears debts, take the following steps:

A.                  End the appropriate debts using the appropriate code in ORSIS for termination of parental rights actions or adoptions;

B.                  Adjust the arrears balances to zero using the appropriate code in the in ORSIS; and,

C.                  Handle the remaining arrears balances per the Non-IV-A procedures below.

b.                   Non-IV-A arrears ONLY:

i.                     Verify that the Non-IV-A arrears debt on ORSIS matches the dollar amount specified in the order. Make any adjustments necessary.

ii.                   Continue all appropriate enforcement/collection actions to collect the preserved arrears.

c.                   Mixed IV-A and Non-IV-A arrears:

i.                     After the calculation, end the appropriate debts using the appropriate code in ORSIS for termination of parental rights actions or adoptions. Adjust the arrears balances to zero using the appropriate code in ORSIS.

ii.                   Continue all appropriate enforcement/collection actions to collect the remaining Non-IV-A debt.

 

NOTE: If the applicant provides a copy of a termination of parental rights or adoption order when applying for services (IV-A or Non-IV-A), and the order does not address the child support arrears as required by the law in effect at the time the order was entered, ORS will not attempt to collect any child support arrears that 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 appropriately. A parent may seek independent legal advice regarding child support arrears that have not been addressed in the order.

 

 

Procedures for Utah Termination of Rights Actions or Utah Adoption Action in Progress

 

If you are made aware that a termination of rights action or an adoption action is in progress, take the following steps.

 

1.                   Send the “Termination of Parental Rights Pending – Custodial Parent” letter to the CP. Include the subform “Termination of Parental Rights or Adoption Pending, Custodial Parent Statement” letter with the “Termination of Parental Rights or Adoption Pending Contact Letter – CP” letter.

 

2.                   Monitor for the “Termination of Parental Rights or Adoption Pending, Custodial Parent Statement” from the CP and the ORSIS alert. If the CP fails to respond to the “Termination of Parental Rights or Adoption Pending Contact Letter – CP” letter, review the case for a sanction and/or closure due to noncooperation following the procedures outlined in CS 059P Applicant/Recipient Cooperation – General Information, Forms, and Specified Relative or CS 061P Case Closure Overview.

 

Once you receive a final termination of parental rights or adoption order, follow the steps detailed above.

 

Procedures—Arrears Preserved with a Sum Certain Judgment in Termination or Adoption Cases

 

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 you receive a copy of a sum certain judgment that preserves the arrears, open (or reinstate) a case to collect the Non-IV-A arrears only debt. Use all appropriate enforcement and collection actions to collect the Non-IV-A debt.