CASE MANAGEMENT

CS 1085P Children in Care (CIC) Adoption Assistance

9/99 Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 12/01/25

R527-220, R512-43; Utah Code 78A-6-356, 80-2-801, 805, 81-6-104, 204

NOTE: CIC-specific procedures contained in this section.

Statutory Authority

R527-220-6 states:

“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, pursuant to Sections 78A-6-356, 81-6-104, R527-220-2 and R527-221-3. If an order for support does not currently exist, ORS will establish a monthly child support obligation. When establishing a child support obligation, ORS will not include the adoption assistance amount paid to the family in determining the family's income.”

Definition

Utah Code 80-2-801 defines adoption assistance as:

“(2)(a) "Adoption assistance" means, except as provided in Section 80-2-809, direct financial subsidies and support to adoptive parents of a child with special needs or whose need or condition has created a barrier that would prevent a successful adoption.

(b) “Adoption assistance” includes state medical assistance, reimbursement of nonrecurring adoption expenses, or monthly subsidies.” (Emphasis added.)

Guidelines for Adoption Assistance

Use the following guide when determining child support for the parents of a child who is receiving or who has received adoption assistance, and whose child has been placed in 24-hour care.

1. Existing Cases on ORSIS: According to R527-220-6:

“. . . If an order for support does not currently exist, ORS will establish a monthly child support obligation. . . .”

Assess child support from this point forward on all previously closed or open subsidized adoption cases. For example, if the Notice of Agency Action is generated on June 14, charge child support beginning June 1.

Do not offer the 60-day credit on existing cases. Utah Code 78-6-356 states:

“(5) Liability for child support ordered under Subsection (3) shall accrue:

(a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which the juvenile court holds the hearing described in Subsection (2)(a), if there is no existing child support order for the child; or

(b) beginning on the day the child is removed from the child's home, including time spent in detention or sheltered care, if the child is removed after having been returned to the child's home from state custody.”

2. New Cases: Include arrears time frames and offer the 60-day credit as outlined in CS 1366P CIC Determining Arrears for a First-time Child Support Order, on all cases opened after August 1, 2003.

Assessment of Child Support

According to Utah Code 81-6-204:

“(2) The court or administrative agency may only use the income of the parents of the child to determine the base child support award.”

Rule R527-220-6 states:

". . . When establishing a child support obligation, ORS will not include the adoption assistance amount paid to the family in determining the family's income”

1. No Existing Support Order: If there is no existing support order, establish an administrative order. Refer to the CIC Establish Order sections of policy for instructions to establish an order.

2. Existing Support Orders: If the adoptive parents have an existing support order (i.e. divorce decree or administrative order), collect any child support that is ordered. Refer to CS 1104P Enforcing an Existing Order on a CIC Case for further instruction.

NOTE: If the case already exists on ORSIS, support must be charged from this point forward.

NOTE: Out of State Subsidy: If the other state’s policy specifies that the monthly subsidy be used toward the support of the child in care, assess the parent’s child support based only on their income without including the subsidy amount.

Hearing process for Adoption Assistance Cases

If the respondent(s) disagrees with the adjudicative proceedings and submits the hearing request, send the request directly to the Office of Administrative Hearings (OAH). Families and representatives from the custodial agency may present evidence, which may result in a deviation/rebuttal of the child support guidelines when establishing a child support amount. Refer to CS 1371P CIC Children in Care Case Preparation for Administrative Hearing for Presiding Officer instructions.

Good Cause Waiver

After ORS establishes a monthly support obligation, the respondent(s) may request the Good Cause Waiver. The Good Cause Waiver requests are initiated by workers with the custodial agency, not by ORS/CIC workers. Refer to CS 1088P CIC Good Cause Waiver Request for further information.

Income Withholding

For additional information and procedures, refer to CS 700P Overview, Payment Methods, Forms and Appendixes through CS 732P-3 Notice to Withhold, Veteran's Benefits, and CS 748P Payor Fails to Withhold or Remit