CASE MANAGEMENT

CS 1086P Children in Care (CIC) Guidelines for Charging Support

10/99 Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 10/02/24

R527-221; Utah Code 26B-9-104, 26B-9-111, 78A-6-356, 81-6-205, 81-7-102

 

NOTE:  CIC-specific procedures contained in this section.

 

 

Statutory Authority


Utah Code 26B-9-104 states:

“(2) The office may not provide child support services to the Division of Child and Family Services for a calendar month when the child to whom the child support services relate is:

(a) in the custody of the Division of Child and Family Services; and

(b) lives in the home of a custodial parent of the child for more than seven consecutive days, regardless of whether:

(i) the greater than seven consecutive day period starts during one month and ends in the next month; and

(ii) the child is living in the home on a trial basis.

(3) The Division of Child and Family Services is not entitled to child support, for a child to whom the child support relates, for a calendar month when child support services may not be provided under Subsection (2).”

 

Utah Code 26B-9-111 states:

“(1) Child support is assigned to the department by operation of law when a child is residing outside of his home in the protective custody, temporary custody, custody, or care of the state for at least 30 days.

(2) The department has the right to receive payment for child support assigned to it under Subsection (1).

(3) The Office of Recovery Services is the payee for the department for payment received under this section.”

 

Utah Code 78A-6-356 states:

“(3) Except as provided in Subsection (11), when a juvenile court places a child in state custody or if the guardianship of the child has been granted to another party and an agreement for a guardianship subsidy has been signed by the guardian, the juvenile court:

(a) shall order the child's parent, guardian, or other obligated individual to pay child support for each month the child is in state custody or cared for under a grant of guardianship;

(b) shall inform the child's parent, guardian, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 81, Chapter 6, Child Support; and

(c) may refer the establishment of a child support order to the office. . . .

(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.

(6)(a) If the child's parent, guardian, or other obligated individual contacts the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a), the child support order may not include a judgment for past due support for more than two months.

(b) Notwithstanding Subsections (5) and (6)(a), the juvenile court may order the liability of support to begin to accrue from the date of the proceeding referenced in Subsection (3) if:

(i) the court informs the child's parent, guardian, or other obligated individual, as described in Subsection (4)(b), and the parent, guardian, or other obligated individual fails to contact the office within 30 days after the day on which the court holds the hearing described in Subsection (2)(a); and

(ii) the office took reasonable steps under the circumstances to contact the child's parent, guardian, or other obligated individual within 30 days after the last day on which the parent, guardian, or other obligated individual was required to contact the office to facilitate the establishment of a child support order.

(c) For purposes of Subsection (6)(b)(ii), the office is presumed to have taken reasonable steps if the office:

(i) has a signed, returned receipt for a certified letter mailed to the address of the child's parent, guardian, or other obligated individual regarding the requirement that a child support order be established; or

(ii) has had a documented conversation, whether by telephone or in person, with the child's parent, guardian, or other obligated individual regarding the requirement that a child support order be established. . . .

(8)(a) Unless a court orders otherwise, the child’s parent, guardian, or other obligated individual shall pay the child support to the office.

(b) The clerk of the juvenile court, the office, or the department and the department’s divisions shall have authority to receive periodic payments for the care and maintenance of the child, such as social security payments or railroad retirement payments made in the name of or for the benefit of the child.

(9) An existing child support order payable to a parent or other individual shall be assigned to the department as provided in Section 26B-9-111.

(10)(a) Subsections (4) through (9) do not apply if legal custody of a child is vested by the juvenile court in an individual.

(b)(i) If legal custody of a child is vested by the juvenile court in an individual, the court may order the child’s parent, guardian, or other obligated individual to pay child support to the individual in whom custody is vested.

(ii) In the same proceeding, the juvenile court shall inform the child’s parent, guardian, or other obligated individual, verbally and in writing, of the requirement to pay child support in accordance with Title 81, Chapter 6, Child Support.

(11) The juvenile court may not order an individual to pay child support for a child in state custody if:

(a) the individual’s only form of income is a government-issued disability benefit;

(b) the benefit described in Subsection (11)(a) is issued because of the individual’s disability, and not the child’s disability; and

(c) the individual provides the juvenile court and the office evidence that the individual meets the requirements of Subsections (11)(a) and (b).

(12)(a) The child’s parent or another obligated individual is not responsible for child support for the period of time that the child is removed from the child’s home by the Division of Child and Family Services if:

(i) the juvenile court finds that there were insufficient grounds for the removal of the child; and

(ii) the child is returned to the home of the child’s parent or guardian based on the finding described in Subsection (12)(a)(i).

(13) After the juvenile court or the office establishes an individual's child support obligation ordered under Subsection (3), the office shall waive the obligation without further order of the juvenile court if:

(a) the individual's child support obligation is established in accordance with a low income table described in Title 81, Chapter 6, Part 3, Child Support Tables; or

(b) the individual's only source of income is a means-tested, income replacement payment of aid, including:

(i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment Program; or

(ii) cash benefits received under General Assistance, social security income, or social security disability income.”

 

Utah Code 81-6-104 states:

“(1)(a) Every child is presumed to be in need of the support of the child’s parents.

(b) Every parent shall support their child.

(c) Nothing in this chapter relieves a parent of the primary obligation of support for the parent’s child.

(2) Except as limited in a court order under Section 81-6-208:

(a) the expenses incurred on behalf of a minor child for reasonable and necessary medical and dental expenses and other necessities are chargeable upon the property of both parents, regardless of the marital status of the parents; and

(b) a creditor may sue a parent for the expenses described in Subsection (2)(a) incurred on behalf of a minor child.

(3)(a) A parent whose minor child has become a ward of this or any other state is not relieved of the primary obligation to support that child until the minor child is 18 years old or is legally married, regardless of any agreements or legal defenses that exist between the parents or other care providers.

(b) Any state that provides support for a child shall have the right to reimbursement.

(c) A third party has a right to recover support from a parent.

(4) An obligation ordered for child support and medical expenses:

(a) are for the use and benefit of the child; and

(b) shall follow the child in a case in which a parent, or another person, is awarded sole physical custody of the child as described in Subsection 81-6-205(8).

(5) The rights created in this chapter are in addition to and not in substitution to any other rights.”

 

Utah Code 81-6-205 states:

“(8) (a) When physical custody of a child changes after the original child support order, the parent without physical custody of the child is required to pay the amount of child support calculated under this section, without the need to modify the order, to:

(i) the parent who has physical custody of the child;

(ii) a relative to whom physical custody of the child has been voluntarily given; or

(iii) the state when the child is residing outside of the home in the protective custody, temporary custody, or care of the state or a state-licensed facility for at least 30 days.” (Emphasis added).

 

Utah Code 81-7-102 states:

“(1) All monthly payments of child support and alimony are due on the 1st day of each month in accordance with Title 26B, Chapter 9, Recovery Services and Administration of Child Support.”

 

 

Guidelines for Charging Support

 

Administrative Rule 527-221-3 states:

“(5)(a) Child support payments are due and payable on the first day of the month.

(b) ORS may not prorate child support for partial months.” 

 

Unless an exception applies, the Office of Recovery Services/Children in Care (ORS/CIC) will begin charging support on the first day of the month following the juvenile court hearing.  If the juvenile court hearing is held on the first day of the month, charges begin with the first of that month.

 

EXAMPLE 1:  The child was placed in custody on December 1, and the juvenile court hearing was held on December 15.  The support obligation would begin on January 1.

 

EXAMPLE 2:  The child was placed in custody on December 1 and the juvenile court hearing was held on December 1.  The support obligation would begin on December 1.

 

EXCEPTIONS:

1.                   If there is not an existing support order, the respondent(s) may receive a 60-day credit if they cooperate with ORS/CIC (see CS 1366P Children in Care (CIC) Determining Arrears for a First-time Child Support Order for further information).

 

2.                   If it is the first time the child is placed in the care or custody of the state, and the child returns home within 30 days of being placed, do not collect any money pursuant to Utah Code 26B-9-111. If money has applied to the CIC case, refund it to the respondent(s) or transfer the money back to the IVDS case, whichever applies.

 

If the child returns home or is absent from the chargeable placement on the first day of the month, do not charge current support for that month. If the child is not in chargeable care at the first of the month, but there is a court order or information from the Division of Juvenile Justice and Youth Services (JJYS) reports it is chargeable, charge for placement per the JJYS order.

 

EXCEPTION: If the child(ren) is in a JJYS program that allows weekend home visits, and a weekend home visit coincidentally occurs on the first of the month, current support will still be charged for that month.

 

 

Charging Current Support for a Chargeable Placement

 

1.                   Verify the child is in a chargeable placement.  ORS workers do not determine if a placement is chargeable.  Only the Division of Child and Family Services (DCFS) and the Division of Juvenile Justice and Youth Services (JJYS) determine if a placement code is chargeable.

 

2.                   If the child is in a chargeable placement, determine if it is appropriate to add or reinstate a current support debt for the child on ORSIS.

 

 

Non-Chargeable Facilities and Home Placement

 

If the child is placed in a non-chargeable facility or a home placement on the first day of the month, do not charge support for that month, even if the child is later placed in a chargeable placement later the same month.

 

 

Charging Support During Temporary and Trial Placements

 

1.                   Foster Care (FSTR) Temporary and Trial Placements:

If the child is in the custody of DCFS and returns to the home of the custodial parent for more than seven consecutive days, child support shall not be collected for that month. Utah Administrative Rule R527-221 defines custodial parent for this purpose as “one of the financially obligated parents of a child placed in the care or custody of the state.”  Child support enforcement for the other parent will continue with no disruption during the time the child is with the custodial parent for more than the seven consecutive days.  If the “more than seven consecutive days” span more than one calendar month, child support shall not be collected for any of the affected months from the custodial parent.

 

NOTE:  Day one of the “more than seven consecutive days” begins with a partial day including an overnight stay (i.e., the child begins a visit with a parent beginning on a Wednesday afternoon, day one of the consecutive days would start Thursday).

 

DCFS caseworkers will be responsible for providing the necessary verification of the placement in the custodial parent home.  Adjustments to the case cannot be completed until verification is received from DCFS.  Verification from a DCFS worker must be in writing (e-mail is acceptable) and should include the child’s name, custodial parent’s name, and the start and end dates of the placement.

 

NOTE:  If a parent contacts ORS stating that the child returned home for more than seven consecutive days, send an e-mail to the DCFS case worker, and CC the case worker’s supervisor, requesting the above information for verification.  Inform the parent that the adjustment cannot be completed until verification is received from the DCFS worker.

 

Child support collected during the months where the child is in the custodial parent’s home more than seven consecutive days will be retroactively adjusted.  The current support for any affected months is removed from the case entirely and cannot be prorated to account for the days that the child was not in the custodial parent’s home.  An adjustment to the child support debt must be done within ten days of receiving verification from DCFS. 

 

EXAMPLE 1: A child in the care and custody of DCFS returns to the father’s home for the Christmas holidays.  The father is an obligated parent on ORSIS.  The child visits the father’s home the afternoon of December 25th.  Day one of the “more than seven consecutive days” will begin December 26th.  The child is in the father’s home until January 3rd.  Since the child was in the custodial parent’s home for more than seven days and the consecutive days spanned more than one month, child support will not be collected for the months of December and January.

 

EXAMPLE 2:  A child in the care and custody of DCFS returns to the mother’s home for Labor Day weekend.  The child stays from Thursday night to Monday night.  The child then goes back to the mother’s home the next weekend from Friday night to Sunday night.  Since the child was not in the mother’s home for more than seven consecutive days, child support is owed for the month of September.

 

If the trial placement becomes a permanent placement, review the case for continuing services as described in CS 120P.

 

 

Charging Arrears

 

1.                   Enforcing on an existing support order. If there is an existing support order, there are no restrictions for charging arrears as long as the existing support order is used for the arrears time frame.

 

EXCEPTION: Refer to CS 1085P Children in Care (CIC) Adoption Assistance for instructions on charging arrears for children receiving adoption assistance when there is an existing support order. Refer to CS 1087P Children in Care (CIC) Guardianship Placement for instructions on charging arrears for children in a guardianship placement.

 

2.                   Establish an administrative order. When there is not an existing support order, refer to CS 1366P Children in Care (CIC) Determining Arrears for a First-time Child Support Order for instructions on charging arrears.

 

 

Low Income or Means-tested Income Waiver

 

In accordance with Utah Code 78A-6-356(13), when a child(ren) is in the custody of the state, ORS will waive a child support obligation when a child support order has been established and the following criteria are met:

 

1.                   The low income tables were used to determine the current support. Refer to Appendix I-P Child Support Tables to verify whether or not the low income tables were used to determine the child support; or,

2.                   The NCP’s only source of income is a means-tested, income replacement payment of aid including:

a.                   FEP (Family Employment Program (formerly referred to as TANF));

b.                   GA (General Assistance);

c.                   SSI (Supplemental Security Income); or,

d.                   SSDI (Social Security Disability Insurance).

 

NOTE:  If it has been determined that the NCP’s only source of income is SSI, an order does not need to be established.  Prepare the case for closure.

 

If the case meets the above listed criteria, prepare the case for closure.