CASE MANAGEMENT

CS 1087P Children in Care (CIC) Guardianship Placement

03/05 Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 10/02/24

NOTE: CIC-specific procedures contained in this section.

Statutory Authority

Utah Code Annotated 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 Act; and

Utah Code 81-6-104 states:

“(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.

(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).”

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 custody or care of the state or a state-licensed facility for at least 30 days.

(b) When physical custody of a child changes from the physical custody that is assumed in the original child support order calculated under this section, the modification of the child support order is not necessary even if only one parent is specifically ordered to pay in the child support order.”

Introduction

The Office of Recovery Services/Children in Care (ORS/CIC) will charge support when a child is in a guardianship placement. Utah Code 78A-6-356(3) states that the court shall order support for a child “. . . 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. . . .” Although recent juvenile court orders most likely include a provision for a support obligation to be paid when a child is placed with an “individual” (e.g., guardian), many “older” juvenile court orders will not include this provision. In addition, juvenile court jurisdiction may terminate after the child is placed in a guardianship placement, leaving the district court with jurisdiction over the child. If the juvenile court order does not include a provision for support to be paid when the child is placed with an individual and/or jurisdiction changes, the hearing procedures will be different from ORS/CIC procedures.

Guardianship Procedures – Juvenile Court Order Requires Support Obligation for Guardianship Placement

Refer to the procedures below when the juvenile court order requires support to be paid when the child is placed with an “individual” (e.g., guardian).

1. Determine if there is an existing support order.

a. No Existing Support Order: Attempt to establish an administrative order using establish order procedures. If the respondent(s) requests a hearing, refer to number 2 below.

b. Existing Support Order: Determine if the case meets the review criteria.

NOTE: Orders issued from January 2001 through March 2002 require support to be paid only while the child(ren) is placed in a state custodial placement. When the existing order includes this provision, and the child is in a guardianship placement, a new order must be issued to include a provision for support to be paid while the child is placed with an individual other than the parents.

i. Does Not Meet Criteria: Continue to enforce on existing support order.

ii. Meets Criteria: Attempt to establish an administrative order using the establish order procedures in Volume 2. If the respondent(s) requests a hearing, refer to number 2 below.

2. Respondent or ORS/CIC Requests a Hearing: Determine if the juvenile court still has jurisdiction over the child(ren).

a. Juvenile Court Maintains Jurisdiction: Utilize the administrative hearing process to establish an order. Refer to CS 370P Administrative Hearing Request and Preliminary Conference.

b. Juvenile Court Jurisdiction Terminated: Send the case to the assigned Assistant Attorney General (AAG) to take the appropriate action in juvenile court. Refer to CS 1354P CIC Referral to the AGO for Order Establishment for referral procedures

Guardianship Procedures – Juvenile Court Order Does NOT Require Support Obligation for Guardianship Placement

Refer to the procedures below when the juvenile court order does NOT require support to be paid when the child is placed with an “individual” (e.g., guardian).

1. Determine if there is an existing support order.

a. No Existing Support Order: Proceed with the next step.

b. Existing Support Order: Determine if the case meets the review criteria (refer to CS 450P Review and Adjustment sections of policy for more information).

i. Does Not Meet Criteria: Continue to enforce on the existing support order.

ii. Meets Criteria: Proceed with the next step.

2. Determine if the juvenile court still has jurisdiction over the child(ren).

a. Juvenile Court Maintains Jurisdiction: Send the case to the assigned Assistant Attorney General (AAG) to take the appropriate action in juvenile court. Refer to CS 1354P CIC Referral to the AGO for Order Establishment for more information on referral procedures.

Reviewing Guardianship Cases

If you are reviewing a case with an existing support order and you determine that the child has been in a guardianship placement for an extended period and CIC did not charge support for all or part of the placement time frames, consult with your manager and the assigned attorney to determine when the current support obligation will begin.

DCFS Review Procedures for Guardianship Placement

The Department of Child and Family Services (DCFS) is responsible for reviewing guardianship contracts after they expire. During the review process, DCFS holds the payments until the new contract is approved. After the new contract is approved, DCFS applies the payments to the appropriate months. Because it may be difficult to determine whether current support needs to be ended, CIC agents sill need to verify with the DCFS worker (prior to ending the support obligation) that the guardianship contract has been terminated.