ESTABLISH ORDER

CS 356P-1 Specified Relative Cases, Case Initiation

11/94 Revised 09/03/24 Training Completed 09/17/24 Last Reviewed 05/05/25

Utah Code 81-6-104, 81-6-106, 81-6-204, 81-6-205

Introduction

When a child is living with a specified relative the Office of Recovery Services/Child Support Services (ORS/CSS) intake workers will open a separate case for each parent, even if the parents are living together. When a specified relative is receiving IV-A assistance, separate cases against each noncustodial parent (NCP) must be referred through the ORSIS interim screens in order for separate cases to be referred and opened on ORSIS. In Non-IV-A cases the specified relative must complete one application that includes each parent. The application will be attributed to each parent’s case once the cases are opened. Do not attempt to add a specified relative and his/her debts against an NCP with an existing case for a different obligee with the same NCP.

If the specified relative is receiving Medicaid-only for the child and there is an existing support order for that child, the intake worker will open a case to enforce the medical support obligation and the child support obligation. The case must remain open for medical support enforcement, even if the specified relative has declined child support services. For details on cooperation requirements for various programs, refer to the CS 059P sections of policy.

Procedures – Case Initiation

Intake workers will attempt to obtain additional information from specified relative applicants to determine the type of services to provide. This information will be used in the decision-making processes found in the Specified Relative Cases policies, sections CS 356P-2 to CS 356P-6. The Specified Relative/Legal Guardian Information form is available to assist workers in gathering and evaluating the extra information needed for these cases; however, its use is not mandatory.

If the case is a specified relative case, open separate cases on each parent, even if the parents are living together.

In conjunction with intake procedures found in CS 101P Opening a CSS Case, Procedures and CS 104P Opening a Support Follows the Child Case, Overview, intake workers will also obtain the following information:

1. Verification of Specified Relative’s physical custody of child(ren). The physical custody of the child(ren) can be verified in the following ways.

a. Eligibility for IV-A financial, Medicaid, and/or child care assistance: Physical custody of the child(ren) is considered verified by the DWS determination that the specified relative is eligible to receive benefits for that child.

b. Juvenile or district court order granting custody of the child(ren) to the specified relative.

c. Written agreement from the former custodial parent (CP).

2. Information about any existing orders for the child(ren).

a. Has legal custody previously been granted to one of the parents?

b. Is there a juvenile court order granting custody to the specified relative?

c. Is there a juvenile court order containing a provision that allows CSS to establish child support?

d. Has juvenile court retained or terminated jurisdiction?

e. Is there an open Child(ren) in Care (CIC) case?

f. Was the controlling parental support order (if any) issued in Utah?

g. Does the controlling support order contain a support obligation for both parents?

h. Were both parents respondents to the controlling support order?

i. Is there a sole custody worksheet available with the controlling support order?

j. Does the sole custody worksheet contain enforceable amounts for both parents?