REVIEW
CS 450P-6 Procedures to
Adjust a Children in Care (CIC) Administrative Order
10/90 Revised 09/03/24 Training
Completed 09/17/24 Last Reviewed 07/10/25
45 CFR 303.8; Utah Code 26B-9-207, 211, 220, 221, and 224; 81-6-101, 102, 202, 212; R527-231
The overall steps for CSS cases
and CIC cases coded for review and adjustment are similar. Any specific procedural differences discussed
in this section will refer to “CSS case coded” or “CIC case coded.” Every letter used in the review and
adjustment process on a CSS case has a parallel letter to be used on a CIC
case; however, the automation may not be the same. Those differences are noted below where they
are known.
Procedures to Adjust a CIC Administrative Order
Do not attempt to take a new CIC
administrative order to adjust an award set by a judicial order or a CSS
administrative order. If the CIC administrative
order has been registered for judicial enforcement only, you may proceed
administratively. If a CIC
administrative order has been registered and modified in district court, the
order must be treated as a judicial order and modified in the district court.
.
If
the only support order that exists
is a CIC administrative order, the documents to issue a new CIC Administrative
order will be used after the review is completed and only if the existing order
qualifies for an adjustment based on the results of the review.
1.
Prepare the Notice of Agency Action. Prepare the NAA for the Presiding Officer to
sign.
2.
Send the notice to the parent(s) by certified mail . Maintain a paper copy of the notice packet
signed by the Presiding Officer until service on the parent(s) is successful.
NOTE: If it is determined that a CIC administrative
order should be modified, the amount in the administrative order will be
effective the date the Presiding Officer signs the order. For the time period
previous to the modified order being issued, the amount in the existing child
support order will be used.
3.
Attach a copy of the “ORS Imaging Header Sheet” with a black clip
to the NAA packet and forward to the Central Imaging Unit (CIU) once successful
service for all parties has been returned.
The NAA packet should include the following documents:
a.
The original
NAA signed by the Presiding Officer;
b.
The mailing certificate;
NOTE: The NAA has page numbers printed on the upper left hand corner of the document; the mailing certificate also has a page number listed on the upper left hand corner. The pages of the NAA and mailing certificate must be in consecutive order for imaging.
c.
The Utah guidelines worksheets used to prepare the NAA;
d.
The “Worksheet Income Verification Affidavit;”
e.
If appropriate, proof of service;
f.
The “Review and Adjustment Worksheet” completed by the agent to
calculate the difference between the existing award and the new amount for both
parents;
g.
The “Income Worksheet” completed by the agent
to determine the income for the NAA that was served;
h.
The income information used to calculate the Utah guidelines
worksheet; and,
i.
Any financial declarations (e.g., financial
statement and supporting documentation).
4.
Reassign the case to the appropriate Presiding Officer once
successful service has been completed.
5.
If additional information is provided, the Presiding Officer will
review the facts of the case and decide what action, if any, to take on the
case. If appropriate, the other parent
may need to be contacted to reconcile discrepancies in the evidence.
a.
Results
change. If
the new information changes the review results, update ORSIS appropriately.
b.
Results
do not change. If
the results of the review do not change, the Presiding Officer will update
ORSIS and generate the “Review Challenge, No Change” letter.
If a parent disagrees with the
results of the review, the parent may exercise the response options outlined in
the notice or seek private counsel.
6.
After waiting the appropriate timeframe, the Presiding Officer
will issue a modified CIC administrative order.
The new CIC administrative order will be effective the date that the
Presiding Officer signs the order.
7.
Prepare the
administrative order packet for imaging and docketing.
a.
Attach any documents and a copy of the ORS Imaging Header Sheet
with a black clip. Documents that need to be imaged in the order packet
include:
i.
A copy of the new administrative order;
ii.
The mailing certificate;
iii.
The appropriate Utah guidelines worksheet associated with the
final order;
iv.
The “Worksheet Income Verification Affidavit”; and,
v.
If appropriate, the “Affidavit of Military Service”.
NOTE: The order packet must be organized in this
manner for imaging purposes. Out of
sequence forms may not be recognized or may be assigned incorrect attributes.
8.
After the administrative order has been approved, update ORSIS.
9.
After the order has been approved by CDU, attributed into the
Content Manager case file and added to ORSIS, send a copy of the administrative
order to the parent(s). This must be
completed within 14 days of the order being issued.
10.
End the modification on ORSIS.
11.
Notify the post order agent of the modified order and if appropriate,
to transfer applicable money from the old debt to the new debt, end the debt on
the old obligation, and enforce on the modified order amount.
12.
Write a case narrative any time you take an action during the
review process.