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H.B. 100 Enrolled

                 

CHILD SUPPORT FOR CHILDREN IN STATE CUSTODY

                 
2000 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Eli H. Anderson

                  Patrice M. Arent




                  AN ACT RELATING TO HUMAN SERVICES; DELAYING THE ACCRUAL OF CHILD
                  SUPPORT FOR A CHILD IN STATE CUSTODY; REQUIRING THE JUVENILE COURT TO
                  INFORM PARENTS OF CHILD SUPPORT; LIMITING THE AMOUNT OF ARREARS THAT
                  MAY BE INITIALLY ASSESSED IF PARENTS COOPERATE IN ESTABLISHING CHILD
                  SUPPORT; MAKING TECHNICAL AND CONFORMING AMENDMENTS; AND
                  PROVIDING A COORDINATION CLAUSE.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      62A-4a-114, as last amended by Chapter 1, Laws of Utah 1996
                      78-3a-906, as enacted by Chapter 1, Laws of Utah 1996
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 62A-4a-114 is amended to read:
                       62A-4a-114. Financial reimbursement by parent or legal guardian.
                      (1) The division shall seek reimbursement of funds it has expended on behalf of a child in
                  the protective custody, temporary custody, or custody of the division, from the child's parents or
                  legal guardians in accordance with [a court] an order for child support under Section 78-3a-906 .
                      (2) The parent or legal guardian [of a dependent child is financially responsible for services
                  provided to the child by the division] is only responsible for child support with regard to a case
                  involving allegations of abuse or neglect against the parent or legal guardian [only] if those
                  allegations are substantiated. [Costs shall be assessed from the date the allegations are
                  substantiated.]
                      [(3) Except as provided in Subsection (2), the division may seek reimbursement for services
                  it has provided to any minor from his parent or legal guardian.]
                      [(4)] (3) The attorney general shall represent the division in any legal action taken to


                  enforce this section.
                      Section 2. Section 78-3a-906 is amended to read:
                       78-3a-906. Child support obligation when custody of a minor is vested in an individual
                  or institution.
                      (1) When legal custody of a minor is vested by the court in an individual, a secure youth
                  corrections facility, or any other state department, division, or agency other than his parents, the court
                  shall in the same [or any subsequent] proceeding [require] inform the parents, a parent, or any other
                  person who may be obligated, [to support the minor and to pay any other expenses of the minor,
                  including the expense of any medical, psychiatric, or psychological examination or treatment provided
                  under order of the court. The] verbally and in writing, of the requirement of paying child support in
                  accordance with Title 78, Chapter 45, Uniform Civil Liability for Support Act, and, if Subsection (2)
                  applies, the requirement of meeting with the Office of Recovery Services within 30 days to establish
                  a child support order and the penalty in Subsection (4) for failing to do so. If there is no existing
                  child support in favor of the state for the minor, the liability for support shall accrue beginning [with
                  the date the minor is removed from the home, including the time spent in detention or sheltered                   care]
                  on the 61st day following the proceeding.
                      (2) The court may refer the [determination of that matter] establishment of a child support
                  order to the Office of Recovery Services [for administrative adjudication]. The referral shall be sent
                  to the Office of Recovery Services within three working days. Support obligation amounts shall be
                  set by the Office of Recovery Services in accordance with Title 78, Chapter 45, Uniform Civil
                  Liability for Support Act.
                      (3) (a) At the time that a child support order is established and a specific child support
                  amount is set, the order may not require the payment of support arrears that occurred more than two
                  months prior to the setting of the child support amount.
                      (b) Notwithstanding Subsection (3)(a), the court may order the liability of support to begin
                  to accrue from the date of the proceeding referenced in Subsection (1) if:
                      (i) the parents, parent, or any other person obligated fails to meet with the Office of
                  Recovery Services within 30 days after being informed orally and in writing by the court of that

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                  requirement; and
                      (ii) the Office of Recovery Services took reasonable steps under the circumstances to contact
                  the parents, parent, or other person obligated within the subsequent 30-day period to facilitate the
                  establishment of the child support order.
                      (c) For purposes of Subsection (3)(b)(ii), the Office of Recovery Services shall be 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 parents,
                  parent, or other obligated person 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 parents,
                  parent, or other obligated person regarding the requirement that a child support order be established.
                      (4) In collecting arrears, the Office of Recovery Services shall comply with Section
                  62A-11-320 in setting a payment schedule or demanding payment in full.
                      [(3)] (5) Unless otherwise ordered, the parents or other person shall pay to the Office of
                  Recovery Services for transmission to the person or agency having legal custody of the minor or to
                  whom compensation is due. The clerk of the court or Office of Recovery Services shall have
                  authority to receive periodic payments for the care and maintenance of the minor, such as Social
                  Security payments or railroad retirement payments made in the name of or for the benefit of the
                  minor.
                      [(4)] (6) No court order under this section against a parent or other person shall be entered,
                  unless summons has been served within the state, a voluntary appearance is made, or a waiver of
                  service given. The summons shall specify that a hearing with respect to the financial support of the
                  minor will be held.
                      [(5)] (7) An order entered under this section against a parent or other person may be                   enforced
                  by contempt proceedings and shall also have the effect of a judgment. Upon request of the court, the
                  county attorney shall enforce orders of the court issued under this section.
                      [(6) Payment for child support may be made]
                      (8) An existing child support order payable to a parent or other obligated person shall be

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                  assigned to the division as provided in Section 62A-1-117 .
                      (9) If the court vests legal custody of a minor to a nongovernmental agency [in whom the
                  court vests legal custody, provided that], the agency shall make periodic reports to the court
                  concerning the care and treatment the minor is receiving and his response to such treatment. Such
                  reports shall be made at such intervals as the court may direct and shall be made with respect to each
                  minor at least every six months. The agency shall also afford an opportunity for a representative of
                  the court to visit the minor as frequently as the court considers necessary.
                      Section 3. Coordination clause.
                      If this bill and S.B. 49, Child Support Amendments, both pass, it is the intent of the
                  Legislature that the amendments to Section 78-3a-906 in this bill shall supercede the amendments to
                  Section 78-3a-906 in S.B. 49.

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