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H.B. 100 Enrolled
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 [
(2) The parent or legal guardian [
involving allegations of abuse or neglect against the parent or legal guardian [
allegations are substantiated. [
[
[
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 [
person who may be obligated, [
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 [
on the 61st day following the proceeding.
(2) The court may refer the [
order to the Office of Recovery Services [
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
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.
[
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.
[
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.
[
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.
[
(8) An existing child support order payable to a parent or other obligated person shall be
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 [
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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