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H.B. 100
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6 AN ACT RELATING TO HUMAN SERVICES; DELAYING THE ACCRUAL OF CHILD
7 SUPPORT FOR A CHILD IN STATE CUSTODY; REQUIRING THE JUVENILE COURT TO
8 INFORM PARENTS OF CHILD SUPPORT; LIMITING THE AMOUNT OF ARREARS THAT
9 MAY BE INITIALLY ASSESSED IF PARENTS COOPERATE IN ESTABLISHING CHILD
10 SUPPORT; AND MAKING TECHNICAL AND CONFORMING AMENDMENTS.
11 This act affects sections of Utah Code Annotated 1953 as follows:
12 AMENDS:
13 62A-4a-114, as last amended by Chapter 1, Laws of Utah 1996
14 78-3a-906, as enacted by Chapter 1, Laws of Utah 1996
15 Be it enacted by the Legislature of the state of Utah:
16 Section 1. Section 62A-4a-114 is amended to read:
17 62A-4a-114. Financial reimbursement by parent or legal guardian.
18 (1) The division shall seek reimbursement of funds it has expended on behalf of a child
19 in the protective custody, temporary custody, or custody of the division, from the child's parents
20 or legal guardians in accordance with [
21 (2) The parent or legal guardian [
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23 a case involving allegations of abuse or neglect against the parent or legal guardian [
24 allegations are substantiated. [
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29 enforce this section.
30 Section 2. Section 78-3a-906 is amended to read:
31 78-3a-906. Support and expenses of minor in custody of individual or institution --
32 Order for payment by parent or other person authorized -- Payments to nongovernmental
33 agency vested with legal custody.
34 (1) When legal custody of a minor is vested by the court in an individual, a secure youth
35 corrections facility, or any other state department, division, or agency other than his parents, the
36 court shall, in the same [
37 any other person who may be obligated, [
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40 paying child support in accordance with Title 78, Chapter 45, Uniform Civil Liability for Support
41 Act, and, if Subsection (2) applies, the requirement of meeting with the Office of Recovery
42 Services within 30 days to establish a child support order and the penalty in Subsection (4) for
43 failing to do so. If there is no existing child support in favor of the state for the minor, the liability
44 for support shall accrue beginning [
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46 (2) The court may refer the [
47 order to the Office of Recovery Services [
48 sent to the Office of Recovery Services within three working days. Support obligation amounts
49 shall be set by the Office of Recovery Services in accordance with Title 78, Chapter 45, Uniform
50 Civil Liability for Support Act.
51 (3) (a) At the time that a child support order is established and a specific child support
52 amount is set, the order may not require the payment of support arrears that occurred more than
53 two months prior to the setting of the child support amount.
54 (b) Notwithstanding Subsection (3)(a), the court may order the liability of support to begin
55 to accrue from the date of the proceeding referenced in Subsection (1), if:
56 (i) the parents, parent, or any other person obligated fails to meet with the Office of
57 Recovery Services within 30 days after being informed orally and in writing by the court of that
58 requirement; and
59 (ii) the Office of Recovery Services took reasonable steps under the circumstances to
60 contact the parents, parent, or other person obligated within the subsequent 30-day period to
61 facilitate the establishment of the child support order.
62 (c) For purposes of Subsection (3)(b)(ii), the Office of Recovery Services shall be
63 presumed to have taken reasonable steps if the office:
64 (i) has a signed, returned receipt for a certified letter mailed to the address of the parents,
65 parent, or other obligated person regarding the requirement that a child support order be
66 established; or
67 (ii) spoke, whether by telephone or in person, to the parents, parent, or other obligated
68 person regarding the requirement that a child support order be established.
69 (4) In collecting arrears, the Office of Recovery Services shall comply with Section
70 62A-11-320 in setting a payment schedule or demanding payment in full.
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72 Recovery Services for transmission to the person or agency having legal custody of the minor or
73 to whom compensation is due. The clerk of the court or Office of Recovery Services shall have
74 authority to receive periodic payments for the care and maintenance of the minor, such as Social
75 Security payments or railroad retirement payments made in the name of or for the benefit of the
76 minor.
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78 unless summons has been served within the state, a voluntary appearance is made, or a waiver of
79 service given. The summons shall specify that a hearing with respect to the financial support of
80 the minor will be held.
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82 enforced by contempt proceedings and shall also have the effect of a judgment. Upon request of
83 the court, the county attorney shall enforce orders of the court issued under this section.
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85 (8) An existing child support order payable to a parent or other obligated person shall be
86 assigned to the division as provided in Section 62A-1-117 .
87 (9) If the court vests legal custody of a minor to a nongovernmental agency [
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89 concerning the care and treatment the minor is receiving and his response to such treatment. Such
90 reports shall be made at such intervals as the court may direct and shall be made with respect to
91 each minor at least every six months. The agency shall also afford an opportunity for a
92 representative of the court to visit the minor as frequently as the court considers necessary.
Legislative Review Note
as of 1-26-00 11:55 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.