H.B. 239 Enrolled

SUPPORT FOR CHILDREN IN STATE CUSTODY
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Eli H. Anderson
This act modifies the Juvenile Court Act by clarifying when child support is to be paid to the
state or a third party if the state takes custody of a minor. The act also sets out requirements
to be followed by the parents or obligated person to insure that the support is paid.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
78-3a-906, as last amended by Chapters 161 and 207, Laws of Utah 2000
Be it enacted by the Legislature of the state of Utah:
Section 1. 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] order the parents, a parent, or any other obligated person to pay child support for
each month the child is in custody. In the same proceeding the court shall inform the parents, a
parent, or any other obligated person [who may be obligated], verbally and in writing, of the
requirement [of paying] to pay 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 on the 61st day following the
proceeding].
(2) [The] If legal custody of a minor is vested by the court in a secure youth corrections
facility, or any other state department, division, or agency, the court may refer the establishment
of a child support order to the Office of Recovery Services. The referral shall be sent to the Office
of Recovery Services within three working days of the hearing. 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.]
(3) If Subsection (2) applies, the court shall also inform the parties that they are required to
contact the Office of Recovery Services within 30 days of the date of the hearing to establish a child
support order and the penalty in Subsection (5) for failing to do so. If there is no existing child
support order for the child, the liability for support shall accrue beginning on the 61st day following
the hearing that occurs the first time the court vests custody of the child in a secure youth corrections
facility, or any other state department, division, or agency other than his parents.
(4) If a child is returned home and legal custody is subsequently vested by the court in a
secure youth corrections facility or any other state department, division, or agency other than his
parents, the liability for support shall accrue from the date the minor is subsequently removed from
the home, including time spent in detention or sheltered care.
(5) (a) If the parents, parent, or other obligated person meets with the Office of Recovery
Services within 30 days of the date of the hearing, the child support order may not include a
judgment for past due support for more than two months.
(b) Notwithstanding Subsection [(3)] (5)(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)] (5)(b)(ii), the Office of Recovery Services shall be
presumed to have taken reasonable steps if the office:

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(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)] (6) 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.
[(5)] (7) Unless otherwise ordered, the parents or other person shall pay the child support
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], the Office of Recovery
Services, or the Department of Human Services and its divisions 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.
[(6)] (8) No court order under this section against a parent or other person shall be entered,
unless [summons] notice of hearing has been served within the state, a voluntary appearance is made,
or a waiver of service given. The [summons] notice shall specify that a hearing with respect to the
financial support of the minor will be held.
[(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.]
[(8)] (9) An existing child support order payable to a parent or other obligated person shall
be assigned to the [division] Department of Human Services as provided in Section 62A-1-117 .
[(9) If the court vests legal custody of a minor to a nongovernmental agency, 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.]

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(10) (a) Subsections (2) through (9) shall not apply if legal custody of a minor is vested by
the court in an individual.
(b) If legal custody of a minor is vested by the court in an individual, the court may order
the parents, a parent, or any other obligated person to pay child support to the individual. In the
same proceeding the court shall inform the parents, a parent, or any other obligated person, verbally
and in writing, of the requirement to pay child support in accordance with Title 78, Chapter 45,
Uniform Civil Liability for Support Act.

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