1     
PAYMENTS FOR STATE CARE OF CHILDREN

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Christine F. Watkins

5     
Senate Sponsor: David P. Hinkins

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to child support obligations for a child in state
10     custody.
11     Highlighted Provisions:
12          This bill:
13          ▸     waives a child support obligation for a low-income individual who is receiving
14     certain government assistance and whose child is in state custody; and
15           ▸     makes technical changes.
16     Money Appropriated in this Bill:
17          None
18     Other Special Clauses:
19          None
20     Utah Code Sections Affected:
21     AMENDS:
22          78A-6-1106, as last amended by Laws of Utah 2013, Chapter 416
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 78A-6-1106 is amended to read:
26          78A-6-1106. Child support obligation when custody of a child is vested in an
27     individual or institution.
28          (1) As used in this section:
29          (a) "Office" means the Office of Recovery Services.
30          (b) "State custody" means that a child is in the custody of a state department, division,
31     or agency, including a secure youth corrections facility.
32          (2) Under this section, a court may not issue a child support order against an individual
33     unless:
34          (a) the individual is served with notice that specifies the date and time of a hearing to
35     determine the financial support of a specified child;
36          (b) the individual makes a voluntary appearance; or
37          (c) the individual submits a waiver of service.
38          [(1)] (3) Except as provided in Subsection (11), when [legal custody of a child is
39     vested by the court in a secure youth corrections facility or any other state department, division,
40     or agency other than the child's parents,] a court places a child in state custody or if the
41     guardianship of the child has been granted to another party and an agreement for a guardianship
42     subsidy has been signed by the guardian, the court [shall]:
43          (a) shall order the parents, a parent, or [any] other obligated [person] individual to pay
44     child support for each month the child is in [custody. In the same proceeding the court shall]
45     state custody or cared for under a grant of guardianship; and
46          (b) shall inform the parents, a parent, or [any] other obligated [person] individual,
47     verbally and in writing, of the requirement to pay child support in accordance with Title 78B,
48     Chapter 12, Utah Child Support Act[.]; and
49          (c) may refer the establishment of a child support order to the office.
50          [(2) If legal custody of a child is vested by the court in a secure youth corrections
51     facility, or any other state department, division, or agency, the court may refer the
52     establishment of a child support order to the Office of Recovery Services. The referral shall be
53     sent to the Office of Recovery Services within three working days of the hearing. Support
54     obligation amounts shall be set by the Office of Recovery Services in accordance with Title
55     78B, Chapter 12, Utah Child Support Act.]
56          [(3) If referred to the Office of Recovery Services pursuant to Subsection (2), the court
57     shall also inform the parties that they are required to contact the Office of Recovery Services
58     within 30 days of the date of the hearing to establish a child support order and the penalty in
59     Subsection (5) for failing to do so. If there is no existing child support order for the child, the
60     liability for support shall accrue beginning on the 61st day following the hearing that occurs the
61     first time the court vests custody of the child in a secure youth corrections facility, or any other
62     state department, division, or agency other than the child's parents.]
63          [(4) If a child is returned home and legal custody is subsequently vested by the court in
64     a secure youth corrections facility or any other state department, division, or agency other than
65     the child's parents, the liability for support shall accrue from the date the child is subsequently
66     removed from the home, including time spent in detention or sheltered care.]
67          (4) When a court chooses to refer a case to the office to determine support obligation
68     amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court shall:
69          (a) make the referral within three working days after the day on which the court holds
70     the hearing described in Subsection (2)(a); and
71          (b) inform the parents, a parent, or other obligated individual of:
72          (i) the requirement to contact the office within 30 days after the day on which the court
73     holds the hearing described in Subsection (2)(a); and
74          (ii) the penalty described in Subsection (6) for failure to contact the office.
75          (5) Liability for child support ordered under Subsection (3) shall accrue:
76          (a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
77     the court holds the hearing described in Subsection (2)(a), if there is no existing child support
78     order for the child; or
79          (b) beginning on the day the child is removed from the child's home, including time
80     spent in detention or sheltered care, if the child is removed after having been returned to the
81     child's home from state custody.
82          [(5)] (6) (a) If the parents, a parent, or other obligated [person meets with the Office of
83     Recovery Services] individual contacts the office within 30 days [of the date of the hearing]
84     after the day on which the court holds the hearing described in Subsection (2)(a), the child
85     support order may not include a judgment for past due support for more than two months.
86          (b) Notwithstanding [Subsection (5)(a)] Subsections (5) and (6)(a), the court may order
87     the liability of support to begin to accrue from the date of the proceeding referenced in
88     Subsection [(1)] (3) if:
89          [(i) the parents, parent, or any other person obligated fails to meet with the Office of
90     Recovery Services within 30 days after being informed orally and in writing by the court of that
91     requirement; and]
92          (i) the court informs the parents, a parent, or other obligated individual, as described in
93     Subsection (4)(b), and the parents, a parent, or other obligated individual fails to contact the
94     office within 30 days after the day on which the court holds the hearing described in Subsection
95     (2)(a); and
96          (ii) the [Office of Recovery Services] office took reasonable steps under the
97     circumstances to contact the parents, parent, or other [person obligated within the subsequent
98     30-day period] obligated individual within 30 days after the last day on which the parents, a
99     parent, or other obligated individual was required to contact the office to facilitate the
100     establishment of [the] a child support order.
101          (c) For purposes of Subsection [(5)] (6)(b)(ii), the [Office of Recovery Services shall
102     be] office is presumed to have taken reasonable steps if the office:
103          (i) has a signed, returned receipt for a certified letter mailed to the address of the
104     parents, a parent, or other obligated [person] individual regarding the requirement that a child
105     support order be established; or
106          (ii) has had a documented conversation, whether by telephone or in person, with the
107     parents, parent, or other obligated [person] individual regarding the requirement that a child
108     support order be established.
109          [(6)] (7) In collecting arrears, the [Office of Recovery Services] office shall comply
110     with Section 62A-11-320 in setting a payment schedule or demanding payment in full.
111          [(7)] (8) Unless [otherwise ordered] a court orders otherwise, the parents, a parent, or
112     other [person] obligated individual shall pay the child support to the [Office of Recovery
113     Services] office. The clerk of the court, the [Office of Recovery Services] office, or the
114     Department of Human Services and its divisions shall have authority to receive periodic
115     payments for the care and maintenance of the child, such as Social Security payments or
116     railroad retirement payments made in the name of or for the benefit of the child.
117          [(8) No court order under this section against a parent or other person shall be entered,
118     unless notice of hearing has been served within the state, a voluntary appearance is made, or a
119     waiver of service given. The notice shall specify that a hearing with respect to the financial
120     support of the child will be held.]
121          (9) An existing child support order payable to a parent or other [obligated person]
122     individual shall be assigned to the Department of Human Services as provided in Section
123     62A-1-117.
124          (10) (a) Subsections [(3)] (4) through (9) [shall] do not apply if legal custody of a child
125     is vested by the court in an individual.
126          (b) If legal custody of a child is vested by the court in an individual, the court may
127     order the parents, a parent, or [any] other obligated [person] individual to pay child support to
128     the individual in whom custody is vested. In the same proceeding, the court shall inform the
129     parents, a parent, or [any] other obligated [person] individual, verbally and in writing, of the
130     requirement to pay child support in accordance with Title 78B, Chapter 12, Utah Child Support
131     Act.
132          (11) [(a)] The court may not order [the parent or any other obligated person] an
133     individual to pay child support for a child in state custody if:
134          [(i)] (a) the [parent or other obligated person's] individual's only form of income is a
135     government-issued disability benefit; [and]
136          [(ii)] (b) the benefit described in Subsection (11)(a)[(i)] is issued because of the [parent
137     or other person's] individual's disability, and not the child's disability[.]; and
138          [(b) If a person seeks to be excused from providing support under Subsection (11)(a),
139     the person shall provide the court and the Office of Recovery Services with evidence that the
140     person meets the requirements of Subsection (11)(a).]
141          (c) the individual provides the court and the office evidence that the individual meets
142     the requirements of Subsections (11)(a) and (b).
143          (12) After the court or the office establishes an individual's child support obligation
144     ordered under Subsection (3), the office shall waive the obligation without further order of the
145     court if:
146          (a) the individual's child support obligation is established under Subsection
147     78B-12-205(6) or Section 78B-12-302; or
148          (b) the individual's only source of income is a means-tested, income replacement
149     payment of aid, including:
150          (i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
151     Program; or
152          (ii) cash benefits received under General Assistance, social security income, or social
153     security disability income.