Utah Administrative Code
Topic - Human Services
Title R527 - Recovery Services
Rule R527-221 - Children in Care Support Services
Section R527-221-4 - Child Support Services During Trial Placements or Temporary Lapses in State Custody

Universal Citation: UT Admin Code R 527-221-4

Current through Bulletin 2024-18, September 15, 2024

(1) Pursuant to Section 78A-6-356, ORS may continue to collect child support based on an administrative order issued when the child is initially placed in custody if:

(a) the child returns home; and

(b) the child is subsequently returned to state custody. (2)(a) Pursuant to Section 26B-9-104, ORS may not provide child support services on behalf of the Division of Child and Family Services when a child in custody returns to the home of a custodial parent for more than seven consecutive days.

(b)
(i) The more than seven consecutive days at the home of a custodial parent may start during one month and end in the next month.

(ii) If the more than seven consecutive days span over more than one calendar month, ORS may not provide child support services for any of the affected months.

(c) ORS will retroactively adjust the child support debt to remove the child support amount due for each calendar month affected by the more than seven consecutive days stay and child support services to collect any child support due for the affected calendar months may not be provided.

(d) ORS cannot make adjustments to a child support case under Subsection (2)(c) until information verifying the date, duration and location of the more than seven consecutive days stay is received from the Division of Child and Family Services.

(e) ORS may complete the adjustment to the child support debt within ten business days of receiving the necessary verification from the Division of Child and Family Services.

(f)
(i) If ORS has collected the child support amount from the custodial parent before ORS receives the necessary verification from the Division of Child and Family Services, ORS will first apply the amount collected to other debts owed to the state for times that the child has been in the care or custody of the state.

(ii) If no other child in care debts exists, ORS will refund the amount to the custodial parent.

(g) If the seven consecutive days stay under this section becomes a permanent placement in the custodial parent's home according to information received from the Division of Child and Family Services, ORS will provide continuing child support services, if appropriate, as of the date of the permanent placement pursuant to 45 CFR 302.33(a)(4).

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