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H.B. 100
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CHILD SUPPORT FOR CHILDREN IN STATE
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CUSTODY
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Eli H. Anderson
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AN ACT RELATING TO HUMAN SERVICES; DELAYING THE ACCRUAL OF CHILD
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SUPPORT FOR A CHILD IN STATE CUSTODY; REQUIRING THE JUVENILE COURT TO
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INFORM PARENTS OF CHILD SUPPORT; LIMITING THE AMOUNT OF ARREARS THAT
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MAY BE INITIALLY ASSESSED IF PARENTS COOPERATE IN ESTABLISHING CHILD
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SUPPORT; AND MAKING TECHNICAL AND CONFORMING AMENDMENTS.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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62A-4a-114, as last amended by Chapter 1, Laws of Utah 1996
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78-3a-906, as enacted by Chapter 1, Laws of Utah 1996
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
62A-4a-114
is amended to read:
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62A-4a-114. Financial reimbursement by parent or legal guardian.
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(1) The division shall seek reimbursement of funds it has expended on behalf of a child
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in the protective custody, temporary custody, or custody of the division, from the child's parents
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or legal guardians in accordance with [a court] an order for child support under Section
78-3a-906
.
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(2) The parent or legal guardian [of a dependent child is financially responsible for
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services provided to the child by the division] is only responsible for child support with regard to
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a case involving allegations of abuse or neglect against the parent or legal guardian [only], if those
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allegations are substantiated. [Costs shall be assessed from the date the allegations are
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substantiated.]
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[(3) Except as provided in Subsection (2), the division may seek reimbursement for
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services it has provided to any minor from his parent or legal guardian.]
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[(4)] (3) The attorney general shall represent the division in any legal action taken to
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enforce this section.
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Section 2.
Section
78-3a-906
is amended to read:
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78-3a-906. Support and expenses of minor in custody of individual or institution --
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Order for payment by parent or other person authorized -- Payments to nongovernmental
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agency vested with legal custody.
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(1) When legal custody of a minor is vested by the court in an individual, a secure youth
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corrections facility, or any other state department, division, or agency other than his parents, the
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court shall, in the same [or any subsequent] proceeding [require] inform the parents, a parent, or
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any other person who may be obligated, [to support the minor and to pay any other expenses of the
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minor, including the expense of any medical, psychiatric, or psychological examination or
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treatment provided under order of the court. The] verbally and in writing, of the requirement of
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paying child support in accordance with Title 78, Chapter 45, Uniform Civil Liability for Support
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Act, and, if Subsection (2) applies, the requirement of meeting with the Office of Recovery
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Services within 30 days to establish a child support order and the penalty in Subsection (4) for
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failing to do so. If there is no existing child support in favor of the state for the minor, the liability
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for support shall accrue beginning [with the date the minor is removed from the home, including
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the time spent in detention or sheltered care] on the 61st day following the proceeding.
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(2) The court may refer the [determination of that matter] establishment of a child support
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order to the Office of Recovery Services [for administrative adjudication]. The referral shall be
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sent to the Office of Recovery Services within three working days. Support obligation amounts
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shall be set by the Office of Recovery Services in accordance with Title 78, Chapter 45, Uniform
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Civil Liability for Support Act.
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(3) (a) At the time that a child support order is established and a specific child support
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amount is set, the order may not require the payment of support arrears that occurred more than
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two months prior to the setting of the child support amount.
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(b) Notwithstanding Subsection (3)(a), the court may order the liability of support to begin
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to accrue from the date of the proceeding referenced in Subsection (1), if:
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(i) the parents, parent, or any other person obligated fails to meet with the Office of
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Recovery Services within 30 days after being informed orally and in writing by the court of that
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requirement; and
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(ii) the Office of Recovery Services took reasonable steps under the circumstances to
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contact the parents, parent, or other person obligated within the subsequent 30-day period to
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facilitate the establishment of the child support order.
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(c) For purposes of Subsection (3)(b)(ii), the Office of Recovery Services shall be
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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,
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parent, or other obligated person regarding the requirement that a child support order be
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established; or
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(ii) spoke, whether by telephone or in person, to the parents, parent, or other obligated
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person regarding the requirement that a child support order be established.
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(4) In collecting arrears, the Office of Recovery Services shall comply with Section
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62A-11-320
in setting a payment schedule or demanding payment in full.
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[(3)] (5) Unless otherwise ordered, the parents or other person shall pay to the Office of
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Recovery Services for transmission to the person or agency having legal custody of the minor or
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to whom compensation is due. The clerk of the court or Office of Recovery Services shall have
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authority to receive periodic payments for the care and maintenance of the minor, such as Social
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Security payments or railroad retirement payments made in the name of or for the benefit of the
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minor.
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[(4)] (6) No court order under this section against a parent or other person shall be entered,
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unless summons has been served within the state, a voluntary appearance is made, or a waiver of
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service given. The summons shall specify that a hearing with respect to the financial support of
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the minor will be held.
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[(5)] (7) An order entered under this section against a parent or other person may be
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enforced by contempt proceedings and shall also have the effect of a judgment. Upon request of
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the court, the county attorney shall enforce orders of the court issued under this section.
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[(6) Payment for child support may be made]
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(8) An existing child support order payable to a parent or other obligated person shall be
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assigned to the division as provided in Section
62A-1-117
.
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(9) If the court vests legal custody of a minor to a nongovernmental agency [in whom the
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court vests legal custody, provided that], the agency shall make periodic reports to the court
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concerning the care and treatment the minor is receiving and his response to such treatment. Such
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reports shall be made at such intervals as the court may direct and shall be made with respect to
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each minor at least every six months. The agency shall also afford an opportunity for a
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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.