Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 112 First Substitute (2018GS)

Sponsor

Rep. Watkins, C.

Final action

Governor Signed 3/15/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• waives a child support obligation for a low-income individual who is receiving certain government assistance and whose child is in state custody; and
• makes technical changes.

Every vote on this bill

Bill text

PAYMENTS FOR STATE CARE OF CHILDREN
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Christine F. Watkins
Senate Sponsor: 
David P. Hinkins
LONG TITLE
General Description:
This bill amends provisions relating to child support obligations for a child in state
custody.
Highlighted Provisions:
This bill:
▸ waives a child support obligation for a low-income individual who is receiving
certain government assistance and whose child is in state custody; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
78A-6-1106
, as last amended by Laws of Utah 2013, Chapter 416
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
78A-6-1106
 is amended to read:
78A-6-1106.
Child support obligation when custody of a child is vested in an
individual or institution.
(1) As used in this section:
(a) "Office" means the Office of Recovery Services.
(b) "State custody" means that a child is in the custody of a state department, division,
or agency, including a secure youth corrections facility.
(2) Under this section, a court may not issue a child support order against an individual
unless:
(a) the individual is served with notice that specifies the date and time of a hearing to
determine the financial support of a specified child;
(b) the individual makes a voluntary appearance; or
(c) the individual submits a waiver of service.
[
(1)
] 
(3)
 Except as provided in Subsection (11), when [
legal custody of a child is
vested by the court in a secure youth corrections facility or any other state department, division,
or agency other than the child's parents,
] 
a court places a child in state custody
 or if the
guardianship of the child has been granted to another party and an agreement for a guardianship
subsidy has been signed by the guardian, the court [
shall
]
:
(a) shall
 order the parents, a parent, or [
any
] other obligated [
person
] 
individual
 to pay
child support for each month the child is in [
custody. In the same proceeding the court shall
]
state custody or cared for under a grant of guardianship; and
(b) shall
 inform the parents, a parent, or [
any
] other obligated [
person
] 
individual
,
verbally and in writing, of the requirement to pay child support in accordance with Title 78B,
Chapter 12, Utah Child Support Act[
.
]
; and
(c) may refer the establishment of a child support order to the office.
[
(2) If legal custody of a child 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
78B, Chapter 12, Utah Child Support Act.
]
[
(3) If referred to the Office of Recovery Services pursuant to Subsection (2), 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 the child's 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
the child's parents, the liability for support shall accrue from the date the child is subsequently
removed from the home, including time spent in detention or sheltered care.
]
(4) When a court chooses to refer a case to the office to determine support obligation
amounts in accordance with Title 78B, Chapter 12, Utah Child Support Act, the court shall:
(a) make the referral within three working days after the day on which the court holds
the hearing described in Subsection (2)(a); and
(b) inform the parents, a parent, or other obligated individual of:
(i) the requirement to contact the office within 30 days after the day on which the court
holds the hearing described in Subsection (2)(a); and
(ii) the penalty described in Subsection (6) for failure to contact the office.
(5) Liability for child support ordered under Subsection (3) shall accrue:
(a) except as provided in Subsection (5)(b), beginning on day 61 after the day on which
the court holds the hearing described in Subsection (2)(a), if there is no existing child support
order for the child; or
(b) beginning on the day the child is removed from the child's home, including time
spent in detention or sheltered care, if the child is removed after having been returned to the
child's home from state custody.
[
(5)
] 
(6)
 (a) If the parents, 
a
 parent, or other obligated [
person meets with the Office of
Recovery Services
] 
individual contacts the office
 within 30 days [
of the date of the hearing
]
after the day on which the court holds the hearing described in Subsection (2)(a)
, the child
support order may not include a judgment for past due support for more than two months.
(b) Notwithstanding [
Subsection (5)(a)
] 
Subsections (5) and (6)(a)
, the court may order
the liability of support to begin to accrue from the date of the proceeding referenced in
Subsection [
(1)
] 
(3)
 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
]
(i) the court informs the parents, a parent, or other obligated individual, as described in
Subsection (4)(b), and the parents, a parent, or other obligated individual fails to contact the
office within 30 days after the day on which the court holds the hearing described in Subsection
(2)(a); and
(ii) the [
Office of Recovery Services
] 
office
 took reasonable steps under the
circumstances to contact the parents, parent, or other [
person obligated within the subsequent
30-day period
] 
obligated individual within 30 days after the last day on which the parents, a
parent, or other obligated individual was required to contact the office
 to facilitate the
establishment of [
the
] 
a
 child support order.
(c) For purposes of Subsection [
(5)
] 
(6)
(b)(ii), the [
Office of Recovery Services shall
be
] 
office is
 presumed to have taken reasonable steps if the office:
(i) has a signed, returned receipt for a certified letter mailed to the address of the
parents, 
a
 parent, or other obligated [
person
] 
individual
 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
] 
individual
 regarding the requirement that a child
support order be established.
[
(6)
] 
(7)
 In collecting arrears, the [
Office of Recovery Services
] 
office
 shall comply
with Section 
62A-11-320
 in setting a payment schedule or demanding payment in full.
[
(7)
] 
(8)
 Unless [
otherwise ordered
] 
a court orders otherwise
, the parents
, a parent,
 or
other [
person
] 
obligated individual
 shall pay the child support to the [
Office of Recovery
Services
] 
office
. The clerk of the court, the [
Office of Recovery Services
] 
office
, or the
Department of Human Services and its divisions shall have authority to receive periodic
payments for the care and maintenance of the child, such as Social Security payments or
railroad retirement payments made in the name of or for the benefit of the child.
[
(8) No court order under this section against a parent or other person shall be entered,
unless notice of hearing has been served within the state, a voluntary appearance is made, or a
waiver of service given. The notice shall specify that a hearing with respect to the financial
support of the child will be held.
]
(9) An existing child support order payable to a parent or other [
obligated person
]
individual
 shall be assigned to the Department of Human Services as provided in Section
62A-1-117
.
(10) (a) Subsections [
(3)
] 
(4)
 through (9) [
shall
] 
do
 not apply if legal custody of a child
is vested by the court in an individual.
(b) If legal custody of a child is vested by the court in an individual, the court may
order the parents, a parent, or [
any
] other obligated [
person
] 
individual
 to pay child support to
the individual 
in whom custody is vested
. In the same proceeding
,
 the court shall inform the
parents, a parent, or [
any
] other obligated [
person
] 
individual
, verbally and in writing, of the
requirement to pay child support in accordance with Title 78B, Chapter 12, Utah Child Support
Act.
(11) [
(a)
] The court may not order [
the parent or any other obligated person
] 
an
individual
 to pay child support for a child in state custody if:
[
(i)
] 
(a)
 the [
parent or other obligated person's
] 
individual's
 only form of income is a
government-issued disability benefit; [
and
]
[
(ii)
] 
(b)
 the benefit described in Subsection (11)(a)[
(i)
] is issued because of the [
parent
or other person's
] 
individual's
 disability, and not the child's disability[
.
]
; and
[
(b) If a person seeks to be excused from providing support under Subsection (11)(a),
the person shall provide the court and the Office of Recovery Services with evidence that the
person meets the requirements of Subsection (11)(a).
]
(c) the individual provides the court and the office evidence that the individual meets
the requirements of Subsections (11)(a) and (b).
(12) After the court or the office establishes an individual's child support obligation
ordered under Subsection (3), the office shall waive the obligation without further order of the
court if:
(a) the individual's child support obligation is established under Subsection
78B-12-205
(6) or Section 
78B-12-302
; or
(b) the individual's only source of income is a means-tested, income replacement
payment of aid, including:
(i) cash assistance provided under Title 35A, Chapter 3, Part 3, Family Employment
Program; or
(ii) cash benefits received under General Assistance, social security income, or social
security disability income.