Bill Summary – FastDemocracy

LEGISLATIVE GENERAL COUNSEL                                            H.B. 129
Approved for Filing: G. Gunn 6                                1st Sub. (Buff)
          6 01-22-24 1:52 PM 6
                 Representative Christine F. Watkins proposes the following substitute bill:
                           CHILD SUPPORT REQUIREMENTS
                                      2024 GENERAL SESSION
                                          STATE OF UTAH
                            Chief Sponsor: Christine F. Watkins
                                Senate Sponsor: ____________
 6
 LONG TITLE
 General Description:
        This bill amends provisions related to child support obligations for a child in the
 custody of the Division of Child and Family Services.
 Highlighted Provisions:
        This bill:
        < provides that a parent or other obligated individual is not responsible for child
 support for a child who is in the custody of the Division of Child and Family
 Services; and
        < makes technical and conforming changes.
 Money Appropriated in this Bill:
        None
 Other Special Clauses:
        None                                                                                  1st Sub. H.B. 129
 Utah Code Sections Affected:
 AMENDS:
        78A-6-356, as last amended by Laws of Utah 2023, Chapter 330
        80-2-301, as last amended by Laws of Utah 2023, Chapter 280
        80-2-303, as renumbered and amended by Laws of Utah 2022, Chapter 334
     *HB0129S01*
       1st Sub. (Buff) H.B. 129                                                   01-22-24 1:52 PM
 REPEALS:
        80-6-803, as renumbered and amended by Laws of Utah 2021, Chapter 261
28
 Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 78A-6-356 is amended to read:
        78A-6-356. 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 secure care.
        (2) Under this section, a juvenile 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.
        (3) Except as provided in Subsection (11), [when a juvenile 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 juvenile court:
        (a) shall order the child's parent, guardian, or other obligated individual to pay child
 support for each month the child is in state custody or cared for under a grant of guardianship;
        (b) shall inform the child's parent, guardian, or other obligated 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.
        (4) When a juvenile 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
 juvenile court shall:
        (a) make the referral within three working days after the day on which the juvenile
 court holds the hearing described in Subsection (2)(a); and
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           (b) inform the child's parent, guardian, or other obligated individual of:
           (i) the requirement to contact the office within 30 days after the day on which the
 juvenile 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 juvenile 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.
           (6) (a) If the child's parent, guardian, or other obligated individual contacts the office
 within 30 days 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 Subsections (5) and (6)(a), the juvenile court may order the
 liability of support to begin to accrue from the date of the proceeding referenced in Subsection
 (3) if:
           (i) the court informs the child's parent, guardian, or other obligated individual, as
 described in Subsection (4)(b), and the parent, guardian, 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 took reasonable steps under the circumstances to contact the child's
 parent, guardian, or other obligated individual within 30 days after the last day on which the
 parent, guardian, or other obligated individual was required to contact the office to facilitate the
 establishment of a child support order.
           (c) For purposes of Subsection (6)(b)(ii), the 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 child's
 parent, guardian, or other obligated individual regarding the requirement that a child support
 order be established; or
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        1st Sub. (Buff) H.B. 129                                                     01-22-24 1:52 PM
         (ii) has had a documented conversation, whether by telephone or in person, with the
 child's parent, guardian, or other obligated individual regarding the requirement that a child
 support order be established.
         (7) In collecting arrears, the office shall comply with Section 26B-9-219 in setting a
 payment schedule or demanding payment in full.
         (8) (a) Unless a court orders otherwise, the child's parent, guardian, or other obligated
 individual shall pay the child support to the office.
         (b) The clerk of the juvenile court, the office, or the department and the department's
 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.
         (9) An existing child support order payable to a parent or other individual shall be
 assigned to the department as provided in Section 26B-9-111.
         (10) (a) Subsections (4) through (9) do not apply if legal custody of a child is vested by
 the juvenile court in an individual.
         (b) (i) If legal custody of a child is vested by the juvenile court in an individual, the
 court may order the child's parent, guardian, or other obligated individual to pay child support
 to the individual in whom custody is vested.
         (ii) In the same proceeding, the juvenile court shall inform the child's parent, guardian,
 or other obligated individual, verbally and in writing, of the requirement to pay child support in
 accordance with Title 78B, Chapter 12, Utah Child Support Act.
         (11) The juvenile court may not order an individual to pay child support for a child in
 state custody if:
         (a) the individual's only form of income is a government-issued disability benefit;
         (b) the benefit described in Subsection (11)(a) is issued because of the individual's
 disability, and not the child's disability; and
         (c) the individual provides the juvenile court and the office evidence that the individual
 meets the requirements of Subsections (11)(a) and (b).
         (12) [(a)] The child's parent or another obligated individual is not responsible for child
 support for the period of time that the child is removed from the child's home by the Division
 of Child and Family Services [if:].
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        01-22-24 1:52 PM                                                      1st Sub. (Buff) H.B. 129
         [(i) the juvenile court finds that there were insufficient grounds for the removal of the
 child; and]
         [(ii) the child is returned to the home of the child's parent or guardian based on the
 finding described in Subsection (12)(a)(i).]
         [(b) If the juvenile court finds insufficient grounds for the removal of the child under
 Subsection (12)(a), but that the child is to remain in state custody, the juvenile court shall order
 that the child's parent or another obligated individual is responsible for child support beginning
 on the day on which it became improper to return the child to the home of the child's parent or
 guardian.]
         (13) After the juvenile 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 juvenile court if:
         (a) the individual's child support obligation is established under the low income table
 in Section 78B-12-302 or 78B-12-304; 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.
         Section 2. Section 80-2-301 is amended to read:
         80-2-301. Division responsibilities.
         (1) The division is the child, youth, and family services authority of the state.
         (2) The division shall:
         (a) administer services to minors and families, including:
         (i) child welfare services;
         (ii) domestic violence services; and
         (iii) all other responsibilities that the Legislature or the executive director of the
 department may assign to the division;
         (b) provide the following services:
         (i) financial and other assistance to an individual adopting a child with special needs
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        1st Sub. (Buff) H.B. 129                                                    01-22-24 1:52 PM
 under Sections 80-2-806 through 80-2-809, not to exceed the amount the division would
 provide for the child as a legal ward of the state;
         (ii) non-custodial and in-home services in accordance with Section 80-2-306,
 including:
         (A) services designed to prevent family break-up; and
         (B) family preservation services;
         (iii) reunification services to families whose children are in substitute care in
 accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and
 Chapter 3, Abuse, Neglect, and Dependency Proceedings;
         (iv) protective supervision of a family, upon court order, in an effort to eliminate abuse
 or neglect of a child in that family;
         (v) shelter care in accordance with this chapter, Chapter 2a, Removal and Protective
 Custody of a Child, and Chapter 3, Abuse, Neglect, and Dependency Proceedings;
         (vi) domestic violence services, in accordance with the requirements of federal law;
         (vii) protective services to victims of domestic violence and the victims' children, in
 accordance with this chapter, Chapter 2a, Removal and Protective Custody of a Child, and
 Chapter 3, Abuse, Neglect, and Dependency Proceedings;
         (viii) substitute care for dependent, abused, and neglected children;
         (ix) services for minors who are victims of human trafficking or human smuggling, as
 described in Sections 76-5-308 through 76-5-310.1, or who have engaged in prostitution or
 sexual solicitation, as defined in Sections 76-10-1302 and 76-10-1313; and
         (x) training for staff and providers involved in the administration and delivery of
 services offered by the division in accordance with this chapter and Chapter 2a, Removal and
 Protective Custody of a Child;
         (c) establish standards for all:
         (i) contract providers of out-of-home care for minors and families;
         (ii) facilities that provide substitute care for dependent, abused, or neglected children
 placed in the custody of the division; and
         (iii) direct or contract providers of domestic violence services described in Subsection
 (2)(b)(vi);
         (d) have authority to:
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        01-22-24 1:52 PM                                                     1st Sub. (Buff) H.B. 129
         (i) contract with a private, nonprofit organization to recruit and train foster care
 families and child welfare volunteers in accordance with Section 80-2-405; and
         (ii) approve facilities that meet the standards established under Subsection (2)(c) to
 provide substitute care for dependent, abused, or neglected children placed in the custody of the
 division;
         (e) cooperate with the federal government in the administration of child welfare and
 domestic violence programs and other human service activities assigned by the department;
         (f) in accordance with Subsection (5)(a), promote and enforce state and federal laws
 enacted for the protection of abused, neglected, or dependent children, in accordance with this
 chapter and Chapter 2a, Removal and Protective Custody of a Child, unless administration is
 expressly vested in another division or department of the state;
         (g) cooperate with the Workforce Development Division within the Department of
 Workforce Services in meeting the social and economic needs of an individual who is eligible
 for public assistance;
         (h) compile relevant information, statistics, and reports on child and family service
 matters in the state;
         (i) prepare and submit to the department, the governor, and the Legislature reports of
 the operation and administration of the division in accordance with the requirements of
 Sections 80-2-1102 and 80-2-1103;
         (j) within appropriations from the Legislature, provide or contract for a variety of
 domestic violence services and treatment methods;
         (k) enter into contracts for programs designed to reduce the occurrence or recurrence of
 abuse and neglect in accordance with Section 80-2-503;
         [(l) seek reimbursement of funds the division expends on behalf of a child in the
 protective custody, temporary custody, or custody of the division, from the child's parent or
 guardian in accordance with an order for child support under Section 78A-6-356;]
         [(m)] (l) ensure regular, periodic publication, including electronic publication,
 regarding the number of children in the custody of the division who:
         (i) have a permanency goal of adoption; or
         (ii) have a final plan of termination of parental rights, under Section 80-3-409, and
 promote adoption of the children;
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        1st Sub. (Buff) H.B. 129                                                   01-22-24 1:52 PM
         [(n)] (m) subject to Subsections (5) and (7), refer an individual receiving services from
 the division to the local substance abuse authority or other private or public resource for a
 court-ordered drug screening test;
         [(o)] (n) report before November 30, 2020, and every third year thereafter, to the Social
 Services Appropriations Subcommittee regarding:
         (i) the daily reimbursement rate that is provided to licensed foster parents based on
 level of care;
         (ii) the amount of money spent on daily reimbursements for licensed foster parents
 during the previous fiscal year; and
         (iii) any recommended changes to the division's budget to support the daily
 reimbursement rates described in Subsection [(2)(o)(i)] (2)(n)(i); and
         [(p)] (o) perform other duties and functions required by law.
         (3) (a) The division may provide, directly or through contract, services that include the
 following:
         (i) adoptions;
         (ii) day-care services;
         (iii) out-of-home placements for minors;
         (iv) health-related services;
         (v) homemaking services;
         (vi) home management services;
         (vii) protective services for minors;
         (viii) transportation services; or
         (ix) domestic violence services.
         (b) The division shall monitor services provided directly by the division or th