CS 008P Protocol for Working with the Attorney Generalís Office

New 05/03



The Office of Recovery Services/Child Support Services (ORS/CSS) is assisted by attorneys from the Utah Attorney Generalís Office (AGO) when needed to establish parentage or to establish, set the amount of, modify, or enforce child support obligations on CSS cases.The Child Support Division of the AGO assists with civil cases and the Childrenís Justice Division handles criminal cases.The assistant AGs who work these cases are the Stateís attorneys on legal matters.They represent the State and are not personal attorneys for either parent.


CSS teams refer appropriate cases to the AGO for legal action based on established criteria and guidelines.Refer to the policies below for specific referral criteria and procedures:


         CS 326P Establishment of Paternity, Referral to Attorney for Summons and Complaint


         CS 354P Establish Order, Referral to the Attorney Generalís Office


         CS 450P Review and Adjustment, Child Support Awards


         CS 451P Review and Adjustment to Include Medical Support Only


         CS 826P Enforcement, Referral to the Attorney Generalís Office


         CS 844P Enforcement, Criminal Non-Support



Attorneys with the AGO are also available for consultation on judicial matters related to CSS cases and in conjunction with current CSS policies and procedures.If after consulting with your AG a question is raised about whether an existing CSS Volume 2 policy, administrative legal form, administrative rule, or office directive is incorrect or inconsistent with current law, take the steps listed below.


1.                   Immediately transmit the question up the CSS management chain of responsibility for research and analysis.In addition, if the question arises as a result of discussions with an Assistant AG in a local office, request the Assistant AG to transmit the question up the AGO management chain of responsibility for further research and analysis.


2.                   If it becomes necessary to suspend an existing Volume 2 procedure, administrative legal form or process, or other policy directive during the research and analysis phase, CSS will instruct you to do so.Otherwise, do not suspend an existing Volume 2 or other procedure.


3.                  After thorough research and analysis involving all appropriate parties, a decision will be reached.The question and final decision will then be communicated to all child support staff statewide by CSS, and to all AG staff by the AGO.Some questions and answers will be disseminated to CSS staff and AGO staff in monthly CSS Question & Answer memos.Changes or clarifications will be made to CSS Volume 2 policy if needed.