CASE MANAGEMENT

CS 1085P CIC Adoption Assistance

9/99 Revised 06/01/18  Training Completed 07/07/10

Rule R512-43, R495-879, U.C.A. 62A-4a-106, 62A-4a-904, 78B-12-106, 207,  78A-6-1106

 

NOTE:  CIC-specific procedures contained in this section.

 

 

Statutory Authority

 

Rule R495-879-8 states:

ORS will establish and enforce child support obligations for parents who are currently receiving adoption assistance or who have received adoption assistance from this state or any other state or jurisdiction, for children who are in the custody of the state, in accordance with Sections 78A-6-1106, 78B-12-106, R495-879-2 and R495-883-3. If an order for support does not currently exist, the department will establish a monthly child support obligation prospectively on existing cases. When establishing a child support obligation, ORS will not include the adoption assistance amount paid to the family in determining the family's income, pursuant to Section 78B-12-207.”

 

 

Definition

 

U.C.A. 62A-4a-902, (1) (a) defines adoption assistance as:

"`Adoption assistance’ means direct financial subsidies and support to adoptive parents of a child with special needs or whose need or condition has created a barrier that would prevent a successful adoption.”

 

 

Guidelines for Adoption Assistance

 

Use the following guide when determining child support for the parents of a child who is receiving or who has received adoption assistance, and whose child has been placed in 24-hour care.

 

1.                   Existing Cases on ORSIS:  According to R495-879-8,

“If an order for support does not currently exist, the department will establish a monthly child support obligation prospectively on existing cases.” 

 

Assess child support from this point forward on all previously closed or open subsidized adoption cases.  For example, if the Notice of Agency Action is generated on June 14, charge child support beginning June 1. 

 

Do not offer the 60-day credit on existing cases.  U.C.A. 78-3a-1106 states

“(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 . . .”

 

2.            New Cases:  Include arrears time frames and offer the 60-day credit on all cases opened after August 1, 2003.  

 

 

Assessment of Child Support

 

According to U.C.A. 78B-12-207:

“Only income of the natural or adoptive parents of the child may be used to determine the award under these guidelines.” 

 

Rule 495-879 states:

“When establishing a support obligation, ORS will not include the adoption assistance amount paid to the family in determining the family’s income, pursuant to 78-45-7.4.”

 

1.            No Existing Support Order:  If there is no existing support order, establish an administrative order.  Refer to the CIC Establish Order sections of CIC Volume 2 for instructions to establish an order.

               

2.            Existing Support Orders: If the adoptive parents have an existing support order (i.e. divorce decree or administrative order), collect any child support that is ordered. 

 

NOTE:  If the case already exits on ORSIS, support must be charged from this point forward.

 

NOTE:  Out of State Subsidy:  If the other state’s policy specifies that the monthly subsidy be used toward the support of the child in care, assess the parent’s child support based only on their income without including the subsidy amount. 

 

 

Hearing process for Adoption Assistance Cases

 

If the respondent(s) disagrees with the adjudicative proceedings and submits the hearing request, send the request directly to the Office of Administrative Hearings Office (OAH).  Families and representatives from the custodial agency may present evidence, which may result in a deviation/rebuttal of the child support guidelines when establishing a child support amount.   

 

 

Good Cause Deferral/Waiver

 

After ORS establishes a monthly support obligation, the respondent(s) may request the Good Cause Deferral/Waiver.  The Good Cause Deferrals or Waiver requests are initiated by workers with the custodial agency, not by ORS/CIC workers.