CASE MANAGEMENT

CS 1087P CIC Guardianship Placement

03/05 Revised 06/01/18 Training Completed 08/01/08

U.C.A. 78B-12-108, 78A-6-1106

 

NOTE:  CIC-specific procedures contained in this section.

 

 

Statutory Authority

 

Utah Code Annotated (U.C.A.) 78A-6-1106 Child support obligation when custody of a child is vested in an individual or institution:

“(3) Except as provided in Subsection (11), when 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:

(a) shall order the parents, a parent, 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; and

(b) shall inform the parents, a parent, 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.”  (Emphasis added)

 

U.C.A. 78B-12-108 Support follows the child:

“(1) Obligations ordered for child support and medical expenses are for the use and benefit of the child and shall follow the child.

(2) Except in cases of joint physical custody and split custody as defined in Section 78B-12-102, when physical custody changes from that assumed in the original order, the parent without physical custody of a child shall be required to pay the amount of support determined in accordance with Sections 78B-12-205 and 78B-12-212, without the need to modify the order for:

(a) the parent who has physical custody of the child;

(b) a relative to whom physical custody of the child has been voluntarily given; or

(c) the state when the child is residing outside of the home in the protective custody, temporary custody, or custody or care of the state or a state-licensed facility for at least 30 days.”  (Emphasis added)

 

 

Introduction

 

The Office of Recovery Services/Children in Care (ORS/CIC) will charge support when a child is in a guardianship placement.  U.C.A. 78A-6-1106 states that the court shall order support for a child “if guardianship of the child has been granted to another party and an agreement for a guardianship subsidy has been signed by the guardian”.  Although recent juvenile court orders most likely include a provision for a support obligation to be paid when a child is placed with an “individual” (e.g., guardian), many “older” juvenile court orders will not include this provision.  In addition, juvenile court jurisdiction may terminate after the child is placed in a guardianship placement, leaving the district court with jurisdiction over the child.  If the juvenile court order does not include a provision for support to be paid when the child is placed with an individual and/or jurisdiction changes, the hearing procedures will be different from ORS/CIC procedures.

 

 

Guardianship Procedures – Juvenile Court Order Requires Support Obligation for Guardianship Placement

 

Refer to the procedures below when the juvenile court order requires support to be paid when the child is placed with an “individual” (e.g., guardian).

 

1.                   Determine if there is an existing support order.

a.                   No Existing Support Order:  Attempt to establish an administrative order using establish order procedures.  If the respondent(s) requests a hearing, refer to number 2 below.

b.                  Existing Support Order:  Determine if the case meets the review criteria.

 

NOTE:  Orders issued from January 2001 through March 2002 require support to be paid only while the child(ren) is placed in a state custodial placement.  When the existing order includes this provision, and the child is in a guardianship placement, a new order must be issued to include a provision for support to be paid while the child is placed with an individual other than the parents.

i.                     Does Not Meet Criteria:  Continue to enforce on existing support order.

ii.                   Meets Criteria:  Attempt to establish an administrative order using the establish order procedures in Volume 2.  If the respondent(s) requests a hearing, refer to number 2 below.

 

2.                   Respondent or ORS/CIC Requests a Hearing:  Determine if the juvenile court still has jurisdiction over the child(ren).

a.                   Juvenile Court Maintains Jurisdiction:  Utilize the administrative hearing process to establish an order. 

b.                  Juvenile Court Jurisdiction Terminated:  Send the case to the Attorney General’s Office (AGO) to request a hearing in district court.

 

 

Guardianship Procedures – Juvenile Court Order Does NOT Require Support Obligation for Guardianship Placement

 

Refer to the procedures below when the juvenile court order does NOT require support to be paid when the child is placed with an “individual” (e.g., guardian).

 

1.                   Determine if there is an existing support order.

a.                   No Existing Support Order:  Proceed with the next step.

b.                  Existing Support Order:  Determine if the case meets the review criteria.

 

NOTE:  Orders issued from January 2001 through March 2002 require support to be paid only while the child(ren) is placed in a state custodial placement.  When the existing order includes this provision, and the child is in a guardianship placement, a new order must be issued to include a provision for support to be paid while the child is placed with an individual other than the parents.

i.                     Does Not Meet Criteria:  Continue to enforce on the existing support order.

ii.                   Meets Criteria:  Proceed with the next step.

 

2.                   Determine if the juvenile court still has jurisdiction over the child(ren).

a.                   Juvenile Court Maintains Jurisdiction:  Send the case to the AGO to request a hearing in juvenile court.

b.                  Juvenile Court Jurisdiction Terminated:  Send the case to the AGO to request a hearing in district court. 

 

 

Reviewing Guardianship Cases

 

If you are reviewing a case with an existing support order and you determine that the child has been in a guardianship placement for an extended period and CIC did not charge support for all or part of the placement time frames, consult with your manager to determine when the current support obligation will begin.

 

 

DCFS Review Procedures for Guardianship Placement

 

The Department of Child and Family Services (DCFS) is responsible for reviewing guardianship contracts after they expire.  During the review process, DCFS holds the payments until the new contract is approved.  After the new contract is approved, DCFS applies the payments to the appropriate months.  Because it may be difficult to determine whether current support needs to be ended, CIC agents sill need to verify with the DCFS worker (prior to ending the support obligation) that the guardianship contract has been terminated.