ESTABLISH ORDER             

CS 1354P CIC Referral to the AGO for Order Establishment

12/06/04 Revised 11/30/06 Training Completed 11/30/06

 

NOTE: CIC-specific procedures contained in this section.

 

Introduction

 

At times, it is necessary and appropriate to refer a case that has no support order to the Attorney General’s Office (AGO).  Refer to the sections below to determine when to create a referral to the AGO on a pre-order case. 

 

Individuals who work at the Office of Recovery Services/Children in Care (ORS\CIC) and attorneys with the AGO who handle CIC cases do not represent the respondent(s) or their interests.  The respondent(s) should seek private counsel to assist them. 

 

Criteria for Referral

 

Refer a pre-order case to the Attorney General’s Office (AGO) if at least one of the criteria listed below applies. 

 

1.         The juvenile court grants a hearing after:

a.         CIC issues a participation, default, or reconsideration order and the respondent(s) exercises his/her appeal rights and requests judicial review; or,

b.         the respondent requests a hearing regarding their CIC case; or,

c.         either the respondent(s) or CIC requests a judicial review of an administrative order.

 

2.         The court requests CIC participate in a judicial action.

 

3.         The juvenile court order does not order the parents to pay child support while their child(ren) is in the care or custody of the state.

 

4.         A guardianship case meets the review criteria and the juvenile court has terminated its jurisdiction. 

 

5.         CIC needs the juvenile court to provide clarification of a juvenile court order in order to continue with establish/enforcement actions.

 

            EXAMPLE 1:  The child is in a guardianship placement, there is no existing support order, and the juvenile court order does not require support to be paid while the child is placed with an individual other than the parents.

 

            EXAMPLE 2:  The juvenile court order orders more than one party to pay child support (e.g. the aunt and the parents) and after consulting with the Attorney General’s Office (AGO), it remains unclear whom the juvenile court judge intended to pay support.

 

6.         CIC joins Child Support Services (CSS) in an action in district court.

 

7.         The parent(s) of the child in care is a minor.

 

Procedures for AGO Referral

 

Once you have determined that a referral needs to be made to the AGO for order establishment, take the steps listed below.

 

1.                  If the “Notice of Agency Action” (NAA) has not already been sent for service prior to the AG referral, send the NAA in correlation with the AG referral in order to meet federal timeframes for process service. 

 

Once the NAA response timeframes have expired, the Presiding Officer (PO) will consult with the AG handling the case to determine whether to proceed with an administrative order at that time or to wait for the pending judicial action to result in a support order.   

 

If an administrative order is established and a judicial order is established changing the monthly child support provision, the judicial order will supersede the administrative order child support provision from the date the judicial order is effective forward.   If paternity was established in the administrative order, the judicial order does not disestablish or void the paternity unless specifically stated.

 

2.                  Determine if the respondent’s case information has been safeguarded. 

 

NOTE: The Doc Gen referral form must be completed for a case to be referred to the AGO. If the referral form is omitted, or if questions on the form are left blank, the referral is not considered complete and the referral packet will be returned to the agent.

                                   

3.                  Write a narrative detailing the action being taken.

 

4.                  Prepare the referral packet. The referral packet should include the following documents either as a paper or an imaged form:

 

a.                   A completed “Attorney Referral Form”

 

b.                  A copy of the “Notice of Agency Action: Child Support” that was previously prepared and sent for service to both parents.

 

c.                   A copy of the juvenile court order.

 

d.                  Genetic test results (if previously obtained on this case, or if done on any other cases involving the same mother and children).

 

e.                   Any out-of-state birth certificates, hospital records, or any other legal and personal documents of relevance.

 

f.                    Any documents showing that paternity has been previously established (if applicable).

 

g.                   Any documentation in support of previously-ordered support credit (i.e. a copy of the order).

 

h.                   Any Financial Declarations (i.e. the Financial Statement and supporting documentation).

 

i.                     Any documentation in support of present family credit (current spouse income, marriage certificate, birth certificates, evidence of paternity establishment, etc.).

 

j.                    Other items which may be unique to your office (e.g., prepared legal documents, service fee check for long-arm, etc.).

 

k.                  The “Income Worksheet – Alleged Current Income – Best Available Information.”

 

l.                     The appropriate Utah guidelines worksheet. 

 

l.                     The original “Worksheet Income Verification Affidavit” signed by the agent and notarized by a Notary Public.   NOTE:  This document will always be a paper copy with an original signature and notary included in the referral packet.

 

m.                 A photo (e.g. driver’s license photo obtained from UCJIS) for process service.

 

6.                  Refer the referral packet to the AGO.  Place the referral form and any paper documents in an envelope and forward to the AGO.

 

Monitor all judicial referrals made to the AGO in order to ensure that federal timeframe standards are being met on the case. 

 

Agent Responsibilities at Hearing

 

An ORS agent is assigned to attend the court hearing with the AG.  The responsibilities of the agent include providing court documents at the request of the AG and offering testimony during the hearing proceeding.  At the hearing, three copies of each document should be provided to the AG: a separate copy for the AG, judge, and the respondent(s).