ESTABLISH ORDER

CS 356P-1 Specified Relative Cases, Case Initiation

11/94 Revised 08/18/08 Training Completed 06/02/04

U.C.A. 78B-12-108, 78B-12-205, 78B-12-113

 

Introduction

 

When a child is living with a specified relative the Office of Recovery Services/ Child Support Services (ORS/CSS) intake workers will open a separate case for each parent, even if the parents are living together. When a specified relative is receiving IV-A assistance, separate cases against each non-custodial parent (NCP) must be referred through the PACMIS interim screens in order for separate cases to be referred and opened on ORSIS.  In Non-IV-A cases the specified relative must complete a separate application for each parent.  Do not attempt to add a specified relative and his/her debts against a NCP with an existing case for a different obligee with the same NCP. 

 

If the specified relative is receiving Medicaid-only for the child and there is an existing support order for that child, the intake worker will open a case to enforce the medical support obligation and the child support obligation.  The case must remain open for medical support enforcement, even if the specified relative has declined child support services on the “Assignment of Rights.”

 

Procedures – Case Initiation

 

Intake workers will attempt to obtain additional information from specified relative applicants to determine the type of services to provide.    

 

1.                  Verification of Specified Relative’s physical custody of child(ren).  The physical custody of the child(ren) can be verified in the following ways.

a.                   Eligibility for IV-A financial, Medicaid, and/or child care assistance: Physical custody of the child(ren) is considered verified by the DWS determination that the specified relative is eligible to receive benefits for that child.

b.                  Juvenile or district court order granting custody of the child(ren) to the specified relative.

c.                   Written agreement from the former custodial parent (CP).

 

2.                  Duration of the physical custody arrangement.   Is the expected duration of the physical custody arrangement temporary (less than 12 months) or long-term (12 months or longer)?  This information will be used by order establishment workers to decide if it is appropriate to establish a two-parent order.  

 

3.                  Information about any existing orders for the child(ren).

a.                   Has legal custody previously been granted to one of the parents?

a.                   Is there a juvenile court order granting custody to the specified relative?

b.                  Is there a juvenile court order containing a provision that allows CSS to establish child support?

c.                   Has juvenile court retained or terminated jurisdiction?

d.                  Is there an open Children in Care (CIC) case?

e.                   Was the controlling parental support order (if any) issued in Utah?

f.                    Does the controlling support order contain a support obligation for both parents?

g.                   Were both parents respondents to the controlling support order?

h.                   Is there a sole custody worksheet available with the controlling support order?

i.                     Does the sole custody worksheet contain enforceable amounts for both parents?