Utah Code 26B-9-104. Duties of the Office of Recovery Services

26B-9-104. Duties of the Office of Recovery Services.

(1)

The office has the following duties:

Terms Used In Utah Code 26B-9-104

Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
Assistance: means public assistance. See Utah Code 26B-9-101
Child support: means the same as that term is defined in Section 26B-9-301. See Utah Code 26B-9-101
Child support services: means services provided pursuant to Part D of Title IV of the Social Security Act, 42 U. See Utah Code 26B-9-101
Contract: A legal written agreement that becomes binding when signed.
Income: includes :

(i)	all gain derived from capital assets, labor, or both, including profit gained through sale or conversion of capital assets;

(ii)	interest and dividends;

(iii)

periodic payments made under pension or retirement programs or insurance policies of any type;

(iv)	unemployment compensation benefits;

(v)	workers' compensation benefits; and

(vi)

disability benefits. See Utah Code 26B-9-101

Lien: A claim against real or personal property in satisfaction of a debt.

Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5

New hire registry: means the centralized new hire registry created in Section 35A-7-103. See Utah Code 26B-9-101

Office: means the Office of Recovery Services. See Utah Code 26B-9-101

Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.

State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5

State case registry: means the central, automated record system maintained by the office and the central, automated district court record system maintained by the Administrative Office of the Courts, that contains records which use standardized data elements, such as names, Social Security numbers and other uniform identification numbers, dates of birth, and case identification numbers, with respect to:

(a)	each case in which services are being provided by the office under the state IV-D child support services plan; and

(b)

each support order established or modified in the state on or after October 1, 1998. See Utah Code 26B-9-101

Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(a)

except as provided in Subsection (2), to provide child support services if:

(i)	the office has received an application for child support services;

(ii)	the state has provided public assistance; or

(iii)

a child lives out of the home in the protective custody, temporary custody, or custody or care of the state;

(b)

for the purpose of collecting child support, to carry out the obligations of the department contained in:

(i)	this chapter;

(ii)	Title 78B, Chapter 12, Utah Child Support Act;

(iii)

Title 78B, Chapter 14, Utah Uniform Interstate Family Support Act; and

(iv)	Title 78B, Chapter 15, Utah Uniform Parentage Act;

(c)	to collect money due the department which could act to offset expenditures by the state;

(d)	to cooperate with the federal government in programs designed to recover health and social service funds;

(e)	to collect civil or criminal assessments, fines, fees, amounts awarded as restitution, and reimbursable expenses owed to the state or any of its political subdivisions, if the office has contracted to provide collection services;

(f)	to implement income withholding for collection of child support in accordance with 3;

(g)	to enter into agreements with financial institutions doing business in the state to develop and operate, in coordination with such financial institutions, a data match system in the manner provided for in Section 26B-9-208;

(h)

to establish and maintain the state case registry in the manner required by the Social Security Act, 42 U.S.C. § 654a, which shall include a record in each case of:

(i)	the amount of monthly or other periodic support owed under the order, and other amounts, including arrearages, interest, late payment penalties, or fees, due or overdue under the order;

(ii)	any amount described in Subsection (1)(h)(i) that has been collected;

(iii)

the distribution of collected amounts;

(iv)	the birth date of any child for whom the order requires the provision of support; and

(v)	the amount of any lien imposed with respect to the order pursuant to this part;

(i)	to contract with the Department of Workforce Services to establish and maintain the new hire registry created under Section 35A-7-103;

(j)	to determine whether an individual who has applied for or is receiving cash assistance or Medicaid is cooperating in good faith with the office as required by Section 26B-9-213;

(k)	to finance any costs incurred from collections, fees, General Fund appropriation, contracts, and federal financial participation; and

(l)	to provide notice to a noncustodial parent in accordance with Section 26B-9-207 of the opportunity to contest the accuracy of allegations by a custodial parent of nonpayment of past-due child support, prior to taking action against a noncustodial parent to collect the alleged past-due support.

(2)

The office may not provide child support services to the Division of Child and Family Services for a calendar month when the child to whom the child support services relate is:

(a)	in the custody of the Division of Child and Family Services; and

(b)

lives in the home of a custodial parent of the child for more than seven consecutive days, regardless of whether:

(i)	the greater than seven consecutive day period starts during one month and ends in the next month; and

(ii)	the child is living in the home on a trial basis.

(3)	The Division of Child and Family Services is not entitled to child support, for a child to whom the child support relates, for a calendar month when child support services may not be provided under Subsection (2).

Renumbered and Amended by Chapter 305, 2023 General Session

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