26B-9-227.  Determination of parental liability.

(1)  In accordance with Title 63G, Chapter 4, Administrative Procedures Act, the office may determine by order the amount of a parent‘s liability for uninsured medical, hospital, and dental expenses of a dependent child, when the parent:

Terms Used In Utah Code 26B-9-227

  • Administrative order: means an order that has been issued by the office, the department, or an administrative agency of another state or other comparable jurisdiction with similar authority to that of the office. See Utah Code 26B-9-201
  • Child: means :
(a) a son or daughter under the age of 18 years who is not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States;
(b) a son or daughter over the age of 18 years, while enrolled in high school during the normal and expected year of graduation and not otherwise emancipated, self-supporting, married, or a member of the armed forces of the United States; or
(c) a son or daughter of any age who is incapacitated from earning a living and is without sufficient means. See Utah Code 26B-9-201
  • Dependent: A person dependent for support upon another.
  • Office: means the Office of Recovery Services. See Utah Code 26B-9-201
  • Parent: means a natural parent or an adoptive parent of a dependent child. See Utah Code 26B-9-201
  • (a)  is required by a prior court or administrative order to:

    (i)  share those expenses with the other parent of the dependent child; or

    (ii)  obtain medical, hospital, or dental care insurance but fails to do so; or

    (b)  receives direct payment from an insurer under insurance coverage obtained after the prior court or administrative order was issued.

    (2)  If the prior court or administrative order does not specify what proportions of the expenses are to be shared, the office may determine the amount of liability in accordance with established rules.

    (3)  This section applies to an order without regard to when it was issued.

    Renumbered and Amended by Chapter 305, 2023 General Session