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OREGON YOUTH AUTHORITY
DIVISION 100
REFERRALS TO DIVISION OF CHILD SUPPORT
416-100-0000
Purpose
(1) OYA will make referrals
to the Division of Child Support (DCS) to establish child support claims to pay
support toward the care, education, and maintenance of offenders who are placed
in state-financed substitute care, or close-custody facilities.
(2) These rules define the process
by which OYA will partner with DCS to ensure child support obligations are enforced
pursuant to Oregon laws.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108,
416.400 - 416.486 & 419C.597
Hist.: OYA 2-1995, f. 12-19-95,
cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 9-2002, f. & cert.
ef. 3-1-02; OYA 6-2006, f. & cert. ef. 10-9-06; OYA 2-2012, f. & cert. ef.
4-3-12
416-100-0005
Definitions
(1) Child: An individual, whether
over or under the age of majority, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the beneficiary of a support
order directed to the parent.
(2) Child Attending School:
A child of the parties who is unmarried and unemancipated, is 18 years of age or
older and under 21 years of age, is making satisfactory academic progress as defined
by the school that the child attends, and has a course load that is no less than
one-half of the load that is determined by the school to constitute full time enrollment.
(3) Close-custody facility:
Any OYA facility, including but not limited to youth correctional facilities (YCF),
work/study camps, and transition camps.
(4) DCS (Division of Child Support):
The division of the Oregon Department of Justice that is responsible for providing
services under ORS 25.080, Support Enforcement.
(5) Immediate family member:
Legal spouse, domestic partner, parent, guardian, sibling, child, aunt, uncle, grandchildren
and grandparents, including foster, in-law, and step relationships.
(6) Obligor: An individual or
the estate of a decedent who owes or is alleged to owe a duty of support; who is
alleged but has not been adjudicated to be a parent of a child; or who is liable
under a support order.
(7) Offender: A person in the
legal and physical custody of OYA, either in an OYA close-custody facility, substitute
care placement, or placed in the community under supervision, or a person in the
legal custody of the Department of Corrections and the physical custody of OYA in
OYA a close-custody facility.
(8) Regularly-scheduled break:
a summer semester or term; a period of time not exceeding four months between graduation
from or completion of school and the beginning of the next regularly scheduled term,
semester or course of study at school; a period of time between the end and beginning
of regularly scheduled consecutive school semesters, terms or course of study; or
any other scheduled break between courses of study that is defined by the school
as a regularly-scheduled break.
(9) School: An educational facility
such as a high school, community college, four-year college or university; a course
of professional, vocational, or technical training, including the Job Corps, designed
to fit the child for gainful employment; a high school equivalency course, including
but not limited to a General Educational Development (GED) program, or an educational
program for grade 12 or below and home schooling.
(10) Substitute care: Out-of-home
residential placement in the community that provides 24-hour-a-day care and treatment,
excluding a relative's home. Such placements include, but are not limited to, foster
care and contracted residential treatment programs.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108
& 416.400 - 416.486
Hist.: OYA 6-2006, f. &
cert. ef. 10-9-06; OYA 2-2012, f. & cert. ef. 4-3-12
416-100-0010
Referral Process
(1) OYA will send referral information
to DCS when an offender in its legal or physical custody is placed in state-financed
substitute care, or a close-custody facility.
(2) OYA will inform the parent(s)
or other obligor(s) of:
(a) The referral to DCS;
(b) That DCS will contact the
parent(s) or obligor(s) to determine the amount of support they may be required
to pay; and
(c) That DCS will enforce collection
of any determined amount of support obligation.
(3) At the time an offender
is placed in OYA custody, any existing support orders will be electronically linked
to that offender.
(4) OYA will electronically
notify DCS when any of the following occurs:
(a) The offender enters or leaves
paid placement;
(b) The cost of care changes;
(c) The offender's parent(s)
or other obligor(s) are incarcerated or die, if OYA has such knowledge; and
(d) When corrections or updates
are made to the referral.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108,
416.400 - 416.486 & 419C.597
Hist.: OYA 2-1995, f. 12-19-95,
cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 9-2002, f. & cert.
ef. 3-1-02; OYA 6-2006, f. & cert. ef. 10-9-06; OYA 2-2012, f. & cert. ef.
4-3-12
416-100-0020
Exemptions
The OYA Director, or designee,
may approve or deny an exemption from the enforcement or establishment of a child
support obligation on a case-by-case basis only where:
(1) The offender was adopted
through a government agency;
(2) A grandparent or other family
member adopted the offender;
(3) The offender’s parent(s)’s
parental rights were terminated prior to the offender’s commitment to OYA;
or
(4) The offender’s offense
conduct includes person-to-person victimization of an immediate family member.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108
& 416.400 - 416.486
Hist.: OYA 2-1995, f. 12-19-95,
cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 9-2002, f. & cert.
ef. 3-1-02; OYA 2-2012, f. & cert. ef. 4-3-12
416-100-0030
Confidentiality
(1) OYA will comply with all
laws regarding the confidentiality of child support records that apply to child
support information. OYA employees will refer requests for information about a child
support case to the OYA Child Support Coordinator, who will work with DCS to coordinate
appropriate release of the information.
(2) When DCS has initiated a
legal action and a party or an attorney for a party makes a request for discovery,
OYA will work with DCS to provide all appropriate information.
(3) OYA employees may not access
computer records or records of any other nature available to them only as employees
of OYA that pertain to their own child support case or the child support case of
any relative or other person with whom the employee has a personal friendship or
business association. No employee may perform casework on his/her own child support
case or the case of any relative or other person with whom the employee has a personal
friendship or business association.
(4) Any OYA employee who discloses
or uses the contents of any records, files, papers or communications in violation
of federal/state laws is subject to progressive discipline, up to and including
dismissal from employment.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108
& 416.400 - 416.486
Hist.: OYA 2-1995, f. 12-19-95,
cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 2-2012, f. & cert.
ef. 4-3-12
416-100-0040
Special Circumstances Regarding Incarcerated Obligors
In some cases, offenders in the legal or
physical custody of OYA may be considered obligors for the purpose of child support.
OYA will follow DCS rules and coordinate the child support process with regard to
these offenders.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108
& 416.400 - 416.486
Hist.: OYA 2-1995, f. 12-19-95,
cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 2-2012, f. & cert.
ef. 4-3-12
416-100-0050
Child Attending School
Provisions
(1) Under Oregon law, the court
may enter an order against either parent, or both, or other obligors to provide
for the support or maintenance of an offender who qualifies as a Child Attending
School.
(2) Subject to state and federal
confidentiality laws, OYA will provide all information necessary to DCS and obligors
to establish eligibility to receive support under this section, including the name
of the school and expected graduation date or date the offender will stop attending
classes.
(3) OYA will notify DCS when
the offender ceases to qualify as a Child Attending School.
(a) Support obligation for an
offender that qualifies as a Child Attending School in OYA custody does not cease
during regularly-scheduled breaks in school.
(b) DCS will notify the obligor
when the offender in OYA custody ceases to meet the definition of a Child Attending
School.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108
& 416.400 - 416.486
Hist.: OYA 2-1995, f. 12-19-95,
cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 9-2002, f. & cert.
ef. 3-1-02; OYA 6-2006, f. & cert. ef. 10-9-06; OYA 2-2012, f. & cert. ef.
4-3-12
416-100-0060
Constituent Complaints
OYA has no obligation or responsibility
to mediate or resolve constituent complaints with regard to child support issues.
If such complaints are received, OYA staff will refer the person to DCS. OYA will
cooperate with DCS if information is necessary to resolve a constituent complaint.
Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108
& 416.400 - 416.486
Hist.: OYA 6-2001, f. &
cert. ef. 6-25-01; OYA 6-2006, f. & cert. ef. 10-9-06; OYA 2-2012, f. &
cert. ef. 4-3-12
The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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