Loading

Oregon Bulletin

May 1, 2011

Department of Justice
Chapter 137

  • Rule Caption: Modify the Child abuse Multidisciplinary Team and Regional Service Provider OARs to align with ORS changes from 09-11 biennium and alignment of language to current terminology.
  • Adm. Order No.: DOJ 2-2011
  • Filed with Sec. of State: 3-30-2011
  • Certified to be Effective: 4-1-11
  • Notice Publication Date: 3-1-2011
  • Rules Amended: 137-082-0210, 137-082-0220, 137-082-0230, 137-082-0240, 137-082-0250, 137-082-0260, 137-082-0270, 137-082-0280, 137-083-0000, 137-083-0010, 137-083-0020, 137-083-0040, 137-083-0050
  • Subject: Align with ORS changes from the 09–11 biennium;
  •       Change Child Abuse Centers to Child Abuse Intervention Centers;
  •       Change Regional Training and Consultation Center to Regional Service Providers;
  •       Include moving application and reporting to web-based CVSD E-Grant system;
  •       Modify reporting requirements to minimize and consolidate reporting.
  • Rules Coordinator: Carol Riches—(503) 947-4700
  •  
  • 137-082-0210
  • Definitions
  • (1) “Advisory Council on Child Abuse Assessment”, referred to hereafter as “the Council”, is a legislatively authorized council (ORS 418.784) of at least nine members appointed by the Attorney General or Attorney General’s designee to advise the Child Abuse Multidisciplinary Account Administrator. For the purpose of these rules, Child Abuse Advocacy Centers is referred to as “Child Abuse Intervention Centers”. The Council collaborates with the Administrator of the CAMI Account on the disbursement of moneys to establish and maintain community or regional child abuse intervention centers and advises the CAMI Administrator on the disbursement of monies to the multidisciplinary teams.
  • (2) “Advocacy Services” means those services that reduce additional trauma to the child victims and their families in addition to services that reduce the trauma for the child victim and support the identification and development of therapeutic services.
  • (3) “Applicant,” as used in OAR 137-082-0200 et seq., means the county and the public and private agencies recommended by a county’s multidisciplinary child abuse team to provide services in accordance with the county’s coordinated child abuse multidisciplinary intervention plan.
  • (4) “Assessment Services” means a medical assessment, intervention service or psycho-social assessment of children suspected of being victims of abuse and neglect.
  • (5) “Child Abuse Multidisciplinary Intervention Account”, referred to hereafter as the “CAMI Account”. The CAMI Account holds funds appropriated by the Legislative Assembly to the Oregon Department of Justice. The funds are to be disbursed to counties, for the counties’ funding of “multidisciplinary child abuse teams” formed under ORS 418.784, and to public and private agencies recommended by a county’s multidisciplinary child abuse team to provide services in accordance with the county’s coordinated child abuse multidisciplinary intervention plan.
  • (6) “Conditional Eligibility” is the conditional approval of the program proposed by the applicant for carrying out the county’s coordinated child abuse multidisciplinary intervention plan.
  • (7) The coordinated child abuse multidisciplinary intervention plan, set forth at ORS 418.746(5) and referred to hereafter as “the Plan”, sets forth all sources of funding, other than moneys that may be distributed from the child abuse multidisciplinary intervention account, and including in-kind contributions that are available for the intervention plan; describes how the Plan provides for comprehensive services to the victims of child abuse, including assessment, advocacy and treatment; and includes the county’s written protocol and agreements required by 418.747(2).
  • (8) “County Multidisciplinary Child Abuse Team”, referred to hereafter as the “MDT” or “Team”, is a county investigative and assessment team for child abuse. Pursuant to ORS 418.747(1), the Team must include, but is not limited to, law enforcement personnel, child protective services workers, district attorneys, school officials, health department staff and personnel from the courts.
  • (9) “The Department” is the Oregon Department of Justice.
  • (10) “Eligible Expenses” means personnel costs for staff, interviewers, interpreters, and expert witnesses; services and supplies, rent, capital purchases, and other operational expenses related to providing assessment, advocacy, or treatment services. The county with whom the Department contracts may request 5% of the county CAMI Account funds for administration. This must have the approval of the county multidisciplinary team and be included in the Plan.
  • (11) “Grantee” means an Applicant whose grant application has resulted in as received a grant award, which is reflected in a “Grant Agreement”.
  • (12) Ineligibility Determination — is a finding by the Account Administrator that a county is ineligible to receive funding from CAMI.
  • (13) Intervention Advocacy — activities identified at the local and state level to provide more effective intervention for victims of abuse and neglect.
  • (14) Intervention Services - services provided by criminal justice or child protective services staff to effectively intervene in cases of suspected child abuse.
  • (15) Medical Assessment as defined in ORS 418.782(2) — the medical assessment is an assessment by or under the direction of a physician who is licensed to practice medicine in Oregon and trained in the evaluation, diagnosis and treatment of child abuse. The medical assessment must include a thorough medical history, a complete physical examination, an interview for the purpose of making a medical diagnosis, determination of whether or not the child has been abused, and identification of the appropriate treatment or referral for follow-up for the child.
  • (16) Prevention Advocacy — activities associated with local and state fatality review processes and/or subsequent prevention strategies to reduce abuse, neglect or fatalities.
  • (17) Professional Training and Education — support for professional training and educational resources such as a clearinghouse, speaker’s bureau, or library; ongoing training and education for professionals involved in child abuse and neglect intervention.
  • (18) Protective Services - activities that are required to protect the child, prevent future abuse, and support the healing process associated with the abuse related trauma.
  • (19) Psycho-Social Assessment — evaluates the child’s and the family’s needs for services and the availability of resources to meet those needs.
  • (20) “Treatment” means those services that provide for the medical and psychological needs of the victim or the victim’s family members. For the purposes of this rule, treatment is intended to refer to short-term, crisis-oriented treatment.
  • (21) “Treatment Services” means information, referral, and therapeutic interventions for child abuse victims and their families.
  • Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
  • Stats. Implemented: ORS 418.746 - 418.794
  • Hist.: DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-082-0220
  • Eligibility
  • (1) To be eligible for funds an Applicant, through its multidisciplinary child abuse team, must submit a Plan as described in ORS 418.746(5). The Plan must be submitted with any application for CAMI Account funds and must describe how the county will provide for comprehensive services for victims of child abuse or children suspected of being victims of child abuse. In describing the nature of the comprehensive services that will be available, the Plan must address assessment, advocacy and treatment services as defined by subsection (2)(c) of this rule.
  • (2) To receive a grant award, an Applicant must:
  • (a) Meet the requirements of ORS 418.746 and OAR 137-082-0200 through 137-082-0280;
  • (b) Demonstrate existence of a functioning multidisciplinary team responding to allegations of child abuse pursuant to ORS 418.747;
  • (c) Submit an application to the Department which includes a Plan that meets all requirements of ORS 418.746(5)(a) and this administrative rule. The application must clearly state protocols as requested in the application, goals, objectives, and desired outcomes that further the purposes of 418.747, 418.780, 418.790 and 418.792. The portion of the Plan that will be supported by the CAMI Account funds must provide for services in one or more of the service categories (A), (B) or (C) listed below, in addition to the fourth category, (D) Eligible Expenses associated with the provision of services. Each application must clearly state the service category, services intended to be provided, the expenses associated with the services, measurable objectives, and desired outcomes.
  • (A) “Assessment Services” includes the following:
  • (i) Medical Assessment -The medical assessment must include a thorough medical history, a complete physical examination, an interview for the purpose of making a medical diagnosis, determination of whether or not the child has been abused, and identification of the appropriate treatment or referral for follow-up for the child;
  • (ii) Psycho-Social Assessment;
  • (iii) Intervention Services;
  • (B) “Advocacy Services” includes the following:
  • (i) Advocacy Services;
  • (ii) Protective Services;
  • (iii) Intervention Advocacy;
  • (iv) Prevention Advocacy;
  • (v) Professional Training and Education.
  • (C) “Treatment Services” includes the following:
  • (i) Providing information regarding available treatment resources;
  • (ii) Referral for therapeutic services;
  • (iii) Providing and coordinating therapeutic treatment intervention.
  • (iv) Provided all requirements specified above have been satisfied, an Applicant must enter into a Grant Agreement in the form approved by the Department.
  • (D) “Eligible Expenses” includes personnel costs for staff, interviewers, interpreters, and expert witnesses; services and supplies, rent, capital purchases, and other operational expenses related to providing assessment, advocacy, or treatment services. The county with whom the Department contracts may request 5% of the county CAMI Account funds for administration. This must have the approval of the county MDT and be included in the Plan.
  • (3) Conditional Eligibility
  • (a) If an applicant submits a program application that fails to meet all of the Plan requirements, the applicant will be asked to submit a revised Plan as requested by the Department that will bring the applicant into compliance with the Plan program requirements. If this Plan is approved by the Department, then the Department may award funds to the applicant. A Plan must be approved by the Department before to an Applicant is eligible to receive funds.
  • (b) Failure to use the CAMI Account funds in accordance with the Plan approved by the CAMI Account Administrator may result in an applicant being given notice of conditional eligibility or notice of denial for future funding until such time as corrective actions have been taken which have been approved by the Account Administrator.
  • (4) Ineligibility Determination — An application may be deemed ineligible and funds may be denied if an applicant:
  • (a) Fails to provide verification of an ongoing, fully functioning county multidisciplinary child abuse team;
  • (b) Fails to provide verification of an ongoing child fatality review process as described under ORS 418.747(8)-(13);
  • (c) Fails to submit an approved Plan;
  • (d) Fails to submit the required program, fiscal or other reports as specified by ORS 418.746(7) and in OAR 137-082-0250 or as requested by the Department;
  • (e) Fails to provide a corrective action plan if requested to do so by the CAMI Account Administrator;
  • (f) Fails to expend the CAMI Account funds in accordance with the Plan approved by the CAMI Account Administrator; or
  • (g) Fails to meet any of the other conditions specified in ORS 418.746, 418.747, or OAR 137-082-0200 through 137-082-0280.
  • (5) If a county does not expend all of its allocated funds for year one of the grant period, it must explain in the annual report why the funds were not expended and how they will be incorporated into the second year’s Plan, in order to maintain the county’s eligibility. If in the judgment of the Account Administrator a sufficient explanation has been provided, the carry-over funds may become part of that second year’s comprehensive plan.
  • (6) Pursuant to subsection (5) the Account Administrator may in his or her discretion permit an Applicant to retain unexpended funds provided to grantee under a contractual agreement entered into pursuant to OAR 137-082-0200 et seq. Such retention of funds must be implemented through a subsequent contractual agreement with the grantee.
  • (7) If a significant carry-over of funds continues for more than one year, the county will be asked to reevaluate its Plan and make necessary adjustments to utilize the funds. If there continues to be significant carry-over of funds without reasonable plans approved by the CAMI Administrator for their use, the county’s allocation for future funding may be reduced by the amount of excess funds or carryover may be applied to the county’s next year’s allocation if approved by the Department.
  • Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
  • Stats. Implemented: ORS 418.746 - 418.794
  • Hist.: DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-082-0230
  • Notice and Time Limits on Application
  • (1) The Department will send application materials to a designated representative of the county’s MDT on a biennial basis. Applicants with a history of compliance with all eligibility and reporting requirements for a period of at least 4 years, may, at the discretion of the CAMI Account Administrator be provided an abbreviated bi-annual application that will certify continued compliance with eligibility along with any updated information that is necessary or requested by the CAMI Account Administrator.
  • (2) Eligibility will be determined biennially based upon review by the Advisory Council on Child Abuse Assessment and the CAMI Account Administrator. A request for application and continued eligibility will be determined by the CAMI Account Administrator through review of the annual report.
  • (3) If the Advisory Council on Child Abuse Assessment or CAMI Account Administrator finds deficiencies in the application, the applicant will be informed through the Crime Victims’ Services Division (CVSD) E-Grant system to make specified modifications. The applicant must submit the requested modifications to its application to correct these deficiencies before a CAMI Grant Agreement will be issued. The CAMI Account Administrator will issue a CAMI Grant Agreement upon approval of the modified application or issue a denial with any additional terms deemed necessary for the modified application to receive approval.
  • (4) If a requested revised Plan is not submitted within the designated timeframe assigned by DOJ, the applicant will be declared ineligible. The funds designated for that county will be reallocated to other eligible applicants as per OAR 137-082-0280.
  • Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
  • Stats. Implemented: ORS 418.746 - 418.794
  • Hist.: DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-082-0240
  • Transfer of Funds
  • (1) Upon approval of the application, and following the grant award, the Department will enter into a Grant Agreement with the county or the public and private agencies, recommended pursuant to ORS 418.746(5) and (6) and approved by the Department, or any of the foregoing. The Department will disburse funds in accordance with the Grant Agreement. The Department will not purchase services directly from a local service provider.
  • (2) A percentage of the Criminal Fines and Assessment Public Safety Fund CAMI Account appropriation will be reserved for each county based upon a biennial calculation that takes into account numbers relating to population under age 18 and crime rates for the county. Any unclaimed funds will be reallocated in accordance with OAR 137-082-0280.
  • (3) General Fund allocation — Will be allocated through the same process under OAR 137-082-0240(2).
  • Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
  • Stats. Implemented: ORS 418.746 - 418.794
  • Hist.: DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-082-0250
  • Report
  • (1) The County’s Semi-annual Statistical and Quarterly Fiscal Reports. The chair of each county’s MDT is responsible for the Team’s submission of an annual progress report. The county must provide to its’ MDT any information requested by the Team if such information is necessary to be in compliance with the CAMI Account reporting requirements set forth in ORS 418.746(7) and OAR 137-082-200 et seq. The reports shall be in the form specified by the Department. The reports must document how the grant funds were utilized and the extent to which the programs were able to meet anticipated outcomes in terms of benefits to children and families. This information will be used to determine eligibility for future funding. To adequately prepare these reports, the county should include, as part of each biennial application, desired program outcomes, a description of the measurable objectives to be achieved in each service category and the data that will be used to measure the progress of the program towards the desired outcomes.
  • (2) The biannual reports shall address the following areas:
  • (a) Statements of Purpose, Objectives, Goals of Project or Activity;
  • (b) Problems or barriers that arose during the reporting year and how these were addressed;
  • (c) Results, Accomplishments, and Evaluations: This must include the data used to measure success towards outcomes and objectives as stated in the application;
  • (d) Conclusions and any recommendations; and
  • (e) Any additional information requested by the Department.
  • (3) Failure to submit the required reports by the due date will result in the county being placed on conditional eligibility status for any future funds. The county will be given written notice of this action. No further funds will be disbursed until the Department receives the required report.
  • (4) Submitting false or misleading information will result in denial of further funding until the county demonstrates that problem areas are identified and corrected. The applicant will be given written notice of this action.
  • (5) The Public or Private Agency’s semi-Annual and Quarterly Fiscal Reports. An agency that is awarded money under these rules must submit reports to the county MDT and to the Department. The reports must document how the money was utilized and describe the extent to which the program was able to meet anticipated outcomes in terms of benefits to children and families. County MDTs receiving reports from a public or private agency under these rules must use the report in making future recommendations regarding allocation of moneys. The Department will use the public or private agency’s reports to make future eligibility and allocation decisions and to evaluate programs funded under these rules.
  • (6) The public or private agency’s reports shall address the following areas:
  • (a) Statements of Purpose, Objectives, Goals of Project or Activity;
  • (b) Problems or barriers that arose during the reporting year and how these were addressed;
  • (c) Results, Accomplishments, and Evaluations: this must include the data used to measure success towards outcomes and objectives as stated in the application;
  • (d) Conclusions and any recommendations; and
  • (e) Any additional information requested by the Department.
  • (7) Failure to submit the required report by the due date will result in the public or private agency being placed on conditional eligibility status for any future funds. The public or private agency will be given written notice of this action. No further funds will be disbursed until the Department receives the required report.
  • (8) Submitting false or misleading information will result in denial of further funding until the public or private agency demonstrates that problem areas are identified and corrected to the satisfaction of the Department. The public or private agency will be given written notice of this action.
  • Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
  • Stats. Implemented: ORS 418.746 - 418.794
  • Hist.: DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-082-0260
  • Method of Review/Role of Advisory Council
  • (1) Staff from the CVSD will review each county’s application and each recommended public or private agency’s application. A committee comprised of members of the Advisory Council on Child Abuse Assessment, and other members as may be appointed by the Department, will review and submit to the Department a recommendation regarding approval of each county’s Plan the county’s application for funding and each county’s recommended public or private agency application for funding if any. The committee will determine if the application:
  • (a) Meets the established eligibility requirements;
  • (b) Responds to the county’s needs as identified in their Plan for comprehensive services to the victims of child abuse;
  • (c) Substantially furthers the goals and purposes of ORS 418.747, (418.780,) 418.790, and 418.792; and
  • (d) Documents proper allocation of previous funds and the extent to which anticipated outcomes were achieved for children and families.
  • (2) The final responsibility for approval, conditional eligibility approval or denial shall rest with the Department.
  • (3) Formal notification of approval, conditional approval or denial will be given to counties and county recommended public or private agencies in a timely manner.
  • (4) The Department and Advisory Council may, at any time, conduct a site visit, and may review any records relating to the provision of services and expenditure of funds under this project. All information and records pertaining to individual families and children, reviewed by the Department or a designated body in the exercise of its duties related to the CAMI program, shall be maintained in accordance with the provisions of law, and the terms of applicable Grant Agreements. The information and records will be treated as confidential records by such parties, except to the extent that permission is provided by the affected parties, or as the law may otherwise require.
  • Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
  • Stats. Implemented: ORS 418.746 - 418.794
  • Hist.: DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-082-0270
  • Grievance Procedures
  • (1) Applicants have a right to a review of decisions regarding their conditional eligibility or denial of eligibility for CAMI funds.
  • (2) Each Applicant will be informed of the procedure for review, (“grievance procedure”) at the time a decision is made regarding an Applicant’s eligibility for CAMI funds.
  • (3) No Applicant will be subject to reprisal for seeking a review of a decision regarding conditional eligibility or denial of eligibility for CAMI funds.
  • (4) To invoke this grievance procedure, an Applicant must make a written request to the CAMI Account Administrator within 30 days after receiving notification of the conditional eligibility or denial.
  • (5) When the Department is notified that an Applicant has timely filed a grievance regarding conditional eligibility or denial of eligibility for CAMI funds, a meeting will be scheduled with the CAMI Account Administrator. This meeting will involve the applicant and other members of the county’s MDT as the Applicant deems necessary to present its case. The CAMI Account Administrator and members of the Advisory Council may be present at this meeting. Every effort will be made to have this meeting occur within 2 weeks of receipt of the grievance.
  • (6) If the matter is not resolved through the grievance procedure, the applicant may request a review of the issue by the Director of the CVSD. The Applicant must make a written request to the Director of the CVSD within 30 days following notification of the results of meeting with the CAMI Account Coordinator.
  • (7) The Director of the CVSD shall respond in writing to the Applicant’s request for review within 30 days. If this response does not resolve the matter the Applicant may request an administrative review by the State Attorney General. Request for such a review shall be made in writing to the State Attorney General and shall include a statement of the problem and the desired resolution. Written notice of intent to pursue administrative review by the Attorney General shall be provided to the Director of the CVSD before or concurrently with the written request that is submitted to the Attorney General. To be eligible for review by the Attorney General, this request must be made within 30 days of receipt of written notification of the decision of the Director of the CVSD. The decision of the State Attorney General is final.
  • Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
  • Stats. Implemented: ORS 418.746 - 418.794
  • Hist.: DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-082-0280
  • Reallocation of Funds Not Applied for or Used
  • (1) CAMI funds that were not allocated due to an Applicant’s failure to request its CAMI funds, or an Applicant’s failure to submit a complete application, or a satisfactory Plan or failure to enter into a Grant Agreement, may be distributed to other eligible counties as a supplemental award. These funds will be offered to eligible counties on a percentage basis according to the allocation formula set forth in OAR 137-082-0240(2). As provided therein and OAR 137-082-0280, CAMI funds may be distributed in a manner that is similar to the disbursement formula used to distribute the Criminal Fines and Assessment Public Safety Fund with regard to prosecutor based victim assistant programs.
  • (2) If an application is submitted but approval is denied, the funds will be held in the CAMI Account for that county for 12 months from the date of denial, during which time the Applicant may reapply. If the Applicant has not obtained at least conditional eligibility within the 12 month period, the funds will be distributed to other eligible counties. If the grievance procedure is underway during the 12 month period, the Applicant’s funds will be held in reserve until the final decision of the Attorney General or 12 months from the date of the notification of the denial of funding, whichever is longer. Any Applicant holding funds which are the subject of an eligibility determination grievance procedure, or notice regarding appropriate use of funds, may not encumber, alienate or expend those funds unless and until the grievance procedure is concluded in favor of the Applicant. Applicants holding funds which are ultimately determined to be ineligible for use under Applicant’s Plan must return any and all grant funds to the Department within the timeframe established by the Department.
  • (3) It is the intention of the Department to have minimal or no unobligated CAMI funds at the end of each biennium. Funds held in the CAMI Account in accordance with the above rules will be considered obligated funds until all grievances and eligibility issues have been resolved.
  • Stat. Auth.: OL 1993, Ch. 676 & OL 2001, Ch. 624
  • Stats. Implemented: ORS 418.746 - 418.794
  • Hist.: DOJ 5-2002, f. 7-31-02, cert. ef. 8-1-02; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-083-0000
  • Purpose
  • These rules establish criteria for awarding grants to establish and maintain Regional Assessment Centers or Community Assessment Centers pursuant to ORS 418.786. These rules also define the services offered by Regional Assessment Centers and Community Assessment Centers, standards relating to complex cases, and grievance procedures regarding the criteria for awarding grants.
  • Stat. Auth.: ORS 418.782 - 418.793
  • Stats. Implemented: ORS 418.780 - 418.796
  • Hist.: DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-083-0010
  • Definitions
  • As used in OAR chapter 137, division 083:
  • (1) “Multidisciplinary Child Abuse Team (MDT)” means the interdisciplinary investigation team established in each county by ORS 418.747.
  • (2) “Complex Case” means a case in which the local Child Abuse Intervention Center (CAIC) or the local Multidisciplinary Child Abuse Team (MDT) determines the need for assistance from a Regional Service Center or Community Assessment Center, in order to perform or complete a child abuse medical assessment or to evaluate, diagnose or treat a victim of child abuse.
  • (3) “Consultation” means discussions between or among persons associated with a Regional Service Center or Community Assessment Center and persons associated with county Multidisciplinary Teams to be served by the Center regarding individual cases involving child abuse or possible child abuse, child abuse medical assessments, and related topics.
  • (4) “Education” means the provision of specialized information to individuals regarding the detection, evaluation, diagnosis and treatment of child abuse or possible child abuse.
  • (5) “Referral Services” means the recommendation of specialized services related to child abuse medical assessments or to the detection, evaluation, diagnosis or treatment of child abuse. It may include consultation or directing or redirecting a child abuse victim or possible victim to an appropriate specialist for more definitive evaluation, diagnosis or treatment.
  • (6) “Technical Assistance” means assistance of a practical, specialized or scientific nature, including but not limited to practical advice, specialized advice, advanced laboratory testing or forensic testing.
  • (7) “Training” means the provision of teaching or instruction to professionals regarding the detection, evaluation, diagnosis or treatment of child abuse or possible child abuse.
  • (8) “Community Assessment Service” means a neutral, child sensitive community-based center or service provider to which a child from the community may be referred to receive a thorough child abuse medical assessment for the purpose of determining whether the child has been abused or neglected. These services may be provided by assessment, advocacy, or intervention centers.
  • (9) “Regional Assessment Center” means a community based Child Abuse Intervention Center (CAIC) that is also providing training, education, consultation, referral, technical assistance, and may with the approval of the Department of Justice be providing specialized assessment services for children in multiple counties. For the purposes of these rules the Regional Assessment Center will be referred to as the Regional Service Providers (RSP) and may be referred to as RSP or Regional Service Provider throughout the rest of this document.
  • Stat. Auth.: ORS 418.782 - 418.793
  • Stats. Implemented: ORS 418.780 - 418.796
  • Hist.: DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-083-0020
  • Application Requirements
  • (1) Eligible Applicants:
  • (a) An applicant for the RSP grant must be a public or private non-profit agency that has demonstrated the ability to provide quality child abuse intervention services for a period of at least two years, as determined by the Child Abuse Multidisciplinary Intervention Advisory Council;
  • (b) An applicant for the RSP grant must be a public or private non-profit agency whose mission includes the provision of services to victims of child abuse or neglect;
  • (c) An applicant for the RSP grant must have adequately trained staff to perform child abuse medical assessments and interviews including but not limited to a physician who is trained in the evaluation, diagnosis and treatment of child abuse and who is licensed to practice medicine in Oregon by the Oregon Medical Board; and an interviewer who has an advanced academic degree in human services or who has comparable specialized training and experience.
  • (2) Application Contents. An application for a Regional Service Provider grant must include the information specified in ORS 418.788(3), 418.790 (RSP applicants only) and ORS 418.792 (Child Abuse Intervention Center applicants) as well as the following:
  • (a) Service Delivery Plan:
  • (A) An in-depth description of how the Regional Service Provider will assure the provision of neutral, child-centered child abuse medical assessments for the purpose of determining whether a child has been abused or neglected;
  • (B) Documented support from constituent agencies and the local MDT. The constituent support must address the level of need for the services, and how that service will be accessed by community agencies or individuals;
  • (C) Goals, objectives and measurable outcomes for the projected funding period. The method by which the quality of services will be evaluated must be included in the service delivery plan;
  • (D) For RSP applicants, the service delivery plan must include the requirements set forth in ORS 418.790(1).
  • (b) For RSP applicants, information which demonstrates how and to what extent the applicant proposes to provide consultation, education, training and technical assistance to local MDT’s, community assessment centers, and others as may be appropriate. A description of services shall include documentation demonstrating that potential recipients of any of the above services have been provided a reasonable opportunity to provide input into the proposed service delivery plan;
  • (c) For RSP applicants, a projected budget for the expenses associated with the provision of consultation, education, training, referral and technical assistance or other services as may be approved by the Department of Justice. Expenses may include, but are not limited to personnel, training, equipment, rent, supplies, travel, telephone or other communication charges. The budget for the services provided as a RSP must be clearly differentiated from those of the direct victim services provided as a Child Abuse Intervention Center;
  • (d) Any additional information requested by the CAMI Account Coordinator.
  • (3) Referral of Complex Cases. RSP’s shall assure that they will provide access for CAICs and MDT’s for referral of complex cases. RSP’s, CAICs and MDT’s shall have an agreement regarding how referrals and services may be made, who can make a referral, and if desired, more specificity regarding the definition of a complex case. The method for contacting the regional centers shall be updated as needed, and distributed by the CAMI Account Coordinator and RSPs, to all CAICs and MDT coordinators.
  • Stat. Auth.: ORS 418.782 - 418.793
  • Stats. Implemented: ORS 418.780 - 418.796
  • Hist.: DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-083-0040
  • Performance of Duties
  • (1) Regional Service Providers receiving CAMI funds directly from the Department of Justice, shall submit reports that provide both qualitative and quantitative information regarding the delivery of services provided by the RSP as required by the Department.
  • (2) Failure to meet the conditions of the award including administration, fiscal and programmatic requirements, may result in a reduction or denial of subsequent funds.
  • Stat. Auth.: ORS 418.782 - 418.793
  • Stats. Implemented: ORS 418.780 - 418.796
  • Hist.: DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • 137-083-0050
  • Grievance Procedures
  • (1) An applicant has a right to review the award decision concerning eligibility and denial for an award for CAMI funds for the RSP grant. The grievance process is referred to herein as the “review” or “grievance procedure”.
  • (2) Each applicant will be informed of the grievance procedure at the time a decision is made regarding an award decision concerning an applicant’s application.
  • (3) No applicant will be subject to reprisal for seeking a review of an award decision.
  • (4) To request a review of the award decision the applicant must make a written request to the CAMI Account Coordinator within 30 days after receiving notification of the award decision.
  • (5) When the Department is notified that an applicant has requested a review of the award decision, a meeting will be scheduled with the CAMI Account Coordinator and members of the Advisory Council that have no conflict of interest with regard to the review at issue. Every effort will be made to have this meeting occur within 30 days of receipt of the grievance.
  • (6) If the matter is not resolved through the above described grievance procedure, the applicant may request a further review of the issue by the Attorney General or his designee. The applicant must make a written request for such a review, to the Director of the Crime Victims’ Services Division within 30 days following notification of the results of meeting with the CAMI Account Coordinator and the Advisory Council.
  • (7) The decision of the State Attorney General or his designee is final.
  • Stat. Auth.: ORS 418.782 - 418.793
  • Stats. Implemented: ORS 418.780 - 418.796
  • Hist.: DOJ 1-2003, f. 2-28-03, cert. ef. 3-1-03; DOJ 2-2011, f. 3-30-11, cert. ef. 4-1-11
  •  
  • Rule Caption: Providing intergovernmental child support services.
  • Adm. Order No.: DOJ 3-2011(Temp)
  • Filed with Sec. of State: 3-31-2011
  • Certified to be Effective: 3-31-11 thru 9-26-11
  • Notice Publication Date:
  • Rules Amended: 137-055-1020, 137-055-1090, 137-055-1120, 137-055-1145, 137-055-3220, 137-055-3240, 137-055-3400, 137-055-3420, 137-055-4040, 137-055-4455, 137-055-4540, 137-055-5080, 137-055-5220, 137-055-5240, 137-055-6120, 137-055-7020, 137-055-7040, 137-055-7060, 137-055-7100, 137-055-7120, 137-055-7140, 137-055-7160, 137-055-7180, 137-055-7190
  • Rules Suspended: 137-055-7080
  • Subject: These rules are amended (one is suspended) to reflect changes in federal regulations concerning intergovernmental case processing. Additionally, language in existing rules is simplified for clarity.
  • Rules Coordinator: Vicki Tungate—(503) 989-6086
  •  
  • 137-055-1020
  • Child Support Program Definitions
  • The following definitions apply to OAR 137-055-1040 through 137-055-7190:
  • (1) Unless otherwise stated, “administrator” means either the Administrator of the Division of Child Support of the Department of Justice or a district attorney, or the administrator’s or a district attorney’s authorized representative.         
  • (2) “Assignee” means the Department of Human Services (DHS), the Oregon Health Authority (OHA), the Division of Child Support, Oregon Youth Authority (OYA) or equivalent agencies in any other state or Tribe to which support rights for a person are assigned.
  • (3) “Assignment” or “Assigned” means all or a portion of support payments owed to a person will be kept by the state if the person or a beneficiary of the person is receiving Temporary Assistance for Needy Families (TANF) cash assistance, foster care, or OYA services. Support payments will be distributed as provided in OAR 137-055-6022. Additionally, if a person receives Title XIX medical assistance, medical support rights are assigned.
  • (4) “Beneficiary” means any child, spouse or former spouse for whom an obligor has been ordered (or has agreed) to pay support, under a court or administrative order, or a voluntary agreement.
  • (5) “Child Support Award” means a money award or administrative order that requires the payment of child support.
  • (6) “Child Support Program” or “CSP” is the program authorized under title IV-D of the Social Security Act to provide child support enforcement services required by federal and state law. The CSP director in Oregon is the Administrator of the Division of Child Support. The CSP includes the Division of Child Support and those district attorneys that contract to provide services described in ORS 25.080.
  • (7) “Class Order” means a support order for multiple children that does not specify an amount of support per child and requires the payment of the entire amount until the last child attains majority or until the order is prospectively modified.
  • (8) “Court Order” means any judgment or order of the court requiring an obligor to provide child or spousal and/or health care coverage, for specified beneficiaries.
  • (9) “Court ordered Amount”, or “COA”, means the periodic payment amount, usually monthly, ordered by the administrator, an administrative law judge or by a court for support. The COA can be either the amount for each beneficiary on a support case, or the total amount for all beneficiaries in a single support case.
  • (10) “Department of Human Services”, or “DHS”, is the state’s health and human services agency. DHS is responsible for public assistance programs such as: TANF, Food Stamps, child-protective services, and foster care and adoption programs.
  • (11) :Disbursement” means dispensing or paying out collected support.
  • (12) “Distribution” means allocating or apportioning collected support.
  • (13) “District Attorney”, or “DA”, means the district attorney for an Oregon county responsible for providing services under ORS 25.080.
  • (14) “Division of Child Support”, or “DCS”, is the Division of Oregon’s Department of Justice that is responsible for providing services under ORS 25.080.
  • (15) “Guidelines” refers to the guidelines, the formula, and related provisions established by DCS, in OAR 137-050-0705 through 137-050-0765.
  • (16) “Income Withholding” means a judicial or administrative process under which an obligor’s employer, trustee, or other provider of income is ordered to withhold a specified percentage, or a specified amount, from each and every paycheck or benefit payment of an obligor, for the purpose of paying current and past due support. Income withholding is distinguished from garnishment as follows: income withholding will occur continuously under a single order and is not subject to claim of exemption; a garnishment occurs for only a limited duration under a single writ and is subject to certain property exemptions provided by law.
  • (17) “Initiating agency” means a state or tribal IV-D agency, or a child support agency in a reciprocating foreign country, in which an individual has applied for or is receiving child support services.
  • (18) “Intergovernmental” means a case or action that involves a tribe, another country, or another state’s child support agency.
  • (19) “Issuing jurisdiction” means the state, tribe or reciprocating foreign country in which a tribunal issues a support order or renders a judgment determining parentage and includes an “issuing state” as defined in ORS 110.303(9).
  • (20) “Judgment Lien” means the effect of a judgment on real property for the county in which the judgment is entered, or such other county where the lien is recorded, and includes any support arrearage lien attaching to real property.
  • (21) “Judgment Remedy” means the ability of a judgment creditor to enforce a judgment, including enforcement through a judgment lien.
  • (22) “Legal proceeding” means any action related to the support order that requires service of documents on the parties. For the purposes of OAR 137-055-1140 and 137-055-1160, “legal proceeding” means a proceeding initiated by the administrator.
  • (23) “Medicaid” refers to Title XIX of the Social Security Act (see the definition under “Title XIX”).
  • (24) “Money Award” means a judgment or portion of a judgment that requires the payment of money. A money award will always refer to a sum certain and will not require a payment in installments.
  • (25) “Oregon Health Authority” or “OHA” is the State of Oregon agency acting as the state Medicaid agency for administration of funds from Title XIX and XXI of the Social Security Act and to administer medical assistance under ORS chapter 414.
  • (26) “Oregon Youth Authority”, or “OYA”, is the State of Oregon agency responsible for the supervision, management, and administration of state parole and probation services, community out-of-home placements, and youth correction facilities for youth offenders, and other functions related to state programs for youth corrections.
  • (27) “Party” means an obligor, obligee, a child attending school under ORS 107.108 and OAR 137-055-5110, and includes any person who has been joined to the proceeding.
  • (28) “Responding agency” means the agency that is providing services in response to a referral from an initiating agency in an intergovernmental case.
  • (29) “Subsequent child” means a child whose paternity or support has not been established and who is born to the same parents of another child, or who has not been included in a support order for another child with the same parties.
  • (30) “Support” means monetary payments, health care coverage payments or premiums, cash medical payments or other benefits or payments that a person has been ordered by a court or by administrative process, or has voluntarily agreed, to provide for the benefit and maintenance of another person.
  • (31) “Support Arrearage Lien” means a lien that attaches to real property when an installment becomes due under the terms of a support award and is not paid.
  • (32) “Support Award” means a money award or administrative order that requires the payment of child or spousal support.
  • (33) “Support Order” means a judgment or order, whether temporary, final or subject to modification, which reflects an obligation to contribute to the support of a child, a spouse or a former spouse, and requires an obligor to provide monetary support, health care, arrears or reimbursement. A support order may include related costs and fees, interest, income withholding, attorney fees and other relief.
  • (34) “TANF” means “Temporary Assistance for Needy Families”, a public assistance program which provides case management and cash assistance to low income families with minor children. It is designed to promote personal responsibility and accountability for parents. The goal of the program is to reduce the number of families living in poverty through employment services and community resources. Title IV-A of the Social Security Act is the specific provision that gives grants to states and Tribes for aid and services to needy families with dependent children.
  • (35) “Tiered” order means an order which includes an amount of support to be paid if an adult child becomes a child attending school under ORS 107.108 and OAR 137-055-5110.
  • (36) “Title IV-A” refers to Title IV-A of the Social Security Act, which is the specific provision that gives grants to states and Tribes for aid and services to needy families with dependent children (see “TANF”). Applicants for assistance from IV-A programs are automatically referred to their state IV-D agency in order to identify and locate the non-custodial parent, establish paternity or a child support order, and obtain child support payments.
  • (37) “Title IV-D” refers to Title IV-D of the Social Security Act, which requires each state to create a program to locate noncustodial parents, establish paternity, establish and enforce child support obligations, and collect, distribute and disburse support payments. Recipients of IV-A (TANF), IV-E (foster care), XIX (Medicaid), and Oregon Youth Authority (OYA) assistance are referred to their state’s IV-D child support program. States must also accept applications from families who do not receive assistance, if requested, to assist in collection of child support. Title IV-D also established the federal Office of Child Support Enforcement.
  • (38) “Title IV-E” refers to Title IV-E of the Social Security Act which established a federal-state program known as Foster Care that provides financial support to a person, family, or institution that is raising a child or children that is not their own. The funding for IV-E foster care programs is primarily from federal sources.
  • (39) “Title XIX”, known as Medicaid, refers to Title XIX of the Social Security Act which mandates health care coverage by states for TANF recipients and certain other means-tested categories of persons. Within broad national guidelines which the federal government provides, each state: establishes its own eligibility standards; determines the type, amount, duration, and scope of services; sets the rate of payment for services; and administers its own program. In Oregon, the program is administered by OHA.
  • Stat. Auth.: ORS 18.005, 180.345
  • Stats. Implemented: ORS 25.080
  • Hist.: AFS 10-1990, f. 3-14-90, cert. ef. 4-1-90; AFS 14-1990, f. & cert. ef. 6-7-90; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0001; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-1020; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-1020; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06; DOJ 1-2007, f. & cert. ef. 1-2-07; DOJ 5-2007, f. & cert. ef. 7-2-07; DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-1090
  • Good Cause
  • (1) For the purposes of OAR chapter 137, division 055, “good cause” means the Child Support Program (CSP) is exempt from providing services as defined in ORS 25.080. Specifically excluded from this definition is good cause for not withholding as defined in ORS 25.396 and OAR 137-055-4060 and good cause found for not disbursing support to a child attending school under ORS 107.108 and OAR 137-055-5110.
  • (2) If an obligee believes that physical or emotional harm to the family may result if services under ORS 25.080 are provided, the obligee may request, either verbally or in writing, that the administrator discontinue all activity against the obligor. Upon such a request by an obligee, the administrator will:
  • (a) On an open TANF or Medicaid case, immediately suspend all activity on the case, notify DHS or OHA to add good cause coding, and send a safety packet to the obligee requesting a response be sent to DHS; or
  • (b) On any other case, immediately suspend all activity on the case, add good cause case coding pending a final determination, and send a Client Safety Packet on Good Cause to the obligee requesting a response within 30 days.
  • (3) Good cause must be determined by:
  • (a) The Department of Human Services (DHS), pursuant to OAR 413-100-0830, 461-120-0350, 461-120-0360, 461-135-1200 or 461-135-1205, if TANF or Title IV-E benefits are being provided;
  • (b) The Oregon Health Authority (OHA) if Medicaid benefits are being provided;
  • (c) The Oregon Youth Authority (OYA), pursuant to OAR 416-100-0020 and Policy Statement II-E-1.5, if the child is in OYA’s custody;
  • (d) The Director of the CSP when the provisions of OAR 137-055-3080 apply; or
  • (e) The administrator when the provisions of subsections (a) through (d) of this section do not apply.
  • (4) When the provisions of subsection (3)(e) apply and the obligee makes a written claim that the provision of services may result in emotional or physical harm to the child or obligee or completes and returns the good cause form, the administrator will:
  • (a) Make a finding and determination that it is in the best interests of the child not to provide services;
  • (b) Proceed with case closure pursuant to OAR 137-055-1120; and
  • (c) Except for arrears permanently assigned to the Oregon Youth Authority, satisfy any and all permanently assigned arrears as defined in OAR 137-055-6010.
  • (5) In determining whether providing services is in the best interest of the child under section (3)(d), the CSP Director will consider:
  • (a) The likelihood that provision of services will result in physical or emotional harm to the child or obligee, taking into consideration:
  • (A) Information received from the obligee; or
  • (B) Records or corroborative statements of past physical or emotional harm to the child or obligee, if any.
  • (b) The likelihood that failure to provide services will result in physical or emotional harm to the child or obligee;
  • (c) The degree of cooperation needed to complete the service;
  • (d) The availability and viability of other protections, such as a finding of risk and order for non-disclosure pursuant to OAR 137-055-1160; and
  • (e) The extent of involvement of the child in the services sought.
  • (6) A finding and determination by the CSP Director that good cause does not apply, may be appealed as provided in ORS 183.484.
  • (7) A finding and determination of good cause applies to any case which involves the same obligee and child, or any case in which a child is no longer in the physical custody of the obligee, but there is a support order for the child in favor of the obligee.
  • (8) When an application for services is received from an obligee and TANF, Title IV-E or Medicaid benefits are not being provided, the child is not in OYA’s custody, and there has been a previous finding and determination of good cause, the administrator will:
  • (a) Notify the obligee of the previous finding and determination of good cause and provide a Client Safety Packet;
  • (b) Allow the obligee 30 days to retract the application for services or return appropriate documents from the Client Safety Packet; and
  • (c) If no objection to proceeding or good cause form is received from the obligee, document CSEAS, remove the good cause designation and, if the case has been closed, reopen the case.
  • (9) When an application for services is received from a physical custodian of a child, the physical custodian is not the obligee who originally claimed good cause and TANF, Title IV-E or Medicaid benefits are not being provided, the child is not in OYA’s custody and there is no previous support award, the administrator will open a new case without good cause coding with the physical custodian as the obligee.
  • (10)(a) When an application for services is received from a physical custodian of a child, the physical custodian is not the obligee who originally claimed good cause and TANF, Title IV-E or Medicaid benefits are not being provided, the child is not in OYA’s custody, and the case in which there has been a finding and determination of good cause has a support award in favor of the obligee who originally claimed good cause, the administrator will:
  • (A) Notify the obligee who originally claimed good cause that an application has been received and provide a Client Safety Packet; and
  • (B) Advise the obligee who originally claimed good cause that the previous good cause finding and determination will be treated as a claim of risk as provided in OAR 137-055-1160; and
  • (C) Allow the obligee 30 days to provide a contact address as provided in OAR 137-055-1160.
  • (b) If an objection or good cause form is received from the obligee who originally claimed good cause, or if the location of the obligee who originally claimed good cause is unknown, the administrator will forward the objection, form or case to the Director of the CSP for a determination of whether to proceed;
  • (c) If no objection or good cause form is received from the obligee who originally claimed good cause, the administrator will document CSEAS, make a finding of risk and order for non-disclosure pursuant to OAR 137-055-1160 for that obligee, remove the good cause designation, and, if the case has been closed, reopen the case.
  • (11)(a) If a request for services under ORS chapter 110 is received from another jurisdiction and TANF, Title IV-E or Medicaid benefits are not being provided by the State of Oregon, the child is not in OYA’s custody and there has been a finding and determination of good cause, the administrator will:
  • (A) Notify the referring jurisdiction of the finding and determination of good cause and request that the jurisdiction consult with the obligee to determine whether good cause should still apply; and
  • (B) If the location of the obligee is known, notify the obligee that the referral has been received, provide a Client Safety Packet and ask the obligee to contact both the referring agency and the administrator if there is an objection to proceeding; and
  • (C) Advise the obligee who originally claimed good cause that the previous good cause finding and determination will be treated as a claim of risk as provided in OAR 137-055-1160; and
  • (D) Allow the obligee 30 days to provide a contact address as provided in OAR 137-055-1160.
  • (b) If an objection or good cause form is received from the obligee, the administrator will forward the objection, form or case to the Director of the CSP for a determination of whether to proceed.
  • (c) If there is no objection or good cause form received from the obligee, or if the obligee’s address is unknown, and the referring jurisdiction advises that the finding and determination of good cause no longer applies, the administrator will document CSEAS, remove the good cause designation and, if the case has been closed, reopen the case.
  • (12) If a referral for services under ORS 25.080 is received because TANF, Title IV-E or Medicaid benefits are being provided or the child is in OYA’s custody, and there has been a previous finding and determination of good cause, the administrator will notify the appropriate state agency of the previous finding and determination of good cause and:
  • (a) If TANF, Title IV-E or Medicaid benefits are being provided, DHS will, in consultation with the office which made the good cause finding and determination and as provided in DHS policy SS-PT-05-005, decide whether good cause still applies pursuant to OAR 413-100-0830, 461-135-1200, 461-135-1205, 461-120-0350 or 461-120-0360; or
  • (b) If the child is in OYA’s custody, OYA will, in consultation with the office which made the good cause finding and determination and as provided in OYA Policy II-E-1.5, determine if the circumstances that created the good cause still exist and, if they do not, request that the agency which determined good cause remove the coding.
  • (13) When the provisions of section (12) apply, the administrator will not provide services unless and until good cause coding is removed by the agency who made the good cause finding and determination.
  • (14) Notwithstanding any other provision of this rule, when a case has not previously had a good cause finding and determination and TANF, Title IV-E or Medicaid benefits are being provided or the child is in OYA’s custody, and DHS, OHA or OYA makes a current good cause finding and determination on a related case, the administrator will not provide services on the case or related cases unless and until good cause coding is removed by DHS, OHA or OYA.
  • (15) In any case in which a good cause finding and determination has been made and subsequently removed, past support under ORS 416.422 and OAR 137-055-3220 may not be sought for any periods prior to the determination that good cause no longer applies.
  • (16) In any case in which a good cause finding and determination has been made, and a child attending school as defined in ORS 107.108 and OAR 137-055-5110 is a party to the case, the child attending school may file an application for services pursuant to OAR 137-055-1060, 137-055-1070 and 137-055-5110.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.080
  • Hist.: DOJ 4-2005, f. & cert. ef. 4-1-05; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 6-2006, f. & cert. ef. 10-2-06; DOJ 12-2009, f. & cert. ef. 10-1-09; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-1120
  • Case Closure
  • (1) The administrator may close a child support case whenever the case meets at least one of the following criteria for case closure:
  • (a) There is no longer a current support order, arrears are under $500 and there are no reasonable expectations for collection or the arrears are uncollectible under state law. For the purposes of this subsection, “no longer a current support order” means the support order is not currently accruing or there never was a support order. This subsection specifically includes but is not limited to cases in which:
  • (A) Action to establish support has not been initiated and the child is at least 18 years old;
  • (B) The child has been adopted;
  • (C) The child is deceased; or
  • (D) Parental rights for the child have been terminated;
  • (b) The non-custodial parent or putative father is deceased and no further action, including a levy against the estate, can be taken;
  • (c) Paternity cannot be established because:
  • (A) A parentage test, or a court or administrative process, has excluded the putative father and no other putative father can be identified;
  • (B) The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the administrator with the recipient of services;
  • (C) Action to establish paternity has not been initiated and the child is at least 18 years old; or
  • (D) In a case involving incest or forcible rape, or where legal proceedings for adoption are pending, the administrator has determined that it would not be in the best interests of the child to establish paternity. For the purposes of this paragraph, a determination by the Department of Human Services (DHS) or the Oregon Youth Authority (OYA) that paternity establishment is not in the best interests of the child is sufficient for the administrator to make the same finding.
  • (d) The location of the non-custodial parent is unknown, and the state parent locator service has made regular attempts using multiple sources, all of which have been unsuccessful, to locate the non-custodial parent:
  • (A) Over a three-year period when there is sufficient information to initiate an automated locate effort; or
  • (B) Over a one-year period when there is not sufficient information to initiate an automated locate effort;
  • (e) When paternity is not at issue and the non-custodial parent cannot pay support for the duration of the child’s minority because the parent is both:
  • (A) Institutionalized in a psychiatric facility, is incarcerated with no chance for parole, or has a medically verified total and permanent disability with no evidence of support potential; and
  • (B) Without available income or assets which could be levied or attached for support;
  • (f) The non-custodial parent:
  • (A) Is a citizen of, and lives in, a foreign country;
  • (B) Does not work for the Federal government or for a company or state with headquarters in or offices in the United States;
  • (C) Has no reachable income or assets in the United States; and
  • (D) Oregon has been unable to establish reciprocity with the country;
  • (g) The state parent locator service has provided location-only services based upon a request under 45 CFR 302.35(c)(3);
  • (h) The custodial parent or recipient of services requests closure, and:
  • (A) There is no assignment to the state of medical support; and
  • (B) There is no assignment of arrears that have accrued on the case;
  • (i) An initiating agency requests closure and the agency requesting closure:
  • (A) Has closed its case; or
  • (B) Has advised Oregon that services are no longer needed.
  • (j) The custodial parent or recipient of services is deceased and no trustee or personal representative has requested services to collect arrears;
  • (k) DHS, OYA, the Oregon Health Authority or the administrator pursuant to OAR 137-055-1090, has made a finding of good cause or other exceptions to cooperation and has determined that support enforcement may not proceed without risk or harm to the child or caretaker;
  • (l) In a non-TANF case (excluding a Medicaid case), the administrator is unable to contact the custodial parent, or recipient of services, within 60 calendar days, despite an attempt of at least one letter sent by first class mail to the last known address;
  • (m) In a non-TANF case, the administrator documents the circumstances of non-cooperation by the custodial parent, or recipient of services, and an action by the custodial parent, or applicant for services, is essential for the next step in providing enforcement services; or
  • (n) The administrator documents failure by the initiating agency to take an action which is essential for the next step in providing services.
  • (2)(a)(A) Except as otherwise provided in this section, if the administrator elects to close a case pursuant to subsection (1)(a), (1)(e), (1)(f), (1)(j) or (1)(l) through (1)(n) of this rule, the administrator will notify all parties to the case in writing at least 60 calendar days prior to closure of the case of the intent to close the case.
  • (B) If the administrator elects to close a case pursuant to subsection (1)(b) through (1)(d) of this rule, the administrator:
  • (i) Will notify the obligee and any child attending school in writing at least 60 days prior to closure of the case of the intent to close the case;
  • (ii) Is not required to notify the obligor of the intent to close the case; and
  • (iii) If the provisions of paragraph (1)(c)(D) apply, is not required to notify any other party.
  • (C) If the administrator elects to close a case pursuant to subsection (1)(g) or (1)(i) of this rule, the administrator is not required to notify any party of the intent to close the case. However, if the case is closed pursuant to paragraph (1)(i), the administrator will send a courtesy notice to the parties advising the reason for closure.
  • (D) If the administrator elects to close a case pursuant to subsection (1)(h) of this rule, the administrator will notify all parties to the case in writing at least 60 calendar days prior to closure of the case of the intent to close the case, except:
  • (i) When the case is a Child Welfare or Oregon Youth Authority case in which the child has left state care, an order under OAR 137-055-3290 is not appropriate, and a notice and finding has not been initiated, the case will be closed immediately; and
  • (ii) No closure notice will be sent to the parents unless a parent had contact with the Child Support Program, Child Welfare or the Oregon Youth Authority regarding the child support case.
  • (E) If the administrator elects to close a case pursuant to subsection (1)(k) of this rule, the administrator will:
  • (i) Notify the obligee and any child attending school in writing at least 60 days prior to closure of the case of the intent to close the case; and
  • (ii) Not notify the obligor of the intent to close the case.
  • (b) The 60-day time frame in paragraph (2)(a)(A) is independent of the 60-day calendar time frame in subsection (1)(l).
  • (c) The administrator will document the notice of case closure by entering a narrative line, or lines, on the child support computer system and will include the date of the notice.
  • (d) The content of the notice in paragraph (2)(a)(A) must include, but is not limited to, the specific reason for closure, actions a party can take to prevent closure, and a statement that an individual may reapply for services at any time.
  • (3) Notwithstanding paragraph (2)(a)(A) of this rule, a case may be closed immediately if:
  • (a) All parties agree to waive the notice of intent to close and the 60-day objection period when the notice of intent to close has not yet been sent; or
  • (b) All parties agree to waive the remainder of the 60-day objection period when the notice of intent to close has already been sent.
  • (4) The administrator will keep a case open if, in response to the notice sent pursuant to paragraph (2)(a)(A) of this rule:
  • (a) The applicant or recipient of services:
  • (A) Supplies information which could lead to the establishment of paternity or of a support order, or enforcement of an order; or
  • (B) Reestablishes contact with the administrator, in cases where the administrator proposed to close the case under subsection (1)(l) of this rule; or
  • (b) The party who is not the applicant or recipient of services completes an application for services.
  • (5) A party may request at a later date that the case be reopened if there is a change in circumstances that could lead to the establishment of paternity or a support order, or enforcement of an order, by completing a new application for services.
  • (6) The administrator will document the justification for case closure by entering a narrative line or lines on the child support computer system in sufficient detail to communicate the basis for the case closure.
  • Stat. Auth.: ORS 25.080 & 180.345
  • Stats. Implemented: ORS 25.020 & 25.080
  • Hist.: AFS 35-1986(Temp), f. & ef. 4-14-86; AFS 66-1986, f. & ef. 9-19-86; AFS 27-1988, f. & cert. ef. 4-5-88; AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0055; AFS 15-1993, f. 8-13-93, cert. ef. 8-15-93; AFS 13-1999, f. 10-29-99, cert. ef. 11-1-99; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0050; AFS 2-2001, f. 1-31-01, cert. ef. 2-1-01; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-1120; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-1120; DOJ 4-2005, f. & cert. ef. 4-1-05; DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 6-2006, f. & cert. ef. 10-2-06; DOJ 1-2007, f. & cert. ef. 1-2-07; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-1145
  • Access to Child Support Records
  • (1) When information may be shared pursuant to ORS 25.260, this rule clarifies the type of information which may be accessed through automation or contact and who is authorized to access the information.
  • (2)(a) Information which may be accessed from the Child Support Enforcement Automated System (CSEAS) records by an agency administering programs under Title IV-A of the Social Security Act may include:
  • (A) Obligor name, social security number, date of birth, address and phone number;
  • (B) Obligee name, social security number, date of birth and address;
  • (C) Title IV-A case number;
  • (D) Whether the case carries identifiers indicating:
  • (i) There is a finding or determination of good cause under OAR 137-055-1090, 413-100-0830, 461-120-0350, 461-120-0360, 461-135-1200 or 461-135-1205;
  • (ii) There is an order for nondisclosure of information pursuant to OAR 137-055-1160; or
  • (iii) There is a contact address;
  • (E) Obligor employer name, address, federal identification number and wages;
  • (F) Obligor unemployment compensation benefits;
  • (G) Obligor’s gross quarterly compensation;
  • (H) The name of any jurisdiction with a child support case or order;
  • (I) Child’s name, date of birth and social security number;
  • (J) The date(s) and amount(s) of any support payment distributed and to whom or where it was distributed; and
  • (K) Any information which is not considered confidential, including but not limited to the child support case number, caseload assignment and Child Support Program (CSP) employee roster.
  • (b) Information which may be accessed from CSEAS records by an agency administering programs under Title XIX of the Social Security Act may include:
  • (A) Obligor name, social security number, date of birth, address and phone number;
  • (B) Obligee name, social security number, date of birth and address;
  • (C) Title IV-A case number;
  • (D) Whether the case carries identifiers indicating:
  • (i) There is a finding or determination of good cause under OAR 137-055-1090, 413-100-0830, 461-120-0350, 461-120-0360, 461-135-1200 or 461-135-1205;
  • (ii) There is an order for nondisclosure of information pursuant to OAR 137-055-1160; or
  • (iii) There is a contact address;
  • (E) Obligor’s employer name, address, federal identification number and wages;
  • (F) Obligor’s unemployment compensation benefits;
  • (G) Obligor’s gross quarterly compensation;
  • (H) The name of any jurisdiction with a child support case or order;
  • (I) Child’s name, date of birth and social security number;
  • (J) Whether health care coverage is ordered;
  • (K) Whether health care coverage is provided;
  • (L) Insurer name, address and health insurance policy number;
  • (M) The date(s) and amount(s) of any support payment made to the obligee; and
  • (N) Any information which is not considered confidential, including but not limited to the child support case number, caseload assignment and CSP employee roster.
  • (c) Information which may be accessed from CSEAS records by an agency administering programs under Title I, X, XIV or XVI of the Social Security Act, an agency administering the Food Stamp program, the State Employment Services Agency (including agencies which administer the unemployment compensation program), and agencies administering workers= compensation programs is limited to obligor name, social security number and address and employer name, address and federal identification number.
  • (A) Notwithstanding the provisions of subsection (2)(c), if an agency identified in that subsection receives a written consent to release information as provided in OAR 137-055-1140(12), the agency may have access to information that may be released to a party.
  • (B) In addition to the information listed in subsection (2)(c), the State Employment Services Agency (including agencies which administer the unemployment compensation program) may have access to the history of the obligor’s employers names, addresses and federal identification numbers.
  • (d) Information which may be accessed from CSEAS records by a private industry council, as defined in OAR 137-055-1140, is limited to obligor name, address, phone number and Title IV-A case number.
  • (3) An agency administering a program identified in section (2) of this rule may obtain access for its employees to CSEAS records by entering into an interagency agreement with the Child Support Program (CSP). Any agreement must include provisions under which the agency seeking access agrees to put into place a process that ensures:
  • (a) Each employee given access has read and understands the CSP rules and Division of Child Support conflict of interest policy;
  • (b) Each employee given access agrees to abide by the terms of the CSP rules and policy;
  • (c) Each employee given access agrees to access and use information only for the purposes for which access is allowed as described in this rule;
  • (d) Employees can identify and be screened from conflict of interest cases;
  • (e) The agency, on a regular basis, audits access by employees, including verification of the purpose for which information is accessed and provides the CSP with the results of the audit;
  • (f) Violations are reported to the CSP, including the steps taken by the agency to prevent future violation;
  • (g) Access is revoked as provided in section (4) of this rule; and
  • (h) Access rights are updated, including notifying the CSP when an employee terminates or is transferred.
  • (4) If an employee of an agency described in section (2) of this rule discloses or inappropriately uses the information covered by this rule:
  • (a) The CSP Director, after consulting with the employee’s agency, will determine whether the disclosure or usage occurred or likely occurred; and
  • (b) The employee’s access to information from CSEAS records will be revoked:
  • (A) Temporarily, if a determination by the CSP Director is pending; or
  • (B) Permanently, if a determination by the CSP Director is made that disclosure or usage occurred or likely occurred.
  • (c) The provisions of this section are in addition to any other penalty for disclosure or usage of confidential information imposed by the employee’s agency or by any other provision of law.
  • (5) CSP staff may disclose case information to an employee of an agency described in subsection (2)(a) when:
  • (a) That agency’s employee requests specific information from a branch office;
  • (b) The employee’s agency has entered into an agreement as provided in section (3) of this rule; and
  • (c) The source of the information is not the Internal Revenue Service.
  • (6) CSP staff may disclose information to an employee of an agency described in subsection (2)(b) when:
  • (a) That agency’s employee requests specific information from a branch office;
  • (b) The employee’s agency has entered into an agreement as provided in section (3) of this rule; and
  • (c) The source of the information is not:
  • (A) The Internal Revenue Service;
  • (B) The National Directory of New Hires; or
  • (C) The Federal Case Registry.
  • (7) Information for which disclosure is allowed under section (5) or (6) of this rule may be accessed from CSEAS records if feasible.
  • Stat. Auth.: ORS 25.260, 180.345 & 180.380
  • Stats. Implemented: ORS 25.260
  • Hist.: DOJ 12-2004, f. & cert. ef. 10-1-04; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-3220
  • Establishment of Past Support Orders
  • (1) For purposes of this rule the following definitions apply:
  • (a) “Past support” means the amount of child support that could have been ordered based on the Oregon Child Support Guidelines and accumulated as arrears against a parent for the benefit of a child for any period of time during which the child was not supported by the parent and for which period no support order was in effect.
  • (b) “Supported by the parent” in subsection (1)(a) means payments in cash or in kind in amounts or in-kind value equal to the amount that would have accrued under the Oregon Child Support Guidelines from the non-custodial parent to the custodial parent or other custodial adult for purposes of support of the child.
  • (c) The Oregon Child Support Guidelines means the formula for calculating child support specified in ORS 25.275.
  • (2) The administrator may establish “past support” when establishing a child support order under ORS 416.400 through 416.470.
  • (3) When a non-custodial parent has made payments in cash or in kind to a custodial parent or other custodial adult for the support of the child during the period for which a judgment for past support is sought, and providing that those payments were in amounts equal to or exceeding the amount of support that would have been presumed correct under the Oregon Child Support Guidelines, no past support will be ordered.
  • (4) When such payments as described in section (3) were made in amounts less than the amount of support presumed correct under the Oregon Child Support Guidelines, the amount of the past support judgment will be the correct amount presumed under the Oregon Child Support Guidelines minus any amounts of support paid.
  • (5) The non-custodial parent must provide evidence of such payments as described in sections (3) and (4) by furnishing copies of:
  • (a) Canceled checks;
  • (b) Cash or money order receipts;
  • (c) Any other type of funds transfer records;
  • (d) Merchandise receipts;
  • (e) Verification of payments from the custodial parent or other custodial adult;
  • (f) Any other record of payment deemed acceptable by the administrator.
  • (6) It will be within the discretion of the administrator to determine whether to accept evidence of such cash or in-kind support payments for purposes of giving credit for them. If any party disagrees with this determination, the support determination may be appealed to an administrative law judge per ORS 416.427.
  • (7) Past support may not be ordered for any period of time prior to the later of:
  • (a) October 1, 1995; or
  • (b) The date of the initiation of IV-D services from any jurisdiction by application for services; or in case of a mandatory referral based on the receipt of TANF cash assistance, Medicaid, foster care or Oregon Youth Authority services, the date of the referral to the Child Support Program (CSP).
  • (8) If the support case was initiated from another jurisdiction, the date of application for services will be considered to be either:
  • (a) The date the initiating jurisdiction requests past support to begin but not before October 1, 1995; or
  • (b) If the initiating jurisdiction requests that past support be established for multiple periods of time, the beginning date of the most recent period but not before October 1, 1995; or
  • (c) If the initiating jurisdiction does not specify a beginning date for past support, the date of the initiating petition but not before October 1, 1995.
  • (9) Where CSP services did not produce a support order and CSP services were terminated by the applicant or by the CSP agency per state and federal regulations and subsequently CSP services were initiated again, the administrator will not establish past support prior to the date of the most recent initiation of CSP services. If an initiating jurisdiction requests that past support be established for two or more periods of time, past support will be established only for the most recent period.
  • (10) If there is or was a child support judgment in existence in any jurisdiction for the non-custodial parent to pay support to the obligee for the same child, no order for past support will be entered for a period of time before entry of the child support judgment already or previously existing except as provided in OAR 137-055-3200.
  • (11) Where the order to be entered is for past support only and does not include current support and the past support would be owed only to the State of Oregon or another jurisdiction, the administrator will not enter an order for past support for a period of less than four months.
  • (12) Past support will be calculated per the Oregon Child Support Guidelines and will use current income for the parties in calculating past support monthly amounts. Parties may rebut use of current income by presenting evidence of income in differing amounts for the months for which past support is being ordered.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 416.422
  • Hist.: AFS 28-1995, f. 11-2-95, cert. ef. 11-3-95; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-1010; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3220; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3220; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-3240
  • Establishment of Arrears
  • (1) The administrator will establish arrears on support cases when the following conditions have been met:
  • (a) Services are being provided under ORS 25.080;
  • (b) There is an Oregon support order or an order from another jurisdiction has been registered in Oregon;
  • (c) The administrator has determined that there is a need to establish the arrears balance on the case because:
  • (A) The administrator has no record or an incomplete accounting case record;
  • (B) An establishment of income withholding has been requested by an obligor or obligee pursuant to ORS 25.381; or
  • (C) There is a reason which necessitates that the arrears on the case record be reestablished; and
  • (D) There has been a request for arrears establishment by a party.
  • (2) A party requesting establishment or reestablishment of arrears must furnish an accounting that shows the payment history in as much detail as is necessary to demonstrate the periods and amounts of any arrears.
  • (3) Where arrears had earlier been established, through a process which afforded notice and an opportunity to contest to the parties, the arrears from that period will not be reestablished except that if interest had not been included in the establishment, interest may be added for that period.
  • (4) The administrator may establish or reestablish arrears by either:
  • (a) Use of the judicial process authorized under ORS 25.167; or
  • (b) Use of the administrative process authorized under ORS 416.429.
  • (5) Upon completion of the arrears establishment process in subsection (4)(a) or subsection (4)(b) of this rule, the case record will be adjusted to reflect the new arrears amount.
  • (6) Notwithstanding any other provision of this rule, when applicable, arrears will be established pursuant to ORS 25.015.
  • (7) Arrears for a child attending school as defined in OAR 137-055-5110, will be as set forth in OAR 137-055-5120.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.015, 25.167, 25.381, 416.429
  • Hist.: AFS 5-1996, f. 2-21-96, cert. ef. 3-1-96; AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0047; AFS 2-2001, f. 1-31-01, cert. ef. 2-1-01; AFS 15-2002, f. 10-30-02, ef. 11-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3240; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3240; DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 5-2007, f. & cert. ef. 7-2-07; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-3400
  • District Attorney Case Assignment for Modification or Suspension of Support
  • (1)(a) The purpose of this rule is to provide criteria for determining which Oregon District Attorney will have responsibility for initiating action to review and modify an Oregon judgment, or administrative order that requires payment of child support. This rule applies only when both of the following conditions exist:
  • (A) An Oregon District Attorney has responsibility for providing support enforcement services under ORS 25.080; and
  • (B) Either of the following is true:
  • (i) A party to the case has requested a review and modification, as provided in OAR 137-055-3420, for purposes of changing the amount of the monthly support obligation; or
  • (ii) The obligor is presumed entitled to a suspension of the support obligation as a recipient of certain cash assistance, as provided in ORS 25.245.
  • (b) This rule does not apply to a Division of Child Support (DCS) office that is performing district attorney functions.
  • (2) For purposes of this rule, the following definitions apply:
  • (a) “Requesting party” means the party requesting the district attorney to review and modify the support obligation;
  • (A) The requesting party may be the obligor, the obligee, or the child attending school;
  • (B) An obligor deemed presumptively eligible for a suspension under ORS 25.245 will be considered the “requesting party”;
  • (b) “Non-requesting party” means any party that is not the party as defined in subsection (2)(a), above.
  • (3) In any case where there are arrears, the district attorney responsible under OAR 137-055-2040 for enforcing the case will, if the support order is in another Oregon county, transfer in the order for review and modification under ORS 25.100.
  • (4) In any case where there are no arrears:
  • (a) If all the parties reside in the same Oregon county, but the support order is in another county:
  • (A) The district attorney for the county of residence of the parties will be responsible for review and modification action;
  • (B) The district attorney for the county of residence may transfer in the support order for review and modification under ORS 25.100, as the county of residence for the non-requesting party.
  • (b) If any of the parties reside in the same Oregon county that is the county of the support order, the district attorney for that county will be responsible for review and modification action;
  • (c) If the support order, the requesting party, and the non-requesting party(ies) are all in different counties:
  • (A) If the district attorney for the county of the requesting party has previously transferred the support order to the requesting party’s county for enforcement, the district attorney for the enforcing county will be responsible for review and modification action;
  • (B) If the case is not currently open as an enforcement case under ORS 25.080, or if the district attorney for the requesting party’s county has never transferred the support order for enforcement:
  • (i) That district attorney will refer the requesting party to the district attorney for the county of the support order;
  • (ii) The district attorney for the county of the support order will then be responsible for review and modification action;
  • (C) If the case is currently open as an enforcement case under ORS 25.080:
  • (i) The district attorney for the enforcing county will transfer the enforcement case to the district attorney for the county of the support order;
  • (ii) The district attorney for the county of the support order will then be responsible for review and modification action;
  • (iii) Once the review and modification is completed, the district attorney for the county of the support order will transfer the enforcement case back to the proper enforcement county under OAR 137-055-2020.
  • (5) If the requesting party does not reside in Oregon, and regardless of whether the case has arrears or not:
  • (a) If the requesting party’s case is already being enforced, the administrator will advise the requesting party to direct the request to the child support program in that other jurisdiction. The other child support program may then ask the administrator to pursue action under appropriate state and federal statutes;
  • (b) If the requesting party’s support case is not being enforced under the child support program in another jurisdiction, the administrator will handle the request under sections (3) and (4) of this rule.
  • (6) If the non-requesting party(ies) does not reside in Oregon, the district attorney will handle the request under sections (3) and (4) of this rule.
  • (7) The matrix set out in Table 1, is included in this rule as an aid, and incorporates preceding sections of this rule: [Table not included. See Ed. Note.}
  • (8) Notwithstanding subsection (1)(b), all functions and responsibilities assigned to Oregon District Attorneys under this rule will also be considered assigned to DCS, for those counties where DCS has assumed responsibility from the district attorney for providing support enforcement services.
  • [ED. NOTE: Tables referenced are available from the agency.]
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.080 & 25.287
  • Hist.: AFS 33-1992, f. 11-17-92, cert. ef. 12-1-92; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0074; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3400; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3400; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 5-2005, f. & cert. ef. 7-15-05; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-3420
  • Periodic Review and Modification of Child Support Order Amounts
  • (1) In addition to the definitions found in ORS 25.321 and OAR 137-050-0750, for the purposes of this rule, the following definitions apply:
  • (a) “Determination” means an order resulting from a periodic review, which finds that the current order of support is in “substantial compliance” with the Oregon guidelines (OAR 137-050-0700 through 137-050-0765) and appropriate health care coverage or cash medical support is ordered against one or both parties.
  • (b) “Periodic Review” means proceedings initiated under ORS 25.287.
  • (c) “Review” means an objective evaluation by the administrator of the information necessary for application of the guidelines to determine:
  • (A) The presumptively correct child support amount; and
  • (B) The need to provide in the order for the child’s health care needs through appropriate health care coverage or cash medical support regardless of whether an adjustment in the amount of child support is necessary.
  • (d) “Substantial compliance” means that the current support order is within at least 15 percent or $50, whichever is less, of the presumptively correct child support amount as calculated using the guidelines. When making this determination, the 15 percent or $50 formula will be applied to the currently ordered support amount.
  • (2) For all child support cases receiving support enforcement services under ORS 25.080, the Child Support Program (CSP) will annually notify the parties:
  • (a) Of their right to request a periodic review of the amount of support ordered; and
  • (b) That the CSP will perform a mandatory periodic review and adjustment if the family is currently receiving TANF.
  • (3) The purpose of a periodic review is to determine, based on information from the parties and other sources as appropriate, whether the current child support order should be modified to ensure substantial compliance with Oregon’s child support guidelines, or to order appropriate health care coverage or cash medical support for the child.
  • (4) The administrator will initiate a periodic review if a written request is received from any party and 35 months have passed since the date the most recent support order took effect, or the date of a determination that the most recent support order should not be adjusted. For purposes of calculating the 35-month time period, a suspension and temporary modification order entered pursuant to ORS 416.425(13) will not be considered.
  • (5) The administrator will initiate a periodic review when 35 months have passed since the date the most recent support order took effect, or the date of a determination that the most recent support order should not be adjusted, and the family is currently receiving TANF. For purposes of calculating the 35-month time period, any suspension and temporary modification order entered pursuant to ORS 416.425(13) will not be considered.
  • (6) The administrator must complete the determination that the order is in substantial compliance with the guidelines and appropriate health care coverage or cash medical support is ordered, or complete the modification of the existing order within 180 days of receiving a written request for a periodic review, initiating the mandatory review, or locating the non-requesting party(ies), if necessary, whichever occurs later.
  • (7) The administrator is responsible for conducting a periodic review in this state or for requesting that another jurisdiction conduct a review pursuant to OAR 137-055-7190. As provided in ORS 110.429 and 110.432, the law of the jurisdiction reviewing the order applies in determining if a basis for modification exists.
  • (8) Upon receipt of a written request for a periodic review or when a mandatory periodic review is required, the administrator will notify the parties of the review in writing, allowing the parties 30 days to provide information which may affect the support calculation.
  • (9) The administrator will notify the parties in writing of the presumed correct support amount under the child support guidelines and the need to order appropriate health care coverage or cash medical support. Notification may be by motion for modification or a proposed determination that the existing order is in substantial compliance and appropriate health care coverage or cash medical support is already ordered, and will include a request for hearing form.
  • (10) If the administrator determines that the support order should be modified and there is an adult child on the case, the proposed modification will be a tiered order as defined in OAR 137-055-1020.
  • Stat. Auth.: ORS 180.345 & 416.455
  • Stats. Implemented: ORS 25.080, 25.287, 25.321 - 25.343, 107.135 & 416.425
  • Hist.: AFS 65-1989, f. 10-31-89, cert. ef. 11-1-89; AFS 11-1992(Temp), f. & cert. ef. 4-30-92; AFS 26-1992, f. & cert. ef. 9-30-92; AFS 20-1993, f. 10-11-93, cert. ef. 10-13-93; AFS 21-1994, f. 9-13-94, cert. ef. 12-1-94; AFS 17-1997(Temp), f. & cert. ef. 9-16-97; AFS 17-1997(Temp) Repealed by AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 75-1998, f. 9-11-98, cert. ef. 9-15-98; AFS 13-1999, f. 10-29-99, cert. ef. 11-1-99; AFS 9-2000, f. 3-13-00, cert. ef. 4-1-00; AFS 21-2000, f. & cert. ef. 8-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0072; AFS 23-2001, f. 10-2-01, cert. ef. 10-6-01; AFS 28-2001, f. 12-28-01, cert. ef. 1-1-02; SSP 4-2003, f. 2-25-03, cert. ef. 3-1-03; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-3420; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-3420; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 10-2004, f. & cert. ef. 7-1-04; DOJ 4-2005, f. & cert. ef. 4-1-05; DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06; DOJ 8-2007, f. 9-28-07, cert. ef. 10-1-07; DOJ 11-2008(Temp), f. & cert. ef. 7-15-08 thru 9-30-08; DOJ 12-2008(Temp), f. & cert. ef. 10-1-08 thru 3-29-09; DOJ 14-2008(Temp), f. & cert. ef. 10-7-08 thru 3-29-09; DOJ 1-2009, f. & cert. ef. 1-2-09; DOJ 4-2009(Temp), f. 5-6-09, cert. ef. 5-7-09 thru 11-1-09; DOJ 13-2009, f. & cert. ef. 10-30-09; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-4040
  • New Hire Reporting Requirements
  • (1) Employers with employees who work only in this state or who have designated Oregon as their reporting state with the United States Secretary of Health and Human Services must transmit information regarding the hiring or rehiring of any employee by:
  • (a) Mailing or faxing to the Division of Child Support (DCS) a copy of the IRS W-4 Form completed by the newly hired employee; or
  • (b) Mailing or faxing to DCS a completed form adopted by DCS; or
  • (c) Sending to DCS a magnetic tape or diskette, as specified by DCS; or
  • (d) Any other method approved by DCS.
  • (2) Reports made under this section must contain the employer’s name, address and federal tax identification number and the employee’s name, address and social security number.
  • (3) Reports made by copy of W-4 form or by the form adopted by DCS must be sent to DCS not later than 20 days after the employer hires or rehires the employee. Employers who transmit the reporting data magnetically or electronically must transmit the data within 12 to 16 days of hiring or rehiring the employee.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.790
  • Hist.: AFS 16-1998, f. 9-16-98, cert. ef. 10-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0236; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4040; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-4040; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-4455
  • Expiration of Support Judgment Remedies
  • (1) Judgment remedies for the child support award portion of a judgment, and any lump sum money award for unpaid child support installments, expire 35 years after the entry of the judgment that first establishes the support obligation.
  • (2) Notwithstanding any other provisions of this rule, when the child support judgment being enforced was issued by another jurisdiction, the expiration of judgment under the laws of this state or of the issuing jurisdiction, whichever is longer, applies.
  • (3) Spousal support judgments entered on or after January 1, 2004: Judgment remedies for any unpaid installment under the spousal support award portion of a judgment, expire the later of:
  • (a) 25 years after entry of the judgment that first establishes the support obligation; or
  • (b) 10 years after an installment comes due under the judgment and is not paid.
  • (4) Spousal support judgments entered prior to January 1, 2004: Judgment remedies for any unpaid installment under the spousal support award portion of a judgment, expire the later of:
  • (a) 25 years after entry of the judgment that first establishes the support obligation; or
  • (b) 10 years after an installment comes due under the judgment and is not paid; or
  • (c) 10 years from the date of a judgment renewal.
  • (5) The judgment remedies for a money award for child or spousal support expire by operation of law.
  • (6) The Department of Justice, Division of Child Support (DCS) is responsible for completing expiration of judgment audits on cases receiving support enforcement services under ORS 25.080.
  • (7) If an audit result is that the expired judgment amount is greater than the current arrears on the case, DCS will reduce the case arrears to zero.
  • (8) When an expiration of judgment audit is completed, DCS will notify the parties if there is any change to the arrears as a result of the audit. The notice must include:
  • (a) The current balance or zero, as appropriate, per section (7) of this rule;
  • (b) Information that a party may make a written request for an administrative review within 30 days of the notice.
  • (9) If a party requests an administrative review, DCS will:
  • (a) Conduct the administrative review within 45 days from the date of receiving the objection to verify the case was adjusted correctly and make any necessary corrections or adjustments as determined in the review;
  • (b) Notify both the obligee and the obligor, in writing, of the results of the review and of the right to appeal pursuant to ORS 183.484
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 18.180 - 18.194
  • Hist.: AFS 15-2001, f. 7-31-01, cert. ef. 8-1-01; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6110; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-6110; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; Renumbered from 137-055-6110, DOJ 5-2005, f. & cert. ef. 7-15-05; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-4540
  • Passport Denial and Release
  • (1) When the administrator submits delinquent child support accounts for administrative offset pursuant to OAR 137-055-4340, the federal Office of Child Support Enforcement (OCSE) will select individual obligors with a total delinquency in excess of $2,500 for passport denial.
  • (2) Passport denial means that pursuant to 42 U.S. Code 652(k), the United States Secretary of State will refuse to issue a passport and may revoke, restrict or limit a passport which was previously issued.
  • (3) The parties will receive notice of passport denial with the notice of administrative offset specified in OAR 137-055-4340. The notice will advise the parties of the right to an administrative review under OAR 137-055-4340.
  • (4) An obligor whose passport has been denied may request an administrative review. The administrator will conduct a review and notify the parties of the decision. The only issues that may be considered in the review are whether:
  • (a) The administrator erroneously submitted the obligor to OCSE for passport denial, such as mistaken identity or an error in recordkeeping or accounting;
  • (b) The obligor has provided documentation of a life or death situation involving an immediate family member, as defined by OCSE; or
  • (c) The obligor has paid as ordered, but the arrearage that caused the case to be submitted for passport denial resulted solely from one or more orders for past support or upward modifications filed in court within one year of the administrator=s receipt of the request for review.
  • (5) If at any time the administrator finds that the obligor qualifies for passport release under one or more of the criteria in subsections (4)(a) through (4)(c), the administrator will notify OCSE to release the passport.
  • (6) Passport denial will continue until the delinquency is paid in full, unless the administrator determines the obligor qualifies for passport release under this rule.
  • (7) Where a passport has been denied and the obligor has paid the delinquency in full or the administrator determines the obligor qualifies for passport release under this rule, the administrator will notify OCSE to release the passport. Notice will be by the process specified by OCSE.
  • Stat. Auth.: ORS 25.625 & 180.345
  • Stats. Implemented: ORS 25.625
  • Hist.: AFS 23-1997, f. 12-29-97, cert. ef. 1-1-9; AFS 15-2000, f. 5-31-00, cert. ef. 6-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0234; AFS 2-2001, f. 1-31-01, cert. ef. 2-1-01; AFS 15-2001, f. 7-31-01, cert. ef. 8-1-01; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-4540; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-4540; DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 6-2006, f. & cert. ef. 10-2-06; DOJ 13-2008, f. & cert. ef. 10-1-08; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-5080
  • Adding Interest Calculations to Individual Support Cases
  • (1) For a support case with an Oregon support order as the controlling order, the administrator will add interest calculations to the case by using the establishment of arrears process set out in OAR 137-055-3240 under the following conditions:
  • (a) The party makes a written request that the interest be added to the case;
  • (b) The requesting party provides a month by month calculation showing support accrual, principal due and interest accrual for each month with total principal and interest due as separate totals at the end of the calculations; and
  • (c) The interest is calculated per ORS 82.010 from the date of entry of a judgment in Oregon.
  • (2) The administrator may limit adding interest to the case under section (1) of this rule to one time every 24 months.
  • (3) For a case with a controlling support order from another jurisdiction, the law of the jurisdiction which issued the controlling order governs the computation and accrual of interest under the support order. Interest accrued under the laws of the jurisdiction which issued the controlling order may be added to the Oregon case by administratively reconciling the case record when interest amounts are provided by the other jurisdiction. The administrator will send an informational notice to the parties when the case is adjusted.
  • Stat. Auth.: Sec. 2, Ch. 73 OL 2003
  • Stats. Implemented: ORS 25.167, 82.010 & 416.429
  • Hist.: AFS 6-1996, f. 2-21-96, cert. ef. 3-1-96; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0048; AFS 15-2001, f. 7-31-01, cert. ef. 8-1-01; AFS 15-2002, f. 10-30-02, ef. 11-1-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5080; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-5080; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-5220
  • Satisfaction of Support Awards
  • The purpose of this rule is to define how the Division of Child Support (DCS) will credit “satisfactions of support award” in certain circumstances. This rule must not be construed as limiting the authority of DCS to approve or credit a satisfaction of support award in other lawful circumstances not specified in this rule.
  • (1) When support payment records are kept by the Department of Justice, an obligee may satisfy amounts indicated on the case records as past due by filing a properly-completed “satisfaction of support award” form with the administrator, subject to approval by DCS under the provisions of this rule; or in accordance with OAR 137-055-5240.
  • (2) When current support or arrears are assigned to the State of Oregon or to another jurisdiction, and the obligor is seeking credit for support payments not made through DCS:
  • (a) DCS and its attorneys have authority to approve and sign satisfactions.
  • (b) This authority may be exercised only when the obligee has signed a satisfaction of support award form which acknowledges that the support payment was received.
  • (3) DCS and its attorneys have authority to sign and approve satisfactions of support award for money paid through DCS as payment of assigned support.
  • (4) DCS will record, on the case record, all properly-completed satisfactions of support award not assigned, and all satisfactions ordered by a court or a hearing order, and all satisfactions for assigned support that are approved in accordance with this rule. DCS will also promptly forward the satisfaction form to the appropriate court administrator, together with a certificate stating the amount of support satisfaction entered on the case record.
  • (5) Except when satisfied and approved by DCS and its attorneys or by a court or hearing order, DCS will not enter a satisfaction on a case record for support that has been assigned to the State of Oregon or another jurisdiction.
  • (6) When DCS rejects a satisfaction in part or in full as provided in section (5) above, DCS will send written notice to the obligor and obligee, by regular mail to the most recent address of record. Such notice will indicate the reason for the rejection.
  • (7) All satisfactions must contain the following:
  • (a) The full names of both the obligor and the obligee;
  • (b) The name of the Oregon county where the support award was entered;
  • (c) The Oregon Child Support Program support case number, or the circuit court case number;
  • (d) Either:
  • (A) The total dollar amount to be satisfied; or
  • (B) The period of time for which past due support is satisfied;
  • (e) A statement that the satisfaction is only for child support or spousal support;
  • (f) The signature of the obligee, except for those satisfactions approved under sections
  • (2) and (3) of this rule, where the obligee’s signature is not required; and
  • (g) The date the form is signed.
  • (8) All signatures on “satisfactions of support award” must be notarized, except on court orders.
  • (9) Notwithstanding any other provision of this rule, DCS has the authority to file and execute a satisfaction, without the need to notarize such satisfaction, when all of the following are true:
  • (a) The obligor provides a sworn affidavit that the support award has been paid in full, and
  • (b) DCS certifies that it has a complete payment record for the support award and that the payment records shows no arrears. DCS will be considered to have a complete pay record if DCS has kept the pay record for the support judgment from the date of the first support payment required under the award, or if the obligee or the administrator established arrears for the time period when DCS did not keep the pay record on the case.
  • (10) When DCS receives a sworn affidavit under the provisions of subsection (9)(a) of this rule, DCS will examine its support records and determine if it has the authority under section (9) of this rule to execute and file a satisfaction of support award. DCS will promptly notify the obligor if DCS determines that it does not have authority to execute and file a satisfaction of support award. DCS will also determine if any amounts due for support were not assigned to the state. If DCS determines that any amounts were not assigned to the state, DCS will give notice to the obligee in the manner provided by ORS 25.085. The notice must inform the obligee that DCS will execute and file the satisfaction of support award unless DCS receives an objection and request for hearing within 30 days after the date of mailing the notice.
  • (11) If the obligee requests a hearing under section (10) of this rule, a contested case hearing will be conducted under ORS 183.310 to 183.502 before an administrative law judge.
  • (12) If support is owed to a child attending school the obligee may only satisfy arrears as defined in OAR 137-055-5120.
  • Stat. Auth.: ORS 18.225 & 180.345
  • Stats. Implemented: ORS 18.225 - 238 & 25.020
  • Hist.: AFS 21-1978, f. & ef. 5-30-78; AFS 26-1979(Temp), f. & ef. 8-16-79; AFS 22-1980, f. & ef. 4-3-80; AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0005; AFS 17-1991, f. & cert. ef. 8-29-91; AFS 9-1992, f. & cert. ef. 4-1-92; AFS 19-1995, f. 8-30-95, cert. ef. 9-9-95; AFS 14-1996, f. 4-24-96, cert. ef. 5-1-96; AFS 28-1996, f. & cert. ef. 7-1-96; AFS 23-1997, f. 12-29-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0155; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5220; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-5220; DOJ 2-2004, f. 1-2-04 cert. ef. 1-5-04; DOJ 12-2004, f. & cert. ef. 10-1-04; DOJ 9-2005, f. & cert. ef. 10-3-05; DOJ 5-2006, f. 6-29-06, cert. ef. 7-3-06; DOJ 1-2010, f. & cert. ef. 1-4-10; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-5240
  • Credit for Support Payments not made to the Division of Child Support
  • (1) In accordance with ORS 25.020, on any support case where the obligor is required to pay support through the Division of Child Support (DCS), DCS will not credit the obligor’s support account for any payment not made through DCS, except as provided in ORS 25.020 and this rule.
  • (2) The other provisions of this rule notwithstanding, on any case where an order of another jurisdiction is registered in Oregon under ORS Chapter 110 for enforcement only, and either the issuing jurisdiction or the jurisdiction in which the obligee resides has an active child support accounting case open, DCS does not have authority to give credit for payments not paid through Oregon DCS. In any such case, the obligor seeking credit must request credit from the jurisdiction with the active child support accounting case. DCS will adjust its records to reflect credit for such payments only upon receiving notification from the other jurisdiction, in writing, by electronic transmission, by telephone, or by court order, that specified payments will be credited.
  • (3) DCS will give credit for payments not made to DCS when:
  • (a) Payments are not assigned to the State of Oregon or to another jurisdiction, and
  • (A) The obligor, obligee and the party who received the payment agree in writing that specific payments were made and should be credited; or
  • (B) The obligor and the child attending school, as defined in ORS 107.108 and OAR 137-055-5110, agree in writing that specific payments were made and should be credited for amounts that accrued during the time the child was a child attending school.
  • (b) Payments are assigned to the State of Oregon, and all of the following additional conditions are true:
  • (A) The parties make sworn written statements that specific payments were made;
  • (B) The parties present canceled checks, or other substantial evidence, to corroborate that the payments were made; and
  • (C) The administrator has given written notice to the obligee or the child attending school, prior to the obligee or the child attending school making a sworn written statement under subsection (b), of any potential criminal or civil liability that may attach to an admission of receiving the assigned support. Potential criminal or civil liability may include, but is not limited to:
  • (i) Prosecution for unlawfully receiving public assistance benefits.
  • (ii) Liability for repayment of any public assistance overpayments for which the obligee or child attending school may be liable.
  • (iii) Temporary or permanent disqualification from receiving public assistance, food stamp, or medical assistance benefits due to an intentional program violation being established against the obligee or child attending school for failure to report, to the administrator, having received payments directly from the obligor.
  • (c) The administrator is enforcing the case at the request of another jurisdiction, regardless of whether or not support is assigned, and that jurisdiction verifies that payments not paid to DCS were received by the other jurisdiction or by the obligee directly. Such verification may be in writing, by electronic transmission, by telephone, or by court order.
  • (d) An order of an administrative law judge, or an order from a court of appropriate jurisdiction, so specifies.
  • (4) To receive credit for payments not made to DCS, the obligor may apply directly to the administrator for credit, by providing the documents and evidence specified in section (3) of this rule.
  • (5) Except as provided in section (2) of this rule if the obligee, a child attending school, or other jurisdiction does not agree that payments were made, pursuant to subsection (3)(a) or (3)(c) of this rule, or does not make a sworn written statement under subsection (3)(b), the obligor may make a written request to the administrator for a hearing.
  • (a) Prior notice of the hearing and of the right to object will be served upon the obligee in accordance with ORS 25.085 and the child attending school.
  • (b) Prior notice of the hearing and of the right to object may be served upon the obligor by regular mail to the address provided by the obligor when applying for credit.
  • (c) A hearing conducted under this rule is a contested case hearing in accordance with ORS 183.413 through ORS 183.470. Any party may also seek a hearing de novo in the Oregon circuit court.
  • (d) After the hearing, an administrative law judge may order DCS to credit the obligor’s support account for a specified dollar amount of payments not made through DCS, or for all payments owed through a specified date.
  • (e) The other provisions of this section notwithstanding, an administrative law judge does not have jurisdiction under this section in cases where the administrator is enforcing another jurisdiction’s order.
  • (6) Nothing in this rule precludes DCS from giving credit for payments not made through DCS when a judicial determination has been made giving credit or satisfaction, or when the person to whom the support is owed has completed and signed a “satisfaction of support judgment” form adopted by DCS in accordance with OAR 137-055-5220.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.020 & 25.085
  • Hist.: AFS 42-1995, f. 1-28-95, cert. ef. 1-1-96; AFS 8-1996, f. 2-23-96, cert. ef. 3-1-96; AFS 7-1998, f. 3-30-98, cert. ef. 4-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0157; AFS 15-2002, f. 10-30-02, ef. 11-1-02; SSP 15-2003, f. 6-25-03, cert. ef. 6-30-03; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-5240; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-5240; DOJ 8-2005(Temp), f. & cert. ef. 9-1-05 thru 2-17-06; DOJ 1-2006, f & cert. ef. 1-3-06; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-6120
  • Satisfaction of Arrears for Less Than Full Payment
  • The Division of Child Support (DCS) may satisfy all or any portion of child support arrears that are assigned to the State of Oregon or to any other jurisdiction, subject to the following:
  • (1) DCS may satisfy all or any portion of assigned arrears only if one or more of the following circumstances apply:
  • (a) The arrears are a substantial hardship to the paying parent or that parent’s household; or
  • (b) A compromise of amounts owing will result in greater collection on the case, considering the maximum amount that DCS could reasonably expect to collect from the obligor if no compromise was made and the probable costs of collecting that maximum amount; or
  • (c) The obligor has entered into an agreement with DCS to take steps to:
  • (A) Enhance the obligor’s ability to pay child support; or
  • (B) Enhance the obligor’s relationship with the child or children for whom the obligor owes the arrears.
  • (d) An error or legal defect has occurred that indicates a reduction may be appropriate.
  • (2) If all or any portion of the assigned arrears are the “state’s temporarily-assigned arrears” as defined in OAR 137-055-6010, DCS may satisfy the amount only if the obligee consents and signs the appropriate “satisfaction of support judgment” form.
  • (3) If all or any portion of the assigned arrears are assigned to another jurisdiction, DCS may satisfy that assigned amount only with the approval of that jurisdiction.
  • (4) DCS will not sign any satisfaction for less than full payment of arrears until:
  • (a) The obligor has paid the full amount agreed to as appropriate consideration, and the obligor’s payment instrument has cleared the appropriate financial institutions; or
  • (b) DCS has determined that the obligor has satisfactorily met, or is complying with, any agreement made with DCS pursuant to this rule.
  • (5) DCS will record a summary of each agreement to satisfy arrears for less than full payment on the appropriate microimaging or computer file on the case.
  • (6) Any satisfaction executed under this rule will be made pursuant to, and in full compliance with, ORS 18.228.
  • (7) The provisions of this rule notwithstanding, the obligee may satisfy all or any portion of unassigned arrears due the obligee, pursuant to OAR 137-055-5220.
  • (8) Nothing in this rule precludes the administrator from negotiating a satisfaction of arrears due or potentially due the obligee for less than full payment by the obligor, but such satisfaction will take effect only when the obligee consents and signs a “satisfaction of support judgment” pursuant to OAR 137-055-5220.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 18.400, 25.020 & 25.080
  • Hist.: AFS 77-1982, f. 8-5-82, ef. 9-1-82; AFS 93-1982, f. & ef. 10-18-82; AFS 66-1989, f. 11-28-89, cert. ef. 12-1-89, Renumbered from 461-035-0025; AFS 11-2000, f. 4-28-00, cert. ef. 5-1-00; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0150; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-6120; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-6120; DOJ 9-2005, f. & cert. ef. 10-3-05; DOJ 1-2007, f. & cert. ef. 1-2-07; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7020
  • Interstate Cases
  • OAR 137-055-7020 through 137-055-7180 constitute the guidelines for processing intergovernmental child support cases receiving support enforcement services under ORS 25.080.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.729, 110.303 – 110.452
  • Hist.: AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2300; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7020; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7020; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7040
  • Central Registry
  • (1) The central registry required by 45 CFR 303.7 is established within the Department of Justice, Division of Child Support. It is responsible for receiving, distributing and responding to inquiries on all incoming intergovernmental requests.
  • (2) Within ten working days of receipt of request from an initiating agency or other petitioner, the central registry will:
  • (a) Review the documentation submitted with the request to determine completeness;
  • (b) Forward the request for necessary action either to the State Parent Locator Service for location services or to the administrator for processing;
  • (c) Acknowledge receipt of the request and ask the initiating agency or other petitioner to provide any missing documentation; and
  • (d) Inform the initiating agency or other petitioner where the request has been sent for action.
  • (3) If the documentation received with a request is inadequate, the central registry will forward the request to the appropriate branch or DA office to take appropriate action pending receipt of additional documentation.
  • (4) The central registry must respond to inquiries about case status within five working days from receipt of the request.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.729, 110.303 – 110.452
  • Hist.: AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2310; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7040; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7040; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7060
  • Initiating Oregon Administrator’s Responsibilities (General Provisions)
  • (1) The administrator will use a one-state process, when appropriate, to establish, enforce, or modify a support order, or to determine parentage.
  • (2) The administrator will determine:
  • (a) Whether one order exists or multiple orders exist for the same child and obligor;
  • (b) If there are multiple orders, which jurisdiction should complete a controlling order determination; and
  • (c) Whether a one-state process is appropriate.
  • (3) Within 20 calendar days of completing the actions in section (1) and after receipt of any documentation necessary to process a case, the administrator will:
  • (a) Refer a request for a controlling order determination and reconciliation of arrears, if needed, to the appropriate jurisdiction;
  • (b) If a one-state process is not appropriate, use federally prescribed forms and procedures to refer the case to the appropriate central registry, tribal IV-D program or central authority of a country for appropriate action.
  • (4) The administrator will send any requested additional information within 30 calendar days of receipt of the request or notify the responding jurisdiction when the information will be provided.
  • (5) The administrator will notify the responding jurisdiction within ten working days of receipt of new case information.
  • (6) The administrator will notify the responding jurisdiction at least annually, and upon request, of interest charges, if any, owed on a support order issued by this state.
  • Stat. Auth.: ORS 25.729, 180.345
  • Stats. Implemented: ORS 25.729, 110.303 – 110.452
  • Hist.: AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2320; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7060; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7060; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7080
  • Oregon as Initiating State — Establishing Paternity, Support, Medical Insurance and Past-support
  • (1) The administrator shall use the provisions of ORS Chapter 25 in its entirety, 109.124, 109.125, 109.145, 109.165, 109.225, 109.230, 109.237, 109.250, 109.256, 109.260, 109.262, 109.264, ORS Chapter 110 in its entirety, and 416.400 to 416.470 to establish paternity, support and/or medical insurance in preference to all other remedies available under Oregon law.
  • (2) Whenever possible, the administrator shall assert jurisdiction over the parties pursuant to ORS 110.318 and use the one-state process.
  • (3) When a one-state process is not possible, the administrator shall transmit any documents required by state or federal law or rule to the state that can assert jurisdiction over the parties.
  • Stat. Auth.: ORS 25.729 & Sec. 2, Ch. 73 OL 2003
  • Stats. Implemented: ORS 25.729 & 110
  • Hist.: AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2330; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7080; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7080; Suspended by DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7100
  • Direct Income Withholding
  • (1) The administrator may send direct income withholding to an employer located in another jurisdiction when:
  • (a) The employer is located in a jurisdiction which has adopted the direct withholding provisions of UIFSA; and
  • (b) Any intergovernmental request about the same obligor and child is withdrawn and the responding agency is instructed to close their case; and
  • (c) If required under OAR 137-055-7180, a controlling order has been determined.
  • (2) The administrator must ensure that the obligor is given the notice required by ORS 25.399.
  • (3) If the obligor files a written contest to the income withholding order in the employer’s state, the administrator may dismiss the direct income withholding order and initiate an intergovernmental request for registration and enforcement.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.729, 110.394
  • Hist.: AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2340; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7100; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7100; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7120
  • Responding Jurisdiction Responsibilities – General Provisions
  • (1) Within 75 calendar days of receipt of an Intergovernmental Child Support Enforcement Transmittal Form, a UIFSA Action Request Form or other form and documentation from the Oregon central registry, the administrator will:
  • (a) Provide location services in accordance with 45 CFR 303.3 if appropriate;
  • (b) If unable to proceed with the case because of inadequate documentation, request any necessary additions or corrections;
  • (c) If the documentation received with a case is inadequate, response from the initiating agency.
  • (2) Within ten working days of locating the obligor in a different locale within the state, if appropriate, the administrator will forward the form and documentation to the appropriate office and notify the initiating agency.
  • (3) Within ten working days of locating the obligor outside of Oregon, the administrator will:
  • (a) Return the form and documentation, including the new location, to the initiating agency, or if directed by that agency, forward the form and documentation to the central registry where the obligor has been located; and
  • (b) Document the Oregon case record.
  • (4) Within 30 days of receiving a request, the administrator must provide any order and payment record information requested by another state’s child support program for a controlling order determination, or advise the requesting state when the information will be provided.
  • (5) The administrator must provide to the initiating agency timely advance notice of any formal hearings which may result in establishment or modification of an order.
  • (6) The administrator must notify the initiating agency within ten working days of receipt of new information on a case.
  • (7) The administrator must cooperate with requests for the following limited services:
  • (a) Quick locate;
  • (b) Service of process;
  • (c) Assistance with discovery;
  • (d) Assistance with genetic testing;
  • (e) Teleconferenced hearings;
  • (f) Administrative reviews;
  • (g) High-volume automated administrative enforcement in interstate cases under 42 USC 666(a)(14); and
  • (h) Copies of court orders and pay records;
  • and may cooperate with other requests for limited services.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.729, 110.303 – 110.452
  • Hist.: AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2350; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7120; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7120; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7140
  • Oregon as Responding Jurisdiction – Establishing, Enforcing and Modifying Support and Medical Insurance Orders
  • (1) The registering tribunal under UIFSA is the circuit court of Oregon. This does not preclude action by other tribunals.
  • (2) Administrative contested case hearings shall be conducted by an administrative law judge pursuant to the provisions of ORS 416.427.
  • (3) Whenever allowed under the law, the administrator shall use the provisions of ORS 416.400 to 416.470 in conjunction with the provisions of ORS Chapter 110 to establish, enforce and modify support orders.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.729, 110.303 – 110.452
  • Hist.: AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2360; SSP 4-2003, f. 2-25-03, cert. ef. 3-1-03; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7140; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7140; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7160
  • Oregon as Responding Jurisdiction – Establishing Paternity
  • (1) When a request to establish paternity is received from another jurisdiction, the administrator must receive an affidavit of a parent naming the alleged father prior to initiating legal action.
  • (2) The administrator will use the provisions of ORS chapter 25, 109, 110 and 416 to establish paternity and support.
  • Stat. Auth.: ORS 180.345
  • Stats. Implemented: ORS 25.729, 110.303 – 110.452
  • Hist.: AFS 24-1994, f. 10-26-94, cert. ef. 12-1-94; AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2370; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7160; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7160; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7180
  • Order Determining Controlling Order
  • (1) The administrator will determine a single controlling order when:
  • (a) Services are being provided under ORS 25.080 and two or more child support orders have been issued regarding the same obligor, child and obligee; or
  • (b) A party or other jurisdiction requests a determination.
  • (2) For purposes of this rule, any order modified or issued after October 20, 1994 (the effective date of the Full Faith and Credit for Child Support Orders Act, 28 USC 1738B), will be interpreted as a modification of all orders issued prior to October 20, 1994, unless:
  • (a) The tribunal entering the order did not have jurisdiction to do so; or
  • (b) A party alleges the tribunal lacked personal or subject matter jurisdiction.
  • (3) When a request for a controlling order determination is received from another jurisdiction:
  • (a) The request is not complete until documents necessary to perform the determination are received; and
  • (b) The request is considered “filed with the appropriate tribunal” as required by 45 CFR 303.7(5) when the administrator receives the complete request .
  • (4) The administrator will determine the controlling order and issue an order setting out the determination. The order is an order in an other than contested case proceeding under ORS chapter 183. The order will be served upon the parties by certified mail, return receipt requested, at the last known address of the parties. The order must include:
  • (a) The basis for personal jurisdiction over the parties;
  • (b) The names of the parties and the child for whom support was ordered;
  • (c) A statement of each child support order which was considered, the jurisdiction which issued the order and the date of the order;
  • (d) A statement identifying the order the administrator determines is the controlling order and why;
  • (e) A statement that the controlling order determination is effective the date the order is issued by the administrator;
  • (f) A reference to ORS 110.333;
  • (g) A notice that a party may submit further information and petition the administrator for reconsideration of the order within 60 days of the date of the order;
  • (h) A notice that OAR 137-004-0080 applies to any petition for reconsideration; and
  • (i) A notice that a party may appeal the order as provided by ORS 183.484.
  • (5) If the administrator determines that no tribunal has continuing, exclusive jurisdiction under ORS chapter 110, the administrator will notify the parties and establish a new child support order.
  • (6) For the purposes of determining the Oregon county in which the administrator may enter the order determining the controlling order, the following provisions apply:
  • (a) If one or more Oregon court files exist for the same obligor and child, the order will be entered in each existing court file;
  • (b) If an Oregon court file does not exist, the administrator will enter the documents required by ORS 416.440 in the circuit court in the county where the party who lives in Oregon resides.
  • (7) Within 30 days after the expiration of the appeal or reconsideration period, the administrator will certify copies of the order determining the controlling order and file one with each tribunal that issued or registered an earlier order of child support.
  • (8) Upon written receipt of an order determining the controlling order that a tribunal of this or another jurisdiction properly issued, the administrator will:
  • (a) Adjust the Oregon case record to cease prospective accrual on any noncontrolling order and initiate accrual on any controlling order which was issued or registered by an Oregon tribunal on the date specified in the order determining controlling order or, when not specified, in accordance with OAR 137-055-5040; and
  • (b) When one of the noncontrolling orders was issued by an Oregon tribunal, ensure that the order determining the controlling order is entered in the Oregon circuit court for the county which issued or entered the prior order.
  • Stat. Auth.: ORS 25.729 & 180.345
  • Stats. Implemented: ORS 110.327 & 110.333
  • Hist.: AFS 26-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-2385; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-7180; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-7180; DOJ 10-2004, f. & cert. ef. 7-1-04; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11
  •  
  • 137-055-7190
  • Review and Modification In Intergovernmental Cases
  • (1) Within 15 days of a party’s request for a periodic review or a request for a modification based upon a change of circumstances, the administrator will determine in which jurisdiction the review will be sought. The administrator will follow the Uniform Interstate Family Support Act (UIFSA) provisions in ORS 110.303 through 110.452 in making this decision, including:
  • (a) If the controlling order is an Oregon support order and the obligor, obligee and child reside in this state, Oregon will do the review.
  • (b) If the controlling order is an Oregon support order and one of the parties or the child resides in this state, Oregon will do the review, presuming personal jurisdiction can be asserted for the remaining party.
  • (c) If Oregon does not have the controlling order but all the parties have filed in the jurisdiction which has the controlling order a written consent for Oregon to modify the order, Oregon will do the review.
  • (d) If an order has been registered for enforcement in Oregon and none of the parties or the child resides in the jurisdiction which issued the order, the jurisdiction where the non-requesting party resides will do the review.
  • (2) If the administrator determines that Oregon is not the appropriate reviewer, the administrator will:
  • (a) Determine and obtain the information needed;
  • (b) Complete any required forms; and
  • (c) Send all required documents to the reviewer within 20 calendar days of receipt;
  • (3)(a) If the reviewer is currently providing services for Oregon on the case, the documents will be transmitted to the appropriate office or agency working the case;
  • (b) If the request is the first contact with the reviewer for the case, the request must be sent to the reviewer’s central registry.
  • Stat. Auth.: ORS 25.080, 25.287, 180.345
  • Stats. Implemented:
  • Hist.: DOJ 10-2004, f. & cert. ef. 7-1-04; DOJ 3-2011(Temp), f. & cert. ef. 3-31-11 thru 9-26-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​