Loading
The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON YOUTH AUTHORITY

 

DIVISION 100

REFERRALS TO DIVISION OF CHILD SUPPORT

416-100-0000

Purpose

(1) OYA will make referrals to the Division of Child Support (DCS) to establish child support claims to pay support toward the care, education, and maintenance of offenders who are placed in state-financed substitute care, or close-custody facilities.

(2) These rules define the process by which OYA will partner with DCS to ensure child support obligations are enforced pursuant to Oregon laws.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108, 416.400 - 416.486 & 419C.597
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 9-2002, f. & cert. ef. 3-1-02; OYA 6-2006, f. & cert. ef. 10-9-06; OYA 2-2012, f. & cert. ef. 4-3-12

416-100-0005

Definitions

(1) Child: An individual, whether over or under the age of majority, who is or is alleged to be owed a duty of support by the individual's parent or who is or is alleged to be the beneficiary of a support order directed to the parent.

(2) Child Attending School: A child of the parties who is unmarried and unemancipated, is 18 years of age or older and under 21 years of age, is making satisfactory academic progress as defined by the school that the child attends, and has a course load that is no less than one-half of the load that is determined by the school to constitute full time enrollment.

(3) Close-custody facility: Any OYA facility, including but not limited to youth correctional facilities (YCF), work/study camps, and transition camps.

(4) DCS (Division of Child Support): The division of the Oregon Department of Justice that is responsible for providing services under ORS 25.080, Support Enforcement.

(5) Immediate family member: Legal spouse, domestic partner, parent, guardian, sibling, child, aunt, uncle, grandchildren and grandparents, including foster, in-law, and step relationships.

(6) Obligor: An individual or the estate of a decedent who owes or is alleged to owe a duty of support; who is alleged but has not been adjudicated to be a parent of a child; or who is liable under a support order.

(7) Offender: A person in the legal and physical custody of OYA, either in an OYA close-custody facility, substitute care placement, or placed in the community under supervision, or a person in the legal custody of the Department of Corrections and the physical custody of OYA in OYA a close-custody facility.

(8) Regularly-scheduled break: a summer semester or term; a period of time not exceeding four months between graduation from or completion of school and the beginning of the next regularly scheduled term, semester or course of study at school; a period of time between the end and beginning of regularly scheduled consecutive school semesters, terms or course of study; or any other scheduled break between courses of study that is defined by the school as a regularly-scheduled break.

(9) School: An educational facility such as a high school, community college, four-year college or university; a course of professional, vocational, or technical training, including the Job Corps, designed to fit the child for gainful employment; a high school equivalency course, including but not limited to a General Educational Development (GED) program, or an educational program for grade 12 or below and home schooling.

(10) Substitute care: Out-of-home residential placement in the community that provides 24-hour-a-day care and treatment, excluding a relative's home. Such placements include, but are not limited to, foster care and contracted residential treatment programs.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108 & 416.400 - 416.486
Hist.: OYA 6-2006, f. & cert. ef. 10-9-06; OYA 2-2012, f. & cert. ef. 4-3-12

416-100-0010

Referral Process

(1) OYA will send referral information to DCS when an offender in its legal or physical custody is placed in state-financed substitute care, or a close-custody facility.

(2) OYA will inform the parent(s) or other obligor(s) of:

(a) The referral to DCS;

(b) That DCS will contact the parent(s) or obligor(s) to determine the amount of support they may be required to pay; and

(c) That DCS will enforce collection of any determined amount of support obligation.

(3) At the time an offender is placed in OYA custody, any existing support orders will be electronically linked to that offender.

(4) OYA will electronically notify DCS when any of the following occurs:

(a) The offender enters or leaves paid placement;

(b) The cost of care changes;

(c) The offender's parent(s) or other obligor(s) are incarcerated or die, if OYA has such knowledge; and

(d) When corrections or updates are made to the referral.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108, 416.400 - 416.486 & 419C.597
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 9-2002, f. & cert. ef. 3-1-02; OYA 6-2006, f. & cert. ef. 10-9-06; OYA 2-2012, f. & cert. ef. 4-3-12

416-100-0020

Exemptions

The OYA Director, or designee, may approve or deny an exemption from the enforcement or establishment of a child support obligation on a case-by-case basis only where:

(1) The offender was adopted through a government agency;

(2) A grandparent or other family member adopted the offender;

(3) The offender’s parent(s)’s parental rights were terminated prior to the offender’s commitment to OYA; or

(4) The offender’s offense conduct includes person-to-person victimization of an immediate family member.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108 & 416.400 - 416.486
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 9-2002, f. & cert. ef. 3-1-02; OYA 2-2012, f. & cert. ef. 4-3-12

416-100-0030

Confidentiality

(1) OYA will comply with all laws regarding the confidentiality of child support records that apply to child support information. OYA employees will refer requests for information about a child support case to the OYA Child Support Coordinator, who will work with DCS to coordinate appropriate release of the information.

(2) When DCS has initiated a legal action and a party or an attorney for a party makes a request for discovery, OYA will work with DCS to provide all appropriate information.

(3) OYA employees may not access computer records or records of any other nature available to them only as employees of OYA that pertain to their own child support case or the child support case of any relative or other person with whom the employee has a personal friendship or business association. No employee may perform casework on his/her own child support case or the case of any relative or other person with whom the employee has a personal friendship or business association.

(4) Any OYA employee who discloses or uses the contents of any records, files, papers or communications in violation of federal/state laws is subject to progressive discipline, up to and including dismissal from employment.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108 & 416.400 - 416.486
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 2-2012, f. & cert. ef. 4-3-12

416-100-0040

Special Circumstances Regarding Incarcerated Obligors

In some cases, offenders in the legal or physical custody of OYA may be considered obligors for the purpose of child support. OYA will follow DCS rules and coordinate the child support process with regard to these offenders.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108 & 416.400 - 416.486
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 2-2012, f. & cert. ef. 4-3-12

416-100-0050

Child Attending School Provisions

(1) Under Oregon law, the court may enter an order against either parent, or both, or other obligors to provide for the support or maintenance of an offender who qualifies as a Child Attending School.

(2) Subject to state and federal confidentiality laws, OYA will provide all information necessary to DCS and obligors to establish eligibility to receive support under this section, including the name of the school and expected graduation date or date the offender will stop attending classes.

(3) OYA will notify DCS when the offender ceases to qualify as a Child Attending School.

(a) Support obligation for an offender that qualifies as a Child Attending School in OYA custody does not cease during regularly-scheduled breaks in school.

(b) DCS will notify the obligor when the offender in OYA custody ceases to meet the definition of a Child Attending School.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108 & 416.400 - 416.486
Hist.: OYA 2-1995, f. 12-19-95, cert. ef. 1-2-96; OYA 6-2001, f. & cert. ef. 6-25-01; OYA 9-2002, f. & cert. ef. 3-1-02; OYA 6-2006, f. & cert. ef. 10-9-06; OYA 2-2012, f. & cert. ef. 4-3-12

416-100-0060

Constituent Complaints

OYA has no obligation or responsibility to mediate or resolve constituent complaints with regard to child support issues. If such complaints are received, OYA staff will refer the person to DCS. OYA will cooperate with DCS if information is necessary to resolve a constituent complaint.

Stat. Auth.: ORS 420A.025
Stats. Implemented: ORS 107.108 & 416.400 - 416.486
Hist.: OYA 6-2001, f. & cert. ef. 6-25-01; OYA 6-2006, f. & cert. ef. 10-9-06; OYA 2-2012, f. & cert. ef. 4-3-12

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the 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​