Or. Admin. Code § 413-100-0800

Current through Register Vol. 63, No. 12, December 1, 2024

Section 413-100-0800 - Child Support Referrals

(1) The parents of a child in a paid substitute care placement may be required to make monthly child support payments to the state until one of the following occurs:

(a) The child is reunified with the parent.

(b) The child turns 18 or as long as the child is attending school as defined in ORS 107.108.

(c) Parental rights have been terminated or relinquished.

(2) If there is an active child support case in which one parent is paying the other, the Department will refer the case to the Division of Child Support (DCS) to assign support payments to the Department.

(3) If there is not an existing child support order, the Department will refer the case to the DCS to establish a child support order unless one of the following applies:

(a) The Post Adoption Program determined not to initiate a referral to DCS.

(b) The parent is deceased.

(c) The parent is receiving Supplemental Security Income (SSI) benefits.

(d) The parent is a Social Security Disability or Retirement beneficiary.

(e) The parent is under the age of 18.

(f) The parent has a developmental disability and is incapable of supporting the child or themselves.

(g) The parent has significant mental health issues that prevent gainful employment.

(h) The parent is homeless and incapable of supporting the child or themselves.

(i) The parent is receiving Temporary Assistance for Needy Families (TANF) benefits.

(j) The parent is or will be incarcerated for more than six months.

(k) The parent is compliant with the reunification plan and the Department caseworker believes enforcement of a support order would negatively impact the plan.

(l) The parent is actively participating in a treatment program.

(m) There is a prior finding of "good cause" as defined under OAR 461-120-0350, and after re-evaluation remains in effect.

(n) If reunification is no longer the plan and the plan changes to relinquishment or termination of parental rights.

(o) The parents would be unable to comply with the permanency plan of reunification due to the financial hardship caused by paying child support.

(p) The child is expected to be in paid substitute care for only a short period of time.

(q) The noncustodial parent is a potential resource.

(r) Other appropriate circumstances determined by the Department.

(4) If a child enters paid substitute care following adoption in Oregon or another state or country and is receiving an adoption assistance payment:

(a) The Department must review the payment and may discuss renegotiation with the parent; and

(b) The Post Adoptions Program Manager or designee has authority to determine whether the Department would initiate a referral for child support. The following factors must be considered:

(A) Reason the child entered care;

(B) Amount of adoption assistance payment;

(C) Parent involvement in the permanency plan; and

(D) Any other considerations involving the best interests of the child.

(5) A determination to not refer a parent to DCS does not prohibit the Department from making a referral in a subsequent episode of Department custody.

(6) A determination to not refer a parent to DCS does not prohibit the Department from re-evaluating intermittently during the same episode of care.

(7) The Department must inform a parent that the parent may be required to pay child support.

(8) The Department must notify DCS when:

(a) The child or young adult exits paid substitute care; or

(b) Parental rights have been terminated or relinquished.

Or. Admin. Code § 413-100-0800

SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 45-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 4-2016, f. & cert. ef. 4/1/2016

Stat. Auth.: ORS 412.024, 418.005

Stats. Implemented: ORS 109.010, 109.015, 180.320, 412.024, 418.005, 418.032