OAR 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 (Support or maintenance for child attending school).

(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 (Individuals Excused for Good Cause from Compliance with Requirements to Pursue Child Support, Health Care Coverage, and Medical Support), 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.

Source: Rule 413-100-0800 — Child Support Referrals, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-100-0800.

413‑100‑0000
Purpose
413‑100‑0005
Definitions
413‑100‑0015
Application for Title IV-E Foster Care Funds
413‑100‑0060
Title IV-E Reimbursable Placements
413‑100‑0065
Title IV-E Reimbursable Payments
413‑100‑0075
Eligibility Status
413‑100‑0080
Effective Date
413‑100‑0090
Correcting Eligibility
413‑100‑0110
Eligibility End Date
413‑100‑0125
Initial Determination Requirements
413‑100‑0135
Removal Requirements
413‑100‑0150
Determining Parental Deprivation
413‑100‑0160
Determining Financial Need
413‑100‑0170
Determining Resources
413‑100‑0180
Earned Income of Students
413‑100‑0210
U.S. Citizenship and Qualified Non-citizens
413‑100‑0230
Age Requirements
413‑100‑0240
Judicial Finding Requirements for Title IV-E Eligibility
413‑100‑0270
Redetermination Requirements
413‑100‑0320
Consolidated Omnibus Reconciliation Act (COBRA) and Title XIX Medicaid
413‑100‑0335
Title IV-E Adoption Assistance Eligibility Determination
413‑100‑0345
Guardianship Assistance Eligibility
413‑100‑0400
Purpose
413‑100‑0410
Definitions
413‑100‑0420
Child Welfare Title XIX Medicaid Program Eligible Populations
413‑100‑0430
Eligibility Determination for a Child or Young Adult in Substitute Care
413‑100‑0432
Payments for Services Provided in Emergency Situations When a Child or Young Adult is Not Enrolled in Title XIX Medicaid
413‑100‑0435
Title XIX Medicaid Eligibility for a Child or Young Adult Receiving Adoption Assistance or Guardianship Assistance
413‑100‑0445
Youth in Detention
413‑100‑0451
Interstate Compact for the Placement of Children (ICPC) and Interstate Compact on Adoption and Medical Assistance (ICAMA)
413‑100‑0455
Out-of-State Placements
413‑100‑0460
Citizenship and Alienage
413‑100‑0530
Compliance
413‑100‑0800
Child Support Referrals
413‑100‑0810
Child Support Arrears Owed to Department
413‑100‑0820
Handling DCS Case Information
413‑100‑0830
Paternity and Parentage Establishment
Last Updated

Jun. 8, 2021

Rule 413-100-0800’s source at or​.us