1. (1) Pursuant to Section 78A-6-356, the office may continue to collect child support based on an administrative order issued when the child is initially placed in custody if:

   1. (a) the child returns home; and
   2. (b) the child is subsequently returned to state custody.

2. (2)(a) Pursuant to Section 26B-9-104, the office may not provide child support services on behalf of the Division of Child and Family Services when a child in custody returns to the home of a custodial parent for more than seven consecutive days.

   1. (b)(i) The more than seven consecutive days at the home of a custodial parent may start during one month and end in the next month.

      1. (ii) If the more than seven consecutive days span over more than one calendar month, the office may not provide child support services for any of the affected months.

   2. (c) The office:

      1. (i) shall retroactively adjust the child support debt to remove the child support amount due for each calendar month affected by the more than seven consecutive days stay; and
      2. (ii) may not provide child support services to collect any child support due for the affected calendar months.
   3. (d) The office may not make adjustments to a child support case under Subsection (2)(c) until the office receives information from the Division of Child and Family Services verifying the date, duration, and location of the more than seven consecutive days stay.
   4. (e) The office may complete the adjustment to the child support debt within ten business days of receiving the necessary verification from the Division of Child and Family Services.

   5. (f)(i) If the office has collected the child support amount from the custodial parent before the office receives the necessary verification from the Division of Child and Family Services, the office shall first apply the amount collected to any other debt owed to the state for a time when the child has been in the care or custody of the state.

      1. (ii) If no other child in care debt exists, the office shall refund the amount to the custodial parent.
   6. (g) If the more than seven consecutive days stay under this section becomes a permanent placement in the custodial parent's home, according to information received from the Division of Child and Family Services, the office shall provide continuing child support services, if appropriate, as of the date of the permanent placement pursuant to 45 CFR 302.33(a)(4).

KEY: child support, foster care, youth corrections

Date of Last Change: March 15, 2026

Authorizing, and Implemented or Interpreted Law: 45 CFR 301 through 305; 45 CFR 307; 26B-1-202; 26B-9-104; 26B-9-108; 26B-9-111; 26B-9-220; 26B-9-221; 78A-6-356; 81-6-104; 81-6-205; 81-6-304; 81-6-305; R527-200