Or. Admin. R. 137-055-2020 - Case Assignment

Current through Register Vol. 61, No. 4, April 1, 2022

(1)
(a) Except as provided in OAR 137-055-1090, the Division of Child Support (DCS) must provide services pursuant to ORS 25.080 for all children for whom support rights are or have been assigned to this or another state because the child(ren) are receiving or have received cash assistance, foster care, or medical assistance when one or both parents are absent from the benefit group; and
(b) For cases that would be assigned to a District Attorney (DA) office, but DCS is providing child support services as provided in ORS 25.080(6).
(2) Notwithstanding section (1) of this rule, if a DA is providing services pursuant to ORS 25.080(1)(b) on a case where the family, or a family member, assigns medical child support rights, the DA will continue to provide services on that case.
(3)
(a) Once a case is assigned to a DCS office, barring error, it will remain assigned to a DCS office, even if no support remains assigned to the state; and
(b) The provisions of subsection (3)(a) do not apply if the DCS office to which the case is assigned is a DCS office providing services in lieu of a DA office and the case would have been assigned to a DA office under this rule.
(4) Notwithstanding the provisions of section (3), a DCS office and DA office may agree to transfer a case or may co-work a case or conclude pending legal proceedings. Before a case may be transferred from one office to another, approval must be obtained from each office manager or management equivalent and narrated on the computer record for the case.
(5) The matrix set out in Exhibit 1 is offered as an aid in applying sections (1) through (4) of this rule. [Exhibit not included. See NOTE.]
(6) Sections (7) to (10) apply only to cases assigned to DA offices pursuant to ORS 25.080(1)(b).
(7)
(a) Except as provided in subsection (b) of this section, the DA of the obligee's county will be assigned the case and must provide services;
(b) If the obligor resides in the same county where the operative support order is entered, the DA of the order county will be assigned the case and must provide the services.
(8) When one party resides in another state, the DA of the county of the Oregon resident must provide services, even if there is a support order in another county.
(9) When both parties reside in another state:
(a) If there is an Oregon order, the DA of the order county must provide the services;
(b) If there is no Oregon order, the DA of the county where the child resides or where the obligor's income or property is located must provide the services;
(c) If there is no Oregon order and the obligor has no income or property located in the state, but it is anticipated that the obligee will be moving to this state, the DA of the county where the obligee is anticipated to reside must provide the services;
(d) If there is no Oregon order, the obligor has no income or property located in the state, the obligee is not anticipated to be moving to this state, but continuation of services is being provided pursuant to OAR 137-055-1100, the DA where the case was previously assigned must provide the services.
(10) The matrix set out in Exhibit 2 is offered as an aid in applying sections (7) through (9) of this rule. [Exhibit not included. See NOTE.]

Notes

Or. Admin. R. 137-055-2020
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 4-1999, f. 3-31-99, cert. ef. 4-1-99; AFS 32-2000, f. 11-29-00, cert. ef. 12-1-00, Renumbered from 461-195-0035; AFS 7-2002, f. & cert. ef. 4-25-02; DOJ 6-2003(Temp), f. 6-25-03, cert. ef. 7-1-03 thru 12-28-03, Renumbered from 461-200-2020; DOJ 10-2003, f. 9-29-03, cert. ef. 10-1-03, Renumbered from 461-200-2020; DOJ 9-2009, f. &cert. ef. 7-1-09; DOJ 19-2018, amend filed 09/04/2018, effective 9/5/2018; DOJ 18-2021, amend filed 12/29/2021, effective 1/1/2022

Exhibits referenced are available from the agency.

Statutory/Other Authority: ORS 25.080 & 180.345

Statutes/Other Implemented: ORS 25.080

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