2007 Oregon Code - Chapter 416 :: Chapter 416 - Recovery of Aid and Support
Chapter 416 —
Recovery of Aid and Support
2007 EDITION
RECOVERY OF AID AND SUPPORT
HUMAN SERVICES; JUVENILE CODE; CORRECTIONS
RECOVERY FROM ESTATES
416.310Â Â Â Â Estate
of deceased person liable for aid received; relatives not relieved from
obligation of support
416.320Â Â Â Â Manner
of approval and payment of county claims against estate
416.340Â Â Â Â Collection
of claim against estate of deceased; waiver of claim
PARENTAL SUPPORT OF DEPENDENT CHILDREN
416.400Â Â Â Â Definitions
for ORS 416.400 to 416.465
416.405Â Â Â Â Policy
416.407Â Â Â Â Parties
to support proceedings; notice
416.415Â Â Â Â Notice
and finding of financial responsibility; request for hearing; order
416.417Â Â Â Â When
order of support contingent on child residing in state financed or supported
residence
416.419Â Â Â Â Tribunals
for establishment of paternity or for child support order
416.422Â Â Â Â Past
support; consolidation in court proceeding
416.425Â Â Â Â Motions
to modify financial responsibility orders; service
416.427Â Â Â Â Hearings
procedure; parties; enforcement of order; appeal of order
416.429Â Â Â Â Notice
of intent to establish and enforce arrearages; request for hearing; order
416.430Â Â Â Â Establishing
paternity of child; certification of paternity issue to circuit court
416.435Â Â Â Â Certification
of paternity issue to circuit or juvenile court; trial
416.440Â Â Â Â Filing
order with court; order effective as circuit court judgment
416.443Â Â Â Â Reopening
issue of paternity; order
416.448Â Â Â Â Multiple
child support judgments
416.450Â Â Â Â Preventing
transfer of assets to evade compliance with order
416.455Â Â Â Â Authority
of administrator and administrative law judge; rules
416.460Â Â Â Â Expeditious
court hearings
416.465Â Â Â Â Relief
from compliance with order
RECOVERY OF SUPPORT FOR YOUTH OFFENDERS
416.480Â Â Â Â Definitions
for ORS 416.480 to 416.486
416.483Â Â Â Â Order
for support of youth offender or other offender
416.486Â Â Â Â Youth
authority may enter into agreements for support enforcement services
LIEN ON RECIPIENTÂ’S CLAIM FOR DAMAGES FOR
PERSONAL INJURIES
416.510Â Â Â Â Definitions
for ORS 416.510 to 416.610
416.520Â Â Â Â Claim
for damages for personal injuries not grounds for denying assistance
416.530Â Â Â Â Notice
of claim to department or prepaid managed care health services organization
416.540Â Â Â Â Lien
of department; assignment of lien to prepaid managed care health services
organization
416.550Â Â Â Â Procedure
to perfect lien
416.560Â Â Â Â Form
of notice of lien
416.570Â Â Â Â Notice
to department when judgment rendered or claim settled; statement by department
of amount of lien
416.580Â Â Â Â Payment
in satisfaction of lien
416.590Â Â Â Â Procedure
when recipient is minor
416.600Â Â Â Â Release
of portion of lien in certain cases
416.610Â Â Â Â Action
against recipient who fails to notify department or prepaid managed care health
services organization of claim
MISCELLANEOUS PROVISIONS
416.810Â Â Â Â Disposition
of reimbursements for public assistance granted
416.820Â Â Â Â Acceptance
and disbursement of gifts for support of certain persons
416.830Â Â Â Â Acceptance
and disbursement of gifts for public assistance
PENALTIES
416.990Â Â Â Â Penalties
     Note: Definitions in 25.010 and 25.011 apply to
ORS chapter 416.
     416.010 [1961 c.605 §2; 1969 c.597 §250; 1971 c.407 §1;
1995 c.79 §210; repealed by 2001 c.900 §261]
     416.020 [Formerly 411.410; 1971 c.480 §3; 1971 c.779
§49; repealed by 2001 c.900 §261]
     416.030 [Formerly 411.420; 1967 c.549 §7; 1971 c.125
§1; 1971 c.750 §5; 1999 c.59 §108; repealed by 2001 c.900 §261]
     416.035 [1971 c.750 §2; repealed by 2001 c.900 §261]
     416.040 [1961 c.605 §6; subsection (4) enacted as
1963 c.499 §8; repealed by 2001 c.900 §261]
     416.050 [1961 c.605 §7; repealed by 2001 c.900 §261]
     416.055 [1971 c.480 §2; repealed by 2001 c.900 §261]
     416.060 [Formerly 411.425; repealed by 1971 c.651 §1
(416.061 enacted in lieu of 416.060)]
     416.061 [1971 c.651 §2 (enacted in lieu of 416.060);
repealed by 2001 c.900 §261]
     416.070 [1961 c.605 §16; repealed by 2001 c.900 §261]
     416.080 [Formerly 411.440 and then 411.428; repealed
by 2001 c.900 §261]
     416.090 [Formerly 411.450 and then 411.434; repealed
by 2001 c.900 §261]
     416.100 [Formerly 411.460 and then 411.438; repealed
by 2001 c.900 §261]
     416.110 [Formerly 411.441; 1979 c.562 §14; 1983
c.740 §141; repealed by 2001 c.900 §261]
     416.120 [Formerly 411.442; subsection (4) enacted as
1961 c.605 §15; 1971 c.734 §46; 1999 c.849 §§75,76; repealed by 2001 c.900 §261]
     416.130 [Formerly 411.444; repealed by 2001 c.900 §261]
     416.140 [Formerly 411.446; repealed by 1971 c.734 §21]
     416.145 [1971 c.734 §48; repealed by 2001 c.900 §261]
     416.150 [1961 c.605 §13; repealed by 1971 c.734 §21]
     416.160 [1961 c.605 §14; repealed by 1971 c.734 §21]
     416.170 [Formerly 411.448; 1975 c.146 §5; 1983 c.696
§19; repealed by 2001 c.900 §261]
     416.180 [Formerly 411.452; 1993 c.223 §10; repealed
by 2001 c.900 §261]
     416.190 [Formerly 411.454; repealed by 2001 c.900 §261]
     416.200 [Formerly 411.456; repealed by 2001 c.900 §261]
     416.210 [Formerly 411.458; repealed by 2001 c.900 §261]
     416.220 [1961 c.605 §19; 1971 c.779 §50; repealed by
2001 c.900 §261]
     416.230 [Formerly 411.462; 1971 c.407 §2; repealed
by 1979 c.690 §19]
     416.240 [Formerly 411.464; repealed by 2001 c.900 §261]
     416.250 [Formerly 411.466; repealed by 2001 c.900 §261]
     416.260 [Formerly 411.470; 1969 c.45 §2; 1971 c.418 §13;
repealed by 2001 c.900 §261]
     416.270 [Formerly 411.474; repealed by 2001 c.900 §261]
     416.280 [Formerly part of 414.105; repealed by 2001
c.900 §261]
RECOVERY FROM
ESTATES
     416.310
Estate of deceased person liable for aid received; relatives not relieved from
obligation of support. (1)
Except as otherwise provided by ORS 411.708, the estate of every deceased person
who received aid from the state or any county or whose burial expenses have
been paid by the state or any county, other than aid received pursuant to ORS
412.006, 444.120 or 444.220, is liable for the actual cost of such aid so
rendered or the actual expenses of such burial. The state or the county shall
have a just and valid claim against such estate therefor.
     (2) Nothing in this section relieves the
parents, children, brothers or sisters of any needy person from their
obligation to support such person, or prevents the county court from recovering
for such support.
     (3) Nothing in this section authorizes the
recovery of the amount of any aid from the estate or surviving spouse of a
recipient to the extent that the need for aid resulted from a crime committed
against the recipient. [Formerly 411.480; 1985 c.522 §5; 1993 c.249 §6; 2005
c.381 §25]
     416.320
Manner of approval and payment of county claims against estate. All claims of the type mentioned in ORS
416.310 shall be itemized and verified by the county clerk and presented by the
county clerk to the administrator or executor of the estate; except that the
claims shall be verified by the county accountant in counties having a county
accountant authorized by ORS chapter 210. The claims shall be approved and paid
by the administrator or executor in the manner and in the order of preference
provided by law for approval and payment of claims and charges against estates
of deceased persons. [Formerly 411.490; 1983 c.310 §19]
     416.330 [Formerly 411.500; repealed by 1983 c.537 §7]
     416.340
Collection of claim against estate of deceased; waiver of claim. (1) With respect to any claim which the
Department of Human Services may have against the estate of a deceased person,
the Department of Human Services may, subject to such terms as it may prescribe
in any such case:
     (a) Secure payment of such claim in whole
or in part by the acceptance of assignments, conveyances, notes, mortgages and
other transfers of property or interests therein.
     (b) Waive such claim to the extent that
the Department of Human Services finds that the enforcement thereof would tend
to defeat the purpose of the public assistance laws.
     (2) To the extent that the need for aid
resulted from a crime committed against the recipient, a claim for recovery of
the amount of such aid defeats the purpose of the public assistance laws. [1963
c.114 §2; 1985 c.522 §6]
PARENTAL
SUPPORT OF DEPENDENT CHILDREN
     416.400
Definitions for ORS 416.400 to 416.465. As used in ORS 416.400 to 416.465, unless the context requires
otherwise:
     (1) “Administrator” has the meaning given
that term in ORS 25.010.
     (2) “Court” means any circuit court of
this state and any court in another state having jurisdiction to determine the
liability of persons for the support of another person.
     (3) “Court order” means any judgment or
order of any
     (4) “Department” means the Department of
Justice of this state or its equivalent in any other state from which a written
request for establishment or enforcement of a support obligation is received
under ORS 416.415.
     (5) “Dependent child” means any person
under the age of 18 who is not otherwise emancipated, self-supporting, married
or a member of the Armed Forces of the
     (6) “Office” means the office of the
Division of Child Support or the office of the district attorney.
     (7) “Parent” means the natural or adoptive
father or mother of a dependent child or youth offender. “Parent” also means
stepparent when the person has an obligation to support a dependent child under
ORS 108.045.
     (8) “Past support” means the amount of
child support that could have been ordered and accumulated as arrears against a
parent for the benefit of a child for any period of time during which the child
was not supported by the parent and for which period no support order was in
effect.
     (9) “Public assistance” means any money
payments made by the state that are paid to or for the benefit of any dependent
child or youth offender, including but not limited to payments made so that
food, shelter, medical care, clothing, transportation or other necessary goods,
services or items may be provided, and payments made in compensation for the
provision of the necessities. “Public assistance” does not include money
payments made by the state to or for the benefit of a dependent child as the
result of the childÂ’s removal from the parentÂ’s home against the wishes of the
parent, if the Department of Human Services determines after completion of a
child protective services assessment that the report of abuse is unfounded
according to rules adopted by the Department of Human Services.
     (10) “Youth offender” has the meaning
given that term in ORS 419A.004. [1979 c.421 §1; 1985 c.567 §1; 1985 c.671 §30;
1987 c.161 §1; 1989 c.519 §3; 1989 c.812 §11; 1995 c.343 §43; 1995 c.422 §131v;
1995 c.514 §8; 1997 c.704 §59; 1999 c.735 §20; 2001 c.455 §21; 2003 c.73 §61;
2003 c.576 §443; 2007 c.643 §1]
     Note: Section 3, chapter 643, Oregon Laws 2007,
provides:
     Sec.
3. The amendments to ORS
109.015 and 416.400 by sections 1 and 2 of this 2007 Act apply to cases in
which a child is taken into protective custody by the Department of Human
Services on or after the effective date of this 2007 Act [September 27, 2007].
[2007 c.643 §3]
     416.405
Policy. It is the public
policy of this state that dependent children shall be maintained, as much as
possible, from the resources of both of the parents, thereby relieving or
avoiding, at least in part, the burden often borne by single parents or by the
general citizenry through public assistance programs. The existing remedies
pertaining to family desertion and nonsupport of dependent children are to be
augmented by the additional remedies provided in ORS 416.400 to 416.465 which
are directed to the real and personal property resources of the responsible
parents. These additional remedies are not in lieu of existing law. ORS 416.400
to 416.465 shall be liberally construed and administered to implement the
policy stated in this section. [1979 c.421 §2; 1985 c.671 §31]
     416.407
Parties to support proceedings; notice. (1) In any proceeding under ORS 416.400 to 416.465, the following are
parties and shall be given notice of any such proceeding by the administrator:
     (a) The State of
     (b) An obligee who has physical custody of
a child for whose benefit a support order or an order establishing paternity is
sought, is being modified or is being enforced under this chapter.
     (c) A noncustodial parent or a male who is
alleged to be the father of a child when an action is initiated under this
chapter to establish, modify or enforce a support or paternity order.
     (d) A person joined as a party under
subsection (2) of this section.
     (2) Pursuant to administrative rule, a
party may join a person who has physical custody of a child to a proceeding
under ORS 416.400 to 416.465. [1993 c.596 §31; 1999 c.836 §2; 2005 c.560 §9]
     416.410 [1979 c.421 §3; 1985 c.671 §32; 1991 c.520 §4;
repealed by 1995 c.514 §14]
     416.415
Notice and finding of financial responsibility; request for hearing; order. (1)(a) At any time after the state is
assigned support rights, a public assistance payment is made, an application
for enforcement services under ORS 25.080 is made by an individual who is not a
recipient of public assistance or a written request for enforcement of a
support obligation is received from the state agency of another state
responsible for administering the federal child support enforcement program,
the administrator may, if there is no court order, issue a notice and finding
of financial responsibility. The notice shall be served upon the parent in the
manner prescribed for service of summons in a civil action, or by certified
mail, return receipt requested. Notices that involve the establishment of
paternity must be served by personal service. All notices may be personally
served by the administrator on the premises of the offices of the
administrator.
     (b) The administrator shall serve the
notice and finding issued under this section upon the obligee. Service shall be
by regular mail.
     (2) The administrator shall include in the
notice:
     (a) A statement of the name of the
caretaker relative or agency and the name of the dependent child for whom
support is to be paid;
     (b) A statement of the monthly support for
which the parent shall be responsible;
     (c) A statement of the past support for
which the parent shall be responsible;
     (d) A statement that the parent may be
required to provide health care coverage for the dependent child whenever the
coverage is available to the parent at a reasonable cost;
     (e) To the extent known, a statement of:
     (A) Whether there is pending in this state
or any other jurisdiction any type of support proceeding involving the
dependent child, including a proceeding brought under ORS 25.287, 107.085,
107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.425,
419B.400 or 419C.590 or ORS chapter 110; and
     (B) Whether there exists in this state or
any other jurisdiction a support order, as defined in ORS 110.303, involving
the dependent child;
     (f) A statement that if the parent or the
obligee desires to discuss the amount of support or health care coverage that
the parent is required to pay or provide, the parent or the obligee may contact
the office that sent the notice and request a negotiation conference. If no
agreement is reached on the monthly support to be paid, the administrator may
issue a new notice and finding of financial responsibility, which may be sent
to the parent and to the obligee by regular mail addressed to the parentÂ’s and
to the obligeeÂ’s last-known address, or if applicable, the parentÂ’s or the
obligeeÂ’s attorneyÂ’s last-known address;
     (g) A statement that if the parent or the
obligee objects to all or any part of the notice and finding of financial
responsibility, then the parent or the obligee must send to the office issuing
the notice, within 20 days of the date of service, a written response that sets
forth any objections and requests a hearing. In those cases where the
administrator is seeking to establish paternity, then the alleged parent and
the obligee will have 30 days to respond instead of 20 days;
     (h) A statement that if such a timely
response is received by the appropriate office, either the parent or the
obligee or both shall have the right to a hearing; and that if no timely
written response is received, the administrator may enter an order in
accordance with the notice and finding of financial responsibility;
     (i) A statement that as soon as the order
is entered, the property of the parent is subject to collection action,
including but not limited to wage withholding, garnishment and liens and
execution thereon;
     (j) A reference to ORS 416.400 to 416.465;
     (k) A statement that both the parent and
the obligee are responsible for notifying the office of any change of address
or employment;
     (L) A statement that if the parent has any
questions, the parent should telephone or visit the appropriate office or
consult an attorney; and
     (m) Such other information as the
administrator finds appropriate.
     (3) If the paternity of the dependent
child has not been legally established, the notice and finding of financial
responsibility shall also include:
     (a) An allegation that the person is the
parent of the dependent child;
     (b) The name of the child’s other parent;
     (c) The child’s date of birth;
     (d) The probable time or period of time
during which conception took place; and
     (e) A statement that if the alleged parent
or the obligee does not timely send to the office issuing the notice a written
response that denies paternity and requests a hearing, then the administrator,
without further notice to the alleged parent, or to the obligee, may enter an
order that declares and establishes the alleged parent as the legal parent of
the child.
     (4) The statement of monthly future support
required under subsection (2)(b) and the statement of past support required
under subsection (2)(c) of this section are to be computed as follows:
     (a) If there is sufficient information
available concerning the parentÂ’s financial and living situation, the formula
provided for in ORS 25.275 and 25.280 shall be used; or
     (b) If there is insufficient information
available to use the formula, an allegation of ability to pay shall be the
basis of the statement.
     (5) The parent or alleged parent and the
obligee shall have time to request a hearing as outlined in subsection (2)(g)
of this section. The time limits may be extended by the administrator and are
nonjurisdictional.
     (6) If a timely written response setting
forth objections and requesting a hearing is received by the appropriate
office, a hearing shall be held under ORS 416.427.
     (7) If no timely written response and
request for hearing is received by the appropriate office, the administrator
may enter an order in accordance with the notice, and shall include in that
order:
     (a) If the paternity of the dependent
child is established by the order, a declaration of that fact;
     (b) The amount of monthly support to be
paid, with directions on the manner of payment;
     (c) The amount of past support to be ordered
against the parent;
     (d) Whether health care coverage is to be
provided for the dependent child;
     (e) The name of the caretaker relative or
agency and the name and birthdate of the dependent child for whom support is to
be paid; and
     (f) A statement that the property of the
parent is subject to collection action, including but not limited to wage
withholding, garnishment and liens and execution thereon.
     (8) The parent and the obligee shall be
sent a copy of the order by regular mail addressed to the last-known address of
each of the parties or if applicable, to the last-known address of an attorney
of record for a party. The order is final, and action by the administrator to
enforce and collect upon the order, including arrearages, may be taken from the
date of issuance of the order.
     (9) The provisions of ORS 107.108 apply to
an order entered under this section for the support of a child attending
school. [1979 c.421 §4; 1985 c.671 §33; 1989 c.566 §1; 1989 c.811 §7; 1993
c.596 §32; 1995 c.514 §9; 1997 c.704 §62; 2003 c.73 §62; 2003 c.116 §12; 2005
c.560 §10]
     416.417
When order of support contingent on child residing in state financed or
supported residence. An
order for support entered pursuant to ORS 416.400 to 416.465 for a child in the
care and custody of the Department of Human Services, or a youth offender or
other offender in the legal or physical custody of the Oregon Youth Authority,
may be made contingent upon the child, youth offender or other offender
residing in a state financed or supported residence, shelter or other facility
or institution. A certificate signed by the Director of Human Services, the
Administrator of the Division of Child Support or the Director of the Oregon
Youth Authority shall be sufficient to establish the periods of residence and
to satisfy the order for periods of nonresidence. A hearing to contest the
period of nonresidency or failure to satisfy shall be held pursuant to ORS
416.427. [1985 c.610 §8; 1989 c.519 §4; 1995 c.422 §131w; 1999 c.213 §3; 2005
c.560 §11]
     416.419
Tribunals for establishment of paternity or for child support order. (1) Except as otherwise provided in
subsection (2) of this section, the administrator may act as the tribunal
described in ORS 110.304 in the establishment of paternity or of a child
support order, or in the modification or enforcement of a child support order.
     (2)(a) When a hearing is requested
pursuant to ORS 416.427, the tribunal is the Office of Administrative Hearings,
except as provided in ORS 416.430.
     (b) When an order is appealed pursuant to
ORS 416.427 (6), the tribunal is a circuit court. [1995 c.608 §15; 1997 c.704 §45;
1999 c.680 §4; 2005 c.560 §12]
     416.420 [1979 c.421 §8; repealed by 1989 c.811 §10]
     416.422
Past support; consolidation in court proceeding. (1) Past support may not be ordered for any
period of time prior to the later of:
     (a) The date of the most recent
application for service from the Child Support Program administered under Title
IV-D of the Social Security Act; or
     (b) In the case of a mandatory referral
based on the receipt of public assistance, the date of the last referral to the
Child Support Program administered under Title IV-D of the Social Security Act.
     (2) If the administrator has issued a
notice and finding of financial responsibility under ORS 416.415 that includes
a statement of past support but the administrator or an administrative law
judge has not issued an order, and a court proceeding that involves the same
obligor and child support for the same child is pending or is commenced after
the notice is issued, the administrator may certify all matters under the
notice to the court for consolidation in the court proceeding. After the matter
is certified to the court, the court may, in the same manner as the
administrator, order a parent to pay an amount of past support.
     (3) If the administrator does not certify
the matter to the court under subsection (2) of this section and the courtÂ’s
judgment or order does not address past support, the administrator or an
administrative law judge may thereafter issue an order directing a parent to
pay an amount of past support. [1995 c.514 §16; 2003 c.146 §9; 2003 c.576 §207;
2007 c.71 §106]
     416.425
Motions to modify financial responsibility orders; service. (1) Any time support enforcement services are
being provided under ORS 25.080, the obligor, the obligee, the party holding
the support rights or the administrator may move for the existing order to be
modified under this section. The motion shall be in writing in a form
prescribed by the administrator, shall set out the reasons for modification and
shall state the telephone number and address of the party requesting
modification.
     (2) The moving party shall state in the
motion, to the extent known:
     (a) Whether there is pending in this state
or any other jurisdiction any type of support proceeding involving the
dependent child, including a proceeding brought under ORS 25.287, 107.085,
107.135, 107.431, 108.110, 109.100, 109.103, 109.165, 125.025, 416.415,
419B.400 or 419C.590 or ORS chapter 110; and
     (b) Whether there exists in this state or
any other jurisdiction a support order, as defined in ORS 110.303, involving
the dependent child, other than the order the party is moving to modify.
     (3) The moving party shall include with
the motion a certificate regarding any pending support proceeding and any
existing support order other than the order the party is moving to modify. The
party shall use a certificate that is in a form prescribed by the administrator
and include information required by the administrator and subsection (2) of
this section.
     (4) The moving party shall serve the
motion upon the obligor, the obligee, the party holding the support rights and
the administrator, as appropriate. The nonrequesting parties must be served in
the same manner as provided for service of the notice and finding of financial
responsibility under ORS 416.415 (1)(a). Notwithstanding ORS 25.085, the
requesting party must be served by first class mail to the requesting partyÂ’s
last known address. The nonrequesting parties have 30 days to resolve the
matter by stipulated agreement or to serve the moving party by regular mail
with a written response setting forth any objections to the motion and a
request for hearing. The hearing shall be conducted under ORS 416.427.
     (5) When the moving party is other than
the administrator and no objections and request for hearing have been served
within 30 days, the moving party may submit a true copy of the motion to the
administrative law judge as provided in ORS 416.427, except the default may not
be construed to be a contested case as defined in ORS chapter 183. Upon proof
of service, the administrative law judge shall issue an order granting the
relief sought.
     (6) When the moving party is the
administrator and no objections and request for hearing have been served within
30 days, the administrator may enter an order granting the relief sought.
     (7) A motion for modification made under
this section does not stay the administrator from enforcing and collecting upon
the existing order unless so ordered by the court in which the order is
entered.
     (8) An administrative order filed in
accordance with ORS 416.440 is a final judgment as to any installment or
payment of money that has accrued up to the time the nonrequesting party is
served with a motion to set aside, alter or modify the judgment. The
administrator may not set aside, alter or modify any portion of the judgment
that provides for any payment of money for minor children that has accrued
before the motion is served. However:
     (a) The administrator may allow a credit
against child support arrearages for periods of time, excluding reasonable
parenting time unless otherwise provided by order or judgment, during which the
obligor, with the knowledge and consent of the obligee or pursuant to court
order, has physical custody of the child; and
     (b) The administrator may allow a credit
against child support arrearages for any Social Security or veteransÂ’ benefits
paid retroactively to the child, or to a representative payee administering the
funds for the childÂ’s use and benefit, as a result of a parentÂ’s disability or
retirement.
     (9) The party requesting modification has
the burden of showing a substantial change of circumstances or that a
modification is appropriate under the provisions of ORS 25.287.
     (10) An administrative order modifying a
court order is not effective until the administrative order is reviewed and
approved by the court that entered the court order. The court shall make a
written finding on the record that the administrative order complies with the
formula established by ORS chapter 25. The court may approve the administrative
order at any time after the order is issued. If upon review the court finds
that the administrative order should not be approved, the court shall set the
matter for hearing de novo.
     (11) The obligee is a party to all
proceedings under this section.
     (12) An order entered under this section
that modifies a support order because of the incarceration of the obligor is
effective only during the period of the obligorÂ’s incarceration and for 60 days
after the obligorÂ’s release from incarceration. The previous support order is
reinstated by operation of law on the 61st day after the obligorÂ’s release from
incarceration. An order that modifies a support order because of the obligorÂ’s
incarceration must contain a notice that the previous order will be reinstated
on the 61st day after the obligor’s release from incarceration. [1979 c.421 §5;
1985 c.671 §37; 1989 c.566 §2; 1991 c.519 §4; 1993 c.596 §33; 1995 c.609 §1;
1999 c.127 §1; 1999 c.836 §1; 2003 c.75 §88; 2003 c.116 §13; 2003 c.419 §4;
2003 c.572 §16b; 2003 c.576 §208a; 2005 c.560 §13]
     416.427
Hearings procedure; parties; enforcement of order; appeal of order. (1) When a party requests a hearing pursuant
to ORS 416.415, 416.417, 416.425 (1) or 416.429, the contested case provisions
of ORS chapter 183 apply except as provided in subsection (6) of this section.
     (2) Except as provided in ORS 416.430,
hearings shall be conducted by an administrative law judge assigned from the
Office of Administrative Hearings.
     (3) The administrative law judge may issue
subpoenas for witnesses necessary to develop a full record. The attorney of
record for the office of the Division of Child Support or the office of the district
attorney may issue subpoenas. Witnesses appearing pursuant to subpoena, other
than parties or officers or employees of the administrator, shall receive fees
and mileage as prescribed by law for witnesses in ORS 44.415 (2). Obedience to
the subpoena may be compelled in the same manner as set out in ORS 183.440 (2).
     (4) Upon issuance of an order, action by
the administrator to enforce and collect upon the order, including arrearages,
may be taken. Action by the administrator may not be stayed or partially stayed
pending appeal or by any court unless there is substantial evidence showing
that the obligor would be irreparably harmed and that the obligee would not be
irreparably harmed.
     (5) An order issued by the administrative
law judge or the administrator is final. The order shall be in full force and
effect while any appeal is pending unless the order is stayed by a court. A
court may not grant a stay unless there is substantial evidence showing the
obligor would be irreparably harmed and that the obligee would not be
irreparably harmed.
     (6) Appeal of the order of the
administrative law judge or any default or consent order entered by the
administrator pursuant to ORS 416.400 to 416.465 may be taken to the circuit
court of the county in which the order has been entered pursuant to ORS 416.440
for a hearing de novo. The appeal shall be by petition for review filed within
60 days after the order has been entered pursuant to ORS 416.440. Unless
otherwise specifically provided by law, the appeal shall be conducted pursuant
to the Oregon Rules of Civil Procedure.
     (7) The obligor, the obligee and the state
are parties to any proceedings, including appeals, under this section. [1985
c.671 §35; 1989 c.566 §3; 1989 c.980 §13a; 1993 c.596 §34; 1995 c.608 §6; 1999
c.849 §§78,79; 2003 c.75 §34; 2003 c.576 §§209,210; 2005 c.560 §14]
     416.429
Notice of intent to establish and enforce arrearages; request for hearing;
order. (1) The administrator
may issue a notice of intent to establish and enforce arrearages for any support
order that is registered, filed or entered in this state. The notice must be
served upon the obligor in the manner prescribed for service of summons in a
civil action or mailed to the obligor at the obligorÂ’s last-known address by
certified mail, return receipt requested. The administrator shall mail the
notice to the obligee by regular mail.
     (2) The notice shall include:
     (a) A statement of the name of the
caretaker relative or agency and the name of the dependent child for whom
support is to be paid;
     (b) A statement of the monthly support the
obligor is required to pay under the support order;
     (c) A statement of the arrearages claimed
to be owed under the support order;
     (d) A demand that the obligor make full
payment to the Department of Justice or the clerk of the court, whichever is
appropriate, within 14 days of the receipt or service of the notice;
     (e) A statement that if full payment or an
objection is not received within 14 days, the administrator will enter an order
directing that the amount of the arrearages stated in the notice be entered in
the child support accounting record maintained by the Department of Justice;
     (f) A statement that if the obligor or the
obligee objects to the enforcement of the arrearages, then the objecting party
must send to the office issuing the notice, within 14 days of the date of
service, a written response that sets forth any objections and requests a
hearing;
     (g) A statement that the only basis upon
which an obligor or an obligee may object to the enforcement of the arrearages
is that the amount of the arrearages specified in the notice is incorrect;
     (h) A reference to ORS 416.400 to 416.465;
     (i) A statement that the obligor and the
obligee are responsible for notifying the office of any change of address or
employment;
     (j) A statement that if the obligor or the
obligee has any questions, the obligor or obligee should telephone or visit the
appropriate office or consult an attorney; and
     (k) Such other information as the
administrator finds appropriate.
     (3) If a timely written response setting
forth objections and requesting a hearing is received by the appropriate
office, a hearing shall be held under ORS 416.427.
     (4) If no timely written response and
request for hearing is received by the appropriate office, the administrator
shall enter an order directing that the amount of the arrearages stated in the
notice be entered in the child support accounting record maintained by the
Department of Justice.
     (5) Action to administratively enforce and
collect upon the arrearages established under this section may be taken 14 days
after service of or receipt or refusal of the notice by the obligor or obligee.
     (6) Nothing in this section shall prevent
the administrator from using other available enforcement remedies at any time. [1985
c.671 §36; 1991 c.520 §1; 1993 c.596 §35; 1995 c.608 §18; 1999 c.93 §1; 1999
c.735 §21; 2003 c.576 §211]
     416.430
Establishing paternity of child; certification of paternity issue to circuit
court. (1) The administrator
may establish paternity of a child in the course of a support proceeding under
ORS 416.400 to 416.465 when both parents sign statements that paternity has not
been legally established and that the male parent is the father of the child.
The administrator may enter an order which establishes paternity.
     (2) If the parent fails to file a response
denying paternity and requesting a hearing within the time period allowed in
ORS 416.415 (2), then the administrator, without further notice to the parent,
may enter an order, in accordance with ORS 416.415 (7), which declares and
establishes the parent as the legal father of the child.
     (3) Any order entered pursuant to
subsection (1) or (2) of this section establishes legal paternity for all
purposes. The Center for Health Statistics of the Department of Human Services
shall prepare a new birth certificate in the new name, if any, of the child.
The original birth certificate shall be sealed and filed and may be opened only
upon order of a court of competent jurisdiction.
     (4)(a) If paternity is alleged under ORS
416.415 (3) and a written response denying paternity and requesting a hearing
is received within the time period allowed in ORS 416.415 (2), or if the
administrator determines that there is a valid issue with respect to paternity
of the child, the administrator, subject to the provisions of subsections (5)
and (6) of this section, shall certify the matter to the circuit court for a
determination based upon the contents of the file and any evidence which may be
produced at trial. The proceedings in court shall for all purposes be deemed
suits in equity. The provisions of ORS 109.145 to 109.230 apply to proceedings
certified to court by the administrator pursuant to this section.
     (b) Any response denying paternity and
requesting a hearing shall be sent by the enforcement office to the obligee by
regular mail.
     (5) An action to establish paternity
initiated under ORS 416.400 to 416.465 shall not be certified to court for
trial unless all of the following have occurred:
     (a) Blood tests have been conducted;
     (b) The results of the blood tests have
been served upon the parties and notice has been given that an order
establishing paternity will be entered unless a written objection is received
within 30 days; and
     (c) A written objection to the entry of an
order has been timely received from a party.
     (6) Notwithstanding the provisions of
subsection (5) of this section, the administrator:
     (a) Shall certify the matter to court:
     (A) Within 30 days of receipt by the
administrator of a timely written objection to the entry of an order by a party
under subsection (5)(c) of this section;
     (B) When a party requests certification in
writing after the administrator has received a partyÂ’s written denial of
paternity if at least 120 days have elapsed from receipt of the denial; or
     (C) Upon receipt of blood test results
with a cumulative paternity index of less than 99; and
     (b) May certify the matter to court at any
time under any other circumstances.
     (7) If the blood tests conducted under ORS
109.250 to 109.262 result in a cumulative paternity index of 99 or greater,
evidence of the tests, together with the testimony of the parent, shall be a
sufficient basis upon which to establish paternity and the administrator may
enter an order declaring the alleged father as the legal father of the child
unless a party objects in writing to the entry of the order. The testimony of
the parent may be presented by affidavit.
     (8) Prior to certification to court, the
administrator may attempt to resolve the issue of paternity by discovery
conducted under the Oregon Rules of Civil Procedure. Unless otherwise
specifically provided by statute, the proceedings shall be conducted under the
Oregon Rules of Civil Procedure.
     (9) When, in accordance with subsection
(6)(a)(A) of this section, a party objects to the entry of an order and the
blood tests conducted under ORS 109.250 to 109.262 result in a cumulative
paternity index of 99 or greater, notwithstanding the partyÂ’s objection,
evidence of the tests, together with the testimony of a parent, is a sufficient
basis upon which to presume paternity for purposes of establishing temporary
support under this section. The court shall, upon motion of any party, enter a
temporary order requiring the alleged father to provide support pending the
determination of parentage by the court. In determining the amount of support,
the court shall use the formula established under ORS 25.275. [1979 c.431 §7;
1983 c.709 §44; 1985 c.671 §38; 1989 c.566 §6; 1991 c.484 §2; 1993 c.596 §36;
1995 c.514 §13; 1995 c.609 §2; 1999 c.80 §28]
     416.435
Certification of paternity issue to circuit or juvenile court; trial. (1) Except as provided in subsection (2) of
this section, when a response denying paternity and requesting a hearing is
received pursuant to ORS 416.415 (3), or paternity is a valid issue as
determined by the administrator under ORS 416.430, the certification to the
circuit court shall be to the court in the judicial district where the parent
or dependent child resides.
     (2) Notwithstanding subsection (1) of this
section, if there is an
     (3) The certification shall include true
copies of the notice and finding of financial responsibility, the return of
service, the denial of paternity and request for hearing and any other relevant
papers.
     (4) The court shall set the matter for
trial and notify the parties of the time and place of trial.
     (5) If paternity is established, the
monthly support and the amount of past support to be ordered may be established
under ORS 416.427. [1979 c.421 §6; 1985 c.671 §39; 1989 c.811 §8; 1991 c.519 §5;
1995 c.514 §10; 2003 c.572 §17]
     416.440
Filing order with court; order effective as circuit court judgment. (1) The documents required to be filed for
purposes of subsection (2) of this section include all the following:
     (a) A true copy of any order entered,
filed or registered by the administrator or administrative law judge pursuant
to ORS 416.400 to 416.465 or ORS chapter 110.
     (b) A true copy of the return of service,
if applicable.
     (c) A separate statement containing the
information required to be contained in a judgment under ORS 18.042 (2).
     (2) The documents described under
subsection (1) of this section shall be filed in the office of the clerk of the
circuit court in the county in which either the parent or the dependent child
resides or in the county where the court order was entered if the administrative
order is an order modifying a court order. Upon receipt of the documents, the
clerk shall enter the order in the register of the circuit court, shall note in
the register that the order creates a lien and shall make the notations
required by ORS 18.075 in the judgment lien record maintained under ORS 18.075.
     (3) Upon entry in the register under
subsection (2) of this section, the order shall have all the force, effect and
attributes of a judgment of the circuit court, including but not limited to:
     (a) Creation of a judgment lien under ORS
chapter 18; and
     (b) Ability to be enforced by contempt
proceedings and pursuant to ORS 18.252 to 18.993.
     (4) Notwithstanding subsection (3) of this
section, an administrative order modifying a court order shall not become
effective until reviewed and approved by the court under ORS 416.425 (10).
     (5) Notwithstanding subsections (2) and
(3) of this section, the entry in the register of an order of the administrator
or administrative law judge does not preclude any subsequent proceeding or
remedy available under ORS 416.400 to 416.465.
     (6) A court or administrative order of
another state may be filed, or if appropriate, registered, pursuant to this
section for the purposes of ORS chapter 110. Notwithstanding any other
provision of this chapter, an order of another state registered pursuant to ORS
110.405, 110.408 and 110.411 may not be modified unless the requirements of ORS
110.432 are met. [1979 c.421 §9; 1983 c.696 §20; 1985 c.671 §39a; 1989 c.566 §4;
1989 c.768 §§10,13; 1991 c.519 §6; 1995 c.608 §7; 2003 c.75 §89; 2003 c.116 §14;
2003 c.576 §212; 2005 c.568 §30; 2007 c.339 §14]
     416.443
Reopening issue of paternity; order. (1) As used in this section, “blood tests” has the meaning given that
term in ORS 109.251.
     (2) No later than one year after an order
establishing paternity is entered under ORS 416.440 and if blood tests have not
been completed, a party may apply to the administrator to have the issue of
paternity reopened and for an order for blood tests.
     (3) No later than one year after a
voluntary acknowledgment of paternity is filed in this state and if blood tests
have not been completed, a party to the acknowledgment, or the Department of
Human Services if the child named in the acknowledgment is in the care and
custody of the department under ORS chapter 419B, may apply to the
administrator for services under ORS 25.080 and for an order for blood tests.
     (4) Upon receipt of a timely application,
the administrator shall order:
     (a) The mother and the male party to
submit to blood tests; and
     (b) The person having physical custody of
the child to submit the child to blood tests.
     (5) If a party refuses to comply with an
order under subsection (4) of this section, the issue of paternity shall, upon
the motion of the administrator, be resolved against that party by an order of
the court either affirming or setting aside the order establishing paternity or
the voluntary acknowledgment of paternity.
     (6) If the results of the blood tests
exclude the male party as the biological father of the child, the administrator
may file a motion with the court for an order setting aside the order
establishing paternity or the voluntary acknowledgment of paternity and for a
judgment of nonpaternity.
     (7) Support paid before an order
establishing paternity or a voluntary acknowledgment of paternity is set aside
under this section may not be returned to the payer.
     (8) The administrator shall send a
court-certified true copy of a judgment of nonpaternity to the State Registrar
of the Center for Health Statistics. Upon receipt of the judgment, the state
registrar shall correct any records maintained by the state registrar that
indicate that the male party is the parent of the child.
     (9) The Child Support Program shall pay
any state registrar fees and any costs for blood tests ordered under this
section, subject to recovery from the party who requested the tests. [1995
c.608 §43; 1999 c.735 §22; 2003 c.576 §213; 2007 c.454 §7]
     416.445 [1979 c.421 §10; 1985 c.610 §4; 1989 c.726 §8;
1991 c.362 §4; 1991 c.519 §7; repealed by 1993 c.798 §21]
     416.448
Multiple child support judgments. (1) As used in this section:
     (a) “Child support judgment” has the
meaning given that term in ORS 25.089.
     (b) “Governing child support judgment” has
the meaning given that term in ORS 25.091.
     (2) Notwithstanding any other provision of
this section or ORS 25.089, when two or more child support judgments exist
involving the same obligor and child, and when one or more of the judgments was
issued by a tribunal of another state, the administrator shall apply the
provisions of ORS chapter 110 before enforcing or modifying a child support
judgment under this section or ORS 25.089.
     (3) When the administrator finds that two
or more child support judgments exist involving the same obligor and child and
the same period, and each child support judgment was issued in this state:
     (a) The administrator may petition the
court for the county where a child who is subject to the judgments resides for
a governing child support judgment under ORS 25.091; or
     (b) The administrator may apply the
presumption described in ORS 25.091, determine the controlling terms of the
child support judgments and issue a proposed governing child support order and
notice to the parties in the manner prescribed by rules adopted by the
Department of Justice under ORS 416.455. The proposed governing child support
order must include all of the information described in ORS 25.091 (8). The
administrator shall serve the proposed governing child support order and notice
in the manner provided in ORS 416.425. The notice must include a statement that
the proposed governing child support order shall become final unless a written
objection is made to the administrator within 60 days after service of the
proposed governing child support order and notice.
     (4) If the administrator receives a timely
written objection to a proposed governing child support order issued under
subsection (3)(b) of this section, the administrator shall certify the matter
to the court for the county where a child who is subject to the judgments
resides for a governing child support judgment under ORS 25.091.
     (5) If the administrator does not receive
a timely written objection to a proposed governing child support order issued
under subsection (3)(b) of this section, the governing child support order is
final. The administrator shall certify the governing child support order to a
court for review and approval under ORS 416.425 (10). The governing child
support order is not effective until reviewed and approved by the court. If the
court approves the governing child support order, the governing child support
order becomes the governing child support judgment upon filing as provided in
ORS 416.440.
     (6) When a governing child support judgment
is entered as described in ORS 416.440, the noncontrolling terms of each
earlier child support judgment regarding monetary support or a health benefit
plan under ORS 25.321 to 25.343 are terminated. However, subject to subsection
(7) of this section, the entry of a governing child support judgment does not
affect any support payment arrearage or any liability related to health benefit
plan coverage that has accrued under a child support judgment before the
governing child support judgment is entered.
     (7) For purposes of reconciling any
monetary support arrears or credits under all of the child support judgments,
amounts collected and credited for a particular period under one child support
judgment must be credited against the amounts accruing or accrued for the same
period under any other child support judgment.
     (8) Not sooner than 30 days and not later
than 60 days after entry of the governing child support judgment, the
administrator shall file a certified copy of the governing child support judgment
with each court that issued an earlier child support judgment. A failure to
file does not affect the validity or enforceability of the governing child
support judgment.
     (9) When an administrative law judge finds
that two or more child support judgments exist involving the same obligor and
child and the same period, and each child support judgment was issued in this
state, the administrative law judge shall remand the matter to the
administrator to follow the provisions of subsection (3) of this section. [2003
c.146 §5; 2005 c.22 §287; 2005 c.83 §3]
     416.450
Preventing transfer of assets to evade compliance with order. If at any time subsequent to service,
receipt or refusal of a notice pursuant to ORS 416.415, and prior to the entry
of an order, the administrator reasonably believes that the parent is about to
transfer, encumber, convey, sell, remove, secrete, waste or otherwise dispose
of property which could be made subject to collection action to satisfy the
order for past support, the administrator may certify the matter to the circuit
court, accompanied by a legal description of the property in question, in order
to obtain a temporary restraining order directing that such property not be
transferred, encumbered, conveyed, sold, removed, secreted, wasted or otherwise
disposed of pending entry of a support order by the circuit court. The
administrator shall, in such cases, file in the case record a certified
statement of the reasons upon which such belief is founded. If the parent
furnishes a good and sufficient bond satisfactory to the court, the temporary
restraining order shall be vacated. A certified copy of an order entered under
this section may be recorded in the same manner as a notice of lis pendens
under ORS 93.740. [1979 c.421 §11; 1995 c.514 §11]
     416.455
Authority of administrator and administrative law judge; rules. (1) In any individual case, commencing with
the payment of public assistance, with the application for enforcement services
under ORS 25.080 by an individual not receiving public assistance or upon
receipt of a written request for enforcement of a support obligation from the
state agency of another state responsible for administering the federal child
support enforcement program, the administrator may take action under ORS 416.400
to 416.465. The administrator and, as appropriate, the administrative law
judge, may establish, modify and terminate support orders, require health care
coverage for dependent children, establish paternity and collect child support.
     (2) The Department of Justice may make
such rules as may be necessary or desirable for carrying out ORS 416.400 to
416.465. [1979 c.421 §12; 1985 c.671 §40; 1993 c.18 §101; 2003 c.73 §63a; 2003
c.75 §90]
     416.460
Expeditious court hearings.
The Supreme Court by administrative order shall provide, where necessary, for
expeditious hearings on all matters referred to the circuit court pursuant to
ORS 416.435 or 416.450. [1979 c.421 §13]
     416.465
Relief from compliance with order. The court may, upon such terms as may be just at any time within one
year after notice thereof, relieve a parent from an administrative order taken
against that parent because of mistake, inadvertence, surprise or excusable
neglect. [1979 c.421 §15]
     416.470 [1979 c.421 §16; 1985 c.671 §41; 1989 c.566 §5;
2003 c.116 §15; repealed by 2005 c.560 §17]
RECOVERY OF
SUPPORT FOR YOUTH OFFENDERS
     416.480
Definitions for ORS 416.480 to 416.486. As used in ORS 416.480 to 416.486:
     (1) “Administrator” has the meaning given
that term in ORS 25.010.
     (2) “Court” means the juvenile court or
the circuit court.
     (3) “Director” means the Director of the
Oregon Youth Authority.
     (4) “Youth authority” means the Oregon
Youth Authority.
     (5) “Youth offender” has the meaning given
that term in ORS 419A.004. [1995 c.422 §131s; 2001 c.455 §22]
     Note: 416.480 to 416.486 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
416 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     416.483
Order for support of youth offender or other offender. (1) After an opportunity for a hearing on
the matter, the court or the administrator may enter an order in favor of the
Oregon Youth Authority that requires a parent or other person to pay support
toward the care and maintenance of a youth offender or other offender if:
     (a) The parent or other person is legally
responsible for the support of the youth offender or other offender; and
     (b)(A) The youth offender is committed to
the legal custody of the youth authority by order of the juvenile court; or
     (B) The other offender is placed in the
physical custody of the youth authority under ORS 137.124.
     (2) The formula established under ORS
25.275 applies to an order entered under this section.
     (3) When the administrator makes an order
under this section, the provisions of ORS 416.400 to 416.465 apply. [1995 c.422
§131t; 1999 c.213 §1; 2007 c.71 §107]
     Note: See note under 416.480.
     416.486
Youth authority may enter into agreements for support enforcement services. The Director of the Oregon Youth Authority
may apply to the Department of Justice for support enforcement services
available under Title IV-D of the Social Security Act with respect to any youth
offender or other offender in the legal or physical custody of the Oregon Youth
Authority. The youth authority and the department may enter into agreements to
implement this section. [1995 c.422 §131u; 1999 c.213 §2; 2003 c.73 §64]
     Note: See note under 416.480.
LIEN ON
RECIPIENTÂ’S CLAIM FOR DAMAGES FOR PERSONAL INJURIES
     416.510
Definitions for ORS 416.510 to 416.610. As used in ORS 416.510 to 416.610, unless the context requires
otherwise:
     (1) “Action” means an action, suit or
proceeding.
     (2) “Applicant” means an applicant for
assistance.
     (3) “Assistance” means moneys paid by the
Department of Human Services to persons directly and moneys paid by the
department or by a prepaid managed care health services organization for
services provided under contract pursuant to ORS 414.725 to others for the
benefit of such persons.
     (4) “Claim” means a claim of a recipient
of assistance for damages for personal injuries against any person or public
body, agency or commission other than the State Accident Insurance Fund
Corporation or WorkersÂ’ Compensation Board.
     (5) “Compromise” means a compromise
between a recipient and any person or public body, agency or commission against
whom the recipient has a claim.
     (6) “Department” means the Department of
Human Services.
     (7) “Judgment” means a judgment in any
action or proceeding brought by a recipient to enforce the claim of the
recipient.
     (8) “Prepaid managed care health services
organization” means a managed health, dental or mental health care organization
that contracts with the Department of Human Services on a prepaid capitated
basis under the Oregon Health Plan pursuant to ORS 414.725. Prepaid managed
care health services organizations may be dental care organizations, fully
capitated health plans, mental health organizations or chemical dependency
organizations.
     (9) “Recipient” means a recipient of
assistance.
     (10) “Settlement” means a settlement
between a recipient and any person or public body, agency or commission against
whom the recipient has a claim. [Formerly 411.552; 1969 c.203 §12; 2001 c.600 §1]
     416.520
Claim for damages for personal injuries not grounds for denying assistance. If any applicant or recipient has a claim
for damages for personal injuries, the existence of such claim or any action to
enforce such claim shall not be grounds for denying or discontinuing assistance
to such applicant or recipient. [Formerly 411.554]
     416.530
Notice of claim to department or prepaid managed care health services
organization. When any
applicant or recipient makes a claim or, without making a claim, begins an
action to enforce such claim, the applicant or recipient, or the attorney for
the applicant or the recipient, shall immediately notify the Department of
Human Services and the recipientÂ’s prepaid managed care health services
organization, if the recipient is receiving services from the organization. If
an applicant or recipient, or the attorney for the applicant or the recipient,
has given notice that the applicant or recipient has made a claim, it shall not
be necessary for the applicant or recipient, or the attorney for the applicant
or the recipient, to give notice that the applicant or recipient has begun an
action to enforce such claim. The notification shall include the name and
address of each person or public body, agency or commission against whom claim
is made or action is brought. If claim is made or action is brought against a
corporation, the address given in such notification shall be that of its
principal place of business. If the applicant or recipient is a minor, the parents,
legal guardian or foster parents of the minor shall give the notification
required by this section. [Formerly 411.556; 2001 c.600 §2]
     416.540
Lien of department; assignment of lien to prepaid managed care health services
organization. (1) Except as
provided in subsection (2) of this section and in ORS 416.590, the Department
of Human Services shall have a lien upon the amount of any judgment in favor of
a recipient or amount payable to the recipient under a settlement or compromise
for all assistance received by such recipient from the date of the injury of
the recipient to the date of satisfaction of such judgment or payment under
such settlement or compromise.
     (2) The lien does not attach to the amount
of any judgment, settlement or compromise to the extent of attorneyÂ’s fees,
costs and expenses incurred by a recipient in securing such judgment,
settlement or compromise and to the extent of medical, surgical and hospital
expenses incurred by the recipient on account of the personal injuries for
which the recipient had a claim.
     (3) The department may assign the lien
described in subsection (1) of this section to a prepaid managed care health
services organization for medical costs incurred by a recipient:
     (a) During a period for which the
department paid a capitation or enrollment fee; and
     (b) On account of the personal injury for
which the recipient had a claim.
     (4) A prepaid managed care health services
organization to which the department has assigned a lien shall notify the
department no later than 10 days after filing notice of a lien.
     (5) For the purposes of ORS 416.510 to
416.610, the department may designate the prepaid managed care health services
organization to which a lien is assigned as its designee.
     (6) If the department and a prepaid managed
care health services organization both have filed a lien, the departmentÂ’s lien
shall be satisfied first. [Formerly 411.558; 2001 c.600 §4]
     416.550
Procedure to perfect lien.
(1) Upon receiving notice under ORS 416.530, to perfect its lien the Department
of Human Services shall:
     (a) File a notice of lien, substantially
in the form prescribed in ORS 416.560, with the recording officer of the county
in which the person against whom claim is made or action is brought resides. If
the claim or action is against a corporation, the notice of lien shall be filed
with the recording officer of the county within the state in which such
corporation has its principal place of business. If the claim or action is
against a public body, agency or commission, the notice of lien shall be filed
with the recording officer of the county in which the public body, agency or
commission has its main offices; and
     (b) Prior to the date of satisfaction of
the judgment or payment under the settlement or compromise, send a certified
copy of the notice of lien by registered mail or by certified mail with return
receipt to each person or public body, agency or commission against whom claim
is made or action is brought by the recipient.
     (2) Upon the filing of a notice of lien by
the department, the recording officer shall enter the name of the injured
person, the approximate date of the injury and the name of the department as
lienor in the hospital lien docket provided for in ORS 87.575 and shall make an
index thereto in the names of the injured persons and the department. [Formerly
411.560; 1991 c.249 §33; 2001 c.600 §5]
     416.560
Form of notice of lien. The
form of the notice required by ORS 416.550 (1) shall be substantially as
follows:
______________________________________________________________________________
     Notice is hereby given that the Department
of Human Services has rendered assistance to ____________, a person who was
injured on or about the ___ day of ______ in the city of ______ and State
of ______, and the Department of Human Services hereby asserts a lien to
the extent provided in ORS 416.510 to 416.610, for the amount of such
assistance upon any amount due and owing ________ (name of injured person)
under a judgment, settlement or compromise from ______ alleged to have caused
such injuries and from any other person or public body, agency or commission
liable for the injury or obligated to compensate the injured person on account
of such injuries.
Department of Human Services
by____________,
Director of Human Services or designee.
State of
                                  )          ss.
     I, ____________, being first duly sworn on
oath say: That I am the Director of Human Services or designee; that I have
read the foregoing notice of lien and know the contents thereof and believe the
same to be true.
____________
     Subscribed and sworn to before me this ___
day of ______, ______.
____________, Notary Public.
______________________________________________________________________________
[Formerly 411.562;
1969 c.597 §251; 2001 c.600 §6]
     416.570
Notice to department when judgment rendered or claim settled; statement by department
of amount of lien.
Immediately after a judgment has been rendered in favor of a recipient or a
settlement or compromise has been agreed upon, the person or public body,
agency or commission bound by such judgment, settlement or compromise shall
notify the Department of Human Services. After such notification the department
shall send a statement of the amount of its lien to such person or public body,
agency or commission by registered mail or by certified mail with return
receipt. [Formerly 411.564; 1991 c.249 §34; 2001 c.600 §7]
     416.580
Payment in satisfaction of lien. (1) After a notice of lien is filed in the manner provided in ORS
416.550 (2), any person or public body, agency or commission who makes any
payment to the injured recipient, the heirs, personal representatives or
assigns of the recipient, or their attorneys, under a judgment, settlement or
compromise without previously having paid to the Department of Human Services
the amount of its lien, shall be liable to the State of Oregon, for the use and
benefit of the department for a period of 180 days after the date of such
payment for the amount of such payment to the extent that the lien attached
thereto under ORS 416.540.
     (2) Any amount paid to the department in
satisfaction of its lien shall be distributed by the department to the United
States Government and the Public Welfare Account, as their interests may
appear.
     (3) If the recipient is a minor, no
payments to the department in satisfaction of its lien and, except to the
extent of the fees, costs and expenses specified in ORS 416.540 (2), no
payments to the recipient under a judgment, settlement or compromise shall be
made until a hearing has taken place and the court has issued its order under
ORS 416.590. [Formerly 411.566; 1969 c.45 §3; 2001 c.600 §8]
     416.590
Procedure when recipient is minor. (1) If the recipient is a minor, after the date on which a judgment in
favor of the recipient is rendered or settlement or compromise is agreed upon,
the guardian of the minor or the conservator of the estate of the minor shall
petition the court having probate jurisdiction in the county in which the
guardian or conservator was appointed to determine the sum that will be needed
for the minorÂ’s complete physical rehabilitation. If the guardian or the
conservator of the minorÂ’s estate fails to petition the court, any other
interested person or public body, agency or commission may file the petition.
The lien of the Department of Human Services provided for in ORS 416.510 to
416.610 shall not attach to the amount of the judgment, settlement or
compromise to the extent of the sum needed for the rehabilitation. Among other
data, the petition shall contain the name and address of each person or public
body, agency or commission liable to the minor under the judgment, settlement
or compromise.
     (2) The court shall conduct a hearing to
determine the sum that will be needed by the minor and at least 10 days prior
to the date of the hearing, the clerk of the court shall notify the conservator
of the minorÂ’s estate, the department and the person who filed the petition, if
the person is someone other than the guardian or the conservator of the minorÂ’s
estate, of the date on which the hearing will be held. At the hearing any
interested person as well as witnesses for the minor and for the department may
testify on the question before the court. Upon reaching a decision, the court
shall issue an order setting forth the decision and the clerk of the court
shall enter the order in an appropriate record book. The clerk shall also send
a copy of the order to the guardian or the conservator of the minorÂ’s estate,
the person who filed the petition if the person is someone other than the
guardian or the conservator of the minorÂ’s estate, the department and to each
person or public body, agency or commission liable to the minor under the
judgment, settlement or compromise. [Formerly 411.568; 1973 c.823 §131; 2001
c.600 §9]
     416.600
Release of portion of lien in certain cases. When the Department of Human Services determines that a recipient will
incur additional medical, surgical or hospital expenses or that additional
assistance will have to be given to the recipient after the date of
satisfaction of judgment or payment under a settlement or compromise, the
department may release any portion of its lien to the extent of such
anticipated expenses and assistance. [Formerly 411.570; 2001 c.600 §10]
     416.610
Action against recipient who fails to notify department or prepaid managed care
health services organization of claim. The Department of Human Services or the recipientÂ’s prepaid managed
care health services organization, if the recipient is receiving services from
the organization, shall have a cause of action against any recipient who fails
to give the notification required by ORS 416.530 for amounts received by the
recipient pursuant to a judgment, settlement or compromise to the extent that
the department or the prepaid managed care health services organization could
have had a lien against such amounts had such notice been given. [Formerly
411.572; 2001 c.600 §3]
MISCELLANEOUS
PROVISIONS
     416.810
Disposition of reimbursements for public assistance granted. All sums of money recovered by or paid to
the Department of Human Services as reimbursement for funds granted for public
assistance shall be paid into the State Treasury and credited to the Public
Welfare Account and may be expended for public assistance purposes in
accordance with ORS 411.060 to 411.111, 411.250 and 411.710 to 411.730.
However, the United States Government is entitled to a share of any amount
received as its interest may appear, which shall be promptly paid to the United
States Government. [Formerly 411.510; 1969 c.45 §4; 2003 c.14 §208]
     416.820
Acceptance and disbursement of gifts for support of certain persons. The Department of Human Services may accept
funds, money or other valuable things from relatives, corporations or
interested persons or organizations for the care and support of needy persons
and may expend the same for the care and support of the individual or
individuals for whom the money was paid. Funds accruing thereunder shall be
deposited with the State Treasurer in a special account and shall be disbursed
in accordance with ORS 411.060 to 411.111, 411.250 and 411.710 to 411.730. [Formerly
411.520; 1971 c.779 §51]
     416.830
Acceptance and disbursement of gifts for public assistance. The Department of Human Services may accept
from persons, corporations and organizations contributions or gifts in cash or
otherwise that shall be disbursed in the same manner as moneys appropriated for
public assistance purposes, unless the donor of a gift stipulates a different
manner in which a gift shall be expended. Moneys received under this section
shall be deposited with the State Treasurer in an account separate and distinct
from the General Fund. Interest earned by the account shall be credited to the
account. Moneys in the account are continuously appropriated to the department
for the purposes specified in this section. [Formerly 411.530; 1971 c.779 §52;
1989 c.966 §47; 2005 c.755 §33]
PENALTIES
     416.990
Penalties. Any person who
makes, renders, signs or verifies any false or fraudulent statement, or
supplies any false or fraudulent information with intent to evade any lawful
requirement of the Department of Human Services is guilty of a misdemeanor. [Formerly
part of 411.990; 2001 c.900 §225]
_______________
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