Chapter 416 — Recovery of Assistance Payments

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2001 EDITION

416.010 [1961 c.605 §2; 1969 c.597 §250; 1971 c.407 §1; 1995 c.79 §210; repealed by 2001 c.900 §261]

416.020 [Formerly 411.410; 1971 c.480 §3; 1971 c.779 §49; repealed by 2001 c.900 §261]

416.030 [Formerly 411.420; 1967 c.549 §7; 1971 c.125 §1; 1971 c.750 §5; 1999 c.59 §108; repealed by 2001 c.900 §261]

416.035 [1971 c.750 §2; repealed by 2001 c.900 §261]

416.040 [1961 c.605 §6; subsection (4) enacted as 1963 c.499 §8; repealed by 2001 c.900 §261]

416.050 [1961 c.605 §7; repealed by 2001 c.900 §261]

416.055 [1971 c.480 §2; repealed by 2001 c.900 §261]

416.060 [Formerly 411.425; repealed by 1971 c.651 §1 (416.061 enacted in lieu of 416.060)]

416.061 [1971 c.651 §2 (enacted in lieu of 416.060); repealed by 2001 c.900 §261]

416.070 [1961 c.605 §16; repealed by 2001 c.900 §261]

416.080 [Formerly 411.440 and then 411.428; repealed by 2001 c.900 §261]

416.090 [Formerly 411.450 and then 411.434; repealed by 2001 c.900 §261]

416.100 [Formerly 411.460 and then 411.438; repealed by 2001 c.900 §261]

416.110 [Formerly 411.441; 1979 c.562 §14; 1983 c.740 §141; repealed by 2001 c.900 §261]

416.120 [Formerly 411.442; subsection (4) enacted as 1961 c.605 §15; 1971 c.734 §46; 1999 c.849 §§75,76; repealed by 2001 c.900 §261]

416.130 [Formerly 411.444; repealed by 2001 c.900 §261]

416.140 [Formerly 411.446; repealed by 1971 c.734 §21]

416.145 [1971 c.734 §48; repealed by 2001 c.900 §261]

416.150 [1961 c.605 §13; repealed by 1971 c.734 §21]

416.160 [1961 c.605 §14; repealed by 1971 c.734 §21]

416.170 [Formerly 411.448; 1975 c.146 §5; 1983 c.696 §19; repealed by 2001 c.900 §261]

416.180 [Formerly 411.452; 1993 c.223 §10; repealed by 2001 c.900 §261]

416.190 [Formerly 411.454; repealed by 2001 c.900 §261]

416.200 [Formerly 411.456; repealed by 2001 c.900 §261]

416.210 [Formerly 411.458; repealed by 2001 c.900 §261]

416.220 [1961 c.605 §19; 1971 c.779 §50; repealed by 2001 c.900 §261]

416.230 [Formerly 411.462; 1971 c.407 §2; repealed by 1979 c.690 §19]

416.240 [Formerly 411.464; repealed by 2001 c.900 §261]

416.250 [Formerly 411.466; repealed by 2001 c.900 §261]

416.260 [Formerly 411.470; 1969 c.45 §2; 1971 c.418 §13; repealed by 2001 c.900 §261]

416.270 [Formerly 411.474; repealed by 2001 c.900 §261]

416.280 [Formerly part of 414.105; repealed by 2001 c.900 §261]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 413.200, 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 as old-age assistance or pursuant to ORS 418.040, 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 poor 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]

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 RESPONSIBILITY FOR DEPENDENT CHILDREN

416.400 Definitions for ORS 416.400 to 416.470. As used in ORS 416.400 to 416.470, unless the context requires otherwise:

(1) "Administrator" has the meaning given that term in ORS 25.010.

(2) "Court" shall mean 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, decree or order of any Oregon court that orders payment of a set or determinable amount of support money by the subject parent and does not include an order or decree in any proceeding in which the court did not order support.

(4) "Department" means the Department of Human Services 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. When support is sought for a youth offender in the physical or legal custody of the Oregon Youth Authority, "department" includes the Oregon Youth Authority.

(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 United States. "Dependent child" also means a child attending school as defined in ORS 107.108.

(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 such person has an obligation to support a dependent child pursuant to ORS 109.053.

(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 department which 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 such necessities.

(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]

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 416.470 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 416.470 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 416.470, the following are parties and shall be given notice of any such proceeding by the administrator:

(a) The State of Oregon.

(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. Notice may be given the obligee by regular mail.

(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 416.470. [1993 c.596 §31; 1999 c.836 §2]

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; contents; service; hearing; order. (1)(a) At any time after the Department of Human Services 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. Such 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 which 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 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 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 such coverage is available to the parent at a reasonable cost;

(e) A statement that if the parent or the obligee desires to discuss the amount of support or health care coverage that the parent should be required to pay or provide, the parent or the obligee may contact the office which 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 parent’s and to the obligee’s last-known address, or if applicable, the parent’s or the obligee’s attorney’s last-known address;

(f) 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 which 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;

(g) 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;

(h) 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;

(i) A reference to ORS 416.400 to 416.470;

(j) A statement that both the parent and the obligee are responsible for notifying the office of any change of address or employment;

(k) A statement that if the parent has any questions, the parent should telephone or visit the appropriate office or consult an attorney; and

(L) 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;

(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 which denies paternity and requests a hearing, then the administrator, without further notice to the alleged parent, or to the obligee, may enter an order which 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 parent’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)(f) 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 pursuant to 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;

(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]

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 416.470 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 such 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 416.435. [1985 c.610 §8; 1989 c.519 §4; 1995 c.422 §131w; 1999 c.213 §3]

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 Employment Department, 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]

416.420 [1979 c.421 §8; repealed by 1989 c.811 §10]

416.422 Order for past support; period of time. (1) Past support may not be ordered for any period of time prior to the later of:

(a) October 1, 1995; or

(b) The date of the application for service from, or, in the case of a mandatory referral based on the receipt of public assistance, the date of the referral to, the child support program administered under Title IV-D of the Social Security Act.

(2) The past support provisions of the amendments to ORS 416.400, 416.415, 416.435 and 416.450 by sections 8, 9, 10 and 11, chapter 514, Oregon Laws 1995, apply only to actions initiated on or after October 1, 1995. [1995 c.514 §16]

416.425 Modification of financial responsibility order; service. (1) Any time support enforcement services are being provided under ORS 25.080, the obligated parent, 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 moving party. The motion shall be served upon the obligated parent, the obligee, the party holding the support rights and the administrator, as appropriate. The obligor shall be served in the same manner as provided for service of the notice and finding of financial responsibility under ORS 416.415 (1). The obligee shall be served in accordance with ORS 25.085. The parties against whom the motion is made shall 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 pursuant to ORS 416.427.

(2) 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 hearings officer as provided in ORS 416.427, except the default shall not be construed to be a contested case as defined in ORS 183.310 to 183.550. Upon proof of service, the hearings officer shall issue an order granting the relief sought.

(3) 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.

(4) A motion for modification made pursuant to this section shall not stay the administrator from enforcing and collecting upon the existing order unless so ordered by the court in which the order is docketed.

(5) Except as otherwise provided by ORS 416.400 to 416.470, the only support payments which may be modified are the monthly future support payments.

(6) The party requesting modification shall have the burden of showing a substantial change of circumstances or that a modification is appropriate under the provisions of ORS 25.287.

(7) 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.

(8) The obligee is a party to all proceedings under this section.

(9) 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 obligor’s incarceration and for 60 days after the obligor’s release from incarceration. The previous support order is reinstated by operation of law on the 61st day after the obligor’s release from incarceration. An order that modifies a support order because of the obligor’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]

416.427 Hearings procedure; parties; enforcement of order; appeal of order. (1) When a party requests a hearing pursuant to ORS 416.415, 416.425 (1) or 416.429, the contested case provisions of ORS 183.310 to 183.550 apply except when the issue of paternity is to be resolved pursuant to ORS 416.430.

(2) Except as provided in ORS 416.430, hearings shall be conducted by a hearing officer assigned from the Hearing Officer Panel established under section 3, chapter 849, Oregon Laws 1999.

(3) The hearing officer has the power to issue subpoenas for witnesses necessary to develop a full record. The attorney of record for the office 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. Such action shall 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 hearing officer 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. No stay shall be granted 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 hearing officer or any default or consent order entered by the administrator pursuant to ORS 416.400 to 416.470 may be taken to the circuit court of the county in which the order has been docketed 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 docketed 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]

Note: The amendments to 416.427 by section 79, chapter 849, Oregon Laws 1999, become operative January 1, 2004. See section 80, chapter 849, Oregon Laws 1999. The text that is operative on and after January 1, 2004, is set forth for the user’s convenience.

416.427. (1) When a party requests a hearing pursuant to ORS 416.415, 416.425 (1) or 416.429, the contested case provisions of ORS 183.310 to 183.550 apply except when the issue of paternity is to be resolved pursuant to ORS 416.430.

(2) Except as provided in ORS 416.430, hearings shall be conducted by a qualified hearing officer appointed by the Employment Department.

(7) The obligor, the obligee and the state are parties to any proceedings, including appeals, under this section.

416.429 Notice of intent to establish and enforce arrearages; content; other remedies. (1) The administrator may issue a notice of intent to establish and enforce arrearages for any support order that is registered, filed or docketed 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 obligor’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;

(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 416.470;

(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]

Note: Section 2, chapter 93, Oregon Laws 1999, provides:

Sec. 2. (1) The amendments to ORS 416.429 by section 1 of this 1999 Act apply only to notices of intent issued by administrators on or after the effective date of this 1999 Act [October 23, 1999].

(2) The amendments to ORS 416.429 by section 1 of this 1999 Act do not affect any notice of intent issued under ORS 416.429 (1997 Edition) before the effective date of this 1999 Act. Any notice of intent issued under ORS 416.429 before the effective date of this 1999 Act shall continue to be governed by ORS 416.429 (1997 Edition). [1999 c.93 §2]

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 416.470 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 416.470 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

(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 party’s written denial of paternity if at least 120 days have elapsed from receipt of the denial; or

(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 party’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 order 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, 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 Oregon juvenile court case regarding the dependent child, the matter may be certified to the county which has jurisdiction of the juvenile court case.

(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]

416.440 Filing and docketing of financial responsibility order; order effective as circuit court decree. (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 hearings officer pursuant to ORS 416.400 to 416.470 or ORS chapter 110.

(b) A true copy of the return of service, if applicable.

(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 docket the order in the circuit court judgment docket.

(3) Upon docketing under subsection (2) of this section, the order shall have all the force, effect and attributes of a docketed order or decree of the circuit court, including but not limited to:

(a) Lien effect;

(b) Ability to be renewed pursuant to ORS 18.360; and

(c) Ability to be enforced by supplementary proceedings, contempt of court proceedings, writs of execution and writs of garnishment.

(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 (7).

(5) Notwithstanding subsections (2) and (3) of this section, the docketing of an order entered by the administrator or hearings officer does not preclude any subsequent proceeding or remedy available under ORS 416.400 to 416.470.

(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]

416.443 Reopening issue of paternity; order. (1) No later than one year after an order establishing paternity is docketed under ORS 416.440 and if no genetic parentage test has been completed, a party may apply to the administrator to have the issue of paternity reopened. Upon receipt of a timely application, the administrator shall order:

(a) The mother and the male party to submit to parentage tests; and

(b) The person having physical custody of the child to submit the child to a parentage test.

(2) If a party refuses to comply with an order under subsection (1) of this section, the issue of paternity shall be resolved against that party by an appropriate order of the court upon the motion of the administrator. Support paid before an order is vacated under this section shall not be returned to the payer. [1995 c.608 §43; 1999 c.735 §22]

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]

416.450 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 Establishment and collection of child support; rules. (1) In any individual case, commencing with the payment of public assistance by the department, 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 416.470. The administrator and, as appropriate, the hearings officer, may establish, modify and terminate support orders, require health care coverage for dependent children, establish paternity and collect child support.

(2) The administrator may make such rules and take such action as may be necessary or desirable for carrying out ORS 416.400 to 416.470. [1979 c.421 §12; 1985 c.671 §40; 1993 c.18 §101]

416.460 Supreme Court to provide for expeditious proceedings. 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 Redetermination of amount of future support payments. (1) If public assistance was being provided at the time an order was entered by the administrator pursuant to ORS 416.415, 416.425, 416.427, 416.430 or 416.455, then either the obligated parent or the party holding the right to receive the monthly support payments pursuant to ORS 416.400 to 416.470 may file, if public assistance is no longer being provided, a motion with the administrator requesting that the amount of the monthly future support payments be redetermined without reference to the present monthly support payments. Such motion must be filed within six months after the closing of the public assistance grant. The motion shall be served by the moving party upon the other party in the manner prescribed for the service of summons in a civil action. A true copy of the motion and a copy of the return of service shall be mailed to the administrator.

(2) The administrator shall have 30 days from receipt of the motion to resolve the matter by stipulated agreement between the parties. If the matter is not resolved by stipulated agreement within 30 days of receipt of the motion, the administrator shall set the matter for hearing pursuant to the provisions of ORS 416.427.

(3) The only support payments which may be modified are the monthly future support payments. [1979 c.421 §16; 1985 c.671 §41; 1989 c.566 §5]

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 25.270 to 25.287 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 416.470 apply. [1995 c.422 §131t; 1999 c.213 §1]

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 Human Services 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 of Human Services may enter into agreements to implement this section. [1995 c.422 §131u; 1999 c.213 §2]

Note: See note under 416.480.

LIEN ON RECIPIENT’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 Workers’ 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]

Note: Section 11, chapter 600, Oregon Laws 2001, provides:

Sec. 11. The amendments to ORS 416.510, 416.530, 416.540, 416.550, 416.560, 416.570, 416.580, 416.590, 416.600 and 416.610 by sections 1 to 10 of this 2001 Act apply to claims or actions initiated on or after the effective date of this 2001 Act [January 1, 2002]. [2001 c.600 §11]

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 recipient’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]

Note: See note under 416.510.

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 attorney’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 department’s lien shall be satisfied first. [Formerly 411.558; 2001 c.600 §4]

Note: See note under 416.510.

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]

Note: See note under 416.510.

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 Oregon, )

) ss.

County of ______ )

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]

Note: See note under 416.510.

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]

Note: See note under 416.510.

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]

Note: See note under 416.510.

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 minor’s complete physical rehabilitation. If the guardian or the conservator of the minor’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 minor’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 minor’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 minor’s estate, the person who filed the petition if the person is someone other than the guardian or the conservator of the minor’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]

Note: See note under 416.510.

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]

Note: See note under 416.510.

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 recipient’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]

Note: See note under 416.510.

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; provided, that the United States Government is entitled to a share of any amount so received as its interest may appear, which shall be promptly paid to the United States Government. [Formerly 411.510; 1969 c.45 §4]

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 which shall be disbursed in the same manner as the money appropriated for public assistance purposes; provided, however, that the donor of such gifts may stipulate the manner in which such gifts 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. [Formerly 411.530; 1971 c.779 §52; 1989 c.966 §47]

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]