Chapter 213 Oregon Laws 1999

Session Law

AN ACT

HB 2204

Relating to support of offenders in custody of the Oregon Youth Authority; amending ORS 416.417, 416.483 and 416.486.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 416.483 is amended to read:

416.483. (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 [legally responsible for the support of a youth offender] to pay support toward the care and maintenance of a youth offender [who is in the legal or physical custody of the youth authority] 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.

SECTION 2. ORS 416.486 is amended to read:

416.486. The Director of the Oregon Youth Authority may apply to the Department of Human Resources 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 Resources may enter into agreements to implement this section.

SECTION 3. ORS 416.417 is amended to read:

416.417. An order for support entered pursuant to ORS 416.400 to 416.470 for a child in the care and custody of the State Office for Services to Children and Families, 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, [or] youth offender or other offender residing in a state financed or supported residence, shelter or other facility or institution. A certificate signed by the Assistant Director for Services to Children and Families, the Administrator of the Support Enforcement Division 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.

Approved by the Governor June 3, 1999

Filed in the office of Secretary of State June 3, 1999

Effective date October 23, 1999

__________