ORS 418.032: Department subrogated to right of support for certain children in department custody; child support agreements for children with disabilities.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) Whenever the Department of Human Services has accepted custody of a child under the provisions of ORS 418.015 and is required to provide financial assistance for the care and support of the child, the state shall, by operation of law, be assignee of and subrogated to any right to support from any other person including any sums that may have accrued, up to the amount of assistance provided by the department. If the right to support is contained in a judgment or order that requires a single gross monthly payment for the support of two or more children, the assignment and right of subrogation shall be of such child’s proportionate share of the gross amount. The assignment shall be as provided in ORS 412.024. (2) The department shall attempt to enter into agreements with any person who voluntarily gives custody of a child with a mental or physical disability to the department. Any agreement entered into shall set out the timely and nonadversarial settlement of child support obligations that the person may have with respect to the child. [1979 c.343 §4; 1995 c.502 §1; 1999 c.80 §75; 2003 c.73 §65; 2003 c.576 §445; 2007 c.70 §197]
Administrative rules citing this section
- OAR 413-030-0210: Eligibility Criteria for Substitute Care Placement — implements
- OAR 413-030-0220: Eligibility for Substitute Care After Age 18 — implements
- OAR 413-310-0410: Definitions — implements
- OAR 413-310-0410: Definitions — authority
- OAR 413-310-0430: Maintenance Account — implements
- OAR 413-310-0430: Maintenance Account — authority
- OAR 413-310-0440: Special Account — implements
- OAR 413-310-0440: Special Account — authority
- OAR 413-310-0460: Obtaining Money on Behalf of a Child or Young Adult — implements
- OAR 413-310-0460: Obtaining Money on Behalf of a Child or Young Adult — authority
- OAR 413-310-0470: Use of Money Available for a Child or Young Adult — implements
- OAR 413-310-0470: Use of Money Available for a Child or Young Adult — authority
- OAR 413-310-0480: Transfer of Money Between Maintenance and Special Accounts — implements
- OAR 413-310-0480: Transfer of Money Between Maintenance and Special Accounts — authority
- OAR 413-310-0490: Financial Accounting — implements
- OAR 413-310-0490: Financial Accounting — authority
- OAR 413-310-0500: Clearing a Trust Account — implements
- OAR 413-310-0500: Clearing a Trust Account — authority
- OAR 413-310-0510: Unclaimed Trust Account Balances — implements
- OAR 413-310-0510: Unclaimed Trust Account Balances — authority
This rule cites
- ORS 418.015 — resolved
- ORS 412.024 — resolved
Cited by
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors418.html