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Text: HF02154                           Text: HF02156
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

House File 2155

Partial Bill History

Bill Text

  1  1    Section 1.  NEW SECTION.  232.144  PAYMENT OBLIGATION BY
  1  3    For the purposes of this section, "parent" means the parent
  1  4 awarded legal custody and physical care of a child.  It is the
  1  5 intent of this chapter that an individual receiving services
  1  6 chargeable to a county under this chapter and the individual's
  1  7 parent shall have primary responsibility for paying the costs
  1  8 attributable to the services ordered or otherwise provided
  1  9 under this chapter.  The payment obligation established under
  1 10 this section shall be consistent with the limitations on legal
  1 11 liability for support established under sections 222.78 and
  1 12 230.15, and by any other statute limiting legal responsibility
  1 13 for support which may be imposed on a person for the cost of
  1 14 services.  For any service provided under this chapter, to the
  1 15 extent the cost of the service is charged in whole or in part
  1 16 to a county, a dispositional order of the juvenile court or an
  1 17 administrative order entered pursuant to chapter 252C shall
  1 18 establish after notice and a reasonable opportunity to be
  1 19 heard is provided to a parent, the amount of the parent's
  1 20 payment obligation for the cost of the services.  The order
  1 21 may be entered in conjunction with a support order entered on
  1 22 behalf of the department of human services under section
  1 23 234.39 for services paid for by the department.  The court or
  1 24 the department of human services in establishing support by
  1 25 administrative order, shall establish the amount of the
  1 26 parent's support obligation, the amount of the parent's
  1 27 payment obligation, and the amount of support debt accrued and
  1 28 accruing in accordance with the child support guidelines
  1 29 prescribed under section 598.21, subsection 4.  However, the
  1 30 court, or the department of human services in establishing
  1 31 support by administrative order, may deviate from the
  1 32 prescribed guidelines after considering a recommendation by
  1 33 the department for expenses charged to the county related to
  1 34 goals and objectives of a case permanency plan as defined
  1 35 under section 237.15, and upon written findings of fact which
  2  1 specify the reason for deviation and the prescribed guidelines
  2  2 amount.  Any order creating a payment obligation shall direct
  2  3 payment of the debt obligation to the collection services
  2  4 center for final payment to the county.  The order shall be
  2  5 filed with the clerk of the district court in which the
  2  6 responsible parent resides and has the same force and effect
  2  7 as a judgment when entered in the judgment docket and lien
  2  8 index.  The collection services center shall disburse the
  2  9 payments pursuant to the order and record the disbursements.
  2 10 If payments are not made as ordered, the child support
  2 11 recovery unit may certify a default to the court and the court
  2 12 may, on its own motion, proceed under section 598.22 or 598.23
  2 13 or the child support recovery unit may enforce the judgment as
  2 14 allowed by law.  An order entered under this section may be
  2 15 modified only in accordance with the guidelines prescribed
  2 16 under section 598.21, subsection 8.  
  2 17                           EXPLANATION
  2 18    This bill provides for repayment by a parent of the costs
  2 19 chargeable to a county for services provided a juvenile under
  2 20 chapter 232.  The bill provides that a parent is the parent
  2 21 with legal custody of a child.
  2 22    The bill provides for establishment of a payment obligation
  2 23 order by the juvenile court or by an administrative order by
  2 24 the department of human services which may be established in
  2 25 conjunction with the establishment of a support order.  The
  2 26 amount of the payment obligation is subject to any limitations
  2 27 in law and is to be established in accordance with the uniform
  2 28 child support guidelines except that the order may deviate
  2 29 from the guidelines to reflect the expenses associated with a
  2 30 case permanency plan which are charged to the county.
  2 31 Payments are to be directed to the department of human
  2 32 services collection services center for final payment to the
  2 33 county.  A failure to pay may result in assignment of earnings
  2 34 or income under section 598.22 or contempt proceedings under
  2 35 section 598.23.  
  3  1 LSB 3410YH 76
  3  2 jp/sc/14.1

Text: HF02154                           Text: HF02156
Text: HF02100 - HF02199                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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Last update: Mon Mar 4 09:34:06 CST 1996
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