Text: HF02154 Text: HF02156 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 232.144 PAYMENT OBLIGATION BY 1 2 PARENT FOR COSTS PAID BY COUNTY. 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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