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
Iowa General Assembly
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