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Text: S05749                            Text: S05751
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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Senate Amendment 5750

Amendment Text

PAG LIN
  1  1    Amend the House amendment, S-5550, to Senate File
  1  2 2442, as amended, passed, and reprinted by the Senate,
  1  3 as follows:
  1  4    #1.  By striking page 2, line 10, through page 4,
  1  5 line 36, and inserting the following:
  1  6    "#   .  Page 13, by striking line 8 and inserting
  1  7 the following:  
  1  8 ".......................................... $  6,617,000"
  1  9    #   .  Page 13, by striking lines 24 through 29 and
  1 10 inserting the following:
  1 11    "2.  Nonpublic assistance application fees received
  1 12 by the child support recovery unit are appropriated
  1 13 and shall be used for the purposes of the child
  1 14 support recovery program.  The director of human
  1 15 services may add positions within the limitations of
  1 16 the amount appropriated for salaries and support for
  1 17 the positions.  The director".
  1 18    #   .  Page 14, by striking line 14 and inserting
  1 19 the following:  "to recover at least twice the amount
  1 20 of money necessary to pay the"."
  1 21    #2.  Page 9, by inserting before line 27 the
  1 22 following:
  1 23    "#   .  Page 36, by inserting before line 7 the
  1 24 following:
  1 25    "Sec.    .  HEALTHY FAMILY PROGRAM.  There is
  1 26 appropriated from the general fund of the state to the
  1 27 Iowa department of public health for the fiscal year
  1 28 beginning July 1, 1996, and ending June 30, 1997, the
  1 29 following amount, or so much thereof as is necessary,
  1 30 to be used for the purpose designated:
  1 31    For the Iowa healthy family program under section
  1 32 135.106:  
  1 33 .................................................. $    115,000""
  1 34    #3.  Page 11, by inserting before line 30 the
  1 35 following:
  1 36    "#   .  Page 42, line 27, by striking the word
  1 37 "subsection" and inserting the following:
  1 38 "subsections".
  1 39    #   .  Page 43, by inserting after line 4 the
  1 40 following:
  1 41    "NEW SUBSECTION.  7.  A psychiatric institution
  1 42 licensed prior to January 1, 1996, may exceed the
  1 43 number of beds authorized under subsections 5 and 5A
  1 44 if the excess beds are used to provide services funded
  1 45 from a source other than the medical assistance
  1 46 program under chapter 249A.  Notwithstanding
  1 47 subsections 4, 5, and 5A, the provision of services
  1 48 using such excess beds does not require a certificate
  1 49 of need or a review by the department of human
  1 50 services.""
  2  1    #4.  Page 11, line 30, by striking the figure "11."
  2  2 and inserting the following:  "11 and inserting the
  2  3 following:
  2  4    "Sec.    .  Section 232.143, Code Supplement 1995,
  2  5 is amended to read as follows:
  2  6    232.143  REGIONAL GROUP FOSTER CARE TARGET BUDGET
  2  7 TARGETS.
  2  8    1.  A statewide expenditure target for the average
  2  9 number of for children in group foster care placements
  2 10 on any day of in a fiscal year, which placements are a
  2 11 charge upon or are paid for by the state, shall be
  2 12 established annually in an appropriation bill by the
  2 13 general assembly.  The department and the judicial
  2 14 department shall jointly develop a formula for
  2 15 allocating a portion of the statewide expenditure
  2 16 target established by the general assembly to each of
  2 17 the department's regions.  The formula shall be based
  2 18 upon the region's proportion of the state population
  2 19 of children and of the statewide number of
  2 20 expenditures for children placed in group foster care
  2 21 in the previous five completed fiscal years.  The
  2 22 number expenditure amount determined in accordance
  2 23 with the formula shall be the group foster care
  2 24 placement budget target for that region.  A region may
  2 25 exceed its budget target for group foster care by not
  2 26 more than five percent in a fiscal year, provided the
  2 27 overall funding allocated by the department for all
  2 28 child welfare services in the region is not exceeded.
  2 29    2.  For each of the department's regions,
  2 30 representatives appointed by the department and the
  2 31 juvenile court shall establish a plan for containing
  2 32 the number of expenditures for children placed in
  2 33 group foster care ordered by the court within the
  2 34 budget target allocated to that region pursuant to
  2 35 subsection 1.  The plan shall include monthly targets
  2 36 and strategies for developing alternatives to group
  2 37 foster care placements in order to contain
  2 38 expenditures for child welfare services provided to
  2 39 children within the amount appropriated by the general
  2 40 assembly for that purpose.  Each regional plan shall
  2 41 be established in advance of the fiscal year to which
  2 42 the regional plan applies.  To the extent possible,
  2 43 the department and the juvenile court shall coordinate
  2 44 the planning required under this subsection with
  2 45 planning for services paid under section 232.141,
  2 46 subsection 4.  The department's regional administrator
  2 47 shall communicate regularly, as specified in the
  2 48 regional plan, with the juvenile courts within that
  2 49 region concerning the current status of the regional
  2 50 plan's implementation.
  3  1    3.  State payment for group foster care placements
  3  2 shall be limited to those placements which are in
  3  3 accordance with the regional plans developed pursuant
  3  4 to subsection 2.  If a proposed group foster care
  3  5 placement in a region would meet the region's plan
  3  6 requirements except that the placement would cause a
  3  7 monthly or overall budget target to be exceeded and
  3  8 the child is eligible for an alternative service which
  3  9 is costlier and more restrictive than the proposed
  3 10 placement, the director of human services, after
  3 11 consultation with appropriate juvenile court
  3 12 officials, may allow an exception to policy and
  3 13 authorize the placement.  At the close of the fiscal
  3 14 year, moneys for specific placements authorized by the
  3 15 director under this subsection shall be transferred
  3 16 from the state appropriation for the alternative
  3 17 placement to the appropriation for group foster care
  3 18 placements, as necessary to prevent a deficit in the
  3 19 appropriation for group foster care.""
  3 20    #5.  Page 11, by inserting after line 39 the
  3 21 following:
  3 22    "#   .  Page 45, by inserting after line 31 the
  3 23 following:
  3 24    "Sec.    .  Section 252B.4, Code 1995, is amended
  3 25 to read as follows:
  3 26    252B.4  NONASSISTANCE CASES.
  3 27    The child support and paternity determination
  3 28 services established by the department pursuant to
  3 29 this chapter and other appropriate services provided
  3 30 by law including but not limited to the provisions of
  3 31 chapters 239, 252A, 252C, 252D, 252E, 252F, 598, and
  3 32 600B shall be made available by the unit to an
  3 33 individual not otherwise eligible as a public
  3 34 assistance recipient upon application by the
  3 35 individual for the services.  The application shall be
  3 36 filed with the department.
  3 37    1.  The director shall require an application fee
  3 38 of five dollars.
  3 39    2.  The director may require an additional fee to
  3 40 cover the costs incurred by the department in
  3 41 providing the support collection and paternity
  3 42 determination services.
  3 43    a.  The director shall, by rule, establish and
  3 44 inform all applicants for support enforcement and
  3 45 paternity determination services of the fee schedule.
  3 46    b.  The additional fee for services may be deducted
  3 47 from the amount of the support money recovered by the
  3 48 department or may be collected from the recipient of
  3 49 the services following recovery of support money by
  3 50 the department.
  4  1    3. 2.  When the unit intercepts a federal tax
  4  2 refund of an obligor for payment of delinquent support
  4  3 and the funds are due to a recipient of services who
  4  4 is not otherwise eligible for public assistance, the
  4  5 unit shall deduct a twenty-five dollar fee from the
  4  6 funds before forwarding the balance to the recipient.
  4  7    a.  The unit shall inform the recipient of the fee
  4  8 under this subsection prior to assessment.
  4  9    b.  The fee shall be assessed only to individuals
  4 10 who receive support from the federal tax refund offset
  4 11 program.  If the tax refund due the recipient is less
  4 12 than fifty dollars, the fee shall not be assessed.
  4 13    4.  The department may adopt rules to establish
  4 14 fees which provide for recovery of administrative
  4 15 costs of the program in addition to other fees
  4 16 identified.
  4 17    5. 3.  Fees collected pursuant to this section
  4 18 shall be retained by the department for use by the
  4 19 unit.  The director or a designee shall keep an
  4 20 accurate record of funds so retained.
  4 21    6. 4.  An application fee paid by a recipient of
  4 22 services pursuant to subsection 1 may be recovered by
  4 23 the unit from the person responsible for payment of
  4 24 support and if recovered, shall be used to reimburse
  4 25 the recipient of services.
  4 26    a.  The fee shall be an automatic judgment against
  4 27 the person responsible to pay support.
  4 28    b.  This subsection shall serve as constructive
  4 29 notice that the fee is a debt due and owing, is an
  4 30 automatic judgment against the person responsible for
  4 31 support, and is assessed as the fee is paid by a
  4 32 recipient of services.  The fee may be collected in
  4 33 addition to any support payments or support judgment
  4 34 ordered, and no further notice or hearing is required
  4 35 prior to collecting the fee.
  4 36    c.  Notwithstanding any provision to the contrary,
  4 37 the unit may collect the fee through any legal means
  4 38 by which support payments may be collected, including
  4 39 but not limited to income withholding under chapter
  4 40 252D or income tax refund offsets, unless prohibited
  4 41 under federal law.
  4 42    d.  The unit is not required to file these
  4 43 judgments with the clerk of the district court, but
  4 44 shall maintain an accurate accounting of the fee
  4 45 assessed, the amount of the fee, and the recovery of
  4 46 the fee.
  4 47    e.  Support payments collected shall not be applied
  4 48 to the recovery of the fee until all other support
  4 49 obligations under the support order being enforced,
  4 50 which have accrued through the end of the current
  5  1 calendar month, have been paid or satisfied in full.
  5  2    f.  This subsection applies to fees that become due
  5  3 on or after July 1, 1992.""
  5  4    #6.  By renumbering, relettering, and correcting
  5  5 internal references, as necessary.  
  5  6 
  5  7 
  5  8                              
  5  9 JOHNIE HAMMOND
  5 10 SF 2442.718 76
  5 11 pf/sc
     

Text: S05749                            Text: S05751
Text: S05700 - S05799                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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