Text: S05749 Text: S05751 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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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 CARETARGETBUDGET 2 7 TARGETS. 2 8 1. A statewide expenditure targetfor the average2 9number offor children in group foster care placements 2 10on any day ofin 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 statewidenumber of2 20 expenditures for children placed in group foster care 2 21 in the previous five completed fiscal years. The 2 22numberexpenditure amount determined in accordance 2 23 with the formula shall be the group foster care 2 24placementbudget 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 thenumber ofexpenditures 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 servicesprovided to2 39childrenwithin 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. 3 392. The director may require an additional fee to3 40cover the costs incurred by the department in3 41providing the support collection and paternity3 42determination services.3 43a. The director shall, by rule, establish and3 44inform all applicants for support enforcement and3 45paternity determination services of the fee schedule.3 46b. The additional fee for services may be deducted3 47from the amount of the support money recovered by the3 48department or may be collected from the recipient of3 49the services following recovery of support money by3 50the department.4 13.2. 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. 4 134. The department may adopt rules to establish4 14fees which provide for recovery of administrative4 15costs of the program in addition to other fees4 16identified.4 175.3. 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. 4 216.4. 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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