Text: HF00100 Text: HF00102 Text: HF00100 - HF00199 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 1. For the purposes of this section, "parent" means the
1 4 parent with legal custody and physical care of a child. It is
1 5 the intent of this chapter that a child receiving services
1 6 chargeable to a county under this chapter and the child'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.
1 10 2. For any service provided under this chapter, to the
1 11 extent the cost of the service is charged in whole or in part
1 12 to a county, a dispositional order of the juvenile court or an
1 13 administrative order entered pursuant to chapter 252C shall
1 14 establish after notice and a reasonable opportunity to be
1 15 heard is provided to a parent, the amount of the parent's
1 16 payment obligation for the cost of the services. The order
1 17 may be entered in conjunction with a support order entered on
1 18 behalf of the department of human services under section
1 19 234.39 for services paid for by the department.
1 20 3. The court or the department of human services in
1 21 establishing support by administrative order, shall establish
1 22 the amount of the parent's support obligation, the amount of
1 23 the parent's payment obligation, and the amount of support
1 24 debt accrued and accruing in accordance with the child support
1 25 guidelines prescribed under section 598.21, subsection 4.
1 26 However, the court, or the department of human services in
1 27 establishing support by administrative order, may deviate from
1 28 the prescribed guidelines after considering a recommendation
1 29 by the department for expenses charged to the county related
1 30 to goals and objectives of a case permanency plan as defined
1 31 under section 237.15, and upon written findings of fact which
1 32 specify the reason for deviation and the prescribed guidelines
1 33 amount. The payment obligation established under this section
1 34 shall be consistent with the applicable limitations on legal
1 35 liability for support established under sections 222.78 and
2 1 230.15, and by any other statute limiting legal responsibility
2 2 for support which may be imposed on a person for the cost of
2 3 services.
2 4 4. Any order creating a payment obligation shall direct
2 5 payment of the debt obligation to the collection services
2 6 center for final payment to the county. The order shall be
2 7 filed with the clerk of the district court in which the
2 8 responsible parent resides and has the same force and effect
2 9 as a judgment when entered in the judgment docket and lien
2 10 index. The collection services center shall disburse the
2 11 payments pursuant to the order and record the disbursements.
2 12 If payments are not made as ordered, the child support
2 13 recovery unit within the department of human services may
2 14 certify a default to the court and the court may, on its own
2 15 motion, proceed under section 598.22 or 598.23 or the child
2 16 support recovery unit may enforce the judgment as allowed by
2 17 law. An order entered under this section may be modified only
2 18 in accordance with the guidelines prescribed under section
2 19 598.21, subsection 8.
2 20 EXPLANATION
2 21 This bill provides for repayment by a parent of the costs
2 22 chargeable to a county for services provided a juvenile under
2 23 chapter 232. The bill provides that a parent is the parent
2 24 with legal custody of a child.
2 25 The bill provides for establishment of a payment obligation
2 26 order by the juvenile court or by an administrative order by
2 27 the department of human services which may be established in
2 28 conjunction with the establishment of a support order. The
2 29 amount of the payment obligation is subject to any limitations
2 30 in law and is to be established in accordance with the uniform
2 31 child support guidelines except that the order may deviate
2 32 from the guidelines to reflect the expenses associated with a
2 33 case permanency plan which are charged to the county.
2 34 Payments are to be directed to the department of human
2 35 services' collection services center for final payment to the
3 1 county. A failure to pay may result in assignment of earnings
3 2 or income under section 598.22 or contempt proceedings under
3 3 section 598.23.
3 4 LSB 1519HH 77
3 5 jp/sc/14
Text: HF00100 Text: HF00102 Text: HF00100 - HF00199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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