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Text: HF00100                           Text: HF00102
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House File 101

Partial Bill History

Bill Text

  1  1    Section 1.  NEW SECTION.  232.144  PAYMENT OBLIGATION BY
  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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