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PAG LIN 1 1 SENATE FILE 2313 1 2 1 3 AN ACT 1 4 RELATING TO CHILD SUPPORT, PROVIDING PENALTIES, AND 1 5 PROVIDING EFFECTIVE DATES. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 DIVISION I 1 10 STATE DISBURSEMENT UNIT 1 11 Section 1. Section 236.10, Code Supplement 1997, is 1 12 amended to read as follows: 1 13 236.10 CONFIDENTIALITY OF RECORDS. 1 14 The file in a domestic abuse case shall be sealed by the 1 15 clerk of court when it is complete and after the time for 1 16 appeal has expired. However, the clerk shall open the file 1 17 upon application to and order of the court for good cause 1 18 shown or upon request of the child support recovery unit. 1 19 Support payment records, whether maintained by the clerk of 1 20 the district court or the department of human services, are 1 21 public records and may be released upon request. However, a 1 22 payment record shall not include address or location 1 23 information. 1 24 Sec. 2. Section 252B.9, subsection 2, paragraph a, Code 1 25 Supplement 1997, is amended to read as follows: 1 26 a. Payment records of the collection services center which 1 27 are maintained pursuant to chapter 598 are public records and 1 28 may be released upon request. Payment records of the clerk of 1 29 the district court, to which the department has access to meet 1 30 the requirements of a state disbursement unit, are also public 1 31 records and may be released upon request. A payment record 1 32 shall not include address or location information. 1 33 Sec. 3. Section 252B.13A, Code Supplement 1997, is amended 1 34 to read as follows: 1 35 252B.13A COLLECTION SERVICES CENTER. 2 1 1. The department shall establish within the unit a 2 2 collection services center for the receipt and disbursement of 2 3 support payments as defined in section 252D.16 or 598.1 as 2 4 required for orders by section 252B.14. For purposes of this 2 5 section, support payments do not include attorney fees, court 2 6 costs, or property settlements. The center may also receive 2 7 and disburse surcharges as provided in section 252B.23. 2 8 2. a. The collection services center shall meet the 2 9 requirements for a state disbursement unit pursuant to 42 2 10 U.S.C. } 654B, section 252B.14, and this section by October 1, 2 11 1999. 2 12 b. Prior to October 1, 1999, the department and the 2 13 judicial department shall enter into a cooperative agreement 2 14 for implementation of the state disbursement unit requirement. 2 15 The agreement shall include, but is not limited to, provisions 2 16 for all of the following: 2 17 (1) Coordination with the state case registry created in 2 18 section 252B.24. 2 19 (2) The receipt and disbursement of income withholding 2 20 payments for orders not receiving services from the unit 2 21 pursuant to section 252B.14, subsection 4. 2 22 (3) The transmission of information, orders, and 2 23 documents, and access to information. 2 24 (4) Furnishing, upon request, timely information on the 2 25 current status of support payments as provided in 42 U.S.C. } 2 26 654B(b)(4), in a manner consistent with state law. 2 27 (5) The notification of payors of income to direct income 2 28 withholding payments to the collection services center as 2 29 provided in section 252B.14, subsection 4. 2 30 Sec. 4. Section 252B.14, Code Supplement 1997, is amended 2 31 to read as follows: 2 32 252B.14 SUPPORT PAYMENTS – COLLECTION SERVICES CENTER – 2 33 CLERK OF THE DISTRICT COURT. 2 34 1. For the purposes of this section, "support order" 2 35 includes any order entered pursuant to chapter 234, 252A, 3 1 252C, 598, 600B, or any other support chapter or proceeding 3 2 which establishes support payments as defined in section 3 3 252D.16 or 598.1. 3 4 2. For support orders being enforced by the child support 3 5 recovery unit, support payments made pursuant to the order 3 6 shall be directed to and disbursed by the collection services 3 7 center. 3 8 3.For aWith the exception of supportorder aspayments 3 9 to which subsection 2does not applyor 4 applies, support 3 10 payments made pursuant tothean order shall be directed to 3 11 and disbursed by the clerk of the district court in the county 3 12 in which the order for support is filed. The clerk of the 3 13 district court may require the obligor to submit payments by 3 14 bank draft or money order if the obligor submits an 3 15 insufficient funds support payment to the clerk of the 3 16 district court. 3 17 4. By October 1, 1999, for a support order to which 3 18 subsection 2 does not apply, regardless of the terms of the 3 19 support order directing or redirecting the place of payment, 3 20 support payments made through income withholding by a payor of 3 21 income as provided in chapter 252D shall be directed to and 3 22 disbursed by the collection services center. The judicial 3 23 department and the department shall develop and implement a 3 24 plan to notify payors of income of this requirement and the 3 25 effective date of the requirement applicable to the respective 3 26 payor of income. 3 27 5. If the collection services center is receiving and 3 28 disbursing payments pursuant to a support order, but the unit 3 29 is not providing other services under Title IV-D of the 3 30 federal Social Security Act, or if the order is not being 3 31 enforced by the unit, the parties to that order are not 3 32 considered to be receiving services under this chapter. 3 334.6. Payments to persons other than the clerk of the 3 34 district court or the collection services center do not 3 35 satisfy the support obligations created by a support order or 4 1 judgment, except as provided for in sections 598.22 and 4 2 598.22A. 4 3 Sec. 5. Section 252B.15, Code 1997, is amended to read as 4 4 follows: 4 5 252B.15 PROCESSING AND DISBURSEMENT OF SUPPORT PAYMENTS. 4 6 1. The collection services center shall notify the clerk 4 7 of the district court of any order for which the child support 4 8 recovery unit is providing enforcement services. The clerk of 4 9 the district court shall forward any support payment made 4 10 pursuant to the order, along with any support payment 4 11 information, to the collection services center. Unless the 4 12 agreement developed pursuant to section 252B.13A otherwise 4 13 provides, by October 1, 1999, the clerk of the district court 4 14 shall forward any support payment made and any support payment 4 15 information provided through income withholding pursuant to 4 16 chapter 252D, to the collection services center. The 4 17 collection services center shall process and disburse the 4 18 payment in accordance with federal requirements. 4 19 2.IfUnless otherwise provided under federal law, if it 4 20 is possible to identify the support order to which a payment 4 21 is to be applied and if sufficient information is provided to 4 22 identify the obligee, a payment received by the collection 4 23 services center or the clerk of the district court shall be 4 24 disbursed to the appropriate individual or office within two 4 25 working days in accordance with section 598.22. 4 26 Sec. 6. Section 252B.16, subsection 3, Code 1997, is 4 27 amended to read as follows: 4 28 3. Once the responsibility for receiving and disbursing 4 29 support payments has been transferred from a clerk of the 4 30 district court to the collection services center, the 4 31 responsibility shall remain with the collection services 4 32 center even if the child support recovery unit is no longer 4 33 providing enforcement services, unless redirected by court 4 34 order. However, the responsibility for receiving and 4 35 disbursing income withholding payments shall not be redirected 5 1 to a clerk of the district court. 5 2 Sec. 7. Section 252D.1, Code Supplement 1997, is amended 5 3 to read as follows: 5 4 252D.1 DELINQUENT SUPPORT PAYMENTS. 5 5 If support payments ordered under chapter 232, 234, 252A, 5 6 252C, 252D, 252E, 252F, 598, 600B, or any other applicable 5 7 chapter, or under a comparable statute of a foreign 5 8 jurisdiction, as certified to the child support recovery unit 5 9 established in section 252B.2, are not paid to the clerk of 5 10 the district court or the collection services center pursuant 5 11 to section 598.22 and become delinquent in an amount equal to 5 12 the payment for one month, the child support recovery unit may 5 13 enter an ex parte order or, upon application of a person 5 14 entitled to receive the support payments, the district court 5 15 may enter an ex parte order, notifying the person whose income 5 16 is to be withheld, of the delinquent amount, of the amount of 5 17 income to be withheld, and of the procedure to file a motion 5 18 to quash the order for income withholding, and ordering the 5 19 withholding of specified sums to be deducted from the 5 20 delinquent person's income as defined in section 252D.16 5 21 sufficient to pay the support obligation and, except as 5 22 provided in section 598.22, requiring the payment of such sums 5 23 to the clerk of the district court or the collection services 5 24 center. Beginning October 1, 1999, all income withholding 5 25 payments shall be paid to the collection services center. 5 26 Notification of income withholding shall be provided to the 5 27 obligor and to the payor of income pursuant to section 5 28 252D.17. 5 29 Sec. 8. Section 252D.17, subsections 5, 6, and 8, Code 5 30 Supplement 1997, are amended to read as follows: 5 31 5. The payor shall send the amounts withheld to the 5 32 collection services center or the clerk of the district court 5 33 pursuant to section 252B.14 within seven business days of the 5 34 date the obligor is paid. "Business day" means a day on which 5 35 state offices are open for regular business. 6 1 6. The payor may combine amounts withheld from the 6 2 obligors' income in a single payment to the clerk of the 6 3 district court or to the collection services center, as 6 4 appropriate. Whether combined or separate, payments shall be 6 5 identified by the name of the obligor, account number, amount, 6 6 and, until October 1, 1999, the date withheld. If payments 6 7 for multiple obligors are combined, the portion of the payment 6 8 attributable to each obligor shall be specifically identified. 6 9 8. If the payor knowingly fails to withhold income or to 6 10 pay the amounts withheld to the collection services center or 6 11 the clerk of court in accordance with the provisions of the 6 12 orderor, the notice of the order, or the notification of 6 13 payors of income provisions established in section 252B.13A, 6 14 the payor commits a simple misdemeanor and is liable for the 6 15 accumulated amount which should have been withheld, together 6 16 with costs, interest, and reasonable attorney fees related to 6 17 the collection of the amounts due from the payor. 6 18 Sec. 9. Section 252D.18A, subsection 4, Code Supplement 6 19 1997, is amended to read as follows: 6 20 4. The payor shall identify and report payments by the 6 21 obligor's name, account number, amount, and date withheld 6 22 pursuant to section 252D.17.IfUntil October 1, 1999, if 6 23 payments for multiple obligees are combined, the portion of 6 24 the payment attributable to each obligee shall be specifically 6 25 identified. Beginning October 1, 1999, if payments for 6 26 multiple obligees are combined, the portion of the payment 6 27 attributable to each obligee shall be specifically identified 6 28 only if the payor is directed to do so by the child support 6 29 recovery unit. 6 30 Sec. 10. Section 252D.20, Code 1997, is amended to read as 6 31 follows: 6 32 252D.20 ADMINISTRATION OF INCOME WITHHOLDING PROCEDURES. 6 33 The child support recovery unit is designated as the entity 6 34 of the state to administer income withholding in accordance 6 35 with the procedures specified for keeping adequate records to 7 1 document, track, and monitor support payments on cases subject 7 2 to Title IV-D of the federal Social Security Act.TheUntil 7 3 October 1, 1999, the clerks of the district court are 7 4 designated as the entities for administering income 7 5 withholding on cases which are not subject to Title IV-D. 7 6 Beginning October 1, 1999, the collection services center is 7 7 designated as the entity for administering income withholding 7 8 for cases which are not subject to Title IV-D. The collection 7 9 services center's responsibilities for administering income 7 10 withholding in cases not subject to Title IV-D are limited to 7 11 the receipt, recording, and disbursement of income withholding 7 12 payments and to responding to requests for information on the 7 13 current status of support payments pursuant to section 7 14 252B.13A. Notwithstanding section 622.53, in cases where the 7 15 court or the child support recovery unit is enforcing a 7 16 foreign judgment through income withholding, a certified copy 7 17 of the underlying judgment is sufficient proof of 7 18 authenticity. 7 19 Sec. 11. Section 598.22, unnumbered paragraph 1, Code 7 20 Supplement 1997, is amended to read as follows: 7 21 Except as otherwise provided in section 598.22A, this 7 22 section applies to all initial or modified orders for support 7 23 entered under this chapter, chapter 234, 252A, 252C, 252F, 7 24 600B, or any other chapter of the Code. All orders or 7 25 judgments entered under chapter 234, 252A, 252C, 252F, or 7 26 600B, or under this chapter or any other chapter which provide 7 27 for temporary or permanent support payments shall direct the 7 28 payment of those sums to the clerk of the district court or 7 29 the collection services center in accordance with section 7 30 252B.14 for the use of the person for whom the payments have 7 31 been awarded. Beginning October 1, 1999, all income 7 32 withholding payments shall be directed to the collection 7 33 services center. Payments to persons other than the clerk of 7 34 the district court and the collection services center do not 7 35 satisfy the support obligations created by the orders or 8 1 judgments, except as provided for trusts governed by the 8 2 federal Retirement Equity Act of 1984, Pub. L. No. 98-397, for 8 3 tax refunds or rebates in section 602.8102, subsection 47, or 8 4 for dependent benefits paid to the child support obligee as 8 5 the result of disability benefits awarded to the child support 8 6 obligor under the federal Social Security Act. For trusts 8 7 governed by the federal Retirement Equity Act of 1984, Pub. L. 8 8 No. 98-397, the order for income withholding or notice of the 8 9 order for income withholding shall require the payment of such 8 10 sums to the alternate payee in accordance with the federal 8 11 Act. 8 12 Sec. 12. Section 598.22, unnumbered paragraph 3, Code 8 13 Supplement 1997, is amended to read as follows: 8 14 An order or judgment entered by the court for temporary or 8 15 permanent support or for income withholding shall be filed 8 16 with the clerk. The orders have the same force and effect as 8 17 judgments when entered in the judgment docket and lien index 8 18 and are records open to the public.TheUnless otherwise 8 19 provided by federal law, if it is possible to identify the 8 20 support order to which a payment is to be applied, and if 8 21 sufficient information identifying the obligee is provided, 8 22 the clerk or the collection services center, as appropriate, 8 23 shall disburse the payments received pursuant to the orders or 8 24 judgments within two working days of the receipt of the 8 25 payments. All moneys received or disbursed under this section 8 26 shall be entered in records kept by the clerk, or the 8 27 collection services center, as appropriate, which shall be 8 28 available to the public. The clerk or the collection services 8 29 center shall not enter any moneys paid in the record book if 8 30 not paid directly to the clerk or the center, as appropriate, 8 31 except as provided for trusts and federal social security 8 32 disability payments in this section, and for tax refunds or 8 33 rebates in section 602.8102, subsection 47. 8 34 Sec. 13. Section 598.26, subsection 1, Code 1997, is 8 35 amended to read as follows: 9 1 1. Until a decree of dissolution has been entered, the 9 2 record and evidence shall be closed to all but the court, its 9 3 officers, and the child support recovery unit of the 9 4 department of human services pursuant to section 252B.9. 9 5 However, the payment records of a temporary support order, 9 6 whether maintained by the clerk of the district court or the 9 7 department of human services, are public records and may be 9 8 released upon request. Payment records shall not include 9 9 address or location information. No other person shall permit 9 10 a copy of any of the testimony, or pleading, or the substance 9 11 thereof, to be made available to any person other than a party 9 12 to the action or a party's attorney. Nothing in this 9 13 subsection shall be construed to prohibit publication of the 9 14 original notice as provided by the rules of civil procedure. 9 15 Sec. 14. Section 602.8102, Code Supplement 1997, is 9 16 amended by adding the following new subsection: 9 17 NEW SUBSECTION. 47C. Perform duties relating to 9 18 implementation and operation of requirements for the 9 19 collection services center pursuant to section 252B.13A, 9 20 subsection 2. 9 21 DIVISION II 9 22 STATE CASE REGISTRY 9 23 Sec. 15. NEW SECTION. 252B.24 STATE CASE REGISTRY. 9 24 1. Beginning October 1, 1998, the unit shall operate a 9 25 state case registry to the extent determined by applicable 9 26 time frames and other provisions of 42 U.S.C. } 654A(e) and 9 27 this section. The unit and the judicial department shall 9 28 enter into a cooperative agreement for the establishment and 9 29 operation of the registry by the unit. The state case 9 30 registry shall include records with respect to all of the 9 31 following: 9 32 a. Unless prohibited by federal law, each case for which 9 33 services are provided under this chapter. 9 34 b. Each order for support, as defined in section 252D.16 9 35 or 598.1, which meets at least one of the following criteria: 10 1 (1) The support order is established or modified in this 10 2 state on or after October 1, 1998. 10 3 (2) The income of the obligor is subject to income 10 4 withholding under chapter 252D, including any support order 10 5 for which the district court enters an ex parte order under 10 6 chapter 252D on or after October 1, 1998. 10 7 2. The clerk of the district court shall provide the unit 10 8 with any information, orders, or documents requested by the 10 9 unit to establish or operate the state case registry, which 10 10 are specified in the agreement described in subsection 1, 10 11 within the time frames specified in that agreement. The 10 12 agreement shall include but is not limited to provisions to 10 13 provide for all of the following: 10 14 a. Provision to the unit of information, orders, and 10 15 documents necessary for the unit to meet requirements 10 16 described in 42 U.S.C. } 654A(e) and this section. 10 17 b. Provision to the unit of information filed with the 10 18 clerk of the district court by a party under section 598.22B, 10 19 and the social security number of a child filed with the clerk 10 20 of the district court under section 602.6111. 10 21 c. Use of automation, as appropriate, to meet the 10 22 requirements described in 42 U.S.C. } 654A(e) and this 10 23 section. 10 24 3. The records of the state case registry are confidential 10 25 records pursuant to chapter 22 and may only be disclosed or 10 26 used as provided in section 252B.9. 10 27 Sec. 16. Section 598.22B, Code Supplement 1997, is amended 10 28 to read as follows: 10 29 598.22B INFORMATION REQUIRED IN ORDER OR JUDGMENT. 10 30 This section applies to all initial or modified orders for 10 31 paternity or support entered under this chapter, chapter 234, 10 32 252A, 252C, 252F, 252H, 252K, or 600B, or under any other 10 33 chapter, and any subsequent order to enforce such support 10 34 orders. 10 35 1. All such orders or judgments shall direct each party to 11 1 file with the clerk of court or the child support recovery 11 2 unit, as appropriate, upon entry of the order, and to update 11 3 as appropriate, information on location and identity of the 11 4 party, including social security number, residential and 11 5 mailing addresses, telephone number, driver's license number, 11 6 and name, address, and telephone number of the party's 11 7 employer. The order shall also include a provision that the 11 8 information filed will be disclosed and used pursuant to this 11 9 section. The party shall file the information with the clerk 11 10 of court, or, if all support payments are to be directed to 11 11 the collection services center as provided insectionssection 11 12 252B.14, subsection 2, and section 252B.16, with the child 11 13 support recovery unit. 11 14 2. All such orders or judgments shall include a statement 11 15 that in any subsequent child support action initiated by the 11 16 child support recovery unit or between the parties, upon 11 17 sufficient showing that diligent effort has been made to 11 18 ascertain the location of such a party, the unit or the court 11 19mayshall deem due process requirements for notice and service 11 20 of process to be met with respect to the party, upon delivery 11 21 of written notice to the most recent residential or employer 11 22 address filed with the clerk of court or unit pursuant to 11 23 subsection 1. 11 24 3. a. Information filed pursuant to subsection 1 shall 11 25 not be a public record. 11 26 b. Information filed with the clerk of court pursuant to 11 27 subsection 1 shall be available to the child support recovery 11 28 unit, upon request. Beginning October 1, 1998, information 11 29 filed with the clerk of court pursuant to subsection 1 shall 11 30 be provided by the clerk of court to the child support 11 31 recovery unit pursuant to section 252B.24. 11 32 c. Information filed with the clerk of court shall be 11 33 available, upon request, to a party unless the party filing 11 34 the information also files an affidavit alleging the party has 11 35 reason to believe that release of the information may result 12 1 in physical or emotional harm to the affiant or child. 12 2 However, even if an affidavit has been filed, any information 12 3 provided by the clerk of court to the child support recovery 12 4 unit shall be disclosed by the unit as provided in section 12 5 252B.9. 12 6 d.If the child support recovery unit is providing12 7services pursuant to chapter 252B, information filed with12 8 Information provided to the unit shall only be disclosed as 12 9 provided in section 252B.9. 12 10 Sec. 17. Section 602.6111, Code 1997, is amended by adding 12 11 the following new subsection: 12 12 NEW SUBSECTION. 4. Beginning October 1, 1998, a party, 12 13 except the child support recovery unit, filing a petition, 12 14 complaint, answer, appearance, first motion, or any document 12 15 with the clerk of district court to establish or modify an 12 16 order for child support under chapter 236, 252A, 252K, 598, or 12 17 600B shall provide the clerk of the district court with the 12 18 social security number of the child. The clerk of the 12 19 district court shall keep the social security number of the 12 20 child confidential, except the clerk shall provide the number 12 21 to the child support recovery unit to be included in the 12 22 records of the state case registry created under section 12 23 252B.24. 12 24 Sec. 18. Section 602.8102, Code Supplement 1997, is 12 25 amended by adding the following new subsection: 12 26 NEW SUBSECTION. 47B. Perform the duties relating to 12 27 establishment and operation of a state case registry pursuant 12 28 to section 252B.24. 12 29 DIVISION III 12 30 NEW HIRE REPORTING 12 31 Sec. 19. Section 84A.5, Code 1997, is amended by adding 12 32 the following new subsection: 12 33 NEW SUBSECTION. 9. The department shall provide access to 12 34 information and documents necessary for employers and payors 12 35 of income, as defined in sections 252D.16 and 252G.1, to 13 1 comply with child support reporting and payment requirements. 13 2 Access to the information and documents shall be provided at 13 3 the central location of the department of workforce 13 4 development and at each workforce development center. 13 5 Sec. 20. Section 252B.9, subsection 3, paragraph c, Code 13 6 Supplement 1997, is amended to read as follows: 13 7 c. The unit may release or disclose information as 13 8 necessary to provide services under section 252B.5, as 13 9 provided by chapter 252G, as provided by Title IV-D of the 13 10 federal Social Security Act, as amended, or as required by 13 11 federal law. 13 12 Sec. 21. Section 252G.3, subsections 1 and 2, Code 13 13 Supplement 1997, are amended to read as follows: 13 14 1. Beginning January 1, 1994, an employer who hires or 13 15 rehires an employee on or after January 1, 1994, shall report 13 16 the hiring or rehiring of the employee to the centralized 13 17 employee registrywithin fifteenin accordance with one of the 13 18 following time frames: 13 19 a. Within fifteen days of the hiring or rehiring of the 13 20 employee.Employers shall report employees who, on the date13 21of hire or rehire, are eighteen years of age or older, and may13 22report employees who, on the date of hire or rehire, are under13 23eighteen years of age. Only employees who are reasonably13 24expected to earn at least one dollar in compensation for any13 25day on which the employee works shall be reported.13 26 b. If the employer is transmitting hire and rehire reports 13 27 magnetically or electronically, the employer may report 13 28 through transmissions which are not less than twelve nor more 13 29 than sixteen days apart. 13 30 1A. The report submitted shall contain all of the 13 31 following: 13 32 a. The employer's name, address, and federal 13 33 identification number. 13 34 b. The employee's name, address, and social security 13 35 number, and date of birth. 14 1 c. Information regarding whether the employer has employee 14 2 dependent health care coverage available and the appropriate 14 3 date on which the employee may qualify for the coverage. 14 4 d. The address to which income withholding orders or the 14 5 notices of orders and garnishments should be sent. 14 6 e. The employee's date of birth. 14 7 2. Employers required to report may report the information 14 8 required under subsection11A by any of the following means: 14 9 a. By mailing a copy of the employee's Iowa employee's 14 10 withholding allowance certificate to the registry. 14 11 b. By submitting electronic media in a format approved by 14 12 the unit in advance. 14 13 c. By submitting a fax transmission of the employee's Iowa 14 14 employee's withholding allowance certificate to the registry. 14 15 d. By any other means authorized by the unit in advance if 14 16 the means will result in timely reporting. 14 17 e. By submitting both of the following: 14 18 (1) For the information in subsection 1A, paragraphs "a" 14 19 and "b", by transmitting by first class mail, magnetically or 14 20 electronically, a federal W-4 form, or, at the option of the 14 21 employer, an equivalent form. 14 22 (2) By reporting the other information required in 14 23 subsection 1A by any of the means provided in paragraph "a", 14 24 "b", "c", or "d" of this subsection. 14 25 Sec. 22. Section 252G.5, Code 1997, is amended to read as 14 26 follows: 14 27 252G.5 ACCESS TO CENTRALIZED EMPLOYEE REGISTRY. 14 28 The records of the centralized employee registry are 14 29 confidential records pursuant tosectionsections 22.7 and 14 30 252B.9, and may be accessed only by state agencies as provided 14 31 in this section and section 252B.9. When a state agency 14 32 accesses information in the registry, the agency may use the 14 33 information to update the agency's own records. Access to and 14 34 use of the information contained in the registry shall be 14 35 limited to the following: 15 1 1. The unit for administration of the child support 15 2 enforcement program, including but not limited to activities 15 3 related to establishment and enforcement of child and medical 15 4 support obligations through administrative or judicial 15 5 processes, and other services authorized pursuant to chapter 15 6 252B. 15 7 2. State agencies which utilize income information for the 15 8 determination of eligibility or calculation of payments for 15 9 benefit or entitlement payments unless prohibited under 15 10 federal law. 15 11 3. State agencies which utilize income information for the 15 12 recoupment of debts to the state unless prohibited under 15 13 federal law. 15 14 DIVISION IV 15 15 CONFIDENTIALITY AND DISCLOSURE 15 16 Sec. 23. Section 252B.9, subsection 1, paragraph h, Code 15 17 Supplement 1997, is amended to read as follows: 15 18 h. Notwithstanding any law to the contrary, the unit and a 15 19 child support agency shall have access to any data maintained 15 20 by the state of Iowa which contains information that would aid 15 21 the agency in locating individuals. Such information shall 15 22 include, but is not limited to, driver's license, motor 15 23 vehicle, and criminal justice information. However, the 15 24 information does not include criminal investigative reports or 15 25 intelligence files maintained by law enforcement. The unit 15 26 and child support agency shall use or disclose the information 15 27 obtained pursuant to this paragraph only in accordance with 15 28 subsection 3. Criminal history records maintained by the 15 29 department of public safety shall be disclosed in accordance 15 30 with chapter 692. The unit shall also have access to the 15 31 protective order file maintained by the department of public 15 32 safety. 15 33 Sec. 24. Section 252B.9, subsection 3, paragraph d, Code 15 34 Supplement 1997, is amended by striking the paragraph and 15 35 inserting in lieu thereof the following: 16 1 d. The unit may release information under section 252B.9A 16 2 to meet the requirements of Title IV-D of the federal Social 16 3 Security Act for parent locator services. 16 4 Sec. 25. Section 252B.9, subsection 3, paragraph f, Code 16 5 Supplement 1997, is amended to read as follows: 16 6 f. Information may be released to courts having 16 7 jurisdiction in supportor abandonmentproceedings. If a 16 8 court issues an order, which is not entered under section 16 9 252B.9A, directing the unit to disclose confidential 16 10 information, the unit may file a motion to quash pursuant to 16 11 this chapter, Title IV-D of the federal Social Security Act, 16 12 or other applicable law. 16 13 Sec. 26. Section 252B.9, subsection 3, Code Supplement 16 14 1997, is amended by adding the following new paragraph: 16 15 NEW PARAGRAPH. i. If the unit receives notification under 16 16 this paragraph, the unit shall notify the federal parent 16 17 locator service as required by federal law that there is 16 18 reasonable evidence of domestic violence or child abuse 16 19 against a party or a child and that the disclosure of 16 20 information could be harmful to the party or the child. The 16 21 notification to the federal parent locator service shall be 16 22 known as notification of a disclosure risk indicator. For 16 23 purposes of this paragraph, the unit shall notify the federal 16 24 parent locator service of a disclosure risk indicator only if 16 25 at least one of the following applies: 16 26 (1) The unit receives notification that the department, or 16 27 comparable agency of another state, has made a finding of good 16 28 cause or other exception as provided in section 252B.3, or 16 29 comparable law of another state. 16 30 (2) The unit receives and, through automation, matches 16 31 notification from the department of public safety or the unit 16 32 receives notification from a court of this or another state, 16 33 that a court has issued a protective order or no contact order 16 34 against a party with respect to another party or child. 16 35 (3) The unit receives notification that a court has 17 1 dismissed a petition for specified confidential information 17 2 pursuant to section 252B.9A. 17 3 (4) The unit receives notification that a tribunal has 17 4 issued an order under chapter 252K, the uniform interstate 17 5 family support Act, or the comparable law of another state, 17 6 that the address or other identifying information of a party 17 7 or child not be disclosed. 17 8 (5) The unit receives and, through automation, matches 17 9 notification from the division of child and family services of 17 10 the department, or the unit receives notification from a 17 11 comparable agency of another state, of a founded allegation of 17 12 child abuse, or a comparable finding under the law of the 17 13 other state. 17 14 (6) The unit receives notification that an individual has 17 15 an exemption from cooperation with child support enforcement 17 16 under a family investment program safety plan which addresses 17 17 family or domestic violence. 17 18 (7) The unit receives notification, as the result of a 17 19 request under section 252B.9A, of the existence of any 17 20 finding, order, safety plan, or founded allegation referred to 17 21 in subparagraphs (1) through (6) of this paragraph. 17 22 Sec. 27. NEW SECTION. 252B.9A DISCLOSURE OF CONFIDENTIAL 17 23 INFORMATION – AUTHORIZED PERSON – COURT. 17 24 1. A person, except a court or government agency, who is 17 25 an authorized person to receive specified confidential 17 26 information under 42 U.S.C. } 653, may submit a written 17 27 request to the unit for disclosure of specified confidential 17 28 information regarding a nonrequesting party. The written 17 29 request shall comply with federal law and regulations and 17 30 shall include a sworn statement attesting to the reason why 17 31 the requester is an authorized person under 42 U.S.C. } 653, 17 32 including that the requester would use the confidential 17 33 information only for purposes permitted in that section. 17 34 2. Upon receipt of a request from an authorized person 17 35 which meets all of the requirements under subsection 1, the 18 1 unit shall search available records as permitted by law or 18 2 shall request the information from the federal parent locator 18 3 service as provided in 42 U.S.C. } 653. 18 4 a. If the unit locates the specified confidential 18 5 information, the unit shall disclose the information to the 18 6 extent permitted under federal law, unless one of the 18 7 following applies: 18 8 (1) There is a notice from the federal parent locator 18 9 service that there is reasonable evidence of domestic violence 18 10 or child abuse pursuant to 42 U.S.C. } 653(b)(2). 18 11 (2) The unit has notified the federal parent locator 18 12 service of a disclosure risk indicator as provided in section 18 13 252B.9, subsection 3, paragraph "i", and has not removed that 18 14 notification. 18 15 (3) The unit receives notice of a basis for a disclosure 18 16 risk indicator listed in section 252B.9, subsection 3, 18 17 paragraph "i", within twenty days of sending a notice of the 18 18 request to the subject of the request by regular mail. 18 19 b. If the unit locates the specified confidential 18 20 information, but the unit is prohibited from disclosing 18 21 confidential information under paragraph "a", the unit shall 18 22 deny the request and notify the requester of the denial in 18 23 writing. Upon receipt of a written notice from the unit 18 24 denying the request, the requester may file a petition in 18 25 district court for an order directing the unit to release the 18 26 requested information to the court as provided in subsection 18 27 3. 18 28 3. A person may file a petition in district court for 18 29 disclosure of specified confidential information. The 18 30 petition shall request that the court direct the unit to 18 31 release specified confidential information to the court, that 18 32 the court make a determination of harm if appropriate, and 18 33 that the court release specified confidential information to 18 34 the petitioner. 18 35 a. The petition shall include a sworn statement attesting 19 1 to the intended use of the information by the petitioner as 19 2 allowed by federal law. Such statement may specify any of the 19 3 following intended uses: 19 4 (1) To establish parentage, or to establish, set the 19 5 amount of, modify, or enforce a child support obligation. 19 6 (2) To make or enforce a child custody or visitation 19 7 determination or order. 19 8 (3) To carry out the duty or authority of the petitioner 19 9 to investigate, enforce, or bring a prosecution with respect 19 10 to the unlawful taking or restraint of a child. 19 11 b. Upon the filing of a petition, the court shall enter an 19 12 order directing the unit to release to the court within thirty 19 13 days specified confidential information which the unit would 19 14 be permitted to release under 42 U.S.C. } 653 and 42 U.S.C. } 19 15 663, unless one of the following applies: 19 16 (1) There is a notice from the federal parent locator 19 17 service that there is reasonable evidence of domestic violence 19 18 or child abuse pursuant to 42 U.S.C. } 653(b)(2). 19 19 (2) The unit has notified the federal parent locator 19 20 service of a disclosure risk indicator as provided in section 19 21 252B.9, subsection 3, paragraph "i", and has not removed that 19 22 notification. 19 23 (3) The unit receives notice of a basis for a disclosure 19 24 risk indicator listed in section 252B.9, subsection 3, 19 25 paragraph "i", within twenty days of sending notice of the 19 26 order to the subject of the request by regular mail. The unit 19 27 shall include in the notice to the subject of the request a 19 28 copy of the court order issued under this paragraph. 19 29 c. Upon receipt of the order, the unit shall comply as 19 30 follows: 19 31 (1) If the unit has the specified confidential 19 32 information, and none of the domestic violence, child abuse, 19 33 or disclosure risk indicator provisions of paragraph "b" 19 34 applies, the unit shall file the confidential information with 19 35 the court along with a statement that the unit has not 20 1 received any notice that the domestic violence, child abuse, 20 2 or disclosure risk indicator provisions of paragraph "b" 20 3 apply. The unit shall be granted at least thirty days to 20 4 respond to the order. The court may extend the time for the 20 5 unit to comply. Upon receipt by the court of the confidential 20 6 information under this subparagraph, the court may order the 20 7 release of the information to the petitioner. 20 8 (2) If the unit has the specified confidential 20 9 information, and the domestic violence, child abuse, or 20 10 disclosure risk indicator provision of paragraph "b" applies, 20 11 the unit shall file with the court a statement that the 20 12 domestic violence, child abuse, or disclosure risk indicator 20 13 provision of paragraph "b" applies, along with any information 20 14 the unit has received related to the domestic violence, child 20 15 abuse, or disclosure risk indicator. The unit shall be 20 16 granted at least thirty days to respond to the order. The 20 17 court may extend the time for the unit to comply. Upon 20 18 receipt by the court of information from the unit under this 20 19 subparagraph, the court shall make a finding whether 20 20 disclosure of confidential information to any other person 20 21 could be harmful to the nonrequesting party or child. In 20 22 making the finding, the court shall consider any relevant 20 23 information provided by the parent or child, any information 20 24 provided by the unit or by a child support agency, any 20 25 information provided by the petitioner, and any other relevant 20 26 evidence. The unit or unit's attorney does not represent any 20 27 individual person in this proceeding. 20 28 (a) If the court finds that disclosure of confidential 20 29 information to any other person could be harmful to the 20 30 nonrequesting party or child, the court shall dismiss the 20 31 petition for disclosure and notify the unit to notify the 20 32 federal parent locator service of a disclosure risk indicator. 20 33 (b) If the court does not find that disclosure of 20 34 specified confidential information to any other person could 20 35 be harmful to the nonrequesting party or child, the court 21 1 shall notify the unit to file the specified confidential 21 2 information with the court. Upon receipt by the court of the 21 3 specified confidential information, the court may release the 21 4 information to the petitioner and inform the unit to remove 21 5 the disclosure risk indicator. 21 6 (3) If the unit does not have the specified confidential 21 7 information and cannot obtain the information from the federal 21 8 parent locator service, the unit shall comply with the order 21 9 by notifying the court of the lack of information. 21 10 4. The confidential information which may be released by 21 11 the unit to a party under subsection 2, or by the unit to the 21 12 court under subsection 3, shall be limited by the federal 21 13 Social Security Act and other applicable federal law, and the 21 14 unit may use the sworn statement filed pursuant to subsections 21 15 1 or 3 in applying federal law. Any information filed with 21 16 the court by the unit, when certified over the signature of a 21 17 designated employee, shall be considered to be satisfactorily 21 18 identified and shall be admitted as evidence, without 21 19 requiring third-party foundation testimony. Additional proof 21 20 of the official character of the person certifying the 21 21 document or the authenticity of the person's signature shall 21 22 not be required. 21 23 5. When making a request for confidential information 21 24 under this section, a party or petitioner shall indicate the 21 25 specific information requested. 21 26 6. For purposes of this section, "party" means party as 21 27 defined in section 252B.9, subsection 3. 21 28 7. The unit may adopt rules pursuant to chapter 17A to 21 29 prescribe provisions in addition to or in lieu of the 21 30 provisions of this section to comply with federal requirements 21 31 for parent locator services or the safeguarding of 21 32 information. 21 33 DIVISION V 21 34 VOLUNTARY PATERNITY AFFIDAVITS AND RECISION 21 35 Sec. 28. Section 252A.3A, subsection 3, paragraph a, Code 22 1 Supplement 1997, is amended to read as follows: 22 2 a. Prior to or at the time of completion of an affidavit 22 3 of paternity, written and oral information about paternity 22 4 establishment, developed by the child support recovery unit 22 5 created in section 252B.2, shall be provided to the mother and 22 6 putative father. Video or audio equipment may be used to 22 7 provide oral information. 22 8 Sec. 29. Section 252A.3A, subsection 9, paragraph a, 22 9 subparagraph (1), Code Supplement 1997, is amended to read as 22 10 follows: 22 11 (1) Written and oral information about establishment of 22 12 paternity pursuant to subsection 3. Video or audio equipment 22 13 may be used to provide oral information. 22 14 Sec. 30. Section 252A.3A, subsection 11, paragraph a, Code 22 15 Supplement 1997, is amended to read as follows: 22 16 a. Written and oral information about the establishment of 22 17 paternity pursuant to subsection 3. Video or audio equipment 22 18 may be used to provide oral information. 22 19 Sec. 31. Section 252A.3A, subsection 12, paragraph a, 22 20 subparagraph (2), Code Supplement 1997, is amended to read as 22 21 follows: 22 22 (2)Twenty days after the service of the notice or22 23petition initiatingEntry of a court order pursuant to a 22 24 proceeding in this state to which the signatory is a party 22 25 relating to the child, including a proceeding to establish a 22 26 support order under this chapter, chapter 252C, 252F, 598, or 22 27 600B or other law of this state. 22 28 DIVISION VI 22 29 ENFORCEMENT OF ORDERS FOR HEALTH CARE COVERAGE 22 30 Sec. 32. Section 252E.2, subsection 2, Code Supplement 22 31 1997, is amended to read as follows: 22 32 2. An insurer who is subject to the federal Employee 22 33 Retirement Income Security Act, as codified in 29 U.S.C. } 22 34 1169, shall provide benefits in accordance with that section 22 35 which meet the requirements of a qualified medical child 23 1 support order. For the purposes of this subsection "qualified 23 2 medical child support order" means and includes a medical 23 3 child support order as defined in 29 U.S.C. } 1169, or a child 23 4 support order which creates or recognizes the existence of a 23 5 child's right to, or assigns to a child the right to, receive 23 6 benefits for which a participant or child is eligible under a 23 7 group health plan or a notice of such an order issued by the 23 8 child support recovery unit, and which specifies the 23 9 following: 23 10 a. The name and the last known mailing address of the 23 11 participant and the name and mailing address of each child 23 12 covered by the order except that, to the extent provided in 23 13 the order, the name and mailing address of an official of the 23 14 department may be substituted for the mailing address of the 23 15 child. 23 16 b. A reasonable description of the type of coverage to be 23 17 providedby the planto each child, or the manner in which the 23 18 type of coverage is to be determined. 23 19 c. The period during which the coverage applies. 23 20d. Each plan to which the order applies.23 21 DIVISION VII 23 22 DEFINITION OF "ACCOUNT" 23 23 Sec. 33. Section 252I.1, subsection 1, Code Supplement 23 24 1997, is amended to read as follows: 23 25 1. "Account" means "account" as defined in section 23 26 524.103, "share account or shares" as defined in section 23 27 534.102, the savings or deposits of a member received or being 23 28 held by a credit union, or certificates of deposit. "Account" 23 29 also includes deposits held by an agent, a broker-dealer, or 23 30 an issuer as defined in section 502.102 and money-market 23 31 mutual fund accounts and "account" as defined in 42 U.S.C. } 23 32 666(a)(17). However, "account" does not include amounts held 23 33 by a financial institution as collateral for loans extended by 23 34 the financial institution. 23 35 DIVISION VIII 24 1 PASSPORT SANCTION 24 2 Sec. 34. Section 252B.5, subsection 11, Code Supplement 24 3 1997, is amended to read as follows: 24 4 11. a.Effective October 1, 1997,Comply with federal 24 5 procedures to periodically certify to the secretary of the 24 6 United States department of health and human services, a list 24 7 of the names of obligors determined by the unit to owe 24 8 delinquentchildsupport, under a support order as defined in 24 9 section 252J.1, in excess of five thousand dollars. The 24 10determinationcertification of the delinquent amount owed may 24 11 be based upon one or more support orders being enforced by the 24 12 unit if the delinquent support owed exceeds five thousand 24 13 dollars. Thedeterminationcertification shall include any 24 14 amounts which are delinquent pursuant to the periodic payment 24 15 plan when a modified order has been retroactively applied. 24 16 The certification shall be in a format and shall include any 24 17 supporting documentation required by the secretary. 24 18 b. All of the following shall apply to an action initiated 24 19 by the unit under this subsection: 24 20 (1)At least thirty days prior to provision of24 21certification to the secretary, the unitThe obligor shall 24 22sendbe sent a notice by regular mailto the last known24 23address of the obligorin accordance with federal law and 24 24 regulations and the notice shall remain in effect until 24 25 support delinquencies have been paid in full. The notice 24 26 shall include all of the following: 24 27 (a) A statementthat the unit has determined that24 28 regarding the amount of delinquent support owed by the obligor 24 29owes delinquent child support in excess of five thousand24 30dollars. 24 31 (b) A statement providing information thatupon24 32certification by the unit to the secretary, the secretary will24 33transmit the certification toif the delinquency is in excess 24 34 of five thousand dollars, the United States secretary of state 24 35for denial, revocation, restriction, or limitation ofmay 25 1 apply a passport sanction by revoking, restricting, limiting, 25 2 or refusing to issue a passport as provided in 42 U.S.C. } 25 3 652(k). 25 4 (c) Information regarding the procedures for challenging 25 5 thedeterminationcertification by the unit,. 25 6 (2) (a) A challenge shall be based upon mistake of fact. 25 7 For the purposes of this subsection, "mistake of fact" means a 25 8 mistake in the identity of the obligor or a mistake in the 25 9 amount of the delinquent child support owed if the amount did 25 10 not exceed five thousand dollars on the date of the unit's 25 11 decision on the challenge. 25 12(2) (a)If the obligor chooses to challenge the 25 13determinationcertification, the obligor shallsubmit the25 14challenge in writing tonotify the unit, to be received by the25 15unitwithintwenty days of the date ofthe time period 25 16 specified in the notice to the obligor. The obligor shall 25 17 include any relevant informationinwith thewritten25 18 challenge. 25 19 (b) Upon timely receipt of thewrittenchallenge, the unit 25 20 shall review thedeterminationcertification for a mistake of 25 21 fact, or refer the challenge for review to the child support 25 22 agency in the state chosen by the obligor as provided by 25 23 federal law. 25 24 (c) Following the unit's review of thedetermination25 25 certification, the unit shall send a written decision to the 25 26 obligor within ten days of timely receipt of thewritten25 27 challenge. 25 28 (i) If the unit determines that a mistake of fact exists, 25 29 the unit shallnot certify the name of the obligor to the25 30secretarysend notification in accordance with federal 25 31 procedures withdrawing the certification for passport 25 32 sanction. 25 33 (ii) If the unit determines that a mistake of fact does 25 34 not exist, theunit shall certify the name of the obligor to25 35the secretary no earlier thanobligor may contest the 26 1 determination within ten days following the issuance of the 26 2 decision, unless, within ten days of the issuance of the26 3decision, the obligor requestsby submitting a written request 26 4 for a contested case proceeding pursuant to chapter 17Aor26 5makes a payment for child support so that the amount of26 6delinquent child support no longer exceeds five thousand26 7dollars. 26 8 (3) Following issuance of a final decision under chapter 26 9 17A that no mistake of fact exists, the obligor may request a 26 10 hearing before the district courtin the county where one or26 11more of the support orders upon which the determination is26 12based is filedpursuant to chapter 17A.To request a hearing,26 13the obligor shall file a written application with the court26 14contesting the decision and shall send a copy of the26 15application to the unit by regular mail. Notwithstanding the26 16time specifications of section 17A.19, an application for a26 17hearing shall be filed with the court no later than ten days26 18after issuance of the final decision. The clerk of the26 19district court shall schedule a hearing and shall mail a copy26 20of the order scheduling the hearing to the obligor and to the26 21unit.Theunitdepartment shallcertifytransmit a copy of 26 22 itswritten decision indicating the date of issuance to the26 23court prior to the hearingrecord to the district court 26 24 pursuant to chapter 17A.The hearing shall be held within26 25thirty days of the filing of the application. The filing of26 26an application for a hearing shall stay the certification by26 27the unit to the secretary. However, if the obligor fails to26 28appear at the scheduled hearing, the stay shall be26 29automatically lifted and the unit shall certify the name of26 30the obligor to the secretary.The scope of the review by the 26 31 district court shall be limited to demonstration of a mistake 26 32 of fact. Issues related to visitation, custody, or other 26 33 provisions not related to the support provisions of a support 26 34 order are not grounds for a hearing under this subsection. 26 35 c. Following certification to the secretary, if the unit 27 1 determines that an obligor no longer owes delinquentchild27 2 support in excess of five thousand dollars, the unit shall 27 3notify the secretary of the change or shallprovide 27 4 informationto the secretaryand notice as the secretary 27 5 requires to withdraw the certification for passport sanction. 27 6 DIVISION IX 27 7 DETERMINATION OF CONTROLLING ORDER 27 8 Sec. 35. Section 252H.2, Code Supplement 1997, is amended 27 9 by adding the following new subsection: 27 10 NEW SUBSECTION. 6A. "Determination of controlling order" 27 11 means the process of identifying a child support order which 27 12 must be recognized pursuant to section 252K.207 and 28 U.S.C. 27 13 } 1738B, when more than one state has issued a support order 27 14 for the same child and the same obligor. Registration of a 27 15 foreign order is not necessary for a court or the unit to make 27 16 a determination of controlling order. 27 17 Sec. 36. Section 252H.3, subsection 1, Code Supplement 27 18 1997, is amended to read as follows: 27 19 1. Any action initiated under this chapter, including any 27 20 court hearing resulting from an action, shall be limited in 27 21 scope to the adjustment or modification of the child or 27 22 medical support or cost-of-living alteration of the child 27 23 support provisions of a support order. A determination of a 27 24 controlling order is within the scope of this chapter. 27 25 Sec. 37. Section 252H.8, subsection 4, Code Supplement 27 26 1997, is amended by adding the following new paragraph: 27 27 NEW PARAGRAPH. h. A certified copy of each order, issued 27 28 by another state, considered in determining the controlling 27 29 order. 27 30 Sec. 38. Section 252H.9, subsection 3, Code Supplement 27 31 1997, is amended by adding the following new paragraph: 27 32 NEW PARAGRAPH. g. If applicable, the order determined to 27 33 be the controlling order. 27 34 Sec. 39. Section 252H.16, subsection 1, Code 1997, is 27 35 amended to read as follows: 28 1 1. The unit shall conduct the review and determine whether 28 2 an adjustment is appropriate. As necessary, the unit shall 28 3 make a determination of the controlling order. 28 4 DIVISION X 28 5 INTENT – RESPONSIBLE PARENTHOOD 28 6 Sec. 40. INTENT OF THE GENERAL ASSEMBLY – RESPONSIBLE 28 7 PARENTHOOD. It is the intent of the general assembly that the 28 8 core principle upon which programs for children and families, 28 9 including the child support program, shall be based, is the 28 10 importance of the relationship between both parents and a 28 11 child. It is also the intent of the general assembly to 28 12 encourage family formation, optimally in the context of 28 13 marriage. 28 14 Neither parent's commitment to this relationship ends with 28 15 providing financial support, but includes the sharing of time 28 16 and self. The parent-child relationship includes rights and 28 17 responsibilities, and, if entered into with the fullest 28 18 commitment, includes limitless rewards and constitutes the 28 19 most effective means of providing a child with a model of what 28 20 a mother, a father, and a family should be. 28 21 It is the intent of the general assembly that the 28 22 department of human services cooperate with other state, 28 23 local, and community-based agencies and organizations to 28 24 develop individualized local approaches, while maximizing 28 25 coordination of existing programs and services, to assist both 28 26 parents in fragile families to make and maintain connections 28 27 with their children. 28 28 It is also the intent of the general assembly to enhance 28 29 employment opportunities for families, including those for 28 30 noncustodial parents, to improve the ability of both parents 28 31 to support their children. In doing so, the department of 28 32 human services and the department of workforce development 28 33 shall cooperate to assist both parents in obtaining and 28 34 maintaining employment including through the mechanisms 28 35 provided under the family investment program, the job 29 1 opportunities and basic skills (JOBS) program, the welfare-to- 29 2 work program, and the child support recovery program. 29 3 DIVISION XI 29 4 SATISFACTION OF ACCRUED SUPPORT DEBT 29 5 Sec. 41. Section 252B.3, Code Supplement 1997, is amended 29 6 by adding the following new subsection: 29 7 NEW SUBSECTION. 5. On or after July 1, 1999, the 29 8 department shall implement a program for the satisfaction of 29 9 accrued support debts, based upon timely payment by the 29 10 obligor of both current support due and any payments due for 29 11 accrued support debt under a periodic payment plan. The unit 29 12 shall adopt rules pursuant to chapter 17A to establish the 29 13 criteria and procedures for obtaining satisfaction under the 29 14 program. The rules adopted under this subsection shall 29 15 specify the cases and amounts to which the program is 29 16 applicable, and may provide for the establishment of the 29 17 program as a pilot program. 29 18 Sec. 42. Section 598.22A, Code Supplement 1997, is amended 29 19 by adding the following new subsection: 29 20 NEW SUBSECTION. 4. Payment of accrued support debt due 29 21 the department of human services shall be credited pursuant to 29 22 section 252B.3, subsection 5. 29 23 DIVISION XII 29 24 ALTERNATIVES TO MEDIAN INCOME 29 25 Sec. 43. Section 252B.7A, subsection 1, paragraph d, 29 26 unnumbered paragraph 1, Code Supplement 1997, is amended to 29 27 read as follows: 29 28 By July 1, 1999, the department shall adopt rules for 29 29 imputing income, whenever possible, based on the earning 29 30 capacity of a parent who does not provide income information 29 31 or for whom income information is not available. Until such 29 32 time as the department adopts rules establishing a different 29 33 standard for determining the income of a parent who does not 29 34 provide income information or for whom income information is 29 35 not available, the estimated state median income for a one- 30 1 person family as published annually in the Federal Register 30 2 for use by the federal office of community services, office of 30 3 energy assistance, for the subsequent federal fiscal year. 30 4 DIVISION XIII 30 5 INCOME WITHHOLDING ARREARAGE RATES 30 6 Sec. 44. Section 252D.18, subsection 1, Code 1997, is 30 7 amended by adding the following new paragraph: 30 8 NEW PARAGRAPH. d. There has been a change in the rules 30 9 adopted by the department pursuant to chapter 17A regarding 30 10 the amount of income to be withheld to pay a delinquency. 30 11 Sec. 45. INCOME WITHHOLDING RATES. 30 12 1. Beginning July 1, 1998, the amount of income withheld 30 13 for the payment of delinquent support, as determined by the 30 14 child support recovery unit under chapter 252D, shall be 30 15 decreased on a prospective basis from the current level of 30 16 fifty percent of the current child support obligation. 30 17 2. The department of human services may adopt rules 30 18 pursuant to section 17A.4, subsection 2, and section 17A.5, 30 19 subsection 2, paragraph "b", to implement this section and the 30 20 rules shall become effective immediately upon filing, unless 30 21 the effective date is delayed by the administrative rules 30 22 review committee, notwithstanding section 17A.4, subsection 5, 30 23 and section 17A.8, subsection 9, or a later effective date is 30 24 specified in the rules. Any rules adopted in accordance with 30 25 this section shall not take effect before the rules are 30 26 reviewed by the administrative rules review committee. Any 30 27 rules adopted in accordance with the provision of this section 30 28 shall also be published as notice of intended action as 30 29 provided in section 17A.4. 30 30 3. The department of human services may modify the rules 30 31 adopted under this section regarding the rate of withholding 30 32 established for payment of delinquent support, based upon the 30 33 results of implementation of this section including but not 30 34 limited to the resulting impact on collections. 30 35 DIVISION XIV 31 1 SATISFACTION OF SUPPORT OWED TO PARENT 31 2 Sec. 46. Section 252B.20, subsection 2, paragraph b, Code 31 3 Supplement 1997, is amended to read as follows: 31 4 b. Approve the request and prepare an order which shall be 31 5 submitted, along with the affidavit, to a judge of a district 31 6 court for approval, suspending the accruing support obligation 31 7 and, if requested by the obligee, and if not prohibited by 31 8 chapter 252K, satisfying the obligation of support due the 31 9 obligee. 31 10 Sec. 47. Section 252B.20, subsections 3, 10, and 11, Code 31 11 Supplement 1997, are amended to read as follows: 31 12 3. An order approved by the court for suspension of an 31 13 accruing support obligation is effective upon the date of 31 14 filing of the suspension order. The satisfaction of an 31 15 obligation of support due the obligee shall be final upon the 31 16 filing of the suspension order. A support obligation which is 31 17 satisfied is not subject to the reinstatement provisions of 31 18 this section. 31 19 10. This section does not provide for the suspension,31 20waiver, satisfaction,or retroactive modification of support 31 21 obligations which accrued prior to the entry of an order 31 22 suspending enforcement and collection of support pursuant to 31 23 this section. However, if in the application for suspension, 31 24 an obligee elects to satisfy an obligation of accrued support 31 25 due the obligee, the suspension order may satisfy the 31 26 obligation of accrued support due the obligee. 31 27 11. Nothing in this section shall prohibit or limit the 31 28 unit or a party entitled to receive support from enforcing and 31 29 collecting any unpaid or unsatisfied support that accrued 31 30 prior to the suspension of the accruing obligation. 31 31 DIVISION XV 31 32 PASS THROUGH OF CHILD SUPPORT 31 33 Sec. 48. FEDERAL PERMISSION – PASS THROUGH OF CHILD 31 34 SUPPORT. 31 35 1. The department of human services shall seek permission 32 1 from the United States department of health and human services 32 2 for a statewide initiative to pass the full amount of child 32 3 support collected, on behalf of family investment program 32 4 participants, through to those families without being required 32 5 to reimburse the federal government for the federal share of 32 6 the child support collected. If the department of human 32 7 services receives unconditional approval from the United 32 8 States department of health and human services, the department 32 9 shall submit an implementation proposal to the general 32 10 assembly that provides for a net offset in family investment 32 11 program benefits which is equivalent to the amount of child 32 12 support passed through to the family. 32 13 2. The goals of the initiative shall include all of the 32 14 following: 32 15 a. Encouraging payment of child support by providing a 32 16 direct connection between the act of paying child support and 32 17 the receipt of child support by the child. 32 18 b. Reinforcing the value of employment for family 32 19 investment program participants by more clearly identifying 32 20 the actual level of income necessary to become independent 32 21 from the receipt of benefits under the family investment 32 22 program when child support is also being received. 32 23 32 24 32 25 32 26 MARY E. KRAMER 32 27 President of the Senate 32 28 32 29 32 30 32 31 RON J. CORBETT 32 32 Speaker of the House 32 33 32 34 I hereby certify that this bill originated in the Senate and 32 35 is known as Senate File 2313, Seventy-seventh General Assembly. 33 1 33 2 33 3 33 4 MARY PAT GUNDERSON 33 5 Secretary of the Senate 33 6 Approved , 1998 33 7 33 8 33 9 33 10 TERRY E. BRANSTAD 33 11 Governor
Text: SF02312 Text: SF02314 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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