Text: SSB02095 Text: SSB02097 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 STATE DISBURSEMENT UNIT 1 3 Section 101. Section 236.10, Code Supplement 1997, is 1 4 amended to read as follows: 1 5 236.10 CONFIDENTIALITY OF RECORDS. 1 6 The file in a domestic abuse case shall be sealed by the 1 7 clerk of court when it is complete and after the time for 1 8 appeal has expired. However, the clerk shall open the file 1 9 upon application to and order of the court for good cause 1 10 shown or upon request of the child support recovery unit. 1 11 Support payment records, whether maintained by the clerk of 1 12 the district court or the department of human services, are 1 13 public records and may be released upon request. However, a 1 14 payment record shall not include address or location 1 15 information. 1 16 Sec. 102. Section 252B.9, subsection 2, paragraph a, Code 1 17 Supplement 1997, is amended to read as follows: 1 18 a. Payment records of the collection services center which 1 19 are maintained pursuant to chapter 598 are public records and 1 20 may be released upon request. Payment records of the clerk of 1 21 the district court, to which the department has access to meet 1 22 the requirements of a state disbursement unit, are also public 1 23 records and may be released upon request. A payment record 1 24 shall not include address or location information. 1 25 Sec. 103. Section 252B.13A, Code Supplement 1997, is 1 26 amended to read as follows: 1 27 252B.13A COLLECTION SERVICES CENTER. 1 28 1. The department shall establish within the unit a 1 29 collection services center for the receipt and disbursement of 1 30 support payments as defined in section 252D.16 or 598.1 as 1 31 required for orders by section 252B.14. For purposes of this 1 32 section, support payments do not include attorney fees, court 1 33 costs, or property settlements. The center may also receive 1 34 and disburse surcharges as provided in section 252B.23. 1 35 2. a. The collection services center shall meet the 2 1 requirements for a state disbursement unit pursuant to 42 2 2 U.S.C. } 654B, section 252B.14, and this section by October 1, 2 3 1999. 2 4 b. Prior to October 1, 1999, the department and the 2 5 judicial department shall enter into a cooperative agreement 2 6 for implementation of the state disbursement unit requirement. 2 7 The agreement shall include, but is not limited to, provisions 2 8 for all of the following: 2 9 (1) Coordination with the state case registry created in 2 10 section 252B.24. 2 11 (2) The receipt and disbursement of income withholding 2 12 payments for orders not receiving services from the unit 2 13 pursuant to section 252B.14, subsection 4. 2 14 (3) The transmission of information, orders, and 2 15 documents, and access to information. 2 16 (4) Furnishing, upon request, timely information on the 2 17 current status of support payments as provided in 42 U.S.C. } 2 18 654B(b)(4), in a manner consistent with state law. 2 19 (5) The notification of payors of income to direct income 2 20 withholding payments to the collection services center as 2 21 provided in section 252B.14, subsection 4. 2 22 Sec. 104. Section 252B.14, Code Supplement 1997, is 2 23 amended to read as follows: 2 24 252B.14 SUPPORT PAYMENTS – COLLECTION SERVICES CENTER – 2 25 CLERK OF THE DISTRICT COURT. 2 26 1. For the purposes of this section, "support order" 2 27 includes any order entered pursuant to chapter 234, 252A, 2 28 252C, 598, 600B, or any other support chapter or proceeding 2 29 which establishes support payments as defined in section 2 30 252D.16 or 598.1. 2 31 2. For support orders being enforced by the child support 2 32 recovery unit, support payments made pursuant to the order 2 33 shall be directed to and disbursed by the collection services 2 34 center. 2 35 3.For aWith the exception of supportorder aspayments 3 1 to which subsection 2does not applyor 4 applies, support 3 2 payments made pursuant tothean order shall be directed to 3 3 and disbursed by the clerk of the district court in the county 3 4 in which the order for support is filed. The clerk of the 3 5 district court may require the obligor to submit payments by 3 6 bank draft or money order if the obligor submits an 3 7 insufficient funds support payment to the clerk of the 3 8 district court. 3 9 4. By October 1, 1999, for a support order to which 3 10 subsection 2 does not apply, regardless of the terms of the 3 11 support order directing or redirecting the place of payment, 3 12 support payments made through income withholding by a payor of 3 13 income as provided in chapter 252D shall be directed to and 3 14 disbursed by the collection services center. The judicial 3 15 department and the department shall develop and implement a 3 16 plan to notify payors of income of this requirement and the 3 17 effective date of the requirement applicable to the respective 3 18 payor of income. 3 19 5. If the collection services center is receiving and 3 20 disbursing payments pursuant to a support order, but the unit 3 21 is not providing other services under Title IV-D of the 3 22 federal Social Security Act, or if the order is not being 3 23 enforced by the unit, the parties to that order are not 3 24 considered to be receiving services under this chapter. 3 254.6. Payments to persons other than the clerk of the 3 26 district court or the collection services center do not 3 27 satisfy the support obligations created by a support order or 3 28 judgment, except as provided for in sections 598.22 and 3 29 598.22A. 3 30 Sec. 105. Section 252B.15, Code 1997, is amended to read 3 31 as follows: 3 32 252B.15 PROCESSING AND DISBURSEMENT OF SUPPORT PAYMENTS. 3 33 1. The collection services center shall notify the clerk 3 34 of the district court of any order for which the child support 3 35 recovery unit is providing enforcement services. The clerk of 4 1 the district court shall forward any support payment made 4 2 pursuant to the order, along with any support payment 4 3 information, to the collection services center. Unless the 4 4 agreement developed pursuant to section 252B.13A otherwise 4 5 provides, by October 1, 1999, the clerk of the district court 4 6 shall forward any support payment made and any support payment 4 7 information provided through income withholding pursuant to 4 8 chapter 252D, to the collection services center. The 4 9 collection services center shall process and disburse the 4 10 payment in accordance with federal requirements. 4 11 2.IfUnless otherwise provided under federal law, if it 4 12 is possible to identify the support order to which a payment 4 13 is to be applied and if sufficient information is provided to 4 14 identify the obligee, a payment received by the collection 4 15 services center or the clerk of the district court shall be 4 16 disbursed to the appropriate individual or office within two 4 17 working days in accordance with section 598.22. 4 18 Sec. 106. Section 252B.16, subsection 3, Code 1997, is 4 19 amended to read as follows: 4 20 3. Once the responsibility for receiving and disbursing 4 21 support payments has been transferred from a clerk of the 4 22 district court to the collection services center, the 4 23 responsibility shall remain with the collection services 4 24 center even if the child support recovery unit is no longer 4 25 providing enforcement services, unless redirected by court 4 26 order. However, the responsibility for receiving and 4 27 disbursing income withholding payments shall not be redirected 4 28 to a clerk of the district court. 4 29 Sec. 107. Section 252D.1, Code Supplement 1997, is amended 4 30 to read as follows: 4 31 252D.1 DELINQUENT SUPPORT PAYMENTS. 4 32 If support payments ordered under chapter 232, 234, 252A, 4 33 252C, 252D, 252E, 252F, 598, 600B, or any other applicable 4 34 chapter, or under a comparable statute of a foreign 4 35 jurisdiction, as certified to the child support recovery unit 5 1 established in section 252B.2, are not paid to the clerk of 5 2 the district court or the collection services center pursuant 5 3 to section 598.22 and become delinquent in an amount equal to 5 4 the payment for one month, the child support recovery unit may 5 5 enter an ex parte order or, upon application of a person 5 6 entitled to receive the support payments, the district court 5 7 may enter an ex parte order, notifying the person whose income 5 8 is to be withheld, of the delinquent amount, of the amount of 5 9 income to be withheld, and of the procedure to file a motion 5 10 to quash the order for income withholding, and ordering the 5 11 withholding of specified sums to be deducted from the 5 12 delinquent person's income as defined in section 252D.16 5 13 sufficient to pay the support obligation and, except as 5 14 provided in section 598.22, requiring the payment of such sums 5 15 to the clerk of the district court or the collection services 5 16 center. Beginning October 1, 1999, all income withholding 5 17 payments shall be paid to the collection services center. 5 18 Notification of income withholding shall be provided to the 5 19 obligor and to the payor of income pursuant to section 5 20 252D.17. 5 21 Sec. 108. Section 252D.17, subsections 5, 6, and 8, Code 5 22 Supplement 1997, are amended to read as follows: 5 23 5. The payor shall send the amounts withheld to the 5 24 collection services center or the clerk of the district court 5 25 pursuant to section 252B.14 within seven business days of the 5 26 date the obligor is paid. "Business day" means a day on which 5 27 state offices are open for regular business. 5 28 6. The payor may combine amounts withheld from the 5 29 obligors' income in a single payment to the clerk of the 5 30 district court or to the collection services center, as 5 31 appropriate. Whether combined or separate, payments shall be 5 32 identified by the name of the obligor, account number, amount, 5 33 and, until October 1, 1999, the date withheld. If payments 5 34 for multiple obligors are combined, the portion of the payment 5 35 attributable to each obligor shall be specifically identified. 6 1 8. If the payor knowingly fails to withhold income or to 6 2 pay the amounts withheld to the collection services center or 6 3 the clerk of court in accordance with the provisions of the 6 4 orderor, the notice of the order, or the notification of 6 5 payors of income provisions established in section 252B.13A, 6 6 the payor commits a simple misdemeanor and is liable for the 6 7 accumulated amount which should have been withheld, together 6 8 with costs, interest, and reasonable attorney fees related to 6 9 the collection of the amounts due from the payor. 6 10 Sec. 109. Section 252D.18A, subsection 4, Code Supplement 6 11 1997, is amended to read as follows: 6 12 4. The payor shall identify and report payments by the 6 13 obligor's name, account number, amount, and date withheld 6 14 pursuant to section 252D.17.IfUntil October 1, 1999, if 6 15 payments for multiple obligees are combined, the portion of 6 16 the payment attributable to each obligee shall be specifically 6 17 identified. Beginning October 1, 1999, if payments for 6 18 multiple obligees are combined, the portion of the payment 6 19 attributable to each obligee shall be specifically identified 6 20 only if the payor is directed to do so by the child support 6 21 recovery unit. 6 22 Sec. 110. Section 252D.20, Code 1997, is amended to read 6 23 as follows: 6 24 252D.20 ADMINISTRATION OF INCOME WITHHOLDING PROCEDURES. 6 25 The child support recovery unit is designated as the entity 6 26 of the state to administer income withholding in accordance 6 27 with the procedures specified for keeping adequate records to 6 28 document, track, and monitor support payments on cases subject 6 29 to Title IV-D of the federal Social Security Act.TheUntil 6 30 October 1, 1999, the clerks of the district court are 6 31 designated as the entities for administering income 6 32 withholding on cases which are not subject to Title IV-D. 6 33 Beginning October 1, 1999, the collection services center is 6 34 designated as the entity for administering income withholding 6 35 for cases which are not subject to Title IV-D. The collection 7 1 services center's responsibilities for administering income 7 2 withholding in cases not subject to Title IV-D are limited to 7 3 the receipt, recording, and disbursement of income withholding 7 4 payments and to responding to requests for information on the 7 5 current status of support payments pursuant to section 7 6 252B.13A. Notwithstanding section 622.53, in cases where the 7 7 court or the child support recovery unit is enforcing a 7 8 foreign judgment through income withholding, a certified copy 7 9 of the underlying judgment is sufficient proof of 7 10 authenticity. 7 11 Sec. 111. Section 598.22, unnumbered paragraph 1, Code 7 12 Supplement 1997, is amended to read as follows: 7 13 Except as otherwise provided in section 598.22A, this 7 14 section applies to all initial or modified orders for support 7 15 entered under this chapter, chapter 234, 252A, 252C, 252F, 7 16 600B, or any other chapter of the Code. All orders or 7 17 judgments entered under chapter 234, 252A, 252C, 252F, or 7 18 600B, or under this chapter or any other chapter which provide 7 19 for temporary or permanent support payments shall direct the 7 20 payment of those sums to the clerk of the district court or 7 21 the collection services center in accordance with section 7 22 252B.14 for the use of the person for whom the payments have 7 23 been awarded. Beginning October 1, 1999, all income 7 24 withholding payments shall be directed to the collection 7 25 services center. Payments to persons other than the clerk of 7 26 the district court and the collection services center do not 7 27 satisfy the support obligations created by the orders or 7 28 judgments, except as provided for trusts governed by the 7 29 federal Retirement Equity Act of 1984, Pub. L. No. 98-397, for 7 30 tax refunds or rebates in section 602.8102, subsection 47, or 7 31 for dependent benefits paid to the child support obligee as 7 32 the result of disability benefits awarded to the child support 7 33 obligor under the federal Social Security Act. For trusts 7 34 governed by the federal Retirement Equity Act of 1984, Pub. L. 7 35 No. 98-397, the order for income withholding or notice of the 8 1 order for income withholding shall require the payment of such 8 2 sums to the alternate payee in accordance with the federal 8 3 Act. 8 4 Sec. 112. Section 598.22, unnumbered paragraph 3, Code 8 5 Supplement 1997, is amended to read as follows: 8 6 An order or judgment entered by the court for temporary or 8 7 permanent support or for income withholding shall be filed 8 8 with the clerk. The orders have the same force and effect as 8 9 judgments when entered in the judgment docket and lien index 8 10 and are records open to the public.TheUnless otherwise 8 11 provided by federal law, if it is possible to identify the 8 12 support order to which a payment is to be applied, and if 8 13 sufficient information identifying the obligee is provided, 8 14 the clerk or the collection services center, as appropriate, 8 15 shall disburse the payments received pursuant to the orders or 8 16 judgments within two working days of the receipt of the 8 17 payments. All moneys received or disbursed under this section 8 18 shall be entered in records kept by the clerk, or the 8 19 collection services center, as appropriate, which shall be 8 20 available to the public. The clerk or the collection services 8 21 center shall not enter any moneys paid in the record book if 8 22 not paid directly to the clerk or the center, as appropriate, 8 23 except as provided for trusts and federal social security 8 24 disability payments in this section, and for tax refunds or 8 25 rebates in section 602.8102, subsection 47. 8 26 Sec. 113. Section 598.26, subsection 1, Code 1997, is 8 27 amended to read as follows: 8 28 1. Until a decree of dissolution has been entered, the 8 29 record and evidence shall be closed to all but the court, its 8 30 officers, and the child support recovery unit of the 8 31 department of human services pursuant to section 252B.9. 8 32 However, the payment records of a temporary support order, 8 33 whether maintained by the clerk of the district court or the 8 34 department of human services, are public records and may be 8 35 released upon request. Payment records shall not include 9 1 address or location information. No other person shall permit 9 2 a copy of any of the testimony, or pleading, or the substance 9 3 thereof, to be made available to any person other than a party 9 4 to the action or a party's attorney. Nothing in this 9 5 subsection shall be construed to prohibit publication of the 9 6 original notice as provided by the rules of civil procedure. 9 7 Sec. 114. Section 602.8102, Code Supplement 1997, is 9 8 amended by adding the following new subsection: 9 9 NEW SUBSECTION. 47C. Perform duties relating to 9 10 implementation and operation of requirements for the 9 11 collection services center pursuant to section 252B.13A, 9 12 subsection 2. 9 13 DIVISION II 9 14 STATE CASE REGISTRY 9 15 Sec. 201. NEW SECTION. 252B.24 STATE CASE REGISTRY. 9 16 1. Beginning October 1, 1998, the unit shall operate a 9 17 state case registry to the extent determined by applicable 9 18 time frames and other provisions of 42 U.S.C. } 654A(e) and 9 19 this section. The unit and the judicial department shall 9 20 enter into a cooperative agreement for the establishment and 9 21 operation of the registry by the unit. The state case 9 22 registry shall include records with respect to all of the 9 23 following: 9 24 a. Unless prohibited by federal law, each case for which 9 25 services are provided under this chapter. 9 26 b. Each order for support, as defined in section 252D.16 9 27 or 598.1, which meets at least one of the following criteria: 9 28 (1) The support order is established or modified in this 9 29 state on or after October 1, 1998. 9 30 (2) The income of the obligor is subject to income 9 31 withholding under chapter 252D, including any support order 9 32 for which the district court enters an ex parte order under 9 33 chapter 252D on or after October 1, 1998. 9 34 2. The clerk of the district court shall provide the unit 9 35 with any information, orders, or documents requested by the 10 1 unit to establish or operate the state case registry, which 10 2 are specified in the agreement described in subsection 1, 10 3 within the time frames specified in that agreement. The 10 4 agreement shall include but is not limited to provisions to 10 5 provide for all of the following: 10 6 a. Provision to the unit of information, orders, and 10 7 documents necessary for the unit to meet requirements 10 8 described in 42 U.S.C. } 654A(e) and this section. 10 9 b. Provision to the unit of information filed with the 10 10 clerk of the district court by a party under section 598.22B, 10 11 and the social security number of a child filed with the clerk 10 12 of the district court under section 602.6111. 10 13 c. Use of automation, as appropriate, to meet the 10 14 requirements described in 42 U.S.C. } 654A(e) and this 10 15 section. 10 16 3. The records of the state case registry are confidential 10 17 records pursuant to chapter 22 and may only be disclosed or 10 18 used as provided in section 252B.9. 10 19 Sec. 202. Section 598.22B, Code Supplement 1997, is 10 20 amended to read as follows: 10 21 598.22B INFORMATION REQUIRED IN ORDER OR JUDGMENT. 10 22 This section applies to all initial or modified orders for 10 23 paternity or support entered under this chapter, chapter 234, 10 24 252A, 252C, 252F, 252H, 252K, or 600B, or under any other 10 25 chapter, and any subsequent order to enforce such support 10 26 orders. 10 27 1. All such orders or judgments shall direct each party to 10 28 file with the clerk of court or the child support recovery 10 29 unit, as appropriate, upon entry of the order, and to update 10 30 as appropriate, information on location and identity of the 10 31 party, including social security number, residential and 10 32 mailing addresses, telephone number, driver's license number, 10 33 and name, address, and telephone number of the party's 10 34 employer. The order shall also include a provision that the 10 35 information filed will be disclosed and used pursuant to this 11 1 section. The party shall file the information with the clerk 11 2 of court, or, if all support payments are to be directed to 11 3 the collection services center as provided insectionssection 11 4 252B.14, subsection 2, and section 252B.16, with the child 11 5 support recovery unit. 11 6 2. All such orders or judgments shall include a statement 11 7 that in any subsequent child support action initiated by the 11 8 child support recovery unit or between the parties, upon 11 9 sufficient showing that diligent effort has been made to 11 10 ascertain the location of such a party, the unit or the court 11 11mayshall deem due process requirements for notice and service 11 12 of process to be met with respect to the party, upon delivery 11 13 of written notice to the most recent residential or employer 11 14 address filed with the clerk of court or unit pursuant to 11 15 subsection 1. 11 16 3. a. Information filed pursuant to subsection 1 shall 11 17 not be a public record. 11 18 b. Information filed with the clerk of court pursuant to 11 19 subsection 1 shall be available to the child support recovery 11 20 unit, upon request. Beginning October 1, 1998, information 11 21 filed with the clerk of court pursuant to subsection 1 shall 11 22 be provided by the clerk of court to the child support 11 23 recovery unit pursuant to section 252B.24. 11 24 c. Information filed with the clerk of court shall be 11 25 available, upon request, to a party unless the party filing 11 26 the information also files an affidavit alleging the party has 11 27 reason to believe that release of the information may result 11 28 in physical or emotional harm to the affiant or child. 11 29 However, even if an affidavit has been filed, any information 11 30 provided by the clerk of court to the child support recovery 11 31 unit shall be disclosed by the unit as provided in section 11 32 252B.9. 11 33 d.If the child support recovery unit is providing11 34services pursuant to chapter 252B, information filed with11 35 Information provided to the unit shall only be disclosed as 12 1 provided in section 252B.9. 12 2 Sec. 203. Section 602.6111, Code 1997, is amended by 12 3 adding the following new subsection: 12 4 NEW SUBSECTION. 4. Beginning October 1, 1998, a party, 12 5 except the child support recovery unit, filing a petition, 12 6 complaint, answer, appearance, first motion, or any document 12 7 with the clerk of district court to establish or modify an 12 8 order for child support under chapter 236, 252A, 252K, 598, or 12 9 600B shall provide the clerk of the district court with the 12 10 social security number of the child. The clerk of the 12 11 district court shall keep the social security number of the 12 12 child confidential, except the clerk shall provide the number 12 13 to the child support recovery unit to be included in the 12 14 records of the state case registry created under section 12 15 252B.24. 12 16 Sec. 204. Section 602.8102, Code Supplement 1997, is 12 17 amended by adding the following new subsection: 12 18 NEW SUBSECTION. 47B. Perform the duties relating to 12 19 establishment and operation of a state case registry pursuant 12 20 to section 252B.24. 12 21 DIVISION III 12 22 NEW HIRE REPORTING 12 23 Sec. 301. Section 252B.9, subsection 3, paragraph c, Code 12 24 Supplement 1997, is amended to read as follows: 12 25 c. The unit may release or disclose information as 12 26 necessary to provide services under section 252B.5, as 12 27 provided by chapter 252G, as provided by Title IV-D of the 12 28 federal Social Security Act, as amended, or as required by 12 29 federal law. 12 30 Sec. 302. Section 252G.3, subsections 1 and 2, Code 12 31 Supplement 1997, are amended to read as follows: 12 32 1. Beginning January 1, 1994, an employer who hires or 12 33 rehires an employee on or after January 1, 1994, shall report 12 34 the hiring or rehiring of the employee to the centralized 12 35 employee registrywithin fifteenin accordance with one of the 13 1 following time frames: 13 2 a. Within fifteen days of the hiring or rehiring of the 13 3 employee.Employers shall report employees who, on the date13 4of hire or rehire, are eighteen years of age or older, and may13 5report employees who, on the date of hire or rehire, are under13 6eighteen years of age. Only employees who are reasonably13 7expected to earn at least one dollar in compensation for any13 8day on which the employee works shall be reported.13 9 b. If the employer is transmitting hire and rehire reports 13 10 magnetically or electronically, the employer may report 13 11 through transmissions which are not less than twelve nor more 13 12 than sixteen days apart. 13 13 1A. The report submitted shall contain all of the 13 14 following: 13 15 a. The employer's name, address, and federal 13 16 identification number. 13 17 b. The employee's name, address, and social security 13 18 number, and date of birth. 13 19 c. Information regarding whether the employer has employee 13 20 dependent health care coverage available and the appropriate 13 21 date on which the employee may qualify for the coverage. 13 22 d. The address to which income withholding orders or the 13 23 notices of orders and garnishments should be sent. 13 24 e. The employee's date of birth. 13 25 2. Employers required to report may report the information 13 26 required under subsection11A by any of the following means: 13 27 a. By mailing a copy of the employee's Iowa employee's 13 28 withholding allowance certificate to the registry. 13 29 b. By submitting electronic media in a format approved by 13 30 the unit in advance. 13 31 c. By submitting a fax transmission of the employee's Iowa 13 32 employee's withholding allowance certificate to the registry. 13 33 d. By any other means authorized by the unit in advance if 13 34 the means will result in timely reporting. 13 35 e. By submitting both of the following: 14 1 (1) For the information in subsection 1A, paragraphs "a" 14 2 and "b", by transmitting by first class mail, magnetically or 14 3 electronically, a federal W-4 form, or, at the option of the 14 4 employer, an equivalent form. 14 5 (2) By reporting the other information required in 14 6 subsection 1A by any of the means provided in paragraph "a", 14 7 "b", "c", or "d" of this subsection. 14 8 Sec. 303. Section 252G.5, Code 1997, is amended to read as 14 9 follows: 14 10 252G.5 ACCESS TO CENTRALIZED EMPLOYEE REGISTRY. 14 11 The records of the centralized employee registry are 14 12 confidential records pursuant tosectionsections 22.7 and 14 13 252B.9, and may be accessed only by state agencies as provided 14 14 in this section and section 252B.9. When a state agency 14 15 accesses information in the registry, the agency may use the 14 16 information to update the agency's own records. Access to and 14 17 use of the information contained in the registry shall be 14 18 limited to the following: 14 19 1. The unit for administration of the child support 14 20 enforcement program, including but not limited to activities 14 21 related to establishment and enforcement of child and medical 14 22 support obligations through administrative or judicial 14 23 processes, and other services authorized pursuant to chapter 14 24 252B. 14 25 2. State agencies which utilize income information for the 14 26 determination of eligibility or calculation of payments for 14 27 benefit or entitlement payments unless prohibited under 14 28 federal law. 14 29 3. State agencies which utilize income information for the 14 30 recoupment of debts to the state unless prohibited under 14 31 federal law. 14 32 DIVISION IV 14 33 CONFIDENTIALITY AND DISCLOSURE 14 34 Sec. 401. Section 252B.9, subsection 1, paragraph h, Code 14 35 Supplement 1997, is amended to read as follows: 15 1 h. Notwithstanding any law to the contrary, the unit and a 15 2 child support agency shall have access to any data maintained 15 3 by the state of Iowa which contains information that would aid 15 4 the agency in locating individuals. Such information shall 15 5 include, but is not limited to, driver's license, motor 15 6 vehicle, and criminal justice information. However, the 15 7 information does not include criminal investigative reports or 15 8 intelligence files maintained by law enforcement. The unit 15 9 and child support agency shall use or disclose the information 15 10 obtained pursuant to this paragraph only in accordance with 15 11 subsection 3. Criminal history records maintained by the 15 12 department of public safety shall be disclosed in accordance 15 13 with chapter 692. The unit shall also have access to the 15 14 protective order file maintained by the department of public 15 15 safety. 15 16 Sec. 402. Section 252B.9, subsection 3, paragraph d, Code 15 17 Supplement 1997, is amended by striking the paragraph and 15 18 inserting in lieu thereof the following: 15 19 d. The unit may release information under section 252B.9A 15 20 to meet the requirements of Title IV-D of the federal Social 15 21 Security Act for parent locator services. 15 22 Sec. 403. Section 252B.9, subsection 3, paragraph f, Code 15 23 Supplement 1997, is amended to read as follows: 15 24 f. Information may be released to courts having 15 25 jurisdiction in supportor abandonmentproceedings. If a 15 26 court issues an order, which is not entered under section 15 27 252B.9A, directing the unit to disclose confidential 15 28 information, the unit may file a motion to quash pursuant to 15 29 this chapter, Title IV-D of the federal Social Security Act, 15 30 or other applicable law. 15 31 Sec. 404. Section 252B.9, subsection 3, Code Supplement 15 32 1997, is amended by adding the following new paragraph: 15 33 NEW PARAGRAPH. i. If the unit receives notification under 15 34 this paragraph, the unit shall notify the federal parent 15 35 locator service as required by federal law that there is 16 1 reasonable evidence of domestic violence or child abuse 16 2 against a party or a child and that the disclosure of 16 3 information could be harmful to the party or the child. The 16 4 notification to the federal parent locator service shall be 16 5 known as notification of a disclosure risk indicator. For 16 6 purposes of this paragraph, the unit shall notify the federal 16 7 parent locator service of a disclosure risk indicator only if 16 8 at least one of the following applies: 16 9 (1) The unit receives notification that the department, or 16 10 comparable agency of another state, has made a finding of good 16 11 cause or other exception as provided in section 252B.3, or 16 12 comparable law of another state. 16 13 (2) The unit receives and, through automation, matches 16 14 notification from the department of public safety or the unit 16 15 receives notification from a court of this or another state, 16 16 that a court has issued a protective order or no contact order 16 17 against a party with respect to another party or child. 16 18 (3) The unit receives notification that a court has 16 19 dismissed a petition for specified confidential information 16 20 pursuant to section 252B.9A. 16 21 (4) The unit receives notification that a tribunal has 16 22 issued an order under chapter 252K, the uniform interstate 16 23 family support Act, or the comparable law of another state, 16 24 that the address or other identifying information of a party 16 25 or child not be disclosed. 16 26 (5) The unit receives and, through automation, matches 16 27 notification from the division of child and family services of 16 28 the department, or the unit receives notification from a 16 29 comparable agency of another state, of a founded allegation of 16 30 child abuse, or a comparable finding under the law of the 16 31 other state. 16 32 (6) The unit receives notification, as the result of a 16 33 request under section 252B.9A, of the existence of any 16 34 finding, order, or founded allegation referred to in 16 35 subparagraphs (1) through (5) of this paragraph. 17 1 The unit shall remove any disclosure risk indicator if the 17 2 unit receives notification that the finding, order, or founded 17 3 allegation is no longer in effect. 17 4 Sec. 405. NEW SECTION. 252B.9A DISCLOSURE OF 17 5 CONFIDENTIAL INFORMATION – AUTHORIZED PERSON – COURT. 17 6 1. A person, except a court or government agency, who is 17 7 an authorized person to receive specified confidential 17 8 information under 42 U.S.C. } 653, may submit a written 17 9 request to the unit for disclosure of specified confidential 17 10 information regarding a nonrequesting party. The written 17 11 request shall comply with federal law and regulations and 17 12 shall include a sworn statement attesting to the reason why 17 13 the requester is an authorized person under 42 U.S.C. } 653, 17 14 including that the requester would use the confidential 17 15 information only for purposes permitted in that section. 17 16 2. Upon receipt of a request from an authorized person 17 17 which meets all of the requirements under subsection 1, the 17 18 unit shall search available records as permitted by law or 17 19 shall request the information from the federal parent locator 17 20 service as provided in 42 U.S.C. } 653. 17 21 a. If the unit locates the specified confidential 17 22 information, the unit shall disclose the information to the 17 23 extent permitted under federal law, unless one of the 17 24 following applies: 17 25 (1) There is a notice from the federal parent locator 17 26 service that there is reasonable evidence of domestic violence 17 27 or child abuse pursuant to 42 U.S.C. } 653(b)(2). 17 28 (2) The unit has notified the federal parent locator 17 29 service of a disclosure risk indicator as provided in section 17 30 252B.9, subsection 3, paragraph "i", and has not removed that 17 31 notification. 17 32 (3) The unit receives notice of a basis for a disclosure 17 33 risk indicator listed in section 252B.9, subsection 3, 17 34 paragraph "i", within twenty days of sending a notice of the 17 35 request to the subject of the request by regular mail. 18 1 b. If the unit locates the specified confidential 18 2 information, but the unit is prohibited from disclosing 18 3 confidential information under paragraph "a", the unit shall 18 4 deny the request and notify the requester of the denial in 18 5 writing. Upon receipt of a written notice from the unit 18 6 denying the request, the requester may file a petition in 18 7 district court for an order directing the unit to release the 18 8 requested information to the court as provided in subsection 18 9 3. 18 10 3. A person may file a petition in district court for 18 11 disclosure of specified confidential information. The 18 12 petition shall request that the court direct the unit to 18 13 release specified confidential information to the court, that 18 14 the court make a determination of harm if appropriate, and 18 15 that the court release specified confidential information to 18 16 the petitioner. 18 17 a. The petition shall include a sworn statement attesting 18 18 to the intended use of the information by the petitioner as 18 19 allowed by federal law. Such statement may specify any of the 18 20 following intended uses: 18 21 (1) To establish parentage, or to establish, set the 18 22 amount of, modify, or enforce a child support obligation. 18 23 (2) To make or enforce a child custody or visitation 18 24 determination or order. 18 25 (3) To carry out the duty or authority of the petitioner 18 26 to investigate, enforce, or bring a prosecution with respect 18 27 to the unlawful taking or restraint of a child. 18 28 b. Upon the filing of a petition, the court shall enter an 18 29 order directing the unit to release to the court within thirty 18 30 days specified confidential information which the unit would 18 31 be permitted to release under 42 U.S.C. } 653 and 42 U.S.C. } 18 32 663, unless one of the following applies: 18 33 (1) There is a notice from the federal parent locator 18 34 service that there is reasonable evidence of domestic violence 18 35 or child abuse pursuant to 42 U.S.C. } 653(b)(2). 19 1 (2) The unit has notified the federal parent locator 19 2 service of a disclosure risk indicator as provided in section 19 3 252B.9, subsection 3, paragraph "i", and has not removed that 19 4 notification. 19 5 (3) The unit receives notice of a basis for a disclosure 19 6 risk indicator listed in section 252B.9, subsection 3, 19 7 paragraph "i", within twenty days of sending notice of the 19 8 order to the subject of the request by regular mail. The unit 19 9 shall include in the notice to the subject of the request a 19 10 copy of the court order issued under this paragraph. 19 11 c. Upon receipt of the order, the unit shall comply as 19 12 follows: 19 13 (1) If the unit has the specified confidential 19 14 information, and none of the domestic violence, child abuse, 19 15 or disclosure risk indicator provisions of paragraph "b" 19 16 applies, the unit shall file the confidential information with 19 17 the court along with a statement that the unit has not 19 18 received any notice that the domestic violence, child abuse, 19 19 or disclosure risk indicator provisions of paragraph "b" 19 20 apply. The unit shall be granted at least thirty days to 19 21 respond to the order. The court may extend the time for the 19 22 unit to comply. Upon receipt by the court of the confidential 19 23 information under this subparagraph, the court may order the 19 24 release of the information to the petitioner. 19 25 (2) If the unit has the specified confidential 19 26 information, and the domestic violence, child abuse, or 19 27 disclosure risk indicator provision of paragraph "b" applies, 19 28 the unit shall file with the court a statement that the 19 29 domestic violence, child abuse, or disclosure risk indicator 19 30 provision of paragraph "b" applies, along with any information 19 31 the unit has received related to the domestic violence, child 19 32 abuse, or disclosure risk indicator. The unit shall be 19 33 granted at least thirty days to respond to the order. The 19 34 court may extend the time for the unit to comply. Upon 19 35 receipt by the court of information from the unit under this 20 1 subparagraph, the court shall make a finding whether 20 2 disclosure of confidential information to any other person 20 3 could be harmful to the nonrequesting party or child. In 20 4 making the finding, the court shall consider any relevant 20 5 information provided by the parent or child, any information 20 6 provided by the unit or by a child support agency, any 20 7 information provided by the petitioner, and any other relevant 20 8 evidence. The unit or unit's attorney does not represent any 20 9 individual person in this proceeding. 20 10 (a) If the court finds that disclosure of confidential 20 11 information to any other person could be harmful to the 20 12 nonrequesting party or child, the court shall dismiss the 20 13 petition for disclosure and notify the unit to notify the 20 14 federal parent locator service of a disclosure risk indicator. 20 15 (b) If the court does not find that disclosure of 20 16 specified confidential information to any other person could 20 17 be harmful to the nonrequesting party or child, the court 20 18 shall notify the unit to file the specified confidential 20 19 information with the court. Upon receipt by the court of the 20 20 specified confidential information, the court may release the 20 21 information to the petitioner. 20 22 (3) If the unit does not have the specified confidential 20 23 information and cannot obtain the information from the federal 20 24 parent locator service, the unit shall comply with the order 20 25 by notifying the court of the lack of information. 20 26 4. The confidential information which may be released by 20 27 the unit to a party under subsection 2, or by the unit to the 20 28 court under subsection 3, shall be limited by the federal 20 29 Social Security Act and other applicable federal law, and the 20 30 unit may use the sworn statement filed pursuant to subsections 20 31 1 or 3 in applying federal law. Any information filed with 20 32 the court by the unit, when certified over the signature of a 20 33 designated employee, shall be considered to be satisfactorily 20 34 identified and shall be admitted as evidence, without 20 35 requiring third-party foundation testimony. Additional proof 21 1 of the official character of the person certifying the 21 2 document or the authenticity of the person's signature shall 21 3 not be required. 21 4 5. When making a request for confidential information 21 5 under this section, a party or petitioner shall indicate the 21 6 specific information requested. 21 7 6. For purposes of this section, "party" means party as 21 8 defined in section 252B.9, subsection 3. 21 9 7. The unit may adopt rules pursuant to chapter 17A to 21 10 prescribe provisions in addition to or in lieu of the 21 11 provisions of this section to comply with federal requirements 21 12 for parent locator services or the safeguarding of 21 13 information. 21 14 DIVISION V 21 15 VOLUNTARY PATERNITY AFFIDAVITS AND RECISION 21 16 Sec. 501. Section 252A.3A, subsection 3, paragraph a, Code 21 17 Supplement 1997, is amended to read as follows: 21 18 a. Prior to or at the time of completion of an affidavit 21 19 of paternity, written and oral information about paternity 21 20 establishment, developed by the child support recovery unit 21 21 created in section 252B.2, shall be provided to the mother and 21 22 putative father. Video or audio equipment may be used to 21 23 provide oral information. 21 24 Sec. 502. Section 252A.3A, subsection 9, paragraph a, 21 25 subparagraph (1), Code Supplement 1997, is amended to read as 21 26 follows: 21 27 (1) Written and oral information about establishment of 21 28 paternity pursuant to subsection 3. Video or audio equipment 21 29 may be used to provide oral information. 21 30 Sec. 503. Section 252A.3A, subsection 11, paragraph a, 21 31 Code Supplement 1997, is amended to read as follows: 21 32 a. Written and oral information about the establishment of 21 33 paternity pursuant to subsection 3. Video or audio equipment 21 34 may be used to provide oral information. 21 35 Sec. 504. Section 252A.3A, subsection 12, paragraph a, 22 1 subparagraph (2), Code Supplement 1997, is amended to read as 22 2 follows: 22 3 (2)Twenty days after the service of the notice or22 4petition initiatingEntry of a court order pursuant to a 22 5 proceeding in this state to which the signatory is a party 22 6 relating to the child, including a proceeding to establish a 22 7 support order under this chapter, chapter 252C, 252F, 598, or 22 8 600B or other law of this state. 22 9 DIVISION VI 22 10 ENFORCEMENT OF ORDERS FOR HEALTH CARE COVERAGE 22 11 Sec. 601. Section 252E.1, subsection 10, Code Supplement 22 12 1997, is amended to read as follows: 22 13 10. "Order" means a support order entered pursuant to 22 14 chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any 22 15 other support chapter, or pursuant to a comparable statute of 22 16 a foreign jurisdiction, or a notice of an order, or an ex 22 17 parte order entered pursuant to section 252E.4. 22 18 Sec. 602. Section 252E.2, subsection 2, Code Supplement 22 19 1997, is amended to read as follows: 22 20 2. An insurer who is subject to the federal Employee 22 21 Retirement Income Security Act, as codified in 29 U.S.C. } 22 22 1169, shall provide benefits in accordance with that section 22 23 which meet the requirements of a qualified medical child 22 24 support order. For the purposes of this subsection "qualified 22 25 medical child support order" means and includes a medical 22 26 child support order as defined in 29 U.S.C. } 1169, or a child 22 27 support order which creates or recognizes the existence of a 22 28 child's right to, or assigns to a child the right to, receive 22 29 benefits for which a participant or child is eligible under a 22 30 group health plan or a notice of such an order issued by the 22 31 child support recovery unit, and which specifies the 22 32 following: 22 33 a. The name and the last known mailing address of the 22 34 participant and the name and mailing address of each child 22 35 covered by the order except that, to the extent provided in 23 1 the order, the name and mailing address of an official of the 23 2 department may be substituted for the mailing address of the 23 3 child. 23 4 b. A reasonable description of the type of coverage to be 23 5 providedby the planto each child, or the manner in which the 23 6 type of coverage is to be determined. 23 7 c. The period during which the coverage applies. 23 8d. Each plan to which the order applies.23 9 DIVISION VII 23 10 DEFINITION OF "ACCOUNT" 23 11 Sec. 701. Section 252I.1, subsection 1, Code Supplement 23 12 1997, is amended to read as follows: 23 13 1. "Account" means "account" as defined in section 23 14 524.103, "share account or shares" as defined in section 23 15 534.102, the savings or deposits of a member received or being 23 16 held by a credit union, or certificates of deposit. "Account" 23 17 also includes deposits held by an agent, a broker-dealer, or 23 18 an issuer as defined in section 502.102 and money-market 23 19 mutual fund accounts and "account" as defined in 42 U.S.C. } 23 20 666(a)(17). However, "account" does not include amounts held 23 21 by a financial institution as collateral for loans extended by 23 22 the financial institution. 23 23 DIVISION VIII 23 24 PASSPORT SANCTION 23 25 Sec. 801. Section 252B.5, subsection 11, Code Supplement 23 26 1997, is amended to read as follows: 23 27 11. a.Effective October 1, 1997,Comply with federal 23 28 procedures to periodically certify to the secretary of the 23 29 United States department of health and human services, a list 23 30 of the names of obligors determined by the unit to owe 23 31 delinquentchildsupport, under a support order as defined in 23 32 section 252J.1, in excess of five thousand dollars. The 23 33determinationcertification of the delinquent amount owed may 23 34 be based upon one or more support orders being enforced by the 23 35 unit if the delinquent support owed exceeds five thousand 24 1 dollars. Thedeterminationcertification shall include any 24 2 amounts which are delinquent pursuant to the periodic payment 24 3 plan when a modified order has been retroactively applied. 24 4 The certification shall be in a format and shall include any 24 5 supporting documentation required by the secretary. 24 6 b. All of the following shall apply to an action initiated 24 7 by the unit under this subsection: 24 8 (1)At least thirty days prior to provision of24 9certification to the secretary, the unitThe obligor shall 24 10sendbe sent a notice by regular mailto the last known24 11address of the obligorin accordance with federal law and 24 12 regulations and the notice shall remain in effect until 24 13 support delinquencies have been paid in full. The notice 24 14 shall include all of the following: 24 15 (a) A statementthat the unit has determined that24 16 regarding the amount of delinquent support owed by the obligor 24 17owes delinquent child support in excess of five thousand24 18dollars. 24 19 (b) A statement providing information thatupon24 20certification by the unit to the secretary, the secretary will24 21transmit the certification toif the delinquency is in excess 24 22 of five thousand dollars, the United States secretary of state 24 23for denial, revocation, restriction, or limitation ofmay 24 24 apply a passport sanction by revoking, restricting, limiting, 24 25 or refusing to issue a passport as provided in 42 U.S.C. } 24 26 652(k). 24 27 (c) Information regarding the procedures for challenging 24 28 thedeterminationcertification by the unit,. 24 29 (2) (a) A challenge shall be based upon mistake of fact. 24 30 For the purposes of this subsection, "mistake of fact" means a 24 31 mistake in the identity of the obligor or a mistake in the 24 32 amount of the delinquent child support owed if the amount did 24 33 not exceed five thousand dollars on the date of the unit's 24 34 decision on the challenge. 24 35(2) (a)If the obligor chooses to challenge the 25 1determinationcertification, the obligor shallsubmit the25 2challenge in writing tonotify the unit, to be received by the25 3unitwithintwenty days of the date ofthe time period 25 4 specified in the notice to the obligor. The obligor shall 25 5 include any relevant informationinwith thewritten25 6 challenge. 25 7 (b) Upon timely receipt of thewrittenchallenge, the unit 25 8 shall review thedeterminationcertification for a mistake of 25 9 fact, or refer the challenge for review to the child support 25 10 agency in the state chosen by the obligor as provided by 25 11 federal law. 25 12 (c) Following the unit's review of thedetermination25 13 certification, the unit shall send a written decision to the 25 14 obligor within ten days of timely receipt of thewritten25 15 challenge. 25 16 (i) If the unit determines that a mistake of fact exists, 25 17 the unit shallnot certify the name of the obligor to the25 18secretarysend notification in accordance with federal 25 19 procedures withdrawing the certification for passport 25 20 sanction. 25 21 (ii) If the unit determines that a mistake of fact does 25 22 not exist, theunit shall certify the name of the obligor to25 23the secretary no earlier thanobligor may contest the 25 24 determination within ten days following the issuance of the 25 25 decision, unless, within ten days of the issuance of the25 26decision, the obligor requestsby submitting a written request 25 27 for a contested case proceeding pursuant to chapter 17Aor25 28makes a payment for child support so that the amount of25 29delinquent child support no longer exceeds five thousand25 30dollars. 25 31 (3) Following issuance of a final decision under chapter 25 32 17A that no mistake of fact exists, the obligor may request a 25 33 hearing before the district courtin the county where one or25 34more of the support orders upon which the determination is25 35based is filedpursuant to chapter 17A.To request a hearing,26 1the obligor shall file a written application with the court26 2contesting the decision and shall send a copy of the26 3application to the unit by regular mail. Notwithstanding the26 4time specifications of section 17A.19, an application for a26 5hearing shall be filed with the court no later than ten days26 6after issuance of the final decision. The clerk of the26 7district court shall schedule a hearing and shall mail a copy26 8of the order scheduling the hearing to the obligor and to the26 9unit.Theunitdepartment shallcertifytransmit a copy of 26 10 itswritten decision indicating the date of issuance to the26 11court prior to the hearingrecord to the district court 26 12 pursuant to chapter 17A.The hearing shall be held within26 13thirty days of the filing of the application. The filing of26 14an application for a hearing shall stay the certification by26 15the unit to the secretary. However, if the obligor fails to26 16appear at the scheduled hearing, the stay shall be26 17automatically lifted and the unit shall certify the name of26 18the obligor to the secretary.The scope of the review by the 26 19 district court shall be limited to demonstration of a mistake 26 20 of fact. Issues related to visitation, custody, or other 26 21 provisions not related to the support provisions of a support 26 22 order are not grounds for a hearing under this subsection. 26 23 c. Following certification to the secretary, if the unit 26 24 determines that an obligor no longer owes delinquentchild26 25 support in excess of five thousand dollars, the unit shall 26 26notify the secretary of the change or shallprovide 26 27 informationto the secretaryand notice as the secretary 26 28 requires to withdraw the certification for passport sanction. 26 29 DIVISION IX 26 30 DETERMINATION OF CONTROLLING ORDER 26 31 Sec. 901. Section 252H.2, Code Supplement 1997, is amended 26 32 by adding the following new subsection: 26 33 NEW SUBSECTION. 6A. "Determination of controlling order" 26 34 means the process of identifying a child support order which 26 35 must be recognized pursuant to section 252K.207 and 28 U.S.C. 27 1 } 1738B, when more than one state has issued a support order 27 2 for the same child and the same obligor. Registration of a 27 3 foreign order is not necessary for a court or the unit to make 27 4 a determination of controlling order. 27 5 Sec. 902. Section 252H.3, subsection 1, Code Supplement 27 6 1997, is amended to read as follows: 27 7 1. Any action initiated under this chapter, including any 27 8 court hearing resulting from an action, shall be limited in 27 9 scope to the adjustment or modification of the child or 27 10 medical support or cost-of-living alteration of the child 27 11 support provisions of a support order. A determination of a 27 12 controlling order is within the scope of this chapter. 27 13 Sec. 903. Section 252H.8, subsection 4, Code Supplement 27 14 1997, is amended by adding the following new paragraph: 27 15 NEW PARAGRAPH. h. A certified copy of each order, issued 27 16 by another state, considered in determining the controlling 27 17 order. 27 18 Sec. 904. Section 252H.9, subsection 3, Code Supplement 27 19 1997, is amended by adding the following new paragraph: 27 20 NEW PARAGRAPH. g. If applicable, the order determined to 27 21 be the controlling order. 27 22 Sec. 905. Section 252H.16, subsection 1, Code 1997, is 27 23 amended to read as follows: 27 24 1. The unit shall conduct the review and determine whether 27 25 an adjustment is appropriate. As necessary, the unit shall 27 26 make a determination of the controlling order. 27 27 EXPLANATION 27 28 This bill includes sections to comply with federal 27 29 requirements in the federal Personal Responsibility and Work 27 30 Opportunity Reconciliation Act of 1996, subsequent technical 27 31 amendments made to the Act in 1997, and other technical 27 32 changes. 27 33 DIVISION I. 27 34 State disbursement unit (SDU). The federal Act requires 27 35 states to provide a single location for employers to submit 28 1 income withholding payments by October 1, 1999. Under the 28 2 bill, employers will send all income withholding payments to 28 3 one SDU which is responsible for receiving, recording, and 28 4 disbursing these payments. 28 5 DIVISION II. 28 6 State case registry (SCR). This division of the bill 28 7 provides for compliance with a federal mandate which is 28 8 effective October 1, 1998. The CSRU must operate a state case 28 9 registry which includes all IV-D cases with or without orders 28 10 in place and all other orders for support established or 28 11 modified in Iowa on or after October 1, 1998. The Iowa SCR 28 12 will also include all non-IV-D orders under which an obligor 28 13 is subject to income withholding. 28 14 The federal Act requires that certain SCR data from Iowa be 28 15 transmitted to the federal case registry of child support 28 16 orders. 28 17 DIVISION III. 28 18 New hire reporting. Iowa must meet the new hire reporting 28 19 requirements of the federal Act by October 1, 1998. Some of 28 20 the new requirements were enacted in 1997 in House File 612. 28 21 The remaining requirements are in this proposal. The changes 28 22 include amending the definition of "employee" to provide no 28 23 age limit and no minimum amount of salary, a reporting form 28 24 which allows employers to use a W-4 or equivalent form to 28 25 report the federally mandated elements, an optional filing 28 26 time included in federal law for employers who file 28 27 electronically, and confidentiality requirements which conform 28 28 with the federal law. 28 29 DIVISION IV. 28 30 Confidentiality and disclosure. Federal legislation 28 31 enacted August 5, 1997, and November 19, 1997, made several 28 32 changes to the 1996 federal Act regarding who has access to 28 33 federal parent locator service (FPLS) and CSRU confidential 28 34 information and the safeguards which must be in place. These 28 35 changes require amendments to legislation enacted by the 29 1 general assembly in 1997. One of the new federal requirements 29 2 is to notify FPLS if confidential information should be 29 3 protected because there is a protective order or reasonable 29 4 evidence of domestic violence or child abuse. This bill lists 29 5 the criteria used by CSRU to determine if FPLS should be 29 6 notified. The notification is called notification of a 29 7 "disclosure risk indicator". Another federal requirement is 29 8 that CSRU operate a parent locator service to provide 29 9 confidential information to persons authorized under federal 29 10 law to receive the information for specific purposes, subject 29 11 to safeguards. This bill includes a process for an authorized 29 12 person to file a written request for the information with 29 13 CSRU. CSRU will determine if a disclosure risk indicator 29 14 exists and send a notice of the request for information to the 29 15 nonrequesting party. If no protective order or other 29 16 disclosure risk indicator exists, CSRU will release the 29 17 information. Since a court is also an "authorized person" 29 18 under federal law to receive confidential information subject 29 19 to safeguards, this proposal includes a second process for the 29 20 courts. A person may petition a court to begin this process. 29 21 The court will then issue an order to CSRU to disclose the 29 22 confidential information to the court, unless a protective 29 23 order or other disclosure risk indicator exists. CSRU will 29 24 also send a notice of the request for information to the 29 25 nonrequesting party. If CSRU identifies a disclosure risk 29 26 indicator, the unit will notify the court, and the court will 29 27 then make a determination whether disclosure of the 29 28 confidential information would be harmful to the other party 29 29 or child. If the court does not find that further disclosure 29 30 would be harmful, the court will notify CSRU to release the 29 31 information to the court for disclosure to the petitioner. 29 32 DIVISION V. 29 33 Voluntary paternity affidavits and recisions. Federal 29 34 legislation enacted in August 1997, which included a technical 29 35 amendment to the 1996 federal Act, allows oral information 30 1 about the voluntary paternity affidavit process to be provided 30 2 by video or audio tapes or similar means. This bill also 30 3 includes a technical correction of the time allowed to rescind 30 4 an affidavit. Clarification from the federal office of child 30 5 support enforcement provides an affidavit may be rescinded 30 6 within the earlier of 60 days or the issuance of a court order 30 7 relating to the child. 30 8 DIVISION VI. 30 9 Technical amendments related to enforcement of orders for 30 10 health care coverage. Federal legislation enacted August 5, 30 11 1997, includes several amendments to the federal law which 30 12 controls health care coverage benefits for self-funded Iowa 30 13 employers. This bill amends chapter 252E to conform the 30 14 definition of a "qualified medical child support order" 30 15 (QMCSO) to the new federal definition. It also clarifies that 30 16 CSRU may send a notice of the order to the employer, and is 30 17 not required to send a photocopy of the order. This is 30 18 similar to the income withholding process. 30 19 DIVISION VII. 30 20 Definition of "account". The bill redefines "account" to 30 21 comply with the federal definition. 30 22 DIVISION VIII. 30 23 Passport sanction. The federal Act included a requirement 30 24 for the sanctioning of passports if the child support 30 25 delinquency is over $5,000. In 1997, the federal government 30 26 issued instructions to states on how to implement the 30 27 requirement in coordination with three federal agencies. In 30 28 1997, legislation was enacted to provide a process for this, 30 29 but changes are now needed to conform to the new federal 30 30 instructions. The process involves Iowa certifying a list of 30 31 delinquent obligors to the federal office of child support 30 32 enforcement. Notices are then sent to obligors on that list 30 33 which notify them of their rights to appeal. 30 34 DIVISION IX. 30 35 Determination of controlling order. In 1997, the Uniform 31 1 Interstate Family Support Act (UIFSA) was enacted in Iowa 31 2 which, in part, provided a "one-order" system to facilitate 31 3 interstate child support enforcement. Under that Act and 31 4 under federal law, sometimes a state has to determine which of 31 5 several orders will be the "controlling order". The bill 31 6 clarifies that if CSRU is administratively modifying a support 31 7 order, and if it is necessary to determine the controlling 31 8 order, the unit can make that determination subject to court 31 9 ratification. This will prevent having to file two separate 31 10 actions: one to determine the controlling order and one to 31 11 file the modification. 31 12 LSB 3200DP 77 31 13 pf/sc/14.1
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