Text: HF00584 Text: HF00586 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 234.39, Code 1999, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 5. If the department makes a subsidized
1 4 guardianship payment for a child, the payment shall be
1 5 considered a foster care payment for purposes of child support
1 6 recovery. All provisions of this and other sections, and of
1 7 rules and orders adopted or entered pursuant to those
1 8 sections, including for the establishment of a paternity or
1 9 support order, for the amount of a support obligation, for the
1 10 modification or adjustment of a support obligation, for the
1 11 assignment of support, and for enforcement shall apply as if
1 12 the child were receiving foster care services, or were in
1 13 foster care placement, or as if foster care funds were being
1 14 expended for the child. This subsection shall apply
1 15 regardless of the date of placement in foster care or
1 16 subsidized guardianship or the date of entry of an order, and
1 17 foster care and subsidized guardianship shall be considered
1 18 the same for purposes of child support recovery.
1 19 Sec. 2. Section 252B.13A, Code 1999, is amended by adding
1 20 the following new subsection:
1 21 NEW SUBSECTION. 3. Notwithstanding section 12C.7,
1 22 subsection 2, the federal share of interest earned on moneys
1 23 received under this section shall be credited to the
1 24 department for use by the unit. For the purposes of this
1 25 subsection, "federal share of interest" means an amount equal
1 26 to the loss of federal financial participation to the child
1 27 support program under Title IV-D of the federal Social
1 28 Security Act due to treatment of interest as program income
1 29 under federal law and regulations.
1 30 Sec. 3. Section 252D.23, Code 1999, is amended to read as
1 31 follows:
1 32 252D.23 FILING OF WITHHOLDING ORDER – ORDER EFFECTIVE AS
1 33 DISTRICT COURT ORDER.
1 34 An income withholding order entered by the child support
1 35 recovery unit pursuant to this chapter shall be filed with the
2 1 clerk of the district court. In lieu of any signature on the
2 2 order which may otherwise be required by law or rule, the
2 3 order shall have affixed the name and address of the
2 4 appropriate child support office. For the purposes of
2 5 demonstrating compliance by the payor of income, the copy of
2 6 the withholding order or the notice of the order received,
2 7 whether or not the copy of the order is file-stamped, shall
2 8 have all the force, effect, and attributes of a docketed order
2 9 of the district court including, but not limited to,
2 10 availability of contempt of court proceedings against a payor
2 11 of income for noncompliance. However, any information
2 12 contained in the income withholding order or the notice of the
2 13 order related to the amount of the accruing or accrued support
2 14 obligation which does not reflect the correct amount of
2 15 support due does not modify the underlying support judgment.
2 16 Sec. 4. Section 252I.4, subsection 3, Code 1999, is
2 17 amended to read as follows:
2 18 3. The unit may pay a reasonable fee to a financial
2 19 institution for conducting the data match required in
2 20 subsection 2, not to exceed the lower of either one hundred
2 21 fifty dollars for each quarterly data match or the actual
2 22 costs incurred by the financial institution for each quarterly
2 23 data match. However, the unit may also adopt rules pursuant
2 24 to chapter 17A to specify a fee amount for each quarterly data
2 25 match based upon the estimated state share of funds collected
2 26 under this chapter, which, when adopted, shall be applied in
2 27 lieu of the one hundred fifty dollar fee under this
2 28 subsection. In addition, the unit may pay a reasonable fee to
2 29 a financial institution for automation programming development
2 30 performed in order to conduct the data match required in
2 31 subsection 2, not to exceed the lower of either five hundred
2 32 dollars or the actual costs incurred by the financial
2 33 institution. The unit may use the state share of funds
2 34 collected under this chapter to pay the fees to financial
2 35 institutions under this subsection. For state fiscal years
3 1 beginning July 1, 1999, and July 1, 2000, the unit may use up
3 2 to one hundred percent of the state share of such funds. For
3 3 state fiscal years beginning on or after July 1, 2001, the
3 4 unit may use up to fifty percent of the state share of such
3 5 funds. Notwithstanding any other provision of law to the
3 6 contrary, a financial institution shall have until a date
3 7 provided in the agreement in subsection 2 to submit its claim
3 8 for a fee under this subsection. If the unit does not have
3 9 sufficient funds available under this subsection for payment
3 10 of fees under this subsection, the cost may be carried forward
3 11 to a future year. The unit may also use funds from an amount
3 12 assessed a child support agency of another state, as defined
3 13 in section 252H.2, to conduct a data match requested by that
3 14 child support agency as provided in 42 U.S.C. } 666(a)(14) to
3 15 pay fees to financial institutions under this subsection.
3 16 EXPLANATION
3 17 This bill makes changes in laws relating to child support
3 18 enforcement.
3 19 The bill provides that for the purposes of child support
3 20 recovery, subsidies paid by the department of human services
3 21 to guardians of children are to be considered the same as
3 22 foster care payments. This codifies language that accompanies
3 23 a proposal in the department's appropriations bill which
3 24 provides some permanency to children who cannot return to live
3 25 with their biological parents, but it is also not appropriate
3 26 to terminate parental rights. The child is therefore placed
3 27 with a permanent guardian, rather than in foster care. The
3 28 department pays a subsidy to the guardian, and the child
3 29 support recovery unit continues to collect child support from
3 30 the parent to reimburse the state as it would if the child
3 31 were in foster care.
3 32 The bill provides that the federal share of interest earned
3 33 on moneys received for child support by the child support
3 34 recovery unit and deposited in the state treasurer's account
3 35 is to be credited to the unit rather than credited to the
4 1 state general fund.
4 2 The bill also provides that income withholding orders
4 3 entered by the unit are to include the name and address of the
4 4 appropriate child support office, in lieu of any signature
4 5 otherwise required, in order to provide a contact for
4 6 employers and parents.
4 7 The bill also specifies the means by which the unit may pay
4 8 financial institutions for costs associated with data matches,
4 9 including costs of automation programming development
4 10 necessary to conduct the data matches.
4 11 LSB 1259HV 78
4 12 pf/gg/8
Text: HF00584 Text: HF00586 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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