Text: HSB00146 Text: HSB00148 Text: HSB00100 - HSB00199 Text: HSB 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, interest earned on moneys received under this 1 23 section shall be credited to the department for use by the 1 24 unit. 1 25 Sec. 3. Section 252D.23, Code 1999, is amended to read as 1 26 follows: 1 27 252D.23 FILING OF WITHHOLDING ORDER ORDER EFFECTIVE AS 1 28 DISTRICT COURT ORDER. 1 29 An income withholding order entered by the child support 1 30 recovery unit pursuant to this chapter shall be filed with the 1 31 clerk of the district court. In lieu of any signature on the 1 32 order which may otherwise be required by law or rule, the 1 33 order shall have affixed the name and address of the 1 34 appropriate child support office. For the purposes of 1 35 demonstrating compliance by the payor of income, the copy of 2 1 the withholding order or the notice of the order received, 2 2 whether or not the copy of the order is file-stamped, shall 2 3 have all the force, effect, and attributes of a docketed order 2 4 of the district court including, but not limited to, 2 5 availability of contempt of court proceedings against a payor 2 6 of income for noncompliance. However, any information 2 7 contained in the income withholding order or the notice of the 2 8 order related to the amount of the accruing or accrued support 2 9 obligation which does not reflect the correct amount of 2 10 support due does not modify the underlying support judgment. 2 11 Sec. 4. Section 252I.4, subsection 3, Code 1999, is 2 12 amended to read as follows: 2 13 3. The unit may pay a reasonable fee to a financial 2 14 institution for conducting the data match required in 2 15 subsection 2, not to exceed the lower of either one hundred 2 16 fifty dollars for each quarterly data match or the actual 2 17 costs incurred by the financial institution for each quarterly 2 18 data match. However, the unit may also adopt rules pursuant 2 19 to chapter 17A to specify a fee amount for each quarterly data 2 20 match based upon the estimated state share of funds collected 2 21 under this chapter, which, when adopted, shall be applied in 2 22 lieu of the one hundred fifty dollar fee under this 2 23 subsection. In addition, the unit may pay a reasonable fee to 2 24 a financial institution for automation programming development 2 25 performed in order to conduct the data match required in 2 26 subsection 2, not to exceed the lower of either five hundred 2 27 dollars or the actual costs incurred by the financial 2 28 institution. The unit may use the state share of funds 2 29 collected under this chapter to pay the fees to financial 2 30 institutions under this subsection. For state fiscal years 2 31 beginning July 1, 1999, and July 1, 2000, the unit may use up 2 32 to one hundred percent of the state share of such funds. For 2 33 state fiscal years beginning on or after July 1, 2001, the 2 34 unit may use up to fifty percent of the state share of such 2 35 funds. Notwithstanding any other provision of law to the 3 1 contrary, a financial institution shall have until a date 3 2 provided in the agreement in subsection 2 to submit its claim 3 3 for a fee under this subsection. If the unit does not have 3 4 sufficient funds available under this subsection for payment 3 5 of fees under this subsection, the cost may be carried forward 3 6 to a future year. The unit may also use funds from an amount 3 7 assessed a child support agency of another state, as defined 3 8 in section 252H.2, to conduct a data match requested by that 3 9 child support agency as provided in 42 U.S.C. } 666(a)(14) to 3 10 pay fees to financial institutions under this subsection. 3 11 Sec. 5. RETROACTIVE APPLICABILITY. Section 2 of this Act 3 12 amending section 252B.13A is retroactively applicable to July 3 13 1, 1998. 3 14 EXPLANATION 3 15 This bill makes changes in laws relating to child support 3 16 enforcement. 3 17 The bill provides that for the purposes of child support 3 18 recovery, subsidies paid by the department of human services 3 19 to guardians of children are to be considered the same as 3 20 foster care payments. This codifies language that accompanies 3 21 a proposal in the department's appropriations bill which 3 22 provides some permanency to children who cannot return to live 3 23 with their biological parents, but it is also not appropriate 3 24 to terminate parental rights. The child is therefore placed 3 25 with a permanent guardian, rather than in foster care. The 3 26 department pays a subsidy to the guardian, and the child 3 27 support recovery unit continues to collect child support from 3 28 the parent to reimburse the state as it would if the child 3 29 were in foster care. 3 30 The bill provides that interest earned on moneys received 3 31 for child support by the child support recovery unit and 3 32 deposited in the state treasurer's account is to be credited 3 33 to the unit rather than credited to the state general fund. 3 34 This provision is retroactively applicable to July 1, 1998. 3 35 The bill also provides that income withholding orders 4 1 entered by the unit are to include the name and address of the 4 2 appropriate child support office, in lieu of any signature 4 3 otherwise required, in order to provide a contact for 4 4 employers and parents. 4 5 The bill also specifies the means by which the unit may pay 4 6 financial institutions for costs associated with data matches, 4 7 including costs of automation programming development 4 8 necessary to conduct the data matches. 4 9 LSB 1259DP 78 4 10 pf/gg/8
Text: HSB00146 Text: HSB00148 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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