Senate
Study
Bill
3082
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
HUMAN
SERVICES
BILL)
A
BILL
FOR
An
Act
relating
to
child
support
enforcement
including
1
protection
of
child
support
information.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5288XD
(6)
84
pf/nh
S.F.
_____
H.F.
_____
Section
1.
Section
252B.5,
subsection
9,
paragraph
b,
1
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
2
follows:
3
Notwithstanding
section
252B.9
,
the
The
unit
may
forward
4
information
to
the
department
of
administrative
services
as
5
necessary
to
implement
this
subsection
,
including
but
not
6
limited
to
both
of
the
following:
7
Sec.
2.
Section
252B.9,
subsection
2,
unnumbered
paragraph
8
1,
Code
2011,
is
amended
to
read
as
follows:
9
Notwithstanding
other
statutory
provisions
to
the
contrary,
10
including
but
not
limited
to
chapters
22
and
217
,
as
the
11
chapters
relate
to
confidentiality
of
records
maintained
by
12
the
department,
the
payment
records
of
the
collection
services
13
center
maintained
under
section
252B.13A
are
public
records
14
may
be
released,
except
when
prohibited
by
federal
law
or
15
regulation,
only
as
follows:
16
Sec.
3.
Section
252B.9,
subsection
2,
paragraph
a,
Code
17
2011,
is
amended
to
read
as
follows:
18
a.
Payment
records
of
the
collection
services
center
which
19
are
maintained
pursuant
to
chapter
598
are
public
records
and
20
may
be
released
upon
request
for
the
administration
of
a
plan
21
or
program
approved
for
the
supplemental
nutrition
assistance
22
program
or
under
Tit.
IV,
XIX,
or
XXI
of
the
federal
Social
23
Security
Act,
as
amended,
and
as
otherwise
permitted
under
24
Tit.
IV-D
of
the
federal
Social
Security
Act,
as
amended
.
25
Payment
records
of
the
clerk
of
the
district
court,
to
which
26
the
department
has
access
to
meet
the
requirements
of
a
state
27
disbursement
unit,
are
also
public
records
and
may
be
released
28
upon
request.
A
payment
record
shall
not
include
address
or
29
location
information.
30
Sec.
4.
Section
252B.9,
subsection
2,
paragraph
b,
31
unnumbered
paragraph
1,
Code
2011,
is
amended
to
read
as
32
follows:
33
Except
as
otherwise
provided
in
subsection
1
,
the
The
34
department
shall
not
may
release
details
related
to
payment
35
-1-
LSB
5288XD
(6)
84
pf/nh
1/
5
S.F.
_____
H.F.
_____
records
or
provide
alternative
formats
for
release
of
the
1
information
,
with
the
following
additional
exceptions:
for
the
2
administration
of
a
plan
or
program
under
Tit.
IV-D
of
the
3
federal
Social
Security
Act,
as
amended,
including
as
follows:
4
Sec.
5.
Section
252B.9,
subsection
2,
paragraph
b,
5
subparagraph
(1),
Code
2011,
is
amended
to
read
as
follows:
6
(1)
The
unit
or
collection
services
center
may
provide
7
additional
detail
or
present
the
information
in
an
alternative
8
format
to
an
individual
or
to
the
individual’s
legal
9
representative
if
the
individual
owes
or
is
owed
a
support
10
obligation,
to
an
agency
assigned
the
obligation
as
the
result
11
of
receipt
by
a
party
of
public
assistance,
to
an
agency
12
charged
with
enforcing
child
support
pursuant
to
Tit.
IV-D
of
13
the
federal
Social
Security
Act,
as
amended,
or
to
the
court.
14
Sec.
6.
Section
252B.9,
subsection
3,
paragraph
e,
Code
15
2011,
is
amended
to
read
as
follows:
16
e.
Information
may
be
released
if
directly
connected
with
17
any
of
the
following:
18
(1)
The
administration
of
the
a
plan
or
program
approved
for
19
the
supplemental
nutrition
assistance
program
or
under
Tit.
20
I,
IV-A,
IV-B,
IV-D,
IV-E,
X,
XIV,
XVI,
IV,
XIX,
or
XX
XXI
,
or
21
the
supplemental
security
income
program
established
under
Tit.
22
XVI,
of
the
federal
Social
Security
Act,
as
amended.
23
(2)
Any
investigations,
prosecutions,
or
criminal
or
civil
24
proceeding
conducted
in
connection
with
the
administration
of
25
any
such
plan
or
program.
26
(3)
The
administration
of
any
other
federal
or
federally
27
assisted
program
which
provides
assistance
in
cash
or
in
kind
28
or
provides
services,
directly
to
individuals
on
the
basis
of
29
need.
30
(4)
(3)
Reporting
to
an
appropriate
agency
or
official
of
31
any
such
plan
or
program
,
information
on
known
or
suspected
32
instances
of
physical
or
mental
injury,
sexual
abuse
or
33
exploitation,
or
negligent
treatment
or
maltreatment
of
a
child
34
who
is
the
subject
of
a
child
support
enforcement
action
under
35
-2-
LSB
5288XD
(6)
84
pf/nh
2/
5
S.F.
_____
H.F.
_____
circumstances
which
indicate
that
the
child’s
health
or
welfare
1
is
threatened.
2
Sec.
7.
Section
252B.9,
subsection
3,
paragraph
g,
Code
3
2011,
is
amended
to
read
as
follows:
4
g.
The
child
support
recovery
unit
shall
may
release
5
information
relating
to
an
absent
parent
to
another
unit
of
the
6
department
pursuant
to
a
written
request
for
the
information
7
approved
by
the
director
or
the
director’s
designee
for
8
the
administration
of
a
plan
or
program
approved
for
the
9
supplemental
nutrition
assistance
program
or
under
Tit.
IV,
10
XIX,
or
XXI
of
the
federal
Social
Security
Act,
as
amended,
11
specified
under
subsection
2
or
this
subsection,
to
the
extent
12
the
release
of
information
does
not
interfere
with
the
unit
13
meeting
its
own
obligations
under
Tit.
IV-D
of
the
federal
14
Social
Security
Act,
as
amended,
and
subject
to
requirements
15
prescribed
by
the
federal
office
of
child
support
enforcement
16
of
the
United
States
department
of
health
and
human
services
.
17
Sec.
8.
Section
252B.9A,
subsection
1,
Code
2011,
is
amended
18
to
read
as
follows:
19
1.
A
person,
except
a
court
or
government
agency,
who
is
an
20
authorized
person
to
receive
specified
confidential
information
21
under
42
U.S.C.
§
653,
may
submit
a
written
request
to
the
unit
22
for
disclosure
of
specified
confidential
information
regarding
23
a
nonrequesting
party.
The
written
request
shall
comply
with
24
federal
law
and
regulations
,
including
any
attestation
and
any
25
payment
to
the
federal
office
of
child
support
enforcement
26
of
the
United
States
department
of
health
and
human
services
27
required
by
federal
law
or
regulation,
and
shall
include
a
28
sworn
statement
attesting
to
the
reason
why
the
requester
is
29
an
authorized
person
under
42
U.S.C.
§
653,
including
that
30
the
requester
would
use
the
confidential
information
only
for
31
purposes
permitted
in
that
section.
32
Sec.
9.
Section
252G.5,
subsections
2
and
3,
Code
2011,
are
33
amended
to
read
as
follows:
34
2.
State
agencies
as
specified
under
42
U.S.C.
§
653A
which
35
-3-
LSB
5288XD
(6)
84
pf/nh
3/
5
S.F.
_____
H.F.
_____
utilize
income
information
for
the
determination
of
eligibility
1
or
calculation
of
payments
for
benefit
or
entitlement
payments
2
unless
prohibited
under
federal
law.
3
3.
State
agencies
which
utilize
income
information
for
4
the
recoupment
of
debts
to
the
state
operating
employment
5
security
and
workers’
compensation
programs
for
the
purposes
6
of
administering
such
programs
unless
prohibited
under
federal
7
law.
8
Sec.
10.
Section
598.22,
subsection
3,
Code
2011,
is
amended
9
to
read
as
follows:
10
3.
An
order
or
judgment
entered
by
the
court
for
temporary
11
or
permanent
support
or
for
income
withholding
shall
be
filed
12
with
the
clerk.
The
orders
have
the
same
force
and
effect
as
13
judgments
when
entered
in
the
judgment
docket
and
lien
index
14
and
are
records
open
to
the
public.
Unless
otherwise
provided
15
by
federal
law,
if
it
is
possible
to
identify
the
support
16
order
to
which
a
payment
is
to
be
applied,
and
if
sufficient
17
information
identifying
the
obligee
is
provided,
the
clerk
or
18
the
collection
services
center,
as
appropriate,
shall
disburse
19
the
payments
received
pursuant
to
the
orders
or
judgments
20
within
two
working
days
of
the
receipt
of
the
payments.
21
All
moneys
received
or
disbursed
under
this
section
shall
22
be
entered
in
records
kept
by
the
clerk,
or
the
collection
23
services
center,
as
appropriate,
which
and
the
records
kept
24
by
the
clerk
shall
be
available
to
the
public.
The
clerk
25
or
the
collection
services
center
shall
not
enter
any
moneys
26
paid
in
the
record
book
if
not
paid
directly
to
the
clerk
or
27
the
center,
as
appropriate,
except
as
provided
for
trusts
and
28
federal
social
security
disability
payments
in
this
section
,
29
and
for
tax
refunds
or
rebates
in
section
602.8102,
subsection
30
47
.
31
Sec.
11.
Section
598.26,
subsection
1,
Code
2011,
is
amended
32
to
read
as
follows:
33
1.
Until
a
decree
of
dissolution
has
been
entered,
the
34
record
and
evidence
shall
be
closed
to
all
but
the
court,
its
35
-4-
LSB
5288XD
(6)
84
pf/nh
4/
5
S.F.
_____
H.F.
_____
officers,
and
the
child
support
recovery
unit
of
the
department
1
of
human
services
pursuant
to
section
252B.9
.
However,
2
the
payment
records
of
a
temporary
support
order
,
whether
3
maintained
by
the
clerk
of
the
district
court
or
the
department
4
of
human
services,
are
public
records
and
may
be
released
upon
5
request.
Payment
records
shall
not
include
address
or
location
6
information.
No
other
person
shall
permit
a
copy
of
any
of
7
the
testimony,
or
pleading,
or
the
substance
thereof
of
any
8
testimony
or
pleading
,
to
be
made
available
to
any
person
other
9
than
a
party
to
the
action
or
a
party’s
attorney.
Nothing
in
10
this
subsection
shall
be
construed
to
prohibit
publication
11
of
the
original
notice
as
provided
by
the
rules
of
civil
12
procedure.
13
EXPLANATION
14
This
bill
amends
provisions
regarding
the
use
and
disclosure
15
of
confidential
information
relating
to
child
support
16
enforcement
in
accordance
with
new
federal
regulations.
The
17
bill,
in
accordance
with
these
federal
regulations,
restricts
18
the
use
and
disclosure
of
such
information,
including
payment
19
records,
to
only
the
administration
of
the
child
support
20
program
under
Title
IV-D
of
the
federal
Social
Security
Act,
21
for
a
plan
or
program
approved
for
the
supplemental
nutrition
22
assistance
program,
and
to
provide
information
to
other
23
government
agencies
for
programs
under
Title
IV
(temporary
24
assistance
for
needy
families,
family
investment
program,
and
25
child
welfare),
Title
XIX
(Medicaid),
and
Title
XXI
(state
26
children’s
health
insurance
program)
of
the
federal
Social
27
Security
Act.
The
bill
also
requires
evidence
that
a
person
is
28
authorized
under
federal
law
in
order
to
access
parent
locator
29
services,
and
limits
the
government
agencies
that
may
have
30
access
to
the
Iowa
central
employee
registry.
31
-5-
LSB
5288XD
(6)
84
pf/nh
5/
5