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