House File 584 - IntroducedA Bill ForAn Act 1relating to the diversion of social security disability
2dependent benefits assigned to the state for a child in
3foster care.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 234.39, Code 2019, is amended by adding
2the following new subsection:
3   NEW SUBSECTION.  5.  Notwithstanding any provision to the
4contrary, any portion of a parent’s periodic support payments
5assigned to the department pursuant to subsection 2 that
6constitute dependent benefits paid for the child as a result
7of disability benefits awarded to the child’s parent under
8the federal Social Security Act pursuant to section 598.22C
9shall not be used by the department to defray the costs of care
10and services to the child in foster care, but shall instead
11be deposited by the department in a savings account to be
12transferred to the child when the child attains eighteen years
13of age.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
   17Under current law, a parent or guardian of a child receiving
18foster care services has primary responsibility for paying the
19costs of the foster care and services. When a child is placed
20in foster care, a person entitled to periodic support payments
21who also is or has a child receiving foster care services is
22deemed to have assigned to the department of human services,
23the current and accruing support payments attributable to the
24child. Under Code section 598C.22 (child support — social
25security disability dependent benefits), unless the court
26otherwise provides, dependent benefits paid to the child
27support obligee as a result of disability benefits awarded to
28the child support obligor fully satisfy and substitute for the
29support obligations for the same period of time for which the
30benefits are awarded and are included in the income of the
31disabled parent when calculating the support obligation.
   32Under the bill, if the assigned support obligation includes
33these dependent benefits, that portion of the assigned amount
34shall not be used by the department to defray the costs of care
35and services to the child in foster care, but shall instead
-1-1be deposited by the department in a savings account to be
2transferred to the child when the child attains 18 years of
3age.
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