Bill Text: IA HF584 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the diversion of social security disability dependent benefits assigned to the state for a child in foster care.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2019-03-04 - Introduced, referred to Judiciary. H.J. 387. [HF584 Detail]

Download: Iowa-2019-HF584-Introduced.html
House File 584 - Introduced HOUSE FILE 584 BY KACENA A BILL FOR An Act relating to the diversion of social security disability 1 dependent benefits assigned to the state for a child in 2 foster care. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2511YH (4) 88 pf/rh
H.F. 584 Section 1. Section 234.39, Code 2019, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 5. Notwithstanding any provision to the 3 contrary, any portion of a parent’s periodic support payments 4 assigned to the department pursuant to subsection 2 that 5 constitute dependent benefits paid for the child as a result 6 of disability benefits awarded to the child’s parent under 7 the federal Social Security Act pursuant to section 598.22C 8 shall not be used by the department to defray the costs of care 9 and services to the child in foster care, but shall instead 10 be deposited by the department in a savings account to be 11 transferred to the child when the child attains eighteen years 12 of age. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 Under current law, a parent or guardian of a child receiving 17 foster care services has primary responsibility for paying the 18 costs of the foster care and services. When a child is placed 19 in foster care, a person entitled to periodic support payments 20 who also is or has a child receiving foster care services is 21 deemed to have assigned to the department of human services, 22 the current and accruing support payments attributable to the 23 child. Under Code section 598C.22 (child support —— social 24 security disability dependent benefits), unless the court 25 otherwise provides, dependent benefits paid to the child 26 support obligee as a result of disability benefits awarded to 27 the child support obligor fully satisfy and substitute for the 28 support obligations for the same period of time for which the 29 benefits are awarded and are included in the income of the 30 disabled parent when calculating the support obligation. 31 Under the bill, if the assigned support obligation includes 32 these dependent benefits, that portion of the assigned amount 33 shall not be used by the department to defray the costs of care 34 and services to the child in foster care, but shall instead 35 -1- LSB 2511YH (4) 88 pf/rh 1/ 2
H.F. 584 be deposited by the department in a savings account to be 1 transferred to the child when the child attains 18 years of 2 age. 3 -2- LSB 2511YH (4) 88 pf/rh 2/ 2
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