Bill Text: IA SF2159 | 2011-2012 | 84th General Assembly | Enrolled

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Bill Title: A bill for an act relating to child support enforcement including protection of child support information. (Formerly SSB 3082.) Effective 7-1-12.

Sponsorship: Committee Bill

Status: (Passed) 2012-03-30 - Signed by Governor. S.J. 700. [SF2159 Detail]

Download: Iowa-2011-SF2159-Enrolled.html

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Senate File 2159
AN ACT
RELATING TO CHILD SUPPORT ENFORCEMENT INCLUDING PROTECTION OF
CHILD SUPPORT INFORMATION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 252B.5, subsection 9, paragraph b,
unnumbered paragraph 1, Code 2011, is amended to read as
follows:
Notwithstanding section 252B.9 , the The unit may forward
information to the department of administrative services as
necessary to implement this subsection , including but not
limited to both of the following:
Sec. 2. Section 252B.9, subsection 2, unnumbered paragraph
1, Code 2011, is amended to read as follows:
Notwithstanding other statutory provisions to the contrary,
including but not limited to chapters 22 and 217 , as the
chapters relate to confidentiality of records maintained by
the department, the payment records of the collection services
center maintained under section 252B.13A are public records
may be released, except when prohibited by federal law or
regulation, only as follows:
Sec. 3. Section 252B.9, subsection 2, paragraph a, Code
2011, is amended to read as follows:

Senate File 2159, p. 2
a. Payment records of the collection services center which
are maintained pursuant to chapter 598 are public records and
may be released upon request for the administration of a plan
or program approved for the supplemental nutrition assistance
program or under Tit. IV, XIX, or XXI of the federal Social
Security Act, as amended, and as otherwise permitted under
Tit. IV-D of the federal Social Security Act, as amended .
Payment records of the clerk of the district court, to which
the department has access to meet the requirements of a state
disbursement unit, are also public records and may be released
upon request. A payment record shall not include address or
location information.
Sec. 4. Section 252B.9, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2011, is amended to read as
follows:
Except as otherwise provided in subsection 1 , the The
department shall not may release details related to payment
records or provide alternative formats for release of the
information , with the following additional exceptions: for the
administration of a plan or program under Tit. IV-D of the
federal Social Security Act, as amended, including as follows:
Sec. 5. Section 252B.9, subsection 2, paragraph b,
subparagraph (1), Code 2011, is amended to read as follows:
(1) The unit or collection services center may provide
additional detail or present the information in an alternative
format to an individual or to the individual’s legal
representative if the individual owes or is owed a support
obligation, to an agency assigned the obligation as the result
of receipt by a party of public assistance, to an agency
charged with enforcing child support pursuant to Tit. IV-D of
the federal Social Security Act, as amended, or to the court.
Sec. 6. Section 252B.9, subsection 3, paragraph e, Code
2011, is amended to read as follows:
e. Information may be released if directly connected with
any of the following:
(1) The administration of the a plan or program approved for
the supplemental nutrition assistance program or under Tit.
I, IV-A, IV-B, IV-D, IV-E, X, XIV, XVI, IV, XIX, or XX XXI , or
the supplemental security income program established under Tit.
XVI, of the federal Social Security Act, as amended.
(2) Any investigations, prosecutions, or criminal or civil
proceeding conducted in connection with the administration of
any such plan or program.

Senate File 2159, p. 3
(3) The administration of any other federal or federally
assisted program which provides assistance in cash or in kind
or provides services, directly to individuals on the basis of
need.
(4) (3) Reporting to an appropriate agency or official of
any such plan or program , information on known or suspected
instances of physical or mental injury, sexual abuse or
exploitation, or negligent treatment or maltreatment of a child
who is the subject of a child support enforcement action under
circumstances which indicate that the child’s health or welfare
is threatened.
Sec. 7. Section 252B.9, subsection 3, paragraph g, Code
2011, is amended to read as follows:
g. The child support recovery unit shall may release
information relating to an absent parent to another unit of the
department pursuant to a written request for the information
approved by the director or the director’s designee for
the administration of a plan or program approved for the
supplemental nutrition assistance program or under Tit. IV,
XIX, or XXI of the federal Social Security Act, as amended,
specified under subsection 2 or this subsection, to the extent
the release of information does not interfere with the unit
meeting its own obligations under Tit. IV-D of the federal
Social Security Act, as amended, and subject to requirements
prescribed by the federal office of child support enforcement
of the United States department of health and human services .
Sec. 8. Section 252B.9A, subsection 1, Code 2011, is amended
to read as follows:
1. A person, except a court or government agency, who is an
authorized person to receive specified confidential information
under 42 U.S.C. § 653, may submit a written request to the unit
for disclosure of specified confidential information regarding
a nonrequesting party. The written request shall comply with
federal law and regulations , including any attestation and any
payment to the federal office of child support enforcement
of the United States department of health and human services
required by federal law or regulation, and shall include a
sworn statement attesting to the reason why the requester is
an authorized person under 42 U.S.C. § 653, including that
the requester would use the confidential information only for
purposes permitted in that section.
Sec. 9. Section 252G.5, subsections 2 and 3, Code 2011, are
amended to read as follows:

Senate File 2159, p. 4
2. State agencies as specified under 42 U.S.C. § 653A which
utilize income information for the determination of eligibility
or calculation of payments for benefit or entitlement payments
unless prohibited under federal law.
3. State agencies which utilize income information for
the recoupment of debts to the state operating employment
security and workers’ compensation programs for the purposes
of administering such programs unless prohibited under federal
law.
Sec. 10. Section 598.22, subsection 3, Code 2011, is amended
to read as follows:
3. An order or judgment entered by the court for temporary
or permanent support or for income withholding shall be filed
with the clerk. The orders have the same force and effect as
judgments when entered in the judgment docket and lien index
and are records open to the public. Unless otherwise provided
by federal law, if it is possible to identify the support
order to which a payment is to be applied, and if sufficient
information identifying the obligee is provided, the clerk or
the collection services center, as appropriate, shall disburse
the payments received pursuant to the orders or judgments
within two working days of the receipt of the payments.
All moneys received or disbursed under this section shall
be entered in records kept by the clerk, or the collection
services center, as appropriate, which and the records kept
by the clerk shall be available to the public. The clerk
or the collection services center shall not enter any moneys
paid in the record book if not paid directly to the clerk or
the center, as appropriate, except as provided for trusts and
federal social security disability payments in this section ,
and for tax refunds or rebates in section 602.8102, subsection
47 .
Sec. 11. Section 598.26, subsection 1, Code 2011, is amended
to read as follows:
1. Until a decree of dissolution has been entered, the
record and evidence shall be closed to all but the court, its
officers, and the child support recovery unit of the department
of human services pursuant to section 252B.9 . However,
the payment records of a temporary support order , whether
maintained by the clerk of the district court or the department
of human services, are public records and may be released upon
request. Payment records shall not include address or location
information. No other person shall permit a copy of any of

Senate File 2159, p. 5
the testimony, or pleading, or the substance thereof of any
testimony or pleading , to be made available to any person other
than a party to the action or a party’s attorney. Nothing in
this subsection shall be construed to prohibit publication
of the original notice as provided by the rules of civil
procedure.
______________________________
JOHN P. KIBBIE
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and
is known as Senate File 2159, Eighty-fourth General Assembly.
______________________________
MICHAEL E. MARSHALL
Secretary of the Senate
Approved _______________, 2012
______________________________
TERRY E. BRANSTAD
Governor