§ 234.39 — Responsibility for cost of services

Iowa § 234.39

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 234: CHILD AND FAMILY SERVICES

Text

1. It is the intent of this chapter that an individual receiving foster care services and the
individual’s parents or guardians shall have primary responsibility for paying the cost of the
care and services. The support obligation established and adopted under this section shall be
consistent with the limitations on legal liability established under sections 222.78 and 230.15,
and by any other statute limiting legal responsibility for support which may be imposed on
a person for the cost of care and services provided by the department. The department shall
notify an individual’s parents or guardians, at the time of the placement of an individual in
foster care, of the responsibility for paying the cost of care and services. Support obligations
shall be established as follows:
a. For an individual to whom section 234.35, subsection 1, is applicable, a dispositional
order of the juvenile court requiring the provision of foster care, or an administrative order
entered pursuant to chapter 252C, or any order establishing paternity and support for a child
infostercare,shallestablish,afternoticeandareasonableopportunitytobeheardisprovided
to a parent or guardian, the amount of the parent’s or guardian’s support obligation for the

cost of foster care provided by the department. The amount of the parent’s or guardian’s
support obligation and the amount of support debt accrued and accruing shall be established
in accordance with the child support guidelines prescribed under section 598.21B. However,
the court, or the department in establishing support by administrative order, may deviate
from the prescribed obligation after considering a recommendation by the department for
expenses related to goals and objectives of a case permanency plan as defined under section
237.15, and upon written findings of fact which specify the reason for deviation and the
prescribed guidelines amount. Any order for support shall direct the payment of the support
obligationtothecollectionservicescenterfortheuseofthedepartment’sfostercareservices.
The order shall be filed with the clerk of the district court in which the responsible parent
or guardian resides and has the same force and effect as a judgment when entered in the
judgment docket and lien index. The collection services center shall disburse the payments
pursuant to the order and record the disbursements. If payments are not made as ordered,
child support services may certify a default to the court and the court may, on its own motion,
proceedundersection598.22or598.23orchildsupportservicesmayenforcethejudgmentas
allowed by law. An order entered under this paragraph may be modified only in accordance
with the guidelines prescribed under section 598.21C, or under chapter 252H.
b. For an individual who is served by the department under section 234.35, and is
not subject to a dispositional order of the juvenile court requiring the provision of foster
care, the department shall determine the obligation of the individual’s parent or guardian
pursuant to chapter 252C and in accordance with the child support guidelines prescribed
under section 598.21B. However, the department may adjust the prescribed obligation for
expenses related to goals and objectives of a case permanency plan as defined under section
237.15. An obligation determined under this paragraph may be modified only in accordance
with conditions under section 598.21C, or under chapter 252H.
2. a. A person entitled to periodic support payments pursuant to an order or judgment
entered in any action for support, who also is or has a child receiving foster care services,
is deemed to have assigned to the department current and accruing support payments
attributable to the child effective as of the date the child enters foster care placement, to
the extent of expenditure of foster care funds. The department shall notify the clerk of the
district court when a child entitled to support payments is receiving foster care services
pursuant to chapter 234. Upon notification by the department that a child entitled to
periodic support payments is receiving foster care services, the clerk of the district court
shall make a notation of the automatic assignment in the judgment docket and lien index.
The notation constitutes constructive notice of assignment. The clerk of court shall furnish
the department with copies of all orders and decrees awarding support when the child is
receiving foster care services. At the time the child ceases to receive foster care services,
the assignment of support shall be automatically terminated. Unpaid support accrued under
the assignment of support rights during the time that the child was in foster care remains
due to the department up to the amount of unreimbursed foster care funds expended. The
department shall notify the clerk of court of the automatic termination of the assignment.
Unless otherwise specified in the support order, an equal and proportionate share of any
child support awarded shall be presumed to be payable on behalf of each child subject to the
order or judgment for purposes of an assignment under this section.
b. An assignment of support under paragraph “a” shall not apply when a child is placed
with a relative or fictive kin as those terms are defined in section 232.2, unless the relative or
fictive kin is an individual licensee or an approved kinship caregiver under chapter 237.
3. The support debt for the costs of services, for which a support obligation is established
pursuant to this section, which accrues prior to the establishment of the support debt, shall
be collected, at a maximum, in the amount which is the amount of accrued support debt for
the three months preceding the earlier of the following:
a. The provision by child support services of the initial notice to the parent or guardian of
the amount of the support obligation.
b. Thedatethatthewrittenrequestforacourthearingisreceivedbychildsupportservices
as provided in section 252C.3 or 252F.3.
4. If the department makes a subsidized guardianship payment for a child, the payment

shall be considered a foster care payment for purposes of child support services. All
provisions of this and other sections, and of rules and orders adopted or entered pursuant
to those sections, including for the establishment of a paternity or support order, for the
amount of a support obligation, for the modification or adjustment of a support obligation,
for the assignment of support, and for enforcement shall apply as if the child were receiving
foster care services, or were in foster care placement, or as if foster care funds were being
expended for the child. This subsection shall apply regardless of the date of placement in
foster care or subsidized guardianship or the date of entry of an order, and foster care and
subsidized guardianship shall be considered the same for purposes of child support services.

Legislative History

[C75, 77, 79, 81, §234.39]