reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.5 - Assessment

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of assessment is to provide an evaluation of the
				  FIP applicant or participant family that furnishes a basis for the PROMISE JOBS
				  worker to determine:
(1) family
				members' employability and educational potential, so that participants can make
				well-informed choices; and
(2) the
				services that will be needed for the family to achieve self-sufficiency, so
				that the worker can provide appropriate guidance.
(1)
Initial assessment.
All
				persons referred to PROMISE JOBS shall complete an initial assessment, which
				shall be used to develop the initial FIA. The PROMISE JOBS worker shall meet
				individually with FIA-responsible persons who are referred to PROMISE JOBS to
				develop the FIA.
a.
Self-assessment.
The participant may either fill out Form
				470-0806, Self-Assessment, before the meeting or fill the form out during the
				meeting with assistance from the PROMISE JOBS worker. The results from
				self-assessment shall be used to assist in identifying the applicant's
				needs.
b.
Scope of initial
				assessment.
The initial assessment meeting, at a minimum, shall review
				the family's financial situation, family profile and goals, employment
				background, educational background, housing needs, child care needs,
				transportation needs, health care needs, family-size assessment and the
				participant's wishes regarding referral to family planning counseling, and
				other barriers which may require referral to entities other than PROMISE JOBS
				for services.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.7 - Work Activities

Current through Register Vol. 47, No. 3, July 24, 2024
Work activities include full-time employment, part-time
				  employment, self-employment, on-the-job training, work experience placement,
				  and unpaid community service. The participant and the PROMISE JOBS worker shall
				  incorporate into the FIA employment activities that are appropriate for the
				  work history, skill level, and life circumstances of the participant. If the
				  FIA activity is so hazardous that safety glasses, hard hats, or other safety
				  equipment is needed, participation shall not be arranged or approved unless
				  these safety precautions are available.
(1)
Full-time or part-time
				employment.
FIAs may include full-time employment or part-time
				employment. Employment that does not lead to economic self-sufficiency may be
				included in the FIA only if the employment situation leads to better employment
				opportunities through building work skills and work history. See subrule
				93.7(2) for additional policies applicable to self-employment.
a.
Full-time employment.
The
				goal for all participants is to participate in full-time employment. "Full-time
				employment" is defined as being employed an average of 30 or more hours per
				week.
(1) Persons who have not achieved
				self-sufficiency through full-time employment before the end date of the FIA
				may have the FIA extended.
(2)
				Persons who choose not to enter into the renegotiation process to extend the
				FIA shall be considered to have chosen the limited benefit plan. Procedures at
				subrule 93.4(5) and rules
				441-93.13 (239B) and
				441-93.14 (239B) shall
				apply.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.8 - Education and Training Activities

Current through Register Vol. 47, No. 3, July 24, 2024
Education refers to any academic or vocational course of
				  study that enables a participant to complete high school, improves a
				  participant's ability to read and speak English, or prepares a participant for
				  a specific professional or vocational area of employment. Though employment
				  leading to economic self-sufficiency is the eventual goal of all FIAs, it is
				  recognized that education increases a person's chance of finding employment,
				  particularly employment that leads to economic self-sufficiency. Any
				  participant who requests participation in educational activities shall be
				  evaluated to determine the likelihood of success. If the request is approved, a
				  training plan shall be developed and included in the participant's FIA.
(1)
Participant
				requirements.
The decision to include education in an FIA shall take
				into account the results of the educational evaluation pursuant to paragraph
				93.8(1)
"b"
and the current educational level of the
				participant. Prior academic or vocational training is not, in itself, a reason
				for denial or approval of educational services. All family members who are
				approved for education shall be eligible for all program benefits, even when
				two or more family members are simultaneously participating and even if
				participation is at the same educational facility and in the same program. For
				education to be approved for inclusion in an FIA, the following requirements
				shall be met.
a.
Vocational
				goal.
For a participant enrolled in postsecondary education, the
				education must lead to a specific vocational goal. A degree in general studies
				or programs not leading to specific occupational outcomes cannot be included in
				a participant's FIA.
(1) Except as provided in
				subparagraph 93.8(1)
"a"
(2), a vocational goal must be in an
				occupational field for which available labor market information or emerging
				business trends in the participant's local area indicate employment potential.
				These trends or statistics must be provided by a legitimate source, such as but
				not limited to:
1. The department of workforce
				development,
2. Private employment
				agencies, or
3. Local employers
				providing jobs paying at least minimum wage for which the education is being
				requested.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.10 - Required Documentation and Verification

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written
				notification to participants.
a.
Notice of meetings, assignments, and issues.
PROMISE JOBS
				shall notify participants in writing of all scheduled meetings, of FIA activity
				and work-site assignments, and of any participation issues as described at rule
				441-93.13 (239B). PROMISE JOBS
				shall also notify the participant in writing when the participant is required
				to provide medical documentation, verification of hours of participation,
				employment verification, or any other verification.
(1) PROMISE JOBS shall allow a participant
				ten working days from the date notice is mailed to appear for scheduled
				meetings unless the participant agrees to an appointment that is scheduled to
				take place in less than ten working days.
(2) PROMISE JOBS shall allow a participant
				ten working days from the date notice is mailed to appear for an FIA activity
				or work-site assignment or to provide medical documentation, employment
				verification, or any other verification, except as otherwise specified in
				subrule 93.10(2).
(3) PROMISE JOBS
				shall allow additional time upon request from the participant when the
				participant is making every effort but is unable to fulfill requirements within
				the established time frame.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.11 - Supportive Payments

Current through Register Vol. 47, No. 3, July 24, 2024
In order to facilitate successful participation, PROMISE JOBS
				  may provide payment for the expenses listed in this rule. Upon written request
				  from PROMISE JOBS, participants shall submit Form 470-0510, or other acceptable
				  estimate of costs, to initiate payments or change the amount of payment for
				  expenses other than child care.
(1)
Eligibility.
Participants are eligible for supportive payments
				needed for participation in activities in their FIA, subject to the limits in
				this chapter.
a. Applicants in a limited
				benefit plan who must complete significant contact with or action in regard to
				PROMISE JOBS for FIP eligibility to be considered, as described at
				441-paragraphs 41.24(8)
"a"
and
"d,"
are
				eligible for expense payments for the 20 hours of activity. However, PROMISE
				JOBS services and supportive payments are only available when it appears the
				applicant will otherwise be eligible for FIP.
b. Applicants who have received 60 months of
				FIP are eligible for PROMISE JOBS services and payments under the circumstances
				described at 441-subrule 41.30(3).
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.12 - Recovery of Promise Jobs Expense Payments

Current through Register Vol. 47, No. 3, July 24, 2024
When an applicant, a participant, or a provider receives an
				  expense payment for transportation or other supportive expenses that is greater
				  than allowed under these rules or receives a duplicate payment of an expense
				  payment, an overpayment is considered to have occurred and recovery is
				  required. There are two categories of PROMISE JOBS expense payments subject to
				  recovery:
(1) transportation,
				and
(2) other supportive expense
				payments.
(1) The PROMISE JOBS
				worker shall notify the department of inspections and appeals (DIA) to record
				the overpayment in the overpayment recovery system. The outstanding balance of
				any overpayments that occurred before July 1, 1990, shall be treated in the
				same manner.
(2) The department of
				inspections and appeals shall notify the participant or the provider when it is
				determined that an overpayment exists, as described at 441-paragraph
				7.4(3)
"i."
a. Notification
				shall include the amount, date, and reason for the overpayment. Upon the
				participant's request, the local office shall provide additional information
				regarding the computation of the overpayment.
b. The participant may appeal the computation
				of the overpayment and any action to recover the overpayment through benefit
				reduction in accordance with 441-paragraph 7.4(3)
"i."
If a
				participant or provider files an appeal request, the PROMISE JOBS unit shall
				notify the DIA within three working days of receipt of the appeal
				request.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.13 - Resolution of Participation Issues

Current through Register Vol. 47, No. 3, July 24, 2024
PROMISE JOBS participants who do not carry out the
				  responsibilities of the FIA shall be considered to have chosen the limited
				  benefit plan, as described at 441-subrule 41.24(8). The participation issues
				  listed in this rule are those that are important for effective functioning in
				  the workplace or training facility and for the completion of the FIA.
(1)
Notification of participation
				issue.
When participants appear to be choosing a limited benefit plan
				by not carrying out the FIA responsibilities, the PROMISE JOBS worker shall
				send one written reminder letter as specified in subrule 93.10(1). The written
				reminder letter shall:
a. Clearly identify the
				participation issue and the specific action needed to resolve it,
b. Clarify expectations,
c. Attempt to identify barriers to
				participation that should be addressed in the FIA,
d. Explain the consequences of the limited
				benefit plan, and
e. Offer
				supervisory intervention.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.14 - Problems That May Provide Good Cause for Participation Issues

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Problems leading to less than full participation.
Problems
				affecting participation shall be considered to be of a temporary or incidental
				nature when the participation can easily be resumed. The following problems may
				provide good cause for participation of less than the full number of hours
				identified in the FIA. PROMISE JOBS may require the participant to provide
				verification of the problem or barrier as described at subrule 93.10(3):
a. Illness of the participant. When a
				participant is ill more than three consecutive days or if illness is habitual,
				the PROMISE JOBS worker may require medical documentation of the
				illness.
b. Illness of family
				member. When a participant is required in the home due to illness of another
				family member, the PROMISE JOBS worker may require medical
				documentation.
c. Family emergency,
				using reasonable standards of an employer.
d. Bad weather, using reasonable standards of
				an employer.
e. Absence or
				tardiness due to participant's or spouse's job interview. When possible, the
				participant shall provide notice of the interview at least 24 hours in advance
				including the name and address of the employer conducting the interview. When
				24-hour notice is not possible, notice must be given as soon as possible and
				before the interview.
f. Leave due
				to the birth of a child. When a child is born after referral, necessary absence
				shall be determined in accordance with the Family Leave Act of 1993.
g. Court appearance.
h. Attendance at school functions of the
				participant's children or children in the participant's household.
i. Attendance at required meetings with the
				department of human services or PROMISE JOBS.
j. Absence due to up to ten holidays per
				year.
(1) The participant must normally have
				been scheduled to work, or participate in an unpaid work activity on the given
				day and the work site or facility is closed due to a holiday, or open but the
				participant is allowed to take the participant's normally scheduled hours off
				on a different day.
(2) The
				holidays included are New Year's Day, Martin Luther King Day, President's Day,
				Memorial Day, Fourth of July, Labor Day, Veterans Day, Thanksgiving, the day
				after Thanksgiving, and Christmas.
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.16 - Resolution of a Limited Benefit Plan

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Resolution process for a first
				limited benefit plan.
For participants who choose a first limited
				benefit plan, the notice of decision shall inform the participant of the action
				needed to reconsider the limited benefit plan as described at 441-subparagraph
				41.24(8)
"d"
(1)
a. The notice
				of decision establishing a first limited benefit plan shall inform the FIP
				participant that the participant may reconsider at any time from the date
				timely and adequate notice is issued establishing the limited benefit plan. The
				notice of decision shall inform the participant that the participant shall
				contact the department or appropriate PROMISE JOBS office to reconsider the
				limited benefit plan.
b. When the
				participant contacts either the income maintenance worker or the PROMISE JOBS
				office, the participant shall be scheduled to begin or resume development of
				the FIA as described elsewhere in these rules.
c. When the FIA is signed, the PROMISE JOBS
				worker shall notify the department and the limited benefit plan shall be
				terminated. FIP benefits shall be effective as described at 441-subparagraph
				41.24(8)
"d"
(1).
Iowa Administrative Code › Agency 441 - Human Services Department › Title IX - Work Incentive Demonstration › Chapter 93 - Promise Jobs Program › Rule 441-93.17 - Worker Displacement Grievance Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
The PROMISE JOBS program shall provide a grievance procedure
				  to address and resolve public complaints regarding the displacement of regular
				  workers with program participants in a work experience placement.
(1) The procedure shall provide that:
a. Complaints must be filed in writing and
				received by the PROMISE JOBS service provider within one year of the alleged
				violation.
b. A representative of
				the PROMISE JOBS service provider must schedule a face-to-face interview with
				the complainant within 7 days of the date the complaint is filed, to provide
				the opportunity for informal resolution of the complaint.
c. Written notice of the location, date and
				time of the face-to-face interview must be provided.
d. An opportunity must be provided to present
				evidence at the face-to-face interview.
e. The representative of the PROMISE JOBS
				service provider shall issue a decision in writing within 14 days of the date a
				complaint is filed.
f. A written
				explanation must be provided to all involved parties of the right to file a
				written appeal, according to 441-Chapter 7, if the opportunity for informal
				resolution is declined, if a party receives an adverse decision from the
				PROMISE JOBS service provider, or if there is no decision within the 14-day
				period.
(1) To be considered, an appeal must
				be filed with the department within 10 days of the mailing date of the adverse
				decision or within 24 days of the date a complaint is filed.
(2) An appeal hearing will not be granted
				until informal resolution procedures have been exhausted, unless a decision has
				not been issued within 24 days of the complaint filing date.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.2 - Child Support Recovery Eligibility and Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public assistance cases.
The child support recovery unit shall
				provide paternity establishment and support establishment, modification and
				enforcement services, as appropriate, under federal and state laws and rules
				for children and families referred to the unit who have applied for or are
				receiving public assistance. Referrals under this subrule may be made by the
				family investment program, the Medicaid program, the foster care program or
				agencies of other states providing child support services under Title IV-D of
				the Social Security Act for recipients of public assistance.
(2)
Nonpublic assistance
				cases.
The same services provided by the child support recovery unit
				for public assistance cases shall also be made available to any person not
				otherwise eligible for public assistance. The services shall be made available
				to persons upon the completion and filing of an application with the child
				support recovery unit except that an application shall not be required to
				provide services to the following persons:
a.
				Persons not receiving public assistance for whom an agency of another state
				providing Title IV-D child support recovery services has requested
				services.
b. Persons for whom a
				foreign reciprocating country or a foreign country with which this state has an
				arrangement as provided in 42 U.S.C. §
											659 has requested
				services.
c. Persons who are
				eligible for continued services upon termination of assistance under the family
				investment program or Medicaid.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.3 - Crediting of Current and Delinquent Support

Current through Register Vol. 47, No. 3, July 24, 2024
The amounts received as support from the obligor shall be
				  credited as the required support obligation for the month in which they are
				  collected. Any excess shall be credited as delinquent payments and shall be
				  applied to the immediately preceding month, and then to the next immediately
				  preceding month until all excess has been applied. Funds received as a result
				  of federal tax offsets shall be credited according to rule
				  441-98.84 (252B).
The date of collection shall be determined as follows:
(1)
Payments from income
				withholding.
Payments collected as the result of income withholding
				are considered collected in the month in which the income was withheld by the
				income provider. The date of collection shall be the date on which the income
				was withheld.
a. For the purpose of reporting
				the date the income was withheld, the department shall notify income providers
				of the requirement to report the date income was withheld and shall provide
				Form 470-3221 to those income providers who manually remit payments. When
				reported on this form or through other electronic means or multiple account
				listings, the date of collection shall be used to determine support
				distributions. When the date of collection is not reported, support
				distributions shall initially be issued based on the date of the check. If
				proof of the date of collection is subsequently provided, any additional
				payments due the recipient shall be issued.
b. When the collection services center (CSC)
				is notified or otherwise becomes aware that a payment received from an income
				provider pursuant to 441-Chapter 98, Division II, includes payment amounts such
				as vacation pay or severance pay, these amounts are considered irrevocably
				withheld in the months documented by the income provider. When the income
				provider does not document the months for which the sums are withheld, the
				amounts shall initially be distributed based on the date of the check. If
				documentation is subsequently provided, any additional payments due the
				recipient shall be issued.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.4 - Prepayment of Support

Current through Register Vol. 47, No. 3, July 24, 2024
Prepayment which is due to the child support obligee shall be
				  sent to the obligee upon receipt by the department, and shall be credited as
				  payment of future months' support. Prepayment which is due the state shall be
				  distributed as if it were received in the month when due. Support is prepaid
				  when amounts have been collected which fully satisfy the ongoing support
				  obligation for the current month and all past months.
This rule is intended to implement Iowa Code section
				  252B.14.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.5 - Lump Sum Settlement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Any lump sum
				settlement of child support involving an assignment of child support payments
				shall be negotiated in conjunction with the child support recovery unit. The
				child support recovery unit shall be responsible for the determination of the
				amount due the department, including any accrued interest on the support debt
				computed in accordance with Iowa Code section
				535.3 for court judgments. This
				determination of the amount due shall be made in accordance with Section
				302.51, Code of Federal Regulations, Title 45 as amended to September 1, 2022.
				The bureau chief may waive collection of the accrued interest when negotiating
				a lump sum settlement of a support debt, if the waiver will facilitate the
				collection of the support debt.
(2)
				The child support recovery unitshall be responsible for the determination of
				the department's entitlement to all or any of the lump sum payment in a
				paternity action.
This rule is intended to implement Iowa Code chapter
				  252C.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.13 - Appeals

Current through Register Vol. 47, No. 3, July 24, 2024
Nonreceipt of support collected by the department that is to
				  be paid to the obligee may be appealed pursuant to the procedures provided in
				  this rule if the obligee claims that the payment was credited to the incorrect
				  month in accordance with subrules 95.3(1), 95.3(2), and 95.3(3).
(1)
Contact with department.
Obligees who believe they have not received all or part of a support payment to
				which they are entitled in accordance with subrules 95.3(1), 95.3(2), and
				95.3(3) must first contact a customer service representative and indicate that
				they have not received the payment.
a. An
				obligee may contact a customer service representative by telephone or by
				writing to the Collection Services Center, P.O. Box 9243, Des Moines, Iowa
				50306.
b. The department will
				acknowledge this contact in writing, indicating the months at issue.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.15 - Child Support Recovery Unit Attorney

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
State's representative.
An assistant attorney general,
				assistant county attorney, or independent contract attorney employed by or
				under contract with the child support recovery unit represents only the state
				of Iowa. The sole attorney-client relationship for the child support recovery
				unit attorney is between the attorney and the state of Iowa. A private attorney
				acting under Iowa Code section
				252B.6A is not a child support
				recovery unit attorney, and is not a party to the action.
(2)
Provision of services.
The special role of the child support recovery unit attorney is limited by the
				attorney-client relationship between the attorney and the state of Iowa. The
				provision of legal services by the child support recovery unit attorney is
				limited as follows:
a. The child support
				recovery unit attorney shall not represent any person or entity other than the
				state of Iowa in the course of the attorney's employment by or contractual
				relationship with the child support recovery unit.
b. The child support recovery unit shall
				issue written disclosure of the attorney-client relationship between the
				attorney and the state of Iowa to recipients of child support enforcement
				services and to all parties in a review and adjustment
				proceeding.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.17 - Effective Date of Support

Current through Register Vol. 47, No. 3, July 24, 2024
For all original orders established by the child support
				  recovery unit, the effective date of the support obligation under the orders
				  shall be the twentieth day following the date the order is prepared by the
				  unit, unless otherwise specified.
This rule is intended to implement Iowa Code section
				  252B.14.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.18 - Continued Services Available to Canceled Family Investment Program (FIP) or Medicaid Recipients

Current through Register Vol. 47, No. 3, July 24, 2024
Support services shall automatically be provided to persons
				  who were eligible to receive support services as recipients of FIP or Medicaid
				  and who were canceled from FIP or Medicaid. Continued support services shall
				  not be provided to a person who has been canceled from FIP or Medicaid when a
				  claim of good cause, as defined at 441-Chapter 41 or 441-Chapter 75, as
				  appropriate, was valid at the time assistance was canceled or when one of the
				  reasons for termination of services, listed at rule
				  441-95.14 (252B), applies to the
				  case.
Support services shall be provided to eligible persons
				  without application or application fee, but subject to applicable enforcement
				  fees.
(1)
Notice of
				services.
When a family is no longer eligible for public assistance,
				the department shall forward Form 470-1981 to the family's last-known address
				within five working days of the notification of ineligibility, to inform the
				family of the following:
a. That, unless the
				family notifies the department to the contrary, services will
				continue.
b. Of the effect of
				continuing to receive support services, including the available services and
				the state's policies on fees, cost recovery, and distribution.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.19 - Cooperation of Public Assistance Recipients in Establishing and Obtaining Support

Current through Register Vol. 47, No. 3, July 24, 2024
If a person who is a recipient of FIP or Medicaid is required
				  to cooperate with the child support recovery unit in establishing paternity; in
				  establishing, modifying, or enforcing child or medical support; or in enforcing
				  spousal support, the following shall apply:
(1)
Cooperation defined.
The
				person shall cooperate in good faith in obtaining support for persons whose
				needs are included in the assistance grant or Medicaid household, except when
				good cause or other exception as defined in 441-Chapter 41 or 441-Chapter 75
				for refusal to cooperate, is established.
a.
				The person shall cooperate in the following areas:
(1) Identifying and locating the parent of
				the child for whom assistance or Medicaid is claimed.
(2) Establishing the paternity of a child
				born out of wedlock for whom assistance or Medicaid is claimed.
(3) Obtaining support payments for the person
				and the child for whom assistance is claimed, and obtaining medical support for
				the person and child for whom Medicaid is claimed.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.20 - Cooperation of Public Assistance Applicants in Establishing and Obtaining Support

Current through Register Vol. 47, No. 3, July 24, 2024
If a person who is an applicant of FIP or Medicaid is
				  required to cooperate in establishing paternity; in establishing, modifying, or
				  enforcing child or medical support; or in enforcing spousal support, the
				  requirements in 441-Chapter 41 and 441-Chapter 75 shall apply. The appropriate
				  staff in the FIP and Medicaid programs are designees of the child support
				  recovery unit to determine noncooperation and issue notices of that
				  determination until the referral to the unit is completed.
This rule is intended to implement Iowa Code section
				  252B.3.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.21 - Cooperation in Establishing and Obtaining Support in Nonpublic Assistance Cases

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements.
The individual receiving nonpublic assistance
				support services shall cooperate with the child support recovery unit by
				meeting all the requirements of rule
				441-95.19 (252B), except that
				the individual may not claim good cause or other exception for not
				cooperating.
(2)
Failure to
				cooperate.
The child support recovery unit shall make the
				determination of whether or not the nonpublic assistance applicant or recipient
				of services has cooperated. Noncooperation shall result in termination of
				support services. An applicant or recipient may also request termination of
				services under subparagraph 95.14(1)
"a"
(10).
This rule is intended to implement Iowa Code section
				  252B.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.22 - Charging Pass-through Fees

Current through Register Vol. 47, No. 3, July 24, 2024
Pass-through fees are fees or costs incurred by the
				  department for service of process, genetic testing and court costs if the
				  entity providing the service charges a fee for the services. The child support
				  recovery unit may charge pass-through fees to persons who receive continued
				  services according to rule
				  441-95.18
				  (252B) and to other persons receiving nonassistance services, except no fees
				  may be charged an obligee residing in a foreign country or the foreign country
				  if the unit is providing services under paragraph 95.2(2)
"b. "
This rule is intended to implement Iowa Code section
				  252B.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.23 - Reimbursing Assistance With Collections of Assigned Support

Current through Register Vol. 47, No. 3, July 24, 2024
For an obligee and child who currently receive assistance
				  under the family investment program, the full amount of any assigned support
				  collection that the department receives shall be distributed according to rule
				  441-95.3
				  (252B) and retained by the department to reimburse the family investment
				  program assistance.
This rule is intended to implement Iowa Code section
				  252B.15.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.24 - Child Support Account

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit shall maintain a child
				  support account for each client. The account, representing money due the
				  department, shall cover all periods of time public assistance has been paid,
				  commencing with the date of the assignment. The child support recovery unit
				  will not maintain an interest-bearing account.
This rule is intended to implement Iowa Code chapter
				  252C.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.25 - Emancipation Verification

Current through Register Vol. 47, No. 3, July 24, 2024
The child support recovery unit (CSRU) may verify whether a
				  child will emancipate according to the provisions established in the court
				  order prior to the child's eighteenth birthday.
(1)
Verification process.
CSRU shall send Form 470-2562 to the obligor and obligee on a case if CSRU has
				an address.
(2)
Return
				information.
The obligor and obligee shall be asked to complete and
				return the form to the unit. CSRU shall use the information provided by the
				obligor or obligee to determine if the status of the child indicates that any
				previously ordered adjustments related to the obligation and a child's
				emancipation are necessary on the case.
(3)
Failure to return
				information.
If the obligor and obligee fail to return the
				questionnaire, CSRU shall apply the earliest emancipation date established in
				the support order to the case and implement changes in support amounts required
				in the support order.
(4)
Conflicting information returned.
If conflicting information
				is returned or made known to CSRU, CSRU shall have the right to verify the
				child's status through sources other than the obligor and obligee.
This rule is intended to implement Iowa Code sections
				  252B.3 and
				  252B.4.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.26 - Right of Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Under this
				chapter, an administrative appeal pursuant to 441-Chapter 7 shall be limited to
				the following issues:
a. A person is not
				entitled to a support payment in full or in part because of the date of
				collection, as provided under rule
				441-95.13 (17A), or a dispute
				based on the date of collection has not been acted on in a timely
				manner.
b. A termination in
				services has occurred as provided in rule
				441-95.14 (252B).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 95 - Collections › Rule 441-95.27 - Appeal Record

Current through Register Vol. 47, No. 3, July 24, 2024
The record in an administrative appeal under this rule shall
				  include, in addition to those materials specified in Iowa Code section 17A.
				  12(6), the notice of appeal, all evidence received or considered and all other
				  submissions, including the verbatim record of the hearing.
This rule is intended to implement Iowa Code section
				  17A.12.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 96 - Information and Records › Rule 441-96.1 - Access to Information and Records From Other Sources

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to statutes and other rules, the following
				  entities shall provide information and records based on the following methods
				  of requesting the information and within the following time frame:
(1)
Oral or written request.
All persons and entities, including all for-profit, nonprofit, and governmental
				employers, shall, within 15 days of receipt of a request, provide the child
				support recovery unit or a child support agency of another state information on
				the employment, compensation, and benefits of any individual employed by the
				person or entity as an employee or contractor if the unit or agency is
				providing services in relation to that individual. The request may be made
				orally, by letter, by form or by other written request listed in subrule
				96.1(3); however, the fine and procedures described in rules
				441-96.2 (252B) to
				441-96.6(252B) only apply if the request was by a written request listed in
				subrule 96.1(3).
(2)
Subpoena.
All persons and entities shall comply with a Child
				Support Recovery Unit Subpoena, Form 470-3413, issued by the child support
				recovery unit, or an Administrative Subpoena, OMB Control # 0970-0152, or its
				successor, issued by the unit or a child support agency of another state, as
				provided in Iowa Code section
				252B.9. The child support
				recovery unit or a child support agency of another state may issue a subpoena
				regarding more than one individual. The person or entity shall provide the
				information and records as directed in Form 470-3413 or the Administrative
				Subpoena.
(3)
Time to reply
				to a written request.
A person or entity who is sent any of the
				following shall provide the information and records requested in the manner
				requested to the child support recovery unit or child support agency of another
				state, as appropriate, within 15 days of the date of the request.
a. Form 470-0177M, Employment and Health
				Insurance Questionnaire, or other forms as specified in appropriate rules from
				the child support recovery unit which request information described at subrule
				96.1(1).
b. Form 470-3413, Child
				Support Recovery Unit Subpoena, or an Administrative Subpoena, OMB Control #
				0970-0152, or its successor, as provided at subrule 96.1(2), from the child
				support recovery unit.
c. A written
				request or form as provided at subrule 96.1(1) from a child support agency of
				another state.
d. An Administrative
				Subpoena, OMB Control # 0970-0152, or its successor, as provided at subrule
				96.1(2), from a child support agency of another state.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 96 - Information and Records › Rule 441-96.2 - Refusal to Comply With Written Request or Subpoena

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A parent or putative father in a support
				or paternity proceeding in which the child support recovery unit or a child
				support agency of another state is providing services who fails to comply with
				a request or subpoena as provided in subrule 96.1(3) shall be subject to
				license sanctioning as provided in 441-Chapter 98, Division VIII.
(2) An entity or a person who is not a parent
				or putative father as described in subrule 96.2(1) may refuse to comply under
				the circumstances provided in rule
				441-96.3
				(252B).
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 96 - Information and Records › Rule 441-96.3 - Procedure for Refusal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
No
				information.
A person or entity who does not have any information or
				records requested or subpoenaed shall respond as follows:
a. If the request or subpoena is a form from
				the child support recovery unit under paragraph 96.1(3)
"a"
or
"b,"
the person or entity shall sign and return to the unit
				the appropriate portion of the form indicating the lack of information or
				records.
b. If the request or
				subpoena is one listed in paragraphs 96.1(3)
"c"
or
"d,"
the person or entity shall send the child support agency
				of the other state a signed and dated written statement indicating the lack of
				information or records.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 96 - Information and Records › Rule 441-96.4 - Conference Conducted

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Request or subpoena issued by CSRU.
If the child support
				recovery unit issued the request or subpoena, the unit shall notify the person
				or entity and conduct a conference within ten days of receipt of the request
				for a conference. At the request of either the unit or the person or entity,
				the conference may be rescheduled one time. The conference may be conducted in
				person or by telephone.
(2)
Request or subpoena issued by other state.
If a conference
				with the child support recovery unit is requested based upon a request or
				subpoena issued by a child support agency of another state, the bureau chief,
				as defined at rule
				441-95.1 (252B),
				shall request that agency send an interstate referral and appropriate
				information to the unit or central registry.
a. The child support recovery unit shall
				notify the person or entity and conduct a conference within ten days of opening
				a case based upon an interstate referral and appropriate information. If the
				child support recovery unit does not receive an interstate referral and
				appropriate information within 60 days of the bureau chief's request, the
				request or subpoena received under subrule 96.1(3) shall be void, and the child
				support recovery unit shall notify the person or entity it is void.
b. The voiding of a request or subpoena under
				this subrule shall not prevent the issuance of subsequent requests or
				subpoenas.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 96 - Information and Records › Rule 441-96.5 - Fine Assessed

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Conditions resulting in fine.
The child support recovery unit
				shall assess a fine of $100 per refusal and notify the person or entity of the
				fine if any one of the following applies:
a.
				Ten days have passed since the unit issued a notice under subrule 96.4(4)
				stating the unit determined there is no good cause to refuse to comply with the
				request or subpoena, and the information or records have not been
				received.
b. Fifteen days have
				passed since the child support recovery unit issued the request or subpoena and
				the information or records have not been received, nor has the person or entity
				filed a request for a conference.
c. Fifteen days have passed since a child
				support agency of another state has issued the request or subpoena, and that
				agency sends an interstate referral to the child support recovery unit
				requesting enforcement of the request or subpoena because the information or
				records were not received.
Iowa Administrative Code › Agency 441 - Human Services Department › Title X - Support Recovery › Chapter 96 - Information and Records › Rule 441-96.6 - Objection to Fine or Failure to Pay

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Objection filed.
The
				person or entity may object to the imposition of the fine by filing an
				application for judicial review in district court within 30 days of issuance of
				the notice of the fine, and sending a copy of the application to the child
				support recovery unit.
(2)
Petition to compel.
If the person or entity fails to pay the
				fine imposed, and does not file an application for judicial review within the
				time provided in this rule, the child support recovery unit may file a petition
				to compel the person or entity to comply with the request, subpoena or fine in
				district court in the county in which the underlying support order or pending
				matter is filed. If there is no support order or pending matter filed in
				district court in Iowa, then the unit may file the petition in the county in
				which the person resides, or the person or entity has its principal place of
				business.
(3)
Certification
				to court.
If the person, entity, or the child support recovery unit
				files an action in district court, the unit shall certify a copy of the
				following, as appropriate, to the court prior to a hearing:
a. Proof of service of the request or
				subpoena.
b. Proof of service of
				the notice of assessment of a fine.
c. Written decision following a
				conference.