ARC 8548C

ARC 8548C

Proposing rulemaking related to child support promoting opportunities for parents program
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on October 30, 2024. A public hearing was held on the following date(s):

●November 19, 2024

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

ITEM 1.Adopt the following new441—Chapter 94:

CHAPTER 94

CHILD SUPPORT PROMOTING OPPORTUNITIES FOR PARENTS PROGRAM

441—94.1(252B) Definitions.

“Assigned support arrearages” means support arrearages for which all rights have been and will remain assigned to the state of Iowa.

“Designated provider” means any project approved in whole or in part by child support services and approved by the department to assist parents in overcoming the barriers that interfere with fulfilling obligations to their children. Each project must have a project plan approved by the department.

“Incentives” means satisfaction of support obligations and bypass of select enforcement tools, such as license sanction, administrative levy, and contempt.

“Participant” means a person who receives services or incentives through a project.

“Periodic support payment” means the total support payment due in each time period in accordance with the established support obligation. If no current support is due, the periodic support payment is equivalent to the last current support amount as would be ordered under 441—Chapter 98.

“Project plan” means the written policies, procedures, eligibility criteria and other components as described at subrule 94.3(2).

441—94.2(252B) Purpose and incentives. Child support services may partner with community providers and resources to offer incentives to participants to assist in overcoming barriers to fulfilling their obligations and to encourage participants’ completion of the project. The available incentives include the following:

94.2(1) Satisfaction of the assigned support arrearages.

a.A participant will be granted a partial satisfaction of the assigned support arrearages that are and that will remain owed by that participant to the state after that participant’s successful completion of the project and payment of that participant’s periodic support payments. Satisfactions granted under this subrule will apply only to those cases for which periodic support payment is credited.

b.Each satisfaction will be an amount equal to a percentage of that participant’s support arrearages, which are and which will remain owed to the state, according to the following schedule:

(1)A one-time satisfaction after six consecutive months from the participant’s completion of the project. The amount of satisfaction will be a percentage based on the amount of periodic support paid on all qualifying cases as follows:

1.When 100 percent of the periodic support is paid, the satisfaction amount will equal 50 percent of the amount owed to the state.

2.When 99 to 80 percent of the periodic support is paid, the satisfaction amount will equal 40 percent of the amount owed to the state.

3.When 79 to 60 percent of the periodic support is paid, the satisfaction amount will equal 30 percent of the amount owed to the state.

4.When 59 to 40 percent of the periodic support is paid, the satisfaction amount will equal 20 percent of the amount owed to the state.

5.When 39 to 20 percent of the periodic support is paid, the satisfaction amount will equal 10 percent of the amount owed to the state.

6.When 19 to 0 percent of the periodic support is paid, the satisfaction amount will equal 0 percent of the amount owed to the state.

(2)A one-time satisfaction after 12 consecutive months from the participant’s completion of the project. The amount of satisfaction will be a percentage based on the amount of periodic support paid on all qualifying cases as follows:

1.When 100 percent of the periodic support is paid, the satisfaction amount will equal 100 percent of the amount owed to the state.

2.When 99 to 80 percent of the periodic support is paid, the satisfaction amount will equal 80 percent of the amount owed to the state.

3.When 79 to 60 percent of the periodic support is paid, the satisfaction amount will equal 60 percent of the amount owed to the state.

4.When 59 to 40 percent of the periodic support is paid, the satisfaction amount will equal 40 percent of the amount owed to the state.

5.When 39 to 20 percent of the periodic support is paid, the satisfaction amount will equal 20 percent of the amount owed to the state.

6.When 19 to 0 percent of the periodic support is paid, the satisfaction amount will equal 0 percent of the amount owed to the state.

c.A participant subject to an income withholding order will be eligible for the satisfaction in this subrule if the sole reason for ineligibility is a disparity between the schedules of the participant’s pay date and the scheduled date the payment is due.

d.A participant will be eligible for a satisfaction under this subrule if the participant is no longer a participant but has continued to pay the participant’s periodic support payment without interruption.

94.2(2) Enforcement processes. Child support services may bypass select enforcement tools if the participant is actively in the project.

441—94.3(252B) Establishment of designated providers. Child support services may initiate a request for project plans to become designated providers.

94.3(1) Contents of a request for project plans. The request for project plans will contain the requirements for contents of the project plan and any other parameter for the specific project being advertised. The request will also contain a deadline by which project plans must be submitted to the department.

94.3(2) Contents of project plans. Each project will have and maintain a project plan. At a minimum, the project plan will contain or address the following:

a.The applicant’s experience and success at integrating collaborations and services essential to the project.

b.The geographic area to be served and community need for projected services.

c.The projected number of participants to be served and the criteria to be used for the selection and termination of participants.

d.The specific parenting curriculum to be used. The curriculum must be well-established, have a track record of use and be field-tested.

e.A description of the components of the curriculum. The components of the curriculum should include personal development, responsible parenting, parenting skills, financial responsibilities, communication skills, and domestic violence prevention.

f.The schedule, location, hours of instruction and format for administering the curriculum.

g.A description of the organization and identification of staff responsible for delivering the curriculum. The staff should have experience in group facilitation and be certified trainers in the curriculum.

h.A clear explanation of how the curriculum and services will be monitored and evaluated, including how the participants will be tracked and what data will be collected.

i.Project duration.

94.3(3) Amendments to project plan. Projects may submit proposed amendments to their project plan in writing to the department. The department will have the option, after review, of approving or disapproving all proposed amendments to the project plan.

441—94.4(252B) Selection of designated providers. The department will have sole authority to select designated providers. The department will select which of the project plans received on or before the deadline date will be granted the status of designated providers. The selection of designated providers will be based upon the content of the project plan and must include the following:

1.Applicant’s experience.

2.Geographic area selected and community need for the project.

3.Participants to be served and criteria to be used to select participants and terminate their participation.

4.The parenting curriculum to be used.

5.A description of the components of the curriculum.

6.The schedule, location, hours of instruction and format for administering the curriculum.

7.A description of the organization and identification of staff.

8.An explanation of monitoring and evaluation.

9.Project duration.

441—94.5(252B) Termination of designated providers. The department may immediately terminate child support services’ participation with a designated provider if the designated provider is not fulfilling the terms of its project plan or the designated provider is not fulfilling the terms for child support services’ participation in the project plan.

441—94.6(252B) Reports and records.

94.6(1) Reports. Designated providers established under these rules must report to child support services at least monthly unless otherwise mandated by the project plan. These reports must include the following:

a.Attendance documentation with the names of participants served.

b.Signed voluntary consent of participants seeking incentives.

c.Certification of participants completing the curriculum.

d.Other information as specified in the project plan.

94.6(2) Records retention. Designated providers must retain all records as necessary to meet the requirements of these rules.

441—94.7(252B) Receipt of incentives. Participants receiving incentives under these rules may continue to receive the incentives after the termination of these rules or after they are no longer participants only under subrule 94.2(1). Subrule 94.2(1) will apply to a participant or former participant for the full time period allowed in that subrule.

441—94.8(17A) Right of appeal. Child support services actions under this chapter are not subject to administrative appeal under 441—Chapter 7.

These rules are intended to implement Iowa Code section 252B.3(5) and chapter 17A.