SPONSOR: |
Rep.
Heffernan & Rep. Bentz & Sen. Hall-Long |
|
Reps. Baumbach, Briggs King,
Jaques, Kowalko, Outten, Paradee, D. Short, Viola; Sen. Ennis, Henry, Hocker,
Richardson |
HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
HOUSE BILL NO. 331 |
AN ACT TO AMEND TITLES 7, 10, 13, 16, 21, 29, 30, AND 31 OF THE DELAWARE CODE RELATING TO CHILD SUPPORT. |
Section 1. Amend Title 7, § 512(d) of the Delaware Code by making deletions as
shown and strike through and insertions as shown by underline as follows:
§ 512 Refusal to sell and revocation of
license; grounds; notice.
(d) The
provisions of § 516(g) and § 2216 of Title 13 shall supersede any provisions of
this chapter to the contrary with respect to any matter involving any applicant
or licensee under § 516(g) or § 2216 of Title 13. Any provisions hereof to the
contrary notwithstanding, upon receipt of notification from the Family Court pursuant
to § 516(g) of Title 13 or notice from the Director of the Division of Child
Support Enforcement Services pursuant to § 2216 of Title 13
regarding an applicant or licensee, the Department shall:
Section 2. Amend Title
10, § 921(13) of the Delaware Code by making deletions as shown and strike through and
insertions as shown by underline as follows:
§ 921 Exclusive original civil
jurisdiction.
The Court shall have exclusive original
civil jurisdiction in all proceedings in this State concerning:
(13) Actions concerning appeals from
administrative decisions of the Division of Child Support Enforcement Services,
in accordance with the Delaware Administrative Procedures Act, Chapter 101 of
Title 29;
Section 3. Amend Title 10, § 1031(4) of the Delaware Code by making deletions as shown and strike through and
insertions as shown by underline as follows:
§ 1031
Disposition.
(4) Order a
person under a duty to do so to pay through the Court or the Bureau Division
of Child Support Enforcement Services or directly to the
spouse/ex-spouse or to the custodian of the child reasonable support for the
spouse and/or child. And in such cases as the Court may deem appropriate enter
an order of final judgment as to any past due support which judgment shall not
be subject to subsequent modification by the Court;
Section 4. Amend Title 13, § 401 of the
Delaware Code by making deletions as shown and strike through and insertions as
shown by underline as follows:
§ 401 Purpose and construction;
definitions; remedies additional to existing remedies.
(b) As
used in this chapter:
(4) "Agency" means the Bureau Division
of Child Support Enforcement Services of this State and, when the
context requires, means either the court or agency of any other jurisdiction
with functions similar to those defined in this chapter, including the issuance
and enforcement of support orders.
Section 5. Amend Title 13, § 402 of the
Delaware Code by making deletions as shown and strike through and insertions as
shown by underline as follows:
§ 402 Initiation of income withholding;
cooperation with other jurisdictions.
On behalf
of any client for whom the Bureau Division of Child Support Enforcement
Services is already providing services, or on application of a resident
of this State, an obligee or obligor of a support order issued by this State,
or an agency to whom the obligee has assigned support rights, the Bureau
Division shall promptly request the agency of another jurisdiction in
which the obligor of a support order derives income to enter the order for the
purpose of obtaining income withholding against such income. The Bureau Division
shall compile and transmit promptly to the agency of the other jurisdiction all
documentation required to enter a support order for this purpose. The Bureau
Division also shall transmit immediately to the agency of the other
jurisdiction a certified copy of any subsequent modifications of the support
order. If the Bureau Division receives notice that the obligor is
contesting income withholding in another jurisdiction, it shall immediately
notify the individual obligee of the date, time and place of the hearings and
of the obligee's right to attend.
Section 6. Amend Title
13, § 403(a) of the Delaware Code by making deletions as shown and strike through and
insertions as shown by underline as follows:
§ 403
Entry of support order of another jurisdiction for income withholding.
(a) Upon
receiving a support order of another jurisdiction with the documentation
specified in subsection (b) of this section from an agency of another
jurisdiction, the Bureau Division of Child Support Enforcement
Services shall file these documents with the Clerk of the Family Court
in which withholding is being sought. The Clerk of the Court shall accept the
documents filed and such acceptance shall constitute entry of the support order
under this chapter.
Section 7. Amend Title
13, § 409(b) of the Delaware Code by making deletions as shown and strike through and
insertions as shown by underline as follows:
§ 409 Changes in original order or jurisdiction.
(b) If the Bureau Division
of Child Support Enforcement Services determines that the obligor
has obtained employment in another state or has a new or additional source of
income in another state, it shall notify the agency which requested the income
withholding of the changes within 5 working days of receiving that information
and shall forward to that agency all information it has or can obtain with
respect to the obligor's new address and the name and address of the obligor's
new employer or other source of income. The Bureau Division shall
include with the notice a certified copy of the income withholding order in
effect in this State.
Section 8. Amend Title
13, § 513 of
the Delaware Code by making deletions as shown and strike through and insertions
as shown by underline as follows:
§ 513 Judgment;
order of support; other terms.
(a) Where the duty of support has been determined
to exist, the court may:
(1) Order the defendant to pay a certain sum
periodically into the Division of Child Support Enforcement Services
or directly to a dependent, his or her guardian, custodian or trustee, for a
dependent's support for so long as the obligation of support shall exist;
(2) Order the defendant to pay a specific total
amount into the Division of Child Support Enforcement Services or
directly to a dependent, his or her guardian, custodian or trustee, in a lump
sum or in such stated periodic amounts as the court deems proper;
(4) Order the defendant to elect health insurance
coverage for a child available through the defendant's employment, otherwise
available at reasonable cost as defined in § 401(b)(11) of this title or to pay
directly the cost of health insurance coverage for a child; provided, however,
that any new or modified order entered in any case brought under Title IV-D of
the Social Security Act (42 U.S.C. § 651 et seq.) shall require either or both
parents to provide health insurance coverage for the child or children who are
the subjects of the child support; and provided, further, that in any case
brought under Title IV-D of the Social Security Act [42 U.S.C. § 651 et seq.]
in which a parent is ordered to provide health care coverage for a child
through an employment-related group health plan, the Division of Child Support Enforcement
Services shall issue the National Medical Support Notice required by
Title IV-D of the Social Security Act [42 U.S.C. § 651 et seq.] and federal
regulations promulgated pursuant thereto, and the Division shall promptly
notify the employer when there is no longer a current order for medical support
in effect for which the Division is responsible;
a. In any case in which a parent is required by
court or administrative order to provide health insurance coverage for a child
and the parent is eligible for family health coverage through an employer doing
business in this State, such employer shall:
2. If
such a parent is enrolled but fails to make application to obtain coverage of
such child, enroll such child under such family coverage upon application by
the child's other parent, the Division of Child Support Enforcement Services
or Division of Social Services. The court or administrative order providing for
enrollment of the child shall constitute the application for enrollment.
4. Where
an obligor has been ordered to provide health insurance coverage for a child in
a case enforced pursuant to Title IV-D of the Social Security Act (42 U.S.C. §
651 et seq.), receipt by an employer or successive employer of a National
Medical Support Notice or other notice from the court or the Division of Child
Support Enforcement Services of an order of a court or
administrative agency requiring the obligor to provide health insurance
coverage shall operate to enroll the child in the obligor's health insurance
plan without regard to any enrollment season restrictions. The obligor may
contest the notice by filing a petition in opposition thereto in the Family
Court not later than 10 days after issuance of the notice. The petition in
opposition may be based only on mistake of fact. Filing of a petition in
opposition shall not relieve the employer of any duties under the notice, order
or National Medical Support Notice until such time as the employer receives
notice that the contest has been resolved. The Court or the Division of Child
Support Enforcement Services shall send a copy of the notice to
the obligor at the same time it sends notice to the employer.
b. An order for health insurance coverage shall
operate as an assignment of all benefit rights to the obligee or to the child's
health services provider, and in any claim against the coverage provider or
insurer, the obligee or the obligee's assignee shall be subrogated to the
rights of the obligor. Notwithstanding the provisions of this paragraph
regarding assignment of benefits, this paragraph shall not require a health
service contractor or a health maintenance organization to deviate from their
contractual provisions and restrictions regarding reimbursement for covered
services. If the coverage is terminated, the employer shall mail a notice of
termination to the Division of Child Support Enforcement Services,
or the obligee at the obligee's last known address, within 30 days of the
termination date.
c. If an obligor fails to pay the required portion
of any deductible under the health insurance coverage or fails to pay the
required portion of medical expenses incurred in excess of the coverage
provided under the plan, the obligee or the Division of Child Support Enforcement
Services in cases brought under Part D of Title IV of the federal Social
Security Act [42 U.S.C. § 651 et seq.] may enforce collection of the obligor's
portion of the deductible or the additional medical expenses through an
appropriate order under this section, including attachment of the obligor's
income. The amount of the deductible or additional medical expenses shall be
added to the obligor's child support obligation and be collectible as provided
by law if the obligor's share of the amount of the deductible or additional
expenses is reduced to a sum certain in a court order.
d. Receipt of a National Medical Support Notice or
an order for the enforcement of a medical support obligation shall require an
obligor's employer to:
1. Answer
the Division of Child Support Enforcement Services or the
obligee, as directed, within 20 days and confirm that the child:
4. If
more than 1 plan is offered by the employer or health insurer, and each plan
may be extended to cover the child, enroll the child in the obligor's plan. If
the obligor's plan does not provide coverage which is accessible to the child,
the child shall be enrolled in the least expensive plan otherwise available to
the obligor. When the plan administrator reports that there is more than 1
option available under the plan, the Division of Child Support Enforcement
Services, in consultation with the obligee, must promptly select from
available plan options.
5. Provide
information to the Division of Child Support Enforcement Services
or the obligee, as directed, about the name of the health care provider or the
insurer and the extent of the coverage available and make available to such
party any necessary claim forms or enrollment membership cards.
b. A
written agreement is reached between both parties which provides for an
alternative arrangement. As used herein, "written agreement" means a
written alternative arrangement signed by both parents, or by the obligor and a
representative of the Division of Child Support Enforcement Services
in cases brought under Part D of Title IV of the federal Social Security Act
[42 U.S.C. § 651 et seq.] in which there is an assignment of support rights to
the State, and reviewed and entered in the record by the court or
administrative authority.
(4)a. In all
cases brought under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651
et seq.), a copy of the Court's income withholding order shall be issued to the
Division of Child Support Enforcement Services and shall be
served by the Division by first class mail upon the obligor's employer, and any
successive employer, and such service shall be as effectual for all purposes as
if served by the court.
(8) Upon
receipt of a certified copy of income withholding from the court or copy from
the Division of Child Support Enforcement Services, the employer
shall deduct the specified sum, which may include a fee, established by the
State, to be paid to the employer, unless waived by the employer, from the
income due the obligor-employee and shall, at or before the time the
obligor-employee is paid, mail or otherwise deliver the said deduction for
support to the Division of Child Support Enforcement Services or
the obligee, as directed, and pay the health insurance premium amount deducted
directly to the health insurer, and shall continue to do so for so long as the
obligor remains in the employer's employ or until the court orders otherwise;
provided, however, that when an employer receives an income withholding order
issued by another state, the employer shall apply the law of the state of the obligor's
principal place of employment in determining the factors enumerated in § 411(d)
of this title. The withholding shall be effective with regard to any payment by
the employer to the obligor after a reasonable time to give effect to the
withholding, but in no event shall such withholding be delayed more than 7 days
after the first pay-day following receipt of the wage attachment. In every
case, the remittance shall be by check or money order payable as directed and
the remittance shall specify the obligor-employee's name and Social Security
number. In the event the employer is withholding from more than 1 employee, and
the payee is the Division of Child Support Enforcement Services,
payment for the total amount may be remitted by a single check. Upon the
termination of the obligor's employment, the employer shall notify the court,
or the Division of Child Support Enforcement Services if the
order of income withholding or National Medical Support Notice was served by
the Division, of said termination and shall provide the court, or the Division
if the order of income withholding or National Medical Support Notice was
served by the Division, with the obligor-employee's last known address, along
with the name and address of the obligor's future employer, if known. If the
obligor contests such withholding, the employer must initiate withholding until
such time as the employer receives notice that the contest is resolved.
(9) Upon receipt of the certified copy of the order
of income withholding from the court or from the Division of Child Support Enforcement
Services by certified mail, the employer becomes primarily liable for
the payment of the obligations for support and medical support set forth in
such order, as well as such criminal and civil sanctions as the court may
impose in the event that the employer fails to comply with the terms of such
income attachment and is found to be in contempt by the court.
(12) The
Division of Child Support Enforcement Services is designated as
the State Income Withholding Agency. The Division shall distribute all amounts
received promptly in accordance with § 457 of the Social Security Act (42
U.S.C. § 657) and shall allocate amounts received when there is more than 1
obligee in accordance with rules promulgated by the federal Department of
Health and Human Services.
(c)(4) After receipt by the Division of
Child Support Enforcement Services of a copy of an order of child
support as set forth in paragraph (c)(1) of this section made payable through
the Division, the Division shall promptly record all payments received and
apply said payments to installment or payment amounts due and owing by the
obligor in accordance with regulations promulgated by the federal Department of
Health and Human Services. The Division may establish administrative procedures
to make technical corrections in the Division's accounting records. With regard
to any order of child support made payable through the Division, the Division's
records shall be presumptive of the payment or nonpayment of each installment
payment.
(f) Each party to a support order shall
report any change in his or her current residential address, driver's license
number, telephone number, employer, employer's address and employer's telephone
number to the Family Court, and to the Division of Child Support Enforcement
Services in any case enforced by the Division pursuant to Title IV-D of
the Social Security Act (42 U.S.C. § 651 et seq.), within 5 days of when the
change occurs. Notice for purposes of enforcing or modifying a child support
order shall mean:
(2) Upon a
showing of diligent efforts to locate a party, mailed notice to the last known
employment address provided to the Family Court by the party; provided,
however, that where the respondent is a IV-D client as defined by regulation of
the Secretary of the Department of Health and Social Services, the Division of
Child Support Enforcement Services shall be the appropriate agent
for the receipt of any such notice.
(g) Upon
receipt of a written request, or a request by other electronic means where
available, from the Director of the Division of Child Support Enforcement
Services in any case enforced by the Division pursuant to Title IV-D of
the Social Security Act (42 U.S.C. Sec. 651, et seq.), any employer, as that
term is defined in paragraph (b)(6) of this section, and any labor
organization, as that term is defined in § 710 of Title 19, shall cooperate
with and provide relevant employment and income information in the possession
of such employer or labor organization to the Director or the Director's
designee for the purpose of establishing, modifying or enforcing a child
support order. Relevant employment and income information includes: Whether a
named person has or has not been employed by an employer or whether a named person
has or has not been employed to the knowledge of the labor organization; the
full name of the employee or member; the employee's or member's last known
address; the employee's or member's date of birth; the employee's or member's
social security number; all income, as that term is defined in paragraph (b)(5)
of this section, paid to the employee or member in the prior and current
calendar year and the employee's or member's current rate of pay; and whether
dependent health insurance coverage is available to the employee or member
through employment or membership in the labor organization, together with
information about the name of the health care insurer and the extent of the
coverage available.
(2) Any
employer or labor organization which fails or refuses to provide the
information described in this subsection within 30 days after receipt of a
request from the Director of the Division of Child Support Enforcement Services
or as otherwise provided in such request shall be punished by a fine of not less
than $100 nor more than $500. For a second or subsequent offense, such employer
or labor organization shall be fined not less than $500 nor more than $1,000. A
fine under this section may not be suspended. If the employer or labor
organization is a corporation, criminal liability shall be established pursuant
to §§ 281-284 of Title 11.
Section 9. Amend Title
13, § 516 of
the Delaware Code by making deletions as shown and strike through and
insertions as shown by underline as follows:
§ 516 Violation of support order for
spouse or child; proceedings; contempt; assignment of income; employer's
duties.
(d) The
Court or the Division of Child Support Enforcement Services shall
notify the Department of Health and Social Services of any arrearage of support
payments due from a defendant in order that the Department may proceed to set
off said arrearage pursuant to §§ 1205-1209 [repealed] of Title 30 against any
refund of personal income taxes to which said defendant may be entitled.
(g) Upon
a finding by the Court that an obligor owes $1,000 or more in arrears or
retroactive support and is 30 or more days delinquent in payment of the child
support order, in addition to any other orders, the Court may order the
suspension of the obligor's license, as that term is defined in § 2216 of this
title. Such an order shall also render the obligor ineligible for the issuance
or renewal of any such license.
In all
cases administered under Title IV-D of the Social Security Act (42 U.S.C. § 651
et seq.), the Court shall forward such Order to the Director of the Division of
Child Support Enforcement Services to be carried out pursuant to
section 2216(g) of this title. In all other instances, the Court shall notify
the Director of the Division of Motor Vehicles, the Director of the Division of
Revenue, the Director of the Division of Fish and Wildlife and/or the Director
of the Division of Professional Regulation of the denial or suspension of a
license pursuant to this subsection. Such notification may be made
electronically, by computer or by such other means as the Court and the
Director of the Division of Motor Vehicles, the Director of the Division of
Revenue, the Director of the Division of Fish and Wildlife and the Director of
the Division of Professional Regulation may agree, and such notification shall
constitute sufficient authority for the denial or suspension of any license.
(h) Notwithstanding any contrary
provision of this chapter or Chapter 22 of this title, the Court may, in a
pending proceeding related to child support, order the removal of any or all
restrictions on licensed privileges proposed or imposed related to a failure to
pay child support, and without regard to whether the suspension or revocation
was a result of the action of the Court or the Division of Child Support Enforcement
Services where the removal of such restrictions is in the best interests
of the child or children) and the parties as it relates to the ability of the
obligor to meet the obligor's parental obligations. The Court shall establish
rebuttable standards in consultation with the Division of Child Support Enforcement
Services to insure the uniform and equitable application of the license
suspension program.
Section 10. Amend
Title 13, § 6-103(b) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§ 6-103 State tribunal and support
enforcement agency.
(b) The
Division of Child Support Enforcement Services is the support
enforcement agency of this State.
Section 11. Amend Title
13, § 6-310(a) of the Delaware Code by making deletions as shown and strike through and
insertions as shown by underline as follows:
§ 6-310 Duties of state information
agency.
(a) The
Division of Child Support Enforcement Services is the state
information agency under this chapter.
Section 12. Amend
Title 13, § 6-703 of the Delaware Code by making deletions as shown and strike
through and insertions as shown by underline as follows:
§ 6-703 Relationship of Division of Child
Support Enforcement Services to United States central authority.
The
Division of Child Support Enforcement Services of this State is
recognized as the agency designated by the United States central authority to
perform specific functions under the Convention.
Section 13. Amend
Title 13, § 6-704 of the Delaware Code by making deletions as shown and strike
through and insertions as shown by underline as follows:
§ 6-704 Initiation by Division of Child
Support Enforcement Services of support proceeding under Convention.
(a) In
a support proceeding under this subchapter, the Division of Child Support Enforcement
Services of this State shall:
Section 14. Amend
Title 13, § 8-312
of the
Delaware Code by making deletions as shown and strike through and insertions as
shown by underline as follows:
§ 8-312 Forms for acknowledgement and
denial of paternity.
(a) To facilitate compliance with
this subchapter, the Division of Child Support Enforcement Services
shall prescribe forms for the acknowledgment of paternity and the denial of
paternity.
Section 15. Amend
Title 13, § 8-313
of the
Delaware Code by making deletions as shown and strike through and insertions as
shown by underline as follows:
§ 8-313 Release of information.
The Division of Child Support Enforcement
Services may release information relating to the acknowledgment of paternity or denial of
paternity to a signatory of the acknowledgment or denial and to courts and
agencies authorized by other law of this State or another state to receive the
information of this or another state.
Section 16. Amend
Title 13, § 8-314
of the
Delaware Code by making deletions as shown and strike through and insertions as
shown by underline as follows:
§ 8-314 Adoption of rules.
The Division of Child Support Enforcement
Services may adopt rules to implement this subchapter.
Section 17. Amend
Title 13, Chapter 22 of the Delaware Code by making deletions as shown and strike
through and insertions as shown by underline as follows:
§ 2201 Designation of Title IV-D agency.
The
Division of Child Support Enforcement Services is hereby
established within the Department of Health and Social Services. Said Division
shall constitute the IV-D agency authorized under Title IV-D of the Social
Security Act (42 U.S.C. § 651 et seq.). In addition to the powers and duties
described in this chapter, the Division of Child Support Enforcement Services
shall have the power to perform and be responsible for the performance of all
duties and functions heretofore vested in the Division of Child Support
Enforcement under § 7930 of Title 29 [repealed] and the Bureau of Child Support
Enforcement pursuant to Executive Order No. 76, dated June 30, 1975.
§ 2202 Powers and duties.
The
Division of Child Support Enforcement Services may:
§ 2203 Title IV-D services.
(a) The
Division of Child Support Enforcement Services may provide all
services required or authorized by Title IV-D of the Social Security Act (42
U.S.C. § 651 et seq.), including parent locator services, determination of
paternity, establishment of child support and medical support obligations,
review and adjustment of child support orders, enforcement of child support,
spousal support and medical support orders, and collection and disbursement of
child support payments.
(b) The
Division of Child Support Enforcement Services may enter into
agreements or contracts with federal, state or other public or private entities
or individuals for the purpose of carrying out its duties and responsibilities
under federal and state law.
§ 2204 Support payments.
(a) In
compliance with federal and state law, the Division of Child Support Enforcement
Services is authorized to receive and disburse support payments made on
behalf of each obligee who is a recipient of public assistance, who signs an
application to the Division for child support services pursuant to Title IV-D
of the Social Security Act (42 U.S.C. § 651 et seq.), or who receives child
support pursuant to an income withholding order issued by the Court or Division
pursuant to § 513 of this title.
(c) A child support obligor shall have
no right of reimbursement from the Division of Child Support Enforcement
Services for any child support payment received and disbursed by the
Division to an obligee who is not a recipient of public assistance.
§ 2204A Disbursement of support payments.
(a) The
Division of Child Support Enforcement Services may establish a
process to transfer support payments electronically to an account designated by
the obligee of the support order or to an alternate account that can be
accessed by the obligee through an electronic access card. The electronic
transfer of support payments shall begin when the Department of Health and
Social Services certifies all necessary steps in the process are established
and complete.
§ 2205 Administrative authority.
(a) In
all cases enforced under Title IV-D of the Social Security Act (42 U.S.C. § 651
et seq.), the Division of Child Support Enforcement Services is
authorized to take the following actions for the purpose of establishing
paternity or establishing, modifying or enforcing a support order, without the
necessity of obtaining a Court order:
(c) If
any individual, private company, institution or other entity fails to comply
with an administrative subpoena issued by the Division of Child Support Enforcement
Services, the Division may compel compliance with said subpoena by
filing a motion to compel in the Family Court, which shall have jurisdiction to
hear such actions. The Family Court may order costs, attorney's fees and/or a
civil fine not to exceed $1,000 if the motion to compel is granted.
(d) Upon
request, the Division of Child Support Enforcement Services shall
make available information, as provided in this section, for use by federal and
state agencies conducting activities pursuant to Title IV-D of the Social
Security Act (42 U.S. C. § 651 et seq.).
(e) Information
obtained by the Division of Child Support Enforcement Services
under this section shall be used only for purposes related to the child support
program administered pursuant to Title IV-D of the Social Security Act (42
U.S.C. § 651 et seq.).
§ 2206 Confidentiality of records.
(b) The Division of Child Support Enforcement
Services may use or release information from the files and records for
purposes directly connected with the administration of the child support
program, including the release of information to other state agencies operated
pursuant to Title IV-D of the Social Security Act. The Division may also
release information from its files and records to a consumer reporting agency
in accordance with § 2217 of this title.
§ 2207 Enforcement by the Division of
Child Support Enforcement Services.
The
Division of Child Support Enforcement Services is hereby
authorized to initiate enforcement of any child or spousal support order issued
by a Court or administrative agency of this or any other state or jurisdiction
that is being enforced pursuant to Title IV, Part D, of the Social Security Act
(42 U.S.C. § 651 et seq.). Said enforcement shall include, but not be limited
to, income withholding initiated pursuant to § 513 of this title;
administratively adding an amount to be paid toward arrears in addition to any
current support amount ordered; demand letters; initiation of contempt
proceedings; use of state and federal income tax refund intercept programs; use
of attachment, levy and garnishment; use of a private collection agency or
contractor; and any other civil remedy available for the enforcement of
judgments or for the enforcement of support orders.
§ 2208 State Directory of New Hires.
(a) General.
— There is hereby established within the Division of Child Support Enforcement
Services an automated directory (to be known as the "State
Directory of New Hires") which shall contain information supplied by
employers pursuant to § 1154(h) of Title 30.
(c) Information comparisons. —
The State Directory of New Hires shall, directly or by contract, conduct
automated comparisons of the social security numbers reported by employers
pursuant to § 1156A of Title 30 and the social security numbers appearing in
the records of the State case registry. When an information comparison reveals
a match with respect to the social security number of an individual required to
provide support under a support order, the State Directory of New Hires shall
provide the Division of Child Support Enforcement Services with
the name, address and social security number of the employee to whom the social
security number is assigned, the date services for remuneration were first
performed by the employee, and the name, address and identifying number
assigned under § 6109 of the Internal Revenue Code of 1986 (26 U.S.C. § 6109)
to the employer.
(e) Uses
of new hire information. — The State Directory of New Hires shall make the
specified information available to the following entities for the purposes
described below.
(1) The State Directory of New Hires shall provide
information derived from the comparison conducted pursuant to subsection (c) of
this section to the Division of Child Support Enforcement Services,
which shall use the information to locate individuals for purposes of
establishing paternity and establishing, modifying and enforcing child support
obligations.
§ 2210 Administrative enforcement in
interstate cases.
(a) The
Division of Child Support Enforcement Services may request the
child support agency of a state or jurisdiction outside of Delaware established
pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), to
enforce a child or spousal support order entered by a tribunal in Delaware or
in another state or jurisdiction. Such a request shall constitute a
certification by the Division of the amount of arrears and retroactive support,
of the existence of a child support lien, and of compliance with all procedural
due process requirements applicable to the case.
(b) The
Division of Child Support Enforcement Services may request the
child support agency of a state or jurisdiction outside of Delaware established
pursuant to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.) to
enforce and recognize a child support lien. Such a request shall constitute a
certification by the Division of the amount of arrears, and retroactive support
of the existence of a child support lien, and of compliance with all procedural
due process requirements applicable to the case.
(c) The
Division of Child Support Enforcement Services shall establish
procedures to respond to a request for enforcement from a child support agency
of a state or jurisdiction outside of Delaware established pursuant to Title
IV-D of the Social Security Act (42 U.S.C. § 651 et seq.), without the
necessity of registering the order or lien with the Court. Such a request shall
constitute a certification by the requesting State of the amount of arrears,
and retroactive support of the existence of a child support lien, and of
compliance with all procedural due process requirements applicable to the case.
§ 2211 Maintenance of records.
The
Division of Child Support Enforcement Services shall maintain
such records as may be required by federal and state law.
§ 2212 Financial institution data matches.
(a) The
Division of Child Support Enforcement Services shall enter into
agreements with financial institutions doing business within this State to
develop and operate, in coordination with such financial institutions, a data
match system, using automated data exchanges to the maximum extent feasible, in
which each such financial institution shall:
(b) The Division of Child Support Enforcement
Services shall pay a reasonable fee to a financial institution for
conducting the data match provided for in this subsection, not to exceed the
actual costs incurred by such financial institution.
(c) In
cases where there is a support arrearage and the noncustodial parent is subject
to a child support lien pursuant to § 2215 of this title, the Division of Child
Support Enforcement Services may, without the necessity of
obtaining an order from any other judicial or administrative tribunal, secure
assets in such noncustodial parent's account, less applicable fees and
penalties, to satisfy the arrearage by attaching and seizing such assets of the
obligor held in financial institutions. The Division shall recognize and
enforce the authority of state agencies of other states whereby the Division
will enforce the child support liens on behalf of such state agencies in
accordance with the procedures set forth in this section.
(f) Each
financial institution doing business within this State shall enter into an
agreement with the Division of Child Support Enforcement Services
to develop and operate, in coordination with the Division, the financial
institution data match system described in this section. Those institutions
which are not automated or compatible must identify themselves to the Division
of Child Support Enforcement Services within 180 days of passage
of the legislation. The Division will work with these institutions to develop a
data exchange process that is not unduly burdensome to the institution or the
Division.
(g) A
financial institution shall not be liable under any state law to any person or
government agency for:
(1) Any disclosure of information to the Division
of Child Support Enforcement Services under § 2212 of this title;
or
(2) Encumbering or surrendering any assets held by
such financial institution in response to a notice of lien or levy issued by
the Division of Child Support Enforcement Services as provided in
Title 13; or
§ 2213 Parent locator information from
interstate networks.
(a) The
Division of Child Support Enforcement Services (the
"Division") shall have access to locator information contained in
data systems used by the State for purposes which include, but are not limited
to, motor vehicle and law enforcement.
§ 2214 Collection and use of Social
Security numbers.
(a) The
Division of Child Support Enforcement Services shall have access
to the social security number of:
(d) Upon
request, the Division of Child Support Enforcement Services shall
make available locator information, as provided in subsection (a) of this
section, for use by federal and state agencies conducting activities pursuant
to Title IV-D of the Social Security Act (42 U.S.C. § 651 et seq.). The
Division may respond to a request for information made under this section by
any appropriate method including, but not limited to, paper, facsimile,
telephone, magnetic tape or other electronic means.
(f) The Director of the Division of
Child Support Enforcement Services shall be responsible for the
preparation of policy, procedures, and directives as may be required to
implement this section.
§ 2215
Child support liens.
(g) Where
an obligor has been ordered by the Court to pay child support and owes arrears
or retroactive support in a case enforced by the Division of Child Support Enforcement
Services pursuant to Title IV-D of the Social Security Act (42 U.S.C. §
651, et seq.), the Director of the Division of Child Support Enforcement
Services may:
(6) Cause a lien for arrears or
retroactive support to be perfected against accounts held by a financial
institution by serving a notice of child support lien and notice of levy on
said institution. Within 20 days after the date it receives the notice, the
institution shall satisfy the lien by paying the amount of the lien to the
Director of the D Division of Child Support Enforcement Services,
as payee of the child support order, with any goods, chattels, rights, credits,
money or effects of the obligor in the institution's custody, possession, or
control; and
(i) The
Division of Child Support Enforcement Services shall send timely
written notice to the obligor by first-class mail of action taken to perfect a
child support lien, execute a levy, or seize the property. The notice shall
specify the amount due, the steps to be followed to release the property so
placed under lien, levied upon or seized and the time period within which to
respond to such notice, and shall include the name of the court or
administrative agency which entered the child support order.
(1) The obligor may request an administrative
review by filing a written request with the Division of Child Support Enforcement
Services within 20 days from the date the notice of child support lien
was mailed. If the obligor files a timely written request for an administrative
review, the Division shall conduct the review within a reasonable time of such
request and shall not dispose of the subject property before the review is
complete. The only issues to be addressed at the review hearing are whether the
obligor is the person named in the child support order from which the lien
arises and whether any child support payment or installment is past due. The
records of the Division of Child Support Enforcement Services
shall be presumptive of the amount in arrears and of the obligor's payment
history. Except as otherwise provided herein, all hearings under this section
shall be in accordance with the provision of the Administrative Procedures Act,
Chapter 101 of Title 29.
(j) The
records of the Division of Child Support Enforcement Services,
including records transmitted electronically, shall be presumptive evidence of
the amount of any lien for arrears or retroactive support. Any person, firm or
corporation, including an insurance carrier or a financial institution, who has
received notice of any child support lien shall determine from the Division of
Child Support Enforcement Services the amount of unpaid arrears
or retroactive support owed by the obligor as of the date such party makes any
payment to which a lien under this section attaches.
(k) The
Division of Child Support Enforcement Services may file notice of
a lien or release of a lien or may transmit accounting information regarding an
obligor's arrears and retroactive support by any means, including electronic
means.
(l) Except
as provided in paragraph (l)(2) of this section, a child support lien shall
expire upon the termination of a current child support obligation and payment
in full of any arrears and retroactive support, or upon release of the lien by
the Division of Child Support Enforcement Services in the case of
an order being enforced under Title IV-D of the Social Security Act (42 U.S.C.
§ 651 et seq.), or by the obligee in a non-IV-D case.
(1) When all arrears and retroactive child support
have been paid in full, the Division of Child Support Enforcement Services,
or the obligee in a non-IV-D case, shall enter satisfaction of such lien or
judgment on the record in the office where the same is entered.
(m) In any case where there has been a
refusal or neglect to pay child support, regardless of whether a levy has been
made, the Division of Child Support Enforcement Services, in
addition to any other remedies, may file a civil action to enforce the child
support lien. The filing of a civil action shall not preclude the Division of
Child Support Enforcement Services from enforcing the child
support order through the use of any administrative procedures permitted by
federal or state law.
§ 2216 Driver's, professional,
occupational and business and recreational licenses.
(b) In
order to provide for the denial or suspension of licenses to delinquent child
support obligors, the Director of the Division of Motor Vehicles, the Director
of the Division of Revenue, the Director of the Division of Fish and Wildlife
and the Director of the Division of Professional Regulation shall each enter
into a cooperative agreement with the Director of the Division of Child Support
Enforcement Services to make available or otherwise provide to
the Director of the Division of Child Support Enforcement Services
information regarding any person who applies for or holds a license issued or
renewed by their respective divisions. The specific information and the manner
and frequency with which it is made available or otherwise provided to the Division
of Child Support Enforcement Services shall be as determined by
each cooperative agreement, but such information shall be made available or
otherwise provided at least once each calendar year. Each cooperative agreement
shall be revised as necessary to effectuate the provisions and purposes of this
section. From such information provided by the Division of Motor Vehicles, the
Division of Revenue, the Division of Fish and Wildlife and the Division of
Professional Regulation, the Division of Child Support Enforcement Services,
at such intervals as it determines, may identify such applicants or licensees
who are delinquent child support obligors as described in this section, and
undertake enforcement action pursuant to this section.
(c) Subject
to the notice and hearing provisions of this section, the Director of the
Division of Child Support Enforcement Services may give notice
that a license shall not be issued or renewed by the Division of Motor
Vehicles, the Division of Revenue, the Division of Fish and Wildlife or by any
commission, board or agency under the authority of the Division of Professional
Regulation which is named in § 8735 of Title 29 if:
(1) The applicant is the subject of an outstanding
capias or bench warrant issued by the Family Court for failure to appear at any
paternity or child support proceeding in a case enforced by the Division of
Child Support Enforcement Services pursuant to Title IV-D of the
Social Security Act (42 U.S.C. § 651, et seq.); or
(2) The applicant is under an order of the Family
Court to pay child support in a case enforced by the Division of Child Support Enforcement
Services pursuant to Title IV-D of the Social Security Act (42 U.S.C. §
651, et seq.), owes $1,000.00 or more in arrears or retroactive support, and is
30 or more days delinquent in payment of the support order.
(d) Subject
to the notice and hearing provisions of this section, the Director of the
Division of Child Support Enforcement Services may give notice
that a license issued by the Division of Motor Vehicles, the Division of
Revenue, the Division of Fish and Wildlife or by any commission, board or
agency under the authority of the Division of Professional Regulation which is
named in § 8735 of Title 29 shall be suspended if:
(1) The licensee is the subject of an outstanding
capias or bench warrant issued by the Family Court for failure to appear at any
paternity or child support proceeding in a case enforced by the Division of
Child Support Enforcement Services pursuant to Title IV-D of the
Social Security Act (42 U.S.C. § 651, et seq.); or
(2) The licensee is under an order of the Family
Court to pay child support in a case enforced by the Division of Child Support Enforcement
Services pursuant to Title IV-D of the Social Security Act (42 U.S.C. §
651 et seq.), owes $1,000.00 or more in arrears or retroactive support, and is
30 or more days delinquent in payment of the support order.
(e) The
Director of the Division of Child Support Enforcement Services
shall give written notice of the proposed denial or suspension of a license to
the obligor, together with the amount of arrears or retroactive support and the
date of the last payment on the child support order. The denial or suspension
of the license becomes effective upon final written notice to the obligor from
the Director of the Division of Motor Vehicles, the Director of the Division of
Revenue, the Director of the Division of Fish and Wildlife and/or the Director
of the Division of Professional Regulation unless, within 20 days of the date
the notice of proposed denial or suspension is mailed by the Director of the
Division of Child Support Enforcement Services, the obligor:
(1) Requests in writing an administrative hearing
before the Director of the Division of Child Support Enforcement Services
or the Director's designee;
(4) Consents
to a payment plan acceptable to the Director of the Division of Child Support Enforcement
Services or the Director's designee, and fully complies therewith.
(f) The
Director of the Division of Child Support Enforcement Services or
the Director's designee shall convene a hearing within 30 days after receipt of
the obligor's timely written request, and shall issue a written decision within
5 working days after the hearing. The only issues to be addressed at the
hearing are whether the applicant or licensee is the obligor named in the child
support order; whether the obligor owes $1,000.00 or more in arrears or
retroactive support; and whether the obligor is 30 or more days delinquent in payment
of the child support order. No evidence of the appropriateness of the child
support order or of the obligor's ability to comply shall be received or
considered at the hearing. The records of the Division of Child Support Enforcement
Services shall be presumptive of the amount of arrears or retroactive
child support and of the obligor's payment history.
(g) If
the obligor fails to timely request a hearing or to otherwise timely comply
with the requirements of subsection (e) of this section to avoid denial or
suspension of the license, upon the issuance of a written decision adverse to
the obligor after a hearing, or upon order of the Family Court pursuant to §
516(g) of this title, the Director of the Division of Child Support Enforcement
Services may notify the Director of the Division of Motor Vehicles, the
Director of the Division of Revenue, the Director of the Division of Fish and
Wildlife and/or the Director of the Division of Professional Regulation that
the provisions of this section for denial or suspension of the obligor's
license have been met. Such notification may be made electronically, by
computer or by such other means as the Director of the Division of Child
Support Enforcement Services and the Director of the Division of
Motor Vehicles, the Director of the Division of Revenue, the Director of the
Division of Fish and Wildlife and the Director of the Division of Professional
Regulation may agree, and such notification shall constitute sufficient
authority for the denial or suspension of any license. The Director of the
Division of Motor Vehicles, the Director of the Division of Revenue, the
Director of the Division of Fish and Wildlife and/or the Director of the
Division of Professional Regulation shall forthwith deny the issuance or
renewal of any license, or suspend the same, and so notify the applicant or
licensee in writing. The notice from the Director of the Division of Child
Support Enforcement Services shall be conclusive, and the action
of the Director of the Division of Motor Vehicles, the Director of the Division
of Revenue, the Director of the Division of Fish and Wildlife and/or the
Director of the Division of Professional Regulation in compliance therewith
shall be effective 4 days after the date notice of same is mailed to the
obligor at the address on record at the Division of Motor Vehicles, the
Division of Revenue, the Division of Fish and Wildlife or the Division of
Professional Regulation. The obligor shall remain ineligible for the issuance,
renewal or reinstatement of any license until the obligor obtains from the
Director of the Division of Child Support Enforcement Services or
his or her designee written certification that the grounds for denial or
suspension of a license under this section no longer exist or by order of the
Family Court pursuant to § 516(h) of this title.
(m) The
Director of the Division of Child Support Enforcement Services
may enter into such agreements with the Director of the Division of Motor Vehicles,
the Director of the Division of Revenue, the Director of the Division of Fish
and Wildlife, the Director of the Division of Professional Regulation and such
other agencies as may be appropriate to effectuate the purposes of this
section.
§ 2217 Credit bureau reporting.
Information
regarding the amount of arrearages owed by an obligor shall be reported by the
Division of Child Support Enforcement Services, at such intervals
as it determines, to consumer reporting agencies, as that term is defined in 15
U.S.C. § 1681a(f), or be made available by the Division of Child Support Enforcement
Services to any consumer reporting agency upon request, subject to the
following:
(3) A fee for furnishing the information
in an amount not exceeding the actual cost thereof may be imposed on the
requesting consumer reporting agency by the Division of Child Support Enforcement
Services
§ 2218
Requests for information.
(a) Upon
receipt of a written request or a request by electronic means, where available,
from the Director of the Division of Child Support Enforcement Services
in any case enforced by the Division pursuant to Title IV-D of the Social
Security Act (42 U.S.C. § 651 et seq.), any employer, as that term is defined
in § 513(b)(6) of this title, and any labor organization, as that term is
defined in § 710 of Title 19, shall cooperate with and provide relevant
employment and income information in the possession of such employer or labor
organization to the Director or the Director's designee for the purpose of establishing
paternity or establishing, modifying or enforcing a child support order.
Relevant employment and income information includes: the address of the
employer; whether the named person is a current or past employee or contractor
of the employer, or whether the named person has or has not been employed or
hired as a contractor to the knowledge of the labor organization; the full name
of the employee, contractor or member; the last known residential address of
the employee, contractor or member; the date of birth of the employee,
contractor or member; the social security number of the employee, contractor or
member; all income, as that term is defined in § 513(b)(5) of this title, paid
to the employee, contractor or member in the prior and current calendar year
and the current rate of pay and benefits provided to the employee, member or
contractor; and whether dependent health insurance coverage is available to the
employee or member through employment or membership in the labor organization,
together with information about the name of the health care insurer and the
extent of the coverage available.
(c) Any employer or labor organization
that fails or refuses to provide the information described in this section
within 15 days after receipt of a request from the Director of the Division of
Child Support Enforcement Services or as otherwise provided in
such request shall be punished by a fine of not less than $100 nor more than
$500. For a second or subsequent offense, such employer or labor organization
shall be fined not less than $500 nor more than $1,000. A fine under this
section may not be suspended. If the employer or labor organization is a
corporation, criminal liability shall be established pursuant to §§ 281-284 of
Title 11.
Section 18. Amend
Title 16, § 3110(g) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§ 3110 Disclosure of records.
(g) The
State Registrar of Vital Statistics shall submit a monthly report of all births
to women under 18 years of age to the Division of Child Support Enforcement
Services of the Department of Health and Social Services, and to the
Division of Family Services of the Department of Services for Children, Youth
and Their Families for informational, investigative and/or child support
purposes. The monthly report shall include the name, address, date of birth and
Social Security number of the mother and father, if available, the date of
birth and sex of the child.
Section 19. Amend
Title 16, § 3121(c) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§ 3121 Registration of births.
(c) When a child is born to an unmarried
woman in an institution, the person responsible for completing the birth
certificate, or the person's designated representative, shall:
(1) Provide written information prepared by the
Division of Child Support Enforcement Services to the mother and
the putative father, if he is present, explaining the rights and
responsibilities of acknowledging paternity;
(4) File the signed and notarized acknowledgment
with the Office of Vital Statistics within 10 days after execution. The Office
of Vital Statistics shall send a copy of the acknowledgment to the Division of
Child Support Enforcement Services within 7 days after it
receives the acknowledgment.
Section 20. Amend
Title 16, § 3127 of the Delaware Code by making deletions as shown and strike
through and insertions as shown by underline as follows:
§ 3127 Acknowledgment or establishment of
paternity.
In cases
of acknowledgment or establishment of paternity, the State Registrar, upon
receipt of a court order, an administrative order or a properly executed
acknowledgment of paternity, executed or issued in this State or any other
state, which establishes paternity or creates a presumption of paternity under
the law of the state in which it was executed or issued, shall prepare an
amended or new certificate of birth, as the case may be, consistent with the
document. The fact that the father-and-child relationship was declared after
the child's birth shall not be ascertainable from the amended or new
certificate, but the actual place and date of birth shall be shown. The
evidence upon which the amended or new certificate was made and the original
birth certificate shall be sealed and filed and may be opened only upon court
order or upon application of the Division of Child Support Enforcement Services
certifying that the child for whom information is sought is the subject of a
child support case administered by the Division under Title IV-D of the federal
Social Security Act [42 U.S.C. § 651 et seq.]
Section 21. Amend
Title 21, § 2707(b) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§ 2707
License qualifications.
(b) The
Department shall not issue an operator's or chauffeur's license to any:
(11) Person
who is the subject of an outstanding capias or bench warrant issued by the
Family Court for failure to appear at any paternity or child support
proceeding, or with respect to whom the Department has received notification
from the Family Court as provided in § 516(g) of Title 13, or notice from the
Director of the Division of Child Support Enforcement Services as
provided in § 2216 of Title 13 regarding the denial or suspension of a license
because of such person's child support delinquency.
Section 22. Amend
Title 21, § 2732(d) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§ 2732 Mandatory revocation or suspension
of license or refusal to renew or issue a duplicate license.
(d) Upon
receipt of notification from the Family Court pursuant to § 516(g) of Title 13,
or notice from the Director of the Division of Child Support Enforcement
Services pursuant to § 2216 of Title 13 regarding the suspension of a
license because of such person's child support delinquency, the Department
shall forthwith suspend such person's commercial driver license or license to
operate a motor vehicle. The provisions of §§ 516(g) and 2216 of Title 13 shall
supersede any provisions of this title to the contrary with respect to any
matter relating to the denial or suspension of a license under § 516(g) or §
2216 of Title 13. The Department shall create and maintain a record showing a
suspended driving status for a person whose license is suspended pursuant to
this subsection. A license so suspended shall remain suspended until the person
obtains written certification from the Family Court or the Director of the
Division of Child Support Enforcement Services or the Director's
designee that the grounds for suspension of the license under § 516(g) or §
2216 of Title 13 no longer exist. No occupational license may be issued in any
case in which a license has been suspended pursuant to § 516(g) or § 2216 of
Title 13.
Section 23. Amend
Title 29, § 4838 of the Delaware Code by making deletions as shown and strike
through and insertions as shown by underline as follows:
§ 4838 Delinquent child support.
(a) The
Director of the Division of Child Support Enforcement Services,
Department of Health and Social Services shall enter into a cooperative
agreement with the Director and the operator of each video lottery or
charitable gaming organization facility within this State whereby the Director
of the Division of Child Support Enforcement Services shall
provide information regarding individuals with a qualified child support
obligation for the purpose of satisfying such obligation in part or in whole
with any qualified video lottery prizes won by such individuals. Prior to
awarding any qualified video lottery prize, an operator of a video lottery
facility shall determine if the winner of such prize owes a qualified child
support obligation. In the event that a qualified child support obligation is
owed, such prize shall be reduced by:
(b) The
specific information and the manner and frequency with which it is made
available or otherwise exchanged between the Division of Child Support Enforcement
Services, the Director and each operator of video lottery facility in
this State shall be as determined by each cooperative agreement, but such
cooperative agreement must specify:
(1) That the Division of Child Support Enforcement
Services shall make available or otherwise provide or update information
at least once each calendar month;
(2) That the operator of a video lottery facility
shall make use of automated data exchanges to the maximum extent feasible and
will remit to the Division of Child Support Enforcement Services
those qualified video lottery prizes that offset qualified child support
obligations as set forth in the written agreements;
(3) The procedure by which the operator of a video
lottery facility will remit to the Division of Child Support Enforcement
Services those qualified video lottery prizes that offset qualified
child support obligations;
(4) That the operator of the video lottery facility
will provide the qualified prize winner written notice of the amount withheld
from the qualified video lottery prize and instructions for contesting an
intercept directly to the Division of Child Support Enforcement Services;
and
(c) An
operator of a video lottery facility shall not be liable under any state law to
any person or government agency for:
(1) Any disclosure of information to the Division
of Child Support Enforcement Services under this section; or
Section 24. Amend
Title 29, § 6102(g) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§ 6102 Composition of General Fund;
Delaware Higher Education Loan Program Fund.
(g) All
revenue collected by the Division of Child Support Enforcement Services,
as established under the Social Services Amendments of 1974 (P.L. 93-647, 42
U.S.C. § 651 et seq.) pursuant to its functions under the Division of Child
Support Enforcement Services and Paternity Program, except for an
amount to be specified annually in the budget act as an appropriated special
fund which shall be considered an incentive payment to enable the Division to
increase child support collections, shall be deposited into a special fund account
known as the Delaware Child Support Enforcement Account. The revenue deposited
into the Delaware Child Support Enforcement Account shall not be a part of the
General Fund of the State and shall only be handled in accordance with § 457 of
the Social Services Amendments of 1974 [42 U.S.C. § 657]. Further, such
portions of these funds deposited to the credit of the Delaware Child Support
Enforcement Account, as shall be periodically determined to belong to the
State, shall be deposited to the credit of the General Fund of the State.
Section 25. Amend
Title 29, § 6104(h) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§ 6404 General provisions.
(h) The
General Assembly finds that through a cooperative agreement between the
Division of Child Support Enforcement Services, Department of
Health and Social Services, Family Court of Delaware, and the office of the
Attorney General, the federal government has been reimbursing Family Court and the
office of the Attorney General for general funds disbursed for certain expenses
incurred in the delivery of child support services. This section directs that:
Section 26. Amend
Title 29, § 7903(f) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§ 7903 Powers, duties and functions of the
Secretary
The Secretary may:
(f.) A Director of the Division of
Child Support Enforcement Services, who shall be someone
qualified by training, education, experience or ability to perform the duties
of Director;
Section 27. Amend
Title 29, § 7922(8) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§7922 Exemptions.
The following positions set forth in this
section shall be exempt from Chapter 59 of this title:
(8) Director
of Child Support Enforcement Services;
Section 28. Amend
Title 29, § 7930 of the Delaware Code by making deletions as shown and strike
through and insertions as shown by underline as follows:
§7930
Division of Child Support Enforcement Services
Section 29. Amend
Title 29, § 10161(25) of the Delaware Code by making deletions as shown and
strike through and insertions as shown by underline as follows:
§ 10161
State agencies affected.
(25) Division
of Child Support Enforcement Services;
Section 30. Amend
Title 30, § 2101 of the Delaware Code by making deletions as shown and strike
through and insertions as shown by underline as follows:
§ 2101 General license requirement for
occupations.
No person shall engage in or carry on any
trade or business for which a license is required by this part without first
having obtained a license therefor from the Department of Finance and paid
therefor the fee or tax prescribed in this Part. The provisions of § 516(g) and
§ 2216 of Title 13 shall apply and supersede any license requirements of this
part with respect to matters involving any applicant or licensee under § 516(g)
or § 2216 of Title 13. The Department shall forthwith deny the issuance or
renewal of any license under this Part, or suspend the same, upon receipt of
notification from the Family Court pursuant to § 516(g) of Title 13 or notice
from the Director of the Division of Child Support Enforcement Services
pursuant to § 2216 of Title 13 regarding an applicant or licensee. The Social
Security number of the applicant shall be included on the application for
issuance or renewal of any license under this Part.
Section 31. Amend Title
31, § 504 of
the Delaware Code by making deletions as shown and strike through and
insertions as shown by underline as follows:
§ 504 Assignment and collection of support
payments; powers and duties of Family Court.
(a) Any law of the State to the
contrary notwithstanding, the application and/or receipt of public assistance
under § 503(d) of this title shall act as an automatic and immediate assignment
of all rights of support for the applicant and/or recipient and any dependent
child. Such assignment shall have the full force and effect of law to the State
and shall be collectible by the Bureau Division of Child Support Enforcement
Services. All money collected pursuant to such assignment shall be
deposited directly to the credit of the Child Support Enforcement Account for
distribution in accordance with § 457 of the Social Services Amendments of 1974
[42 U.S.C. § 657].
SYNOPSIS
As a State agency, the Division is responsible for providing services and assistance to any individual seeking help. Having the term “enforcement” in the name of the division deters individuals such as non-custodial parents and members of some cultures from reaching out and seeking assistance. This is for fear that there will be ramifications against them as a result of contacting the agency. The Division in Delaware is moving towards service oriented outreach efforts to underserved populations. The word, “enforcement’ invokes a connotation of a punitive actions rather than serving all populations. This Bill updates the Bureau of Child Support Enforcement and the Division of Child Support Enforcement in sections of the code to the Division of Child Support Services. |