Bill Text: OR HB3333 | 2013 | Regular Session | Introduced
Bill Title: Relating to support enforcement services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3333 Detail]
Download: Oregon-2013-HB3333-Introduced.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 2310
House Bill 3333
Sponsored by Representative NATHANSON (at the request of Lane
County District Attorney's Office)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Requires Department of Justice to enter into cooperative
agreement with district attorney that requests assumption of
duties, responsibilities and functions of Division of Child
Support to extent district attorney will provide more effective
and cost-efficient support enforcement services in county.
A BILL FOR AN ACT
Relating to support enforcement services; amending ORS 25.080.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 25.080 is amended to read:
25.080. (1) The following entity is primarily responsible for
providing the support enforcement services described in
subsection (4) of this section when an application as described
in ORS 25.084 is made, or when an assignment of support rights is
made to the state:
(a) The Division of Child Support of the Department of Justice:
(A) If support rights are, or were within the past five months,
assigned to this or another state; or
(B) In any case where arrearage under a support order is
assigned or owed to or the right to recover back support or state
debt is held by this state or another state.
(b) Except as provided in subsection (6) of this section, the
district attorney in cases other than those described in
paragraph (a) of this subsection if an application as described
in ORS 25.084 is made by the obligee, by the obligor, by a person
having physical custody of a minor child or by a child attending
school, as defined in ORS 107.108.
(2) The provisions of this section apply to support enforcement
services for any order or judgment that is or could be entered
under ORS 419B.400 or 419C.590 or ORS chapter 107, 108, 109, 110
or 416. The entity specified in subsection (1) of this section
shall provide the support enforcement services on behalf of the
State of Oregon and not on behalf of any other party or on behalf
of a parent. The Department of Justice shall adopt rules
addressing the provision of support enforcement services when the
purposes of the state in providing those services may be
contradictory in individual cases.
(3) Notwithstanding the division of responsibility for
providing support enforcement services between the Division of
Child Support and the district attorney as described in
subsection (1) of this section, provision of support enforcement
services may not be challenged on the basis that the entity
providing the services in a particular case is not the entity
responsible for the case under subsection (1) of this section.
(4) When responsible for providing support enforcement services
and there is sufficient evidence available to support the action
to be taken, the entity described in subsection (1) of this
section:
(a) Shall establish and enforce any child support obligation;
(b) Shall establish paternity;
(c) Shall enforce spousal support when the obligee is living
with the obligor's child for whom support enforcement services
are being provided and those services are funded in part by
federal moneys;
(d) May enforce any other order or judgment for spousal
support;
(e) Shall, on behalf of the state, initiate and respond to
child support modification proceedings based upon a substantial
change of circumstances;
(f) Shall, on behalf of the state, initiate and respond to
child support modification proceedings based upon a modification
conducted under ORS 25.287 concerning existing child support
orders;
(g) Shall establish and enforce obligations to provide medical
insurance coverage for dependent children;
(h) Shall ensure compliance with the provisions of 42 U.S.C.
651 to 669 and 45 C.F.R. Chapter III as authorized by state law;
(i) Shall carry out the policy of the State of Oregon regarding
child support obligations as expressed in ORS 416.405; and
(j) Shall ensure that child support orders are in compliance
with the formula established by this chapter.
(5) In any proceeding under subsection (4) of this section, the
parties are those described in ORS 416.407.
(6) { + (a) + } The district attorney of any county and the
department may provide by agreement for assumption by the
Division of Child Support of the functions of the district
attorney under subsection (1) of this section or for
redistribution between the district attorney and the Division of
Child Support of all or any portion of the duties,
responsibilities and functions set forth in subsections (1) and
(4) of this section.
{ + (b) Upon request of the district attorney of any county
to assume all or any portion of the duties, responsibilities and
functions of the Division of Child Support under paragraph (a) of
this subsection in the county, the department shall enter into a
cooperative agreement with the requesting district attorney
providing that the district attorney shall assume all or a
portion of the duties, responsibilities and functions of the
Division of Child Support under paragraph (a) of this subsection
to the extent that the district attorney will provide more
effective and cost-efficient support enforcement services. In
determining the support enforcement services that the district
attorney will assume under this paragraph, consideration shall be
given to the extent to which the district attorney will:
(A) Increase collection rates in the county;
(B) Provide more cost-effective and equitable enforcement of
support obligations in the county;
(C) Increase performance incentives;
(D) Perform higher on federal performance measures;
(E) Obtain more successful judicial enforcement outcomes; and
(F) Deliver more effective and cost-efficient support
enforcement services. + }
(7) All county governing bodies and all district attorneys
shall enter into child support cooperative agreements with the
department. The following apply to this subsection:
(a) The agreements shall contain appropriate terms and
conditions sufficient for the state to comply with all child
support enforcement service requirements under federal law; and
(b) If this state loses any federal funds due to the failure of
a county governing body or district attorney to either enter into
an agreement under this subsection or to provide sufficient
support enforcement service, the county shall be liable to the
department for, and the liability shall be limited to, the amount
of money the state determines it lost because of the failure. The
state shall offset the loss from any moneys the state is holding
for or owes the county or from any moneys the state would pay to
the county for any purpose.
(8) The Department of Justice shall enter into an agreement
with the Oregon District Attorneys Association to establish a
position or positions to act as a liaison between the Division of
Child Support and those district attorneys who provide support
enforcement services under this section. The department shall
fund the position or positions. The Oregon District Attorneys
Association shall administer the liaison position or positions
under the agreement. The liaison shall work to:
(a) Enhance the participation and interaction of the district
attorneys in the development and implementation of Child Support
Program policies and services; and
(b) Increase the effectiveness of child support enforcement
services provided by the district attorneys.
(9) The district attorney or the Division of Child Support,
whichever is appropriate, shall provide the services specified in
subsections (1) and (4) of this section to any applicant, but may
in their discretion, upon a determination and notice to the
applicant that the prospect of successful recovery from the
obligor of a portion of the delinquency or future payments is
remote, require payment to the district attorney or the Division
of Child Support of an application fee, in accordance with an
application fee schedule established by rule by the department.
If service performed results in the district attorney or the
Division of Child Support recovering any support enforcement
fees, the fees shall be paid to the applicant in an amount equal
to the amount of the application fee.
(10) An obligee may request the Division of Child Support or a
district attorney to cease all collection efforts if it is
anticipated that physical or emotional harm will be caused to the
parent or caretaker relative or the child for whom support was to
have been paid. The department, by rule, shall set out the
circumstances under which such requests shall be honored.
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