252H.11 - CONCURRENT ACTIONS.
252H.11 CONCURRENT ACTIONS.
This chapter does not prohibit or affect the ability or right of a
parent or the parent's attorney to file a modification action at the
parent's own initiative. If a modification action is filed by a
parent concerning an order for which an action has been initiated but
has not yet been completed by the unit under this chapter, the unit
shall terminate any action initiated under this chapter, subject to
the following:
1. The modification action filed by the parent must address the
same issues as the action initiated under this chapter.
2. If the modification action filed by the parent is subsequently
dismissed before being heard by the court, the unit shall continue
the action previously initiated under subchapter II or III, or
initiate a new action as follows:
a. If the unit previously initiated an action under
subchapter II, and had not issued a notice of decision as required
under section 252H.14A or 252H.16, the unit shall proceed as follows:
(1) If notice of intent to review was served ninety days or less
prior to the date the modification action filed by the parent is
dismissed, the unit shall complete the review and issue the notice of
decision.
(2) If the modification action filed by the parent is dismissed
more than ninety days after the original notice of intent to review
was served, the unit shall serve or issue a new notice of intent to
review and conduct the review.
(3) If the unit initiated a review under section 252H.14A, the
unit may issue the notice of decision.
b. If the unit previously initiated an action under
subchapter II and had issued the notice of decision as required under
section 252H.14A or 252H.16, the unit shall proceed as follows:
(1) If the notice of decision was issued ninety days or less
prior to the date the modification action filed by the parent is
dismissed, the unit shall request, obtain, and verify any new or
different information concerning the financial circumstances of the
parents and issue a revised notice of decision to each parent, or if
applicable, to the parent's attorney.
(2) If the modification action filed by the parent is dismissed
more than ninety days after the date of issuance of the notice of
decision, the unit shall serve or issue a new notice of intent to
review pursuant to section 252H.15 and conduct a review pursuant to
section 252H.16, or conduct a review and serve a new notice of
decision under section 252H.14A.
c. If the unit previously initiated an action under
subchapter III, the unit shall proceed as follows:
(1) If the modification action filed by the parent is dismissed
more than ninety days after the original notice of intent to modify
was served, the unit shall serve a new notice of intent to modify
pursuant to section 252H.19.
(2) If the modification action filed by the parent is dismissed
ninety days or less after the original notice of intent to modify was
served, the unit shall complete the original modification action
initiated by the unit under this subchapter.
(3) Each parent shall be allowed at least twenty days from the
date the administrative modification action is reinstated to request
a court hearing as provided for in section 252H.8.
3. If an action initiated under this chapter is terminated as the
result of a concurrent modification action filed by one of the
parents or the parent's attorney, the unit shall advise each parent,
or if applicable, the parent's attorney, in writing, that the action
has been terminated and the provisions of subsection 2 of this
section for continuing or initiating a new action under this chapter.
The notice shall be issued by regular mail to the last known mailing
address of each parent, or if applicable, each parent's attorney.
4. If an action initiated under this chapter by the unit is
terminated as the result of a concurrent action filed by one of the
parents and is subsequently reinstated because the modification
action filed by the parent is dismissed, the unit shall advise each
parent, or if applicable, each parent's attorney, in writing, that
the unit is continuing the prior administrative adjustment or
modification action. The notice shall be issued by regular mail to
the last known mailing address of each parent, or if applicable, each
parent's attorney. Section History: Recent Form
93 Acts, ch 78, §34; 97 Acts, ch 175, §102; 2007 Acts, ch 218,
§150, 156