38-2323. Placement under juvenile justice code; assignment of support right.
38-2323
38-2323. Placement under juvenile justice code;assignment of support right.(a) In any case in which the commissioner pays for theexpenses of care and custody of ajuvenile pursuant to the code, anassignment of all past, presentand future support rights of the juvenile in custody possessed by eitherparent or other personentitled to receive support payments for the juvenile is, by operation of law,conveyed to thecommissioner. Such assignment shall become effective upon placement of ajuvenile in thecustody of the commissioner or upon payment of the expenses of care and custodyof a juvenileby the commissioner without the requirement that any document be signed by theparent or otherperson entitled to receive support payments for the juvenile. When thecommissioner pays forthe expenses of care and custody of a juvenile or a juvenile is placed in thecustody of thecommissioner, the parent or other person entitled to receive support paymentsfor the juvenile isalso deemed to have appointed the commissioner, or the commissioner's designee,as attorney infact to perform the specific act of negotiating and endorsing all drafts,checks, money orders orother negotiable instruments representing support payments received by thecommissioner onbehalf of the juvenile. This limited power of attorney shall be effective fromthe date theassignment to support rights becomes effective and shall remain in effect untilthe assignment ofsupport rights has been terminated in full.
(b) If an assignment of support rights is deemed to have been made pursuantto subsection (a),support payments shall be made to the juvenile justice authority.
(c) If a court has ordered support payments to be made to an applicant foror recipient offinancial assistance or other person whose support rights are assigned, thecommissioner shallfile a notice of the assignment with the court ordering the payments withoutthe requirement thata copy of the notice be provided to the obligee or obligor. The notice shallnot require thesignature of the applicant, recipient or obligee on any accompanying assignmentdocument. Thenotice shall include:
(1) A statement that the assignment is in effect;
(2) the name of any juvenile and the caretaker or other adult for whomsupport has been orderedby the court;
(3) the number of the case in which support was ordered; and
(4) a request that the payments ordered be made to the commissioner ofjuvenile justice.
(d) Upon receipt of the notice and without the requirement of a hearing ororder, the court shallforward all support payments, including those made as a result of anygarnishment, contempt,attachment, income withholding, income assignment or release of lien process,to thecommissioner until the court receives notification of the termination of theassignment.
(e) If the claim of the commissioner for repayment of the costs of careand custody of a juvenileunder the revised Kansas juvenile justice code is not satisfied when such aidis discontinued, thecommissioner shall file a notice of partial termination of assignment ofsupport rights with thecourt which will preserve the assignment in regard to unpaid support rightswhich were due andowing at the time of the discontinuance of such aid. A copy of the notice ofthe partialtermination of the assignment need not be provided to the obligee or obligor.The notice shallinclude:
(1) A statement that the assignment has been partially terminated;
(2) the name of any juvenile and the caretaker or other adult for whomsupport has been orderedby the court;
(3) the number of the case in which support was ordered; and
(4) the date the assignment was partially terminated.
(f) Upon receipt of the notice and without the requirement of a hearing ororder, the court shallforward to the commissioner all payments made to satisfy support arrearages dueand owing as ofthe date the assignment of support rights was partially terminated until thecourt receivesnotification of the termination of the assignment.
(g) If the commissioner or the commissioner's designee has a notice ofassignment of supportrights pursuant to subsection (c) or a notice of partial termination ofassignment of support rightspursuant to subsection (e) on file with the court ordering support payments,the commissionershall be considered a necessary party in interest concerning any legal actionto enforce, modify,settle, satisfy or discharge an assigned support obligation and, as such, shallbe given notice bythe party filing such action in accordance with the rules of civil procedure.
(h) Upon written notification by the commissioner's designee that assignedsupport has beencollected pursuant to K.S.A. 44-718 or 75-6201 et seq., andamendments thereto, or section 464of title IV, part D, of the federal social security act, or any other method ofdirect payment to thecommissioner, the clerk of the court or other record keeper where the supportorder wasestablished, shall enter the amounts collected by the commissioner in thecourt's payment ledgeror other record to insure that the obligor is credited for the amountscollected.
(i) An assignment of support rights pursuant to subsection (a) shallremain in full force andeffect so long as the commissioner is providing public assistance in accordancewith a plan underwhich federal moneys are expended on behalf of the juvenile for the expensesof a juvenile inthe commissioner's care or custody pursuant to the code. Upon discontinuance ofall such assistance and support enforcement services, theassignment shallremain in effect as to unpaid support obligations due and owing at the time ofthe discontinuanceof assistance until the claim of the commissioner for repayment of theunreimbursed portion ofany assistance is satisfied. Nothing herein shall affect or limit the rights ofthe commissionerunder an assignment of rights to payment for medical care from a third partypursuant to K.S.A.40-2,161, and amendments thereto.
History: L. 2006, ch. 169, § 23; Jan. 1, 2007.