First Regular Session

Sixty-first General Assembly

LLS NO. 97­0286.01 MN HOUSE BILL 97­1151

STATE OF COLORADO

BY REPRESENTATIVE Agler;

also SENATOR Powers.

HEALTH, ENVIRONMENT,

WELFARE & INSTITUTIONS

A BILL FOR AN ACT

CONCERNING FACILITATION OF CHILD SUPPORT ENFORCEMENT EFFORTS BY RECIPIENTS OF PUBLIC ASSISTANCE.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Requires the identification of paternity as a condition of eligibility for aid to families with dependent children or any successor state program funded by temporary assistance for needy families federal block grant dollars.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Legislative declaration. (1)  The general assembly hereby finds and declares that:

(a)  Increasing the role of fathers in the lives of needy children will enhance the likelihood that such children will overcome the adverse effects of poverty;

(b)  Paternity establishment policies augment child support enforcement activities in other states in that they require absent parents to fulfill the financial aspects of their parental duties to their children. As a result, children may be able to benefit materially from sources of financial assistance such as child support, social security income, and other allowances such as those granted to parents serving in the United States armed forces.

(c)  The federal "Personal Responsibility and Work Opportunity Reconciliation Act of 1996", Public Law 104­193, authorizes states to reduce or eliminate assistance under a state program funded by federal block grant moneys for individuals who fail to cooperate in establishing paternity or in establishing, modifying, or enforcing a support order with respect to a child of that individual.

(2)  Therefore, the general assembly finds and declares that paternity establishment should be a condition of receiving certain public assistance.

SECTION 2.  26­2­111 (3), Colorado Revised Statutes, 1989 Repl. Vol., as amended, is amended to read:

26­2­111.  Eligibility for public assistance. (3)  Aid to families with dependent children. (a)  Except as provided in paragraph (c) PARAGRAPH (i) of this subsection (3), public assistance in the form of aid to families with dependent children, OR ANY SUCCESSOR PROGRAM FUNDED BY FEDERAL BLOCK GRANT MONEYS UNDER THE FEDERAL "PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION ACT OF 1996", PUBLIC LAW 104­193, shall be granted to or on behalf of any dependent child who meets the requirements of subsection (1) of this section and is living in a place of residence with relatives as defined in section 26­2­103 (4) (a) or is under foster care under conditions prescribed in section 26­2­103 (4) (b).

(b)  Notwithstanding any provision to the contrary, aid to families with dependent children may be granted under this article, pursuant to rules and regulations of the state department, to any expectant mother beginning with the sixth month of the mother's pregnancy, if a determination has been made that, if said child were born at the time of making application, it would be a dependent child and the pregnancy and the estimated date of delivery have been medically verified.

(c) to (f)  Repealed.

(g) (I)  A person by signing an application for aid to families with dependent children assigns, by operation of law, to the state department, all rights the applicant may have to support from any other person on his OR HER own behalf or on behalf of any other family member for whom application is made. For the purposes of this paragraph (g), the assignment:

(A)  Is effective for both current and accrued support;

(B)  Takes effect upon a determination that the applicant is eligible for aid to families with dependent children; and

(C)  Shall remain in effect with respect to the amounts of any unpaid support obligation accrued under the assignment that was owed prior to the termination of aid to families with dependent children to a recipient.

(II)  The application shall contain a statement explaining this assignment.

(h)  Aid to families with dependent children based on the unemployment of the principal wage earner shall be granted for a period of time which is not to exceed six months in any twelve­month period.

(i)  AN APPLICANT SHALL IDENTIFY THE PARENTS OF THE CHILD FOR WHOM THE ASSISTANCE IS CLAIMED, SUBJECT TO GOOD CAUSE EXEMPTIONS THAT SHALL BE CONSISTENT WITH ANY APPLICABLE FEDERAL LAW AND ESTABLISHED IN RULES OF THE STATE BOARD. AN APPLICANT SHALL COOPERATE IN LOCATING THE PARENT OF A CHILD WITH RESPECT TO WHOM ASSISTANCE IS BEING REQUESTED, IN ESTABLISHING THE PATERNITY OF A CHILD BORN OUT OF WEDLOCK WITH RESPECT TO WHOM ASSISTANCE IS CLAIMED, IN OBTAINING SUPPORT PAYMENTS FOR SUCH APPLICANT OR RECIPIENT AND FOR THE CHILD, AND IN OBTAINING ANY OTHER PAYMENTS OR PROPERTY DUE TO SUCH APPLICANT OR RECIPIENT. FAILURE TO IDENTIFY THE PARENTS OF A CHILD FOR WHOM ASSISTANCE IS CLAIMED OR FAILURE TO COOPERATE IN LOCATING THE PARENT OF SUCH A CHILD, ESTABLISHING THE PATERNITY OF SUCH CHILD, OR OBTAINING SUPPORT PAYMENTS FOR SUCH APPLICANT OR RECIPIENT AND SUCH CHILD SHALL RESULT IN A DENIAL OR TERMINATION OF THE ASSISTANCE.

SECTION 3.  Effective date.  This act shall take effect July 1, 1997.

SECTION 4.  Safety clause.  The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.