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Bill Number: 2963 Ratification Number: 778 Act Number 657 Introducing Body: House Subject: Rreimbursement of local entities for costs of child support collection and paternity determination programs
(A657, R778, H2963)
AN ACT TO AMEND SECTION 43-5-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT OF LOCAL ENTITIES FOR COSTS OF CHILD SUPPORT COLLECTION AND PATERNITY DETERMINATION PROGRAMS, SO AS TO REVISE THE PROVISIONS ALLOWING FOR REIMBURSEMENTS FOR COSTS FOR CHILDREN BY PROVIDING REIMBURSEMENT WHEN THE CHILDREN HAVE SOUGHT ASSISTANCE IN SECURING SUPPORT WHETHER OR NOT THEY ARE ELIGIBLE FOR AID TO FAMILIES WITH DEPENDENT CHILDREN AND REGARDLESS OF THE ECONOMIC CIRCUMSTANCES AND PROVIDE FOR PAYMENT OF A FISCAL INCENTIVE TO THE DEPARTMENT FOR COLLECTION AND ENFORCEMENT OF ABSENT PARENT SUPPORT OBLIGATIONS AND REINVESTMENT OF THE INCENTIVE IF IT IS NOT OWED TO A CONTRACTING ENTITY.
Be it enacted by the General Assembly of the State of South Carolina:
Reimbursement; fiscal incentives
SECTION 1. Section 43-5-235(a) of the 1976 Code is amended to read:
"(a) To the extent permitted by federal law, the department is authorized to enter into annual agreements with county governments, circuit solicitors, and the circuit court having jurisdiction in that county to reimburse the appropriate contracting entity for a portion of the cost of developing and implementing a child support collection and paternity determination program for:
(1) securing support for persons receiving state public assistance and reimbursement of medical assistance from the legally responsible spouse or parent of assistance recipients;
(2) establishing paternity of children born out of wedlock who are receiving aid to families with dependent children and to secure support for them;
(3) all children who have sought assistance in securing support whether or not they are eligible for aid to families with dependent children and regardless of the economic circumstances. To the extent permitted by federal law, a fiscal incentive must be paid to the department and provided to counties for collection and enforcement of absent parent support obligations. These monies must be paid to the contracting entity on a monthly basis. Each local entity shall enter into a support enforcement agreement with the department as a condition to receiving the fiscal incentive. To the extent that fiscal incentives are paid to the department and are not owed under the agreement to the contracting entity, these fiscal incentives must be reinvested in the department's Child Support Enforcement Program to increase collections of support at the state and county levels in a manner consistent with the federal laws and regulations governing incentive payments;
(4) enabling the State to increase the monthly amount of direct benefits to recipients of aid to families with dependent children."
SECTION 2. This act takes effect upon approval by the Governor.