SB 716 — Relating to child support

WESTSB716 VIRGINIAHFA LEGISLATUREBurkhammer REGULAR3-7 SESSION#1CR Committee3338Delegate SubstituteBurkhammer formoved Senateto Billamend 716the Bybill Senatoron Trumppage [Originating1, inafter the Committeeenacting onclause by inserting the Judiciary;following:

reported"CHAPTER February9. 9, 2024] CS for SB 716 A BILL to amend and reenact §48-13-302 of the Code of West Virginia, 1931, as amended;

toHUMAN amendSERVICES. and reenact §48-17-102 of said code;

andARTICLE to9. amend and reenact §49-4-801 of said code, all relating to child support generally;

reconfiguringWV theWORKS WestACT. Virginia Child Support Enforcement Commission;

authorizing§9-9-9. temporary stay of basic child support obligation under certain circumstances;

clarifyingPersonal circuitresponsibility judge'scontract. authority to limit child support obligation under certain limited circumstances;

and(a)(1) establishingEvery aeligible protocoladult tobeneficiary assistand circuitwork courtseligible individual shall participate in determininga theprogram appropriateorientation, childfamily supportassessments obligationand in childthe abusedevelopment, and neglectsubsequent matters.revisions, of a personal responsibility contract.

BeThe itcontract enactedshall bybe defined based on the Legislatureprogram time limits, support services available, work requirements and family assessments.(2) The participant's contract shall include the following requirements:(A) That the participant develop and maintain, with the appropriate health care provider, a schedule of Westpreventive Virginia:care for his or her dependent child or children, including routine examinations and immunizations;(B) Assurance of school attendance for school-age children under his or her care;(C) Assurance of properly supervised child care, including after-school care;(D) Establishment of paternity or active pursuit of child support, or both, if applicable and if considered necessary:

CHAPTERand 48.Provided, That any person seeking benefits who is acting as a kinship or other relative placement is not required to seek child support for the child or children on whose behalf these benefits are sought:

DOMESTICProvided, RELATIONS.however, That nothing in this section prevents the Department of Human Services or a person providing a kinship or other relative placement from seeking child support for children placed in a kinship or other relative placement;

ARTICLEand(E) 13.Nutrition or other counseling, parenting or family-planning classes.(3) If the participant is a teenage parent, he or she may work, but the contract shall include the requirements that the participant:(A) Remain in an educational activity to complete high school, obtain a general equivalency diploma or obtain vocational training and make satisfactory scholastic progress;(B) Attend parenting classes or participate in a mentorship program, or both, if appropriate;

GUIDELINESand(C) FORLive CHILDat SUPPORThome AWARDS.with his or her parent or guardian or in some other adult-supervised arrangements if he or she is an unemancipated minor.(4) If the participant is under the age of twenty years and does not have a high school diploma or its equivalent, the contract shall include requirements to participate in mandatory education or training which, if the participant is unemployed, may include a return to high school, with satisfactory scholastic progress required.(b) In order to receive cash assistance, the participant shall enter into a personal responsibility contract.

PartIf III.the participant refuses to sign the personal responsibility contract, the participant and family members are ineligible to receive cash assistance:

BasicProvided, ChildThat Supporta Order.participant who alleges that the terms of a personal responsibility contract are inappropriate based on his or her individual circumstances may request and shall be provided a fair and impartial hearing in accordance with administrative procedures established by the department and due process of law.

§48-13-302.A participant who signs a personal responsibility contract or complies with a personal responsibility contract does not waive his or her right to request and receive a hearing under this subsection.(c) Personal responsibility contracts shall be drafted by the department on a case-by-case basis;

Incometake belowinto consideration the tableindividual forcircumstances determiningof basiceach childbeneficiary; support obligations.

Ifreviewed combinedand adjustedreevaluated grossperiodically, incomebut isnot belowless fivethan hundred fifty dollars $550 per month, which is the lowest amount of income considered in the table of monthly basic child support obligations set forth in subsection (a) of this section §48-13-301 of this code, the basic child support obligation shall be set at fifty $0 per month or a discretionary amount determined by the court based on thean resourcesannual andbasis; living expenses of the parents and the number of children due support.

ARTICLEand, 17.in the discretion of the department, amended on a periodic basis.      AdoptedRejected

WEST VIRGINIA SUPPORT ENFORCEMENT COMMISSION.

§48-17-102.

Appointment of members of Support Enforcement Commission;

qualifications and eligibility.

Support Enforcement Commission;

make up;

qualifications.

(a) Of the nine members of the commission, seven members are to be appointed by the Governor:

Provided, That no more than five members of the commission may belong to the same political party.

1 CS for SB 716 (1) One member is to be a lawyer licensed by, and in good standing with, the West Virginia State Bar, with at least five years of professional experience in domestic relations law and the establishment and enforcement of support obligations;

(2) One member is to be a person experienced as a public administrator in the supervision and regulation of a governmental agency;

(3) One member is to be an employer experienced in withholding support payments from the earnings of obligors;

(4) One member is to be a practicing family court judge, as an ex officio member, who will serve in an advisory capacity, without compensation or voting rights;

and (5) Three members are to be representatives of the public at large, with at least one being an obligor and one being an obligee.

(b) One member is to be the Commissioner of the Bureau for Children and Families, or his or her designee.

(c) The Commissioner of the Bureau for Child Support Enforcement, or his or her designee, is an ex officio nonvoting member of the commission.

(d) Each member of the commission is to be a citizen of the United States, a resident of the State of West Virginia and at least twenty-one years of age.

(a) The commission created by the provisions of §48-17-101 of this code shall be comprised of eight members.

Four of the members shall be appointed by the Governor, of which, no more than two members may be of the same political party.

The gubernatorial appointees shall consist of;

(1) A lawyer licensed to practice in the State of West Virginia with at least five years of professional experience in West Virginia domestic relations law, determination of child support obligations, and the enforcement thereof.