By: Rosson, Carriker, West S.B. No. 229
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the administration of a statewide plan for child
1-2 support by the attorney general's office.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subdivision (4), Section 14.80, Family Code, is
1-5 amended to read as follows:
1-6 (4) "Child support services" means administrative or
1-7 court actions to:
1-8 (A) establish paternity, establish, modify, or
1-9 enforce child support or medical support obligations;
1-10 (B) locate absent parents; or
1-11 (C) cooperate with other states in these
1-12 actions, and any other action authorized or <as> required under
1-13 Part D of Title IV of the federal Social Security Act (42 U.S.C.
1-14 Section 651 et seq.) or Chapter 76, Human Resources Code.
1-15 SECTION 2. Subchapter D, Chapter 14, Family Code, is amended
1-16 by adding Sections 14.801 through 14.809 to read as follows:
1-17 Sec. 14.801. ADMINISTRATIVE PROCEDURE AND TEXAS REGISTER ACT
1-18 NOT APPLICABLE. The child support review process provided for in
1-19 this subchapter is not governed by the Administrative Procedure and
1-20 Texas Register Act (Article 6252-13a, Vernon's Texas Civil
1-21 Statutes).
1-22 Sec. 14.802. CHILD SUPPORT REVIEW PROCESS: PURPOSE; GENERAL
1-23 PROVISIONS. (a) The purpose of the child support review process
1-24 authorized by this subchapter is to provide child support agencies
2-1 an opportunity to resolve child support actions through negotiation
2-2 and by agreement of the parties. To the greatest extent permitted
2-3 by this subchapter child support agencies shall make the child
2-4 support review process understandable to all parties and shall
2-5 encourage agreement through mediation.
2-6 (b) An administrative action under this subchapter may be
2-7 initiated by a child support agency by the issuance of a notice of
2-8 child support review under Section 14.803 of this code.
2-9 (c) A child support agency may issue an administrative
2-10 subpoena to a parent or to a person presumed or alleged to be the
2-11 father of a child for whom support is sought or to any individual
2-12 or organization believed to have information concerning the
2-13 financial resources of the parent or presumed or alleged father of
2-14 a child for whom support is sought in a child support review under
2-15 this subchapter.
2-16 (d) "Child support review officer" means an individual
2-17 designated by a child support agency to conduct reviews under this
2-18 subchapter who has received certified family law mediation
2-19 training.
2-20 (e) To determine the appropriate amount of child support, a
2-21 child support agency shall use any information obtained by the
2-22 child support agency through a child support review or any other
2-23 source in applying the child support guidelines in this code. If
2-24 the child support agency determines that the support amount in an
2-25 existing child support order is not in substantial compliance with
2-26 the guidelines, the child support agency shall issue an appropriate
2-27 child support review order, including a review order which has the
3-1 effect of modifying an existing order for child support
3-2 notwithstanding the provisions of Section 14.08 of this code
3-3 without the necessity of filing a motion to modify.
3-4 (f) A notice required under this subchapter must be
3-5 delivered or served by first class mail or certified mail on each
3-6 party entitled to citation or notice under Section 11.09 of this
3-7 code.
3-8 (g) If notice is served by mail in a child support review
3-9 under this subchapter, three days must be added to both the time in
3-10 which the person is required to respond and the time by which the
3-11 person is entitled to notification of a negotiation conference.
3-12 (h) All notices and other forms required to implement the
3-13 child support review process shall be printed in both Spanish and
3-14 English. In the event that a party participating in a negotiation
3-15 conference conducted pursuant to Section 14.804 of this code does
3-16 not speak English or is hearing impaired, the child support agency
3-17 shall provide for interpreter services at no charge to the parties.
3-18 Sec. 14.803. NOTICE OF CHILD SUPPORT REVIEW; ASSESSMENT OF
3-19 FINANCIAL RESOURCES. (a) A child support agency may review and
3-20 assess the financial resources of the child's parents or of a
3-21 person presumed or alleged to be the child's father from whom child
3-22 support is sought to determine the resources that are available for
3-23 the support of the child and to determine what action is
3-24 appropriate. The child support agency shall notify the parents and
3-25 the presumed or alleged father of a child support review by
3-26 delivering to each person a notice of child support review.
3-27 (b) The notice of child support review must:
4-1 (1) describe the procedure for a child support review;
4-2 (2) inform the recipient that the recipient need not
4-3 participate in the child support review but may request a court
4-4 hearing and may be represented by legal counsel during the review
4-5 process or at any court hearings;
4-6 (3) inform the recipient that the recipient may stop
4-7 participating in the child support review during any stage of the
4-8 review but that the review will continue to completion and that if
4-9 a child support review order is issued any recipient may request a
4-10 court hearing;
4-11 (4) include an affidavit of financial resources; and
4-12 (5) include a request that the recipient designate, on
4-13 a form provided by the child support agency, an address for mailing
4-14 any additional notice to the recipient.
4-15 (c) In addition to the information required by Subsection
4-16 (b) of this section, the notice of child support review must inform
4-17 the recipient that:
4-18 (1) the requested information must be returned to the
4-19 child support agency not later than the 15th day after the date the
4-20 notice is delivered or served; and
4-21 (2) if the requested information is not returned as
4-22 required, the child support agency:
4-23 (A) may proceed with the review using any
4-24 information that is available to the agency; and
4-25 (B) may file a legal action without further
4-26 notice to the recipient, except as otherwise required by law.
4-27 Sec. 14.804. NEGOTIATION CONFERENCE. (a) A person who
5-1 receives a notice of child support review and who completes an
5-2 affidavit of financial resources may request, at the time the
5-3 affidavit of financial resources is returned, a negotiation
5-4 conference in an effort to reach an agreement. The child support
5-5 agency may schedule a negotiation conference even though no party
5-6 requested one.
5-7 (b) A negotiation conference under this section shall be
5-8 held not later than the 45th day after the date all notices of
5-9 child support review were sent to the parties to the action.
5-10 (c) All parties entitled to notice of the negotiation
5-11 conference shall be notified of the date, time, and place of the
5-12 negotiation conference not later than the 10th day before the date
5-13 of the negotiation conference.
5-14 (d) A negotiation conference may be rescheduled on the
5-15 request of any party and all parties must be given timely notice of
5-16 such rescheduling. All parties shall be sent notice not later than
5-17 the third day before the date of the rescheduled negotiation
5-18 conference.
5-19 (e) At the beginning of the negotiation conference the
5-20 review officer shall inform all parties in attendance that:
5-21 (1) the purpose of the negotiation conference is to
5-22 attempt to reach an agreement regarding child support payments;
5-23 (2) the parties do not have to participate in the
5-24 negotiation conference and may request a court hearing;
5-25 (3) the parties may be represented by an attorney of
5-26 their choosing at the negotiation conference or at any court
5-27 hearing;
6-1 (4) the parties may stop participating in the
6-2 negotiation conference at any time but the child support review
6-3 will continue until completed, and, if a child support review order
6-4 is issued, the parties may request a court hearing;
6-5 (5) if the parties reach an agreement the review
6-6 officer will prepare an agreed review order for their signatures;
6-7 (6) the parties do not have to sign any review order
6-8 prepared by the review officer; and
6-9 (7) if the parties sign an agreed review order they
6-10 may later change their minds and request a court hearing at any
6-11 time before a court confirms the child support review order.
6-12 (f) For the purposes of this subchapter, any written
6-13 affidavits, written findings, and the child support review order
6-14 that results from a negotiation conference are a sufficient record
6-15 of the proceedings. A child support agency is not required to make
6-16 any other record or transcript of the negotiation conference.
6-17 (g) If a negotiation conference results in an agreement by
6-18 all parties, a child support review order must be signed by all
6-19 parties to the action, and the order must contain:
6-20 (1) a waiver by each party of the right to service and
6-21 of the right to a court hearing and the making of a record;
6-22 (2) the mailing address of each party; and
6-23 (3) the following statement printed on the order in
6-24 boldfaced type or in all capital letters:
6-25 "I KNOW THAT I DO NOT HAVE TO SIGN THIS AGREED CHILD
6-26 SUPPORT REVIEW ORDER. I KNOW THAT I HAVE A RIGHT TO
6-27 HAVE A COURT HEAR EVIDENCE AND MAKE A DECISION IN THIS
7-1 MATTER BUT IF I SIGN THIS ORDER, I LOSE THAT RIGHT. I
7-2 KNOW THAT I HAVE A RIGHT TO CHANGE MY MIND AND WITHDRAW
7-3 MY AGREEMENT TO THE TERMS OF THIS ORDER AND REQUEST
7-4 THAT A COURT DECIDE THIS MATTER BY FILING A REQUEST FOR
7-5 COURT HEARING AT ANY TIME BEFORE THE 20TH DAY AFTER THE
7-6 DATE THAT THE PETITION FOR CONFIRMATION OF THE ORDER IS
7-7 FILED WITH THE CLERK OF THE COURT. I KNOW THAT IF I
7-8 FAIL TO FILE A REQUEST FOR A COURT HEARING THAT A COURT
7-9 MAY CONFIRM AND APPROVE THIS ORDER AND IT WILL BECOME A
7-10 VALID COURT ORDER. I KNOW THAT IF I DO NOT OBEY THE
7-11 TERMS OF THIS ORDER THAT I MAY BE HELD IN CONTEMPT OF
7-12 COURT."
7-13 (h) If the negotiation conference does not result in an
7-14 agreed child support review order, not later than the fifth day
7-15 after the date of the negotiation conference, the review officer
7-16 shall issue and sign a final decision in the form of a child
7-17 support review order unless the review officer provides specific
7-18 reasons why a child support review order cannot be issued.
7-19 (i) On the day that a child support review order is issued
7-20 or if a determination is made that no child support review order
7-21 will be issued, each party to a child support review proceeding
7-22 shall be furnished by hand delivery or by mail a copy of the order
7-23 or the notice of determination that no order will be issued.
7-24 (j) A finding by the review officer that a child support
7-25 review order is not appropriate does not affect the right of the
7-26 child support agency or any other party to proceed in any manner
7-27 provided by law.
8-1 (k) The review officer may vacate a child support review
8-2 order on the officer's own motion any time before the order is
8-3 filed with the court. A new negotiation conference, with notice to
8-4 all parties, shall be scheduled to take place not later than the
8-5 10th day after the date the child support review order was vacated.
8-6 Sec. 14.805. CONTENTS OF CHILD SUPPORT REVIEW ORDER. A
8-7 child support review order under this subchapter must contain all
8-8 provisions that are appropriate for an order under this title. A
8-9 child support review order may contain other provisions for the
8-10 establishment, modification, or enforcement of a child support or
8-11 medical support order and for the establishment of paternity. A
8-12 child support review order providing for the enforcement of an
8-13 order may not contain a provision which imposes incarceration or a
8-14 fine or contains a finding of contempt.
8-15 Sec. 14.806. PETITION FOR CONFIRMATION OF CHILD SUPPORT
8-16 REVIEW ORDER; DUTIES OF CLERK OF COURT. (a) The child support
8-17 agency shall file any petition of confirmation with the clerk of
8-18 the court having continuing jurisdiction of the child who is the
8-19 subject of the order. If no court has continuing jurisdiction, the
8-20 child support agency shall file the petition for confirmation with
8-21 the clerk of a court having jurisdiction under this title.
8-22 (b) A petition for confirmation must include as attachments
8-23 to the petition the final child support review order and a form for
8-24 a party to use to request a court hearing. Each affidavit of
8-25 financial resources that was completed by a party to the order and
8-26 any other documentary evidence relied on by the child support
8-27 agency, including a verified written report of a paternity testing
9-1 expert concerning the results of paternity testing conducted in the
9-2 case or a statement of paternity, shall be filed with the clerk as
9-3 exhibits for the petition. The petition must identify the exhibits
9-4 that are filed with the clerk.
9-5 (c) On the filing of a petition under this section, the
9-6 clerk of the court shall endorse on the petition the date and time
9-7 that the petition is filed and sign the endorsement. If the
9-8 petition is for an original action, the clerk shall endorse the
9-9 appropriate court and cause number on the petition. If the
9-10 petition is to confirm an agreed child support review order under
9-11 this subchapter, the clerk shall mail to each party, at the address
9-12 shown on the order, a copy of the petition and written notice of
9-13 the filing of the petition stating the court and cause number of
9-14 the case. The clerk shall note on the docket that the notice was
9-15 mailed. If the petition is to confirm an order other than an
9-16 agreed order, the clerk shall issue service of citation, including
9-17 a copy of the petition and the child support review order, to each
9-18 party entitled to service.
9-19 (d) A clerk of the court is entitled to collect a fee for
9-20 the filing of a petition under this section as provided by Section
9-21 51.317(b)(1), Government Code, a fee for the issuance of notice or
9-22 process as provided by Section 51.317(b)(4), Government Code, and a
9-23 fee for service of notice or citation as provided by Section
9-24 51.319(4), Government Code, or as otherwise provided by law.
9-25 (e) In addition to attaching a copy of a form to request a
9-26 court hearing to each party's copy of the petition for confirmation
9-27 of child support review order, the child support agency shall make
10-1 available to the clerk of court and, on request, shall make
10-2 available to a party to the child support review proceeding a form
10-3 to request a court hearing. The clerk shall furnish the form to a
10-4 party to a proceeding under this section on the request of the
10-5 party. A court shall consider any responsive pleading filed under
10-6 this section that is intended as an objection to confirmation of a
10-7 child support review order, including a general denial, as a
10-8 request for court hearing.
10-9 Sec. 14.807. CONFIRMATION OF CHILD SUPPORT REVIEW ORDER.
10-10 (a) All proceedings resulting from a child support review shall be
10-11 referred by the court to the master appointed under this
10-12 subchapter, or, if no such master has been appointed, the judge of
10-13 the court shall preside over such proceedings.
10-14 (b) Not later than the 30th day after the date a petition
10-15 for confirmation of an agreed child support review order is filed,
10-16 the court shall confirm the terms and provisions of the order by
10-17 signing a confirmation order unless a request for court hearing is
10-18 timely filed or the court sets a hearing as provided by Subsection
10-19 (d) of this section.
10-20 (c) Not later than the 30th day after the date of service on
10-21 the last party to be served with citation of a petition for
10-22 confirmation for a child support review order other than an agreed
10-23 child support review order, the court shall confirm the terms and
10-24 provisions of the order by signing a confirmation order unless a
10-25 request for court hearing is timely filed or the court sets a
10-26 hearing as provided by Subsection (d) of this section.
10-27 (d) If the court finds that confirmation of a child support
11-1 review order without a hearing would not be in the best interest of
11-2 a child who is the subject of the order, the court may stay
11-3 confirmation of the order and schedule a hearing. The order
11-4 setting the hearing on the confirmation of the order must state the
11-5 court's specific reasons for conducting the hearing.
11-6 (e) A party may file a request for court hearing not later
11-7 than the 20th day after the date the petition for confirmation of
11-8 an agreed child support review order is filed or, if the petition
11-9 is to confirm an order other than an agreed order, not later than
11-10 the Monday following the 20th day after the date the party received
11-11 service of citation.
11-12 (f) On the timely filing of a request for court hearing, all
11-13 issues in the child support review order shall be heard in a de
11-14 novo hearing before the court. The petition for confirmation and
11-15 the child support review order constitute a sufficient pleading for
11-16 relief on any issue addressed in the petition and order.
11-17 (g) A court shall hold a hearing on the confirmation of a
11-18 child support review order not later than the 30th day after the
11-19 date the court determines that a hearing should be held or a party
11-20 files a request for court hearing.
11-21 (h) After the hearing on the confirmation of a child support
11-22 review order, the court shall:
11-23 (1) if the court finds that the order should be
11-24 confirmed, immediately sign a confirmation order and render the
11-25 order as an order of the court;
11-26 (2) if the court finds that the relief granted in the
11-27 child support review order is inappropriate, sign an appropriate
12-1 order at the conclusion of the hearing or as soon after the
12-2 conclusion of the hearing as is practical and render the order as
12-3 an order of the court; or
12-4 (3) if the court finds that all relief should be
12-5 denied, render an order that denies relief and includes specific
12-6 findings explaining the reasons that relief is denied.
12-7 (i) On the signing of a confirmation order by the judge of
12-8 the court, the child support review order becomes a final judgment
12-9 of the court.
12-10 Sec. 14.808. SPECIAL CHILD SUPPORT REVIEW PROCEDURES
12-11 RELATING TO ESTABLISHMENT OF PATERNITY. (a) If the paternity of a
12-12 child has not been established by court order, the notice of child
12-13 support review served on the parties must include an allegation
12-14 that the alleged father is the biological father of the child. The
12-15 notice shall inform the parties that the alleged father of the
12-16 child may sign a statement of paternity and that any party may
12-17 request that scientifically accepted paternity testing be conducted
12-18 to assist in determining whether the alleged father is the child's
12-19 biological father.
12-20 (b) A negotiation conference shall be conducted to resolve
12-21 any issues of support in an action in which all parties agree that
12-22 the alleged father is the child's biological father.
12-23 (c) If a party denies that the alleged father is the child's
12-24 biological father or, in the case of a presumed father, if either
12-25 party files a verified denial of paternity, the child support
12-26 agency may schedule paternity testing.
12-27 (d) If paternity testing does not exclude the alleged father
13-1 from being the child's biological father and a party continues to
13-2 deny that the alleged father is the child's biological father, the
13-3 child support agency may schedule a negotiation conference as
13-4 provided by this subchapter. If the results of a verified written
13-5 report of a paternity testing expert meet the requirements of
13-6 Section 13.04 of this code for issuing a temporary order, the child
13-7 support agency may issue a child support review order.
13-8 (e) If the results of paternity testing exclude the alleged
13-9 or presumed father from being the biological father of the child,
13-10 the child support agency shall issue a child support review order
13-11 that declares that the alleged or presumed father is not the father
13-12 of the child. Any party may file a petition for confirmation of a
13-13 child support review order issued under this subsection.
13-14 Sec. 14.809. EXPIRATION. Sections 14.801 through 14.809 of
13-15 this subchapter expire September 1, 1997.
13-16 SECTION 3. Sections 14.871, 14.872, 14.873, 14.874, 14.875,
13-17 and 14.876, Family Code, are repealed.
13-18 SECTION 4. (a) This Act takes effect January 1, 1994.
13-19 (b) This Act applies to a suit or notice of child support
13-20 review filed or administrative proceeding initiated on or after the
13-21 effective date of this Act. A suit or notice of child support
13-22 review filed or administrative proceeding initiated before the
13-23 effective date is governed by the law in effect on that date, and
13-24 the former law is continued in effect for that purpose.
13-25 SECTION 5. The importance of this legislation and the
13-26 crowded condition of the calendars in both houses create an
13-27 emergency and an imperative public necessity that the
14-1 constitutional rule requiring bills to be read on three several
14-2 days in each house be suspended, and this rule is hereby suspended.