Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-756.Support enforcement services available tocertain persons; assignment of support rights; limited power of attorney;continuation ofservices after discontinuance of public assistance; fees for services;distribution of collections; attorneys representing department of socialand rehabilitation services, attorney-client relationship. [See Revisor'sNote](a) (1) The secretary of social and rehabilitation services shallmake support enforcement services required under part D of title IV ofthe federal social security act (42 U.S.C. § 651 et seq.), oractsamendatory thereof or supplemental thereto, and federal regulationspromulgated pursuant thereto, including but not limited to thelocation of parents, the establishment of paternity and the enforcement ofchild support obligations, available to persons not subject to therequirements of K.S.A. 39-709 and amendments thereto and not receivingsupport enforcement services pursuant to subsection (b). Persons whopreviously received public assistance but who are not receiving supportenforcement services pursuant to subsection (b) may apply for or receivesupport enforcement services pursuant to this subsection.
(2) By applying for or receiving support enforcement services pursuantto subsection (a)(1), the applicant or recipient shall be deemed to haveassigned to the secretary on behalf of the state any accrued, present orfuture rights to support from any other person such applicant may have inbehalf of any family member, including the applicant, for whom theapplicant is applying for or receiving support enforcement services. Theassignment shall automatically become effective upon the date ofapplication for or receipt of support enforcement services, whichever isearlier, and shall remain in full force and effect so long as the secretaryprovides support enforcement services on behalf of the applicant, recipientor child. By applying for or receiving support enforcement servicespursuant to subsection (a)(1), the applicant, recipient or obligee is alsodeemed to have appointed the secretary or the secretary's designee as anattorney in fact to perform the specific act of negotiating and endorsingall drafts, checks, money orders or other negotiable instrumentsrepresenting support payments received by the secretary in behalf of anyperson for whom the secretary is providing support enforcement services.This limited power of attorney shall be effective from the date supportrights are assigned and shall remain in effect until the assignment isterminated in full.
(3) Nothing in this subsection shall affect or limit any existingassignment or claim for repayment of any unreimbursed portion of assistancepursuant to K.S.A. 39-709 and amendments thereto or affect or limit anysubsequent assignment of support rights.
(b) (1) Upon discontinuance of all public assistancegiving rise to an assignment of support rights pursuant to K.S.A. 39-709,and amendments thereto,the secretary shall continue to provide all appropriate supportenforcement services required under title IV-D of the federal socialsecurity act for the persons who were receiving assistance, unless therecipient requests that support enforcement services be discontinued.
(2) When support enforcement services are provided pursuant tosubsection (b)(1), the assignment of support rights and limited power ofattorney pursuant to K.S.A. 39-709 and amendments thereto shall remain infull force and effect. When the secretary is no longer providing supportenforcement services related to support obligations accruing after the dateassistance was discontinued, the assignment of support rights shall remainin effect to the extent provided in K.S.A. 39-756a, and amendmentsthereto.
(3) Nothing in this subsection shall affect or limit any existingassignment or claim for repayment of any unreimbursed portion of assistancepursuant to K.S.A. 39-709 and amendments thereto or affect or limit anysubsequent assignment of support rights.
(c) The secretary shall fix by rules and regulations feesfor services rendered pursuant to this section.Such fees shall conform to the requirements of title IV-D of the federalsocial security act. Any fees imposed by the secretary upon a person requiredto make payments under a support order shall be in addition to any amount theperson is required to pay as support.
(d) Except as otherwise provided in this subsection,assigned support that is collected while aperson is receiving services pursuant tosubsection (a)or (b) shall bedistributed as required by title IV-D of the federal social security act. Iffederal law authorizes the secretary to elect to distribute more support to anyfamilies than would otherwise be permitted, the secretary may make suchelection by adopting rules and regulations for that purpose.
(e) If any attorney provides legal services on behalf of the secretary in anycase in which the secretary is furnishing title IV-D services, such attorneyshall have an attorney-client relationship only with the secretary. Theprovisions of this subsection shall apply whether the attorney is an employeeof the state, a contractor subject to the requirements of K.S.A. 75-5365, andamendments thereto, or an employee of such a contractor.Nothing in this subsection shall be construed tomodify any statutory mandate, authority or confidentiality required byanygovernmental agency. No action by suchattorney shall beconstrued to create an attorney-client relationship between the attorneyand any person, other than the secretary.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-756.Support enforcement services available tocertain persons; assignment of support rights; limited power of attorney;continuation ofservices after discontinuance of public assistance; fees for services;distribution of collections; attorneys representing department of socialand rehabilitation services, attorney-client relationship. [See Revisor'sNote](a) (1) The secretary of social and rehabilitation services shallmake support enforcement services required under part D of title IV ofthe federal social security act (42 U.S.C. § 651 et seq.), oractsamendatory thereof or supplemental thereto, and federal regulationspromulgated pursuant thereto, including but not limited to thelocation of parents, the establishment of paternity and the enforcement ofchild support obligations, available to persons not subject to therequirements of K.S.A. 39-709 and amendments thereto and not receivingsupport enforcement services pursuant to subsection (b). Persons whopreviously received public assistance but who are not receiving supportenforcement services pursuant to subsection (b) may apply for or receivesupport enforcement services pursuant to this subsection.
(2) By applying for or receiving support enforcement services pursuantto subsection (a)(1), the applicant or recipient shall be deemed to haveassigned to the secretary on behalf of the state any accrued, present orfuture rights to support from any other person such applicant may have inbehalf of any family member, including the applicant, for whom theapplicant is applying for or receiving support enforcement services. Theassignment shall automatically become effective upon the date ofapplication for or receipt of support enforcement services, whichever isearlier, and shall remain in full force and effect so long as the secretaryprovides support enforcement services on behalf of the applicant, recipientor child. By applying for or receiving support enforcement servicespursuant to subsection (a)(1), the applicant, recipient or obligee is alsodeemed to have appointed the secretary or the secretary's designee as anattorney in fact to perform the specific act of negotiating and endorsingall drafts, checks, money orders or other negotiable instrumentsrepresenting support payments received by the secretary in behalf of anyperson for whom the secretary is providing support enforcement services.This limited power of attorney shall be effective from the date supportrights are assigned and shall remain in effect until the assignment isterminated in full.
(3) Nothing in this subsection shall affect or limit any existingassignment or claim for repayment of any unreimbursed portion of assistancepursuant to K.S.A. 39-709 and amendments thereto or affect or limit anysubsequent assignment of support rights.
(b) (1) Upon discontinuance of all public assistancegiving rise to an assignment of support rights pursuant to K.S.A. 39-709,and amendments thereto,the secretary shall continue to provide all appropriate supportenforcement services required under title IV-D of the federal socialsecurity act for the persons who were receiving assistance, unless therecipient requests that support enforcement services be discontinued.
(2) When support enforcement services are provided pursuant tosubsection (b)(1), the assignment of support rights and limited power ofattorney pursuant to K.S.A. 39-709 and amendments thereto shall remain infull force and effect. When the secretary is no longer providing supportenforcement services related to support obligations accruing after the dateassistance was discontinued, the assignment of support rights shall remainin effect to the extent provided in K.S.A. 39-756a, and amendmentsthereto.
(3) Nothing in this subsection shall affect or limit any existingassignment or claim for repayment of any unreimbursed portion of assistancepursuant to K.S.A. 39-709 and amendments thereto or affect or limit anysubsequent assignment of support rights.
(c) The secretary shall fix by rules and regulations feesfor services rendered pursuant to this section.Such fees shall conform to the requirements of title IV-D of the federalsocial security act. Any fees imposed by the secretary upon a person requiredto make payments under a support order shall be in addition to any amount theperson is required to pay as support.
(d) Except as otherwise provided in this subsection,assigned support that is collected while aperson is receiving services pursuant tosubsection (a)or (b) shall bedistributed as required by title IV-D of the federal social security act. Iffederal law authorizes the secretary to elect to distribute more support to anyfamilies than would otherwise be permitted, the secretary may make suchelection by adopting rules and regulations for that purpose.
(e) If any attorney provides legal services on behalf of the secretary in anycase in which the secretary is furnishing title IV-D services, such attorneyshall have an attorney-client relationship only with the secretary. Theprovisions of this subsection shall apply whether the attorney is an employeeof the state, a contractor subject to the requirements of K.S.A. 75-5365, andamendments thereto, or an employee of such a contractor.Nothing in this subsection shall be construed tomodify any statutory mandate, authority or confidentiality required byanygovernmental agency. No action by suchattorney shall beconstrued to create an attorney-client relationship between the attorneyand any person, other than the secretary.
Chapter 39.--MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE
Article 7.--SOCIAL WELFARE
39-756.Support enforcement services available tocertain persons; assignment of support rights; limited power of attorney;continuation ofservices after discontinuance of public assistance; fees for services;distribution of collections; attorneys representing department of socialand rehabilitation services, attorney-client relationship. [See Revisor'sNote](a) (1) The secretary of social and rehabilitation services shallmake support enforcement services required under part D of title IV ofthe federal social security act (42 U.S.C. § 651 et seq.), oractsamendatory thereof or supplemental thereto, and federal regulationspromulgated pursuant thereto, including but not limited to thelocation of parents, the establishment of paternity and the enforcement ofchild support obligations, available to persons not subject to therequirements of K.S.A. 39-709 and amendments thereto and not receivingsupport enforcement services pursuant to subsection (b). Persons whopreviously received public assistance but who are not receiving supportenforcement services pursuant to subsection (b) may apply for or receivesupport enforcement services pursuant to this subsection.
(2) By applying for or receiving support enforcement services pursuantto subsection (a)(1), the applicant or recipient shall be deemed to haveassigned to the secretary on behalf of the state any accrued, present orfuture rights to support from any other person such applicant may have inbehalf of any family member, including the applicant, for whom theapplicant is applying for or receiving support enforcement services. Theassignment shall automatically become effective upon the date ofapplication for or receipt of support enforcement services, whichever isearlier, and shall remain in full force and effect so long as the secretaryprovides support enforcement services on behalf of the applicant, recipientor child. By applying for or receiving support enforcement servicespursuant to subsection (a)(1), the applicant, recipient or obligee is alsodeemed to have appointed the secretary or the secretary's designee as anattorney in fact to perform the specific act of negotiating and endorsingall drafts, checks, money orders or other negotiable instrumentsrepresenting support payments received by the secretary in behalf of anyperson for whom the secretary is providing support enforcement services.This limited power of attorney shall be effective from the date supportrights are assigned and shall remain in effect until the assignment isterminated in full.
(3) Nothing in this subsection shall affect or limit any existingassignment or claim for repayment of any unreimbursed portion of assistancepursuant to K.S.A. 39-709 and amendments thereto or affect or limit anysubsequent assignment of support rights.
(b) (1) Upon discontinuance of all public assistancegiving rise to an assignment of support rights pursuant to K.S.A. 39-709,and amendments thereto,the secretary shall continue to provide all appropriate supportenforcement services required under title IV-D of the federal socialsecurity act for the persons who were receiving assistance, unless therecipient requests that support enforcement services be discontinued.
(2) When support enforcement services are provided pursuant tosubsection (b)(1), the assignment of support rights and limited power ofattorney pursuant to K.S.A. 39-709 and amendments thereto shall remain infull force and effect. When the secretary is no longer providing supportenforcement services related to support obligations accruing after the dateassistance was discontinued, the assignment of support rights shall remainin effect to the extent provided in K.S.A. 39-756a, and amendmentsthereto.
(3) Nothing in this subsection shall affect or limit any existingassignment or claim for repayment of any unreimbursed portion of assistancepursuant to K.S.A. 39-709 and amendments thereto or affect or limit anysubsequent assignment of support rights.
(c) The secretary shall fix by rules and regulations feesfor services rendered pursuant to this section.Such fees shall conform to the requirements of title IV-D of the federalsocial security act. Any fees imposed by the secretary upon a person requiredto make payments under a support order shall be in addition to any amount theperson is required to pay as support.
(d) Except as otherwise provided in this subsection,assigned support that is collected while aperson is receiving services pursuant tosubsection (a)or (b) shall bedistributed as required by title IV-D of the federal social security act. Iffederal law authorizes the secretary to elect to distribute more support to anyfamilies than would otherwise be permitted, the secretary may make suchelection by adopting rules and regulations for that purpose.
(e) If any attorney provides legal services on behalf of the secretary in anycase in which the secretary is furnishing title IV-D services, such attorneyshall have an attorney-client relationship only with the secretary. Theprovisions of this subsection shall apply whether the attorney is an employeeof the state, a contractor subject to the requirements of K.S.A. 75-5365, andamendments thereto, or an employee of such a contractor.Nothing in this subsection shall be construed tomodify any statutory mandate, authority or confidentiality required byanygovernmental agency. No action by suchattorney shall beconstrued to create an attorney-client relationship between the attorneyand any person, other than the secretary.
