Regular Session 2023-2024 House Bill 1962 P.N. 3373

PRIOR PRINTER'S NO. 2497

PRINTER'S NO. 3373

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1962

Session of

2024

INTRODUCED BY PARKER, HANBIDGE, MADDEN, KINSEY, KHAN, PROBST,

PIELLI, CEPEDA-FREYTIZ, HILL-EVANS, SANCHEZ, KAZEEM, CERRATO,

KRAJEWSKI, MAYES, GREEN AND OTTEN, JANUARY 31, 2024

AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 24, 2024

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in support matters generally, further

providing for administration of Title IV-D program, for

assistance recipients to seek support, for cooperation

required and for enforcement of cooperation requirements.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 4373(b), 4378(a) and (c), 4379(1)

introductory paragraph and (2)(iii) and 4380 of Title 23 of the

Pennsylvania Consolidated Statutes are amended to read:

§ 4373. Administration of Title IV-D program.

* * *

(b) Cooperative agreements.--The department shall undertake,

either directly or pursuant to cooperative arrangements with

appropriate counties, courts or law enforcement officials,

including domestic relations sections, to do all of the

following:

(1) Establish paternity of children of an applicant or

<--

recipient natural or adoptive parent with respect to whom

assistance has been received.

(2) Secure support for children under paragraph (1) from

a legally responsible relative.

(3) Determine whether the applicant or recipient natural

or adoptive parent is cooperating in good faith with matters

set forth in section 4379 (relating to cooperation required).

(4) Notify the applicant or recipient natural or

adoptive parent of each noncooperation determination and the

basis for such determination.

(5) Make available child support and paternity

determination services to any individual not receiving

assistance to the extent required by Federal law and upon

application submitted to the department on forms provided by

the department, the payment of any application fee

established by the department and the agreement to pay costs

in excess of any fee out of any recovery made by the

department.

* * *

SECTION 1. SECTION 4378(A) OF TITLE 23 OF THE PENNSYLVANIA

CONSOLIDATED STATUTES IS AMENDED AND THE SECTION IS AMENDED BY

ADDING A SUBSECTION TO READ:

§ 4378. Assistance recipients to seek support.

(a) Seeking support required.--[Prior] EXCEPT AS PROVIDED

UNDER SUBSECTION (A.1), PRIOR to authorization, every applicant

natural or adoptive parent for assistance whose circumstances

include the reported absence of a legally responsible relative

from the household or the presence of a putative father shall

appear before the domestic relations section or other applicable

division of the court of common pleas. Upon the request of a

20240HB1962PN3373 - 2 -

<--

family court or domestic relations section, the secretary is

authorized to waive the requirement of personal appearance

before a family court or domestic relations section if another

procedure would be as efficient and effective. Subject to

Federal approval, only when necessary, assistance shall not be

authorized by the department until it has been certified that

the applicant natural or adoptive parent has cooperated in

determining paternity and enforcing support.

(A.1) COOPERATION BY NONPARENTS OF RELATIVE CHILDREN.--

(1) SUBJECT TO FEDERAL APPROVAL AND ONLY WHEN NECESSARY,

AN APPLICANT FOR ASSISTANCE WHO IS A NONPARENT OF A RELATIVE

CHILD MAY CHOOSE WHETHER TO COOPERATE IN SEEKING AND

OBTAINING SUPPORT PAYMENTS FOR A RELATIVE CHILD WITH RESPECT

TO WHOM THE ASSISTANCE IS CLAIMED.

(2) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND

PHRASES SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS

SUBSECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"BLOOD RELATIVE." THE TERM INCLUDES AN INDIVIDUAL OF

HALF-BLOOD.

"FIFTH DEGREE OF KINSHIP." THE FIFTH DEGREE OF KINSHIP

INCLUDES A GREAT-GREAT GRANDPARENT, GREAT-GREAT-GREAT

GRANDPARENT AND OTHER RELATIONSHIP PREFIXED BY GREAT, GREAT-

GREAT, GRAND OR GREAT-GRAND. THE TERM DOES NOT INCLUDE A

SECOND COUSIN OR MORE REMOTE COUSIN.

"FIRST COUSIN ONCE REMOVED." THE CHILD OF AN

INDIVIDUAL'S FIRST COUSIN OR THE FIRST COUSIN OF AN

INDIVIDUAL'S PARENT.

"NONPARENT OF A RELATIVE CHILD." IN RELATION TO A

DEPENDENT CHILD, A GRANDPARENT, STEP-GRANDPARENT OR OTHER

BLOOD RELATIVE WHO IS WITHIN THE FIFTH DEGREE OF KINSHIP TO

20240HB1962PN3373 - 3 -

<--

THE DEPENDENT CHILD, INCLUDING A FIRST COUSIN ONCE REMOVED.

* * *

parent shall have standing to commence an action to obtain

support for any child with respect to whom the applicant or

recipient claims assistance.

SECTION 2. SECTIONS 4379(1)(IV) AND 4380(A) OF TITLE 23 ARE

AMENDED TO READ:

§ 4379. Cooperation required.

In accordance with a child support plan approved by the

Federal Government, the department shall have the power and its

duty shall be to:

(1) Require as a condition of eligibility for assistance

that an applicant or recipient natural or adoptive parent:

* * *

(2) Require cooperation in accordance with the

following:

* * *

(iii) Subject to Federal approval, if the applicant

or recipient natural or adoptive parent provides the

names of two putative fathers subsequently excluded from

paternity by genetic testing, the second exclusion shall

create a presumption of noncooperation, which may be

rebutted only by clear and convincing evidence.

(IV) [COOPERATE] SUBJECT TO SECTION 4378(A.1),

COOPERATE IN OBTAINING SUPPORT PAYMENTS FOR SUCH

APPLICANT OR RECIPIENT AND FOR A CHILD WITH RESPECT TO

WHOM SUCH ASSISTANCE IS CLAIMED OR IN OBTAINING ANY OTHER

PAYMENT OR PROPERTY DUE SUCH APPLICANT, RECIPIENT OR SUCH

CHILD UNLESS THE DEPARTMENT DETERMINES THAT THE APPLICANT

20240HB1962PN3373 - 4 -

<--

OR RECIPIENT HAS GOOD CAUSE FOR FAILING TO DO SO.

* * *

§ 4380. Enforcement of cooperation requirements.

(a) Cooperation required.--It is essential to the effective

and responsible utilization of assistance funds that applicants

and [recipients] recipient natural or adoptive parents who are

caretakers of a child whose circumstances include the reported

absence of a legally responsible relative from the household or

presence of a putative father cooperate fully with the

department and the court or domestic relations section in

establishing paternity and in securing child support payments

and in all matters set forth in section 4379 (relating to

cooperation required), SUBJECT TO SECTION 4378(A.1) (RELATING TO

ASSISTANCE RECIPIENTS TO SEEK SUPPORT).

(b) Procedures.--

(1) Upon application for assistance, each applicant or

recipient natural or adoptive parent shall be notified that

his or her cooperation in the matters set forth in section

4379 shall be required as a condition of eligibility and that

failure to cooperate will result in the termination of

medical assistance and the reduction of the cash assistance

allowance in an amount equal to not less than 25% and may, if

provided by departmental regulation, result in the imposition

of protective payments for any child in whose behalf the

applicant or recipient seeks assistance.

(2) If the department or domestic relations section, as

applicable, determines that the applicant or recipient

natural or adoptive parent fails to cooperate as set forth in

section 4379, unless the failure to cooperate was for good

cause, the applicant or recipient natural or adoptive parent

20240HB1962PN3373 - 5 -

<--

shall be notified of the noncooperation determination and the

basis for the noncooperation determination. The department

shall notify the applicant or recipient natural or adoptive

parent in writing of the termination of medical assistance

eligibility for the applicant or recipient natural or

adoptive parent, the reduction of the cash assistance

allowance equal to not less than 25% and, if applicable, that

protective payments will be imposed for any child so affected

ten days after the date of notice. At the expiration of the

ten-day period, the department shall impose the termination

of medical assistance, the assistance allowance reduction

and, if applicable, protective payments. Any hearing or

appeal with respect to the notice of noncooperation issued by

the department shall be conducted in accordance with the

department's regulations governing an applicant's or a

[recipient's] recipient natural or adoptive parent's right to

hearings.

(3) Subject to Federal approval, only when necessary, if

after notice and opportunity for hearing the court or

domestic relations section determines that the applicant or

recipient natural or adoptive parent failed to cooperate as

set forth in section 4379 and lacked reasonable excuse for

such failure, the court shall notify the applicant or

recipient natural or adoptive parent and the department of

the basis of the noncooperation determination and order the

department to impose a sanction for noncooperation. The

department shall issue a notice to the applicant or recipient

natural or adoptive parent to terminate medical assistance

eligibility, reduce the assistance allowance by not less than

25% and, if applicable, impose a protective payment for any

20240HB1962PN3373 - 6 -

child so affected. The department shall implement the order

of the court within ten days of receipt. Any hearing or

appeals with respect to the recommendation and order of

noncooperation directed by the court shall be conducted by

the court in accordance with the Pennsylvania Rules of Civil

Procedure as may be promulgated by the Supreme Court

governing actions for support. The decision to hold hearings

for noncooperation cases shall be at the option of the court

or domestic relations section. If the court or domestic

relations section chooses not to conduct the hearings on

noncooperation, appropriate court or domestic relations

section personnel shall be available to provide testimonial

evidence by telephone testimony at the time and location set

by the department for the departmental appeal hearing. A

finding of noncooperation of an applicant or recipient

natural or adoptive parent shall not affect an obligor's duty

to pay support.

* * *

Section 2 3. This act shall take effect in 60 days SIX

MONTHS.

20240HB1962PN3373 - 7 -

<--