October 9, 1975 - 7:30 PM - County Board of Commissioners Meeting Minutes (Special)
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AMeeting of Board of Commissioners County of JohnstonOctober 9, 1975The Johnston County Board of Commissioners met in special session Thursday, October 9, 1975,in the Commissioners Room of the Johnston County Courthouse, Smithfield, North Carolina, at 730pm, with the following members presentNorman C Denning, Chairman, Freddie Adams, Howard Benton and Hoyt CastleberryMember Absent Frank B HoldingThe following business was transacted1 , Child Support Act - H 1105 - G S 110AAndy Holland, Attorney, representing the Johnston County Department of Social Services, andMr Victor Sydnor, Regional Consultant, North Carolina Department of Social Services, met with theBoard of Commissioners regarding HB 1105, Child Support Act, GS 110A, which became effective July1, 1975Mr Holland explained the new Child Support Act to the Board of Commissioners in detailIn summary the new law enacts the followingTo revise the General Statutes to provide that dependent children are afforded support bythe responsible parent Adds new GS Ch 110Achild support to provide for financial support ofdependent children, and to provide remedies against parents who are financially able to supportchildren but do not Public assistance paid to neady children to be considered only supplement tosupport from responsible parent, and payment of public assistance creates debt to state and operatesas assignment of right to child support Provides for both location of absent parents and determin-ation that parent able to support children Provides for enforcement by garnishment of obligationto support children Limited to children under 18 and not married, emancipated, or in armed servicesPermits county Department of Social Services to bring actions for support or to establish paternity,if mother or guardian fails to do so in county of mother, of father, or of child Permits subpoenaof parent to testify on paternity; husband -wife privilege not to be used to block such testimonyProvides for immunity against prosecution to prevent use of Fifth Amendment protection against self -incrimination Parent refusing to cooperate with county department in attempt to secure supportfrom non - supporting parent liable to be declared ineligible for public assistance from county duringtime of refusal to cooperate; may also be cited for comtempt 100 fine or six months imprisonmentIf parent declared ineligible for support, his needs to be excluded in determination of needs ofremaining family members, and protective payment for other family members permitted Acknowledge -ment of paternity by either father or mother to have force and effect of support order Agreementof support to have force and effect of support order Such agreements to be filed, but informationin them to remain confidential except for disclosure to Division of Social Services, county depart-ment of social services, or Registrar of Vital Statistics or on judicial order Debt to statecreated by payment of public assistance limited, in case of final divorce decree or final supportorder, to amount specific therein Liability attaches only if responsible parent financially ableto furnish support during time when public assistance granted All governmental entities whichhave furnished public assistance given pro rata share in sums collected for such debt No action tocollect debt to be commenced more than five years after receipt of last public assistance grantPermits garnishment of up to 20 of disposable earnings of responsible parent Effective July 1,1975After a very thorough and lengthy discussion, Mr Holland suggested that the Board ofCommissioners designate a person or agency to co- ordinate and administer the Child Support ActKramer Jackson, County Administrator, stated that he felt that a person to administer the program,along with a Social Worker and maybe a part -time clerk would be sufficient personnelThis program is supported by 75 federal funds and 25 local funds, if the entire stateparticipates, if not, no assistance is received from the Federal GovernmentThe Board of Commissioners advised Mr Holland and Mr Sydnor that they would take thisdesignation of a person or agency to administer this program under advisement and make thisappointment at the next board meeting October 21, 19752 Road Petition - Pinewood Drive - Add to SystemThe Board received a petition from property owners of Pinewood Drive, Route # 1, Benson,Banner Township, requesting that the State add this road to the Secondary Road System for maintenanceCommissioner Howard Benton moved that the petition be forwarded to the State HighwayCommission, Wilson, North Carolina, with the Boards recommendations for considerationCommissioner Hoyt Castleberry seconded the motion which was carried unanimouslyUpon a motion by Commissioner Howard Benton, duly seconded by Commissioner Freddie Adamsand carried unanimously, the Board recessed to meet again Tuesday, October 21, 1975, at 730 pm1Norman C Denning, ChairmanEleanor N Creech Clerk