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Expedited Paternity Establishment In Maine

Over the past decade, and despite a growing caseload, Maine has reduced its backlog of cases requiring paternity establishment by more than two-thirds. In 1991, the State had a backlog of 9,500 paternity cases out of a total caseload of 55,000. Now, with 61,000 total cases, the paternity backlog stands at just 2,900 cases.

Maine's Expedited Paternity Establishment Project has used three key tools to accomplish this.

• A specialized administrative paternity establishment procedure;
• Staff paternity specialists; and
• An automated system that prompts appropriate processing of paternity cases.

Administrative Procedure

The centerpiece of Maine's Expedited Paternity Establishment Project is an administrative procedure for the establishment of paternity. Designed to permit easy transfer to the courts of default and contested cases, the expedited procedure enables many cases to be resolved completely within an administrative process that emphasizes the importance of due process.

The process begins with "in-hand" one-time-only personal service. With this step completed, the paternity case can be transferred to court, should the need arise, without the necessity of additional service of process. Once served, the putative father has 20 days to deny paternity, acknowledge paternity, or request genetic testing. If he fails to respond, the case is transferred to District Court for entry of a default paternity order.

If the putative father admits paternity, he is offered an opportunity to acknowledge paternity, and a support order is established administratively. If he asks for genetic testing, that is provided. If a high probability of paternity is demonstrated, he is offered the opportunity to acknowledge paternity, followed by an administrative order of support.

Designed to permit easy transfer to the courts of default and contested cases, the expedited procedure enables many cases to be resolved completely within an administrative process that emphasizes the importance of due process.

Genetic testing that results in exclusion requires that the Department file a motion in District Court for a finding of nonpaternity. Contested cases and those in which the putative father fails to appear for genetic testing also are transferred to District Court.

Child support agents without the assistance of attorneys generally carry out these procedures. Child support agents may even appear in court to present for the agency. Agency attorneys become involved only in contested cases and complex cases where points of law must be argued.

Paternity Specialists

At this time, the agency segments its caseload. Paternity is considered to be a specialty, with designated staff assigned responsibility for these cases. Currently, there is a staff of 15 statewide.

Automated System

The State's automated system also comes into play, tracking and structuring the processing of paternity cases. Clerks, rather than support agents, track and follow up on routine matters such as arrival of affidavits, freeing agents to focus on more important matters.

The backlog continues to decline as the State draws nearer to its goal of establishing paternity in all cases within one year of the child's birth or location of the putative father.

With 150 to 200 new paternity cases each month-which represents one-half of Maine's new case openings each month-the backlog continues to decline as the State draws nearer to its goal of establishing paternity in all cases within one year of the child's birth or location of the putative father.

In addition to these gains, improvements in Maine's in-hospital paternity acknowledgment process have resulted in a significant increase in in-hospital acknowledgments. As a result, the agency expects to see a gradual reduction in the proportion of new cases requiring paternity establishment.

If you would like more information about Maine's establishment of paternity through its system of administrative process, contact Gerald Lindsay, Assistant Director of Maine's Division of Support Enforcement and Recovery, at (207) 287-2843.

Delaware's "Child Support Information Nights" Increase Customers Access to Services

The Delaware Division of Child Support hosts semi-annual events titled "Child Support Information Nights" to increase customer access to services. The events are held outside of regular business hours, from 5 to 7 in the evening, to give customers an opportunity to resolve case-specific issues they have been unable to resolve through daily business hours.

CSE Specialists with computers connected by modem to the State caseload database are on hand to assist customers and to educate them about the process. The Director and other senior officials also attend the events to offer customers their assistance.

Child Support Information Nights began as a pilot project in October of 1998 in Delaware's largest county, New Castle. In addition to a mass mailing, newspaper ads and community flyers informed customers of the opportunity to seek information about their cases during evening hours.

The events . . . give customers an opportunity to resolve case-specific issues they have been unable to resolve through daily business hours.

The events were so successful that they were quickly made an ongoing part of Delaware's services in all counties. From 100 to 200 customers typically show up for these evening sessions. A suggestion box is available at the registration table, and comments to date have been very positive. Customers appreciate the convenience of being able to access staff during off-hours.

If you would like more information, contact Nicole Cunningham at (302) 577-4815 X 259.

Big Eight Plus One States Meet in San Antonio

The "Big Eight Plus One" states (California, Florida, Illinois, Michigan, New York, Ohio, Pennsylvania, Texas, and New Jersey) met March 19 - 21 in San Antonio, Texas, to share information about their programs, review noteworthy activities, highlight successes, and showcase promising practices.

OCSE Acting Commissioner Frank Fuentes delivered opening remarks to the 80 participants, who represented a cross-section of senior state child support managers and other key officials.

Mr. Fuentes reviewed the history of the initiative and its accomplishments, commented on its value as a high level forum and communications network, and emphasized the common and state-specific projects Big Eight Plus One states have undertaken to address key issues.

He also recognized and acknowledged the rich body of knowledge and experience available in states that are not part of the Big Eight Plus One, saying that "their contributions in the form of working models and best practices are a necessary part of our efforts to be successful with this project."

Texas Attorney General John Cornyn . . . highlighted a $130,250 collection made possible by the new Financial Institution Data Match program.

Non-Big Eight Plus One state presenters came from Colorado, Connecticut, Virginia, and Wisconsin.

In a luncheon address, Texas Attorney General John Cornyn described recent efforts in Texas to improve the child support enforcement program and highlighted a $130,250 collection made possible by the new Financial Institution Data Match program.

Plenary sessions featured state program updates, interstate policy, Financial Institution Data Match, State Disbursement Units, Hispanic/Latino initiatives, Special Improvement Project grants, and issues for large jurisdictions, while small group discussions covered such issues as undistributed collections, medical support, fatherhood, staffing standards, and managing performance.

New York State child support director Margo Bean remarked on the wealth of good information available to attendees during both formal and informal sessions. "The importance of communication in initiatives of this magnitude," she said, "cannot be overstated as an ingredient for success."

Pennsylvania child support director Dan Richard echoed that sentiment, adding, "the interaction and information shared will play a major role in facilitating the collection of support in interstate cases."

Participants shared their experiences and the lessons learned with each other in an interactive environment and took part in coordinated planning sessions to develop and refine projects designed to meet the common needs of states with large caseloads. An important requirement of the projects, which focus on problem solving, is that they must harmonize with the broad child support program goals of attaining financial and emotional support for children and families.

If you would like more information about the conference, contact Dan Fascione, Director of OCSE's Big Eight Plus One Initiative, at (215) 686-3724.

OCSE Puts Two Web-Based Training Courses on Internet

In partnership with the Graduate School in the U.S. Department of Agriculture, OCSE has converted two of its computer-based training courses (CD-ROM) to web-based training (WBT). The courses, Child Support Enforcement Orientation, and Processing Interstate Cases/UIFSA, are now accessible via Internet on OCSE's National Electronic Child Support Resource System.

The intent in introducing the web-based training format to the child support enforcement community is to make training more accessible to our state partners. To review either of these WBT courses and to see the advances being made in distance learning, log on to this URL address: http://ocse.acf.dhhs.gov/necsrpub/training/index.html.

If you have questions or would like more information about the new WBT training courses, contact Charlene Butler at OCSE's National Training Center at (202) 401-5091 or by email at cbutler@acf.dhhs.gov.

2001 Conference Calendar

April

17-18 OCSE State Self-Assessment Workshop, Claridge Hotel, Chicago, IL, Myles Schlank (202) 401-9329. By Invitation Only.

18-20 North Dakota Family Support Council's Annual Child Support Enforcement Training Conference, Holiday Inn, Bismarck, ND, Colin Barstad (701) 662-5374.

23-25 Spring Workshops on Child Support Enforcement Systems: "Seventh Inning Stretch-Polishing Your Game," Gateway Hotel, Crystal City, VA, Kathy McCaughin (202) 260-6785.

23-25 NCSEA For-Attorneys-Only Training Seminar, Spring Sidebar in Reno, Silver Legacy Hotel, Reno NV, Carol Henry (202) 624-8180.

May

1-3 California Family Support Council Quarterly Meeting, Embassy Suites, South Lake Tahoe, CA, Noanne St. Jean (559) 582-3211 X 2403.

2-4 North Carolina Child Support Council Conference, Adams Mark Hotel, Charlotte, NC, Kathryn Foley (910) 646-1791.

3-6 Children's Right Council 13th National Conference, Holiday Inn, Bethesda, MD, (202) 547-6227.

15-17 6th Bi-Regional Interstate Task Force Conference, TBA, Seattle, WA, David Stillman (360) 664-5050. For states in Regions IX and X only.

20-24 ERICSA Annual Training Conference and Exposition, Opryland Hotel, Nashville, TN, Sara McCollum (413) 784-1025 X 21001.

20-25 ACF Users' Group Meeting, Marriott Downtown, Des Moines, IA, Robin Rushton (202) 690-1244. State and federal staff only. No vendors.

28-30 Nonprofit Planning and Community Leadership (NPCL) 3rd Annual International Fatherhood Conference, Sheraton Atlanta Hotel, Atlanta, GA, Charleen Meeks (888) 528-6725 toll free or (202) 822-6725.

June

3-6 National Council of Child Support Directors Annual Conference and Business Meeting, Marriott Hotel, Willamsburg, VA, Peggy Friendenberg (804) 692-1476.

3-6 Colorado Family Support Council Annual Training Conference, Beaver Run, Breckenridge, CO, Dee Price-Sanders (720) 947-5000.

5-7 Mid West HUB Administration for Children and Families Tribal Conference, Mystic Lake Casino and Conference Center, Prior Lake, MN, Sally Kolanowski (312) 353-7073.

7-8 The National Fatherhood Initiative's 4th Annual Summit on Fatherhood: Broadening the Reach, Hyatt Regency Washington on Capitol Hill, Washington DC, Elaine Sherman (301) 948-0599.

12-13 OCSE Locate/Safeguarding Work Group Meeting, TBA, Washington, DC, Eileen Brooks (202) 401-5369. By Invitation Only.

13-15 Indiana Child Support Alliance Annual Training Conference, Radison Star Plaza, Merriville, IN, Patricia Perkins (317) 232-4922.

July

10-12 South Dakota Office of Child Support Enforcement Training Conference, Ramkota Inn, Pierre, SD, Carmin Sommer (605) 773-3641.

27 Kansas Child Support Enforcement Association 2001 Conference, Holiday Inn Holidome and Convention Center, Topeka, KS, Sara Wilson (316) 429-3014.

August

12-16 NCSEA 50th Annual Conference and Exposition, Hilton New York, New York, NY, Carol Henry (202) 624-8180.

September

10-12, OCSE 11th National Child Support Enforcement Training Conference, Hyatt Regency Crystal City, Arlington, VA, Bertha Hammett (202) 5292 or Isabelle Howes (202) 314-3471.

Pennsylvania Judge finds Alternative to Incarceration

Gary W. Kline

Montgomery County (Norristown) Pennsylvania Administrative Judge Rhonda Lee Daniele has developed an effective way to deal with delinquent child support payors who appear before her court. Through her program, a defendant is given the opportunity to get out of the county jail by agreeing to remain at a wage attached job and to increase payments towards the support owed for his child.

It's an approach that has proven to be extremely successful for the children who are owed support. Collections from Judge Daniele's program have exceeded $50,000 in just the past eight months.

A defendant is given the opportunity to get out of the county jail by agreeing to remain at a wage attached job and to increase payments towards the support owed for his child.

The program began when the Montgomery County Domestic Relations Department alerted Judge Daniele to a case in which everyone but the child who was owed support seemed to be getting paid. A defendant, the Judge was told, had been incarcerated for six months for nonsupport. When he became eligible, he quickly enrolled in the jail's work release program.

The Montgomery County Jail charges its occupants for room and board when they are working, so that amount was deducted from the defendant's earnings, leaving a balance insufficient to pay his support obligation. In addition, during his incarceration, an IRS intercept paid money to the State that was owed for a prior period when the plaintiff was receiving public assistance.

The defendant was brought before Judge Daniele, who offered to release him from jail for the remaining period of his sentence (four months) in exchange for an increased payment towards his child support arrears.

The condition: If any payment was even one day late or one dollar short during the four months, he would be sent back to jail immediately.

He kept his agreement, and since then, a full-time staff position has had to be created to monitor the 50 or more cases that are in the program at any given time. Statistics show a steady increase in payments on the same cases in year to year comparisons from defendants who participate in this program.

The criteria for inclusion in the program are:

• At least a six-month sentence must be imposed;
• The purge amount should not be less than ten percent of the total arrears due, or a minimum of $1,000; and
• The defendant must be enrolled in the work release program and have paid a minimum of six child support payments.

The success of the program has prompted Judge Daniele to incorporate it into the daily hearings for the other five family court judges.

For more information on this alternative program, contact Ms. Erica Higgins, Assistant Parental Support Officer, at EHIGGINS@Mongcopa.org.

Gary Kline is the Director of the Montgomery County, Pennsylvania child support program.

OCSE's Federal Agency Employer Services Initiative

Carol Callahan and Nancy Benner

The OCSE Employer Services work group continues its Federal Agency Initiative to showcase the Federal Government as a "model employer" in promoting and facilitating the establishment and enforcement of child support.

Employer Services' activities on behalf of states and State Disbursement Units (SDUs) have included working with the following federal agencies.

Social Security Administration (SSA)

The focus with SSA has been on assisting them in improving their procedures regarding release of a lump sum disability benefit when an income withholding order has been received against the benefit payment. Recently, for example, the Takoma Washington Division of Child Support sent an income withholding order for a noncustodial parent's disability benefit to SSA, but because the claim for liability was still being investigated, SSA returned the order to the child support agency.

Once the investigation was completed, however, SSA failed to notify the child support agency that monies were now available to be attached. As a result, a large, lump sum SSA benefit payment was nearly sent to the noncustodial parent, who was $13,000 in arrears for child support.

Employer Services is working with SSA to enhance payment procedures so that the next time this kind of situation occurs, SSA will notify the child support office that initially sent the income withholding order. As Barbara Mattson, Support Enforcement Officer II in Takoma, Washington, commented: "A mechanism should be in place at Social Security to ensure that withholding orders on retroactive benefits will be honored without fail."

Department of Agriculture (USDA)

Employer Services has worked with USDA on their policy for implementing multiple income withholding orders against a noncustodial parent when disposable income does not cover all the orders. Until recently, USDA was still following the policy of "first-come, first-served." They have now changed their procedures and are honoring second or multiple orders for current support against their employees.

According to Judy Weber of USDA's Rural Development Field Services Branch in St. Louis, "Often, we have multiple orders for different custodial families to process against one employee's salary. . . . [so] the amount withheld for a child support order can change, depending on the total orders processed." New USDA procedures also include a new letter to be sent to any state that will be receiving a reduced amount of child support because of a multiple allocation situation.

Defense Finance and Accounting Service (DFAS)

The OCSE work group negotiated two locations within the DFAS Garnishment Department for states to contact for redirection of all DFAS child support payments (and spousal support, if appropriate) to SDUs. This information was sent to all states in a Dear Colleague letter. Employer Services also disseminated a list of DFAS service branch addresses for child support workers to use when requesting employment verification for service personnel. This list also was sent to all states in a Dear Colleague letter.

Employer Services is now supporting DFAS's move to send child support payments (both voluntary allotments and income withholding orders) electronically. Currently, only the Marines are sending child support payments electronically, but the DFAS pay centers for voluntary allotments are very close to converting from paper checks to electronic payments.

Publications

To assist child support workers, Employment Services produced Working with Federal Agencies as Employers, which was sent to all states. This publication includes detailed information on sending income withholding orders to federal agencies, redirecting child support payments from federal agencies to SDUs, identifying Treasury checks, and dealing with federal agencies as they begin to send electronic child support payments (EFT/EDI).

Another Employer Services' publication, The ABCs of Child Support: Federal Agency Overview, was produced for federal agency payroll and human resources personnel to help them understand new hire reporting and income withholding for child and medical support. This publication has been distributed at payroll conferences and seminars sponsored by the Federal Office of Personnel Management.

If you have questions or would like more information, contact Carol Callahan at (202) 401-6969.

Carol Callahan is OCSE's Director of Employer Services. Nancy Benner is staff to the Employer Services Project.

New Hire Data Useful

Texas recently conducted a study to independently verify the accuracy and value of data provided by the National Directory of New Hires (NDNH). The Office of the Attorney General's Child Support Division (CSD) randomly chose a sample of 220 NDNH matches that were based on new hire (W4) data submitted by employers from around the country.

State staff called the employers identified in each match to verify the information provided in each data element. The study shows that the NDNH provides accurate and important information to Texas caseworkers.

In 95 percent of the matches, the employer's Federal Employer Identification Number (FEIN), city, and state were provided and were correct. In 97 percent of the matches, the non-custodial parent's (NCP) name and Social Security number (SSN) were provided and were correct.

In addition, the survey verified that in 75 percent of the cases the NCP had worked at one time for the employer provided by the NDNH.

"Clearly, this has become our best collection tool." ...Texas child support director Howard Baldwin.

The NDNH is intended to locate the more mobile individuals, who sometimes end up not working any hours for the employer who reported them, or do so only for a short period of time. But in this instance, and in 63 percent of the cases, the individual was still employed by the firm that provided the NDNH data.

By studying the accuracy of NDNH data and sharing the results, Texas has increased its caseworkers' trust in new hire data. The State also has shown that automated wage withholding can produce dramatic results in a short amount of time.

Howard Baldwin, Deputy Attorney General for Child Support and Texas IV-D Director stated, "In the past year and a half, the Texas IV-D program has seen dramatic increases in collections generated by income withholding through the use of national and State new hire data. In State fiscal year 2000, collections from income withholding were $350,000,000. Through the first six months of this year, we are at $256,000,000. Clearly, this has become our best collection tool."

HHS Outreach Fact Sheets Available On Internet

Two HHS Fact Sheets of interest to the child support community are available on the Internet at www.hhs.gov/news.

The first describes the "HHS Role in Child Support Enforcement" and includes information on efforts to promote responsible fatherhood, and improve paternity establishment.

The second fact sheet, "HHS and the President's Faith-Based and Community Initiative," reviews the President's executive order and provides background on the Department's efforts to reach out to these communities.