Allegheny County

Lump Sums Anyone??

The “Lump Sum” program, a remedy utilized for child support collection by Allegheny County Family Division (“ACFD”), was implemented in 1992 by the Court. The procedure was initiated in response to an increasing number of cases where child support garnished from workers compensation payments ended when the obligor settled their comp case for a significant lump sum payment in lieu of the on-going (future) entitlement to this income. This settlement, previously referred to as a “Commutation”, is now called a “Compromise and Release”. An ACFD protocol was put into place to insure collection of child support from these lump sum payments, both to liquidate arrears and to secure future payments of support.

This protocol is premised on Pennsylvania’s support statute, which includes workers’ compensation benefits within the definition of income subject to wage garnishment (23 Pa. C.S.A. §4302). In addition, workers’ compensation case law makes it very clear that these lump sum settlements are “future income”. Hence, the Court may garnish lump-sum “settlement” payments and require that these funds be escrowed and utilized for payment of future support by distributing the monthly support amount.

To prevent the payout by workers compensation insurance carriers of these lump sum payments, the following language was added to all wage garnishment orders directed to the carriers:

IT IS FURTHER ORDERED THAT NO COMMUTATION OF WORKERS’ COMPENSATION BENEFITS OR OTHER LUMP SUM DISTRIBUTION TO THE DEFENDANT SHALL OCCUR UNTIL THIS ORDER OF COURT IS DISSOLVED BY FURTHER ORDER. THE DEFENDANT MUST PETITION THIS COURT TO HAVE THE ORDER DISSOLVED. IF THE PLAINTIFF, PAYEE, DOES NOT HAVE COUNSEL OF RECORD, NOTICE MUST BE GIVEN TO THE TITLE IV-D ATTORNEY, 300 FORT PITT COMMONS BUILDING, 445 FORT PITT BLVD., PITTSBURGH, PA 15219

All practicing workers compensation attorneys in Allegheny County quickly learned that if their client (insurance company or obligor/claimant) was preparing to settle a workers compensation case, they should contact the IV-D Attorney to negotiate a settlement. The IV-D Attorney instituted general parameters of “settlement recommendations” to be made to the plaintiff. The general recommendation is to pay off all existing arrears and escrow four years of support (or enough to cover the extent of the obligation, whichever was lower). Once a plaintiff ‘s approval is obtained, Court orders are prepared and processed to effectuate the agreement and escrow. In addition, the Court order addresses the treatment of earning capacity for the obligor in future support proceedings (i.e., obligor stipulates that the net lump sum settlement amount, divided by 500 weeks, plus any other actual income he/she receives, would be income for determination of future support). This prevents the obligor from spending all of the net proceeds and then requesting a modification based on having no income (i.e., the monthly support obligation should not decrease because obligor voluntarily chooses to settle her/his case).

Practicing attorneys in the County expressed great satisfaction with the process as it enabled them to quickly resolve all aspects of the compensation case. This became vitally important when amendments to the workers compensation law in 1996 required Compromise and Release agreements to address the payment of support.

The increase in child support collections rose a substantial amount once this new remedy was implemented. With that in mind, Allegheny County began to garnish other lump sum payments such as bonuses, personal injury settlements, and vacation pay. This was accomplished by placing the same language on all wage garnishment orders. While these other types of lump sum payments may not be used for future support (as they are not “future income”), they can be used to satisfy or reduce support arrears. In the instance of personal injury claims, the garnishment order is sent to both the insurance company and the attorney handling the claim for the obligor. With this language added to the garnishment, the defendant’s income provider becomes liable to contact the Court prior to the release of any lump sum payment to which the defendant may be entitled. Once contacted, the Court then makes a determination whether a lump sum is applicable on a case by case basis. ACFD’s lump sum orders are issued outside of PACSES, utilizing templates created in Microsoft Word.

If the Court receives information that the income provider released monies to the defendant without the Court’s knowledge, a contempt hearing is scheduled for both the income provider and the defendant. Under Pennsylvania law, that payor can be made to pay the full amount of the lump sum settlement.

The workers’ compensation / lump sum settlement program has increased ACFD collections by an outstanding average of over one million dollars per year. Other lump sum orders have increased collections by substantially reducing arrears in the hundreds of thousands.

If you wish to learn more about this efficient collection remedy, please contact the ACFD Administrator, 440 Ross Street, 5^th Floor, Pittsburgh, PA 15219, and (412) 350-6930 for additional information.

PHONE POWER

The Objective:

Increase collections from delinquent accounts by directly contacting defendants in the evenings. It was understood that the program would need to be cost effective since it would be paid with overtime funding and would occur outside of normal working hours. It requires the use of our best customer service employees.

The Staffing:

One clerical supervisor, one team-lead and six telephone operators work this project every Wednesday evening from 4:30 to 8:00 p.m.

The Methodology:

The six telephone operators are provided with a packet listing various delinquent payors, who they telephone without any prior notice. The lists used by the operators are derived from a report that is generated specifically for this project. For the first hour, the operators review their lists and prepare a “game-plan” for their calls. This hour period also gives time for the delinquent payor to get home from their normal work routine.

The operators begin calling the clients randomly in an effort to “surprise” them and to catch them off guard. The operator telephone numbers are blocked and cannot be identified through caller I.D. Assuming a contact with a payor is made, the operators then pursue collecting monies, updating current employment information and verifying other demographic information, especially Social Security numbers and addresses. Most of the telephone conversations last only 5-7 minutes depending on the client’s cooperation.

The operators then give the payor directions on how to make payments through the mail. They also are able to take credit card payments over the telephone. The operators advise the delinquent payor that if s/he cannot commit an amount immediately, they must pay a specific amount within a specified period of days or their case will be listed for immediate court action, a contempt proceeding.

If clients are not at home for a call, a message is left with a “call-back” telephone number. This number is manned by a team member the next day and the same collection process is followed.

At the conclusion of the evenings’ work, the operators complete their statistics and turn them in to the lead, who is responsible for all follow-up, compliance review, and scheduling cases if necessary.

Results

Total number of calls made 1566

Total number of “hits” (direct contact w/deft) 257

Total number of cases referred for rules 790

Total number of new wa’s 141

Total number of employee hours worked 630

Total number of nights worked 30

Total amount of collections $53,310.80

This is a cumulative figure from May 8, 2002 – December 31, 2002.

Participation via telephone – Interstate and Intercounty cases

Procedures developed for Plaintiff/Custodial Parent participation via telephone when Allegheny County/PA is the responding jurisdiction.

In order to facilitate the plaintiff’s participation via telephone in any scheduled conference and/or hearing on an interstate or intercounty case, Allegheny County developed an application form for the plaintiff to complete and return to our office. A copy of this form is attached.

This notice is mailed with all notices of scheduled conference/hearing. On UIFSA cases, the notice with application is sent to the initiating state. On IFSA cases, the notice with application is sent directly to the plaintiff.

We do not require that the plaintiff appear at his/her local child support enforcement office to participate via telephone. If the plaintiff returns the form with all of the required documentation, a call will be placed from our office to the number designated on the form.

This procedure has been successful – all plaintiffs with interstate or intercounty cases are informed of the right to participate via telephone. Participation via telephone has increased since implementation and we are able to obtain information directly from the plaintiff which otherwise may have caused a delay in the case. It is especially helpful since we first schedule a conference before a Domestic Relations Officer as an attempt to settle the case by consent of the parties – when the plaintiff participates by telephone, the likelihood of consent agreement increases. If the case does not settle and is scheduled for a hearing, this procedure has been helpful in gathering information for use by the IV-D attorney and in providing a phone number for the IV-D attorney to contact the plaintiff in preparation for hearing.

IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY

FAMILY DIVISION

___________________________________

Plaintiff PACSES ID#___________________

DOCKET #____________________

____________________________________

Defendant

PLAINTIFF’S APPLICATION TO PARTICIPATE VIA TELEPHONE IN A UIFSA OR IFSA CONFERENCE/HEARING

Please check the appropriate line:

___ This is a request for a telephone conference. The conference date is _______________________.

___ This is a request for a telephone hearing. The hearing date is ________________________.

A request for participation via telephone must be received at least seven days prior to the scheduled court date.

Telephone number, including area code, where I can be contacted on the day and time of the conference/hearing ________________________.

Is this number confidential? ____ Yes ____ No

** If your phone line blocks private numbers and you do not answer when we initiate the call, the conference will proceed without your participation **

I understand by making this request, I agree to:

1.) Be available at the telephone number provided on the date of the conference/hearing. If I am not available, the conference/hearing will proceed in my absence.

2.) Provide all required financial and medical insurance information as requested in the Order of Court scheduling the conference/hearing. The court must receive this documentation no later than seven days prior to the scheduled court date.

3.) Attach a copy of my driver’s license or other photo identification (i.e. passport, employee or school id) to this form for verification of my identity. (Note: If this verification is not provided, your request to participate via telephone may be denied.)

I verify that the information I have provided in association with this request is true and correct:

_________________________________________ Plaintiff’s signature Date

THIS FORM AND ASSOCIATED DOCUMENTS MUST EITHER BE MAILED TO THE ALLEGHENY COUNTY FAMILY DIVISION, UIFSA DEPARTMENT, 440 ROSS STREET, PITTSBURGH PA 15219 OR SENT VIA FACSIMILE TO (412) 350-7197. ANY QUESTIONS SHOULD BE ADDRESSED TO YOUR LOCAL DOMESTIC RELATIONS/CHILD SUPPORT OFFICE.

BERKS COUNTY

Expand use of Direct Deposit for Child Support

Berks DRO have been requested by the Bureau of Child Support Enforcement (BCSE) and the State Collection and Disbursement Unit (SCDU) to pilot efforts to expand the use of the Direct Deposit Option for clients to receive their support payments from SCDU. The pilot started on 4/1/03 and will run until 10/1/03. This pilot will target enrolling new and existing clients into the direct deposit program. After the pilot, the most successful methods will be summarized and reported to other Pennsylvania county DROs. The advantages of using the Direct Deposit option are numerous, such as no more trips to the bank, no lost checks, eliminate potential theft of their checks, no delays due to building closings, mail tampering or weather delays and the information is secure, confidential and protected by the PACSES systems security measures. The prior statewide outreach in January 2002 resulted in over 30,000 new enrollments through a mass mailing.

The Client Services Unit is instrumental to the first phase of outreach by surveying all clients visiting the office and supplying them with a survey form for the first four weeks along with a Direct Deposit Form. For the remainder of the pilot period, walk in and scheduled clients will receive forms and will be personally encouraged to enroll. Although the Client Services Unit will initiate the idea of using the Direct Deposit option, your job is to reassure clients that the system will benefit them in the long run. SCDU requires the enrollment forms to be approved by the client's bank and the form with original signatures are then mailed to SCDU. Depending on the response, later phases may include mass mailings to clients not yet enrolled. The special Direct Deposit Enrollment Forms (lilac colored) are available throughout the office for employee's use to encourage clients to use direct deposit.

Outreach efforts will also include inviting the local banking institutions and credit unions. The presentation will request their support and discuss solutions to the hurdles indicated by the client surveys. The banks can gain from this as well by establishing new customers and automating more of their deposit processing business. Early indicators say that "Free Checking" and instantaneous access to funds are needed from our banking partners. To solve the frequent barrier of no paper trail, a discussion item has been included to the Portal Development Team's next meeting agenda.

All efforts and activity in this area will be compiled during the pilot and used as a way to expand the program statewide. Although legislation does not exist to require clients to use Direct Deposit, our strong encouragement is expected to help it grow. The early reports indicate Berks has 20% of the cases with orders who had a payment in the last 60 days utilize Direct Deposit, about 2,000 clients. The reduced costs associated with the mail preparation and postage costs at SCDU could be significant while at the same time speeding up the receipt of the money to the families. If the 2,000 clients currently on Direct Deposit continue their participation, the savings of postage alone amount to over $21,000 annually assuming 1 payment per month. If 30% (approx 150,000) of clients receiving payments in Pennsylvania were to enroll, the postage savings would total at least $650,000 based on mailing 1 payment per month per family. Mail preparation costs at the state collection units are eliminated but additional costs are incurred through bank transaction charges.

If any county or state has a very successful strategy or legislative effort used to expand client's participation in Direct Deposit Processing, please forward your information to mposerina@countyofberks.com

Clarion County

When a petitioner appears at the Clarion County DRS to schedule an intake appointment on a paternity case. The intake worker interviews her to see if she has knowledge that the alleged father may want testing. If she indicates that he does want testing or may request testing, the intake worker requests that the petitioner, if possible, bring the alleged father with her to the intake appointment. If she does not feel he will come with her at that time, the intake worker then sends the alleged father a letter with his notice to appear for a conference. This letter informs him that if he wants testing to contact the office immediately so that the testing and the results can be accomplished prior to the conference. On many instances the petitioner knows prior to her intake appointment that testing is required and therefore we have both parties appear for intake and the testing is done at that time. After the results are received, the conference is scheduled or the case is dismissed.

This speeds up the process on establishing paternity and also establishing an order for support in a more timely manner. Clarion County does their own buccal swab.

Centre County

Pennsylvania Justice Network(JNET)

Since October 2000, enforcement staff of Centre County DRS have been able to enhance their locate and identification processes by obtaining vital criminal offender records through the Pennsylvania Justice Network(JNET). The ability for county personnel to effectively and efficiently gain access to the extensive criminal justice records/data via JNET is unprecedented. Centre County DRS is the only DRS state-wide to have JNET capabilities on-site in the local child support enforcement office and was the first Centre county office, after the pilot project in the Centre County Criminal Justice Planning Department, to roll-out JNET to its enforcement staff. A stand-alone computer in the DRS connects into the JNET/County network by means of highly secured/encrypted Internet/Web based technology.

The JNET infrastructure provides the DRS access to multi-database of nine(9) state agencies' designated records: AOPC, BOP, DOC, DPW, JCJC, OAG, PBPP, PCCD, and PennDot. JNET provides the following information: case-file transfer, digital mug shots, PennDOT photo images and drivers license information, State Identifier Number(SID) with fingerprints and Offense Tracking Number(OTN).

JNET features include but are not limited to:

* Accurate offender identification through the use of digital photos and other profile identifiers such as Name, Date of Birth, Social Security Number, State Identifier Number(SID) and Offense Tracking Number(OTN)

* The ability to verify past and/or present criminal offender charges, detainers and warrant status in other PA criminal jurisdictions

* Secure and confidential data exchanges

* Coordination and cooperation between various agencies to track offenders

* Timely decision-making in order to apprehend defendants

* Receive timely criminal event notifications electronically such as arrests, warrants and wants on offenders under county or state supervision

* Cost effectiveness and reduction in redundancy and errors by improving the management of record data

Currently, thirty(30) state agencies, twelve(12) federal agencies, and at least twenty-two(22) counties are JNET members. A combined total of more than 5,500 law enforcement personnel are currently enrolled to receive JNET.

The criminal justice process begins in and affects our communities; therefore, the county and local personnel ultimately become the foundation, as well as beneficiaries, of the JNET. Child support enforcement staff benefit from this predominantly criminal justice network by working synergistically with the information provided to provide personal service of court documents, locate absent parents and arrest defendants who have outstanding bench warrants.

Cumberland County

Imaging Project

The Federal mandate requiring states to implement statewide computer systems in theory was designed for a variety of reasons. One of those reasons was to accomplish a paperless office. In Pennsylvania, with 67 different Domestic Relations Sections, the need to design a system to accommodate so many varied ways of functioning actually caused a dramatic increase in the amount of paper consumed. This increase was needed to perform necessary court functions not only from a legal perspective but also from a concern for uniformity across judicial jurisdictions.

Many counties have found themselves vastly limited in actual office space due to the need to maintain increasingly numerous hard copy documents. With an increase in cases each year as well as more documentation, it is necessary that alternate business practices be developed to ease the burden. In Cumberland County we approached this need by looking for an alternative that would allow, not only ease of access, but also unlimited access. We wanted something that would be secure, accurate, quick, and have sufficient storage space for future document storage.

We, with our private vendor, developed a business process which we believe accomplishes the task at hand. First we developed a system where every document that comes into our office is categorized with a form number, and is indexed into the laser fiche system so as to reduce the happenstance that errors of transposition will occur. Each item, whether one page or four, is indexed into our laser fiche system. This process, although seemingly time consuming, in reality takes a very short period of time. A cross check allows verification that date entry is accurate. Once there it will always be readily accessible.

Each item when indexed in can be cross referenced, by date, chronology, form number, and by case number. All PACSES forms already contain a form number. We developed a form number for everything that comes to our office, and can readily identify whether the item is from a client, an employer, or an attorney. The data entry is limited, and items are batched in or entered in single increments. This allows for rapid access when calls come in and questions are asked. Any question on items already imaged in can be answered through ready access at the individual's desk through their desktop PC.

Inputting batches of information takes minutes. We are inputting in excess of 1000 items on a daily basis. From a business perspective we decided to go forward with imaging as opposed to doing historical documents. It seemed the logical business decision for our circumstance. With a staff of 37 and a large caseload we felt that most information needed was information regarding some recent circumstance and so the great majority of need would be for recent information already imaged. Any cases opened after November 20, 2002, will no longer have a working case file. We will retain a hard copy docket file.

Due to security reasons, laser fiche does not access the PACSES data base, but a simple toggle to the laser system brings up any document within seconds. We no longer will need to be concerned about lost files. We no longer will need to be concerned about secure information being passed along to the incorrect party due to the ability to redact sensitive out instantaneously.

We continue to work through internal procedures and tweak the program. We do this so that in the future when other counties have the need to proceed down the same road, major problems have been flushed out and the implementation should be relatively seemless after accommodating any local procedural idiosyncrasy.

Dauphin County

The Dauphin County Domestic Relations Office developed a policy and procedure manual to ensure uniform operation of the office. The manual is based on the Commonwealth's policy and procedure manual. That manual provided the outline of what would be included in the local manual. From there we included local rules of court and internal office policy and procedure. Each unit provided information their outlining duties and responsibilities. The manual’s editor included the information in the relative chapter. For the most part, each unit's function and role went into a chapter titled for that unit (client services, fiscal, enforcement, etc.) Also included are applicable state and federal law and regulations, Department of Public Welfare Domestic Relations Section memoranda, court policies and internal office memoranda. The manual includes a glossary, index and appendix.

Here is an outline of contents:

· Dauphin County Domestic Relations Section Mission Statement

· Dauphin County Values

· Confidentiality Agreement

· Conference Officers Duties

· Code of Civility

· Glossary

Chapter I through 12 are titled:

· Introduction to Dauphin County Domestic Relations Administrative Policy and Procedure Manual

· Organizational Structure

· Case Initiation/Client Services

· Locate

· Case Establishment

· Enforcement

· Case Closure

· Statistical/Fiscal

· Administrative guidelines

· Record Retention and Maintenance

· Safeguarding Information and Security

The manual is updated annually.

Erie County

Night Court

Ø The program started on January 15, 2003.

Ø Time frames:

1. From 4:30pm until 5:00pm, employees can move their cars to a parking lot adjacent to the building, get something to eat, go to bathroom, etc.

2. Official evening office hours are from 5:00pm until 8:00pm, official employee hours are from 4:30pm until 8:30pm, four hours.

3. Customers are seen on a first come, first serve basis.

4. Phone calls are received during the time frame at a specific advertised number.

Ø Services Offered:

1. Intake – New petitions and modifications, answer any questions.

2. Financials – Accept purge and fee payments, information requests, answer any questions.

3. Enforcement – Meet with clients, answer any questions.

4. Conference – Just answer any questions, nothing scheduled.

Ø Personnel: 18 DRS employees and 2 Deputy Sheriff’s:

1. Intake – Three employees to take petitions and mods, one clerical, one manager.

2. Financials – One employee on the payment window, one employee at the reception desk, one employee in the file room, one employee manning the telephone, one manager.

3. Enforcement – Two officers to meet with clients, one clerical, one manager.

4. Conference – One employee to answer any questions, one clerical.

5. Directors – Director, Assistant Director, or Office Manager.

6. Sheriff’s Department – One Deputy at entrance to the building to screen clients through metal detector, one Deputy stationed inside DRS in case of violent situations.

Ø Employee Payment:

1. Employees are given one hour of “comp” time for every hour worked, to be used in place of vacation time only. The comp time can only be used with the approval of their supervisor.

2. If the employees are sent home early because of lack of clients, the employees will be given the full amount of comp time. If the employee leaves early, they will only be given the amount of comp time earned.

Ø Number of Clients Served:

1. January: 3 Nights = 26 clients and 23 phone calls.

2. February: 4 Nights = 50 clients and 19 phone calls.

3. March: 4 Nights = 47 clients and 15 phone calls.

4. April: 2 Nights = 39 clients and 5 phone calls.

5. Intake

a. January: 3 Nights = 15 actions.

b. February: 4 Nights = 28 actions.

c. March: 4 Nights = 20 actions.

d. April: 2 Nights = 13 actions.

6. Enforcement

a. January: 3 Nights = 8 actions.

b. February: 4 Nights = 5 actions.

c. March: 4 Nights = 10 actions.

d. April: 2 Nights = 7 actions.

7. Financials

a. January: 3 Nights = 3 actions.

b. February: 4 Nights = 14 actions.

c. March: 4 Nights = 13 actions.

d. April: 2 Nights = 16 actions.

8. Conference

a. January: 3 Nights = 0 actions.

b. February: 4 Nights = 1 action.

c. March: 4 Nights = 2 actions.

d. April: 2 Nights = 3 actions.

9. Telephone Calls – 62 total phone calls, detailed as follows:

a. Intake: 10 total phone calls.

b. Enforcement: 16 total phone calls.

c. Financials: 18 total phone calls.

d. Conference: 18 totals phone calls.

Ø Observations:

1. It was a harsh winter in Erie County, and Wednesday nights were usually the worst night of the week.

2. Most nights, the employees were sent home at 7:30pm, but given the entire 4 hours of comp time.

3. The Professional Union, ECAPE, made an issue of only union employees doing union classed jobs. We had to train Enforcement Officers to do intakes to cover the shortage.

4. This is a totally volunteer program.

5. The President Judge had a Press Conference to announce this program, emphasis on “Customer Service” to taxpayers, we had some media coverage as well as a newspaper article.

6. Sent out 5,000 inserts to announce this program and although the numbers seem to be increasing with the better weather and more sunlight, we need to find a inexpensive method to keep advertising this program.

Indiana County

1. WEB Site - Indiana County has the child support web site printed on all stationary and envelopes.

2. CONFIDENTIALITY - To ensure client confidentiality when a client comes to the window to inquire about a case, we have them write their social security number down as opposed to saying it so that no other clients or person in the waiting room hears it. The paper is then shredded when we are done working with the client.

3. AGREEMENT FORM - The Indiana County DRS and local Bar Association developed an Agreement form and instruction sheet. If the plaintiff and child/ren are not receiving cash assistance, the plaintiff and defendant enter the conditions of their support order without requesting a conference on the agreement form. The parties stipulate the amount of current support, arrears payment, party providing medical coverage and proportionalization of unreimbursed medical expenses. The DRS then enters an order of court based upon the parties' agreement. The agreement may be changed at anytime. The clients, DRS and local Bar Association are very pleased with the results of this Agreement form.

4. PUBLIC RELATIONS - The Indiana County DRS staff attorney and a member of the DRS staff, upon request of another agency, will go on site to give an overview of how the office functions and answer general questions about the DRS office. Handouts and pamphlets are available. This helps keep other agencies and the public informed on how to obtain DRS services and also any new policies.

5. COLLECTION AGENCIES - When we receive an agreement from a plaintiff that has hired a collection agency to collect s/he's support, we will not change anything until we send our form letter and administrative order to the plaintiff. Upon the collection agency complying with our administrative order, we will make the necessary changes on the computer system.

Letter to the plaintiff - The letter states we received s/he's signed agreement with a collection agency. We enclose a copy of our Administrative Order and state the plaintiff must satisfy all requirements before we can comply with the request.

Administrative Order - 1. The Domestic Relations Section shall allow child support collection agencies the same access to client files as are permitted other client representatives (i.e. attorneys) upon presentation of a release signed and notarized by the Plaintiff.

2. The Domestic Relations Section honors a written change of address form which permits checks to be sent to the collection agency only upon the compliance with the following by the collection agency:

(a) The collection agency must present a signed and notarized authorization from the Plaintiff. The authorization must expressly state that the Plaintiff understands that checks will be sent directly to the collection agency instead of to the Plaintiff. The authorization must also state that it can be revoked at any time without the consent of the collection agency upon no more than five (5) days notice to the collection agency;

(b) The collection agency must present proof that all collection agency employees who handle money or have check-writing authority are bonded against theft or other acts of dishonesty in an amount no less than $250,000.

(c) The collection agency's agreement with the Plaintiff must provide that payment will be transmitted to the Plaintiff, minus fees and costs, according to the following standards:

i. within 24 hours for cash, bank checks, certified checks or similar instruments whether local or out-of-state;

ii. within three (3) working days for other in-state checks;

iii. within ten working days for other out-of-state checks.

(d) The collection agency's agreement with the Plaintiff must provide that no fee or costs will be charged on collections resulting from payment of support which is less than 30 days past due, payments from income attachments initiated by the DRS, and payments resulting from local Court enforcement proceedings such as contempt;

(e) The collection agency's agreement with the Plaintiff must provide for no contingent fee.

3. Child support collection agencies will not be permitted to file Praecipes and Petitions with the Court.

6. LOCATE PRACTICES - Manual Locates are given to Locate Enforcement Officer (EO). From there Locate EO goes through these steps to obtain information.

(a) Interview with plaintiff

(b) Phone interviews or phone scams with other parties familiar with defendant

(d) J-net, driver's license information

(e) Credit Bureau

(f) CIS-welfare system

(g) Locate forms on PACSES system, FTPR for blank forms

(h) Create a good working relationship with other agencies to obtain information.

i. State Prisons and County Jails

ii. Law Enforcement agencies: State Police, Sheriffs Office, Probation, Local Police

iii. Prothonotary's Office

Locate EO then keeps record of the members he did manual locate work on and who he actually located.

Jefferson County

LOW INCOME LITIGANTS

(The following is a summary of an article presented at the Domestic RelationAssociation of Pennsylvania Annual Conference in the Fall 2000.)

A tremendous challenge exists for courts in rural Pennsylvania to issue orders of support which are fair, just and reasonable for both the obligor and obligee. The challenge arises because of the depressed economic conditions of the local economies, such conditions being reflected in the litigants that appear before the courts. In general, all of rural Pennsylvania is experiencing a decrease in population over the last fifty years. Fewer rural residents have high school diplomas, and still fewer have post-secondary degrees, as compared to the more populated counties of the Commonwealth. As expected, the medium household income in rural Pennsylvania significantly less than more populated counties. The economic conditions of rural Pennsylvania are reflected in the financial profiles of the litigants appearing in court. For example, in Jefferson County, Pennsylvania, statistical information was compiled of the income levels of litigants in child support cases from January 1 through September 30, 2002. Startling levels of impoverishment were revealed, which confirmed the above statements.

Liability for payment of support is statutorily based, with statewide guidelines established by the Supreme Court of Pennsylvania. The reasonable needs of the child seeking support and the ability of the obligor to provide support are the goals of the guidelines. Primary emphasis is placed on the net incomes and earning capacities of the parties with allowable deviations for unusual needs, extraordinary expenses and other factors. A rebuttable presumption is created that the amount of the support derived from the application of the Statewide Guidelines is the correct amount of support to be awarded. The support award may be rebutted only upon findings on the records that the application of guidelines would be unjust or inappropriate in a particular situation.

Nine separate and distinct factors may be considered under the rules as a basis for deviation of the amount of support derived by the support guidelines. In addition to those considerations, the guidelines have shown that an obligor requires $550.00 net income per month to provide for basic personal needs. This has been termed the Computed Allowance Minimum or CAM. The goals of CAM are to ensure that the overall support obligation leaves the obligor with sufficient income to meet basic personal needs and to maintain the incentive to continue working so that support can be paid.

Given the demographics of rural Pennsylvania in general, and the economic profile of Domestic Relations Section litigants in Jefferson County in particular, a support order which adequately meets the needs of the child is difficult to achieve. If an obligor earns minimum wage, full time, his net income is simply not enough to provide for the needs of a subject child as well as his own.

The difficult process of entering an order of support for litigants whose net income is low begins with a determination of that income or earning capacity.

Where the litigant’s actual income is at least more than full time minimum wage, that income is used as a basis for the guideline calculation, unless, there is a well-founded argument that the litigant has a higher earning capacity. However, in the event that the litigant’s actual income is less than full time minimum wage, the actual wage will only be used if one of the following situations exist: The litigant receives Social Security Disability benefits; the litigant is either fully or partially disabled; or, the litigant is precluded from full time employment for some non-disability related reason. If none of the above exists, the litigant is imputed with a full-time minimum wage earning capacity.

Subsequent to the imputing of a minimum wage earning capacity, or where an actual income is low, in an effort to reach a fair and reasonable monthly support order, both parties are requested to discuss their actual income and expenses.

At this point in the conference, the parties may reach an agreement which sets an amount of monthly support that meets the reasonable needs of the subject child while not causing undue financial hardship upon the obligor. However, if no agreement is reached, than an inquiry as to the factors provided under the Support Guideline Deviation is conducted. The following is a partial list of inquiries: Additional household income of either litigant, disabilities or special needs of the litigants or subject child; medical expenses not covered by insurance; school loans; adult children of the litigants which are supported in whole or in part; or which reside in the household; partial custody issues; transportation issues; bankruptcy filings, proposed or recent; uninsured losses of litigants; criminal fines and probation costs.

The child support guideline calculation based upon the litigants’ actual or imputed income provides a support award. An inquiry into the above factors may provide the basis to rebutting the support award in the event that said award would be unjust or inappropriate in a particular case. The difficulty, of course, is deciding the amount of the deviation, if any, based upon the findings that a deviation exists. Obviously, no general rule or guiding principle exists in such cases. Rather, the amount of the support award is based upon particular findings in the subject case after expending time and effort in ascertaining the litigants’ particular situation. Hopefully, the support award satisfies the stated goals of the statute and guidelines, as well as the needs of the litigants.

Entering an order of support in low income cases is a difficult task, much time and effort may be expended into a detailed inquiry with litigant’s particular situations required to make certain that the order of support is just and reasonable

Lancaster County

Client Reminder Project

Introduction

Over the past few years, Lancaster County Domestic Relations Section (DRS) has noted an increase in the number of clients who do not appear for scheduled conferences, genetic testing and Court hearings. While it is obvious that in many cases the non-appearance of clients can impact the ability of the DRS to establish a non-custodial parent’s support obligation or may result in the dismissal of a support action, less obvious is the impact that non-appearance has on the ability of the DRS to establish support obligations which are appropriate based on the circumstances of a particular case and the impact this may have on order compliance and further case litigation. DRS management developed a tracking tool to monitor client attendance beginning in April 2002.

The initial approach to increase client attendance involved some re-organization of staff resources and revision of DRS policies as a means to shorten the length of time between the date of scheduling and the actual appointment. While this approach was extremely successful in shortening the time lapse for most scheduled appointments from 10-12 weeks to 3-5 weeks for most cases, it did not significantly alter the non-appearance rate of clients (though it did increase DRS performance in other areas). Thus the process began to devise another strategy for addressing this issue.

Program Development and Description

DRS management revisited this subject and engaged in a brainstorming session to identify potential solutions. Early in this process, comments which had been recently made by Dr. Sherri Z. Heller, Commissioner of the Federal Office of Child Support Enforcement, at a speaking engagement became the focus of discussion. In her comments, Dr. Heller suggested how the simple process of calling clients on the telephone can be a useful tool which is underutilized by child support enforcement agencies in this era of automation. Management recalled how telephone reminders of scheduled doctor and dentist appointments have been a routine service for many years. Would a similar program implemented by the DRS to provide this service to clients provide a possible solution to the identified problem?

A pilot program was developed. The development of the pilot began with an analysis of the number of daily appointments in order to determine what staffing commitment would be required to enact the program. It was determined that one staff member would be sufficient to contact all scheduled clients within the scheduled work day. Management then evaluated unit performance and staffing to identify what reorganization of resources and assignments was possible to dedicate the needed staff member to the project. Additional assignments were identified that this staff member could perform on a daily basis after completing assigned reminder calls. A more detailed measurement tool was developed to verify the success of the pilot program. Prior to implementation of the pilot program, the DRS utilized the revised measurement tool to establish a baseline against which program success could be measured. Finally, a written procedure (attached) was developed for the staff member outlining the program parameters and to provide specific scripting for the staff member to use when calling.

Results

In February, 2003, a baseline study was completed which documented that approximately 37% of all clients directed to appear for DRS appointments failed to appear. This baseline factors out clients who would are not required to attend proceedings (such as custodial parents filing UIFSA actions). The pilot program was commenced in March, 2003.

During the month of March, 2003, the designated DRS staff member was able to make contact with 54% of scheduled clients. The percentage of clients who failed to appear for DRS appointments fell to under 28% of those scheduled during the month of March, 2003. Particularly notable is the marked reduction in non-attendance for genetic testing which during March, 2003 was a mere 7%.

During the month of April, 2003, DRS staff was able to contact 56.5% of scheduled clients and the percentage of client who failed to appear had declined even further to 24.5%.

The staff member assigned to this case has reported positive feedback from DRS clients who have frequently thanked her for reminding them of the appointment and commented on how nice it was to receive a personal phone call. Some clients have had questions or issues about the scheduled appointments. These cases are referred to assigned staff members so that appropriate actions can be taken in advance of scheduled appointment resulting in a more positive outcome.

During a meeting with Sr. Conference Officer staff on April 11, 2003, a suggestion emerged to modify the script to include a reminder to obligors to bring cash, money orders or cashiers checks when they are scheduled for contempt proceedings. A script was drafted and implemented on April 14, 2003. Since the script has been revised, Conference Officers have noted an increase in cash collections during contempt conferences. One Conference Officer excitedly reported that she got a cash collection on every contempt case scheduled on a particular date. Another Conference Officer reported collecting $2,800.00 from her scheduled contempt conferences - four times more than she had ever collected. While it is too soon to empirically determine the impact of this reminder on the actual support collected, many Conference Officers have reported similar positive results which not only contributes to increased collections but to employee morale.

DRS Client Reminder Project- Further Details

Objective: To increase client attendance at scheduled conferences and scheduled hearings.

Implementation: Designated DRS staff member will contact all clients 2 days prior to the scheduled conference or hearing (excluding Plaintiff’s on UIFSA, IFSA, Juvenile Probation and Children & Youth cases). Staff member will maintain documents to track which clients were contacted. Staff member will also document which clients appeared after receiving the reminder notice. The project will commence on March 3, 2003.

Procedure:

DRS staff member will print SATL screen which lists all scheduled events involving DRS cases

1. Staff member will review all cases to identify interstate cases, inter-county cases and foster care cases. Home phone numbers will be noted from DEMO screen for all parties expected to be present at scheduled event. Staff member will not call Plaintiffs who have filed a support action through another county or state or Lancaster Co. Children & Youth or Lancaster Co. Juvenile probation since their attendance is not required. In these cases, staff member will only contact Defendant who is required to attend.

2. Staff member will call home phone number of scheduled client. Once they have client on the telephone, staff member will identify himself/herself and indicate he/she is calling to remind client of hearing/conference/ genetic test etc. Staff member will provide client with the day, date, time and location of the scheduled event.

3. If client is not home, staff member will inquire with person answering phone whether client continues to reside at that address or whether there is updated telephone number and/or address for client.

4. If client still resides at address, leave message advising date, time and location of event with person answering call. Though we are giving the appointment information, staff member will not release any other information to person answering call about what is scheduled or answer specific questions.

5. If number no longer valid, delete it from PACSES. If new number is provided, attempt to reach client at that number before adding to database.

6. If answering machine is reached and outgoing message confirms we have reached client, staff member will leave message on machine for client detailing the day, date, time and location of scheduled event.

7. If answering machine does not confirm identity, staff member will identify self and leave message that he/she is calling to remind ‘you’ of the conference/hearing/genetic test, etc. The day, date, time and location of the scheduled event will be left on the message, however, the name of the client called will be omitted in the event that telephone number of record is erroneous.

8. Invalid or disconnected telephone numbers will be deleted from the DEMO screen.

9. A brief case note will be entered in PACSES documenting that: a) client received a reminder call; b) a voice mail message was left for client; c) reminder attempted to make reminder call, but no answer; d) telephone number on record is invalid, disconnected or that DRS has no telephone number for client.

10. Staff member will answer general questions from clients related to the scheduled events including information on DRS continuance policy; DRS telephone testimony policy;