Pennsylvania Domestic Relations Sections
Best Practices in the Child Support Program
Pennsylvania Best Practices 6 (July 2005)
Pennsylvania Domestic Relations Sections
Best Practices in the Child Support Program
Berks County
Berks County has developed an effective innovation. They simply send a standard system generated letter requesting social security number, address, date of birth and employer information. They use Establishment Menu Option 029, Information Request-deft. At the end of 10 days, the establishment worker forwards the alert to the locate worker to update the diary with either no response, or response received.
Bucks County
Law Reviews
Bucks County Supervisors present 60-minute Law Reviews bi-monthly to Officers, Clerical and Customer Service representatives. All employees are required to attend the Law Reviews. Each Law Review covers a section of the Pennsylvania Rules of Civil Procedure, related laws and BCSE procedure. Subject matter, based on what is a "hot topic" in our office, has included Juvenile Probation/Children and Youth cases, IFSA, UIFSA and Paternity Establishment/Disestablishment. The Law Reviews become Bucks County DRS procedure and can be referenced by all staff. The program is being expanded to include specialized programs for supervisors regarding management skills.
The Law Review Goals are to:
·
Educate DRS staff on PA Rules of Civil Procedure, case law and procedure·
Ensure uniform application of the law·
Focus on what staff NEEDS TO KNOW to do their job well·
Provide a baseline to measure results and changes·
Provide reference material for staff
This is a Best Practice because information is presented to staff in a timely and consistent manner; staff is more knowledgeable; and staff is more confident in applying the law. The Law Reviews are also the perfect forum for discussion.
Intranet
Bucks County maintains our own intranet for all DRS staff. The intranet is updated daily and provides organizational chart, phone list, all training materials, 2004 and 2005 BCDRS policies and procedures and the Law reviews.
The intranet provides:
·
Organization·
Easy access·
Improved communication among staffCentre County
Centre County Domestic Relations Section has become a receiving agency partnered with Centre County Toys for Tots campaign. After the Holiday season is over, the remaining toys that can not be placed with children are distributed to the county social service agencies to use in their waiting rooms and/or to distribute to clients. For the past 5 years, Centre County DRS has been a fortunate recipient of these remaining toys.
We, along with other departments like Children and Youth Services, Infant Evaluation Program and other counseling agencies, meet after the Toys for Tots campaign to pick up toys to use in our agencies. DRS accepts enough toys so that every child who attends an intake or support conference with an adult leaves our office with an age-appropriate, safe toy in hand. We believe this helps take what may be a difficult interaction between some parties and turns it into a positive experience for the child. It also helps the clients to understand that this office does strive to put children first.
Delaware County
Video Conferencing for 72 Hour Hearings and Paternity
Per the rules of civil procedure any defendant who is apprehended on a child support bench warrant and has not been sentenced, must be brought before the courts for a hearing within 72 hours. In order to cut down the amount of sheriff transports from prison to court, Delaware County Domestic Relations conducts 72 hour hearings by video conference with their local and state prisons. This procedure allows the sheriffs more time to focus on serving child support bench warrants rather than wasting valuable time transporting prisoners for court. Moreover, if a defendant is released, per the judge, at the hearing the actual time of release is much quicker than if the defendant were in court and had to be transported back to the prison before being released.
When a defendant is apprehended on a bench warrant, the sheriff’s office notifies the Domestic Relations warrant team and brings the defendant to the prison. Delaware County Domestic Relations has a team of three officers that strictly work the bench warrants and prepare the appropriate paperwork for the court for the 72 hour hearing. The warrant team also notifies the office of support enforcement (IV-D attorney), the public defender, audio visual, private attorneys involved and the plaintiff of the hearing. All 72 hour hearings are held on Monday, Wednesday or Friday at 2:00pm. The audio visual department notifies the appropriate prison of the hearing, which is conducted in a video conference room in the court house. Once the judge renders the decision the warrant officers docket the information on PACSES and proceeds accordingly per the judges order. If the judge orders the defendant released the warrant officer faxes the release over to the prison, if the defendant is sentenced he remains at the prison until the conditions of the sentence are met, and if the defendant is ordered released but must appear at a future contempt hearing the prison will have the defendant sign to appear for the date and send it back to the warrant officers before being released.
In the event that a defendant walks in the Domestic Relations office with a bench warrant on the morning of a 72 hour hearing and is not sentenced, the defendant is held in the holding cell and will be brought before the judge live at 2:00pm.
As for paternity issues if a Domestic Relations staff member comes across a case in which paternity has not been resolved and the alleged father is incarcerated in either the county or state prison a video paternity conference is conducted. This also cuts down the amount of transports the sheriffs have to conduct, especially on the state prisons that may be far away.
When an alleged father is located in prison a conference officer not designated any conferences for that day (floater) prepares the jailed defendant packet from PACSES (option 308 from ESTM) and forwards the information to the audio visual department for scheduling. The audio visual department receives the paperwork and faxes a copy to the prison to coordinate scheduling. Once a date and time is agreed upon audio visual notifies the establishment supervisor of the video conference. On the day of the scheduled video conference a conference officer not assigned to conferences for that day (floater) will conduct the video conference at the audio visual office. The conference officer advises the alleged father of his rights to paternity and has the alleged father sign the appropriate form according to whether he wants to acknowledge paternity or take a buccal swab test. The prison will fax back a copy of the form the alleged father signed and mail back the original. Once the conference officer returns back to the office they docket the case and proceed with the next step. If the alleged father acknowledges paternity the conference officer has him sign to appear for a support conference after the expected release date (this is also done at the video conference). However, if the alleged father requests genetic testing the conference officer contacts the prison in regards to whether they allow the lab to conduct testing at their facility. If the prison allows testing the lab will cooperate with the testing, if the prison does not allow the lab in to conduct genetic testing the alleged father will be transported to the Domestic Relations office on the first available date for testing. The officer will then contact the plaintiff in regards to scheduling the child and mother for testing.
It has been our experience to contact each state prison individually to see what there procedure are in accordance with genetic testing and video usage.
Erie County
NEW ORDER ENFORCEMENT
OBJECTIVE: To collect support monies due and owing in a timely fashion, from the effective date of the court order.
PROCESS AND TIME FRAMES
When the Notice to Appear is mailed to the Defendant, it is noted that they must be prepared to pay for arrears once the order is established at the time of Conference.
After the order is established by the Conference Officer, they will ask the defendant for payment of the arrears. If the defendant has the payment, they will be escorted to the payment window; if they do not have the payment, the Conference Officers tell them that they have two days to make the payment or they will be contacted by Enforcement.
Two days after a court order is entered, and no payments received, a letter will be issued to the defendant identifying the arrearage amount and a request for payment immediately.
Five days later after the first letter is sent and no monies are received, a court order would be sent to the defendant requesting he/she appear in the Enforcement Office 10 days. The letter would stipulate an amount to be brought to the appointment.
If defendant fails to appear for the scheduled appointment, a Petition for Contempt would be generated for his/her appearance in Contempt Court 20 days.
If defendant appears but fails to remit a sizeable payment or defendant fails to sign a payment agreement, he/she will be personally served with a petition for Contempt of Court at that time.
Procedure for CHIP
Problem: Rule 1910.16-6(b)(3) states the non-custodial parent bears the initial responsibility of providing healthcare coverage for the children if it is available at a reasonable cost on an employment-related or other group basis. The National Medical Support Notice (NMSN) is a tool used to help secure medical coverage for children, but only helps when the parent ordered to provide coverage is employed, the employer provides coverage, and the cost of coverage is not excessive. Reasons medical coverage is not provided may include: the defendant/plaintiff are unemployed, the medical coverage is not provided by either parties employer, the defendant is incarcerated or can’t be located etc. In an effort to assist parties to comply with their court order and in an effort to increase our performance DRS staff will provide the plaintiff with the application for CHIP coverage.
Program: The Chip program is operated by Capital BlueCross and provides free or low cost health care coverage to children. CHIP is funded by the Commonwealth of Pennsylvania. The following eligibility criteria apply:
• Child is 18 or younger and
• has been a resident of Pennsylvania for at least 50 days (except newborns) and
• is a U.S. citizen or a lawfully admitted alien with permanent status and
• is not eligible for or covered by Medical Assistance or enrolled in another private insurance plan and
• Meets age and income guidelines (see CHIP guidelines)
The plaintiff/custodial parent must apply for the CHIP benefits. The defendant/non-custodial parent is not eligible to apply for CHIP.
While this program is funded by the state of Pennsylvania, it is not welfare/medical assistance.
Procedure: If during Initiation, a conference, or in CMSU it is discovered that the defendant and/or plaintiff do not have or are unable to obtain medical coverage, for the child(ren), for reasons similar to those listed above, the following procedure should be followed.
1. Review MINS screen verifying whether insurance is provided.
2. Explain, in detail, the CHIP program to parties; provide brochure and application.
3. Have plaintiff read thoroughly and fill out the CHIP application, preferably while in the office (help plaintiff as needed).
4. Advise other party they may stay while the CHIP application is completed, if they desire, (in order to avoid the appearance of ex parte communication).
5. Inform plaintiff they need to contact DRS within 7 days of status of eligibility for the CHIP program.
6. Mail application from DRS office (envelope in application packet is postage-paid).
7. It will take at least 4-6 weeks for plaintiff to receive results of their application.
The CHIP program is either free or at a low cost, premium.
On-line applications are available at
www.capbluecross.com Click on products on the menu to the left of the page then click on CHIP
JOB SEARCH DRS POLICY
PROBLEM:
Unemployed defendants (noncustodial parents) who have marketable job skills often are not aware of the best way to present these skills to potential employers. By restricting their job search to newspapers or the Internet, their prospects for employment may be limited. In the past, these individuals were scheduled to appear at contempt conferences and/or before the Court with few if any positive results. Support payments were unable to be made. In addition, establishment of a financial obligation may be delayed due to the unemployed status of the noncustodial parent.PROGRAM: The Lancaster County Domestic Relations Office and the Lancaster Employment & Training Agency (LETA), located at the Lancaster CareerLink, have joined to develop a referral process which will provide individuals with the services needed to find employment. The Domestic Relations Office will make the above-mentioned individuals aware of the free or low cost services available through LETA and the CareerLink. The primary services being targeted are LETA’s Job Club program, but other levels of job search services are available.
When targeting defendants for referral to Job club they should possess the following characteristics:
24574. Ability to speak read and write English.
24575. Have minimal, or higher, work history and be unemployed
24576. Able to attend all scheduled Job Club hours until employment is found
Job Club orientations are held every Friday from 10:00 – 12:15 (except holidays) to discuss Job Club and the three levels of career services available at LETA and the CareerLink. They include:
Core Services - are available to the general public with No Eligibility Requirements. The large majority of these services are offered through the CareerLink’s Career Resource Center and are self-directed. Services may include the use of computers to access the CareerLink and other job search web sites, limited free fax and telephone use for job search and workshops and seminars on job search techniques.
Intensive Services – are available to Eligible individuals who may require more one-on-one help in finding a job. These services are operated by LETA and may include Job Club, Career Center, career counseling, and assessment
Training Services - are available to Eligible/suitable individuals who may need to upgrade their skills, through short-term skills training, to find suitable employment at a self-sufficient wage. These services are operated by LETA. Courses are offered at local schools which may include, but are not limited to, Licensed Practical Nurse (LPN) training, Commercial Drivers License (CDL) training, and office/clerical training.
LETA staff determines eligibility. Federal, state, and local guidelines are used to determine eligibility/suitability for services. With this being said, eligibility/suitability is decided on a case-by-case basis.
PROCEDURE:
A. CASE MANAGEMENT UNIT OFICERS
1. Identify defendants through enforcement alerts—no EHIS, no OINC, no payments and walk-ins who appear at DRS to report they are unemployed, the officer will provide basic information on opportunities at Job Club/CareerLink along with directions to LETA/CareerLink (attachment #2), Job Club brochure (attachment #3) and Blue appointment slip (attachment #4).
2. Do not send non-compliance notice, send LETA/Job Club letter (attachment #5).
3.
4. Fax to Job Club the Lancaster County DRS/Job Club Referral and Follow-up Form (attachment #1), with top section and part A., reason for referral and appointment time completed, to the attention of Karen Buynak at (717) 291-4571. Fax receipt is to be sent to Joe Shiffer for the purpose of statistics and follow-ups.
5. Follow steps 6 through 10 in section B. Begin enforcement proceedings if defendant fails to follow through with referral to Job Club.
B. CONFERENCE UNIT OFFICERS
1. When during the course of an establishment or enforcement conference an unemployed defendant is identified, the conference officer will provide basic information on opportunities at Job Club/CareerLink and will also have defendant sign and date the Lancaster County DRS/Job Club Referral and Follow-up Form (attachment #1). The conference officer will also provide directions to LETA/CareerLink (attachment #2), Job Club brochure (attachment #3) and Blue appointment slip, to be scheduled for upcoming Friday orientation, (attachment #4). Continue conference and personally serve defendant for a follow up contempt conference.
2. Recommended order: defendant is scheduled for Job Club orientation Friday’s date at 10:00am. Continue contempt conference and personally serve defendant for a follow up contempt conference.
3. Unemployed defendants who do not appear for contempt conferences should be scheduled for a contempt court hearing or issue bench warrant if proper service has been made.
4. Fax to Job Club the Lancaster County DRS/Job Club Referral and Follow-up Form (attachment #1), with top section and part A. , reason for referral and appointment time completed, to the attention of Karen Buynak at (717) 291-4571. Fax receipt is to be sent to Joe Shiffer for the purpose of statistics and follow-ups.
5. Reminder calls will be made to defendants referred for Job Club orientation at least 2 days prior to the actual scheduled date of the orientation. Reminder calls will be performed by Joe Shiffer. In his absence, Diane Herr will ask CSR’s or clerical staff to make the follow-up calls.
6. Job Club staff will fax the Lancaster County DRS/Job Club Referral and Follow-up Form with section A. Referral Follow-up completed notifying the DRS office as to whether the defendant did or did not appear for Job Club orientation and the date and time the defendant signed up for intake. The form will be faxed to Joe Shiffer at (717) 295-3513. Input faxed information onto the Job Search Referral Tracking file in Excel on the M drive.
Defendant did not appear - Check EHIS, OINC, IATT, and LEMR screens on PACSES to check on employment and wage attachment status. If employer is open, call company to verify employment. Verify defendant is not in Prison by checking the internet and PACSES DEM2 screen. If after checking the above information and defendant is not employed or incarcerated call defendant to determine why they did not appear.
7. After initial information session Job Club staff will notify DRS if defendant followed through with intake and if they were determined eligible for Job Club by faxing the Lancaster County DRS/Job Club Referral and Follow-up Form with section B. Intake Follow-up completed. Input faxed information onto the Job Search Referral Tracking file in Excel on the M drive.
Defendant did not appear for intake - Check EHIS, OIMC, IATT, and LEMR screens on PACSES to check on employment and wage attachment status. If employer is open, call company to verify employment. Verify defendant is not in Prison by checking the internet and PACSES DEM2 screen. If after checking the above information and defendant is not employed or incarcerated call defendant to determine why they did not appear.
Defendant appeared for intake, but is not eligible – Call defendant and verify if they are using the resource room at the CareerLink where they can access the free services available to help them find a job. Input faxed information onto the Job Search Referral Tracking file in Excel on the M drive.
24659. After eligibility has been established Job Club staff will notify DRS when customer begins the program by faxing the Lancaster County DRS/Job Club Referral and Follow-up Form with section C. Job Club Start completed to Joe Shiffer at (717) 295-3513. As the defendant continues through the program Job club staff will continue to fax weekly updates of the hours of attendance until a job is found. Input faxed information onto the Job Search Referral Tracking file on the M drive.
Defendant did not begin program as scheduled - Check EHIS, OINC, IATT, and LEMR screens on PACSES to check on employment and wage attachment status. If employer is open, call company to verify employment. Verify defendant is not in Prison by checking the internet and PACSES DEM2 screen. If after checking the above information and defendant is not employed or incarcerated call defendant to determine why they did not start the program.
9. When a job is secured by the Defendant Job Club staff will notify DRS by faxing the Lancaster County DRS/Job Club Referral and Follow-up Form with section D. Employment information completed to Joe Shiffer at (717) 295-3513. Input faxed information onto the Job Search Referral Tracking file in Excel on the M drive. Enter Employment information onto EHIS screen on PACSES.
Defendant quit program or was terminated - Check EHIS, OINC, IATT, and LEMR screens on PACSES to check on employment and wage attachment status. If employer is open, call company to verify employment. If defendant is no longer working verify last day and reason they are no longer employed. Verify defendant is not in Prison by checking the internet and PACSES DEM2 screen. If after checking the above information and defendant is not employed or incarcerated call the defendant to determine why they left the program. Input faxed information onto the Job Search Referral Tracking file in Excel on the M drive.
10. If defendant fails to follow through with any of the steps listed above, has not made payments, and has a valid address, case will be scheduled contempt court. At this time a summary will be prepared to include all information concerning defendant’s attendance and participation in Job Club, for the court’s review.
C. CONTEMPT COURT/SENIOR OFFICERS
1. In contempt court when defendants, not previously referred, and are unemployed, Job Club should be suggested to the court. If the court directs the defendant to appear at Job Club orientation, language in the order will include specific steps along with Court expectations the defendant must follow to comply with the order.
Wording for court orders:
Defendant to appear for Job Club orientation on ___________________________ and the following conditions are to be met.
(1). Attend Job Club orientation.
(2). Sign up for an intake appointment, at the end of the orientation, for a later date, to determine eligibility for the program.
(3). Attend resume workshop after orientation and before actual Job Club Start. Resume workshops are held every Friday afternoon from 2:00 – 4:45.
(4). Attend intake and provide all requested documentation to the LETA intake worker (driver’s license, social security card, birth certificate, and proof of income).
(5). Once determined eligible attend final interview with Job Club staff to go over program expectations for the defendant.
(6) Begin Job Club on assigned date and participate in job search activities for 27 hours per week until employment is found.
(7). Once employment is obtained defendant will provide all requested job information to Job Club staff and report employment to Domestic Relations Office within 7 days of obtaining employment.
2. In the courtroom, the senior officer will provide basic information on opportunities at Job Club/CareerLink and have defendant sign and date the Lancaster County DRS/Job Club Referral and Follow-up Form (attachment #1). The senior officer will also provide directions to LETA/CareerLink (attachment #2), Job Club brochure (attachment #3) and Blue appointment slip to be scheduled for upcoming Friday orientation, (attachment #4).
3. After the court hearing fax to Job Club the Lancaster County DRS/Job Club Referral and Follow-up Form (attachment #1), with top section and part A., reason for referral and appointment time completed, to the attention of Karen Buynak at (717) 291-4571. File and fax to be forwarded to Joe Shiffer for the purpose of statistics and follow-ups.
4. Reminder calls will be made to defendants referred for Job Club orientation at least 2 days prior to the actual scheduled date of the orientation. Reminder calls will be performed by Joe Shiffer. In his absence, Diane Herr will ask CSR’s or clerical staff to make the follow-up calls.
5. Follow procedures 6 through 10 in part B. Conference Unit
Revised 9/15/04
Access to Jobs Procedure
Problem: As we begin referring more of our clients to agencies for job search assistance and other services, one problem, transportation, continually affects the success of these efforts. Defendants are telling us they are unable to get to job training, interviews, or work because they don’t have a car and can’t afford to take the bus.
Program: Red Rose Transit Authority (RRTA) and Lancaster County Domestic Relations are working together to provide limited free transportation to defendants and plaintiffs, who need to find employment and support their children. The program, "Access to Jobs," is funded through the Department of Public Welfare (DPW) and is administered through RRTA. Access to Jobs assists eligible individuals, with barriers to transportation, use the RRTA bus system to attend job training, interviews and work (for a limited time), free of charge.
Procedure: Officers should use the following procedure when referring defendants and plaintiffs, who express a need for transportation assistance, to Job Club or other employment related appointments who are at DRS for the following:
• walk-in to CMSU
• establishment Conference
• modification Conference
• contempt conferences
1. Determine how the client will be commuting to the appointment scheduled for them
2. If client has no transportation or says they can’t afford bus fare explain the Access to Jobs program and ask them to fill out the application for free bus tickets to and from the scheduled appointment. The client must fill out the following required information on the application.
a. name
b. Address
c. approximate income for past 6 months (best estimate)
d. destination/appointment location (home to appointment/appointment to home)
e. client signs and date application
3. Once the application is completed take it to Joe Shiffer for approval and to receive the tickets. If he is not available Fran Ganse will approve the application and provide the tickets.
4. When giving the blue bus tickets to the client explain they can only be used for the destination applied for as the tickets are monitored for use and are taken by the bus driver for each trip. The following information must be included on the front of the ticket:
a. Sponsoring agency - "Access to Jobs"
b. Customer name
c. The back of the ticket is not to be filled out, bus driver will do this when ticket is turned in
Each ticket has a serial number which will be recorded and tracked on the "Single Ride Blue Ticket Report" by Joe Shiffer and Fran Ganse. This information will be forwarded to RRTA at the end of each month.
Tickets must be distributed in the order of their serial number
Court Procedure: Senior Officers should use the following procedure when referring defendants and plaintiffs to Job Club or other employment related appointments from court, who need transportation assistance.
LANCASTER COUNTY DRS/JOB CLUB REFERRAL AND FOLLOW-UP FORM
40 EAST KING STREET, PO BOX 83479, LANCASTER, PA 17608-3479
PHONE (717) 299-8141 ¨ FAX (717) 295-3513
|
Customer Name: ________________________________________ Home Phone: _________________________ Member #: _____________________________________ Case #: _____________________________________ Conference Officer: ______________________________ Conference/Hearing Date: ________________________ *FAX completed form to Domestic Relations. Indicate if client appeared for scheduled appointments. |
JOB CLUB
1016 NORTH CHARLOTTE STREET, LANCASTER, PA 17603
PHONE: 397-4159 ¨ FAX: 291-4571
A. Referral Follow-up
Reason for referral: Job Club Orientation
Appointment: Friday
Showed: YES NO
B. Intake Follow-up
Intake Appointment Date /time/staff: __________________________________________
Showed: YES NO
Eligible: YES NO, Reason if not eligible: ________________________
If not eligible, referred to CareerLink resource room: YES NO
C. Job Club Start/Hours in attendance (maximum 27 hours/week)
Actual program start date: _____________________
Week of: ______ Hours: ______ Week of: ______ Hours: ______ Week of: ______ Hours: ______
Week of: ______ Hours: ______ Week of: ______ Hours: ______ Week of: ______ Hours: ______
Last day in program: _____________________
D. Employment information
Employer Name:_______________________________________________________________________
Employer Address: _____________________________________________________________________
Employer Phone #: _____________________________________________
Start Date: __________________________________
Hourly Wage: ________________________________
Hours/Week: ________________________________
Job End date: ________________________________
Comments
___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
I understand this referral was made to assist me in securing services which may help in the support of my child/ren and me. By signing, I agree to allow the Lancaster County Domestic Relations Office to obtain and share the above information with LETA and CareerLink staff.
_______________________________________________________________ __________________
Client signature
Prevention of Undistributed Collections (UDC)
Introduction: In order to decrease the amount of undistributed collections, procedures were updated which required a proactive approach by all workers in the Domestic Relation Section. With the procedure changes, a worker who is reviewing a case has an opportunity to prevent problems or correct actions which may result in undistributed collections.
Preventative and Corrective Action:
1. If an overpayment results from the retroactive termination of a support order at a walk-in conference or at the scheduled conference, the Conference Officer must address the overpayment in the resulting order/agreement. The Conference Officer will engage in thorough questioning of the parties to determine the appropriate option for addressing any overpayment. Options include the following:
i. Certify the overpayment to Defendant. This will allow Defendant to pursue other legal remedies to collect the overpayment from Plaintiff including crediting of this overpayment in future support filings.
ii. In change of custody cases, the Defendant may have initiated a new support action against the Plaintiff. In these cases, it is possible to apply the overpayment on the existing case to the arrearage balance of the new order entered against the other parent.
iii. In some cases, the parties may agree to cancel the overpayment. Often this occurs in cases in which the Plaintiff has already returned the money directly to the Defendant or where Plaintiff has used the money for some mutually agreed upon purpose.
iv. The overpayment can also be applied against other obligations for this case such as medical arrears, spousal support or APL. In these situations, the Recommended Order or agreed order must include provisions for this application of the overpayment.
2. Modified cases which have a decrease in the order and no arrearage are referred by the officer to the account clerk to be monitored until the income attachment is modified by the employer. The current support obligation is applied to the case and the excess is refunded to prevent credit balances and potential undistributed collections. This is used in cases in which the credit balance has been addressed in conference.
i. Officer sends an email to the Account Clerk requesting that the case be monitored due to a decrease in the income attachment and previously ordered amount would create a credit balance.
ii. Account Clerk places the case on hold and monitors the incoming payments and refunding any excess to the defendant until income attachment is received at the modified amount. Current obligation is paid with incoming payments.
3. If there is money on hold due to overpayment:
i. The case is audited to verify the balance; the money holding is refunded if there is a current income attachment.
ii. The audit letter notifies the parties that, "To address the credit balance, the DRS encourages the parties to discuss and reach an agreement to modify the order until the credit balance is zero. If no agreement can be reached, you must file a Petition for Modification to bring this matter before the court for resolution."
4. For requests for support payment refunds in cases in which a credit balance exists, an audit is completed to review what caused the credit balance.
i. The letter notifies the parties that, "Based on your request for the return of overpaid support; an audit has been completed and is enclosed for your review. It is important that you understand that the money has already been paid to your family. The current credit balance in the amount of _______ was the result of __________. DRS encourage parties to discuss and reach an agreement to modify the order until the credit balance is zero. If no agreement can be reached, you must file a Petition for Modification to bring this matter before the court for resolution."
ii. Upon receipt of the client’s request, DRS will prepare an agreement for modification or petition for modification for mailing to the client.
A comparison of the R902 Distribution Holds report form indicates that the amount of money holding due to overpayment has decreased approximately 50%, from $30,268.54 on March 31, 2004, to $14,087.53 on March 31, 2005.
DRS Client Reminder Project
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:
1) DRS staff member will print SATL screen which lists all scheduled events involving DRS cases.
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.
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.
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.
a) 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.
b) 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.
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.
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.
Invalid or disconnected telephone numbers will be deleted from the DEMO screen.
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.
Staff member will answer general questions from clients related to the scheduled events including information on DRS continuance policy; DRS telephone testimony policy; and questions about what information must be brought by client to scheduled event. Staff member will refer all other specific case questions to appropriate unit for appropriate response.
NOTE: At no time, will a DRS staff member make any reference to genetic tests - simply refer to this as an appointment.
SCRIPTS
Call is answered:
Hello. This is ______ from the Domestic Relations Section calling. May I please speak with _____?
Speaking with client:
I am calling to remind you that you have an appointment scheduled on (day of week), (date) at (time) in (location of appointment including street address, floor, Courtroom number, etc.). Thank you.
Answering machine with client name on outgoing message:
Hello. This is ______ from the Domestic Relations Section calling for (client name) . I am calling to remind you that you have an appointment scheduled on (day of week), (date) at (time) in (location of appointment including street address, floor, Courtroom number, etc.). Thank you.
Answering machine without client name on outgoing message:
Hello. This is ______ from the Domestic Relations Section calling to remind you of an appointment scheduled on (day of week), (date) at (time) in (location of appointment including street address, floor, Courtroom number, etc.). If you feel you have received this message in error, please contact a customer service representative at 717-299-8141. Thank you.
Additional reminder for defendants scheduled for support contempt conferences or hearings:
a) You are speaking with Defendant:
Be sure to bring cash, money order or a cashiers check so we can work together to satisfy this contempt issue.
b) You are leaving a message:
Be sure to bring cash, money order or a cashiers check to your appointment.
SUBJECT: Best Practices for Paternity Establishment
PURPOSE: To eliminate the need to relist conferences by speeding up the process of paternity establishment.
BACKROUND: While investigating the reasons for so many Establishment Conference relists it was determined that a large number were relisted because defendant requested a paternity test, thereby causing the conference to be relisted until test results were returned. This also caused the establishment of a support order to be delayed by a minimum of another 10 weeks. This also might cause a hardship to the family since it now could be 16 or more weeks from the time of filing to the establishment of an order for support.
SOLUTION: To speed up the process of paternity establishment it was determined that we needed to find a way to establish paternity before the initial conference. We decided we would need the cooperation of both parties in the action. We asked " How can we make it a benefit to both parties to have them submit to paternity testing before their first conference".
For the NCP we decided we could offer him free paternity testing that would save him a minimum of $186.00. A letter was drafted (see attached) and is sent to the defendant with his Notice to Appear clearly outlining what he must do to receive this benefit. The biggest stipulation is that all parties must appear at the same time. They also must appear for the paternity test by a certain date, which is provided for them. This date is usually 20 days from the day the defendant receives his notice to appear. In cooperation with our genetic test laboratory, this allows us to have the test results back in time for the conference.
A brightly colored coupon (see attached) is also sent with the Notice to Appear which must be presented to us at the time of the paternity tests. This identifies to us that these parties are eligible for this program. The coupons are also used for tracking purposes.
For the CP, at the time of the Intake interview we explain the benefit to her and her family of cooperating with the defendant by contacting him and convincing him that it will benefit both parties to participate. The best benefit for her is that instead of a possible 20 week wait for a support check, with everyone’s cooperation it could mean she might start getting support checks within 10 weeks.
Also by having some personal contact with the defendant before the conference it allows the defendant a chance to ask the DRS any questions he might have about the Child Support process. Hopefully he will come away with a better view of the DRS and better understanding of his responsibility as a father, if he is found to be the father.
As for the benefits to the DRS, this process directly effects our performance measures in 2 categories (Establishment of paternity and Establishment of child support orders) and indirectly effects the remaining three. These three are hopefully effected by the POSITIVE personal contact with the defendant and he realizing the importance of his role in the child’s life.
In Montgomery County, we had decided about 3 or 4 years ago that we would be able to speed up the process by doing self collection of DNA samples. Our whole Intake staff was trained and certified by our genetic test lab in taking DNA samples by Bucal Swab. By doing this it eliminated the need for scheduling paternity cases on certain days when a outside phlebotomist was available. We now are able to do genetic testing with out any delays.
We have been doing this for about 6 months and so far we have had 36 defendants take advantage of our program. Out of those 36, there have been 25 inclusions (69%) and 10 exclusions (28%). We are waiting for results on one case.
The purpose of the Early Intervention Program is to remain in accordance with the National Child Support Enforcement Strategic Plan (FY 2005-2009), which challenges Child Support agencies to embrace a family first philosophy and promote family self-sufficiency.
More specifically, Montgomery County Domestic Relations must focus on "prevention" rather than "enforcement" with regard to delinquency and arrearage build-up. This in turn, maintains Montgomery County’s compliance with the Federal Strategic Plan and increases its Federal incentive results.
Through the Early Intervention Program, we serve clients at the establishment level, before any arrears are incurred. The emphasis is on identifying clients before delinquency. We also intercept existing accounts that show no payments within that past 20 days and offer assistance in preventing further delinquency. In this sense, outreach programs are offered when they are most needed to help reduce significant lapses in support payments.
The Early Intervention Program is a "work-first" program. In other words, the top priority of the program is to get the participants good jobs. Once employed, the participants may seek further training in order to improve their work habits and skills.
In the Early Intervention Program, we believe that the best way to contact the client is by phone rather than by mail. We update client phone numbers regularly, and before the account is 30 days delinquent, we call the client and invite them to participate in the program.
As part of our services, we assist the client in creating a resume, posting their resume on CareerLink and applying for jobs. After assessing their needs, we may also refer the client to local employers or one of our partner staffing/training agencies.
We then maintain communications with the client through regular follow ups and act as a direct point of contact that the client can call with any questions or concerns.
Philadelphia County
Weekly Management Meetings
A committee headed by the Honorable Myrna Field, Administrative Judge, Family Court and Mary Lou Baker, Deputy Court Administrator, Domestic Relations Division meets weekly. The Management Committee is responsible for weekly progress report updates. They also work together to develop new and creative ways to improve the DRD. The following are the most recent innovations that evolved from this group.
Night Court
June 9, 2004 was the opening of Night Court. The court is open on Wednesdays from 5:00p.m. to 7:00 p.m. During these non-traditional hours clients can update their case information, attend enforcement conferences, file complaints for support, and make payment arrangements.
Night Court has resulted in over 6,148 clients serviced, 155 child support orders entered, 1537 support and custody pleadings filed and support payments exceeding $32,977.00 collected.
Support Compliance Unit
The Support Compliance Unit expanded on February 28, 2005. The unit is staffed with 14 Hearing Officers, divided into 5 separate teams. Each team is lead by a Senior Hearing Officer. The purpose of the Support Compliance Unit is to conduct enforcement and contempt conferences. The focus of the conference is to take whatever steps are necessary (lump sum payments, wage attachment, modification, etc...) to bring the defendant not compliance with his/her obligation. Defendants who willfully fail to comply with their order are brought before a DR Judge for an immediate hearing.
The support staff of the Support Compliance Unit is responsible for scheduling cases, processing wage attachments and conducting follow up work. If necessary, the staff will file a modification petition for the defendant and in some cases, the defendant maybe referred to a Special Support Master for an Earning Capacity hearing.
New Order Enforcement
In March 2004, the Support Compliance Unit started the new order enforcement program. Once a new child support order is entered a payment reminder letter is sent to the Defendant within 48 hours. The letter emphasizes that it is imperative that payments be made immediately. If a payment is not made within 15 days, a phone call is placed to the Defendant reminding him to make his payments in a timely fashion. The case is then reviewed on the 30th day for compliance. If a payment has not been received the case is immediately scheduled for an enforcement conference in the Support Compliance Unit. This effort has resulted in a 65% increase in payment rate on new orders.
Telephone Reminders
The staff of the Support Compliance Unit ran a pilot program in which they placed appointment reminder calls to all parties in that unit. Calls were made 48 to72 hours before the scheduled hearing. The purpose of the call was to remind the defendant that he was scheduled to appear, and was done with the intent of increasing the show rate. Since implementing the reminder calls, the show rate in the Support Compliance Unit has consistently been above 50% and averages about 55%. The pilot was so successful, that the reminder calls have been instituted on a full time basis in the Support Compliance Unit and the Establishment Units. Parties that can not be reached via phone during normal business hours are contacted as part of our weekly Night Court process.
In March 2005, the use of telephone reminders was expanded to include contacting employers regarding wage attachment orders. The employer is contacted 3 to 4 weeks after the wage attachment order is sent out. The wage attachment team monitors the case for compliance.
Starting May 2005 the telephone reminder program will expand. Defendant who has been ordered to pay a future lump sum payment towards outstanding arrears will be contacted via telephone. They will be reminded of their responsibility to make the lump sum payment in the amount and on the date agreed upon. Of course the cases are closely monitored for compliance with the appropriate follow up taken.
Prison Liaison
In November 2004, a Hearing Officer was appointed as the prison liaison to develop protocol for processing and managing cases where the defendant is incarcerated. The incarcerated defendant cases are being worked in phases: cases that meet case closure criteria, TANF cases with orders and Non-TANF cases with orders. The information provided by the various PACSES reports and DIT lists is also being reviewed and analyzed.
Keep In Touch Project
The UDC unit is actively locating Plaintiffs in an effort to release monies on hold. As of June 1, 2003 the Philadelphia Domestic Relations Division had 51,588 payments on hold. As of today we are down to 6,832.
The UCD Unit has incorporated the "Keep in Touch Project". Once a Plaintiff is located a notice is sent advising how important it is to keep up with case status. The Keep in Touch notice includes information on how to update addresses, sign up for direct deposit, and how to contact the court via, Internet, mail, telephone, and fax. In addition direct deposit requests forms are sent along with a refrigerator magnet listing the Child Support Web site, Customer Service, e-mail address, telephone, and fax numbers, PA SCDU’s phone number, and EPPICard information. (Sample form and Magnet attached)
Writ Servers
Historically our Writ Servers have experienced difficulty effecting service on clients during traditional business hours. March 9, 2005 was the start of a Writ Service pilot. The Writ servers now attempt service on Saturdays and Sundays. Since the start of the pilot the weekly service rate has improved by an average of 15%.
Amnesty Program
The Domestic Relations Division will be holding a Child Support Amnesty program from Monday, June 13, 2005 through Thursday, June 17, 2005, in order to provide an opportunity for parents to re-establish support payments. Parents who owe child support or have an outstanding bench warrant will have an opportunity to resolve their past due support obligation without fear of being arrested. Job Placement services will also be provided to unemployed parents. Parents who fail to take advantage of this program will face full enforcement of their support orders and outstanding bench warrants.
OOA Project
The staff of the Tactical Enforcement Unit ran a special project which targeted arrears only cases, and cases with a high monthly support obligation, a MSO between $600.00 and $1,000.00. Group conferences were scheduled for two weeks and 1,500 cases were processed.
As a result of this project arrears only cases are expeditiously scheduled in the Tactical Enforcement Unit This project resulted in 268 lump sum payments totaling $48,901.00, eighty seven (87) new income attachments, and one hundred and sixty five (165) personally served contempt’s.
1% MSO Project
The staff of the Tactical Enforcement Unit has a dedicated member to review, monitor, and enforce cases with a MSO greater than $1,000.00. These cases are reviewed every ninety (90) days for compliance. Approximately 922 cases fall into this category. Of the 922 cases there has been a recent payment made on 807 cases or 88%.
The Tactical Enforcement Unit will be adopting the 1% MSO review on a regular basis.
Training
July 23, 2004 the Domestic Relations Division held its first Court Wide Training Day for all employees. The goal of the day was to stress the importance of improving performance and to relate the message that this goal can only be achieved if we work together. The Domestic Relations Division is planning their second court wide training Day in July 2005. The focus of this day will be Medical Support and Interstate Case Processing.
Additionally the Training Unit has developed an intensive orientation program for New Hires.
Customer Service & CHIP Medical Service
The Customer Service staff has been trained to assist clients in completing applications for CHIP medical services. The importance of medical coverage for every child is always stressed. When it comes to the attention of a staff member that a child is without medical coverage, the parent is directed to the Customer Service Center. A designated customer service representative gives the client an application and if requested, will assist the client in completing the application.
Pike County
Pike County has an electronic monitoring program. The statistic's give you some idea of our success. In reality the stat's do not represent the true worth of the program. Typically, many of the same (self employed and off the books) defendants are returned to contempt court over the course of the year. In each instance approx. one-third of the defendants listed for court pay up before the day of court, another third appear in court and make arraignments to pay to avoid electronic monitoring and a third fail to appear leading to a bench warrant. Usually, it is the bench warrant defendant or the defendant who fails to fulfill the promised arraignment to pay who are the representative group who actually get hooked up to the electronic monitoring device. At that point the only way he/she gets off it is with the pre-set purge amount paid or an active wage attachment. If the wage attachment goes inactive the defendant goes back on the monitor. Once a defendant has had a taste of house arrest and it's restrictions, they work hard to pay up before they come to court.
The following information is for the months of December 2004, and January, February and March 2005:
Total # of defendants sentenced to 6 mo's probation with house arrest/electronic monitoring (e.m.): 7
Total number of defendants who paid a purge figure to purge from e.m.: 2, total amount collected $6,000.00
Total number of defendants who paid in full to purge from e.m.: 2, total $9694.57
Total number of defendants who have moved in and out of electronic monitoring (w/a) or remained on: 3
Westmoreland County
Westmoreland County, PA has launched a program designed to get the money flowing from the start, thus reducing the need to enforce later. This initiative was inspired by a similar program in Erie County.
Each new NCP is sent a form explanation entitled, "Important Information for Non-custodial Parents," along with the notice to appear for a conference. The information encourages the NCP to come to the conference prepared to settle any debt.
At the conference the NCP is given the form entitled, "Wage Withholding and Your Obligation." The NCP is also given a set of Temporary Payment Coupons addressed to SCDU along with envelopes. Each Conference Officer is required to make a full explanation to the parties when handing out the materials. The NCP is also encouraged to make a direct payment settlement with the CP at the conference. The Order will note such direct payment. Arrears will be adjusted accordingly. Of course, the NCP always had the opportunity of paying retro arrears off and making payments while waiting for the Wage Attachment. Westmoreland just wants to make it easier for NCP's to comply. It's a little extra work up front to possibly avoid much more work later.
The End