This is the first edition of child support best practices for the Pennsylvania Counties. The Domestic Relations Sections (DRS) in Pennsylvania have always been very creative in developing solutions to local problems.

This booklet is an illustration of DRS creativity. It covers the entire range of child support operations. The good ideas in this booklet range from successful intake practices and paternity establishment to providing health care coverage for children.

The booklet is intended to identify good ideas and best practices that have proven successful. This booklet is not a complete survey of current practices. The booklet does share practice volunteered by the counties.

In cases where the defendant does not accept the response of the DRO, the defendant is provided with a form petition to Terminate Driver’s License Suspension which the defendant completes and serves on the plaintiff. The case is then heard by the Hearing Officer assigned to hear these cases, who issues a recommendation which can be contested before a Judge on exceptions. Very few cases have been scheduled for the Hearing Officer and virtually none have been taken up on exceptions.

We established guidelines initially so that the DRO’s were consistent on the type of payment plans they would accept on behalf of the Court, and the cases in which the suspension process was terminated. Particularly when driver’s license was first available on PASCES, we found that many cases were submitted in error, and, more significant, that PASCES functionality was constantly changing. By limiting the DRO’s responsible for these cases, and providing them the opportunity to meet regularly to discuss problems and changes in functionality, they have become experts in this area. This allows us to make use of the very effective remedy with little danger that a defendant will be wrongly suspended.

The system we set up for handling driver’s license suspensions is working well. We will also use it for FIDM.

Wage Attachments

We fax all wage attachments with a cover page to companies that will accept a fax. Most companies accept the fax. We get their phone numbers either on PACSES or on our old data file used prior to PACSES. The send/confirm is attached to the front page of the wage attachment and goes in the file. The send/confirm acts as a green ticket (certified mail) and proof of service. It is quick and cost effective.

Obtaining Agreements

Butler County has developed a unique process for resolving Denovo Hearings before the Court. In Butler County, if a recommendation is made after the support conference and a demand for Denovo is filed by either party, the case is scheduled for a Court Hearing. Prior to the scheduled hearing, the parties and attorneys meet with a Senior Conference Officer or Director of Domestic Relations and outstanding issues are discussed. Often an agreement is reached, saving valuable Court time. Cases that are not resolved are heard by a Judge, but , with the help of Domestic Relations, the parties have agreed to various issues, thus saving time in the Court room.

Butler County has been able to reach agreement prior to the actual hearing in 50% of the cases that have a demand filed. This results in using only 12 hours of Court time per month.

In September 1998, a web site for Berks County Domestic Relations was developed to help the public get information on the Child Support Process. In early 1999, printable and downloadable forms in Microsoft and Corel formats were added. In October 1999, a listing of all Outstanding Bench Warrants for defendants who failed to appear for a Child Support Enforcement Conference was added along with the WANTED Poster and E-Tip capability.

This web site is the most extensive in the State for a Domestic Relations Office. There are also very few nationally. The information for clients and attorneys is user friendly which includes an index that is always available on a split screen and numerous related links both within and outside of the site. The forms menu includes Petition to Modify a Support Order, Application to Request a Continuance, Medical Data Sheet and the EFT authorization form.

Attorney/DRS (the Domestic Relations Section-i.e. the local child support office) relations are quite unique in Centre County. We cooperatively work together on difficult issues and communication is open and two-way. The DRS has provided educational workshops for the local bar’s Domestic Relations Committee when they have had questions or problems with procedure or policy, such as the new guidelines. The relationship is not combative and has been nurtured by both parties. Bi-annual meetings are held with the local DR committee and the DR Director/appropriate staff in order to facilitate how attorneys can better equip themselves and their clients in better working with the DRS. As a result of this open communication, we have enjoyed a professional and cordial relationship with the majority of local family law attorneys.

Intake

Centre County intake has designed a thorough informational sheet which accompanies all support petitions in order to facilitate completion of the extensive form. The informational guide educates client and attorney on the DRS process in establishing support and what to expect when filing in the Centre County office. It has helped to decrease the time between filing and establishment conference by aiding in proper completion of the support complaint and answering general questions. An increasing number of people are choosing to file by mail or through their attorneys, so this guide is crucial in dissemination of important information to ensure proper completion of the complaint.

Clarion County

We are one of the very few counties to use Option 515 on ENFM-order to participate in work release whereby the defendant pays all of this money to us after fees for participating in work release.

The buccal swab test is accomplished in the child support office. The employee involved in payment processing, prior to central collections, is the primary person responsible for the paternity testing. There are three others that know the process.

The practice has worked out better than we hoped. We no longer "lose" putatative fathers. Clients truly appreciate not being required to take off additional time to return for the testing. In most paternity cases, the Plaintiff has an idea whether or not the defendant will request testing. If a test is likely, the plaintiff is told by the Intake Officer to bring the child with her to the scheduled conference. We can do the testing immediately, if requested.

Three DRS Staff are trained to conduct genetic testing. If the child is available at the time of conference, testing will be done immediately. If the child is unavailable at the time of the conference, alleged defendant will have blood test and mother and child can be scheduled at the next available date. Also, the office will know immediately upon the defendant’s failure to appear for testing. The procedure above eliminates the question of good service. Also, it helps establish an order more expediently.

Beyond the issue of new and unique, we believe that we are unique in the effort that we put into every case. Case in point-we took an individual’s testimony, and knowing that he was lying under oath, we did a lot of fieldwork to document his employment at more than one job. He was found in contempt on all four child support cases. We charged him with perjury and he was sentenced to 1-7 years. Upon discovering that he was on probation in a neighboring county, we pursued him through the probation officer in that county. Lastly, we provided information to the Social Security Administration. He was tried in Federal Court, and as this is being written, he was sentenced in Federal Court to 24 consecutive months in Federal Prison.

1. Enforcement, Management Techniques, Other Agencies, Clients Customer Service, Training

In September of 1994, TEP was institutionalized to provide training and employment opportunities to absent parents so: a) Defendants can meet their support obligation in a timely fashion; b) a positive attitude can be nourished through the maintenance of viable employment, which may improve the lifestyle of children in our community; and, c) the community will benefit from a work force able to contribute to society. d) Time and subsequently, money is saved in the ability to effectively measure a "good faith" effort in obtaining employment so an Order for Support can be entered and enforced. Our success rate at this time is 100%.

This Program operates at no additional cost to the taxpayers. Erie County DRS

did not hire an additional officer to staff the TEP program ... it is a specialty added on to the duties of a conference/enforcement officer. Administratively speaking, this program saves the County of Erie money because our caseload is streamlined.

Businesses involved in the program hire our defendants that were Court Ordered to appear for assessment and employment, If our defendants refuse employment, do not appear, are tardy, or disrupt the operation of a company, they will be brought before the court for contempt.

DRS has a good working relationship with the Community Service Program operated by the Erie County Adult Probation/Parole Department. If our defendants refuse to work for a wage to pay child support, we have deterred apathy by giving them the opportunity to work for nothing. It is a successful form of therapy.

2. Outreach to Schools, Enforcement, Paternity Establishment, Information Sharing

The PRL was institutionalized in 1996 to encourage our young men and women to behave responsibly by understanding their personal responsibility and the importance for them to be law-abiding members of the community. In areas of Establishing Paternity and Financial Support, presentations are given to high school students that demonstrate how the legal system promotes important community values and standards of conduct.

Modules are presently taught to the Freshmen Class at various high schools in an experiential manner. After- reading a vignette regarding an unplanned pregnancy, we have candid classroom discussions on being responsible for your body and actions. We have the students participate in "role playing" with volunteers being the plaintiff, defendant, judge, enforcement officer, and the remaining class as the jury. After explaining the DRS process, different scenarios are acted out and the perjury either finds the defendant in contempt, grants conditions, or recommends a review.

We offer field trips to view De Novo and Contempt Hearings. After each module the students must write an overview of what they learned. Also, we speak to the Teen Fathers Workshop to help them understand their personal, as well as, legal obligation to their children.

3. Customer Service, Enforcement, Management Techniques, Clients

Early Release/Fathers Workshop - Eric County DRS formed a partnership with the Fathers Workshop in 1998 in an effort to help children and fathers interact effectively.

In a effort to reduce the number of children who are being raised without committed, responsible fathers, we hoped that through a support system provided by the Fathers Workshop, attitudes and behaviors, while fathers were still incarcerated would change and the established pattern of willful failure to pay support may be reversed. In November of 1998, as a collaborative program, DRS began serving as a conduit between the Work Release Program, the Fathers Workshop, and the Court in suspending sentences for DRS defendants if they pay: a) support as ordered for 60 days; b) rent to Work Release and abide by their regulations; c) cost and fees; and, d) participate immediately with the Fathers Workshop and for sixty days (and continue to do so for a total of six months once released),

In Contempt Court, the judge offers the privilege of early release if defendants honor the conditions. After sixty days lapsed, a Work Release Representative sends DRS a form statement claiming that all the conditions were met in their facilities. If support were paid as ordered, an Early Release would be processed. The case would be monitored and if the defendant would default, he would be apprehended and imprisoned to serve the remainder of his term. There are no second chances in the Early Release Program.

The goal of the program was projected at "70% of those who complete the program will result in 100% collection of child support." DRS will measure the success of the program through pre and post assessments using the MSO and over-due support from the date fathers became enrolled with the program and over-due support one year later. It is too early to measure the success of the program because it is still in an infancy stage- however, it does serve as a vehicle to open beds to defendants from other areas of the Court. Published percentages of the effectiveness of the Fathers Workshop will be available in July of 2001.

4. Attorneys

Erie DRS has long enjoyed a great working relationship with the Erie County Bar Association, Family Law Division . We have had- I)joint seminars in an open forum for the public (posters and the media advertise the event), 2) live radio talk shows with attorneys and DRS representatives regarding Family Law practices; 3) DRS participation in panel discussions at Erie County Bar Association seminars where the attorneys receive CLE credits; and, 4) presentations hosted by DRS for attorneys where discussions of our practices were introduced and was open for questions and constructive criticism.

Indiana County

Arrearage Guidelines

The Indiana County DRS created arrearage guidelines in December 1998 which were modeled after the old support guidelines. These guidelines were approved by the Court and utilized by the Indiana County DRS for all conferences on Petitions and Reviews. When time permits, our enforcement officers review the arrearage report and schedule conferences for arrearages. The DRS and our local Bar Association are very pleased with the results of these arrearage guidelines.

Extradition Process

Indiana County is also very proud of the extradition process. We started extraditing defendants who fled the Commonwealth of Pennsylvania in lieu of paying child support. We have used the extradition process on five different defendants, the first being in November 1997, in which the defendant owed over $10,000 in back child support. A relative paid $10,895 to pay off all the arrears owed and it stopped the extradition process. We have brought defendants back from the Florida Keys, Ohio and Maryland. When necessary, we use a prisoner transport agency called "Transcor America". The cost of the extradition is assessed to the defendant as a court cost. We have the full co-operation of the Indiana County District Attorney’s Office. Our Senior Investigator will be discussing the process at the 2000 DRAP Conference in Harrisburg, PA.

Jefferson County

One staff member commented that this office takes the time to actually talk to clients and we take a (limited) interest in their problems and try to let them know they are"real" people here. This office has better public relations skills than most.

Our motto here is that most people won't know what you did for them, but they will always remember how you made them feel.

Also another thing we seem to be doing that is working (and we think Crawford Co. does this as we have the same DPW Agent) is that we have the application for child support signed at the County Assistance Office (CAO), and then our Agent signs the complaint for support. We have almost zero non-coop rate since we started this, and we may just up our waiver next year as this is working so well. This office went to the local CAO and provided a mini-workshop as to what DRS can do now that PACSES is up and the Q&A following was very helpful. This is why the CAO workers don't mind doing the application and questionnaire forms there. Then they mail the forms to our office for our working file.

We have an Attorney who does nothing but conference hearings in our office. He has a private contract and was appointed by our Judge. It really helps when we tell irate clients that the Attorney is not an "employee of the DRS: and was hired by the Judge". We inform the client that the child support office has no control over the conference officers (and we really don't as our Judge told us that what ever he decides, we can't do anything about). They cannot blame our office for the outcome of the hearing and we tell them they have to appeal if they don't like their order. It makes the client more responsible for their own life.

We hope this helps someone. We have such a great group of workers, but things flow at this office. The DRS Director tries to keep morale high and the positive outlook here keeps the workers feeling that they can do something about problems that come into the office.

Pursuant to 23 Pa. C. S. A. § 43 26, in every proceeding to establish or modify an order which requires the payment of child support, the court shall ascertain the ability of each parent to provide health care coverage for the children of the parties and the order shall provide health care coverage for each child as appropriate.

Since 1992 the majority of support orders entered in Lancaster County directed a parent to provide health insurance coverage. Verification of the coverage was maintained in the client work file but not in the local computer system. In November 1997, Lancaster County Domestic Relations Section case data was transferred to the Pennsylvania's statewide automated child support enforcement system knows as (.PACSES). It is important to note that during the conversion planning for transfer of data from the legacy system into PACSES, Lancaster County DRS made the decision to convert all cases into a medical indicator yes ("Y") status.

The design of PACSES provides easy access to enter or view the medical health insurance data in the system. However, in spite of ongoing instructions to workers, a report produced by PACSES in February 2000, demonstrated poor results. Of the 14,328 orders that directed the provision for health insurance l,411 or 10% of the cases indicated hat the coverage had been provided. Action was initiated to identify the cause of the poor results and to develop and implement a corrective action plan.

The investigation for the cause appeared to be the absence of entry of the data into PACSES by workers and the pre-conversion decision to convert all cases into a medical indicator yes. In many instances workers had obtained verification of coverage from employers and/ or clients but had failed to enter the documentation into PACSES. Case files contained the documentation reports dated before and after PACSES conversion. It would have taken staff time to confirm the status so it was decided that we would make use of the automated system to assist workers with resolution of the problem.

DRS requested PACSES identify cases that met the following criteria: 1. medical coverage identicator yes ('Y"); 2. valid employer data; and 3. no medical coverage data in system. Next, DRS asked that PACSES generate orders for medical verification subpoenas to the employers. On June 2, 2000, 7,000 orders were generated and mailed to employers. PACSES entered a case diary entry that the orders were generated to the employers.

Returned employer verification required reviews of case files by DRS workers to ensure the support order was still in an active accrual state; to identify which party was directed to provide the coverage; and to validate the identification of the children as those on the support order.

    The reviews identified:

    1,500 arrears collection only or interstate cases

    300 employer verifications that coverage was available but the children were not enrolled
    (approximately I00 employers included enrollment forms for signature)

    1,551 coverage was unavailable due to part-time employment; termination of employment or coverage not provided by the employer

    2,200 health insurance coverage in effect for children on the support order

    625 plaintiffs were under order to provide coverage

Examples of required follow up action by DRS staff.

* Mailing enrollment forms to defendants.

* Updating PACSES data to reflect current employment status, health coverage provider, and the party responsible for coverage.

* Initiating enforcement action to ensure coverage provided by responsible party.

* Modifying orders to reflect current party responsible for coverage.

* DRS staff attorney issuing qualified medical support orders to employers in cases in which defendants failed to enroll the children as ordered by the Court.

DRS records were corrected in PACSES to reflect health insurance ordered in 9,277 cases and medical health insurance verification was obtained in 39% or 3,614 cases.

Again DRS is taking advantage of the automated system to assist with this project. DRS

obtained a report of all cases with an interstate 'indicator which was used by staff to update the medical indicator to reflect the status as interstate ("I') which excluded those cases from phase 2. PACSES has identified 2,329 cases for which medical health insurance obligation is indicated but no verification of coverage or current employer data is included in the system.

PACSES will generate letters to the defendants directing them to provide verification of the coverage and current employer within ten days. Appropriate action by DRS staff will be taken based on the response or lack of response.

The DRS staff members in Lancaster County consider the results as significant. However, staff members must be committed to the entry of medical health insurance verification on an ongoing basis or the results of this project will be minimized as new cases fall into the missing data category.

Lehigh County

Application for Special Relief

The DRS has an Application for Special Relief which a party can use to obtain an emergency order of support pending the actual conference. This has been utilized especially when officers were backlogged with conferences. This is to be used when there is imminent risk to party and /or of children because:

No income or other financial resources are in the household;

Inability to provide for basic foods, clothing, medical treatment or other necessities;

Notice of mortgage foreclosure;

Notice of eviction;

Other.

The applicant party must serve the Application for Special Relief and a blank Response to the Application to the other party. If no response is received in the DRS within 7 days of service, the Application for Special Relief and files are forwarded to the Judge for review and order.

We have developed the following procedures, with the cooperation of our Judge and the county's Human Resources Department, for use when a defendant appears in Contempt Court and offers one of the following as the reason for his/her non- compliance:

1. He/she is unemployed and without income.

2. He/she doesn't see his/her children, so he/she isn't paying support for these children.

Members of our County Human Resources department staff are present in the Courtroom during all contempt hearings, and if the defendant claims that he/she is unemployed, the Judge advises the defendant that we have developed this employment program. This program will assist the defendant in getting full-time employment, the defendant will also be aided in securing his/her GED, if they haven't finished high school. The Judge then offers the defendant the opportunity to participate in the employment program. If the defendant is willing to participate, his/her terms to purge the contempt finding are extended (usually the time limit to make payment is doubled); he/she is taken from the Court room to an adjoining room and interviewed by a member of the Human Resources Department and enrolled in the work program, before leaving the building.

Although this is not a defense for not complying with a support order, if the defendant brings up the fact that he/she doesn't see his/her children, the Judge will make available to the defendant a pack of forms concerning visitation/partial custody, that he/she can fill out and file on their own behalf, without hiring an attorney. If the defendant follows through by completing and filing the request, a Master in Custody will schedule a conference in an attempt to resolve the visitation/partial custody dispute between the parties and have a visitation partial custody schedule arranged so the defendant can see his/her children on a regular basis.

These programs are both geared to assist the defendant and to make him/her more willing and able to comply with their support obligation by helping them find work that will allow them to meet their support obligation and also to assist them in getting to see their children on a regular basis. However, these programs can only work if defendants really are interested in complying with their support obligation and seeing their children. If the defendant falls to cooperate with the Human Resources Department concerning employment, or if the defendant fails to complete and file the paperwork provided to him/her concerning visitation/partial custody, or fails to appear at the Master's appointment, then the defendant is demonstrating that when he/she raised these issues, earlier, they were most likely raised as a delaying tactic as opposed to being legitimate concerns.

McKean County

INTAKE

In an effort to educate clients regarding child support, we include a blue colored child support guideline pamphlet, along with the hearing notice. This pamphlet, which was drawn up by our Judge and Permanent Hearing Officer, explains and give examples of: how child support is determined, how the guidelines work, and all the factors which are included in determining a monthly support order. This familiarizes the parties as to how child support is calculated before the hearing.

CONTEMPT

Our contempt procedures in McKean County have proven to be quite successful. We have four enforcement officers, and each officer keeps a list of those defendants who are delinquent on their support obligation. At the end of each month, the enforcement officers give the lists to the conference officer, who in turn schedule the defendant for a rule to show cause conference in domestic relations. If the defendant has appeared before the conference officer at least twice prior, the defendant is then scheduled before the Judge for a contempt hearing. Since implementing these procedures in 1994, our office has collected an average of $41,837 per year in back child support through the rule to show cause conferences and contempt hearings held before the Judge.

BW ENFORCEMENT

McKean County has a very innovative approach to citizens who ignore court issued bench warrants. Historically, many people involved in the court system would not follow the order of the court or failed to appear when scheduled for non-compliance hearings. As a result, the Probation Department, Domestic Relations Office, the District Attorney, the Commissioners, and the Sheriff had long lists of people with bench warrants. Through the collaboration of the Court, District Attorney, the Commissioners and the Sheriff, we developed a Bench Warrant Task Force. Probation officers work evenings approximately once a month and check on newly issued bench warrants for Domestic Relations, Probation, the Court, and the District Attorney. We also provide immediate transportation, day or night, if a warrant is executed by the police. McKean County still has outstanding bench warrants, but a large portion of them no longer resides in the county.

MONTHLY INVOICING

McKean County has a very unique computer program that they use in completing end of the month reports. This program produces a monthly trial balance sheet, a budget report, reimbursement report, income report, collections report, grouping sheets, and the monthly invoice, which we call the "blue book". A copy of the "blue book" is given to our Judge and our Director monthly, and provides them with up-to-date information regarding the finances of the Domestic Relations Office. It is also very useful to the auditors, as it provides all the information needed at their fingertips. Additionally, the computer program allows our office to complete and submit our invoices with 10 days from end of the month. This means that our reimbursement check is sent to us within an average of six weeks.

Mifflin County

Genetic Testing

At intake, DRO staff evaluate whether or not paternity may be contested at the initial conference. If this determination is made, the custodial parent is instructed to bring the child/children with her to the initial support conference. Assuming that paternity is denied at that conference, a Mifflin County DRO employee, trained to collect genetic samples (buccal swabs), collects and processes these samples to the contracted testing laboratory. Accompanying orders, etc. are cut from the PACSES system.

If the parties do not sign the stipulation regarding entry of a finding of paternity with a test result of 99%plus, a Trial by Judge is scheduled for the next available court time reserved for this purpose. Both parties are served with the time and date of this trial.

By adopting these practices we have eliminated all process serving for trials and have had initial support payments processed and paid to the families within 100 days from the date of filing.

This is a cooperative effort with the local agency administering the various "welfare to work" programs regarding unemployed, undereducated defendants.

Referral to this program exists at three levels. One level would be through a support conference either as an initial hearing or as a result of a petition for modification. The second level would be through referral by enforcement staff who would identify a defendant meeting criteria for referral. Thirdly, by the Presiding Judge at a formal contempt action.

In the first two examples, DRO staff would refer an individual through liaisons which exist on each staff. For contempt court, a representative of the Tuscarora Intermediate Unit (TIU) attends court and immediate appointments are scheduled.

In each case the TIU makes an assessment which includes whether or not the individual qualifies for the welfare to work program and devises their individual "employment plan". This plan is then incorporated into either the purge condition for contempt or as conditions for avoiding formal contempt actions. To be clear, the TIU provides these services whether or not the individual qualifies for the special funding sources which are available for welfare to work participants. Failure to comply with these conditions, absent gainful employment, results in either imposition of sentence or a formal contempt complaint as the case may warrant.

Appropriate releases of information are signed by the referred participants so that the liaisons from both agencies may communicate freely with one another. This communication exists on at least a weekly basis for all referrals or more frequently as may be required. Failure to comply with the existing "employment plan" will result in further court action. This program has been beneficial to both agencies not only in meeting their programmatic goals but also in getting defendants to work and provide support payments to children.

Somerset County

Although we appear to be slowly converted to "PACSES CLONES" as statewide procedures are implemented, Keith Pritts of our office noted the following: with so much information flowing down into the county on so many different fronts, our practice of trying to establish an "expert", and a back-up, for the various DRS programs appear to work fairly well. This takes some of the burden off supervisory staff who can absorb some of everything coming in, but be comfortable that at least two other workers are reviewing the information in depth. We have tried to do this with programs such as income tax offset, credit bureau reporting, driver license suspension, lien search, interstate, locate, income attachments, scheduling, intake, SPAM and now FIDM.

We have developed a relationship with our local Social Security Office as a good source of information for locate and enforcement purposes. They are very willing at this point to give SSN's and/or verify them if we think we have a wrong number. As you know, having this number opens up a wealth of locate sources. They will also share disability income information with us or provide the status of a claim.

Westmoreland County

Expedited Paternity Procedures

DATE- Choose date, approximately 1-1/2 months in advance and notify phlebotomist to have additional supplies.

INITIAL INTERVIEW - Complete the Laboratory Authorization Form, in addition to the regular intake forms. You may have to discard the authorization form if putative father acknowledges, but it is more efficient to have it prepared.

SCHEDULING - Schedule conferences as usual - 6 officers at 5 hearings per officer, according to alphabetic assignments. Schedule additional 25 hearings at 9:00 AM and 25 hearings at 12:00 PM.  These are scheduled in SWKS under the paternity coordinator's worker ID. Log the additional hearings in a notebook for control purposes. While these will appear on SDAL,SDAX and SATL, we also choose to keep a manual log with any notations pertinent to the case.

SEND PUTATIVE FATHER DATA SHEET TO COMPLETE AND RETURN PRIOR TO HEARING-This is sent in a packet with a complaint and notice to appear.
**Note: The key to successful results with optimum efficiency and processing flow on this date relies totally on the dedication and prior preparations by staff.

The End