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Ronald Reagan Presidential Library
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Collection: Reagan, Ronald: Gubernatorial Papers,
1966-74: Press Unit
Folder Title: [Welfare] - State Social Welfare Board -
Task Force on Absent Parent Child Support,
September 1971
Box: P39
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NBE Preb
PAY
STATE SOCIAL WELFARE BOARD
Task Force on Absent Parent Child Support
Guide for Administration and Conduct
of a Coordinated Child Support Program
by California Counties
GREAT THE A SEAL EUREKA OF THE THE STATE
OF
CALIFORNIA
STATE OF CALIFORNIA
HUMAN RELATIONS AGENCY
DEPARTMENT OF SOCIAL WELFARE
SEPTEMBER 1971
STATE OF CALIFORNIA-HUMAN RELATIONS AGENCY
RONALD REAGAN, Governor
DEPARTMENT OF SOCIAL WELFARE 744 P STREET
STATE SOCIAL WELFARE BOARD
SACRAMENTO 95814
ROBERT E. MITCHELL, CHAIRMAN
ANTONIO G. BUENO
THOMAS G. DAUGHERTY
JACQUELINE N. HARKER
MRS. DOROTHY D. NATLAND
ALAN S. RAFFEE
SUSAN C. SCHWAB
SENATOR STEPHEN P. TEALE
SENATOR WILLIAM E. COOMBS
ASSEMBLYMAN JOHN BURTON
ASSEMBLYMAN KENT H. STACEY
JACK W. THOMPSON, EXECUTIVE SECRETARY
FOREWORD
The State Social Welfare Board became concerned about problems of child
support enforcement as a result of information received in large-scale
community meetings throughout the state. Further inquiry verified a
number of problems and revealed a serious lack of uniformity in the
enforcement of this obligation.
Concerned about the vast social and economic implications of welfare and
nonwelfare absent parents' failure to support their children, the Board
determined to review the many aspects of this subject. In this effort,
we were assisted by a task force composed of highly qualified individuals
who are identified in the following pages. The Board's report, Final
Report of the Task Force on Absent Parent Child Support, January 1971
contained forty recommendations which are now being acted on by the
Executive and Legislative branches of California's government.
Following publication of the task force report, a subcommittee of the
task force continued to work on this Guide for Administration and Conduct
of a Coordinated Child Support Enforcement Program by California Counties.
It is our hope that this report will prove of value in achieving the
objectives discussed in our earlier report. We are indeed grateful for the
services of members of the task force and subcommittee and to Mr. Eugene R.
Brusatori, District Manager, Contra Costa County Welfare Department, who
compiled and edited the following report for the subcommittee.
It is the position of the State Social Welfare Board that our children have
an undisputed right to support from their parents and this basic moral and
legal obligation should only be assumed by others when circumstances beyond
the control of the parents prevent their fulfilling this responsibility.
The people of this state have a right to insist that this obligation be
clearly recognized and satisfied. Public officials and agencies involved
have a duty to provide effective and uniform enforcement services. To this
end, the report that follows is respectfully dedicated.
Roberte mitchere
Robekt E. Mitchell
Chairman
MEMBERSHIP LIST
STATE SOCIAL WELFARE BOARD
Chairman
Legislative Members
Mr. Robert E. Mitchell
Senator William E. Coombs
Attorney at Law
Rialto, California
Norwalk, California
(6/27/68 - present)
Senator Stephen P. Teale
Sacramento, California
Members
Assemblyman John L. Burton
Mr. Antonio G. Bueno
San Francisco, California
Attorney at Law
Los Angeles, California
Assemblyman Kent H. Stacey
(7/22/71 - present)
Bakersfield, California
Mr. Thomas G. Daugherty
Executive Secretary
Attorney at Law
Sacramento, California
Mr. Jack W. Thompson
(9/30/69 - present)
744 P Street
Sacramento, California 95814
Dr. Walter W. Dolfini
916/445-8934
Eureka, California
(5/4/67 - 6/27/71)
Mrs. Jacqueline N. Harker
Encino, California
(7/22/71 - present)
Mrs. Dorothy D. Natland
Laguna Beach, California
(6/27/68 - present)
Mr. Alan S. Raffee
San Diego, California
(3/5/69 - present)
Mrs. Alexander Ripley
Los Angeles, California
(5/8/67 - 6/27/71)
Mrs. Susan C. Schwab
Piedmont, California
(7/22/71 - present)
Mr. Arthur R. Tirado
Fresno, California
(5/11/67 - 6/27/71)
STATE SOCIAL WELFARE BOARD
TASK FORCE ON ABSENT PARENT CHILD SUPPORT
Mr. Robert E. Mitchell, Chairman
Attorney at Law
Norwalk, California
Mr. Thomas G. Daugherty, Co-chaàrman
Attorney at Law
Sacramento, California
Mr. Jack W. Thompson, Executive Secretary
State Social Welfare Board
Sacramento, California
Honorable Joseph G. Babich
Mrs. Shirley A. Henderson
Judge of the Superior Court
Senior Deputy Probation Officer
Sacramento, California
Martinez, California
Mr. Michael Barber
Honorable John J. Hunter
Deputy District Attorney
Ventura County Municipal Court
Domestic Relations Division
Oxnard, California
Sacramento, California
Mr. Robert E. Jornlin, Director
Mr. Benton Clark
Contra Costa County Social Service Departmen
Training Bureau
Martinez, California
State Department of Social Welfare
Sacramento, California
Mrs. Truly Knox
Coordinator - Central Registry
Mrs. Gloria F. DeHart
Office of the Attorney General
Deputy Attorney General
Sacramento, California
San Francisco, California
Mr. Earl Osadchey, Head Deputy
Mr. Arlo W. Dehnert, Chief
Child Support Division
AFDC Bureau
Los Angeles, California
State Department of Social Welfare
Sacramento, California
Mr. Richard N. Parsiow, Jr.
Deputy District Attorney
Mrs. Wilma Hunter
Family Support Division
Supervisor, Child Support Program
Santa Ana, California
State Department of Social Welfare
Sacramento, California
Mr. Granville Peoples, Director
Orange County Department of Social Welfare
Honorable James Franzen
Santa Ana, California
Supervisor, Stanislaus County
Newman, California
Mr. Richard Peterson, Chief
Family Support Division
Mrs. Betty Frazier, President
Fresno, California
ANC Mothers Welfare Rights Organization
Los Angeles, California
Warren E. Snell
Sergeant Marshal
Mr. Jon Heinzer, Chief Investigator
Sacramento, California
Domestic Relations Division
Sacramento, California
Mrs. Jean Temple, President
Association for Children Deprived of Support
Northridge, California
SUBCOMMITTEE ON COOPERATIVE RELATIONSHIPS AND MODEL PLAN
STATE SOCIAL WELFARE BOARD
TASK FORCE ON ABSENT PARENT CHILD SUPPORT
Mr. Robert E. Jornlin, Chairman
Director, Contra Costa County
Social Service Department
Martinez, California
Mr. Michael Barber
Deputy District Attorney
Domestic Relations Division
Sacramento, California
Mr. Benton Clark
Training Bureau
State Department of Social Welfare
Sacramento, California
Mrs. Gloria F. DeHart
Deputy Attorney General
San Francisco, California
Mr. Arlo W. Dehnert, Chief
AFDC Bureau
State Department of Social Welfare
Sacramento, California
Mrs. Wilma Hunter
Supervisor, Child Support Program
State Department of Social Welfare
Sacramento, California
Mr. Richard N. Parslow, Jr.
Deputy District Attorney
Family Support Division
Santa Ana, California
Mr. Richard Peterson, Chief
Family Support Division
Fresno, California
COMPILED AND EDITED BY:
Mr. Eugene R. Brusatori
District Manager
Contra Costa County Welfare Department
ADMINISTRATIVE OFFICE
CONTRA COSTA COUNTY
651 PINE STREET
MARTINEZ, CALIF. 94553
SOCIAL SERVICE DEPARTMENT
228-3000. EXT. 2601
R. E. JORNLIN
DIRECTOR
May 25, 1971
Robert E. Mitchell, Chairman
State Social Welfare Board
744 P Street
Sacramento, California 95814
Dear Mr. Mitchell:
I am pleased to present you with this guide designed to provide a framework
for the administration of an effective and efficient child support program
in California.
As you know, the task of developing this guide was not an easy one. Your
sub-committee realized very quickly that making new changes in operations
would be very difficult. When they combine new philosophies, methods and
procedures with an existing program based on different philosophies, methods
and procedures, the challenge is formidable. The fact that the Non-Support
Task Force was willing to sponsor such a pioneering effort gives high testi-
mony to their public service ideals, both in relation to those persons econ-
omically handicapped and the taxpayer to whom we are responsible.
That this guide was ever completed attests to the willingness and dedication
of persons representing different disciplines and backgrounds to put these
aside in order that the committee assignment could be achieved. It was our
intent, however, to structure the guide so that emphasis could be placed on
the need for change and coordination, yet also recognize that it must be
usable and adaptable to different size jurisdictions. We also anticipated
the guide could serve as a training aid for those desiring to improve their
present non-support programs.
Your sub-committee stands ready to help and assist within their capacities
and responsibilities any efforts to stimulate statewide interest in improving
and supporting an effective non-support program.
In closing let me again reiterate my highest praise for the members of this
committee, who exhibited a professional dedication far beyond the call of
duty.
Very truly yours,
Robert E. Jornlin, Chairman
Subcommittee on Cooperative Relationships and Model Plan
STATE SOCIAL WELFARE BOARD
Guide for Administration and Conduct of a
Coordinated Child Support Program by California Counties
August 1971
TABLE OF CONTENTS
Page
I. INTRODUCTION
I
A. Background
1
B. Current Problems
3
C. Purposes of the Guide
4
D. Relationship of Guide to Legislative and Administrative Changes
5
11. SUMMARY OF CURRENT LAW RELATING TO RESPONSIBILITIES OF DISTRICT
ATTORNEY AND COUNTY WELFARE DEPARTMENT IN CHILD SUPPORT MATTERS
6
A. Statutory Provisions Relating to Child Support and the Duties
of the County District
6
1. Criminal
6
2. Civil
8
3. Reciprocal Enforcement of Support (two states or two
counties involved)
11
B. Features of Federal Legislation Related to the Role and
Responsibilities of the District Attorney and County Welfare
Department in Child Support Program Matters
12
1. General Features of Federal Legislation
12
2. Social Security Act and Regulations of the Department of
Health, Education and Welfare
14
C. Summary
17
III. ORGANIZATION AND ADMINISTRATION OF CHILD SUPPORT PROGRAMS
17
A. Concerned Agencies of Government
17
B. Guides for Conduct and Administration of Child Support Programs
18
C. Ancillary Services and Related Resources to Deal with Child
Support Program Problems
20
D. Guides to Administrative Structure
21
1. County District Attorney's Office
22
2. County Welfare Departments
23
3. Separate Department or Unit
24
4. Relationship of Administrative Structure to a Welfare
Fraud Program
25
E. Collections
26
1. Basic Requirements of a Child Support Collections System
26
2. Personnel
27
3. Mechanical Aids - Computerization
28
4. Relationship with Other Facets of the Child Support Unit
29
Page
IV. FEDERAL AND STATE FUNDING RESOURCES FOR CHILD SUPPORT
PROGRAM COMPONENTS
31
A. Federal Funding for Welfare-Related Child Support Program
Basic Activities
32
1. County Welfare Department Conducted Activities
32
2. Basic Law Enforcement and Collections Activities Related
to Securing Child Support in Welfare Cases
32
B. Federal Reimbursement for Ancillary Services and Activities
Related to Child Support Programs
34
C. Funding Sources for Demonstration and Research Grants for
Child Support Activities
35
1. Project Grants from Social Security Act
35
2. Other Special Federal Funding Resources for Child Support
Related Projects
37
D. Summary
37
V. TRAINING REQUIREMENTS FOR COOPERATIVE RELATIONSHIPS
38
A. Purposes of Training
38
B. Training Outline - General Information County Welfare
Department Workers Need (Functional Skills) in Working with
Absent Parent - Child Support Programs
40
1. Child Support Collection Program
40
2. Worker Role Responsibility
40
3. Appropriate Approach: Manner and Attitude
41
APPENDIX A: THREE EXAMPLES OF COUNTY PROGRAMS
A-1 Summary of Fresno County Family Support Division Program
A-2 Summary of Orange County Family Support Division Program
A-3 Summary of Sacramento County Domestic Relations Department Program
-1-
1. INTRODUCTION
A major thrust toward organizing activities directed to secure support
payments in behalf of children from parents who are absent from the home
was initiated in California in the 1950s. Such child support programs
focused in their early development primarily and almost exclusively on
welfare situations - where AFDC public assistance payments were made.
Child support programs have been developed by California counties with
varying degrees of concentrations of efforts and effectiveness since that
time.
A. Background
A brief survey of the history of statutory relationships of district
attorneys and county welfare departments in regard to child support in
California reveals aspects of current problems in the context of the
background of developments.
The basic statute establishing the responsibility of county welfare
departments and district attorneys was enacted in 1951. The statute
required "immediate" notice to the district attorney of all absent
parents and that the district attorney "investigate" and report action
taken to the county welfare department.
This statute was enacted because the public had become concerned about
welfare costs, and little was being done about securing contributions
from absent parents. As welfare departments were considered to be
largely responsible for the failure and it was thought district attorneys
would take a different view, the entire responsibility was shifted to
district attorneys. No discretion was left to welfare departments.
-2-
In 1953, a change was enacted. The requirement that the county
welfare department "immediately" notify the district attorney was
qualified by "unless it is definitely established that the parent is
financially incapable of providing support." Added also was provision
that welfare departments were to cooperate with district attorneys
and to furnish information. District attorneys' responsibilities were
increased in that they were to take action to obtain support.
This statute gave welfare departments some responsibility in that they
were to make a judgment concerning the absent parents' inability to
contribute. It had been found that many cases were being referred to
district attorneys from which no support could be secured or legal action
taken. Also, criticism had developed over absent parents being referred
to a law enforcement agency where it was clear no criminal statute had
been violated.
Welfare departments were required to cooperate in giving information as
some had resisted doing so.
District attorneys were required to secure support, as well as "investigate"
as many district attorneys had taken little action on referrals.
In 1961, other changes were made. When the absent parent's whereabouts
was unknown, immediate referral was to be made "irrespective of whether
or not it is definitely established that the parent financially is
incapable of supporting.... # Referral was not to be made if adoption was
being considered. The granting of aid was not to be contingent on action
-3-
by district attorneys. This change did not alter any basic element
of the relationship between welfare departments and district attorneys.
In 1965, the last change was enacted, which substantially expanded
the responsibilities of welfare departments. Where the absent parent's
whereabouts is known, welfare departments are to:
1. Determine the absent parent's ability to support.
2. Make arrangements for him to pay.
3. Explore the possibility of a reconciliation.
4. Explore the possibility of a resumption of a parental relationship
with his children.
This change apparently was based on the principle that if an absent
parent voluntarily cooperated in establishing how much support he was
able to pay, agreed to pay, and actually paid, it was unnecessary and
inappropriate that the matter be referred for law enforcement to the
district attorney. It gave the welfare department the function of
dealing with absent parents who were willing to maintain their parental
responsibilities and of making the necessary decisions. Welfare depart-
ments now had the opportunity, as well as the responsibility, to carry
out a service function with those absent parents who were willing to
discuss the matter.
B. Current Problems
A review of current child support programs conducted by California
counties reveals the following problems:
-4
1. The percentage of estranged fathers of Aid to Families with
Dependent Children contributing child support is decreasing,
while AFDC caseloads are substantially increasing.
2. Lack of uniformity exists in the enforcement of child support
obligations among counties and there is a wide variety in the
diligence with which child support programs are pursued by counties.
3. There is failure to make planned use of collaborative arrangements
and/or cooperative relationships among various local government
authorities necessary to the success of a child support program.
4. Lack of clarity about procedures to claim federal reimbursement
available by federal statute for increased efforts in child support
law enforcement activities impedes the ability of California counties
to expand and improve program efforts.
5. There is insufficient staffing in most counties to optimize child
support law enforcement and collections activities.
6. Lack of a businesslike collection agency approach by public jurisdic-
tions hampers the process of securing child support payments.
7. Few, if any, counties have comprehensive approaches toward dealing
with the problems of securing child support from absent fathers.
8. There is no uniform clear public policy as to the amount of effort
required and the manner in which the effort is to be applied to
resolve the total child support problem.
C. Purposes of the Guide
No definitive study or overall systematic approach was employed to arrive
at the determinations discussed in the material which follows. However,
-5-
the contributions of experts, as active participants in the programs
conducted by California counties and certain state personnel, provide
a set of perspectives derived from practical experience with the
material contained herein.
This guide cannot offer specific solutions to all of the problems listed.
The guide taken as a whole does, however, suggest courses of action in
response to the presented problems.
This guide is intended to provide a framework of concepts and information
which may:
1. Serve as a reference point for California counties to appraise their
own program.
2. Serve to point to desirable actions to increase program effectiveness.
3. Serve as a resource indicator to personnel of California counties
concerned with improvements in the conduct and administration of a
child support program.
The material offers general guidelines to a comprehensive-coordinated
approach to child support enforcement programs and suggests specific
guides for program development/action planning by California counties.
D. Relationship of Guide to Legislative and Administrative Changes
There are proposed a number of changes in both statutes and administrative
organization of child support programs which could substantially enhance
the effectiveness of such programs as conducted by California counties.
Specific recommendations for changes in law requiring state legislative
-6-
action are described and delineated in the "Final Report of the State
Social Welfare Board Task Force on Absent Parent Child Support,
January 1971."
The structuring of administrative arrangements for the most part requires
no such enabling legislation and can be instituted by action of individual
counties. Positive sanction and support by the County Board of Supervisors
is essential for appropriate implementation. Specific ordinance or
resolution is desirable and may be necessary, depending upon local
conditions. A priority of attention by local government officials
should be directed toward establishing a coordinated child support
program at the county level.
II. SUMMARY OF CURRENT LAW RELATING TO RESPONSIBILITIES OF DISTRICT ATTORNEY AND
COUNTY WELFARE DEPARTMENT IN CHILD SUPPORT MATTERS
A. Statutory Provisions Relating to Child Support and the Duties of the
County District Attorney
1. Criminal
a. Liability
Penal Code Section 270 provides that a father of either a
legitimate or illegitimate child is guilty of a public offense
if he wilfully omits without lawful excuse to furnish necessary
support. This statute establishes a public offense without
regard to whether the child is receiving public assistance.
b. Enforcement
The district attorney is required to "conduct on behalf of the
people all prosecutions for public offenses." Government Code #26500.
-7-
The duty to prosecute misdemeanors has been given to the
city prosecutor, where there is such an office, in some
instances. See, Government Code #s 71099, 72193, 20 Ops. Att.
Gen. 234 (1952). See also City of Merced V. County of Merced,
240 Cal.App.2d 763 (1966). The prosecution of misdemeanors may
also be carried out by any city attorney with the consent of
the district attorney. See Government Code # 41803.5; People
V. Enriquez, 267 Cal.App.2d 424 (1968). In any case, the
district attorney has the duty to prosecute when the city
prosecutor is disqualified or for some reason is unable to
prosecute or when a state statute is not being uniformly or
adequately enforced. See 20 Ops.Atty.Gen. 234 (1952).
In 1965, the Legislature added Section 270f to the Penal Code.
This section provides that upon a report from a mother that a
father has failed to provide necessary support to a child not
receiving public assistance, the district attorney, upon verification
shall take all steps necessary to obtain support for the child.
Where the child is receiving public assistance, Welfare and
Institutions Code Section 11475 provides, in relevant part, that
it is the duty of the district attorney to take such action as
may be prescribed in Article 7 of the Welfare and Institutions
Code and in Section 270 of the Penal Code, to enforce support
liability. See also Welfare and Institutions Code # 11476.
These sections appear to make it the duty of the district attorney
-8-
and not the city prosecutor to prosecute all Section 270 cases,
unless he consents to prosecution by the city attorney. Cf.,
Penal Code #272. Compare Henveg V. Municipal Court,
226 Cal App.2d 569 (1964) with People V. Enriquez, 267
Cal.App.2d 424 (1968). He must prosecute the action where the
prosecution by the city attorney is not adequate.
Under Penal Code Section 270, the defendant may be punished by
fine or a jail sentence, or may be granted probation on conditions.
Since 1969, Penal Code Section 270h provides for execution to
enforce a support order entered as such a condition.
2. Civil
a. Duty
Both the father and mother of legitimate and illegitimate children
have a duty to support them and either parent or child may bring
an action to establish the status of parent-child or to enforce
the support obligation. Civil Code #s 196, 196a, 231, 242, 243,
248, 4703. In interpreting the foregoing, note that Section 196 (a)
Civil Code provides for use of enforcement remedies for enforcement
of support orders for illegitimates in the same manner as if these
children were legitimate.
b. Enforcement by District Attorney
Civil Code Section 231 provides that the District Attorney may
bring an action to determine the existence or nonexistence of the
-9-
relationship of parent and child when he believes the
interests of justice will be served thereby.
Civil Code Section 248 provides that the county may proceed
on behalf of the obligee in enforcing a right to support and,
when the county provides support, it has a right of reimbursement.
Neither of these sections makes any distinction between assistance
and nonassistance cases, and both sections use the discretionary
"may" and do not establish any standard for the exercise of this
discretion. Section 4703 Civil Code is an additional vehicle by
which support and reimbursement may be ordered.
In any proceeding where the court has ordered either or both
parents to pay child support, the court may order an assignment of
wages which is binding on the employer without further order of
the court. Civil Code #4701. Provisions of the Code of Civil
Procedure concerning execution may also be used to implement
Civil Court Orders.
C. Duty in Nonassistance Cases
Penal Code Section 270f provides that the district attorney shall
take all steps necessary to obtain support for a child who is not
receiving public assistance. This section has been interpreted
by the Attorney General to authorize the district attorney to
bring civil, as well as criminal proceedings. See 47 Ops.Atty.Gen. 23
(1966). The section is applicable whether or not a court order
for support has been entered.
-10-
Civil Code Section 4702(b) provides that in any proceeding
where a court enters an order requiring payment of child
support to a former spouse, the court may direct that payment
be made to a county official and may direct the district
attorney to appear on behalf of the child in enforcing the order.
Again, the authority is discretionary, without direction to the
court as to how this discretion should be exercised.
d. Duty in Public Assistance Cases
The Welfare and Institutions Code sets forth the duty of the
district attorney to act in public assistance cases, requiring
generally that he act on referral from the welfare department.
The duty, when such a referral takes place, includes the
establishment of paternity and the use of both civil and
criminal enforcement procedures. See, Welfare and Institutions
Code #s 11475, 11476, 11477, 11479.- 1/ Under these sections,
the county welfare department may delay up to 45 days and need
not make a referral to the district attorney if it determines
that the man is financially incapable of supporting the child or
if the parent has entered a voluntary agreement. These sections
and regulations supporting them all provide that a plan may be
entered into providing for prompt referral of all applicants to
the District Attorney and permitting the District Attorney to
make the final decision as to the father's ability to pay and to
confirm his duty to pay. (In accord with recommendations contained
1. Welfare and Institutions Code Section 11478.5 establishes a central registry in
the Department of Justice to assist in the location of absent parents.
-11-
in California State Social Welfare Board Final Report of the
Task Force on Absent Parent Child Support, January 1971, this
referral should not be discretionary with the welfare depart-
ment, nor should there be a delay of 45 days.)
In addition to the authority contained in the Welfare and
Institutions Code, Civil Code Section 4702(a) provides that in
any case where a court orders the payment of child support to a
parent receiving public assistance for the children, the court
shall direct that payments be made to a county officer and shall
direct the district attorney to enforce the order.
3. Reciprocal Enforcement of Support (two states or two counties involved)
The California version of the Uniform Reciprocal Enforcement Act is
set forth in Code of Civil Procedure Sections 1650-1697 (the act was
extensively amended in the 1970 legislative session; the revised
version became effective on November 23, 1970).
The Act provides for the civil enforcement of support obligations
when the obligor and obligee reside in different states or in different
counties of the same state. In addition, the act provides for
extradition of the obligor to face criminal charges if civil enforce-
ment is unsuccessful.
When the obligee is in California, representation by the district
attorney is required on the request of the court, but there is no
specific requirement for representation in other cases. Code of
-12-
Civil Procedure # 1674. Thus, some counties will file only for
welfare cases. Private counsel may also file, or the obligee may
file in propria persona. However, the district attorney is required
to take all steps necessary to obtain support for a needy child,
whether or not receiving public assistance. Welfare and Institutions
Code # 11476; Penal Code # 270f. Filing a reciprocal when necessary
would appear to be such a step.
When the obligor is in California, the district attorney is required
to represent the obligee in all proceedings in this state without
regard to the obligee's financial status. Code of Civil Procedure # 1680.
The same distinction as to representation applies when the action is
taken between two counties within the state.
It should be noted that the State Social Welfare Board Task Force
report has recommended that a simplified change of venue statute be
enacted allowing child support orders to follow the payee, usually
the mother. Such a statute may reduce the need for intrastate Uniform
Reciprocal Enforcement of Support Act procedures.
B. Features of Federal Legislation Related to the Role and Responsibilities
of the District Attorney and County Welfare Department in Child Support
Program Matters
1. General Features of Federal Legislation
Portions of the Federal Security Act contain federal legislation of
some significance to child support programs. The Social Security Act,
especially amendments of 1952, 1962 and 1967, provides for programmatic
-13-
and fiscal supports for state and local administration and conduct
of child support programs. This federal legislation gives program
direction to states--and to the county welfare department as agent
of the state--to provide certain public social services directed
towards strengthening family life and to conduct other activities
related to securing and maintaining support payments from legally
responsible parents. Additionally, certain financial incentives
are proffered and available, both to county welfare departments
and to law enforcement agencies working in collaboration with
county welfare departments in programs to secure child support
involving individuals and families who are former, current or
potential recipients of public assistance. To be eligible for
federal subventions, each state must describe in their annual state
plan for administration of public welfare programs the particular
program responsibilities to be carried out. Such state plans are
subject to review and approval by the U. S. Department of Health,
Education and Welfare.
The Social Security Act cannot directly prescribe the conduct of local
law enforcement activities related to child support. Therefore, the
means used are financial incentives and certain mandatory requirements
binding upon the states and upon the administrative agencies utilizing
federal funding subventions. The most pertinent Social Security Act
provisions and regulations of U. S. Department of Health, Education
and Welfare are summarized below.
-14
2. Social Security Act and Regulations of the Department of Health,
Education and Welfare
a. 1952: "Notice" to Law Enforcement Officials
Beginning in 1952, the Social Security Act required that a
state's "plan" in connection with support provide that a
"notice" be given to law enforcement officials when a child
was deserted or abandoned:
"State plans for aid and services to needy families
with children
....
(a)
...
(10) effective July 1, 1952,
provide for prompt notice to appropriate law enforcement
officials of the furnishing of aid to families with
dependent children in respect to a child who has been
deserted or abandoned by a parent." (Section 602,
Title 42, Public Health and Welfare)
Congress did not require state law enforcement officials to take
any action on receiving the "notice." Some law enforcement
officials took action on such cases, others did not.
b. 1967: An Amendment Placed Certain Responsibilities Within the
Welfare Administrative Structure
(1) Organizational Unit
To be assured that the assigned responsibilities were
carried out completely, Congress required that large local
agencies administering aid establish an "organizational
unit" to carry out the duties of securing support. Congress
further required that the state provide:
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"for the establishment of a single organizational unit
in the state agency or local agency administering the
state plan in each political subdivision which will be
responsible for administration of the program..." (Section 602,
Title 42, Public Health and Welfare)
The unit must be both in the state agency and in large local
agencies:
"
There must be a single staff unit in the state agency in
large local agencies to administer this program." (Code of
Federal Regulations, Title 45, Chapter 11, Section 220.48,
Revised as of 1-1-71)
(2) Function of the Organizational Unit
The function of the "organizational unit" is to undertake to
"establish paternity" and "secure support."
"In the case of a child born out-of-wedlock.. to establish
the paternity of such child and secure support for him..."
"In the case of a child receiving such aid who has been
deserted or abandoned by his parents, to secure support for
such child from such parent = (Section 602, Title 42,
Public Health and Welfare)
More specifically:
"There must be a program for establishing paternity for
children born out-of-wedlock and for securing financial
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support for them and for all other children receiving
AFDC who have been deserted by their parents or other
legally liable persons. Efforts must be made to locate
putative and absent parents and there must be a
determination of their potential to provide financial
support. There must be a provision for the utilization
of reciprocal arrangements with other states to obtain or
enforce court orders for support..." (Code of Federal
Regulations, Title 45, Chapter 11, Section 220.48, revised
as of 1-1-71)
C. The 1967 Amendment Also Required Securing Assistance of Courts
and Law Enforcement Officials
The Social Security Act provides that the state and its
administrative subdivisions are to:
"provide for entering into cooperative arrangements with
appropriate courts and law enforcement officials to assist the
state agency in administering the program..."
"including the entering into financial arrangements with such
courts and officials in order to assure optimum results "
(Section 602, Title 42, Public Health and Welfare)
d. Other Social Security Provisions
(1) Provision is made for a notice to the Secretary of the
Department of Health, Education and Welfare when an absent
parent cannot be located and he is not making payments in
compliance with a court order.
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(2) The State Agency of one state will cooperate with the
agency of another state when a petition for support has
been filed,
(a) in locating a missing parent, and
(b) in securing compliance with a court order for support.
C. Summary
The summary of current laws described in this section points up the
interdependence of roles and complementary responsibilities of the law
enforcement, court, and the welfare systems in child support matters.
The general framework for conduct and administration of child support
programs and specific guides for increased program effectiveness by
California counties are further described in material which follows:
III. ORGANIZATION AND ADMINISTRATION OF CHILD SUPPORT PROGRAMS
A. Concerned Agencies of Government
There are a number of agencies/organizations at the local and state
government levels which have an official involvement in absent parent
child support. These include:
1. County Welfare Department
2. District Attorney
3. The Judiciary
4. County Auditor/Controller
5. Public Agencies responsible for Service of Legal Process
6. County Probation Department
7. County Board of Supervisors
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8. State Department of Social Welfare
9. State Attorney General's Office
The complex interrelationships of these governmental entities compounds
efforts at problem solving and underscores the need for coordination.
Each group involved needs to have a clear understanding of its role and
responsibilities and an awareness and knowledge of the function performed
by others in the network. The effective functioning of a number of
agencies can be negated by the failure or lack of interest on the part
of any single agency involved.
B. Guides for Conduct and Administration of Child Support Programs
Certain principles of interagency coordination and guides to cooperative
relationships and collaborative arrangements are briefly outlined below.
California counties concerned with conduct and administration of child
support programs may find these useful as guidelines for program develop-
ment planning.
1. The major objective of a child support program is to promptly and
efficiently secure the maximum support possible from the legally
responsible absent parent (usually the father) whether or not the
child is in need of public assistance. In order to achieve this
prime objective, the program and administrative areas must be balanced
to provide for both law enforcement and collections in a businesslike
manner.
2. The focus of responsibility must be definitely placed and the program
preferably consolidated under a single administrative unit. The
administrative philosophy of such a unit would be that "the buck
stops here."
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3. The program plan should be comprehensive in scope, inclusive of
the following components as to child support activities.
a. Intake/identification, referral and location
b. Law enforcement
(1) Child support investigations
(2) Civil legal actions in behalf of legitimate and illegitimate
children
(3) Criminal legal actions
(4) Probation
C. Collections
4. An effective and workable plan should encompass the following:
a. The responsibilities and relationships of each participating
agency must be carefully defined.
b. An integrated set of forms and procedures for reporting information
between components is necessary for sound administration of a child
support program. For best results, these should be incorporated
in a computerized system.
C. To support the judicial process, businesslike methods such as
collection techniques used by private organizations in the
administration of installment accounts should be incorporated in
the plan.
d. Family service program resources such as family court and financial
counseling should be clearly involved.
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5. District Attorneys and other law enforcement agencies must
diligently use the whole range of possible legal remedies.
District Attorney personnel should develop expertise to
appropriately use both civil and criminal remedies. Use of civil
remedies should be emphasized. To help assure appropriate staffing
at proper levels, special job classifications and adequate employment
criteria are required.
C. Ancillary Services and Related Resources to Deal with Child Support
Program Problems
Family court, financial counseling and employment counseling for non-
supporting fathers can enhance the possibilities of regular child support
payments. These ancillary services should be made available via social
work personnel attached to a consolidated child support program unit or
by way of community resources otherwise specifically identified within a
comprehensive child support program system. Planned parenthood services
available through local public health departments, public medical services,
county welfare departments and private nonprofit organizations are other
pertinent resources which can strengthen the total child support system.
The use of Trustees Wage Earners Plans and Chapter XIII Bankruptcy
provisions are, in certain instances, a significant resource to facilitate
the ability of individual absent fathers to make regular child support
contributions.
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Using present Conciliation Court Law, Section 1769 (c) California
Code of Civil Procedure, the court can direct the parties to appear
before it, under the penalty of contempt, to set an order for support.
By this legal remedy, mothers could get prompt support orders without
the necessity of filing dissolution proceedings.
Where such proceedings have been filed, the statutes should be amended
to provide for staffing of a financial referee who would see every family
in which there are children. Under supervision of the court, the primary
responsibility of the financial referee would be to obtain an agreement
between the parties in regard to custody, support and visitation, etc.,
with a realistic view toward the welfare problem. The financial referee
would refer the families for marital counseling if indicated or requested.
He would file his recommendation, or the parties agreement, as to custody,
visitation and support with the Conciliation Court judge for approval.
Except as to the financial referee's involvement in marriage counseling
activities, no privilege (confidential status) would attach to communications.
In counties where Conciliation Court exists, it is possible to assign a
Financial Referee Service through administrative action. (See Section IV
of this guide for federal funding.)
D. Guides to Administrative Structure
The organizational elements and essential components in a comprehensive
child support program plan and system briefly described above are applicable
to most counties in the State of California. In the opinions of experts
in this field, the ideal organizational arrangement is one of a centralized
operational unit organized as a single administrative entity located in
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one place in the county. However, it is recognized that organizational
patterns must reflect the size and distribution of the population; and that
in some areas alternatives are required to fit local demographic,
geographic and political factors.
Under a consolidated administration organizational plan, a single
administrative entity is responsible for the conduct of the major portion
of the child support program; for primary coordination of the basic
component activities conducted by various agencies, and for a planned
coordination in regard to related ancillary resources. Such a single
administrative unit should encompass in its direct supervision and
administration all the basic child support program components and
activities including:
1. Intake/identification, referral and location
2. Law enforcement components
3. Collections
In order to do so, special coordinative written agreements must be
developed, signed and followed by the participant agencies. Such a
consolidated administration and single administrative entity may be
located under the primary auspices of any of the following three agencies.
1. County District Attorney's Office
Since the California statute designates District Attorneys as having
primary responsibility for child support programs, such a consolidated
administrative unit preferably should be the direct responsibility of
the county district attorney's office. Operations would encompass
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both welfare and nonwelfare related child support activities.
Significant portions of costs for personnel of such a consolidated
administrative unit conducting welfare-related child support
activities can be reimbursed with federal funds in collaboration
with county welfare departments.
Such consolidated administration may be achieved by transfer of
functions and personnel to the District Attorney, or by administrative
arrangements whereby personnel from various county departments are
assigned and placed under the administrative direction of the District
Attorney.
With the placing of consolidated administration of child support
programs in the District Attorney's office, specialized staff assigned
to this area of responsibility is desirable and necessary for program
effectiveness. Such specialization should include consideration of
administrative/management and fiscal/collections requirements, as
well as legal aspects. The size of the population or staffing
resources may prevent such specialization in less populous counties;
nevertheless, assignments should be made so as to result in an
appropriate emphasis on this area of responsibility.
2. County Welfare Departments
A second option is to have a consolidated administration with a
single administrative unit under the direct auspices of the county
welfare department. Under this option, the County District Attorney
specifically agrees to an arrangement by which part of the staff
assigned to his office may be placed under the administrative direction
of another department for nonsupport functions.
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Under provisions of the Social Security Act, county welfare
departments have certain responsibilities in relation to child
support program matters. These responsibilities include appraisal
of eligibility in connection with public assistance payments,
identification, location and referral for possible legal action,
and other activities involving cooperation with law enforcement
agencies. These program administration related responsibilities
encompass mandatory procedures related to both income maintenance
programs and public social services for individuals and families.
Special administrative and contractual arrangements may be made by
county welfare departments for conduct of child support activities
by other agencies. Such arrangements are most relevant in situations
where the primary responsibility for a particular function is placed
with an administrative entity other than the county welfare department;
for example, courts, Probation Department and County Auditor's Office.
In any event, collaboration with law enforcement agencies and the
courts is required of all California county welfare departments in
child support matters.
3. Separate Department or Unit
A third option would be provision for a consolidated administrative
entity separate and apart from either the direct responsibility of
the county district attorney or the county welfare department, but
with cooperative participation of both, along with other departments
such as County Probation and the County Auditor's Office. To effect
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this arrangement, specific sanction by the County Board of
Supervisors is desirable and possibly ordinance provision may be
necessary.
Effective child support programs as practiced in many counties
have developed a substantial degree of autonomy of operations,
whether located in the district attorney's office or the county
welfare department. Establishing separate administrative entities
by regrouping of personnel and activities by this function may be a
feasible alternative; especially in the more populous counties with
large urban areas. Such a separate organizational entity could also
link or integrate certain activities and programs conducted by the
courts, such as conciliation court. In some instances, the separate
organizational entity may be connected under a comprehensive Family
Court system.
4. Relationship of Administrative Structure to a Welfare Fraud Program
A consolidated administrative approach is more likely to result in an
effective child support program system than is the parallel
administrative unit structures in district attorney, county welfare,
and auditor's offices which exist currently as the typical pattern in
California counties.
Under either option, a unit or section to deal with welfare related
fraud matters should be integrated as a specialized function/activity,
with appropriate staffing, in the child support program plan. The
administrative structure, operations, and processing requirements
-26-
for welfare fraud matters parallel to those of the child support
program. All of the basic components that is, Intake, Law
Enforcement, and Collections, are very similar. Therefore, a
specialized welfare fraud section or unit could be readily connected
to the child support program organizational plan.
E. Collections
1. Basic Requirements of a Child Support Collections System
In some counties, the County Auditor's Office provides centralized
collections services in connection with child support. In any event,
such services are conducted primarily as bookkeeping and accounting
operations, rather than a businesscollections system oriented approach.
Additionally, county probation departments collect child support
contributions from probationers under Penal Code violations stemming
from failure to provide convictions; or, in some instances, handle
child support collections where the probationer is under supervision
for other Penal Code violations.
Certain aspects of the collection process, such as the accounting and
bookkeeping operations, lend themselves readily to centralization.
Effective child support collection programs, however, require application
of a more complete collections system. Basic to any effective collection
system are integrated forms and procedures, a sound record keeping and
file system and mechanisms for prompt reporting and control to insure
timely action. Under consolidated administrative arrangements,
integrated procedures are more readily installed. Under any
-27-
administrative organizational arrangement, however, whether the
components are under a single administrative entity or involve
separate organizational entities, prompt information reporting to all
program components is essential because (1) timely attention to the
potential child support contributor is the best assurance that the
individual will maintain a regular contribution pattern, and can
prevent some expensive work related to delinquencies; (2) the records
may be a basis for child support legal action of serious consequence
to the individual involved. Integrated forms and procedures useful
to the participant agencies (or components) of a sound record keeping
system are part and parcel of prompt information reporting.
Integrated collections and information reporting processes in child
support programs are necessary for either noncomputerized or
computerized systems.
2. Personnel
A collections unit should be organized by an accountant. Personnel
should be designated as account clerks and should, by training and
ability, be the type of personnel who can efficiently keep neat,
accurate records of money paid and received. The system might be
meshed with other disbursing activity of the county, but should be
organized so that the investigative and probation staff of the child
support unit will have ready access to reliable up-to-date records.
Time lost in retrieving information should be kept to a minimum.
Automatic review of cases to spotlight delinquencies should be an
integral function of this unit.
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3. Mechanical Aids - Computerization
In many counties, the size and scope of the child support program
can lend itself to computerization as an economically feasible
alternative. Several counties have installed such computerized
systems, namely, Sacramento, Alameda, and Santa Clara, among others.
There are several management consultant firms who can provide a
program for computerized child support systems. One of these firms
describes its product as follows:
"A responsive computerized system is essential for the effective
management and administration of child support, case review, collection,
disbursement, delinquency control and enforcement. A field tested
system has been developed which has resulted in and possesses the
following capabilities:
a. Substantial increases in regularity in child support payments.
b. Automatic notification to agencies and defendants of delinquency.
C. Preparation of delinquency notices, orders of contempt, warrants
for arrest, and orders to show cause.
d. Accounting for all child support payments regularly prepared.
e. Control of child support payment distribution plan.
f. Disbursement of all payments received from the defendant in
accordance with the payment distribution plan and court order."
"Such a system provides information required for daily operations
and provides a capability for special reports on request. The system
aids interviewers, investigators, administrators and auditors.
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Implementation must be preceded by a study so that the system is
specifically tailored to the applicable legal requirements and
local conditions."
While no definitive appraisal as to cost effectiveness trade-off is
available, in every instance in which computerization has been
installed a significant increase in child support collections has
resulted.
The administration and control of child support cases is an increasing
problem to local governments. A computerized child support management
information system provides responsible agencies with an automated
means of substantially increasing regularity of child support payments,
along with prompt notification and other controls for collection,
disbursements and accounting purposes. Systems can vary in sophistication
and detail in keeping with what the size and scope of the local
operations can economically support. Also, smaller counties can
contract jointly with other counties or buy-in to existing computerized
systems of larger counties in cost-sharing arrangements.
4. Relationship with Other Facets of the Child Support Unit
a. At the completion of the investigation and litigation phases of
the law enforcement function, a collectible account should be
organized or the account should be closed. Consequently,
investigators and attorneys involved in this activity should
have an understanding of the collections unit and its requirements.
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Child support orders should be prepared in a manner that allows
them to fit the record keeping system of the collections unit.
Data, such as correct names and addresses, definite sum of
money due, names of beneficiaries and case numbers of companion
files in the welfare department and the courts, among other
information, are items that must be provided by investigation in
a manner that will readily mesh, without error or loss of time,
into the collections system.
b. As important as the input is the relationship with the probation
function. Changes of address, changes in number of beneficiaries
and amount of the court order are all items that will be forwarded
to collections as part of the continuing supervision of a case,
even if there is no default in the order. Here again, training of
the law enforcement unit in how to obtain a prompt and accurate
change in the record is necessary.
Further, the Collections Unit has a vital role in prompt designation
of a delinquency. A payment should be a regular rigid habit on the
part of the debtor. Only if a default is promptly called to the
debtor's attention and to the attention of the person supervising the
case can action be taken to instill and maintain such a habit.
Accuracy is vital to retain confidence in the system. The data
produced by the collections unit must be in a form that will be
understood and readily actionable by the person supervising the payor
records. The collections unit in this area can conceivably go further,
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and actively participate in the probation function by initiating
delinquency notices to the nonsupporting father and even prepare
legal citations for review by appropriate staff. Additionally,
an up-to-date review system provides a management tool whereby
the supervisor of the staff persons responsible for probation
supervision or management of collections for a group of individual
accounts can judge performance.
IV. FEDERAL AND STATE FUNDING RESOURCES FOR CHILD SUPPORT PROGRAM COMPONENTS
Under provisions of the Social Security Act. federal funding resources are
available for administration of a comprehensive child support program.
Generally, the main sources of such funding are federal reimbursements
available to and via county welfare departments for welfare-related child
support activities in connection with the administration of public assistance
and public social service programs. Such federal funding requires either
25% or 50% matching contributions. There is no direct state financial
participation in the funding of county conducted child support program
activities. Additionally, demonstration and research grants for child
support projects may be available from federal and/or state sources. Federal
and, to a more limited extent, state funding resources are briefly described
below for both county welfare department or other agency conducted child
support program activities under the following categories:
A. Basic activities related to securing child support in welfare cases.
B. Reimbursement for ancillary services and activities related to child
support programs.
C. Demonstration and research grants for child support projects.
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A. Federal Funding for Welfare-Related Child Support Program Basic Activities
1. County Welfare Department Conducted Activities
In connection with provisions of the Social Security Act, federal
funds are regularly available to county welfare departments through
the State Department of Social Welfare to conduct certain programs,
including income maintenance and public social services related
child support activities. California State Department of Social
Welfare regulations specify certain mandatory and optional "programs
of service" in the federally approved state plan for administration
of public assistance and public social services programs in California.
Reimbursements with federal funds for costs of such county welfare
department conducted child support activities are available. Activities
which qualify for federal reimbursement include case identification,
referral to district attorney, interviews with mothers in regard to
cooperation with the law enforcement officials, contacts with absent
parents who reportedly have income and other child support activities
in situations in which there is a former, current or potential recipient
of public assistance.
Pertinent fundable activities for which county welfare departments
are regularly claiming are described in State Department of Social
Welfare regulations and, therefore, require no elaboration here.
2. Basic Law Enforcement and Collections Activities Related to Securing
Child Support in Welfare Cases
Under provision of the Federal Social Security Act, federal funding
is also available for certain law enforcement, court and collections
activities for welfare-related child support program components.
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Portions of comprehensive child support programs conducted by
California counties can be financed in part from federal funds,
regardless of whether such program components are located in the
county welfare department, district attorney's offices, auditor's
offices, probation departments or other similar agencies. Currently,
State Department of Social Welfare Circular Letter No. 2544, dated
4-13-71, entitled, "Child Support Services - Fiscal Policies and
Procedures," outlines the guidelines for federal funding
participation of 50% of costs for certain child support welfare-
related activities and 75% of costs for other child support welfare-
related activities. Such federal funding is authorized by provisions
of the 1967 amendments to the Social Security Act which provides
financial incentives for increased effort in child support/law
enforcement and collections matters.
Additionally, effective November 23, 1970, a provision of the Welfare
and Institutions Code in regard to collections of welfare-related
child support was signed into law (Welfare and Institutions Code 11457).
This statute permits counties to retain the state share of such
reimbursed payments in excess of the recipient's full need to offset
the county cost of such collections activities. If properly managed,
additional revenue, especially in more populous counties, could result
from this factor.
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B. Federal Reimbursement for Ancillary Services and Activities Related to
Child Support Programs
Authority exists currently for federal funding of certain ancillary
services and activities related to child support programs by way of
reimbursements available to or through county welfare departments for
costs of approved "programs of service."
Federal reimbursements at up to 75% levels are available to counties for
costs of Conciliation Court counseling services programs that serve
current public assistance recipients. Reimbursement at the 75% level
for services to former and potential recipients is presently being
negotiated. A basis for such federal reimbursements is the State
Department of Social Welfare list of "required services," i.e., those
services which are mandated to counties, which include child protective
and information and referral public social services. Conciliation Court
is an activity which is related to mandated children's protective services,
information and referral services and services to strengthen family life.
Administrative costs of Conciliation Court counseling services, whether
conducted by a county welfare department or by the courts through
administrative arrangements with the welfare department, qualify for
federal reimbursement. Such funding can be obtained in connection with
services provided by the courts, either by contractual arrangements
involving purchase of service agreements with the county welfare depart-
ment (providing a cost allocation plan has been approved), or by other
administrative arrangements for services provided directly by employees
of the county welfare departments.
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In a similar way, programs which provide financial counseling, or
financial referee services for current, former and potential recipients
and employment and/or financial counseling to absent parents could
qualify for federal reimbursements at 75% levels (upon SDSW approval of
a specific plan). Additionally, where other community resources such
as for planned parenthood are not readily available, counseling and
related services in connection with planned parenthood activities could
also qualify for federal reimbursement.
C. Funding Sources for Demonstration and Research Grants for Child
Support Activities
Another source of federal funding for local welfare and nonwelfare child
support programs are special demonstration and research grants.
1. Project Grants from Social Security Act
Funding for special projects in public assistance and public social
services is available through the Department of Health, Education,
and Welfare. There are two programs that would lend themselves to
demonstration in the area of child support programs in public welfare.
a. Cooperative research or demonstration projects authorized in 1966
by Section 1110, Title XI of the Social Security Act, as amended.
Grants are made by the Cooperative Research and Demonstration
Grants Branch, Division of Research and Demonstration, to states
and to public or nonprofit organizations to pay part of the cost
of research and demonstration projects. The purpose of this
program is to add to existing knowledge and to devise and evaluate
new approaches to:
-36-
(1) the prevention and reduction of economic dependency
(2) more effective organization, coordination, and administration
of social welfare and social security programs, and
(3) other programs related to the provisions of medical and
social service programs authorized by the Social Security Act.
b. Demonstration projects in public assistance authorized in 1963 by
Section 1115 of the Social Security Act. Grants are made by the
Demonstration Projects Branch, Division of Research and Demonstrations,
to state public assistance agencies to cover the cost of pilot,
experimental, or demonstration projects. The purposes of this
demonstration program are to develop and improve the methods and
techniques of administering assistance and services designed to
help needy persons achieve self-support or self-care, or to
maintain and strengthen family life.
Detailed information about the programs can be obtained by writing:
For 1115: Project Coordination Bureau
Department of Social Welfare
744 P Street
Sacramento, California 95814
For 1110: Division of Research and Demonstrations
Office of Research, Demonstrations and Training
Social Rehabilitation Service
Department of Health, Education and Welfare
330 C Street, S. W.
Washington, D. C. 20201
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2. Other Special Federal Funding Resources for Child Support
Related Projects
In addition to the above described sources of federal funds for
child support program components available via county welfare
departments for welfare-related child support activities, federal
funds may also be available directly to law enforcement agencies
and courts through PL 90-351, the Federal Omnibus Crime Control
and Safe Street Act of 1968, and other like resources.
The Federal Omnibus Crime Control and Safe Street Act is a source
of federal funding for local programs primarily directed to control
of major crimes and crimes of violence.
Application for federal funding of child support programs projects
by District Attorneys and local law enforcement officials should be
encouraged, to test out the availability of federal funds, particularly
if such a project is viewed as part of a broader program to increase
effectiveness of local "law and order" activities.
D. Summary
Developing a method which will definitely determine the amount of increased
effort, such as for district attorney's activities, is a special problem
to all counties. Most nonwelfare department personnel performing such
activities in 1968 were assigned to a variety of functions not limited to
welfare-related child support.
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The capacity for effective programming in the child support field can
be considerably increased with federal funds for certain selective
activities conducted by district attorneys, probation departments and
auditor's offices in various counties at the present time. As indicated
in the January 1971, "State Social Welfare Board Final Report of the
Task Force on Absent Parent Child Support," probably the single action
which can do the most to improve the effectiveness of child support
programs in California counties is the State Social Welfare Department
providing clear and concise guidelines and definitive procedures so as
to optimize federal funding.
All California counties are alerted and cautioned that obtaining such
federal funding requires persistence and a planned allocation of staff
resources to the task. County administrators and other county officials
are encouraged to allocate appropriate personnel resources, since such
action holds a substantial promise for significant reimbursements on
current programs, as well as for future expansion to increase effectiveness
of locally conducted child support programs.
V. TRAINING REQUIREMENTS FOR COOPERATIVE RELATIONSHIPS
A. Purposes of Training
The achievement of the goal of increased child support enforcement is
dependent upon the cooperation and coordination of the activities of
persons charged with the responsibility of carrying out the program.
-39-
This includes persons at all classification levels in county welfare
departments who have the initial contact with clients since it is
their referral which brings individual cases to the attention of the
legal system. If county welfare department employees are lacking in
knowledge about the child support program, or have attitudes which run
counter to the philosophy of the program, increased legal enforcement
will likely continue to fall short of the program goals established.
Training can provide employees with essential and necessary knowledge
needed to perform assigned tasks in the area of child support enforcement.
In addition, training can be planned to bridge the communication gap
which often exists between the welfare system and the legal (enforcement)
system so as to eliminate obstacles which can hamper the more effective
cooperation of these two agencies.
Toward this end, a training outline is being suggested for use by county
welfare department staff related to their role in child support enforcement.
Although the specific content to be taught may need to be adapted to
reflect the kinds of child support enforcement programs in the individual
counties, the outline contains general knowledge which should be covered
regardless of the specifics of the county system. in order to improve
communication between representatives of the welfare system and the
enforcement system, it is strongly urged that certain sections of the
training material for public welfare employees be presented by representa-
tives from the county district attorney's office. Not only is this group
best able to describe their own activities, but such an approach will
-40-
emphasize the teamwork which must exist if the program is to be
successfully implemented.
B. Training Outline - General Information County Welfare Department Workers
Need (Functional Skills) in Working with Absent Parent - Child Support Programs
1. Child Support Collection Program
a. Legal base
b. What is the program and its philosophy
(1) Implementation of the program in the specific welfare department
(a) why does it exist
(b) how does it operate
(c) how is it used
(d) when is it used, and by whom
(e) what is the relationship with the District Attorney's
office function
2. Worker Role Responsibility
a. To understand legal expectations in the child support function
(i.e., 1967 Social Security Amendments; state and county regulations)
b. To obtain information from the client
C. To understand the importance of this information and how it is
used by the different units
d. To understand what the agency expects of the worker
e. To learn how a referral is implemented and completed to the
collection unit
f. To understand his ongoing responsibility after the referral is made:
-41-
(1) to the child(ren)
(2) to the parents
(3) to the court
(4) to the agency
3. Appropriate Approach: Manner and Attitude
a. To understand the effect of the child support function on
the parent-child relationship.
(1) making parents aware of their responsibility
(2) helping parents assume their responsibility
b. To learn methods and approaches in working with hostile or
reticent parents.
C. To help workers recognize when to withdraw and return cases to
the District Attorney for action.
Appendix A
THREE EXAMPLES OF COUNTY PROGRAMS
Following are summaries of current child support programs
as organized and conducted in Sacramento, Fresno, and
Orange Counties.
While these are not necessarily to be taken as "ideal"
examples of consolidated and administrative approaches,
each has features recommended for consideration by other
counties interested in improving their Child Support Program.
Appendix A-1
SUMMARY OF
FRESNO COUNTY FAMILY SUPPORT DIVISION PROGRAM
I. ORGANIZATION - AUSPICES
In 1965, the Fresno County Grand Jury requested that the Board of
Supervisors establish a Family Support Division (FSD) in order that
financial resources resulting from Child Support and Welfare Fraud
payments could be efficiently administered. Due to existing federal
subventions, the Family Support Program was established as a sepa-
rate county function to be administered through the County Welfare
Department by the Family Support Division. Criteria was developed
for a Law Enforcement oriented structure and a basic pre-requisite
for key staff of five years of law enforcement investigative exper-
ience. Among the current staff of 18 investigators, the present
personnel averages 18 years of such experience. From the initial
effort, limited to welfare child support and fraud investigations,
the Division has grown to encompass all aspects of child support,
welfare/non-welfare, criminal/civil procedure, probation, collection
and welfare fraud.
II. SOURCES OF CHILD SUPPORT CASES
A. Non-Welfare Cases (approximately 3,000 at the present time)
The typical non-welfare case involves a parent who is working,
but unable to meet necessary family expenses without some type
of public assistance due to lack of child support payments from
an absent parent. Mothers in these circumstances are referred
to Family Support Division by doctors, attorneys, public officials,
community agencies and individuals to assist in obtaining child
support. If paternity is not at issue, cases are received by the
Family Support Intake Unit and assigned to the Support Unit Inves-
tigator for location and collection processing and monitoring.
Effective results here often preclude the necessity for applications
for public assistance and welfare.
B. Welfare Cases (approximately 16,000 currently)
Those who have applied for welfare on the basis of an absent parent
deprivation are referred directly to Family Support Division on the
same day, as an integral part of their public assistance application.
They are interviewed by the Family Support Division staff to deter-
mine identification and location factors and special issues such as
paternity. Welfare applicants hand carry a referral/action form on
which the interviewers acknowledge the satisfaction of requirements
of cooperation. In "immediate need" cases, these forms are returned
personally by the applicant to the welfare department. Documentation
of birth, (mother-child) citizenship, divorce, and other such
factors are required, if pertinent, prior to processing for
legal or other collections actions. Should any evidence of
untruthfulness in the filing of the complaint information or
other area of cooperation be noted at intake, a Family Support
Division investigator is called to assist in the interview.
If unresolved, the welfare department is notified immediately
and the public assistance application process suspended until
the problem is resolved. Intake Investigators pursue all
illegitimate cases where paternity must be determined by in-
vestigation or judication. In view of recent substantial
increases in the volume of applications coupled with the use
of group processing techniques by the County Welfare Depart-
ment, a greater burden for prompt response in connection with
eligibility determination is placed on the Family Support
Division, Intake operations.
III. FAMILY COURT-CIVIL (approximately 1,300 such cases currently)
In all cases of dissolution of marriage actions through the Fresno
County Court (under auspices of Superior Court) where child support
is an issue, the Family Support Division determines the amount and
administers the collection of the child support, filing petitions
for modifications of support and contempt of court orders as
necessary in both welfare and non-welfare cases.
IV. PROBATION - CRIMINAL (approximately 1,400 cases currently)
All child support and fraud cases where it has been necessary for
Family Support Division to file criminal complaints and conviction
results are placed on Summary Probation to the Family Support Divi-
sion. Family Support Division directly provides the monitoring-
supervision in these cases.
V. COLLECTIONS (approximately 4,000 ledgers/accounts currently)
All payments for child support and fraud repayments for cases handled
by Family Support Division are made through Family Support Division
Centralized Collections. This centralized processing system encom-
passes advance billings as well as a delinquent statements and regu-
larized information reporting to components.
VI. SUMMARY
Attached is an organization chart of the Fresno County Family Support
Division and a chart outlining the processing steps.
Basically, the Family Support Division represents the District Attor-
ney, Welfare Department, Probation Department and the Court-Trustee
Collections for Fresno County in a joint effort management structure
so as to administer a Child Support Program "under one roof."
FRESNO COUNTY FAMILY SUPPORT DIVISION
CHIEF
SUPERVISOR
SUPERVISOR
SUPERVISOR
SUPERVISOR
SUPERVISOR
SUPERVISOR
SUPERVISOR
INT.
INV.
RECEPT.
CLK.
INV.
INV.
INV.
CLK.
INV.
INT.
INV.
RECORDS
CLK.
INV.
CLK.
CLK.
CLK.
INV.
INT.
CLK.
RECORDS
CLK.
INV.
CLK.
CLK.
CLK.
CLK.
CLK.
TRAINEE
CLK.
INV.
CLK.
INTER.
INTERN
TRAINEE
INV.
CLK.
INV.
FAMILY
INTAKE
ADMIN
SUPPORT
PROBATION
COURT
COLLECTIONS
FRAUD
criminal
civil
IDENTIFY
LOCATE
NEGOTIATE
COLLECT
NW STREET
VOLUNTARY
SECOND
OFFICE
AGREEMENT
COMPLAINT
FSD
INVES-
PROBATION
WELFARE
INTERVIEW
TIGATION
SECOND COMPLAINT
COLLECT
REVOKATION
COLLECT
C/W
FAMILY
FC
CIVIL
COURT
RECOMMENDATION
CONTEMPT
FRESNO COUNTY: FAMILY SUPPORT DIVISION
FRAUD
INTAKE
SUPPORT
PROBATION
FAMILY COURT
COLLECT.
UNITS
ENFORCEMENT
Appendix A-2
SUMMARY OF
ORANGE COUNTY FAMILY SUPPORT DIVISION PROGRAM
I. MISSION
The Family Support Division of the Orange County District Attorney's
Office is responsible for enforcing support obligations as set forth
in the Penal Code, the Code of Civil Procedure and the Welfare and
Institutions Code. Policies and procedures in handling welfare re-
ferrals of support cases are set forth in the County Plan of Cooper-
ation. In accordance with present policy and procedure the Welfare
Department's function in this area is mainly one of identification
of the case as one involving a non-contributing absent parent. This
is usually determined by the eligibility worker at the intake stage.
(Eligibility workers are now receiving training from District Attorney
staff in this problem area.) An immediate referral is made to the
Family Support Division.
II. ORGANIZATION AND ADMINISTRATION
A Deputy District Attorney IV is the administrative head of the Family
Support Division.
The Division is organized into three functional areas:
1. Reception Section
2. Investigation - Criminal
3. Investigation - Civil
In addition there are supporting units for payment processing, files
and court calendars and related matters.
A. Reception
Initial processing and interviewing in all new and reopened cases
is handled by this section. This includes both welfare referrals
and non-welfare cases. The 7 interviewer/investigative assistants
talk to the custodial parent and also attempt, whenever possible,
to follow up and deal with the absent parent. Many cases come to
a fruitful conclusion at this stage. An attempt is made to eval-
uate the case and elect the appropriate remedy to correct the
problem at this time.
B. Criminal Section
This is the general criminal non-support area of enforcement. If
the interviewer has not been able to make contact with the absent
parent -- or, if an ongoing case becomes delinquent -- then the
270 investigator takes over for follow-up enforcement by nego-
tiation or criminal complaint.
C. Civil Section
This section is divided into two sub-units:
1. Reciprocal Support
This unit handles responding reciprocal petitions where the
absent parent resides in another state. The unit is also
responsible for initiating petitions on behalf of both
welfare and non-welfare clients who reside in Orange County
and the absent parent resides in another state.
2. Civil Paternity
It is the policy of this office to file a civil action to
establish paternity in every case where paternity is a real
issue and where it is believed that the burden of proof can
be met. After an adjudication of paternity is made this
section continues to enforce the court orders for support.
We obtain approximately 40 civil judgments a month.
The civil section is also now handling the civil enforcement of
divorce child support orders in welfare cases.
III. STAFFING
See organization chart attached.
We presently have a division staff of 59 people. Three of these
(two investigators and one steno) work exclusively on welfare fraud
cases and supplement the 5-man Special Investigation Unit in the
Welfare Department.
The remaining 56 positions, devoted full time to child support
activities, include:
1 Deputy District Attorney IV - Division Head
2 Deputy District Attorney II
1 Supervising F.T.P. Investigator
2 Senior F.T.P. Investigators
10 District Attorney Investigator I
1 Supervising Interviewer
6 Interviewers
1 Supervising Legal Steno
4 Clerical Leads
28 additional clerical supporting staff
IV. ADDITIONAL COMMENTS
A. Current active caseload as of March 31, 1971 is in excess of
15,000 cases.
B. Most child support payments are made through the payment (Collections)
section of the Family Support Division. They are processed by
computer.
C. We are now in the process of revising and updating our computer
program in order to provide more efficient and, therefore, more
effective monitoring of our cases and also to provide more use-
ful statistics for management.
D. Monthly collections are running in excess of $400,000. We have
been experiencing a substantial increase in the past three months.
If the present trend continues we should be collecting over $500,000
a month before the end of the year. These figures do not include
those cases where the absent parent is paying direct to the custo-
dial parent. These figures do not include the approximately $750,000
a year collected by the Probation Department where the absent father
has been placed on formal probation.
DEPUTY DISTRICT ATTORNEY IN CHARGE
2 DEP. D.A. II
SUPERVISING F. TO P. INVESTIGATOR
CRIMINAL SECTION
CIVIL SECTION
270
FRAUD
RECEPTION UNIT
SR. INV.
SR. INV.
INV. II
1 Superv. Interv.
CIV. PAT.
U.R.E.S.A
6 Interviewers
3 Clerk II
INV. I
INV. I
INV. I
INV. I
INV. I
INV. I
SUPERVISING LEGAL STENO
INV. I
UNIT I: CIVIL
UNIT II:
UNIT III:
UNIT IV: FILES
INV. I
INVESTIGATION
PAY - COURT
1 Legal Steno II
1 Legal Steno II
1 Legal Steno II
1 Typist Clerk III
2 Legal Steno I
3 Legal Steno I
5 Typist Clerk II
5 Typist Clerk I
INV. I
6 Typist Clerk II
6 Typist Clerk II
INV. I
FAMILY SUPPORT DIVISION - MARCH 1971
INV. I
DISTRICT ATTORNEY
ORANGE COUNTY
Appendix A-3
SUMMARY OF
SACRAMENTO COUNTY DOMESTIC RELATIONS DEPARTMENT PROGRAM
I. NAME AND AUTHORITY
The official name is the Domestic Relations Department of the District
Attorney's Office. It operates under the authority of the District
Attorney.
II. ORGANIZATION AND ADMINISTRATION
The organizational plan is set forth in the attached organization chart.
There are presently 50 positions in the Domestic Relations Division;
the chart indicates the number of personnel assigned to each function.
Actual operation of the unit is under the supervision of the Supervising
Domestic Relations Investigator. This includes supervision of investi-
gation of all failure to provide cases, as well as those welfare fraud
cases that require post complaint investigation. In addition, both the
accounting, or collection, function and the probationary function in-
volved in supervision of continuing collection are under his supervision.
In the overall hierarchy of the District Attorney's office he is paid
the same amount as the Chief Investigator but less than an Attorney II
(Second level Attorney). He answers directly to the Chief Deputy
District Attorney.
Deputy District Attorney, Division Legal Advisor, is a practicing member
of the California Bar with at least one year of experience. His respon-
sibilities include representation of the District Attorney in all civil
actions related to collection of child support, representation of the
District Attorney in all paternity actions initiated by that office,
prosecution of all welfare frauds, appearances on Penal Code 270 cases,
and all preliminary activity related to the foregoing. The Deputy Dis-
trict Attorney acts as advisor to the Supervising Investigator and his
staff and assists the District Attorney's staff in welfare related
matters. He also acts as liaison with the courts and other governmental
agencies on the local and state level in matters related to child support
and welfare. He is under the supervision of the Chief Deputy District
Attorney. The position may be filled by a Deputy District Attorney II
or above.
Senior Domestic Relations Division Investigator supervises all Domestic
Relations Division Investigators, working under the Supervising Investi-
gator. Statement Reporter assists in preparation of sworn statements for
investigators including depositions in paternity actions. Reception
Section meets the public and carries on the general service duties
indicated by its title. Legal Section provides the stenographic help
necessary to support the Deputy District Attorney. Much of its work
is in the area of preparing documents which complete investigative
activity and place a case in a probationary status or in preparation
of documents which assist in supervision of active accounts. It also
handles clerical duties involved in welfare fraud prosecution.
The intake function belongs to the pending section with some work
being done by the single Civil Section Interviewer. Intake activity
is supplemented by work at the welfare department, by activity of the
court and by the private bar.
The active section conducts criminal and paternity investigations,
using the services of the Criminal Section for clerical support.
The active section and the civil section both perform the probationary
or supervisory activity involved in the administration of active cases.
In this activity they are involved with a number of outside agencies
for information and for active assistance.
The accounting section is responsible for financial record keeping
and collection of funds. This section is closely associated with
the county auditor's office and the data processing center. This
section's record keeping and notice functions are an integral part
of the probationary activity of the office.
III. COLLABORATION AND COORDINATION WITH OTHER AGENCIES
Other agencies with which we collaborate are as follows:
A. Welfare Department does some intake or information gathering and
refers cases. Keeps probation sections informed on activity of
client and accepts output of collections, assists in distribution
of proceeds.
B. Courts create intake work and gather considerable information
for civil intake. Source of action in enforcing supervision.
C. Auditor's office checks accuracy of collections unit, distributes
proceeds, supervises output of data control and assists in cor-
recting mistakes made in accounting or data control. Works
directly with accounting for normal functions. May also work
with Supervising Investigator in correcting errors.
D. Data Processing Center primarily assists accounting. Does mech-
anical acts of data compilation and distribution. Also does
mechanical act of preparation of funds for distribution.
E. Police Agencies assist in investigative phase of activity and in
apprehensions involved in both investigation and supervision.
Also assist in process serving necessary to complete investigation
and in data collection involved in investigation. State, federal
and local are all involved and both civil and criminal investi-
gators come in direct contact with these agencies.
F. District Attorney's Staff provides Deputy District Attorneys as
needed to supplement the activity of staff. Deputy District
Attorney may work on any phase of litigation, usually in consul-
tation with and under direction of Domestic Relations Division
Deputy District Attorney. The Toxicologist assisted investi-
gators in prosecution of paternity matters. Also some process
serving for both non-support and welfare fraud cases is done by
District Attorney's staff.
IV. SIZE AND SCOPE OF PROGRAM
The budget for this unit for fiscal '71-'72 is approximately $425,000.
The amount of money disbursed in calendar 1970 was about $3,700,000.
Money received in January and February of this year was in excess of
$300,000 and March receipts were over $424,000. It is expected that
there will be well in excess of $4,000,000 disbursed by this office
in calendar 1971. The office has under investigation or supervision
about 14,000 cases. It is our policy to accept intake on any case
where we have jurisdiction without regard to the financial status of
the complaining witness. About one-half of our proceeds last year
were distributed to out-of-state plaintiffs. The remainder was paid
to non-welfare plaintiffs located in Sacramento, California. About
70 percent of our cases under supervision fall in the area of crimi-
nal failure to provide; the remaining 30 percent are a result of a
local civil court order.
V. SUMMARY
The location of all functions under one authority provides the respon-
sible administration necessary to give full effect to this program.
The use of a career civil servant as chief administrator, rather than
a lawyer, provides the continuity of administration and policy found
lacking in units where Deputy District Attorneys, interested in move-
ment as to professional specialization, act as chief administrative
officer.
ORGANIZATION CHART
DOMESTIC RELATIONS DEPARTMENT
District Attorney
of DISTRICT ATTORNEYS OFFICE
SACRAMENTO COUNTY
APRIL 1971
Chief Deputy District Attorney
Program Administrator
(Supervising Investigator)
DEPUTY DISTRICT ATTORNEY
STATEMENT REPORTER
ADVISER
1 SENIOR DRD INVEST.
PENDING
ACTIVE
CIVIL
RECEPTION
LEGAL
CRIMINAL
ACCOUNTING
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
SECTION
LEGAL
5 PENDING INV.
2 DRD INVEST.
3 DRD INV.
1 CLERK II
STENO
TC III
ACCOUNTANT
1 DRD INT.
2 PENDING INT.
2 TC II
4 DRD INTERV.
4 STENO II
6 STENO II
1 AC II
1 TC II
3 TC II
6 AC I
1 CLK II
2 TC II