Presentation on theme: "Policy & Regulations Terry Symens-Bucher Supervising Attorney, Alameda County, DCSS Michael Yahner Policy & Program Chief, California DCSS Phyllis Nance."— Presentation transcript:
Policy & Regulations Terry Symens-Bucher Supervising Attorney, Alameda County, DCSS Michael Yahner Policy & Program Chief, California DCSS Phyllis Nance Director, Kern County DCSS
Policy & Regulations The Legal Perspective Terry Symens-Bucher Supervising Attorney, Alameda County, DCSS
4 Child Support Regulations California Code of Regulations, Department of Child Support Services Title 22, Division 13 DCSS homepage: ✷ Tab Resources ✷ Tab Child Support Professionals ✷ Right-Click Policies ✷ Right-Click Regulations
5 Title 22 Social Security DIVISION 13. DEPARTMENT OF CHILD SUPPORT SERVICES CHAPTER 1. PROGRAM ADMINISTRATION CHAPTER 2. CASE INTAKE CHAPTER 3. LOCATE CHAPTER 4. ESTABLISHING PATERNITY(RESERVED) CHAPTER 5. REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERS CHAPTER 6. ENFORCEMENT ACTIONS
6 Title 22, Division 13 (continued) CHAPTER 7. INTERSTATE CASES CHAPTER 8. CASE CLOSURE CHAPTER 9. COLLECTION AND DISTRIBUTION OF CHILD SUPPORT CHAPTER 10. COMPLAINT RESOLUTION CHAPTER 11. QUALITY CONTROL CHAPTER 12. AUTOMATION REQUIREMENTS (RESERVED) CHAPTER 13. CONFLICT OF INTEREST CODE
7 Family Code section The department shall adopt regulations, orders, or standards of general application to implement, interpret, or make specific the law enforced by the department. Regulations, orders, and standards shall be adopted, amended, or repealed by the director only in accordance with Chapter 3.5 (commencing with Section 11340) … of the Government Code.
8 Family Code section Legislative findings; development of uniform policies and procedures: The department may adopt regulations to implement this division in accordance with the Administrative Procedure Act.
9 Family Code section (e) (1) (continued) Notwithstanding the Administrative Procedure Act (APA), through December 31, 2007 the department may implement policies & procedures through letters and similar instructions from the director.
10 Family Code section (a) The director shall formulate, adopt, amend, or repeal regulations and general policies affecting the purposes, responsibilities, and jurisdiction of the department that are consistent with law and necessary for the administration of the state plan for securing child support and enforcing spousal support orders and determining paternity.
11 Family Code section (continued) (b) Notwithstanding any other provision of law, all regulations, including, but not limited to, regulations of the State Department of Social Services and the State Department of Health Services, relating to child support enforcement shall remain in effect and shall be fully enforceable by the department. The department may readopt, amend, or repeal the regulations in accordance with Section as necessary and appropriate.
12 Family Code section (a) The department shall assess, at least once every three years, each county's compliance with federal and state child support laws and regulations …. Counties found to be out of compliance shall be assessed annually, until they are found to be in compliance. Eligibility for receiving child support incentive payments is based in part on compliance with support laws and regulations.
13 Definition of “regulation” “Every rule, regulation, order or standard of general application … adopted by any state agency to implement, interpret, or make specific the law enforced or administered by it, or to govern its procedure.” Government Code § (g)
14 Effect of Regulation Regulation adopted by state administrative agency pursuant to delegation of rule-making authority by legislature has force and effect of statute. Tyler v. Children's Home Society 29 Cal.App.4th 511, 1994
15 Permanent Rule Making Process Requirement for rule adoption: Compliance with the APA (Government Code §§ et seq.)
16 Office of Administrative Law Independent State Agency that review agency regulations for: ✷ Compliance with procedural requirements ✷ Specified criteria Authority Clarity Necessity Reference Non-duplication Accepts or Rejects based upon review results
17 Office of Administrative Law (continued) Also accepts petitions challenging alleged “underground regulations.” Definition: Underground regulations are rules that meet definition of regulation but were not adopted pursuant APA process.
18 Exception to APA requirements: A rule that relates only to internal management of the state agency. Government Code § (d) Other rules expressly exempted from APA process: ✷ Forms ✷ Audit guidelines ✷ Rules containing the only legally tenable interpretation of a statute
19 Manual of Policies and Procedures Chapter 12–ALL Chapters 12–000 through 12–100012–ALL Chapter 12–000 General Statement12–000 Chapter 12–100 Child Support Enforcement Program Components and Standards12–100 Chapter 12–200 Program Performance Reviews 113 KB12–200 Chapter 12–300 Case Closure 16 KB12–300 Chapter 12–400 Child Support Collections and Distribution Regulations12–400 Chapter 12–500 Franchise Tax Board (FTB) Child Support Collection Program Regulations12–500
20 Manual of Policies and Procedures (continued) Chapter 12–600 Real Property Liens12–600 Chapter 12–700 Franchise Tax Board (FTB) and Financial Management Services (FMS) Tax Refund Intercept Regulations12–700 Chapter 12–800 Compliance and Sanctions12–800 Chapter 12–900 Compliance with State Plan for Determining Paternity, Securing Child Support, and Enforcing Spousal Support Orders12–900 Chapter 12–1000 Title IV–D Complaint Resolution Procedures12–1000
21 More Regulations and Resources Regs & Manual of Policies and Procedures, Division 12 Administrative Standards for State IV-D Agency (cf. FC s 17310(b)) List of Permanent Regulations as adopted Rulemaking ✷ Emergency Packages at OAL Under Review: none ✷ Emergency Packages in Force: none ✷ Open for Comment Packages: none
State DCSS’ Policies Web page
23 Letters and Notices: Chief Counsel Letters (CCL) Child Support Certification Letters Child Support Services (CSS) Child Support Services Informational Notice (CSSIN) Local Child Support Agency (LCSA) Training Coordinator (TC) Blast (EBlast) Office of Child Support Enforcement (OCSE) Policy Documents (external site)
24 Resources at CCSAS Central Family Support Division Letters (1976 to 2000). Family Support Division Informational Notices (1986 to 1999). State Policy Interpretation letters (2001 forward).
Policy & Regulations The Statewide Perspective Michael Yahner Policy & Program Chief, California DCSS
27 Policy and Regulations Development History 2000Department established MPP sections pertaining to CS segregated from DSS (treated like regulations) 2000 – 2007 Authorized to develop policy via letter Developed some regulations Developed Policy Manual Content of most of the letters is in manual Today We continue to issue letters Update the PM Regulations
28 What prompts the need for communication? Why develop a policy, regulation or communication? Change at the federal level OCSE or other federal office issues new direction to states UIFSA 2008 Change at the state level New state statute DSS introduces new aid codes Clarification to previously issued policy Law or technology has changed the was we do something Social Security Verification Request
29 What prompts the need for communication? (continued) Why develop a policy, regulation or communication? Risk avoidance Address issues of generally concern regarding potential risk Private Collection Agencies – safeguarding information Provide direction/share information General issues (LCSA Letters) New report available (SOMS)
30 Policy and Regulations Development The CSSD Policy and Program Branch produces the majority of policy and regulations issued by DCSS Extensive research and collaboration DCSS subject matter experts DCSS Office of Legal Services CSDA Policy & Regulations (PP&R) Committee Extensive review DCSS staff Division Deputy CSDA Policy & Regulations (PP&R) Committee DCSS Deputy Directors CSDA membership DCSS Directorate
8 DCSS ORGANIZATION
32 Types of Communications Communication Types ✷ Letters: Child Support Services - CSS Child Support Services Informational Notice - CSSIN Local Child Support Agency – LCSA ✷ Policy Interpretation (PI) ✷ Eblasts ✷ E-Communications (e-Comm)
33 Types of Communications Child Support Services letter – CSS Describes new policy or regulations, or describes a particular action that the local child support agency must perform Distribution - To: DCSS IV-D Directors; County Administrative Officers; Boards of Supervisors - bcc: DCSS Leadership Team; DCSS Stakeholders (Includes Region IX); Public website; CA CS Central website Review - Division; DCSS Exec & PP&R; CSDA; DCSS Directorate Delivery - Update Policies and Procedures if necessary and Post to Public & CA CS Central websites
34 Types of Communications (continued) Child Support Services Informational Notice letter – CSSIN A letter providing clarification to previously received information, or sharing general information regarding child support (such as information from other states). Distribution - To: DCSS IV-D Directors; County Administrative Officers; Boards of Supervisors - bcc: DCSS Leadership Team; DCSS Stakeholders (Includes Region IX); Public website; CA CS Central website Review - Division; DCSS Legal; DCSS Directorate Delivery - Update Policies and Procedures if necessary and Post to Public & CA CS Central websites
35 Types of Communications (continued) Local Child Support Agency letter – LCSA A letter intended specifically for the IV-D Directors. The letter may request a specific action or may provide clarification only. Distribution - To: DCSS IV-D Directors - bcc: DCSS Leadership Team; DCSS Stakeholders (Includes Region IX); Public website; CA CS Central website Review - Division; DCSS Legal; DCSS Directorate Delivery - Post to Public & CA CS Central websites
36 Types of Communications (continued) Policy Interpretation – PI A response to a formal inquiry for clarification to previously provided policy Distribution - To: LCSA Policy Coordinator who submitted request - bcc: LCSA Directors, DCSS Leadership Team, LCSA Policy Coordinators and CA CS Central website Review - Division Delivery – ed to requestor and Post to CA CS Central websites
37 Types of Communications (continued) E-Communication – e-Comm An informal communication intended for IV-D Directors. The e-Comm may request a specific action or may provide information. Distribution - To: DCSS IV-D Directors (may include Policy and Training Coordinators) - bcc: DCSS Leadership Team Review - Division Delivery –
38 Types of Communications (continued) E-BLASTS An informal notice intended for IV-D Directors. The E-BLASTS is to inform the LCSAs of information received from OCSE, Region IX, or other state agencies. Distribution - To: DCSS IV-D Directors) - bcc: DCSS Leadership Team; DCSS Stakeholders (Includes Region IX); Public website; CA CS Central website Review – Division, DCSS Legal, DCSS Directorate Delivery – , Post to Public & CA CS Central websites
39 What’s in the pipe line? The following topics are in varying degrees of development: Aid Codes Use of auto dialing and text messaging Use of Social Media Complaint Resolution and State Hearing Collection of Child Support incurred after child emancipates Consumer credit reporting requests
Policy & Regulations The LCSA Perspective Phyllis Nance Director, Kern County DCSS
Policy & Regulations - Now What “Would you tell me, please, which way I ought to walk from here?" asked Alice. "That depends a good deal on where you want to get to," said the Cat. "I don’t much care where – so long as I get somewhere," Alice added. "Then it doesn’t matter which way you walk," answered the cat. "You’re sure to get somewhere if you walk long enough." Nathan Garber & Associates 42
Guiding Principles Sections – of the Family Code authorize and enjoin the Department of Child Support Services to adopt regulations which will: Ensure fair & consistent treatment of customers Enforce timely and effective collection activities Improve performance statewide and at the local child support agencies Facilitate the evaluation of performance Increase program efficiency 43
What’s Important To LCSA’s? Customer Service Tangible benefits to customers Workload No duplicating or exceeding federal and state requirements Resources No reduction in worker efficiency Performance Enhancing program performance outcomes 44
Implementation Gives Direction Technology CSE Functionality Changes Procedures Gap Analysis Customer Service Impacts Training Statewide, TOT, Local Communication Internal/External 45
2014 CSS Letters CSS – Mandatory Information Security Training CSS – Calculation of Interest on Installments* CSS Performance Improvement Process for Federal Fiscal Year 2015 CSS – Request to Perform Non-Title IV-D Activities CSS – Plan of Cooperation CSS – Electronic Payment Process* CSS – Opening Child Support Arrears Only Cases When Children are Emancipated* CSS – Determining if an Audit Should be Conducted When Case Management Responsibility Changes* *PP&R Agenda Item 46
K1 & 3F Aide Codes - Legal Support assigned as matter of law State and LCSA functions under Title IV-D Federal v. State funding Case closure regulations Income definition under Family Code Stipulations below guideline restrictions Waiver of arrears Analysis by analogy: Treatment of MFG children “Zapata” children DSS All-County Letters 49
50 K1 & K3 Aid Codes - Statewide DSS established aid codes K1 and 3F No federal funds used – not eligible for CS enforcement Alert LCSAs via e-Comm Discussed at PP&R and developed draft letter Editing per feedback received Will route for formal review soon
51 K1 & K3 Aid Codes - LCSA Customer Service How does this impact custodial parents Aided/Not aided Workload How many cases Need to Update Procedures Case Closure Resources Technology System Functionality Sweeps Performance Training Performance Analysis –CA/NA