2 Supervising Attorney, Alameda County, DCSS Michael Yahner Policy & RegulationsTerry Symens-BucherSupervising Attorney, Alameda County, DCSSMichael YahnerPolicy & Program Chief, California DCSSPhyllis NanceDirector, Kern County DCSS
3 Supervising Attorney, Alameda County, DCSS Policy & RegulationsThe Legal PerspectiveTerry Symens-BucherSupervising Attorney, Alameda County, DCSS
4 Child Support Regulations California Code of Regulations,Department of Child Support ServicesTitle 22, Division 13DCSS homepage:Tab ResourcesTab Child Support ProfessionalsRight-Click PoliciesRight-Click RegulationsAdd some comments about federal regulations: Federal requirements for State IV-D plans.
5 Title 22 Social SecurityDIVISION 13. DEPARTMENT OF CHILD SUPPORT SERVICESCHAPTER 1. PROGRAM ADMINISTRATIONCHAPTER 2. CASE INTAKECHAPTER 3. LOCATECHAPTER 4. ESTABLISHING PATERNITY(RESERVED)CHAPTER 5. REVIEW AND ADJUSTMENT OF CHILD SUPPORT ORDERSCHAPTER 6. ENFORCEMENT ACTIONS
6 Title 22, Division 13 (continued) CHAPTER 7. INTERSTATE CASESCHAPTER 8. CASE CLOSURECHAPTER 9. COLLECTION AND DISTRIBUTION OF CHILD SUPPORTCHAPTER 10. COMPLAINT RESOLUTIONCHAPTER 11. QUALITY CONTROLCHAPTER 12. AUTOMATION REQUIREMENTS (RESERVED)CHAPTER 13. CONFLICT OF INTEREST CODE
7 Family Code section 17312The 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or make specific the law enforced by the department.Regulations, orders, and standards shall be adopted, amended, or repealed by the director only in accordance with Chapter 3.5 (commencing with Section 11340) … of the Government Code.Government Code section et seq. is the Administrative Procedure Act.
8 Family Code section 17306Legislative findings; development of uniform policies and procedures:The department may adopt regulations to implement this division in accordance with the Administrative Procedure Act.This section gives authority for the Department to adopt regulations according to the Administrative Procedure Act.
9 Family Code section 17306 (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 17310(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 17310 (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 17704(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.What are some of the consequences for failure to comply with 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)So it seems to include just about any directive concerning policy and procedure.
14 Effect of RegulationRegulation 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.)PCM: Policy Consolidation Manual. The Policy Consolidation Manual is a compilation of old family support letters that were reissued as one huge 91 tab attachment to Policy Letter on May 4, 2000. Also on the website resource.While the final result is something of great interest, observing and tracking the rulemaking process is something like watching paint dry on the wall.I do thank Lucila Ledesma from State DCSS Legal for providing that information.
16 Office of Administrative Law Independent State Agency that review agency regulations for:Compliance with procedural requirementsSpecified criteriaAuthorityClarityNecessityReferenceNon-duplicationAccepts 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:FormsAudit guidelinesRules containing the only legally tenable interpretation of a statuteTRANSITION—in addition to regulations the Department communicates with the LCSA’s by a variety of ways:
19 Manual of Policies and Procedures Chapter 12–ALL Chapters 12–000 through 12–1000Chapter 12–000 General StatementChapter 12–100 Child Support Enforcement Program Components and StandardsChapter 12–200 Program Performance Reviews 113 KBChapter 12–300 Case Closure 16 KBChapter 12–400 Child Support Collections and Distribution RegulationsChapter 12–500 Franchise Tax Board (FTB) Child Support Collection Program Regulations
20 Manual of Policies and Procedures (continued) Chapter 12–600 Real Property LiensChapter 12–700 Franchise Tax Board (FTB) and Financial Management Services (FMS) Tax Refund Intercept RegulationsChapter 12–800 Compliance and SanctionsChapter 12–900 Compliance with State Plan for Determining Paternity, Securing Child Support, and Enforcing Spousal Support OrdersChapter 12– Title IV–D Complaint Resolution Procedures
21 More Regulations and Resources Regs &Manual of Policies and Procedures,Division 12 Administrative Standardsfor State IV-D Agency (cf. FC s 17310(b))List of Permanent Regulations as adoptedRulemakingEmergency Packages at OAL Under Review: noneEmergency Packages in Force: noneOpen for Comment Packages: noneThe first item after the PowerPoint handout is a list of Permanent Regulations as adopted for child support as of March 1, 2009
26 Policy & Regulations The Statewide Perspective Michael Yahner Policy & Program Chief, California DCSS
27 Policy and Regulations Development History2000 Department establishedMPP sections pertaining to CS segregated from DSS (treated like regulations)2000 – 2007Authorized to develop policy via letterDeveloped some regulationsDeveloped Policy ManualContent of most of the letters is in manualTodayWe continue to issue lettersUpdate the PMRegulations
28 What prompts the need for communication? Why develop a policy, regulation or communication?Change at the federal levelOCSE or other federal office issues new direction to statesUIFSA 2008Change at the state levelNew state statuteDSS introduces new aid codesClarification to previously issued policyLaw or technology has changed the was we do somethingSocial Security Verification Request
29 What prompts the need for communication? (continued) Why develop a policy, regulation or communication?Risk avoidanceAddress issues of generally concern regarding potential riskPrivate Collection Agencies – safeguarding informationProvide direction/share informationGeneral issues (LCSA Letters)New report available (SOMS)Government Code section et seq. is the Administrative Procedure Act.
30 Policy and Regulations Development The CSSD Policy and Program Branch produces the majority of policy and regulations issued by DCSSExtensive research and collaborationDCSS subject matter expertsDCSS Office of Legal ServicesCSDA Policy & Regulations (PP&R) CommitteeExtensive reviewDCSS staffDivision DeputyDCSS Deputy DirectorsCSDA membershipDCSS Directorate
31 DCSS ORGANIZATIONThis section gives authority for the Department to adopt regulations according to the Administrative Procedure Act.
32 Types of Communications Communication TypesLetters:Child Support Services - CSSChild Support Services Informational Notice - CSSINLocal Child Support Agency – LCSAPolicy Interpretation (PI)EblastsE-Communications (e-Comm)These are the communications from the Department that supplement the regulations.
33 Types of Communications Child Support Services letter – CSSDescribes new policy or regulations, or describes a particular action that the local child support agency must performDistribution - 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 websiteReview - Division; DCSS Exec & PP&R; CSDA; DCSS DirectorateDelivery - Update Policies and Procedures if necessary and Post to Public & CA CS Central websitesAdd some comments about federal regulations: Federal requirements for State IV-D plans.
34 Types of Communications (continued) Child Support Services Informational Notice letter – CSSINA 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 websiteReview - Division; DCSS Legal; DCSS DirectorateDelivery - Update Policies and Procedures if necessary and Post to Public & CA CS Central websites
35 Types of Communications (continued) Local Child Support Agency letter – LCSAA 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 websiteReview - Division; DCSS Legal; DCSS DirectorateDelivery - Post to Public & CA CS Central websites
36 Types of Communications (continued) Policy Interpretation – PIA response to a formal inquiry for clarification to previously provided policyDistribution - To: LCSA Policy Coordinator who submitted request - bcc: LCSA Directors, DCSS Leadership Team, LCSA Policy Coordinators and CA CS Central websiteReview - DivisionDelivery – ed to requestor and Post to CA CS Central websites
37 Types of Communications (continued) E-Communication – e-CommAn 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 TeamReview - DivisionDelivery –The first item after the PowerPoint handout is a list of Permanent Regulations as adopted for child support as of March 1, 2009
38 Types of Communications (continued) E-BLASTSAn 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 websiteReview – Division, DCSS Legal, DCSS DirectorateDelivery – , Post to Public & CA CS Central websites
39 The following topics are in varying degrees of development: What’s in the pipe line?The following topics are in varying degrees of development:Aid CodesUse of auto dialing and text messagingUse of Social MediaComplaint Resolution and State HearingCollection of Child Support incurred after child emancipatesConsumer credit reporting requests
41 Director, Kern County DCSS Policy & RegulationsThe LCSA PerspectivePhyllis NanceDirector, Kern County DCSS
42 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
43 Guiding PrinciplesSections – of the Family Code authorize and enjoin the Department of Child Support Services to adopt regulations which will:Ensure fair & consistent treatment of customersEnforce timely and effective collection activitiesImprove performance statewide and at the local child support agenciesFacilitate the evaluation of performanceIncrease program efficiency
44 What’s Important To LCSA’s? Customer ServiceTangible benefits to customersWorkloadNo duplicating or exceeding federal and state requirementsResourcesNo reduction in worker efficiencyPerformanceEnhancing program performance outcomes
45 Implementation Gives Direction TechnologyCSE Functionality ChangesProceduresGap AnalysisCustomer Service ImpactsTrainingStatewide, TOT, LocalCommunicationInternal/External
46 2014 CSS Letters CSS 14-13 – Mandatory Information Security Training CSS – Calculation of Interest on Installments*CSS Performance Improvement Process for Federal Fiscal Year 2015CSS – Request to Perform Non-Title IV-D ActivitiesCSS – Plan of CooperationCSS – 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
49 K1 & 3F Aide Codes - Legal Support assigned as matter of law State and LCSA functions under Title IV-DFederal v. State fundingCase closure regulationsIncome definition under Family CodeStipulations below guideline restrictionsWaiver of arrearsAnalysis by analogy:Treatment of MFG children“Zapata” childrenDSS All-County Letters
50 K1 & K3 Aid Codes - Statewide DSS established aid codes K1 and 3FNo federal funds used – not eligible for CS enforcementAlert LCSAs via e-CommDiscussed at PP&R and developed draft letterEditing per feedback receivedWill route for formal review soonWhat are some of the consequences for failure to comply with regulations?
51 K1 & K3 Aid Codes - LCSA Customer Service How does this impact custodial parentsAided/Not aidedWorkloadHow many casesNeed to Update ProceduresCase ClosureResourcesTechnologySystem FunctionalitySweepsPerformanceTrainingPerformance Analysis –CA/NAWhat are some of the consequences for failure to comply with regulations?