2. Supervising Attorney, Alameda County, DCSS Michael Yahner
Policy & Regulations
Terry Symens-Bucher
Supervising Attorney, Alameda County, DCSS
Michael Yahner
Policy & Program Chief, California DCSS
Phyllis Nance
Director, Kern County DCSS

3. Supervising Attorney, Alameda 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
Add some comments about federal regulations: Federal requirements for State IV-D plans.

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 17312
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Regulations, orders, and standards shall be adopted, amended, or repealed by the director only in accordance with Chapter 3.5 (commencing with Section 11340) … of the Government Code.
Government Code section et seq. is the Administrative Procedure Act.

8. Family Code section 17306
Legislative 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 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.)
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 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
TRANSITION—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 12–1000
Chapter 12–000 General Statement
Chapter 12–100 Child Support Enforcement Program Components and Standards
Chapter 12–200 Program Performance Reviews 113 KB
Chapter 12–300 Case Closure 16 KB
Chapter 12–400 Child Support Collections and Distribution Regulations
Chapter 12–500 Franchise Tax Board (FTB) Child Support Collection Program Regulations

20. Manual of Policies and Procedures (continued)
Chapter 12–600 Real Property Liens
Chapter 12–700 Franchise Tax Board (FTB) and Financial Management Services (FMS) Tax Refund Intercept Regulations
Chapter 12–800 Compliance and Sanctions
Chapter 12–900 Compliance with State Plan for Determining Paternity, Securing Child Support, and Enforcing Spousal Support Orders
Chapter 12– Title IV–D Complaint Resolution Procedures

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
The first item after the PowerPoint handout is a list of Permanent Regulations as adopted for child support as of March 1, 2009

22. State DCSS’ Policies Web page

23. Chief Counsel Letters (CCL) Child Support Certification Letters
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).

26. Policy & Regulations The Statewide Perspective Michael Yahner
Policy & Program Chief, California DCSS

27. Policy and Regulations Development
History
2000 Department 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)
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 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
DCSS Deputy Directors
CSDA membership
DCSS Directorate

31. DCSS ORGANIZATION
This section gives authority for the Department to adopt regulations according to the Administrative Procedure Act.

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)
These are the communications from the Department that supplement the regulations.

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
Add some comments about federal regulations: Federal requirements for State IV-D plans.

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 –
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-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. 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 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

40. Michael Yahner

41. Director, Kern County DCSS
Policy & Regulations
The LCSA Perspective
Phyllis Nance
Director, 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 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

44. 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

45. Implementation Gives Direction
Technology
CSE Functionality Changes
Procedures
Gap Analysis
Customer Service Impacts
Training
Statewide, TOT, Local
Communication
Internal/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 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

48. Case Study

49. 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

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
What are some of the consequences for failure to comply with regulations?

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
What are some of the consequences for failure to comply with regulations?

52. Questions?????