policy & regulations terry symens-bucher supervising attorney, alameda county, dcss michael...
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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
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Child Support Regulations
California Code of Regulations,Department of Child Support ServicesTitle 22, Division 13
DCSS homepage: www.childsup.ca.gov✷ Tab Resources✷ Tab Child Support Professionals✷ Right-Click Policies✷ Right-Click Regulations
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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
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Title 22, Division 13 (continued)
CHAPTER 7. INTERSTATE CASESCHAPTER 8. CASE CLOSURE CHAPTER 9. COLLECTION AND DISTRIBUTION
OF CHILD SUPPORTCHAPTER 10. COMPLAINT RESOLUTION CHAPTER 11. QUALITY CONTROLCHAPTER 12. AUTOMATION REQUIREMENTS
(RESERVED)CHAPTER 13. CONFLICT OF INTEREST CODE
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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Regulations, orders, and standards shall be adopted, amended, or repealed by the director only in accordance with Chapter 3.5 (commencing with Section 11340) … of the Government Code.
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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.
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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.
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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.
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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 17312 as necessary and appropriate.
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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.
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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 § 11342 (g)
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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 Society29 Cal.App.4th 511, 1994
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Permanent Rule Making Process
Requirement for rule adoption:
Compliance with the APA (Government Code §§ 11340 et seq.)
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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
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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.
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Exception to APA requirements:
A rule that relates only to internal management of the state agency.
Government Code § 11340.9 (d)
Other rules expressly exempted from APA process:
✷ Forms✷ Audit guidelines✷ Rules containing the only legally tenable
interpretation of a statute
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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 Standards Chapter 12–200 Program Performance Reviews 113 KB Chapter 12–300 Case Closure 16 KB Chapter 12–400 Child Support Collections and
Distribution RegulationsChapter 12–500 Franchise Tax Board (FTB) Child
Support Collection Program Regulations
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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 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 12–1000 Title IV–D Complaint Resolution Procedures
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More Regulations and Resources
Regs & Resources @ www.childsup.ca.gov
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
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www.childsup.ca.gov/ChildSupportProfessionals/Policies/
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) Email Blast (EBlast) Office of Child Support Enforcement (OCSE) Policy Documents (external site)
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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 YahnerPolicy & Program Chief, California
DCSS
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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
• 2010 - 2011 Developed Policy Manual• Content of most of the letters is in manual
• Today • We continue to issue letters • Update the PM• Regulations
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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
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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)
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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
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DCSS ORGANIZATION
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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)
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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
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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
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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
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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 – Emailed to requestor and Post to CA CS Central websites
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Types of Communications (continued)
E-Communication – e-Comm
• An informal email 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 – Email
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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 – Email, Post to Public & CA CS Central websites
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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
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Guiding Principles
Sections 17000 – 17804 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
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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
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Implementation Gives Direction
• Technology• CSE Functionality Changes
• Procedures• Gap Analysis• Customer Service Impacts
• Training• Statewide, TOT, Local
• Communication• Internal/External
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2014 CSS Letters
• CSS 14-13 – Mandatory Information Security Training
• CSS 14-11 – Calculation of Interest on Installments*
• CSS 14-12 - Performance Improvement Process for Federal Fiscal Year 2015
• CSS 14-10 – Request to Perform Non-Title IV-D Activities
• CSS 14-07 – Plan of Cooperation
• CSS 14-05 – Electronic Payment Process*
• CSS 14-03 – Opening Child Support Arrears Only Cases When Children are Emancipated*
• CSS 14-01 – Determining if an Audit Should be Conducted When Case Management Responsibility Changes*
*PP&R Agenda Item
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[email protected] 868-8480
Case Study
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
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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
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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
Questions?????
