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SAFELY PURSUING CHILD SUPPORT

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The material in this presentation was prepared by the Office of Child Support Enforcement,

Administration for Children and Families,

Department of Health and Human Services, in collaboration with

the National Resource Center on Domestic Violence (2011))

+ We’ll explore…

Domestic/family violence – What is it and why is it important to child support offices?

Safely pursuing child support – How do you assess and address the safety risks of domestic violence victims?

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+ Where do people get “stuck”?

“Why doesn’t she just leave?” “She should just think of the kid

s!” “Why didn’t she tell me?” “What am I supposed to do? Isn’t

this someone else’s responsibility?”

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Most domestic violence victims want to pursue child support if they can do so safely.

Domestic violence issues can come up at any point in the child support process.

In order for survivors to do good safety planning, they need accurate and complete information about the child support process.

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+ DOMESTIC VIOLENCE

A pattern of abusive behaviors, including physical, sexual, and psychological abuse as well as economic coercion, used against an intimate partner.

Often involves the use of a combination of tactics of one partner aimed at establishing control over the other.

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+ Not just physical violence…

Stalking and threats to kidnap, kill, or otherwise harm family, friends, or propertyThreats to commit suicideRepeated use of degrading or coercive languageControlling access to food or sleep and withholding access to money, credit cards or medical careWithholding immigration documents, threatening deportationDenying contact with friends or family

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What do we know?

Approximately 1.5 million women and 834,700 men are raped and/or physically assaulted by an intimate partner annually in the United States. Because many victims are victimized more than once, the number of intimate partner victimizations exceeds the number of intimate partner victims annually.(1)

The vast majority of domestic violence victims are women abused by a male partner. Females are 84% of spouse abuse victims and 86% of victims of abuse at the hands of a boyfriend or girlfriend.(2)

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Leaving an abusive relationship does not guarantee the reduction or elimination of violence or risk.(3)

In fact, leaving may create new risks or increase existing ones (kidnapping, threats against family and friends).(3) The rates and seriousness of physical abuse increase during periods of separation or divorce.(4)

What do we know?

+ 10 Domestic Violence and Economic Support

More than 50% of battered women surveyed in one study stayed with

their abusive partners because they did not feel that they could support

themselves and their children.(5)

  

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Women with abusive partners often use welfare as a bridge out of these relationships.(6)

Between 40-60% of current welfare recipients have experienced domestic violence at some point in their lives. Up to 25% report that the abuse is a current problem.(7)

Domestic Violence and Economic Support

+What is most important to

a parent?

Housing? Safety/well-being? Food security? Transportation? Support networks?

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+What is on a survivor’s mind?

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HousingEmploymentTANF/Cash assist.Food securityHealth careChild supportVisitation

Protective orderChild careConfidentialityTransportationEducationMoneyFamily

CustodySubstance abuseCounselingSeparatingClothingCourt datesSafety

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Each domestic violence Each domestic violence victimvictim’’s circumstances, s circumstances,

risks and resources risks and resources will be different, will be different, and may change.and may change.

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+ 15Specific Child Support Risks Violent retaliation in response to

paternity establishment or enforcement actions

Abuser may gain knowledge of a survivor’s whereabouts or access to children to whom he poses a threat

An abusive ex-partner may re-enter her life

Threats to seek custody of children escalate

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Over 90% of women with current/former abusive

partners indicate an interest in pursuing child support

IF THEY CAN DO SO SAFELY(8)

  

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Safety issues can come up at any point in the

child support process.

17 Domestic Violence and Economic Support

+ 18 Safely Pursuing Child Support Provide information to victims at all

stages Create safe and confidential

opportunities to disclose

Individualize strategy - including “red light” and “yellow light” strategies when appropriate

Maintain confidentiality Train staff and build relationships with

domestic violence partners

+ DISCLOSURE

Disclosing domestic violence is difficult and sometimes dangerous – but there are

steps you can take to facilitate disclosure.

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+ 20 What supports disclosure? Messages that say this is a safe,

informed place in which to tell and that YOU are a safe, informed person to tell.

Victims/survivors understand how and by whom the information will be used.

They have repeated opportunities to disclose.

They receive respect and validation upon disclosure, and their confidentiality and privacy is respected.

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In order to do good safety planning,domestic violence victims/survivors

needaccurate, timely and complete

information about their

responsibilitiesand the

options, resources and confidentiality protections available to them.

Safely Enforcing Child Support

+ 22 What do clients need to know?

Parents will be asked to provide information. If the parents are not married, paternity must

be established. Attendance at court proceedings, conferences

and hearings may be required. Court papers with names/addresses of both

parents will be sent to each party. A range of enforcement strategies may be

employed. Each step may create or increase risks from

abusive partner or ex-partner.

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Addressing Safety Risks (old paradigm)

TANF applicants/recipients can request a good cause waiver of the cooperation requirements.Victims not receiving TANF could elect to not file for child support. For everyone else, full enforcement would For everyone else, full enforcement would occur. occur.         

“Red Light” – “Green Light”

+ 24Safely Pursuing Child Support “Yellow Light” Approaches

Develop individualized case management and enforcement plans when possible – Identify specific risks facing the client and respond to those specific risks as possible

Ensure client participation in decision-making

Institute safety and confidentiality procedures – Use the Family Violence Indicator (FVI) and other means to reduce ability of abuser to use child support system to track down victim

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Use enforcement tools selectively – Understand which enforcement mechanism might increase risk and avoid if possible (if necessary to proceed)

Provide notice to clients prior to taking actions that may pose risk to allow time for victim to design a safety plan – For example, when papers are to be served, when face-to-face meetings are inevitable

Safely Pursuing Child Support “Yellow Light” Approaches

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Upon receiving a good cause request, halt the child support process until a determination is made.

Involve the claimant in the GC determination. Never contact the NCP to substantiate a GC

claim. Require minimal amount of documentation. Periodically review good cause cases to see if

the situation has changed and child support can be pursued safely.

If good cause is denied, provide ample notice before proceeding and consult to see if individualized enforcement plan should be developed.

“Good Cause” Best Practices

+ Improving “Good Cause” Practice

Continue to evaluate and improve processes for informing participants of good cause options.

Develop mechanism for measuring how many people apply for, are granted, and are denied good cause.

Consider connecting everyone denied good cause with a domestic violence advocate.

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+ 28 The Family Violence Indicator

A Family Violence Indicator (FVI) can be placed on the victim and child

to protect addresses and other confidential information.

Should function to automatically block a victim’s address from appearing on

pleadings and correspondence and alert child support workers to risk.

+ Other Strategies to Address Risk Require check-in of all visitors/clients Conduct interviews and conferences in private

space Keep all outside doors locked or secure Allow survivor to park in well-lit areas near building Have security/sheriff available when requested,

including to escort a survivor to and from her transportation

Use posters, flyers and web-based information to communicate that you understand and care about safety issues

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+Making Child Support Work for Domestic Violence VictimsUniversally provide information about potential

risks and safeguards at all stages of the process

Create safe and confidential opportunities to disclose

Build strong partnerships with local and state domestic violence programs and coalitions and engage in ongoing cross-training

Gather – and use – data to improve response

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CSE Core Mission:Locate Parents

Establish PaternityEstablish OrdersCollect Support

ChildSupport

Prevention

Engagementof Fathers from Birth

Family Violence

Collaboration

Healthy Family

Relationships

Health Care Coverage

Office of Child Support Enforcement

Economic Stability

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Survivors of domestic violence need safe access to child support services

Survivors can face a host of issues and barriers Effective and safe service requires an

intentional, ongoing and integrated approach Providing universal information enhances

safety and efficiency Domestic violence programs/experts are

important partners and resources for you and your clients

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+ SOURCES (1) Tjaden, P., & Thoennes, N. (2000). Extent, nature, and consequences of

intimate partner violence: Findings from the National Violence Against Women Survey. Washington, DC: U.S. Department of Justice, National Institute of Justice and Centers for Disease Control and Prevention.

(2) Durose, M. R., et al. (2005). Family Violence Statistics: Including Statistics on Strangers and Acquaintances. Washington, DC: Department of Justice, Bureau of Justice Statistics.

(3) Davies, J. (2008, June). When Battered Women Stay…Advocacy Beyond Leaving. Harrisburg, PA: National Resource Center on Domestic Violence, Building Comprehensive Solutions to Domestic Violence, Publication #20.

(4) Tjaden, P., & Thoennes, N. (July 2000). Extent, nature, and consequences of intimate partner violence – Findings from the National Violence Against Women Survey. Washington, DC: National Institute of Justice and the Centers for Disease Control and Prevention. Block, C. R. (2004). Risk Factors for Death or Life-Threatening Injury for Abused Women in Chicago. Washington, DC: US Department of Justice, National Institute of Justice.

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+SOURCES(5) Sullivan, C., et al. (1992). After the Crisis: A Needs Assessment of

Women Leaving a Domestic Violence Shelter. Violence and Victims, 7, 267.

(6) Lyon, E. (1997). Poverty, Welfare, and Battered Women: What Does the Research Tells Us? Harrisburg, PA: National Resource Center on Domestic Violence.

(7) Lindhorst, T., et al. (2007). Longitudinal Effects of Domestic Violence on Employment and Welfare Outcomes. Journal of Interpersonal Violence, 22, 812 – 828. Lindhorst, T., et al. (2008). Screening for Domestic Violence in Public Welfare Offices: An Analysis of Case Manager and Client Interactions. Violence Against Women, 14, 5 – 28.

(8) Pearson, J., & Thoennes, N. (2000). New directions for child support agencies when domestic violence is an issue. Policy and Practice, 58, 29-36.

34 SOURCES

+ ADDITIONAL RESOURCESOCSE - For additional training resources, including a “We Care About Your Safety” Outreach Card (English and Spanish), a Case Worker Desk Card, and other training resources:

www.acf.hhs.gov/programs/cse

National Resource Center on Domestic Violence – For a special online collection of research, policy and practice information, and other materials related to domestic violence and child support issues:

www.vawnet.org/special-collections/ChildSupport.php

National Domestic Violence Hotline – For direct assistance for victims and outreach/public education resources:

www.thehotline.org/resources/

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Thank you!