Administrative Process Presenter:Kristen Erickson-Donadee State of California DCSS, Legal Services Division Staff Counsel

Definition – Child Support Context Administrative Process is defined as a statutory system granting authority to an administrative agency to determine paternity and to establish and enforce orders. ■State legislature must enact statutes authorizing the administrative process ■The statutes must authorize the agency to make determinations in contested cases and provide some manner of enforcing those determinations ■Federal law requires the use of administrative processes

Analysis of Other States Administrative ■Maine ■Missouri ■Oregon ■Virginia ■Washington Quasi-Administrative ■Pennsylvania ■Texas

Steps in the Administrative Process 1.Notice 2.Response 3.Right to Administrative Hearing 4.Review of Administrative Action

Notice of Child Support Obligation ■Contents: ✷ Petition only Maine, Pennsylvania – time to respond or cite to conference Missouri, Oregon, Virginia – informal or precursor to administrative process ✷ Petition + Proposed Order Maine – additional time for response after Petition Missouri, Oregon, Texas, Virginia, Washington

Service of Notice ■Personal Service ✷ Always an option, but many states use it only as a last resort, or require where paternity is at issue ■Certified or other mail ✷ Maine, Missouri, Oregon, Virginia, Washington ✷ Pennsylvania – some use of informal, first-class mail service

Response ■Response/Request for Hearing can be: ✷ Written ✷ Oral ■Time limit to Respond can be: ✷ As little as 10 days ✷ As much as 30 days

Administrative Hearing ■LCSA Representative: ✷ Caseworker or equivalent ✷ Attorney ■Hearing Officer: ✷ ALJ ✷ Attorney ✷ Non-attorney ■Administered by: ✷ Outside agency ✷ Within DCSS

Judicial Review ■How to Petition: ✷ Written request by party is universal ■Time limit for Petition: ✷ As little as 10 days, ✷ As much as 30 days ■Type of Review: ✷ De Novo ✷ Limited to the Record

Miscellaneous ■Administrative modification of court orders ✷ Requires judicial approval of modified order prior to becoming effective ✷ Court must either approve or set for de novo hearing ■Enforcement: ✷ Docketing or Registration is done either at the time the administrative order is obtained, or when judicial enforcement action will be taken