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

Supervising Attorney, Alameda County, DCSS Policy & Regulations The Legal Perspective Terry Symens-Bucher Supervising Attorney, Alameda County, DCSS

Child Support Regulations California Code of Regulations, Department of Child Support Services Title 22, Division 13 DCSS homepage: www.childsup.ca.gov 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.

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

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

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 Regulations, orders, and standards shall be adopted, amended, or repealed by the director only in accordance with Chapter 3.5 (commencing with Section 11340) … of the Government Code.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

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.

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.

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.

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.

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?

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) So it seems to include just about any directive concerning policy and procedure.

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

Permanent Rule Making Process Requirement for rule adoption: Compliance with the APA (Government Code §§ 11340 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 00-10 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.

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

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.

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 TRANSITION—in addition to regulations the Department communicates with the LCSA’s by a variety of ways:

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

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 12–1000 Title IV–D Complaint Resolution Procedures

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

State DCSS’ Policies Web page

Chief Counsel Letters (CCL) Child Support Certification Letters 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)

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).

Terry.Symens-Bucher@acgov.org 925-468-9145

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

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 2010 - 2011 Developed Policy Manual Content of most of the letters is in manual Today We continue to issue letters Update the PM Regulations

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

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 11340 et seq. is the Administrative Procedure Act.

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

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

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.

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.

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

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

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

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

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

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

Michael Yahner Michael.Yahner@DCSS.CA.gov 916-464-5180

Director, Kern County DCSS 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

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

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

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

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

Pnance@co.kern.ca.us 661 868-8480

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

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?

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?

Questions?????