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2 Social Security Act 42 USC Chapter 7 Title IV-D “The Title IV-D program was designed by Congress to save federal and state funds by recovering assigned support payments from absent parents of children in families receiving AFDC benefits, and to reduce the number of welfare recipients. This plan would be undermined if …Title IV-D became an entitlement program which guaranteed specific child support enforcement services to all individual AFDC recipients.” Source: Brief For The Federal Respondent, by KENNETH W. STARR Solicitor General, STUART M. GERSON Assistant Attorney General, ANTHONY J. STEINMEYER, IRENE M. SOLET Attorneys, Footnote 6, FEBRUARY 1990

3 Social Security Act 42 USC Chapter 7 Title IV-D Key Child Support Demographics Over 70 million U.S. Citizens enrolled in Title IV-D benefits and growing. Over 70 million U.S. Citizens enrolled in Title IV-D benefits and growing. Public assistance utilization has been declining steadily amongst custodial parents with a 13 percent decline from 1992 to Public assistance utilization has been declining steadily amongst custodial parents with a 13 percent decline from 1992 to About 1.2 million divorces occur each year, involving approximately 1 million children. About 1.2 million divorces occur each year, involving approximately 1 million children. According to Office of Child Support Enforcement 25% of non- custodial parents are women, a number that will rise. According to Office of Child Support Enforcement 25% of non- custodial parents are women, a number that will rise.

4 Social Security Act 42 USC Chapter 7 Title IV-D United States General Accounting Office GAO Reports “ … many non-AFDC clients may not be within the population the Congress envisioned serving.” p. 6 June 13, 1995 “Opportunity to Reduce Federal and State Costs” Report # GAO/T-HEHS By Jane L. Ross, Director, Income Security Issues

5 Social Security Act 42 USC Chapter 7 Title IV-D “Title IV-D was not intended to benefit individual children and custodial parents, and therefore it does not constitute a federal right. Far from creating an individual entitlement to services, the standard is simply a yardstick for the Secretary to measure the system-wide performance of the State’s Title IV-D program. Thus, the Secretary must look to the aggregate services provided by the State, not whether the need of any particular person have been satisfied … As such, it does not give rise to individual rights.” Source: U.S. Supreme Court Case – Blessing v Freestone, 520 U.S. 329 (1997) The intended beneficiary of the IV-D program is not an individual, it is the government.

6 Social Security Act 42 USC Chapter 7 Title IV-D Child Support Enforcement After 1996 Welfare Reform Designed by Congress to put the middle and upper class population on welfare.

7 Social Security Act 42 USC Title IV-D Section 651 Authorization of Appropriations After 1996 Welfare Reform For the purpose of enforcing the support obligations owed by noncustodial parents to their children and the spouse (or former spouse) with whom such children are living, locating noncustodial parents, establishing paternity, obtaining child and spousal support, and assuring that assistance in obtaining support will be available under this part to all children (whether or not eligible for assistance under a state program funded under part A of this subchapter) for whom such assistance is requested, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this part.

8 Social Security Act 42 USC Chapter 7 Title IV-D State Plan Requirements for Child and Spousal Support Section 654 (4) A State plan for child and spousal support must : A State plan for child and spousal support must : Provide that the State will - (A) Provide services relating to the establishment of paternity or the establishment, modification, or enforcement of child support obligations, as appropriate, under the plan with respect to -

9 Social Security Act 42 USC Chapter 7 Title IV-D State Plan Requirements for Child and Spousal Support Social Security Act 42 USC Chapter 7 Title IV-D State Plan Requirements for Child and Spousal Support Continued Section 654 (4)(A) (i) Each child for whom (I) Assistance is provided under the State program funded under part A of this subchapter (II) Benefits or services for foster care maintenance are provided under the State program funded under part E of this subchapter (III) Medical assistance is provided under the State plan approved under subchapter XIX of this chapter (IV) Cooperation is required pursuant to section 2015(l)(1) of title 7, unless, in accordance with paragraph (29), good cause or other exceptions exist; (ii) Any other child, if an individual applies for such services with respect to the child

10 Social Security Act 42 USC Chapter 7 Title IV-D Question: How Many Current Recipients Are Ineligible By Original Congressional Intent? Federal Fiscal Year 2005 CurrentAssistanceCasesFormerAssistanceCasesNeverAssistanceCasesTotalIV-DCases 2005 numbers 2,495,8177,292,8286,072,10815,860, percentages 15.7%46%38.3%100%

11 Social Security Act 42 USC Chapter 7 Title IV-D Social Security Act 42 USC Chapter 7 Title IV-D Former Public Assistance Title IV-D Cases What is the likelihood of being “at risk” for future welfare? “people leaving TANF have a 30% chance of coming back.” Quote By: Dr. Sherri Heller, U.S. Commissioner of OCSE Source: Wayland Campbell, Minnesota Family Support & Recovery Council, IV-D News ’n Views Newsletter, August 2002.

12 Social Security Act 42 USC Chapter 7 Title IV-D Question: How many current Title IV-D recipients are ineligible based on original Congressional intent to provide services to: a) Those on welfare b) Those at risk of falling back on public assistance? Research Concept: Molly Olson, Center for Parental Responsibility

13 Social Security Act 42 USC Chapter 7 Title IV-D Continued FFY 2005 Total Cases Total Title IV-D Cases Nationwide 15,860,753 Eligible: Total Current Assistance cases 2,495,817 Eligible: 30% of Former Assistance Cases 2,187,848 Total Number of Eligible Title IV-D Cases 4,683,665 Total Percent of Eligible Title IV-D Cases 29.5% Ineligible: Total Never Assistance Cases 6,072,108 Ineligible: 70% of Former Assistance Cases 5,104,979 Total Number of Ineligible Title IV-D Cases11,177,087 Total Percent of Ineligible Title IV-D Cases 70.5% Research Concept: Molly Olson, Center for Parental Responsibility

14 Social Security Act 42 USC Chapter 7 Title IV-D Eligibility After 1996 Welfare Reform Section 657 (a) (1) Families receiving assistance… (1) Families receiving assistance… (2) Families that formerly received assistance… (2) Families that formerly received assistance… (3) Families that never received assistance… (3) Families that never received assistance… (4) Families under certain agreements… (4) Families under certain agreements…

15 Social Security Act 42 USC Chapter 7 Title IV-D Social Security Act 42 USC Chapter 7 Title IV-D Requires Due Process Protections Section 666 Requirement of statutorily prescribed procedures to improve effectiveness of child support enforcement.

16 Social Security Act 42 USC Chapter 7 Title IV-D Social Security Act 42 USC Chapter 7 Title IV-D Requires Due Process Protections Section 666 (a)(2) Expedited administrative and judicial procedures (including the procedures specified in subsection (c) of this section) for establishing paternity and for establishing, modifying, and enforcing support obligations.

17 Social Security Act 42 USC Chapter 7 Title IV-D Social Security Act 42 USC Chapter 7 Title IV-D Requires Due Process Protections Section 666 (a)(2) States are routinely in violation of this requirement. States are routinely in violation of this requirement. Such violation disqualifies Title IV-D participation. Such violation disqualifies Title IV-D participation.

18 Social Security Act 42 USC Chapter 7 Title IV-D California Story Total Population of CA Minor Children: 8,480,142 Total Population of CA Minor Children: 8,480,142 Total CA Cases In Title IV-D:1,762,996 Total CA Cases In Title IV-D:1,762,996 Ratio of IV-D Cases to Total CA Minors: % Ratio of IV-D Cases to Total CA Minors: % Population of California 2005: 36,132,147 Population of California 2005: 36,132,147 Ratio of IV-D Cases to CA Population:4.9 % Ratio of IV-D Cases to CA Population:4.9 % California Child Support Program Collects $2.22 Billion in 2005

19 Social Security Act 42 USC Chapter 7 Title IV-D California Child Support Distributions Current Assistance $293,656,538 Current Assistance $293,656,538 Former Assistance $1,151,525,505 Former Assistance $1,151,525,505 Never Assistance* $677,649,468 Never Assistance* $677,649,468 [30.5% of total] Total $2,222,045,042 Total $2,222,045,042 *Denotes Families Never Before on Welfare

20 Social Security Act 42 USC Chapter 7 Title IV-D Michigan Story Total Population of MI Minor Children: 2, 512,663 Total Population of MI Minor Children: 2, 512,663 Total MI Cases In Title IV-D: 1,043,274 Total MI Cases In Title IV-D: 1,043,274 Ratio of IV-D Cases to Total MI Minors: % Ratio of IV-D Cases to Total MI Minors: % Population of Michigan 2005: 10,120,860 Population of Michigan 2005: 10,120,860 Ratio of IV-D Cases to MI Population:10.3 % Ratio of IV-D Cases to MI Population:10.3 % Michigan Child Support Program Collects $1.38 Billion in 2005 Michigan Child Support Program Collects $1.38 Billion in 2005

21 Social Security Act 42 USC Chapter 7 Title IV-D Michigan Child Support Distributions Title IV-D Collections Distributed Current Assistance $37,661,250 Current Assistance $37,661,250 Former Assistance $434,853,431 Former Assistance $434,853,431 Never Assistance* $909,007,004 [65.8 percent of total] Never Assistance* $909,007,004 [65.8 percent of total] Total $1,381,521,685 Total $1,381,521,685 *Denotes Families Never Before on Welfare

22 Social Security Act 42 USC Chapter 7 Title IV-D California vs. Michigan Total Cases CA (Highest) 1,762,996 Total Cases CA (Highest) 1,762,996 Population of CA ,132,147 Population of CA ,132,147 Total Cases MI (2nd Highest) 1,043,274 Total Cases MI (2nd Highest) 1,043,274 Population of MI ,120,860 Population of MI ,120,860

23 Social Security Act 42 USC Chapter 7 Title IV-D California vs. Michigan More or Less Welfare Which is Better? California Ratio of IV-D Cases to Total CA Minors: % Ratio of IV-D Cases to Total CA Minors: % Ratio of IV-D Cases to CA Population: 4.9 % Ratio of IV-D Cases to CA Population: 4.9 % Never Assistance* 30.5% Never Assistance* 30.5%Michigan Ratio of IV-D Cases to Total MI Minors: % Ratio of IV-D Cases to Total MI Minors: % Ratio of IV-D Cases to MI Population:10.3 % Ratio of IV-D Cases to MI Population:10.3 % Never Assistance* 65.8 % Never Assistance* 65.8 % *Denotes Families Never Before on Welfare

24 Social Security Act 42 USC Chapter 7 Title IV-D California vs. Michigan Michigan has the largest number of families in Title IV-D per capita in the nation exceeding California by over 2 to 1. Michigan also has the largest ratio of Title IV-D cases per minor child in the nation.* *Surpassing California by 236 percent: 41.52% vs %

25 Social Security Act 42 USC Chapter 7 Title IV-D Statutory Recognition of Parental Authority A Ray of Hope? USC 42 Chapter 7 Subchapter XI Sec (d) Nothing in this chapter shall be construed as authorizing any Federal official, agent, or representative, in carrying out any of the provisions of this chapter, to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child. Nothing in this chapter shall be construed as authorizing any Federal official, agent, or representative, in carrying out any of the provisions of this chapter, to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child.