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The Evolution of US/North American Enforcement Practices 20 Years of Learning
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Progressive Development The Beginnings: 1975 – Title IV-D of the Social Security Act (42 USC § §651 et. Seq.) - 1910 Uniform Desertion and Non Support Act – (NCCUL) - 1950 URESA – Interstate crossover to establish & collect Omnibus Reconciliation Act of 1981 - federal tax intercepts - unemployment wage garnishment 1988 – The Family Support Act -Guidelines -Wage garnishment – 1992 -Statewide computer system 1992 – The Child Support Recovery Act – federal prosecution Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Next Set of Game Changers: Personal Responsibility Work Opportunity Reconciliation Act of 1996 - 48 new requirements/provisions/tools - Mix of family support and enforcement administration - Paternity Acknowledgement Administrative New enhanced computerization requirements Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Next Set of Game Changers: Personal Responsibility Work Opportunity Reconciliation Act of 1996 - Federal obligations PLS/FPLS - Genetic test - Subpoena power – all state entities must comply -Reconciliation of CEJ orders Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Next Set of Game Changers: Personal Responsibility Work Opportunity Reconciliation Act of 1996 (cont’d) - SDUs - UIFSA ’96 -Standard guidelines improvements Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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Child Support Performance & Incentive Act – 1998 - Established 5 new performance criterion that all child support agencies are measured against - States compete for share of capped pool of funds, paternity, order establishment, payment on current, payment on debt, and cost effectiveness Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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Key Collection Components IWO – Income Withholding Order & Electronic Income withholding order (EIWO) - Requires all employers to pay child support consistent with order or pay schedule - Maximum withholding provisions -Address medical where medical is provided Issues: o Employer reporting o Changing demographics of employment o Changing demographics of parents Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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Key Collection Components Centralized Payment Processing (SDU) – 2 days from receipt - Payments in - - traditional: credit card, check, cash, etc. - new: MoneyGram, PayNearMe, Kiosks, etc. - Payments out – - direct deposit – individual and central authority - branded debit cards - checks Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Enforcements Tools: Income Tax Withholding State & Federal - 41 States have State tax – regular distribution -$ 1.8 billion collected through federal tax (FFY ’14) Issues: o Impact of Fraud o Priority for recovery of assistance debt Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Enforcements Tools (cont’d.): License Revocation - Withhold, suspend or restrict drivers, professional, recreational or sporting. Issues: o impact to jobs o length and variability of process Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Enforcements Tools (cont’d.): Financial Institution Match -Requires States to conduct quarterly match with all financial institutions (Banks, pension, stock /IRAs, etc.) to intercept for debt Issues: o Instate Banks vs Multi-state Banks o State Lien Laws Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Enforcements Tools (cont’d.): New Hires -Requires the reporting by all employers within 20 days of any employee hire or rehire Issues: o Compliance o Definition o Independent contractors Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Enforcements Tools (cont’d.): Liens Against Real & Personal Property -Requires States to set thresholds and have procedures to intercept Issues: o Only 5 States have centralized lien registration o Local effort very time consuming o No must for insurers o No penalty Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Enforcements Tools (cont’d.): Passport Intercept -Requires States to suspend, deny or withhold an individuals passport for failure to pay Issues: o Length of passport o Ability to suspend/management of individual’s passport Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Enforcements Tools (cont’d.): Consumer Report/Credit Agency - Requires States to have procedures for reporting delinquencies or debt owed and not paid or date due to credit agencies Issues: o Length of time of record o Lack of real impact to credit Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Enforcements Tools (cont’d.): Prosecution and Jail – All States are required to have procedures to jail (contempt - civil & criminal) – US Attorney General has ability to prosecute in federal court and jail (PSOC) Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Paradigm: Then Short term strategies to collect now and again Treat every case the same way Everyone can get a full-time job High orders are motivating Throw all of the automated tools at the case to try to collect high arrearages Come up with the money or go to jail Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The paradigm: Moving to the future How can we build a better enforcement practice? Building a case through early engagement and technology Gather information from both parents (phone calls, in- person meetings, case conferencing, questionnaires) Use automated data sources to update and strategically align practices and tools to situation Increasing participation and procedural fairness Short- and medium-term strategies to increase reliable support to children Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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The Paradigm: Moving to the future Accurate orders improve compliance Using data to select the right tools for the right person at the right time Early intervention to prevent debt build-up Identifying and addressing the reasons for nonpayment Change behavior to encourage payment.. build up ability and willingness to pay Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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New Methods of Enforcement/Engagement Customer service outreach Automated/integrated self service Job programs Behavioral intervention program Graduated or tailored use of existing tools Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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Why this makes sense Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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How? Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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Utilize Data Effectively to address specific circumstances I.Standard Data Assets/Better Collection – Income and assets – Employment History – Public assistance use – Multiple families Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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Utilize Data Effectively to address specific circumstances (cont'd.) II.New data developments – Zip code – Education – Criminal record – Health – Standard of living (paying rent, doubling up, home or car ownership) Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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Lessons Learned: Automation – Initially very effective; improved connections with workload management – Variability and definitions out of synch; within and across the States – Need to build non traditional data alignments and sources – Conduct regular and individual data analytics profiling to allow for strategic utilization Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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Lessons Learned (cont'd): Utilize Tailoring – Recognizing the differences in Age generation Demographics Resources Messaging Alisha Griffin, Director, California Department of Child Support Services November 10, 2015
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THANK YOU QUESTIONS?
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