Policy & Regulations
Terry Symens-Bucher
Supervising Attorney, Alameda County, DCSS
Michael Yahner
Policy & Program Chief, California DCSS
Phyllis Nance
Director, Kern 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
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Tab Resources
Tab Child Support Professionals
Right-Click Policies
Right-Click Regulations
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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
5
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
6
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adopted, amended, or repealed by the director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.
7
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.
8
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.
9
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.
10
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.
11
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.
12
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)
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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
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Permanent Rule Making Process
Requirement for rule adoption:
Compliance with the APA (Government Code §§
11340 et seq.)
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Office of Administrative Law
Independent State Agency that review agency
regulations for:
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Compliance with procedural requirements
Specified criteria
• Authority
• Clarity
• Necessity
• Reference
• Non-duplication
Accepts or Rejects based upon review
results
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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.
17
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:
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Forms
Audit guidelines
Rules containing the only legally tenable
interpretation of a statute
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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
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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
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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
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Emergency Packages at OAL Under Review: none
Emergency Packages in Force: none
Open for Comment Packages: none
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State DCSS’ Policies Web page
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)
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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).
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[email protected]
925-468-9145
Policy & Regulations
The Statewide Perspective
Michael Yahner
Policy & Program Chief, California DCSS
Policy and Regulations Development
History
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2000 Department established
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2000 – 2007
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Authorized to develop policy via letter
Developed some regulations
2010 - 2011 Developed Policy Manual
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MPP sections pertaining to CS segregated from DSS
(treated like regulations)
Content of most of the letters is in manual
Today
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We continue to issue letters
Update the PM
Regulations
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What prompts the need for communication?
Why develop a policy, regulation or communication?
• Change at the federal level
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OCSE or other federal office issues new direction to states
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UIFSA 2008
• Change at the state level
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New state statute
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DSS introduces new aid codes
• Clarification to previously issued policy
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Law or technology has changed the was we do something
•
Social Security Verification Request
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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
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General issues (LCSA Letters)
• New report available (SOMS)
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Policy and Regulations Development
• The CSSD Policy and Program Branch produces the majority of
policy and regulations issued by DCSS
• Extensive research and collaboration
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DCSS subject matter experts
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DCSS Office of Legal Services
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CSDA Policy & Regulations (PP&R) Committee
• Extensive review
•
DCSS staff
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Division Deputy
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CSDA Policy & Regulations (PP&R) Committee
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DCSS Deputy Directors
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CSDA membership
•
DCSS Directorate
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DCSS ORGANIZATION
8
Types of Communications
Communication Types
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Letters:
• Child Support Services - CSS
• Child Support Services Informational Notice - CSSIN
• Local Child Support Agency – LCSA
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Policy Interpretation (PI)
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Eblasts
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E-Communications (e-Comm)
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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
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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
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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
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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
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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
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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
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What’s in the pipe line?
The following topics are in varying
degrees of development:
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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
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Michael Yahner
[email protected]
916-464-5180
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
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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
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What’s Important To LCSA’s?
• Customer Service
•
Tangible benefits to customers
• Workload
•
No duplicating or exceeding federal and state
requirements
• Resources
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No reduction in worker efficiency
• Performance
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Enhancing program performance outcomes
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Implementation Gives Direction
• Technology
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CSE Functionality Changes
• Procedures
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Gap Analysis
Customer Service Impacts
• Training
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Statewide, TOT, Local
• Communication
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Internal/External
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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
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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
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[email protected]
661 868-8480
Case Study
K1 & 3F Aide Codes - Legal
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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:
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Treatment of MFG children
“Zapata” children
• DSS All-County Letters
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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
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K1 & K3 Aid Codes - LCSA
• Customer Service
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How does this impact custodial parents
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Aided/Not aided
• Workload
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How many cases
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Need to Update Procedures
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Case Closure
• Resources
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Technology
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System Functionality
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Sweeps
• Performance
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Training
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Performance Analysis –CA/NA
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Questions?????