Child Support and the Family Violence Indicator

1
Child Support and the Family Violence Indicator

• A Brown Bag Training Program for Child Support
  Enforcement Agency Staff

2
The Traditional Child Support Enforcement Approach

• In the past, how did child support agencies
  usually respond to cases that raised family
  violence issues?
• Traditionally, IV-D efforts stopped.

3
The Traditional Child Support Enforcement Approach

• The nations IV-D Program was established
  primarily as a cost recovery program.
• In exchange for benefits, the recipient must
  assign support rights to the state.
• The recipient also must cooperate with IV-D
  paternity and/or child support efforts.

4
The Traditional Child Support Enforcement Approach

• Cooperation is not required when a person has
  good cause for not cooperating with paternity and
  child support efforts.
• Family violence is one basis for good cause.
• Good cause status typically stops IV-D case
  processing.

5
The Traditional Child Support Enforcement Approach

• States also provide IV-D services, upon
  application, to people who do not receive public
  assistance.
• However, in many states, family violence issues
  bring an end to private IV-D cases as well.

6
The Traditional Child Support Enforcement Approach

• Pro
• Families are not placed at an increased safety
  risk.

• Cons
• Families may have to choose between safety and
  support.
• Limits choices.

7
New Tools for Child Support Case Handling

• Today, there are new tools to help child support
  professionals process cases in a safer way when
  family violence is involved.
• One mechanism is found in the Uniform Interstate
  Family Support Act (UIFSA).

8
UIFSA Nondisclosure

• UIFSA 311(a) requires the home addresses of the
  parties and child to appear on pleadings.
• However, listing location can be dangerous in
  family violence situations.
• Accordingly, UIFSA includes a safeguard provision.

9
UIFSA 312 --Nondisclosure of Information in
Exceptional Circumstances
Upon a finding, which may be made ex parte, that
the health, safety, or liberty of a party or
child would be unreasonably put at risk by the
disclosure of identifying information, or if an
existing order so provides, a tribunal shall
order that the address of the child or party or
other identifying information not be disclosed in
a pleading or other document filed in a
proceeding under this Act.
10
New Tools for Child Support Case Handling

• Todays Federal Parent Locator Service (FPLS) and
  State Parent Locator Services (SPLS) provide IV-D
  staff with a wealth of information to locate
  people and/or their assets.

11
New Tools for Child Support Case Handling

• States must protect information when
• there is an order protecting a party or child
  from another party in the case or
• the state has reason to believe that the release
  of information to a person could cause harm to
  the party or child.

12
New Tools for Child Support Case Handling

• A state must notify HHS whenever there is
  reasonable evidence of domestic violence or child
  abuse and that disclosure could be harmful.
• States provide that notice by means of a Family
  Violence (FV) Indicator.

13
The Family Violence Indicator

• The FV Indicator is set in the State Case
  Registry (SCR) record of a person with a safety
  concern.
• States notify HHS about new or removed FV
  Indicators through their data transmissions to
  the Federal Case Registry of Child Support Orders
  (FCR).

14
The Family Violence Indicator

• State-specific uses of the FV Indicator vary.
• At the federal level, a FV Indicator results in a
  shut-off of FPLS data sharing regarding a
  protected person.

15
The Family Violence Indicator

• What are the ramifications of putting the FV
  Indicator on
• Custodial Party
• Noncustodial Parent or Putative Father
• Child

16
The Family Violence Indicator

• An FV Indicator Override permits certain
  authorized people to request the release of
  protected FPLS data to a state court.
• Upon receipt, the court must determine whether
  release of the data to any person could harm the
  party or child.

17
New Tools for Child Support Case Handling

• Many state and/or county IV-D agencies offer
  special protections to family violence victims.
• Insert state/county resources

18
Providing Child Support Services to Family
Violence Victims

• Other Resources
• OCSE Web Site -- www.acf.dhhs.gov