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SAFELY ENFORCING CHILD SUPPORT ERICSA May 24, 2011 Anne Menard National Resource Center on Domestic Violence 1
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SAFELY ENFORCING CHILD SUPPORT
ERICSAMay 24, 2011
Anne MenardNational Resource Center
on Domestic Violence
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We’ll explore…
• Domestic violence - what is it and why it is important to child support offices
• Safely enforcing child support - How do you assess and address the safety risks of domestic violence victims?
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Where do people get “stuck”?
– “Why doesn’t she just leave?”– “She should just think of the kids!”– “Why didn’t she tell me?”– “What am I supposed to do?”– “Isn’t this someone else’s job?”
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HEADLINESHEADLINES Most domestic violence victims want to
pursue child support if they can do so safely.
Domestic violence issues can come up at any point in the child support process.
In order to do good safety planning, survivors need accurate and complete information about the child support process.
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DOMESTIC VIOLENCE
• A pattern of abuse and coercive behaviors, including physical, sexual, and psychological abuse as well as economic coercion, used against an intimate partner.
• Domestic violence often involves the use of a combination of tactics aimed at establishing control of one partner over the other.
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Not just physical violence…
• stalking and threats to kidnap, kill, or otherwise harm family, friends, or property
• threats to commit suicide
• repeated use of degrading or coercive language
• controlling access to food or sleep and withholding access to money, credit cards or medical care
• denying contact with friends or family
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What do we know?
• Each year, between 2-4 million women in America married to or living with intimate partners are physically abused by those partners.
• Between 80-95% of reported spousal/ partner abuse involves women being abused by male partners or ex-partners.
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What do we know?
• Leaving an abusive relationship does not guarantee the reduction or elimination of violence or risk.
• In fact, leaving may create new risks or increase existing ones (kidnapping, threats against family and friends). The rates and seriousness of physical abuse increase during periods of separation or divorce.
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Domestic Violence and Economic Support
More than 50% of battered women surveyed in one study stayed with
their abusive partners because they did not feel that they could support
themselves and their children.
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Domestic Violence and Economic Support
• Women with abusive partners often use welfare as a bridge out of these relationships.
• Between 40-60% of current welfare recipients have experienced domestic violence at some point in their lives. Up to 25% report that the abuse is a current problem.
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Each domestic violence victim’s circumstances,
risks and resources will be different,
and may change.
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What do we know about specific child support risks?
• Violent retaliation in response to paternity establishment or enforcement efforts
• Abuser may gain knowledge of survivors’ whereabouts or access to children to whom he poses a threat
• Past abuser may re-enter her life
• Threats to take children away
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What do we know?
Over 90% of women with current/former abusive partners indicate an interest in
pursuing child support
IF THEY CAN DO SO SAFELY.
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Domestic Violence and Child Support
Safety issues can come up at any point in the child support enforcement
process.
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Safely Enforcing Child Support
• Provide information to victims at all stages
• Create safe and confidential opportunities to disclose
• Individualize strategy - including “red light” and “yellow light” strategies when appropriate
• Maintain confidentiality
• Train staff and build relationships with domestic violence partners
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DISCLOSURE
Disclosing domestic violence is difficult and sometimes dangerous – but there are steps you can take
to facilitate disclosure.
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What supports disclosure?
• Messages that say this is a safe, informed place in which to tell and that YOU are a safe, informed person to tell.
• Victims/survivors understand how and by whom the information will be used.
• They have repeated opportunities to disclose.
• They receive respect and validation upon disclosure and their confidentiality and privacy is respected.
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Safely Enforcing Child Support
In order to do good safety planning,victims/survivors of domestic violence
need accurate, timely and completeinformation about their responsibilities,
and the options, resources andconfidentiality protections available
to them.
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What Clients Need to Know• Parents will be asked to provide information.
• If the parents are not married, paternity must be established.
• Attendance at court proceedings, conferences and hearings will be required.
• Court papers, with the names/addresses of both parents will be sent to each party.
• A range of enforcement strategies may be employed.
• Each step may create or increase risk.
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Addressing Safety Risks (old paradigm)
“Red Light” – “Green Light”• TANF applicants/recipients can request a good
cause waiver of the cooperation requirements.
• Victims at risk not receiving TANF may elect to not file for child or spousal support or might be able to proceed if risks are minimized.
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Safely Enforcing Child Support
“Yellow Light” Approaches
• Develop individualized case management and enforcement plans when possible (e.g., identify specific risks and respond)
• Ensure client participation in decision-making and notice to clients prior to take actions that may pose risk (e.g. when papers are to be served, when face-to-face meetings are inevitable)
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Safely Enforcing Child Support
“Yellow Light” Approaches
• Use enforcement tools selectively (e.g., understanding which enforcement mechanism might increase risk and avoid if possible or at least allow time for victim to design safety plan)
• Institute safety and confidentiality procedures (e.g., reduce ability of abuser to use CSE system to track down victim)
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Good Cause “Best Practices”• Require minimal amount of documentation.
• Never contact the NCP to substantiate a good cause claim.
• A good cause request should halt the child support process.
• Periodically review good cause cases to see if situation has changed and child support can be pursued safely.
• If good cause denied, provide ample notice before proceeding and consult to see if individualized enforcement plan should be developed.
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The Family Violence Indicator
A Family Violence Indicator (FVI) can be placed on the file to protect addresses and other
confidential information.
Should function to automatically block a victim’s address from appearing on
pleadings and correspondence and alert CS workers to risk.
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Other Strategies to Address Risk
• Require check in of all visitors/clients
• Conduct interviews and conferences in private space
• Keep all outside doors locked or secure
• Install safety measures - glass partitions
• Allow survivor to park in an area near the building
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Other Strategies to Address Risk
• Install adequate lighting in parking areas
• Have security/sheriff available when requested, including to escort a survivor to and from her car
• Utilize the resources and expertise available via any collaborative relationship with DV partners.
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Another “Emerging Best Practice”
Exploring mechanisms to address child support within the context of domestic
violence proceedings, particularly protection order hearings (linked
docket numbers, referrals to and from courts and CS offices).
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PANEL & GROUP DISCUSSION POINTS
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PANEL DISCUSSION POINTS
• What are the major challenges for victims of domestic violence as they decide whether or not to seek child support from an abuser?
• How can child support services help them manage those challenges?
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PANEL DISCUSSION POINTS (cont’d.)
• What are the key elements of your state’s approach to child support and domestic violence issues?
• Can you describe how the approach has developed over time?
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PANEL DISCUSSION POINTS (cont’d.)
• How did you approach screening/assessment for domestic violence?
• Do you collaborate with the TANF agency on screening?
• Other than a direct disclosure from a parent, what other sources of information regarding domestic violence do you draw from?
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PANEL DISCUSSION POINTS (cont’d.)
• What are child support workers expected to do once a disclosure of domestic violence occurs?
• What kind of training do you provide to child support staff?
• What are the key messages to deliver in training?
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PANEL DISCUSSION POINTS (cont’d.)
• What kinds of referrals for additional resources do you provide when safety issues are identified?
• How do you build relationships with other agencies and DV service providers?
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PANEL DISCUSSION POINTS (cont’d.)
• What options are available to custodial parents with safety concerns?
• How should these options be presented to custodial parents?
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GROUP DISCUSSION POINTS
• What do you see as the biggest challenges for child support agencies in responding to domestic violence and how are you addressing them?
• Use of family violence indicators• Medical support and safety issues• Cyber stalking and tech challenges for relocating
families
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GROUP DISCUSSION POINTS (cont’d.)
• What do you see as the biggest strength of your response to domestic violence? If you could recommend one step to other states, what would it be?
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ERICSA WORKSHOP
Child Support Domestic Violence
Case Scenarios
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Child Support Domestic Violence Case ScenariosEstablishment issue: “My court date is coming. I want to cancel
it!”The custodial parent calls to ask how she can “stop” the child
support establishment process, just a few days before the case is scheduled for court. You look at the case and there are no previous notes indicating that the custodial parent has expressed concerns about domestic violence, but the custodial parent seems to be under pressure, and you definitely think she seems afraid of the noncustodial parent. Should you bring up safety issues? How should you address her question if she does not reveal domestic violence concerns? What options should you give her if she is on public assistance?
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Child Support Domestic Violence Case Scenarios (cont’d.)Enforcement issue: “I just got child support paperwork in the
mail. Did the noncustodial parent get it, too?”You receive a call from a custodial parent who received a copy of
a complaint for contempt (or some other court-based enforcement). She is panicked because the complaint has her address on it, and she does not want the noncustodial parent to know where she lives. You immediately look up the case on your database, and you see that there are no “flags” regarding safety issues, nor are there any notes indicating that the custodial parent previously requested protection for her address. What steps should you take to address the custodial parents concerns? Should you bring up the fact that there are no “flags” in the database?
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Child Support Domestic Violence Case Scenarios (cont’d.)Good cause issue: “I am in hiding from the
noncustodial parent. Can you get me child support safely?”
You receive a public assistance referral that includes a note from the IV-A worker indicating that the custodial parent has a restraining order. You contact the custodial parent, and she reveals that she has experienced recent, serious domestic violence with the noncustodial parent. You are nervous about creating the case and proceeding with establishment work. How should you respond to the custodial parent?
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Child Support Domestic Violence Case Scenarios (cont’d.)IV-D Role issue: “I want the system to punish him for what he did
to me.”You are reviewing a case for enforcement action. When you
contact the custodial parent, she asks whether the noncustodial parent will know if it was her idea to pursue enforcement action. She refers to a history of domestic violence and says she wants the noncustodial parent to think that the IV-D agency is pursuing the enforcement actions. She feels very strongly that the agency should send the noncustodial parent to jail, just like the other “deadbeat dads” on television. She agrees that enforcement action may create some risk for her, but refuses any suggestion that the agency should delay or stop contempt action.
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Julie Lavin FlahertyDomestic Violence Attorney
Massachusetts Department of Revenue Child Support Enforcement Division
(617) [email protected]
David M. BroselliAssistant Chief, Family Practice Division
Superior Court of New JerseyAdministrative Office of the Courts
CONTACTS:
