Child Support and the Family Violence Indicator

![](media/image1.jpeg){width="1.7in" height="1.4in"}

Department of Health and Human Services

Administration for Children and Families

Office of Child Support Enforcement

**NOTES to the PRESENTER**

This package provides you with a full, detailed script and a set of
PowerPoint slides. It is recommended that you familiarize yourself with
the full script, but do [not]{.underline} memorize it (although many
prefer to memorize the first and last three minutes, just to calm their
nerves).

This presentation can easily be adapted to state--specific procedures
and policy. This will enable presenters to tailor the material to meet
specific audience's educational needs and interests.

CHILD SUPPORT AND THE FAMILY VIOLENCE INDICATOR

Purpose: This presentation is designed to assist Child Support
Enforcement Program staff in understanding when and how to indicate a
child support participant is at risk of family violence.

Audience: Child Support Enforcement Program, Policy and Systems Staff

Presenter:

Length: Approximately 60 minutes

Visual Aids: PowerPoint slide presentation/transparencies

Handouts

## 

*Notes To The Presenter:*

Prior to the training session the trainer should:

-   Prepare copies of the PowerPoint Presentation for students. In
    PowerPoint, select the PRINT command. In the Print dialogue box
    where it says Print What: select Handouts and 3 to a page from the
    drop down menu.

-   Prepare copies of Handouts for participants.

-   Set up flipchart and have markers available.

-   Turn on the PC.

-   Turn on LCD Projector and have the PowerPoint Presentation running.

-   If using transparencies, have the overhead projector on and
    transparencies available.

# Introduction {#introduction .unnumbered}

## Greeting and Introduction

**\*\*\***Good Morning. My name is \-\-\-\-\-\-\-\-\-\-\-\-\-\--, and
I'm here from \-\-\-\-\-\-\-\-\-\-\-\-\-\--.

NOTES TO PRESENTER:

Give them some personal information, such as:

-   Your professional background

-   Where you are from

-   Training experience (if applicable)

\*\*\* **The introduction piece may be skipped if this presentation is
being delivered by and to staff that are familiar with one another.**

I'd like to thank you all for coming today. In the next hour we will
talk about the Child Support Enforcement Program and action to be taken
on cases where there is an indication that family violence exists.

.

## Introduction: Child Support and the Family Violence Indicator

NOTE TO PRESENTER:

-   Display PowerPoint Slide 1 "Child Support and the Family Violence
    Indicator"

    ![](media/image2.wmf)

Providing services to family violence victims may be unfamiliar to some
IV-D professionals. Traditionally, paternity and child support case
processing stops once the family violence issue becomes known.

However, a variety of factors have caused some changes to that approach.
Because of the time limits now placed on public assistance grants and
the desire of some victims to establish paternity and obtain support,
IV-D agencies are, or soon will be, faced with an increase in the number
of IV-D cases involving family violence victims.

To permit you to help family violence victims more effectively, several
tools have been developed. This session outlines those tools and how you
might use them to offer child support services in cases with known
family violence concerns.

## The Traditional Child Support Enforcement Approach

NOTE TO PRESENTER:

-   Display PowerPoint Slide 2 "The Traditional Child Support
    Enforcement Approach"

    ![](media/image3.wmf)

-   Solicit responses from the participants to the question listed
    below.

In the past, how did child support agencies usually respond to cases
that raised family violence issues?

Traditionally, child support efforts stopped. Cases either were closed
or put into a suspended status.

## The Traditional Child Support Enforcement Approach

NOTE TO PRESENTER:

-   Display PowerPoint Slide 3 "The Traditional Child Support
    Enforcement Approach"

    ![](media/image4.wmf)

-   Throughout this session, there are references to specific codes and
    cites. Advise participants that portions of these codes have been
    supplied in the handouts for this session.

-   Refer to handout \# 1: \[42 U.S.C. §654(4)(A)(i)\].

-   Refer to handout \# 2: \[42 U.S.C. §608(a)(2)\], \[42 U.S.C.
    §608(a)(3)(A)\].

    **Handout \# 1:** \[42 U.S.C. §654(4)(A)(i)\], 42 U.S.C. §654(29)\]

    **Handout \# 2:** \[42 U.S.C. §608(a)(2)\], \[42 U.S.C.
    §608(a)(3)(A)\]

Let's take a brief look at the history of the IV-D Program. When
established in the 1970s, the nation's Child Support Enforcement Program
was primarily a cost recovery program. The chief job of the IV-D Program
was to help federal and state governments recoup at least a portion of
the public assistance paid out.

**Notes Continue on Next Page for This Slide**

Although not the primary role of the IV-D Agency today, cost recovery
still is a IV-D function. In exchange for the government benefit or
service, federal law requires a recipient family to assign to the state
its rights to receive support. Besides assigning rights, the applicant
or recipient must cooperate in good faith with the state's efforts to
establish paternity as well as to establish, modify, and enforce support
for the individual's child or children.

However, cooperation is not mandated in all situations. Public
assistance applicants and recipients, who have good cause for not
cooperating with paternity and child support efforts, may be excused
from the cooperation requirement. Family violence is one reason for
granting an individual *good cause* not to cooperate with IV-D efforts.

## The Traditional Child Support Enforcement Approach

NOTE TO PRESENTER:

-   Display PowerPoint Slide 4 "The Traditional Child Support
    Enforcement Approach"

    ![](media/image5.wmf)

Let's look at the "Good Cause" impact on child support efforts. As noted
before, historically, when someone claimed good cause, the IV-D response
has been to immediately stop case processing. This means that, in some
states, the Temporary Assistance to Needy Families Agency, the Foster
Care Agency, the Medical Assistance Program, or Food Stamp Agency never
makes the referral for IV-D services. In other states, the IV-D Agency
either automatically closes the case or puts it into a suspended status
until circumstances change. Regardless of the specific response, action
on the IV-D case usually does not proceed.

## The Traditional Child Support Enforcement Approach

NOTE TO PRESENTER:

-   Display PowerPoint Slide 5 "The Traditional Child Support
    Enforcement Approach"

    ![](media/image6.wmf)

-   After reviewing the slide, solicit responses from the participants
    to the question below.

-   Refer to handout \# 1 for more information on this code: \[42 U.S.C.
    §654(4)(A)(i)\].

    **Handout \# 1:** \[42 U.S.C. §654(4)(A)(i)\], 42 U.S.C. §654(29)\]

Let's talk about family violence and the impact on private IV-D cases.
State IV-D services also are available to people who do not receive
public assistance. In these instances, the state provides paternity
and/or child support services upon application.

Although these are private IV-D cases, brought by people who are
voluntarily seeking state assistance in resolving paternity and/or child
support matters, when family violence is involved, the result often is
the same as in public assistance cases. Some local offices advise IV-D
applicants that services are not available when family violence issues
are present. In addition, victims in private cases may be discouraged
from opening a IV-D case because of a perceived lack of safeguards
and/or flexibility available to the agency.

Why is there reluctance to handle these cases?

**Notes Continue on Next Page for This Slide**

It may be a lack of familiarity with handling such matters. It may be a
systemic mindset rooted in the good cause notion that family violence
automatically equals an end to case processing. Some IV-D staff may
recognize that the child support process itself can expose the victim or
his/her household to further harm if precautions are not in place.

## The Traditional Child Support Enforcement Approach

NOTE TO PRESENTER:

-   Display PowerPoint Slide 6 "The Traditional Child Support
    Enforcement Approach"

    ![](media/image7.wmf)

-   Solicit responses from the participants to the questions listed
    below. Display the Pro and Con bullets at the end of the discussion.

So, what is the effect of the traditional approach?

Are there pros and cons related to taking a more cautious approach in
family violence cases?

There are both positive and negative effects of the traditional IV-D
hands-off approach to cases with family violence victims.

On the positive side, case closure ensures that IV-D efforts do not
place a family at an additional safety risk.

**Notes Continue on Next Page for This Slide**

However, because the traditional approach is all-or-nothing, it may
require a family violence victim to choose between economic security and
safety; there is no middle ground. This approach does not recognize the
difficulty often involved in surviving economically apart from an
abuser, especially when the victim has little or no independent income
or earning capacity.

For many victims, the ability to secure child support can mean the
difference between existing outside of an abusive environment and having
to return to it. When the primary IV-D response is case closure,
victims\' choices quickly narrow.

## New Tools for Child Support Case Handling

NOTE TO PRESENTER:

-   Display PowerPoint Slide 7 "New Tools for Child Support Case
    Handling"

    ![](media/image8.wmf)

In the past few years, federal, state, and often local, governments have
developed a variety of tools to assist family violence victims in moving
forward with paternity and child support cases in a way that seeks to
minimize their risk of harm. In this next section of this session, we
will look at some of those tools.

The law that governs interstate paternity and child support matters is
the Uniform Interstate Family Support Act (UIFSA). This law outlines how
states are to proceed to establish paternity or to establish, enforce,
and modify support when a child and his/her caregiver live in a
different state than the noncustodial parent.

## UIFSA Nondisclosure

NOTE TO PRESENTER:

-   Display PowerPoint Slide 8 "UIFSA Nondisclosure"

    ![](media/image9.wmf)

-   Refer to handout \# 3 for more information on this code: \[UIFSA
    (Model Act) §311(a)\].

    **Handout \# 3:** \[UIFSA (Model Act) §311(a)\].

Whenever someone brings an action under UIFSA, the law requires the
petition to list, among other things, the residential addresses of the
obligor, the individual obligee, and each child for whom support is
sought.

Under typical circumstances, the inclusion of a party's home address is
not a problem. Parents frequently know each other's locations, and that
of their children, without any sort of problem or risk. However, when
family violence is an issue, something as simple as the sharing of an
address may have an unintended impact. Accordingly, UIFSA's drafters
included a safeguard provision in the law.

## UIFSA 312 -- Nondisclosure of Information in Exceptional Circumstances

NOTE TO PRESENTER:

-   Display PowerPoint Slide 9 "UIFSA 312 -- Nondisclosure of
    Information in Exceptional Circumstances"

    ![](media/image10.wmf)

-   Refer to handout \# 4 for more information on this code: \[§312
    UIFSA\].

    **Handout \# 4:** \[§312 UIFSA\].

UIFSA permits a family violence victim to avoid the disclosure of
certain information. Section 312 of UIFSA provides that:

*Upon a finding, which may be made ex parte \[i.e. with only one party
present\], 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.*

Based on this section, a victim who secures a nondisclosure order may
omit his/her home address, as well as other identifying information --
like Social Security number, work location, etc. -- from a pleading or
any other document filed in a UIFSA proceeding. This prevents the
information from being used by the abuser to find and harm the
victim(s).

## New Tools for Child Support Case Handling

NOTE TO PRESENTER:

-   Display PowerPoint Slide 10 "New Tools for Child Support Case
    Handling"

    ![](media/image11.wmf)

-   Refer to handout \# 5 for more information on this code: \[42 U.S.C.
    §653\].

    **Handout \# 5:** \[42 U.S.C. §653\].

Another tool to assist child support case handling is the expanded
Federal Parent Locator Service (FPLS). Today's FPLS gives IV-D
professionals access to a wealth of information to locate people and/or
their assets for paternity and child support purposes. Within the
federal agency data sources, including the Federal Case Registry of
Child Support Orders (FCR), and the National Directory of New Hires
(NDNH), there is a huge amount of information available to aid location
efforts nationwide, and perhaps even worldwide.

The expanded FPLS has a tremendous impact on the ability of IV-D
professionals to undertake paternity and child support efforts. However,
location information in the wrong hands could mean the difference
between life and death for a family violence victim.

## New Tools for Child Support Case Handling

NOTE TO PRESENTER:

-   Display PowerPoint Slide 11 "New Tools for Child Support Case
    Handling"

    ![](media/image12.wmf)

-   Refer to handout \# 1 for more information on this code: \[42 U.S.C.
    §654 (26)(A)\], \[42 U.S.C. §654(26)(B)\] and \[42 U.S.C.
    §654(26)(C)\]

-   Insert references and discuss your state-specific guidelines as they
    apply to FVI.

    **Handout \# 1:** \[42 U.S.C. §654 (26)(A)\], \[42 U.S.C.
    §654(26)(B)\] and \[42 U.S.C. §654(26)(C)\].

Let's take a look at the background and statutory basis for the Family
Violence Indicator.

Congress built special safeguards into the law for people at risk of
family violence. As defined by the federal Office of Child Support
Enforcement (OCSE), the term family violence relates to domestic
violence or child abuse. Federal law directs states to have safeguards
for the confidential information that they maintain in connection with
paternity or child support matters. In addition, states are to have
special safeguards for the location information of a party or child in
two instances:

> when there is an order protecting that individual from another party
> in the paternity or child support matter; or
>
> when the state has a reason to believe that the release of the
> location information to a person could cause harm to the party or
> child. This is driven by your state law and state-specific
> regulations.

## New Tools for Child Support Case Handling

NOTE TO PRESENTER:

-   Display PowerPoint Slide 12 "New Tools for Child Support Case
    Handling"

    ![](media/image13.wmf)

-   Refer to handout \# 5 for more information on this code: \[42 U.S.C.
    §653 (b)(2) and 654(26)(D)\].

    **Handout \# 5**: \[42 U.S.C. §653 (b)(2) and 654(26)(D)\].

In addition to protecting state records, federal law requires states to
notify the U.S. Department of Health and Human Services (HHS) whenever
they have reasonable evidence of domestic violence or child abuse and
disclosure of information could be harmful to the individual.
Notification is provided through the setting of a Family Violence (FV)
Indicator.

## The Family Violence Indicator

NOTE TO PRESENTER:

-   Display PowerPoint Slide 13 "The Family Violence Indicator"

    ![](media/image14.wmf)

-   Refer to handout \# 6 for more information on this code: \[45 C.F.R.
    307.11(f)(1)(x)\].

    **Handout \# 6**: \[45 C.F.R. 307.11(f)(1)(x)\].

The FV Indicator is a data element that appears in each state Case
Registry (SCR). When a state learns of a safety concern for someone in
one of its public or private paternity or child support cases, the FV
Indicator is set in that person's SCR record. On a regular basis, states
share their SCR records with the FCR and, in so doing, the states
transmit their newly set or newly removed FV Indicators.

## The Family Violence Indicator

NOTE TO PRESENTER:

-   Display PowerPoint Slide 14 "The Family Violence Indicator"

    ![](media/image15.wmf).

-   Throughout this session, there are references to specific codes and
    cites. Advise participants that portions of these codes have been
    supplied in the handouts for this session.

-   The first paragraph should be modified to include how your state or
    agency uses the FV Indicator.

While all states are required to safeguard information for people with
safety concerns, not all states use their FV Indicator in the same way.
In some states, the FV Indicator is used solely for informing federal
authorities about the risk of harm. Here, in
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, the FV Indicator
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

When an FV Indicator is sent to the FCR, there is one very clear
outcome. Federal authorities are prohibited from sharing FPLS
information regarding anyone reported by a state as being at risk for
domestic violence or child abuse.

What are the ramifications of putting the FV Indicator on a participant?

## The Family Violence Indicator

NOTE TO PRESENTER:

-   Display PowerPoint Slide 15 "The Family Violence Indicator"

    ![](media/image16.wmf)

It is important for child support workers to fully understand the
ramifications of putting the FV Indicator on the custodial party (CP),
noncustodial parent (NCP), putative father (PF) or child. As previously
stated, when the FV Indicator is sent to the FCR, federal authorities
are prohibited from sharing FPLS information. What does this mean in
reality? Consider the following scenarios:

-   State 1 puts the FV Indicator on a CP due to suspected domestic
    violence. The NCP moves to state 2. The NCP goes to state 2 and
    applies for child support services under the guise of a
    modification, but in reality trying to obtain the location of the
    CP. When state 2 submits an FPLS request, there will be [no
    information]{.underline} provided, thus the CP and child's location
    has been protected.

-   State 1 puts the FV Indicator on a CP because of suspected domestic
    violence. The CP had recently moved from state 2. State 2 determines
    that there are undistributed collections owed to the CP. The CP did
    not provide her current address to state 2. When state 2 submits an
    FPLS request, there will be [no information]{.underline} provided.

**Notes Continue on Next Page for This Slide**

-   State 1 puts the FV Indicator on the CP because of the existence of
    a protective order against the NCP or putative father. State 2 is
    looking for the CP, who is an NCP on a public assistance case
    involving another child. When state 2 submits an FPLS request, there
    will be [no information]{.underline} provided.

-   State 1 puts the FV Indicator on the NCP because of the child
    support worker\'s knowledge of domestic violence between the CP and
    NCP. State 2 is trying to locate the NCP for a paternity case with
    another child. When state 2 submits an FPLS request, there will be
    [no information]{.underline} provided.

It is important to note that when a participant with an FV Indicator is
submitted to the FCR, a warning message will be returned confirming that
the FV Indicator has been set. No information will be returned from the
FPLS on proactive matches for this participant. Only when an external
locate request is submitted (on the participant for whom the FV
Indicator has been previously set by another state), will a Disclosure
Prohibited (DP) code be returned from the FPLS.

Federal authorities are prohibited from sharing FPLS information when
the FV Indicator has been put on the FCR. However, there is a provision
for overriding this process (if you are aware there is a DP code on the
participant).

## The Family Violence Indicator

NOTE TO PRESENTER:

-   Display PowerPoint Slide 16 "The Family Violence Indicator"

    ![](media/image17.wmf)

-   Insert discussion of state or Agency's status regarding the override
    process development and, if in place, briefly describe how and when
    to pursue it.

-   The second paragraph should be modified to include your state's or
    Agency's FV Indicator's override process.

There is one exception to this rule about the nondisclosure of protected
FPLS data. Federal law allows certain individuals as described in \[42
U.S.C. §653 (b)(2)(B) and 654(26)(E)\] to request the release of the
safeguarded FPLS information to a proper state court. This limited
information release occurs through the override of an FV Indicator - - a
process with both federal and state components. Upon receipt of the
protected FPLS information, the court must determine whether its
disclosure of the information to any other person could result in harm
to the protected party or child.

You should know that, at present, the states are at different stages of
developing this process. Here, in \_\_\_\_\_\_\_\_\_\_\_\_, we do/do not
have the state portions of the override process developed.

## New Tools for Child Support Case Handling

NOTE TO PRESENTER:

-   Display PowerPoint Slide 17 "New Tools for Child Support Case
    Handling"

    ![](media/image18.wmf)

-   Insert a discussion of state/county safeguards.

-   Insert in the second paragraph your state\'s or Agency's additional
    protections or resources, if applicable.

-   Solicit responses from the participants to the question listed
    below.

With the UIFSA nondisclosure order and FV Indicator, we have discussed
safeguards that are available nationwide. Sometimes, however, states or
individual counties offer additional protections or resources to people
who are known to be at risk for family violence.

Here, in \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, we
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

*Is anyone aware of counties doing anything additional?*

## Providing Child Support Services to Family Violence Victims

NOTE TO PRESENTER:

-   Display PowerPoint Slide 18 "Providing Child Support Services to
    Family Violence Victims"

    ![](media/image19.wmf)

-   Insert training office contact information and any other relevant
    state resources.

-   In the third paragraph, insert contact information for your state or
    Agency's training unit.

Perhaps the most important part of today's family violence safeguards is
that these tools give victims *choices*. No longer does the existence of
family violence mean that paternity will not be established or that
support will not be established, modified, or enforced. Instead, IV-D
professionals now have a variety of resources at their disposal to
enable the case to proceed.

There may be instances in which case closure will be appropriate.
However, there will be other instances in which the victim will decide
that pursuing paternity or child support should continue, but in
conjunction with one or more of the safeguards that are now offered.

For additional information, you can contact
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_. Another resource is the OCSE web
site (www.acf.dhhs.gov); there is a wealth of information available.

Thank you for your time today.