DEAR COLLEAGUE LETTER
DATE: March 21, 2016
TO: ALL STATE AND TRIBAL IV-D DIRECTORS
RE: Justice Department Announces Resources to Reform Practices
On March 14, 2016, the U.S. Department of Justice (DOJ) issued a Dear Colleague letter to state and local courts that announced a package of resources to assist state and local efforts to reform practices for assessment of ability to pay as part of enforcement efforts to collect fees and fines, as well as child support.
The resources are meant to support ongoing work of judges, courts, policymakers, program administrators, and advocates in ensuring justice for all people, regardless of financial circumstances.
One purpose of the DOJ letter is to address “some of the most common practices that run afoul of the United States Constitution and other federal laws and to assist court leadership in ensuring that courts at every level of the justice system operate fairly and lawfully.” These laws include title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, for court systems receiving federal funds. The letter also suggests alternative practices that courts can use.
Of particular interest to the child support community is DOJ’s discussion in the letter related to incarceration for nonpayment when ability to pay is at issue. Citing Turner v. Rogers, 131 S. Ct. 2507 (2011), and other case law, the letter states that courts may not incarcerate a person for nonpayment of fees and fines without first conducting an indigency determination and establishing that the failure to pay was willful. In addition, courts must consider alternatives to incarceration for indigent defendants who are unable to pay.
The letter provides that courts also must provide meaningful notice and, in appropriate cases, counsel, when enforcing fines and fees, and must not use arrest warrants or license suspensions as a means of coercing the payment of court debt when individuals have not been afforded constitutionally adequate procedural protections.
“Under the Fourteenth Amendment, defendants likewise may be entitled to counsel in civil contempt proceedings for failure to pay fines or fees. See Turner, 131 S. Ct. at 2518-19 (holding that, although there is no automatic right to counsel in civil contempt proceedings for nonpayment of child support, due process is violated when neither counsel nor adequate alternative procedural safeguards are provided to prevent incarceration for inability to pay).”
OCSE’s Action Transmittal 12-01 provides clarity to courts regarding their legal duty to inquire about a parent’s ability to pay prior to incarceration for nonpayment, which specifically refers to the Turner v. Rogers ruling.
“Civil contempt that leads to incarceration is not, nor should it be, standard or routine child support practice.
By implementing procedures to individually screen cases prior to initiating a civil contempt case and providing appropriate notice to alleged contemnors concerning the nature and purpose of the proceeding, child support programs will help ensure that inappropriate civil contempt cases will not be brought. By using Turner as a guidepost and urging the adoption of, at least, minimum safeguards in all such proceedings, this [AT-12-01] builds upon the innovations already incorporated into many child support programs over the past decade to limit the need for and use of civil contempt.”
In addition, OCSE Information Memorandum 12-01 suggests that states incorporate alternatives to incarceration in their program.
I hope that this information is helpful to you and your judicial partners in ensuring due process and equal protection to litigants in your caseload.
Office of Child Support Enforcement
Source: Family Law Reform | Divorce Corp
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This man “Jeff Ball”, is one of the henchmen who wrote U.S.C. 42/666. He laughs at the hell it puts NCP’s through. He makes millions stealing from Non Custodial Parents. Want something to do to fight back. Krights is putting a call to action together and we will show them our VOICE!!!
WE Have uncovered one of the most aberrant Privatized Child Support Agencies in the country. We now have names of Executives and their direct phone numbers and address of their “Hidden” executive offices. We are preparing our first CALL TO ACTION.
Here is a taste, we need to get our teeth into them so the country knows WE HAVE A VOICE. The average salary of one of their line staff workers is $87,000. Hold that thought and then read this article. MORE TO COME.
Also the the man in the Picture – “Jeff Ball” with Young Williams PC is one of the culprits who wrote U.S.C. 42/666
Record-Breaking Collections in El Paso County – Friday, June 3, 2016
The El Paso County Child Support Office was the first Colorado County to reach $50 million in collections in 2015, an accomplishment that no other Colorado counties can claim. For the first four months of calendar year 2016, the El Paso County office has collected nearly $23 million, and is expected to have another record-breaking year.
YoungWilliams has operated this office, located in Colorado Springs, since 2011. After a public procurement process, the County Commissioners signed a subsequent contract in 2016 authorizing YoungWilliams to continue operating the County’s child support program and its Parent Opportunity Program (POP). With collections of over $12 for every $1 spent, the El Paso County child support program is one of the most cost effective programs in the country, twice the national average for cost effectiveness.
When asked for the reasons behind the County’s success, YoungWilliams Project Manager, Jeff Ball, explained, “The County and YoungWilliams share a common goal: to be a resource to families. We recognize that the mothers and fathers in our caseload truly care about their children, and want to do their best for them. With that in mind, we provide support and referral services to other agencies and community-based programs that can help parents meet their families’ needs.”
In addition to operating the POP program, YoungWilliams coordinates the County’s activities for the Colorado Parent Employment Program (CO-PEP). Both the POP and CO-PEP programs are designed to help parents overcome barriers to employment, develop job skills, gain employment, and support their children. YoungWilliams has also established a weekly mobile command station at the Fort Carson Army Base to facilitate access by soldiers and their families to child support services.
“We have focused on delivering family-centered services, and are seeing the results of our efforts,” Ball added. “Our performance in federally-measured areas continues to rise, and more El Paso families are receiving regular support. We never stop trying to find ways to improve service delivery, and achieve better outcomes for families.”
With child support contracts in 11 states, YoungWilliams is able to bring best practices, sophisticated technology, and cost efficiency to its government clients.
Rita Taylor ~ warning/alert/caution going out to all public globally as public masters: all England’s governments staff wo/man police/magistrates/council/ombudsman/hospitals/trusts/MP’s/Councillors, etc are criminally insane wrongdoers, all colluding together and cannot be trusted and to be treated as hostile dangerous murdering thieving perjurious enemies, England’s entire system corrupt with blood money taking monsters wo/man unfit for purpose, unlawfully using no full disclosure to do their colluding sneaky rotten thefts and murders, not one wo/man can be trusted! England’s entire government staff wo/man untrustworthy criminally insane who do not make arrests and charges when evidence shows magistrates elizabeth batten and carolyn:caroline hilder since June 2015 have been producing fake fraudulent bogus court orders that never even took place, blatant perjury and lies abusing court seals that now too are worthless, making England’s entire system a sham with bogus fraudulent documents not worth the paper they are written on! ALL these criminally insane dangerous government wo/man MUST be dealt with urgently for the safety of the world’s innocent public masters wo/man!! this is going out for the safety of all innocent victims wo/man public masters to avoid these murderous lying thieving Mafia England government staff wo/man and treat as hostile invaders!! Mike Clarke, Inni York
- Jini Thornton: Everything You Need to Know About Child Support – Black America Web(evolutioneventsllcblog.wordpress.com)
- A U.S. growth industry: imprisoning Americans for nonpayment of child support(blogs.harvard.edu)
- Texas to block deadbeat parents from renewing vehicle registrations(thescoopblog.dallasnews.com)
- The politics of child maintenance(sometimesitsjustacigar.wordpress.com)
- Exposing Corrupt Family Court Judges(aflasite.wordpress.com)
- The Politics of Fatherhood(aflasite.wordpress.com)
- Please stop the unfair punishment of good fathers.(standupforzoraya.wordpress.com)
- A continuing relationship with both parents(childrensrightsflorida.wordpress.com)
- 25 MILLION American Children(americanfathers.wordpress.com)
- Children’s Rights on Causes(standupforzoraya.wordpress.com)