CSDA LEGAL PRACTICES COMMITTEE MEETING
Friday, February 21, 2014
9:00 am – 2:00 pm
MINUTES[1]
MEMBERS -- LCSA / x / Adele Hendrickson / x / Julie PaikAshley Mendoza / Lisa Saporito
x / Bill Malloy / x / Lori Cruz
x / Doug Harrison / x / Melinda Self
x / Ed McCue / Rebecca Durney
Janet Nottley / x / Robert Lafer
John Berglund / x / Ron Ladage
x / John Cardoza / x / Terry Symens-Bucher
x / John Vartanian / x / Tex Ritter
x / Jose Santana / x / Trinidad Madrigal
x / Jonathan Burris
MEMBERS – IV-D Partners / x / Kathy Hrepich, DCSS / x / Kristen Donadee
Michael Wright, AOC / x / Anna Maves, AOC
x / David Oppenheim, CSDA
GUESTS
PLEASE BRING/REVIEW / 1. Draft minutes from April 26, 2013 & January 23-24, 2014 meetings
2. Materials emailed for meeting
I. Welcome and housekeeping
II. Approval of minutes from previous meetings: April 26, 2013 & January 23 & 24, 2014
Minutes for 1-23/24-2014 moved for approval by Tex, second by Bill; approved. Minutes for 4-26-2013 moved by Tex, seconded by Bill; approved.
III. REPORTS
A. AOC Anna Maves for Michael Wright
ACA Workgroup update. The court commissioners and FLF have a workgroup about impact on the courts. There have been 2 meetings about what resources participants have found in their counties and some local Bars have some information and some courts are giving Covered Calif. brochures in their court rooms. They have been gathering links about information on ACA and resources.
Lori Cruz said their commissioner has ordered a CP to provide HI under the rubric of ACA. Are people waiting for the workgroup to provide some findings?
Anna said it is all fairly new and current workgroup is solicited from all the commissioners. Anna said that OCSE will not be making policy on ACA for about 2 years.
Dave O. said that AOC has subcommittee workgroup and suggested that the two groups work together for substantive issues and be the driver as a combined group as to how to shape the policy and procedures about how we would work together about how to distribute information and educate all involved in a methodical way.
Terry said that PP&R also has another workgroup at the State. No news and no real updates. Kathy H. indicated that she will clarify as to what DCSS has going. Adele reminded that there is the ACA mailbox as DCSS for questions so that counties can determine if the issue needs to go to PP&R or LPC.
Anna said that a couple of issues that came up so far is whether there is a state wide policy for the HI orders. Is it county by county or statewide.
Bill M. indicated that before judgment, OP or CP is not a party so we could not get an order against them and only against the NP. So procedural matters would indicate where we go. There is a need for a policy about this. Kathy H. will take this as an action item for the State.
Adele indicated that there is an ACA workgroup for CSDA and Julie Paik is the contact. Kristen indicated that there is no DCSS workgroup but there is a court workgroup.
Anna said there are 3-4 commissioners and 3-4 -FLC’s and Anna and Michael. Anna would like to work with LPC workgroup. Kathy H. will let LPC know who will be the DCSS representative on the workgroup. NOTE: it is LARA CHANDLER.
Anna said another issue identified by workgroup about whether or not FAOAH need a check box about exemptions and affordability of HI. The issue has not been exactly determined as to affordability for ACA or state law, but about who get the tax exemption and the affordability of HI.
Bill M. asked if that would open by nearly all forms about these issues. The S & C and Motion would need to be requested and Stipulation & Order the OAH and Stip for Jdgmt and Jdmt. He indicated that JC Forms committee would be more than willing to meet to discuss these issues.
Anna said there will be a webinar on the ACA issues in May.
Bill M. requested that individuals, when they are looking at revising JC forms, it must happen in a matter in which it can be automated. It is imperative that any operational changes be made in an a manner that can be automated. Large counties have to have automation. Manual processes slow down everything and there are too many work around.
LPC ACA subcommittee members are: Lisa, Ed, Julie (chair) , Tex and perhaps Bill will be on the ACA subcommittee.
Members were reminded that if someone claims the child as a dependent, they get the penalty if they do not have HI, but if the NP has been ordered to cover the child, the CP can get the penalty waived.
One more issue on ACA is how do you treat the penalty or the subsidy, is it income or a deduction from income.
Julie Paik asked when would the CSDA ACA workgroup and the AOC workgroup could meet. Anna indicated that the courts have the report from the CS workgroup and will be moving forward on their own.
2. Budget. No news for the budget for the courts. Mid-year re-allocation survey is being evaluated by AOC and will be on 4-24 JC Agenda and the funding for next year will be on that Agenda. They are not anticipating any additional 1058 allocation. Court still have their 1% reserve and some courts may participate in the federal draw down.
3. Operational Assessment (OA). DCSS has been doing the OA and there is a court process too. Only 2 courts have been completed and 2 more are scheduled and the rest are going to be scheduled soon hopefully. Placer Co on 2-26 and San Diego 3-5.
4. Stakeholder issues
a. Service of Supplemental S&Cs
Service of the Supplemental Complaint when there is a Disso or UPA action, courts indicate that it would need to be personally served on both parents. Anna indicated that some courts are not allowing Supplemental S & C where there is a UPA or Disso action. Bill M. indicated that if the LCSA was the attorney of record of the CP then this would not be an issue. The commissioner in Kern County indicated that the court should need to file a request for relief to file in a Disso action.
Bill M. stated that once the LCSA produces a S & C or Supplemental S & C and has been filed and returned to the LCSA then the information will be linked to the Legal Activities screen and then batch printed and processed and a copy is mailed to CP and to the NCP with a notice and acknowledgement of receipt.
Bill stated that the personal service procedure is contrary to cost saving and uniformity by requiring personal service or to get permission to file. FC 17400k says that all parties to the action the LCSA may intervene CCP 387(b).
Action item: Workgroup for service of process on Supplemental S & C established: John V., Bill M,. Tex R and Lori C. and Rob L. John Cardoza.
5. AOC assistance in room block rates for LPC meetings – carry over
B. State DCSS – Kathy Hrepich et al.
1. From previous meetings:
a. Judgment of Non-paternity: will be addressed at next stakeholder and LCP meetings.
b. Contempt Workgroup – carry over
c. Order Setting Practices: State is looking for some volunteers from LPC when they want some input before they discuss with the entire group.
d. FCC/FTC autodialing – carry over – Kathy wants to have someone from DCSS Legal join LPC subcommittee: it will be Lara Chandler
e. Abstract Request from EDD : Kristen will work on it once she gets information from Rebecca
f. Legislative Committee meeting: status will be forthcoming. Bill M. would like legislation that would clean up issue of service of process for Supplemental S & C. Kathy H indicated that it is not timely. Will consider it for next year maybe. Dave O. indicated that there needs a process for critical operational measures to be able to be introduced.
g. State adoption of use of federal administrative subpoenas. As previously discussed, OCSE form is only usable in state when the state has adopted the form. What is the way to adopt the form? Jonathan B. will research it. He thinks a legislative fix is needed.
2. From PP& R the letter on case opening is being reviewed & will be sent out. Open accounts in cases where cases are open for arrears only when CP opens a case for arrears only when all children have emancipated. The State believes that there are timeframes involved before credit reporting etc., so there is no need to not open accounts and entering arrears on the case. Adele reported that the LPC subcommittee report on best practices is being issued as an E-Blast. Kathy reported that that her expectation was that some training would follow the release of the CSS letter; her staff will review that issue.
C. CSDA –David Oppenheim
1. CSDA is hiring a new media specialist. They have 4 candidates.
2. Policy symposium is on March 18, 2014 at the Sheraton Grand Hotel. The final Agenda will go out shortly. About 30 LCSA’s have reserved spaces. High level quality speakers and a legislator are on the Agenda. This is education on the importance of the child support program. AOC has been invited. NCSEA and OCSE are coming.
3. CSDA will be sending out a budget survey about 15-16 budget and cost of doing business and needs due to pressures on the budget on admin and EDP side.
4. Attorney College will be National Attorney College in 2015. OSCE is interested in participating in a National College.
5. Leadership Institute is scheduled in September in El Dorado County.
6. CSDA publications: Sacramento is working to get the Attorney Sourcebook published. State DCSS is taking on Interstate and Cases of interest. CSDA will collaborate so that the documents are complementary.
7. There is legislation to increase the disregard from $50 to $100 for once child and from $100 to $200 for multiple children. Sponsor is Bonilla. AB 1654. SB 959 is to repeal the maximum family grant.
D. Chair – Adele Hendrickson
1. LPC Charter amendment – proposal to increase number of members from 20 to 25. Melinda moved and Doug seconded that the membership be increased to 25. The motion carried with 1 opposition.
E. Program, Policy & Regulations Committee – Terry Symens-Bucher
Terry will send out Agenda from the -20-14 meeting..
1. Re: Same Sex letter. State decided not to address this issue. Establishment Procedure Manual did not give all information when opening a same sex case. That was removed from the manual and then the State was going to issue a letter, then they pulled that. The State will request information about issues and cases coming up about where guidance is needed so they can put out a letter if there is a need.
2. AB 1751 legislation to an exchange of information between welfare and probation and DCSS. Exchange should be automated so that exchange of information will be done automatically. Ops at DCSS will handle requests from CPS and Probation.
An All County Letter will be going out from DSS.
3. Guideline Calculation letter on Veterans benefits: will be pulled and changed.
4. Dear Colleague letter 12-12 -- that work number is a credit reporting agency and we are required to give notice -- DCSS stated that under Pintos we have a different interpretation and under 9th circuit we are not required to give notice before using a 10 day notice requirement. Terry will send out the letter response of the OCSE of the DCL.
5. E-payments by Visa and MC to institute protocols around taking a credit card payment was discussed.
6. Legislation has already been addressed. AB 60 has been passed to allow people who do not have a SSN to obtain DL. DMV will decide what sufficient validation to establish identity is. Ann Drumm indicated that Sheriff are looking to get legislation to charge fees for servicing documents.
7. CMR change & application requirements
Terry submitted letter to state on CMR change and state will review and return.
8. FTC letter and autodialling will be researched and state will look at it.
9. New aid codes have been created. K1 and 3F, single parent safety net. Drug felon addicts or fleeing addicts can have their children on aid even if the parents are not eligible. They will not be referred. It is not recoverable.
10. CIIP program letters have been going out like an IWO with the amount being withheld at 50% and the letter will be changed to 100% for lump sum amounts.
11. Draft of a Workers Compensation procedures guide is being reviewed. Terry will send it out to LPC.
Next meeting is April 17th.
There is a spreadsheet of all the forms in the pipeline.
Julie P. has had 2 requests for multiple parent establishment cases.
(F. Forms Committee – Bill Malloy – on hiatus) Will be active next time for some proposed language for S & C etc. regarding ACA.
G. Attorney Faculty Training Committee – Melinda Self
Courses to be offered are being listed and they are looking for instructors.
October 6-9 in Burlingame at Embassy Suites. Location of National College will be in So Cal. Late Sept early Oct.
H Appellate Committee – Robert Lafer
Rob Lafer wanted individuals to know that you may want to come to the committee to bring your case and the committee will give guidance about how to deal with the issue before you file a Motion of r a new trial or set raised or reconsideration.
I. Managing Attorney Forum – Terry Symens-Bucher
1. Meeting coming up May 5 before the conference. Terry will add to the Agenda things like QDRO etc.