Military Families and Child Support, Custody and Visitation. March 15, 2013
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1 Military Families and Child Support, Custody and Visitation March 15, 2013
2 Outline NCSL Overview Legislative Trends Texas HEROES Operation Access for Active Duty Military Legislator Comments Questions
3 Michael Hayes Presenters Deputy for Family Initiatives Texas Attorney General Child Support Division Dan Savage Deputy Project Manager El Paso County (CO) Child Support Services Operated by YoungWilliams, PC
4 NCSL Child Support Resources Web resources: Child Support 101 publication Legislative Database for all 2012 and 2013 bills Technical Assistance: Onsite meetings and testimony State-specific policy briefs Peer learning opportunities Stakeholder meetings
5 Legislation from 2012 Session Nine states and the District of Columbia Create expedited processes for creation or modification of temporary custody and visitation orders Create opportunity for transferring deployed parents visitation rights to a third person
6 2012 Enacted Legislation California AB 1807 (Chap. 116) Connecticut HB 5395 (P.A ) District of Columbia B 332 (Chap. 110) Illinois HB 1589 (P.A. 659) Indiana HB 1065 (P.L. 55) New Hampshire HB 1419 (Chap ) Pennsylvania SB 1167 (Act ) Rhode Island HB 7274 (P.L ) and SB 2521 (P.L ) South Dakota HB 1046 (Chap. 174) Tennessee SB 2844 (Chap. 770)
7 2013 Legislation Alabama SB 159 Colorado HB 1200 Idaho SB 1122 Illinois HB 2889 Kentucky HB 69 Massachusetts HB 1358, HB 1522, HB 1581 and SB 1745 Missouri HB 148 North Carloina HB 139 and SB 225 North Dakota HB1114 and SB 2122 New Jersey SB 1051 (Enacted) New York AB 325, SB 1693 and SB 3507 Texas HB 846
8 Uniform Deployed Parents Custody and Visitation Act National Conference of Commissioners on Uniform State Laws Approved by the American Bar Association's House of Delegates Four states proposing in 2013 session
9 Texas HEROES Project H E L P E S TA B L I S H R E S P O N S I V E O R D E R S E N S U R I N G S U P P O R T Fo r C h i l d r e n i n M i l i t a r y Fa m i l i e s
10 Multiple deployments Yearlong absence Challenges unique to military families Higher divorce rate Change of duty station High unemployment for vets Health problems after combat physical injuries, mental health
11 Interstate and international enforcement/modification Confusion about allotments and child support orders Connections to child support Parenting time conflicts and interstate child custody Paternity establishment and military benefits Order modification exiting the service Service related disability/benefits and child support calculations
12 Texas HEROES Project Comprehensive, personalized assistance Family-centered approach to case review Move complex cases forward Educate stakeholders and population
13 Texas HEROES Project Partnerships with VA mental health, Texas Veterans Leadership Project, Texas National Guard, military installations, veterans organizations High touch services for military parents coping with unemployment, mental health or general stresses related to military service Education specific to population
14 High-Touch Services Specialized case review and handling Outreach to veterans in noncompliance Outreach to interstate/international contacts Referrals for behavioral health, unemployment Serve as subject matter expert
15 Population-based Education Parenting Order Legal Clinics Presentations and one-on-one briefings at Yellow Ribbon events Veteran s Legal Clinics Military deployment checklist for paternity, child support and parenting time
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17 Designate and Develop Designate a Child Support Military Liaison Create a Child Support Checklist for military/vets Write an SCRA cover letter to accompany summons Develop military family friendly policy
18 Prof Develop and Education Technical training for all child support staff Educate caseworkers on military issues: what to expect, who to contact, how to resolve Conduct CS 101 for JAG, military/vet service providers
19 QUESTIONS HEROES (512) Michael Hayes Deputy for Family Initiatives (512)
20
21 Serving Those Who Serve: Supporting the Mission Daniel Savage Deputy Project Manager El Paso County (CO) Child Support Services Operated by YoungWilliams, PC
22 Supporting the Mission Office of Child Support Enforcement awarded an 1115 Federal Grant to Colorado in 2010 Grant named Operation Access for Active Duty Military The grant s purposes are to: 1. Determine what gaps exist within Military provisions for Service Members and bridge their services with child support 2. Provide direct child support services to active duty service members and their families 3. Identify and educate On-Base service providers concerning child services
23 Putting it together Three-year grant began in October 2010 El Paso County implemented the grant early 2011 Colorado state monitors created a steering committee for quarterly status and updated the state child support website to include a Service Member Link El Paso County Child Support designated a military liaison for provide child support services and is a point of contact for local military providers Outreach conducted regularly on 4 Colorado Springs installations to establish and strengthen relationships with child support office
24 Four Local Installations and Our Experiences Four installations near Colorado Springs Fort Carson The Mountain Post Army 4 th Infantry Division and additional support 25,000 soldiers Peterson AFB (NORAD/Cheyenne Mountain) 21 st Space Wing 5,000 airmen and civilian staff Schriever AFB 50 th Space Wing Satellite Command 8,100 airmen and civilian staff Air Force Academy Future Air Force Leaders 4,000 cadets and 3,600 military/civilian support staff
25 Approaching The Installations It was important to understand we were entering a different culture with it s own priorities, rules and language. We needed to ask How can we support your mission?
26 Identifying Challenges Active Military 65% divorce rate for redeploying service members Multiple deployments averaging 18 months Lack of extended family support Veterans Multiple physical disabilities, mental health issues High unemployment after discharge Rapid transition from combat to U.S. Military to Civilian
27 Gaining Access to Installations Sought Installation Command approval Arranged meetings with the JAG officers to explain the grant s purpose We arranged meetings with service providers such as: ACS Army Community Service IDS Integrated Delivery Services DV Domestic Violence Unit MFLC Military Family Life Counselors
28 Continual Contact with Service Providers and Members 1 st Meeting with Service Providers Provided contact information and child support overview Educated providers on child support issues and services Subsequent Meetings with Service Providers and Members Continued trainings for service providers Provided information to JAG regarding local child support practice Discovered briefings provided an excellent opportunity to educate large numbers of redeploying service members Found service providers were more prepared to deal with domestic violence and child welfare issues than child support concerns
29 Direct Services for Service Members Child Support offers regularly scheduled onsite services at installations Services extended to community partner through referrals for Parent Time Mediation Employment Community and Veteran Agencies
30 Role of the Military Liaison Child Support Military Liaison meets with service members and families on installations to: Interview applicants for child support services Conduct paternity testing and establish child support orders through Administrative Process Assist service members and their families with community partner referrals Establish medical support Help with interstate support concerns Provide explanation of case status Serve as a single Point of Contact
31 Understanding Military Partnership Prior to court ordered obligation, military requires minimal support during a separation or pending divorce Child Support involvement early in the process provides for positive outcomes Child Support can help to expedite establishment, enforcement and modification DFAS is a consistent employer by withholding for court ordered support
32 Deployed and Redeployed Soldiers and Airmen Child support will expedite cases in situations where soldiers or airmen are about to be deployed or being redeployed through Expedited process serving or waiving service Certified genetic testing onsite Stipulated orders that can be finalized in a matter of days through administrative process Tri-Care enrollment that is ordered for children born out of wedlock Modification of child support orders prior to deployment and after redeployment
33 Challenges for Veterans Barriers Low employment Readjustment issues Mental and health issues Family separation Support obligation does not reflect current circumstances Unpaid support Dependent Tricare terminates
34 Moving Forward: Veterans and Child Support Offer employment training and opportunities through community partnerships Refer to veteran services for mental health and physical well being Provide mediation services for veterans and families Educate military and veteran providers in child support issues Continue outreach to base and veteran partnerships Modify child support orders to reflect current circumstances
35 Contact Information Daniel Savage (719) Thank You
36 Legislator Remarks- Representative Cliff Rosenberger (OH) Sponsor 2011 OH HB 121 Allows military parents to participate in custody hearings via electronic means Allows visitation to be granted to a relative or other person close to the child Requires non-deployed parent to facilitate contact between the child and active duty military parent Engaged judicial branch 36
37 Legislator Remarks- Representative Tanya Pullin (KY) Working to assure that veterans receive the benefits they have earned Making the state friendly to the military and military service members Removing "red-tape" for deploying service members 37
38 Contact Us Katie Mason Rochelle Finzel NCSL - Denver Web: cyf-info@ncsl.org
39 Questions? Thank you for attending! For more information on this webinar or future webinars,
40 Thank you!
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