SAFELY PURSUING CHILD SUPPORT

1. SAFELY PURSUING CHILD SUPPORT

2. The material in this presentation was prepared by the Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services, in collaboration with the National Resource Center on Domestic Violence (2011))

3. We’ll explore… • Domestic/family violence – What is it and why is it important to child support offices? • Safely pursuing child support – How do you assess and address the safety risks of domestic violence victims?

4. 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 responsibility?”

5. HEADLINES • 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 for survivors to do good safety planning, they need accurate and complete information about the child support process.

6. DOMESTIC VIOLENCE • A pattern of abusive behaviors, including physical, sexual, and psychological abuse as well as economic coercion, used against an intimate partner. • Often involves the use of a combination of tactics of one partner aimed at establishing control over the other.

7. 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 • Withholding immigration documents, threatening deportation • Denying contact with friends or family

8. What do we know? Approximately 1.5 million women and 834,700 men are raped and/or physically assaulted by an intimate partner annually in the United States. Because many victims are victimized more than once, the number of intimate partner victimizations exceeds the number of intimate partner victims annually.(1) The vast majority of domestic violence victims are women abused by a male partner. Females are 84% of spouse abuse victims and 86% of victims of abuse at the hands of a boyfriend or girlfriend.(2)

9. What do we know?  Leaving an abusive relationship does not guarantee the reduction or elimination of violence or risk.(3)  In fact, leaving may create new risks or increase existing ones (kidnapping, threats against family and friends).(3) The rates and seriousness of physical abuse increase during periods of separation or divorce.(4)

10. 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.(5)

11. Domestic Violence and Economic Support • Women with abusive partners often use welfare as a bridge out of these relationships.(6) • 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.(7)

12. What is most important to a parent? • Housing? • Safety/well-being? • Food security? • Transportation? • Support networks?

13. What is on a survivor’s mind? Housing Employment TANF/Cash assist. Food security Health care Child support Visitation Protective order Child care Confidentiality Transportation Education Money Family Custody Substance abuse Counseling Separating Clothing Court dates Safety

14. Each domestic violence victim’s circumstances, risks and resources will be different, and may change.

15. Specific Child Support Risks • Violent retaliation in response to paternity establishment or enforcement actions • Abuser may gain knowledge of a survivor’s whereabouts or access to children to whom he poses a threat • An abusive ex-partner may re-enter her life • Threats to seek custody of children escalate

16. Over 90% of women with current/former abusive partners indicate an interest in pursuing child support IF THEY CAN DO SO SAFELY(8)

17. Domestic Violence and Economic Support Safety issues can come up at any point in the child support process.

18. Safely Pursuing 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

19. DISCLOSURE Disclosing domestic violence is difficult and sometimes dangerous – but there are steps you can take to facilitate disclosure.

20. 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.

21. Safely Enforcing Child Support In order to do good safety planning, domestic violence victims/survivors need accurate, timely and complete informationabout their responsibilities and the options, resources and confidentiality protectionsavailable to them.

22. What do 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 may be required. • Court papers with 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 risks from abusive partner or ex-partner.

23. Addressing Safety Risks (old paradigm) • TANF applicants/recipients can request a good cause waiver of the cooperation requirements. • Victims not receiving TANF could elect to not file for child support. • For everyone else, full enforcement would occur. “Red Light” – “Green Light”

24. Safely Pursuing Child Support “Yellow Light” Approaches • Develop individualized case management and enforcement plans when possible – Identify specific risks facing the client and respond to those specific risks as possible • Ensure client participation in decision-making • Institute safety and confidentiality procedures – Use the Family Violence Indicator (FVI) and other means to reduce ability of abuser to use child support system to track down victim

25. Safely Pursuing Child Support “Yellow Light” Approaches • Use enforcement tools selectively– Understand which enforcement mechanism might increase risk and avoid if possible (if necessary to proceed) • Provide notice to clients prior to taking actions that may pose risk to allow time for victim to design a safety plan – For example, when papers are to be served, when face-to-face meetings are inevitable

26. “Good Cause” Best Practices • Upon receiving a good cause request, halt the child support process until a determination is made. • Involve the claimant in the GC determination. • Never contact the NCP to substantiate a GC claim. • Require minimal amount of documentation. • Periodically review good cause cases to see if the situation has changed and child support can be pursued safely. • If good cause is denied, provide ample notice before proceeding and consult to see if individualized enforcement plan should be developed.

27. Improving “Good Cause” Practice • Continue to evaluate and improve processes for informing participants of good cause options. • Develop mechanism for measuring how many people apply for, are granted, and are denied good cause. • Consider connecting everyone denied good cause with a domestic violence advocate.

28. The Family Violence Indicator A Family Violence Indicator (FVI) can be placed on the victim and child to protect addresses and other confidential information. Should function to automatically block a victim’s address from appearing on pleadings and correspondence and alert child support workers to risk.

29. 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 • Allow survivor to park in well-lit areas near building • Have security/sheriff available when requested, including to escort a survivor to and from her transportation • Use posters, flyers and web-based information to communicate that you understand and care about safety issues

30. Making Child Support Work for Domestic Violence Victims • Universally provide information about potential risks and safeguards at all stages of the process • Create safe and confidential opportunities to disclose • Build strong partnerships with local and state domestic violence programs and coalitions and engage in ongoing cross-training • Gather – and use – data to improve response

31. Family Violence Collaboration Office of Child Support Enforcement ChildSupportPrevention Health Care Coverage CSE Core Mission:Locate Parents Establish Paternity Establish Orders Collect Support Engagementof Fathers from Birth Healthy FamilyRelationships Economic Stability

32. TAKE AWAYS • Survivors of domestic violence need safe access to child support services • Survivors can face a host of issues and barriers • Effective and safe service requires an intentional, ongoing and integrated approach • Providing universal information enhances safety and efficiency • Domestic violence programs/experts are important partners and resources for you and your clients

33. SOURCES (1) Tjaden, P., & Thoennes, N. (2000). Extent, nature, and consequences of intimate partner violence: Findings from the National Violence Against Women Survey. Washington, DC: U.S. Department of Justice, National Institute of Justice and Centers for Disease Control and Prevention. (2) Durose, M. R., et al. (2005). Family Violence Statistics: Including Statistics on Strangers and Acquaintances. Washington, DC: Department of Justice, Bureau of Justice Statistics. (3) Davies, J. (2008, June). When Battered Women Stay…Advocacy Beyond Leaving. Harrisburg, PA: National Resource Center on Domestic Violence, Building Comprehensive Solutions to Domestic Violence, Publication #20. (4) Tjaden, P., & Thoennes, N. (July 2000). Extent, nature, and consequences of intimate partner violence – Findings from the National Violence Against Women Survey. Washington, DC: National Institute of Justice and the Centers for Disease Control and Prevention. Block, C. R. (2004). Risk Factors for Death or Life-Threatening Injury for Abused Women in Chicago. Washington, DC: US Department of Justice, National Institute of Justice.

34. SOURCES SOURCES (5) Sullivan, C., et al. (1992). After the Crisis: A Needs Assessment of Women Leaving a Domestic Violence Shelter. Violence and Victims, 7, 267. (6) Lyon, E. (1997). Poverty, Welfare, and Battered Women: What Does the Research Tells Us? Harrisburg, PA: National Resource Center on Domestic Violence. (7) Lindhorst, T., et al. (2007). Longitudinal Effects of Domestic Violence on Employment and Welfare Outcomes. Journal of Interpersonal Violence, 22, 812 – 828. Lindhorst, T., et al. (2008). Screening for Domestic Violence in Public Welfare Offices: An Analysis of Case Manager and Client Interactions. Violence Against Women, 14, 5 – 28. (8) Pearson, J., & Thoennes, N. (2000). New directions for child support agencies when domestic violence is an issue. Policy and Practice, 58, 29-36.

35. ADDITIONAL RESOURCES OCSE - For additional training resources, including a “We Care About Your Safety” Outreach Card (English and Spanish), a Case Worker Desk Card, and other training resources: www.acf.hhs.gov/programs/cse National Resource Center on Domestic Violence – For a special online collection of research, policy and practice information, and other materials related to domestic violence and child support issues: www.vawnet.org/special-collections/ChildSupport.php National Domestic Violence Hotline – For direct assistance for victims and outreach/public education resources: www.thehotline.org/resources/

36. Thank you!