Art of Establishment Part 2

Art of EstablishmentPart 2 Presented by Lee Fisher, Sarah Delgado, and Amy Burgoon Strong Families Make a Strong Kansas

Strong Families Make a Strong Kansas

Agreed Orders The establishment process encourages agreed orders, but under the umbrella of a “ticking clock.” This means that the process begins with service upon the NCP/alleged father of a petition for support, and possibly paternity establishment. Once the NCP/AF is served, staff is responsible for reaching out to the NCP/AF via phone and in writing to attempt to negotiate an agreed order. Should the NCP be unwilling to enter an agreed order, the case is then scheduled for a hearing. Strong Families Make a Strong Kansas

Agreed Orders The following process flow depicts, at a high level, the steps involved from the point of identifying a case as appropriate for an establishment action to the point of order entry. Later in this training we review how to take certain actions in KAECSES, such as generating a petition or entering the terms of an order. Strong Families Make a Strong Kansas

Flowchart Strong Families Make a Strong Kansas

Agreed Orders CSS uses the generic term of case worker, administrative assistant and attorney to reflect the intended roles responsible for each step. Local offices may vary in their use of resources, but the premise is that the case worker is responsible for preparing the legal documents once the case is properly prepped with custodial parent information and verified NCP location. The administrative assistant role handles the court liaison and service of process duties. The attorney takes over for defaults, if the NCP has legal counsel, and to review orders drawn up by the case worker. Strong Families Make a Strong Kansas

Agreed Orders • The following is a step-by-step narrative of the process flow. • 1. The case worker prepares the case, gathering sufficient information from the CP, as well as locate and wage information on the NCP. This information generally includes: • Entry of Appearance – CP; • Domestic Relations Affidavit; • Allegation of Paternity (or Verification); • Birth certificate/acknowledgment; and • NCP locate/employment/wages info. Strong Families Make a Strong Kansas

Agreed Orders • 2. The case worker then prepares the legal documents, including the cover letter, petition, summons, praecipe and civil information sheet. The case worker forwards the file to the administrative assistant and enters the LGRQ. • 3. The administrative assistant makes the requisite number of copies, files the action with the court, and arranges for service of process. Strong Families Make a Strong Kansas

Agreed Orders • 4. The NCP is served. For purposes of this process flow, we are assuming service is completed. • 5. If the NCP does not file an answer, go to step 6. If he does, go to step 8. • 6. The caseworker waits 30 days, and if there is no answer filed, the case worker sends a request to the attorney to proceed with a default action. Strong Families Make a Strong Kansas

Agreed Orders • 7. The attorney proceeds with the default process. • 8. If the NCP has legal counsel, go to Step 9. If not, go to step 11. • 9. The case worker informs the attorney that the NCP has legal counsel and provides the physical file. Strong Families Make a Strong Kansas

Agreed Orders • 10. The attorney handles the order establishment process from here. • 11. If paternity is an issue, go to step 12. If not, go to step 18. • 12. The case worker determines either through the NCP’s answer or a phone call from or to the NCP if he requests genetic tests. If he does, go to step 13. If he does not, go to step 18. Strong Families Make a Strong Kansas

Agreed Orders • 13. The case worker generates the Ex Parte Motion for Genetic Testing and Order. Once returned from the Court, the case worker schedules the genetic tests. Over a 30 day period, the case worker may schedule two times. • 14. If the NCP fails to appear for the genetic test, go to step 15. If he does appear go to step 16. • 15. If the NCP fails to appear, the case worker provides the file to the attorney for further action. Strong Families Make a Strong Kansas

Agreed Orders • 16. If more than one alleged father failed to appear for genetic tests, go to step 17. If there is just one alleged father who failed to appear, return to step 7 and proceed with default. • 17. If testing has not been completed on any alleged father that provides results showing 97% or greater probability of paternity, the attorney files a motion for contempt to all alleged fathers who failed to appear for the genetic tests. Strong Families Make a Strong Kansas

Agreed Orders • 18. If the genetic tests indicate the father is not the father the case worker refers the files to the attorney for step 19. If the genetic tests include the NCP, the case worker goes to step 20. • 19. The attorney proceeds with a dismissal of the action. Strong Families Make a Strong Kansas

Agreed Orders • 20. At this point the case worker has resolved the matter of paternity (if at issue) and is still working toward an agreed order. The case worker calls the NCP or sends a conference letter and informs the administrative assistant to set a hearing date. • 21. The administrative assistant coordinates a hearing date with the court and sends a hearing notice to the NCP. This is a conscious decision to keep the clock moving forward with a clear resolution date in mind. Strong Families Make a Strong Kansas

Agreed Orders • 22. The case worker is either communicating via phone or in a conference with the NCP, attempting to obtain an agreed order. The case worker uses a Questionnaire to guide the discussion with the NCP. If the NCP fails to proceed with an agreed order, go to step 23. If the NCP consents to the agreed order, go to step 24. Strong Families Make a Strong Kansas

Agreed Orders 23. The case worker updates the child support worksheet with information obtained during interaction with the NCP and notifies the NCP that the matter will be resolved at the scheduled hearing. The case worker notifies the attorney five days prior to the hearing that the matter is still pending. The attorney proceeds with legal establishment (Step 10). Strong Families Make a Strong Kansas

Agreed Orders • 24. The case worker completes the NCP questionnaire for presentation to the attorney, recalculates the child support worksheet and generates the order in KAECSES. The case worker provides the file to the attorney. • 25. The attorney reviews the file for completeness, accuracy and legal sufficiency. Strong Families Make a Strong Kansas

Agreed Orders • 26. If the Order does not pass the attorney’s review, return to step 24. If the order does pass the attorney review, the attorney forwards the file to the administrative assistant, go to step 27. • 27. The administrative assistant prepares the copies of order, IWO, MWO, NOA, any other required documents and files the order with the court. Strong Families Make a Strong Kansas

Agreed Orders • 28. The court files the order. • 29. The administrative assistant enters the file date, sends copies to the parties, IWO to employer, notifies finance and returns the file to the case worker. • 30. The case worker closes the establishment LGRQ, creates a enforcement LGRQ and transfers the case to the ENF case worker. Strong Families Make a Strong Kansas

Agreed Orders Strong Families Make a Strong Kansas

Agreed Orders If the parties are living together and wish to sign an agreed order, there is a document on CSS Pubs SharePoint, that can be completed. Please note that the voluntary packet will still need to be downloaded via KAECSES. Strong Families Make a Strong Kansas

Strong Families Make a Strong Kansas

Adding/Generating a Petition Strong Families Make a Strong Kansas

Caseload Management Getting Organized Strong Families Make a Strong Kansas

Caseload Management Open multiple windows in KAECSES. Strong Families Make a Strong Kansas

Caseload Management E-mail • You may save a significant amount of time by using the following practices to sort through new e-mails: • Quickly scan all the new e-mails by looking at the sender and subject line. • Delete any low-value messages (i.e. All staff e-mails that do no pertain to you such as car availability, job opportunities that you do not qualify for, etc.) and unknown sender/subjects as they could be spam. • Focus on sequences of messages that relate to one particular topic. Read the first e-mail received and then the last e-mail received. You can delete all the middle responses. Remember that you have the ability to sort e-mails by subject. Strong Families Make a Strong Kansas

Caseload Management Work your e-mails in the following order: • Superiors (including complaints) • Customers • Peers and Subordinates Strong Families Make a Strong Kansas

Caseload Management Prioritizing and Maintaining a Routine Strong Families Make a Strong Kansas

Caseload Management Daily Alerts- Important and Urgent: Alerts should be worked everyday at the beginning of each day to ensure that all updates that are necessary on a case are made as soon as possible. Strong Families Make a Strong Kansas

Caseload Management DMONS/MONAS: Important and Not Urgent: DMONS/MONAS should be worked weekly to monitor case actions. Strong Families Make a Strong Kansas

Caseload Management Phone Messages - Important and Urgent: Messages left by customers and/or call back e-mails need to be returned promptly within two business days. Strong Families Make a Strong Kansas

Caseload Management Mail - Various Categories: Example: Appeal Notices, Bankruptcy Notices, and Court Orders are Important and Urgent Negative Postmaster and Employer Letters are less important and not urgent

Caseload Management Computer Tips: • Copy and Paste when you can to save time from typing something twice • Use Macros • Use shortcuts such as ALT-TAB to switch between programs. Strong Families Make a Strong Kansas

Caseload Management Reviews: Schedule time each day to complete reviews to ensure they get done. Strong Families Make a Strong Kansas

Caseload Management Call Back/ Action E-mails: respond within two business days Reviews: Work Daily Alerts: Work Daily DMONS/MONAS: Work Weekly Prioritize Mail (postal and electronic): Work Daily Strong Families Make a Strong Kansas

NARRATE, NARRATE, NARRATE! The caseworker is responsible for narrating all actions they take on case (including requests made to attorney/legal specialist, finance unit, etc..). A CSCC representative should be able to review CSLN and be able to explain to a caller all actions that are occurring on a case. If it isn’t narrated, it didn’t happen! Strong Families Make a Strong Kansas

QUESTIONS? Strong Families Make a Strong Kansas

Art of Establishment Part 2