Enhancing Safety for Family Violence Victims

1. Enhancing Safety for Family Violence Victims LaShawn Scroggins Adrienne Noti, Esq. Christine Jennings Julie Lavin-Flaherty ERICSA 50th Annual Training Conference & Exposition ▪ May 19 – 23 ▪ Hilton Orlando Lake Buena Vista, Florida ERICSA 50 CELEBRATES YEARS OF SERVING FAMILIES: THE MAGIC IS STILL ALIVE ERICSA ERICSA ERICSA ERICSA ERICSA

2. Agenda • Intergovernmental ChallengesAdrienne Noti • Role of the Family Violence IndicatorChristine Jennings • State Focus: Massachusetts Julie Lavin-Flaherty

3. Intergovernmental Challenges

4. Role of the Family Violence Indicator • Why it was created by welfare reform • How it affects the flow of information from the Federal Parent Locator Service (FPLS)

5. Intersection of Child Support and Family Violence • Child support deals with two of the most sensitive issues people face • Children and money • Abuse may be the reason for the dissolution of a relationship • Applying for child support could result in retaliation • Escaping an abusive situation is only the first step • Violence might become a threat at any time

6. Why Child Support is a Solution • Establishing self-sufficiency is critical • Children need a constant and dependable source of income • In most cases child support is the appropriate and desired outcome so that self-sufficiency may be realized • The key question is how to pursue child support safely!

7. Welfare Reform • Recognized the responsibility of the child support program to protect people from harm • Made it much easier to find people through a greatly expanded FPLS, but …the law required states to notify the FPLS when the address of a person should not be released because that person might be harmed

8. What is the Family Violence Indicator? • Welfare reform specified that a family violence indicator (FVI) should be set on people who need protection • In most cases mothers and children are the ones who need to be protected • FVI prevents any information from being released from the FPLS • Important because the FPLS has access to extensive locate sources to find people, their income and their assets

9. What is the FPLS? • Created in 1975 to provide help from the federal government to states in working child support cases • In 1996 welfare reform created within the FPLS • Federal Case Registry (FCR), which contains all child support cases in the country • National Directory of New Hires (NDNH), which receives all new hire reports, wage records and unemployment insurance claims from across the country • These databases are matched daily to locate people

10. FPLS Matches with Many Outside Agencies and Entities • Social Security Administration • Department of Defense • Veterans Affairs • Internal Revenue Service • Federal Bureau of Investigation • National Security Agency • Multistate Financial Institutions • Thrift Savings Plan • Insurance Companies • Workers Compensation Agencies

11. How Are FVIs Set? • Laws and policies vary from state to state • States report different triggers for setting FVIs • Parent is asked if address needs to be protected • Protective order exists • Parent has signed an affidavit • Child welfare agency has received a child abuse complaint • Posting address in court or in a public document could be dangerous (sometimes the perpetrator is not involved in the child support case but is looking for the victim) • States provide the FVI on the FCR for people who need protection

12. Important Points to Know about the FVI • FVI should not be set on the perpetrator of family violence • FVI stops the flow of all information from the FPLS to all states, even the state that set the FVI • FVI should not be set on the entire case because this will protect the perpetrator as well as the victims – only set the FVI on a victim

13. What Happens When Victims are Protected by FVIs? Jane is the mother and Mary is a child. They are victims of family violence. John is the perpetrator. Jane wants child support pursued to help them gain self-sufficiency. The state correctly set an FVI on Jane and Mary Putting the FVI on the victims protects them while the child support agency can continue to receive locate information from the FPLS on the perpetrator to assist with collecting child support.

14. What Happens When the Perpetrator is Protected by an FVI? John is the perpetrator of violence against Jane and Mary. Jane wants child support pursued, but she and Mary need to be protected from being found. The state set the FVI on John, the perpetrator, by mistake! Because the FVI was set on the perpetrator in error, all vital FPLS data is blocked! The child support agency cannot use the FPLS to find him or his income and assets. The mother and child are not protected, and the state cannot use FPLS data to help them gain self-sufficiency.

15. How Does the FPLS Indicate FVI Protection? • If any state asks for information on a person protected with an FVI, the FPLS sends the message: “Disclosure Prohibited”

16. What if an FVI is No Longer Needed? • States remove the FVI from the FCR • Some states do not have processes in place to remove FVIs • Some states have practices to • Automate sending a notice to victims to ask if protection is still needed • Inquire if an FVI is still needed as part of routine contact • Check for expired protective orders (especially for temporary restraining orders) • Look for changed circumstances (e.g., a child protected with FVI may become a noncustodial parent later)

17. Important Points to Remember • Prevent misunderstandings and misuse of the FVI (don’t protect the perpetrator!) • Family violence can occur at any time during the life cycle of a child support case • Periodically review cases to see if an FVI should be set and periodically review cases to see if an FVI is no longer needed • Child support is a solution – it provides a road to self-sufficiency • The FVI can help pursue child support safely!

18. Some Considerations Beyond FVI • What is your state doing beyond sending an FVI to the FCR? • How does your state alert another state when information and documents are shared outside the FCR? • How does your state protect for another state (use different indicator other than FVI, or use processes to set and remove FVIs as directed by the other state)?

19. State Focus: Massachusetts • The goal is to help parents who have suffered abuse make decisions about whether child support services will be safe for them. • Consult with the victim about risks and benefits of child support services • Clarify the role of the IV-D agency • Do not promise total confidentiality

20. State Focus: MA Policy/Training • Safety concerns policy includes FVI/address protection along with other provisions to protect victims of domestic violence • All staff are trained on policy and “stop light” approach to reviewing parents’ safety issues • Safety concerns team provides technical support and assists with case consultations

21. State Focus: MA Approach to FVIs • Address protection/FVI is one option for victims of domestic violence who want IV-D services • Policy requires a request by the parent and written statement or other documentation • A restraining order is not required. The placement of the FVI is not tied to the existence of a restraining order

22. State Focus: FVIs / Lessons Learned • Automating placement of the FVI based on restraining order data created obstacles • Our population grew exponentially and we did not have a removal process • Mixing purposes for the FVI confused staff • Communicating with the parent about placement and before removal AND using FVIs for address protection only emerged as key steps in our plan

23. State Focus: Using FVIs for Address Protection Only • FVIs were primarily designed to protect addresses for victims of domestic violence who relocate • Staff also used the FVI as a general alert to domestic violence issues, even if there was no need for address protection • As part of our clean-up, we created a new and different systems indicator to provide a “general alert” to domestic violence issues

24. State Focus: Communicating about Address Protection • When a victim of domestic violence relocates, address protection requires constant vigilance • Modern technology makes safe relocation extremely difficult • FVI is a critical safeguard but is only directed at controlling information on IV-D related databases • Child support agencies should warn victims of domestic violence that our steps to protect addresses cannot guarantee total confidentiality

25. State Focus: Questions to Raise for Parents • Walk through the “life” of the child support case • Are you comfortable with being in the same room (e.g., a courtroom) as the abusive parent? How about having your name appear on paperwork? • Do you have concerns about disclosure through medical support? • Do you think child support services will motivate the abusive parent to find you? • Are you working with a domestic violence professional? Have you consulted safe relocation resources?

26. State Focus: Intergovernmental Process • “Nondisclosure requests” through UIFSA also provide some protection but do not guarantee confidentiality • States’ approach to “nondisclosure requests” varies, so having two states involved can increase risk • Communicating possible risks to parent is – again - the key step

27. State Focus: Discussion • What is the policy for FVI placement and removal in your state? Are FVIs effectively alerting staff to take steps to protect victims of domestic violence? • What are the challenges to communicating effectively with parents who have domestic violence issues? • What are best practices for protecting addresses of relocating victims who need intergovernmental child support services?

28. State Focus: Safe Relocation Resources National Network to End Domestic Violence NNEDV.org 202-543-5566 *** National Stalking Resource Center NCVC.org/src 202-467-8700

29. Contact Information • LaShawn Scroggins - Training Coordinator, OCSE,lashawn.williams@acf.hhs.gov • Adrienne Noti, Esq. - Special Advisor to the Director, OCSE, adrienne.noti@acf.hhs.gov • Christine Jennings - Program Manager, Northrop Grumman/OCSE, christine.jennings@ngc.com • Julie Lavin-Flaherty - Domestic Violence Attorney,State of Massachusetts, lavinj@dor.state.ma.us