2006 Best Practice: Utah - Maximizing Use Of Criminal Non-Support Tools

UTAH

MAXIMIZING USE OF CRIMINAL NON-SUPPORT TOOLS

Goal:Maximize the use of Criminal Non-Support (CNS) tools by providing more direction and greater resources to Utah's CNS program.

Strategic Plan: Supports Strategy 10 of the National Child Support Strategic Plan.

Description:In October 2000, staff from the Utah Office of Recovery Services/Child Support Services (ORS/CSS) attended a conference in Columbia, South Carolina which focused on maximizing the use of Criminal Non-

Support (CNS) tools. The CNS program had been in operation in various forms in Utah and with varying degrees of success since the early 1980's. However, after October 2000, Utah increased the commitment and attention to that program.

In order to increase efficiency and expedite CNS referrals, problems with the existing program were identified. The next step was to identify the critical partners and determine their roles as a way to help detect the barriers to be eliminated or minimized.

Based on a shared analysis of the processes, ORS/CSS and the Office of the Attorney General (AGO) negotiated and entered into a Memorandum of Understanding (MOU). The MOU clarified roles for participants in both organizations, formalized criteria for future referrals for prosecution, and established new reporting procedures. More specifically, the MOU:

Designated types of cases for referral for criminal prosecution
Identified functions which could be assigned to ORS/CSS agents and thereby free up AG time for trial preparation and prosecution
Determined information to be included in the monthly tracking report

While specific details of the MOU were still being negotiated, participants implemented as many of the processes as possible.

An ORS/CSS Criminal Specialist position was created by reassigning a child support worker full-time to the CNS program. The Criminal Specialist's duties included:

Identifying cases for prosecution
Preparing cases for hearing
Creating computations and tracking historical payments
Preparing documents for discovery
Testifying in court

There was a crucial need to improve the reporting of case status and payment monitoring in the CNS program. Previously, paralegals assigned to the AGO had logged and tracked restitution payments manually. This often resulted in inaccurate reporting even though much AGO staff time (and therefore costs) was spent in tracking payments.

Using query management function (QMF) software designed to query the database of the state's automated child support system (ORSIS), reports were created which could track payments, case status, and other information in CNS cases automatically. These reports are now accessible both to the AGO and to ORS/CSS on a monthly basis. Compliance with restitution orders, payment frequency and amounts are all tracked rapidly and accurately.

Results:Results achieved through these efforts have been impressive. A total of 323 cases were referred to the AGO as of the year 2000, and collections on these cases totaled $547,585. During the first year of this project (2001), while the number of active CNS cases dropped to 294, collections totaled $952,215. Collections per case increased significantly. In the calendar year 2004, 473 cases were referred to the AGO, setting a new record for collections of $1,732,701.

Results included marked improvement in the time between case referral to the CNS/AGO and court filing. A logjam was cleared. The average time from case referral date to court filing date decreased from approximately 6 months to the current 30 days.

As a result of improved reporting, the AGO paralegals have increased time for:

Monitoring CNS cases for compliance after conviction
Improved follow-up on missed payments to keep convicted parents from violating the terms of the restitution
Improved partnering with probation officers, who previously ignored CNS convictions but now recognize the importance of criminal non-support restitution payments to families

Most of these efficiencies have been achieved with a minimal increase in financial resources. However, in 2004, an additional attorney and paralegal were added to the CNS program.

A shared willingness to engage in a critical analysis of processes and to implement and formalize changes through an MOU have resulted in a productive joint effort between ORS/CSS and the AGO in the Utah Criminal Non-Support program.

Location:The CNS program is in operation statewide.

Funding:Regular IV-D funding is used.

Replication Advice:Critically analyze processes and roles of key players. Automate performance reports.

Contact:

Mark Brasher

Acting Director,

Office of Recovery Services

Phone: (801) 536-8968

Email: mbrasher@utah.gov