Transcript Genetic Paternity Testing and Child Support Programs

Genetic Paternity Testing and
Child Support Programs
Objective: A genetic paternity test in
a timely fashion
• Why: Determination of fit and willing
relatives for placement
• Prevents delays in establishing permanency
for the minor child
• Prevents attachment and bonding with third
party foster parents, or a man who is later
proven not to be the father when child could
be bonding with appropriate relative
placements, including the putative father.
Traditional Approach
• 1. DFCS SSCM makes a referral to Child Support
Services (DCSS) 1003.19
• This referral occurs as part of the referral to Rev
Max for eligibility determination for IV-E and
Medicaid
• Social Services Manual Chapter 1000, Page 28
• (no later than 5 working days after the child’s
removal)
• RMS refers the parents to DCSS
• 2. DFCS SSCM waits for an order to be established on
the parents.
Reasons for Not Referring
• 1) Child in permanent custody of DFCS *(New
law in effect which says support owed until
adoption should change this section of policy)
• 2) Those who have returned home at the time
the eligibility determination is completed, those
who are returned home at the 72 hour hearing
3)Those who receive adoption assistance benefits
• ERG Procedure 339, Page 1-2
Exceptions
• Those whose parents are unknown; and
• Those for whom “good cause” not to refer
exists and is supported by written justification
statement signed by County Director/Program
Director
When will DCSS pay for DNA testing
• See Practice Issues: 1003.22
• Where paternity is an issue, DCSS will arrange
and pay for DNA testing, but only in
conjunction with a case that has been referred
for full DCSS services.
Other needs 1003.22 (2)
• Any other need by the county department to
establish paternity; e.g., in preparation for filing a
TPR petition, identification of a placement
resource, etc. will require DFCS to schedule and
pay for the testing.
• See Section 1016, Fiscal, for UAS Code 518, First
Placement/Best Placement Wrap-Around Services
for payment options.
• Also see PUP SERVICES INVOICE (UAS 521)
• ERG Procedure 339.15
Can you get a “timely” paternity
determination for child welfare
purpose by relying on a DCSS
referral?
What is the best case scenario ?
Referral Process
• Case is sent from CSSM to REV/MAX for
eligibility determination
• Time Frame: within
• DCSS receives the referral from SHINES—(daily
View direct report)
• Case is assigned a case number in the $TARS
system: auto populated by STARS
• Agent Reviews the Vital Records Birth Index
and Paternity Acknowledgment Screen
Establishment Procedure
• If the Agent determines that there is a legal
father other than the father named by DFCS,
agent must notify that DCSS must pursue the
legal father for establishment of exclusion
• If not an issued, the office receiving the
referral will register the case within 3 days of
the date of receipt of referral.
• Acknowledge receipt of referral within 20 days
DCSS Referral
• An appointment letter is first mailed to the alleged father (AF – this is how
DCSS refers to them in their procedure manual) and this letter includes a
specific appointment date/time for the AF to appear and meet with an
agent to settle the case by consent order.
• As far as how many days lapse within the appointment and court cycle,
the appointment will most likely be set within a month of when the letter
is mailed out.
• If the AF appears and will consent, or if he won’t consent or doesn’t
appear, they prepare the court docs while he is in the office or on the date
of the missed appointment. They have the AF either sign an
acknowledgement and waiver of service, or they route the case on to the
ADA or SAAG to have signed, and then the staff has it filed with the clerk,
sent to the sheriff for service. The diagram of what happens depends on
whether the AF cooperates or not.
• Also, offices that e-file will process their documents a little differently, but
the general process is the same.
Child Support Services Establishment
Process
• Legal Secretary files with Clerk of Court, obtains
case number and sends the package to the
sheriff’s office for service for first court
appearance.
• Court appearance usually set 30 days out to
ensure service and to comply with civil practice
provisions.
• Litigant entitled to 30 days after date of service to
file an answer (with 15 additional days to buy
out of default)
Child Support Procedure
• Genetic Paternity Testing Results: Within 2-3
weeks of testing.
• Samples are currently obtained by DCSS
employees in the office or at court
• Results are sent, if HIPPA signed by both
parties; if not, only a paternity determination
letter is mailed.
• Case set for court to establish child support
obligation, order sent to DFCS.
Foster Care Services: Fiscal
• In Home Case Management (Entitlement
Code 71)
• Purpose: to provide case management
assistance to families in completing the
defined goals and steps of the Case Plan
• Service activities: Activities, include
establishing paternity (DNA testing)
Uniform Accounting System Codes
(UAS)
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COSTAR Section 3006 Revised November 2013
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UAS Program 521 PUP (CONTRACT FOR CERTAIN SERVICES REQUIRED) continued
ALLOWABLE ENTITLEMENT CODES
DESCRIPTION CODE SPECIFIC SERVICE REQUIREMENTS
Paternity
Testing/DNA
Testing
51e
CONTRACT REQUIRED
Up to $200.00 maximum per service
Procedure from Office Using PUP
funds
• “We use Georgia On-Site Lab Testing and it is
$200 per child and for the father. They
typically have the results within two weeks
max. We use PUP funds to pay for it through a
service authorization.”
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Tasondra D. Terrell, LMSW
Social Services Supervisor
Rockdale Co. DFCS
975 Taylor St.
Costs Associated with Paternity Testing
• Child Support Services
• $29.65/person, total
cost = $88.95
• DFCS contract
• As of November, 2013
not to exceed $200.00
Reasonable Efforts to Preserve or
Reunify the Family 15-11-46
• 15-11-202
• Placement in the most
appropriate, least
restrictive, and most
family-like setting
available…….
• (f) services are to be
• Consistent and timely
DFCS TIMEFRAMES
• 30 days of the date
after a child who is
placed in DFCS custody
to complete a case plan
• O.C.G.A. Section 15-11200
• Diligent Search for
Relatives, includes the
duty to search for
relatives and make a
“comprehensive search
of data bases”
• O.C.G.A. Section 15-11211
DFCS TIME FRAMES
• Disposition Hearing
• 15-11-210
• If not held in
conjunction with
adjudication, held and
completed within 30
days after the
conclusion of
adjudication hearing
• Documents to be
considered prior to
disposition, the social
study report, if
applicable if made by
DFCS and case plan
Periodic Review Hearings
• Periodic Review Hearing
• 15-11-216
• Initial within 75 days of
adjudication
• Next review 4 months
following the initial
review
• What is being done at
this hearing—At the
initial 75 day periodic
review, the Court shall
approve the completion
of the relative search,
schedule the 4 month
review—15-11-216(c)
Permanency Planning Hearing 15-11-230
Children Under 7—no
later than 9 months after
child entered foster care
Child Age 7 and Above- no
later than 12 months after
the child has entered
foster care
• Non-Reunification No
later than 30 days after
DFCS has submitted the
written report
Permanency planning report 15-11-231
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Report Includes:
• A statement as to the
availability of a safe and
appropriate placement
with a fit and willing
relative of such child
• Or other persons who
have demonstrated an
ongoing commitment to
a child or a statement
as to why such
placement with a
relative or other person
is not safe or
appropriate
Relative Search by DFCS
• Diligent Search shall be conducted at the onset of
the case and duty is continuing
• Search shall be completed, documented in
writing and filed with the Court within 30 days
from the date on which the alleged dependent
child was removed from home
• A “minimum” diligent search, includes: (7) any
other reasonable means that are likely to identify
relatives or other persons who have
demonstrated an ongoing commitment to the
child 15-11-211-(b)(7)
Meetings and Assessments: Time
Frames for child in foster care Juvenile
Court Proceeding
• Family Team Meeting
• Comprehensive Child and
Family Assessment
(expediting permanency)
following the 72 hour
hearing when the child
is detained
What’s New in the DCSS World
Patricia K. Buonodono, JD, CWLS
Child Support Project Director
Staff Attorney, Georgia Commission on Child Support
Administrative Office of the Courts
References
• Division of Child Support Services, Employee
Reference Guide-Procedure 0339, Foster Care,
Revised 9/9/2013
• Procedure 327,
• Genetic Testing 327
References
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O.C.G.A. Section 15-11-100, et seq.
O.C.G.A. Section 19-11-1, et seq.
Social Services Manual Chapter 1000
COSTAR-Support Services, Section 3006
PUP Services Invoice (UAS 521)
Contact Information
• Lisa M. Mantz, Associate Judge
• Newton County Juvenile Court [email protected]
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Patricia K. Buonodono, JD, CWLS, Child Support Project Director
Staff Attorney, Georgia Commission on Child Support
Administrative Office of the Courts
244 Washington Street, Suite 300
Atlanta, Georgia 30334
Office: (404) 463-0044
Cell: (404) 989-8358
Fax: (770) 342-4745
www.georgiacourts.gov/csc/