Texas

Establishment of Support Orders, Paternity Project Day (Victoria)

Description

Not too long before Christmas in 1996, David Kabela was wracking his brain about how to get a lot of paternity cases done quickly “without sending a lot of folks to court.” He had a brainstorm. With planning by the establishment team and the blessings of the state office, the Victoria Office of the Attorney General, Child Support Division, scheduled a “Paternity Project Day.” The staff's goal: get a lot of work done fast while making it a pleasant experience for themselves and those coming in.

That first Paternity Project Day in December 1996, the office's big foyer was set up with toys and games for children plus refreshments for everyone. Over 600 people, involved in 200 cases, came through in an eight-hour period. The court Master came to the child support offices to be available to sign orders. Staff were available as required for blood and DNA testing.

Now, the “Paternity Project” process is used in most paternity cases. Cases are commenced with the preparation of a Petition to Establish the Parent Child Relationship. After the Petition is filed in court, a letter is sent to both the putative father and the mother with the petition - but no summons - attached. It informs them of the pending case and invites them to attend a meeting at the Child Support Unit Offices on the next Paternity Day. The tone of the letter is positive. The themes are “avoid court,” “save money,” and “help a child.”

The letter informs both parents that genetic testing can be commenced that day. The custodial parent is asked to bring in the child or children so that DNA samples can be taken. Parents who are minors are directed to bring their own legal guardian with them. Parents are also asked to bring photo id, W-2 forms, and current pay stubs.

Seventy-five to 100 cases are scheduled each time a paternity day is held. Fifteen are scheduled every hour and a half throughout the day. Cases involving parties living in outlying areas are scheduled later in the day to give them time to get to the child support office. Whether they live close by or far away, about 70 percent of those receiving the letter come to the meeting. (This process is not used in cases with domestic violence concerns. These are set directly for court.)

At the appointed time the mother and putative father meet with a staff member. They address child support, retroactive child support, health insurance and paternity. Paternity is the first topic addressed. Staff make sure parents understand they have a right to a blood test. If the parties wish to agree to paternity without genetic testing they are asked to sign a letter indicating their understanding of their right to such a test.

If the putative father wants genetic testing, all sign indicating their desire for the test. The parties are escorted to the laboratory staff who are on the premises for the day to have their samples taken. These tests are scheduled directly for court at a date after test results are expected (six to eight weeks).

When the parties agree to paternity, a support calculation is based on the parents' statements of income and information they have brought in. In addition, staff have access to Texas Employment Commission income information online during the meeting.

The staff member fills out the order and gives copies to the parents. The Court Master signs at a later time.

If neither party attends, the case is set for court and both parties are served. If only one parent appears, he or she is asked to sign a waiver of service and a setting notice which allows the Attorney General to proceed with service on the other parent only.

Results

About 500 cases each year are scheduled for Paternity Project Day meetings in Victoria. Parties appear in about 350 cases per year. The state saves approximately $200 per case in service and processing costs when both parties appear and service is unnecessary; $125 when one party appears. Estimated annual savings in service and processing costs are $70,000 in the Victoria office. In addition, the state has savings in court costs and time and travel time for attorneys and other staff members.

Perhaps most importantly, this process gets paternity cases into paying status much more quickly than the full court process. This results in state savings in TANF costs and provides much needed support more speedily to non-TANF families.

Location

The Victoria, Texas office of the Texas Attorney General, Child Support Division. Victoria is a town of 60,000. The office serves nine, primarily rural counties (e.g., county population of some counties is only 12,000).While the project has not been duplicated, some additional offices in Texas have adapted the concept to fit local needs.

Funding

Regular IV-D funds.

Replication Advice

“Start small at first,” says David Kabela, the Project's originator. “We were too aggressive the first time. We had over 200 cases set one day. It took us three days to recover.” Kabela also advises trying the procedure at least three times before making a final decision about whether to make it a permanent part of an office's paternity process. “It takes three or four times for everyone to get comfortable with this.”

Because all their staff are trained in court procedures and how to complete court orders, special training on these topics was not an issue. It might be elsewhere. The Victoria staff did find that they are more involved in really talking things through with the parties in this process. They found that many folks seem to just want someone to listen to their concerns. Staff should be prepared for this and allow sufficient time for the process. (One and one half hours is allotted per case in Victoria.)

Finally, the office always has a security guard present on Paternity Day to avoid problems with large crowds present.