DCL-99-91 The Child Support Enforcement Litigation Report

DCL-99-91 SEP 17, 1999

TO: ALL STATE IV-D DIRECTORS

RE: The Child Support Enforcement Litigation Report

Dear Colleague:

We are updating our September 1996 National CSE Litigation Summary. To ensure the new summary includes the correct state information, we would appreciate having the name and address, phone, fax and e-mail for the most appropriate contact in your state to provide details of IV-D related cases decided by the Supreme Court of your State in the past three years as well as of cases currently pending.

On or before September 27^th, please send this information to our contractor, Dr. Bettie Applewhite by e-mail or fax. Your staff person will then be contacted by our contractor staff. Also, if you currently have a litigation report, it would be helpful to submit it to Dr. Applewhite (see below for contact information).

The report, which will be sent to you and will be available on our internet site, will summarize key litigation of national importance in which either the State or the Federal government was a party regarding provisions of the child support enforcement program. Specifically, the report will cover all Federal cases (including criminal support enforcement) reported in which either the State or Federal government was a party and the case involved any aspect of title IV-D interpretation or legal IV-D community, such as:

State litigation relevant to other states where a Federal IV-D statutory provision is at issue. For example, this could include cases involving provision of IV-D services, licenses revocation, Uniform Interstate Family Support Act (UIFSA), and Native American jurisdictional disputes.

Section 1983 (US Code) suits, privacy, rights and safeguarding of ADP information, parental kidnapping, criminal support, enforcement, right to legal services or guardian ad litem (for minors), genetic testing (some DNA cases may or may not be IV-D program) and possibly limitations on legal services; and/or

Federal audit-related cases and those at the Department of Health and Human Services Department Appeals Board.

Please provide the requested state contact person to:

        Dr. Bettie Applewhite
        Applewhite Research & Management Services
        50 South Pickett Street, Suite 203
        Alexandria, VA 22304
        e-mail: armsprez@aol.com
        (703) 823-2060 PHONE
        (703) 823-2119 FAX

The Federal Project Officer is Myles Schlank, Chief, Technical Assistance Branch. Myles can be reached on (202) 401-9329.

Thank you in advance for your assistance.

Sincerely,

David Gray Ross
Commissioner
Office of Child Support Enforcement