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<title> - SUPPORTING WELFARE REFORM: CRACKING DOWN ON DEADBEAT PARENTS</title> |
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[House Hearing, 106 Congress] |
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[From the U.S. Government Publishing Office] |
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SUPPORTING WELFARE REFORM: CRACKING DOWN ON DEADBEAT PARENTS |
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======================================================================= |
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HEARING |
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before the |
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SUBCOMMITTEE ON |
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OVERSIGHT AND INVESTIGATIONS |
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of the |
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COMMITTEE ON COMMERCE |
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HOUSE OF REPRESENTATIVES |
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ONE HUNDRED SIXTH CONGRESS |
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FIRST SESSION |
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FEBRUARY 24, 1999 |
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Serial No. 106-9 |
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Printed for the use of the Committee on Commerce |
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U.S. GOVERNMENT PRINTING OFFICE |
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55-154CC WASHINGTON : 1999 |
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For sale by the U.S. Government Printing Office |
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Superintendent of Documents, Congressional Sales Office, Washington, DC 20402 |
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COMMITTEE ON COMMERCE |
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TOM BLILEY, Virginia, Chairman |
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W.J. ``BILLY'' TAUZIN, Louisiana JOHN D. DINGELL, Michigan |
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MICHAEL G. OXLEY, Ohio HENRY A. WAXMAN, California |
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MICHAEL BILIRAKIS, Florida EDWARD J. MARKEY, Massachusetts |
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JOE BARTON, Texas RALPH M. HALL, Texas |
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FRED UPTON, Michigan RICK BOUCHER, Virginia |
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CLIFF STEARNS, Florida EDOLPHUS TOWNS, New York |
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PAUL E. GILLMOR, Ohio FRANK PALLONE, Jr., New Jersey |
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Vice Chairman SHERROD BROWN, Ohio |
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JAMES C. GREENWOOD, Pennsylvania BART GORDON, Tennessee |
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CHRISTOPHER COX, California PETER DEUTSCH, Florida |
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NATHAN DEAL, Georgia BOBBY L. RUSH, Illinois |
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STEVE LARGENT, Oklahoma ANNA G. ESHOO, California |
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RICHARD BURR, North Carolina RON KLINK, Pennsylvania |
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BRIAN P. BILBRAY, California BART STUPAK, Michigan |
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ED WHITFIELD, Kentucky ELIOT L. ENGEL, New York |
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GREG GANSKE, Iowa THOMAS C. SAWYER, Ohio |
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CHARLIE NORWOOD, Georgia ALBERT R. WYNN, Maryland |
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TOM A. COBURN, Oklahoma GENE GREEN, Texas |
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RICK LAZIO, New York KAREN McCARTHY, Missouri |
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BARBARA CUBIN, Wyoming TED STRICKLAND, Ohio |
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JAMES E. ROGAN, California DIANA DeGETTE, Colorado |
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JOHN SHIMKUS, Illinois THOMAS M. BARRETT, Wisconsin |
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HEATHER WILSON, New Mexico BILL LUTHER, Minnesota |
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JOHN B. SHADEGG, Arizona LOIS CAPPS, California |
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CHARLES W. ``CHIP'' PICKERING, |
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Mississippi |
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VITO FOSSELLA, New York |
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ROY BLUNT, Missouri |
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ED BRYANT, Tennessee |
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ROBERT L. EHRLICH, Jr., Maryland |
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James E. Derderian, Chief of Staff |
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James D. Barnette, General Counsel |
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Reid P.F. Stuntz, Minority Staff Director and Chief Counsel |
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______ |
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Subcommittee on Oversight and Investigations |
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FRED UPTON, Michigan, Chairman |
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JOE BARTON, Texas RON KLINK, Pennsylvania |
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CHRISTOPHER COX, California HENRY A. WAXMAN, California |
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RICHARD BURR, North Carolina BART STUPAK, Michigan |
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Vice Chairman GENE GREEN, Texas |
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BRIAN P. BILBRAY, California KAREN McCARTHY, Missouri |
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ED WHITFIELD, Kentucky TED STRICKLAND, Ohio |
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GREG GANSKE, Iowa DIANA DeGETTE, Colorado |
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ROY BLUNT, Missouri JOHN D. DINGELL, Michigan, |
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ED BRYANT, Tennessee (Ex Officio) |
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TOM BLILEY, Virginia, |
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(Ex Officio) |
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(ii) |
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C O N T E N T S |
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Page |
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Testimony of: |
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Daffron, Diana L., Chantilly, Virginia....................... 8 |
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Dutkowski, Wallace N., Director, Office of Child Support, |
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State of Michigan.......................................... 40 |
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Hartwig, John F., Deputy Inspector General, Office of the |
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Inspector General, Department of Health and Human Services. 30 |
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Heckman, Jeannine, Fairfax, Virginia......................... 9 |
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Kryskowski, Renata, Detroit, Michigan........................ 11 |
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Monahan, John, Principal Deputy Assistant Secretary for |
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Children and Families, Department of Health and Human |
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Services................................................... 26 |
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Skidmore, Donald, Investigator, Wayne County Sheriff's |
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Department, Child Support Multi-Agency Investigative Team, |
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State of Michigan.......................................... 44 |
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Turetsky, Vicki, Senior Staff Attorney, Center for Law and |
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Social Policy.............................................. 48 |
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Young, Nick, Director, Child Support Enforcement Division, |
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Commonwealth of Virginia................................... 35 |
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(iii) |
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SUPPORTING WELFARE REFORM: CRACKING DOWN ON DEADBEAT PARENTS |
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WEDNESDAY, FEBRUARY 24, 1999 |
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House of Representatives, |
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Subcommittee on Oversight and Investigations, |
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Committee on Commerce, |
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Washington, DC. |
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The subcommittee met, pursuant to notice, at 10 a.m. in |
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room 2322, Rayburn House Office Building, Hon. Fred Upton |
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(chairman) presiding. |
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Members present: Representatives Upton, Burr, Bilbray, |
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Ganske, Bryant, Bliley (ex officio), Klink, Stupak, Green, and |
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DeGette. |
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Staff present: Duncan Wood, investigator; Andrew Leyden, |
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majority counsel; Mark Paoletta, majority counsel; Penn |
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Crawford, legislative clerk, and Edith Holleman, minority |
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counsel. |
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Mr. Upton. Thanks, everybody, for coming. Welcome to the |
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Subcommittee On Oversight and Investigations. We will start |
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with some opening statements. |
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Today we are holding a hearing on a new multi-agency child |
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support enforcement task force. It uses an innovative approach |
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to make deadbeat parents pay up. The task force, known as |
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Project Save Our Children, was created in 1998 and combines |
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Federal, State, and local resources in an integrated law |
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enforcement effort. The program identifies, pursues, and |
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prosecutes the most egregious offenders in order to force them |
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to provide support for their children. Project Save Our |
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Children intentionally publicizes these prosecutions to |
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encourage all non-custodial parents to support their children |
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or else face the prospect of arrest. |
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America faces a serious child enforcement problem. On the |
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one hand, the high rate of divorce, coupled with the high |
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number of children born out of wedlock, means that there are |
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approximately 19 million families with non-custodial parents. |
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And, on the other hand, America's child support collection |
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record is fairly dismal. In 1997, nearly $60 billion was owed |
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by non-custodial parents, but only 25 percent of that total was |
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actually collected. According to HHS, single parents and their |
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children who are owed outstanding child support are more than |
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twice as likely as other parents to live in poverty--with all |
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that may mean in substandard housing, limited educational |
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opportunities, exposure to crime and drugs, and other serious |
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disadvantages. Furthermore, in many cases non-payment of child |
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support is a direct cause of a family going on welfare. |
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In recent years, Congress has tried to strengthen child |
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support enforcement by giving the Federal Government new tools |
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for tracking down and prosecuting deadbeat parents. Since |
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approximately a quarter of all unpaid child support is owed by |
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parents who have fled across State lines to avoid State child |
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support enforcement efforts, the Child Support Recovery Act of |
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1992 made it a Federal misdemeanor for deadbeats to flee to |
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another State to avoid paying their child support obligations. |
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The Deadbeat Parents Act of 1998 upgraded the crime to a |
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Federal felony charge. |
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In addition, the Welfare Reform Act of 1996 imposed strict |
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child support obligations on non-custodial parents, and created |
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new national data bases to establish parentage and track down |
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deadbeat parents across State lines. The Welfare Reform Act |
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also included an amendment I authored to suspend food stamp |
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assistance to deadbeat parents. |
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Primarily the brainchild of two offices within the |
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Department of HHS, the Inspector General's Office and Child |
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Support Enforcement Office, Project Save Our Children aims to |
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get maximum leverage from these new law enforcement tools by |
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combining the Child Support Enforcement expertise of Federal |
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agencies, such as HHS, Department of Justice, FBI, and U.S. |
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Marshals, together with State and local enforcement agencies, |
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into a single integrated task force. |
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And, in 1998 a demonstration project was conducted in |
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Illinois, Michigan, and Ohio. Based on the results of the |
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demonstration, HHS plans to expand Project Save Our Children |
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into four new regions covering a total of 17 States in fiscal |
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year 1999. |
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I believe that this committee's oversight efforts can make |
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a difference in the lives of everyday Americans. It can help |
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lift women and children from the risk of poverty, and provide |
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them with a brighter, more promising future, and for this |
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reason, I am holding a hearing to highlight the new program to |
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track down and prosecute deadbeat parents. If this committee, |
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by focusing attention on this national crisis, can encourage |
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one deadbeat parent to pay up, then I believe the hearing has |
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been a success, and worthy of our time and effort here today. |
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We will hear testimony of members of families who have |
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suffered from the failure of non-custodial parents to provide |
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child support and who have, subsequently, been able to locate |
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and force their ex-spouses to pay up as a result of Project |
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Save Our Children's multi-agency approach. We will also receive |
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testimony from the two offices within the Department of HHS |
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that are responsible for the creation of the program, as well |
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as from State and local officials responsible for child support |
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enforcement. |
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Project Save Our Children is at a critical juncture, poised |
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to expand from a small demonstration program into a large 17- |
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State program with five regional centers. At the end of the |
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hearing, I hope we have a better sense of how well the program |
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is working, what needs to be improved, and what further |
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oversight might be required in order to ensure that deadbeat |
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parents pay their fair share to support their kids, and keep |
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their families off welfare. |
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I welcome all the witnesses that we have today and I yield, |
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at this time, to the ranking member of the subcommittee, Mr. |
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Klink from Pennsylvania. |
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Mr. Klink. I thank my friend, the chairman, for having this |
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hearing. Well, let me start off by saying straightforward that |
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the minority is joining the majority very much in opposing |
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deadbeat dads. They don't think it is a good idea, and we would |
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like to stop it. And, we similarly are against deadbeat moms. |
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As Democrats, we are against anyone that fails to do anything |
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that they are legally obligated to do in caring for a child |
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that they have played a role in bringing into this world. |
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After all, the emphasis on expanding Federal resources to |
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find deadbeat parents came from our party. It was President |
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Clinton in 1996 in the Welfare Reform Act to increase the |
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penalties for parents who didn't pay child support, and it was |
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the President in 1998 who made leaving a State to avoid paying |
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child support a felony under Federal law. And, it was the |
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President again who pushed for greater automation of State and |
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Federal data bases in 1996, and the new national directories of |
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new hires, so that deadbeat parents could be easier to locate. |
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And, they have been easier to locate; 1 million of them have |
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been located. |
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Collecting child support payments for welfare families is |
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particularly important, so that they are not completely without |
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support when they reach the end of their welfare payments. In |
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1996, only 13 percent of welfare families received at least one |
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support payment. The process can be an arduous one, requiring |
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court-issued support orders, warrants, investigative work to |
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find a non-custodial parent, and a process to actually collect |
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some money. This can take a great deal of personal and public |
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resources. |
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A very modest $5 million is in the fiscal year 2000 budget |
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to support 95 new paralegals in the U.S. Attorney's Office to |
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do investigations. We know that is not nearly enough. |
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Some of those victimized by deadbeat parents are before us |
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today, and they are going to tell us their very personal |
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stories of dealing with the system. And, we thank you for being |
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here because we know this is not something that is easy for you |
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to do. |
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But, I want to say something else. We don't want this to be |
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a deadbeat hearing. And, I say this because we think that we |
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have to have a hearing that can bring all parties together. And |
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we, in the minority, would like to work closer with the |
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majority in making sure that the witnesses that need to be here |
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are here. |
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And, I hope that you are sitting out there listening to |
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this and say, ``Oh, no, here we go with partisan rancor.'' That |
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is not what this is about. We want to be bipartisan. Fred Upton |
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is my friend; Tom Bliley is my friend. But, we want to be |
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included in making sure that the people are here at these |
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hearings that can give us answers to these problems. |
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Last Wednesday at 4:30, the minority received notice that |
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the majority had scheduled an oversight hearing on welfare |
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reform and deadbeat dads. Up to that point, this hearing was |
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not on our radar screen. We were told very frankly that the |
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majority did not intend to investigate the program before they |
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went into the hearing room, that this was going to be a ``feel |
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good'' hearing. The most informative document that the minority |
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has received from the majority came from an article in |
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Government Executive magazine, which I will attach to my |
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statement. That is the extent, as far as we know, of the |
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investigation. |
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The minority staff was given just 6 days, if you include |
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both Saturday and Sunday, to gain knowledge of the overall |
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child support enforcement program and what its problems were. |
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And, as you know, it is a multi-billion dollar program with |
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almost 20 million outstanding cases. It didn't take too long to |
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figure out that there were at least six concerns that we, in |
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the minority, think that we should look at. And, I just want to |
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bring this to the attention of our friends. |
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First, despite all of the hype about these being Federal |
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crimes, the Department of Justice and the Federal Bureau of |
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Investigation have not been doing the investigative work |
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necessary to bring large numbers of child support cases to |
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closure. Since at least 1996, they have been giving most of the |
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work to the Inspector General's Office at the Department of |
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Health and Human Services, claiming a lack of resources. Now, |
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whether this is true or not, or whether the FBI just wasn't |
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interested in what could be considered low-profile cases, |
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mostly misdemeanor cases, we don't know. We would like the |
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answer to that. What we do know is that the majority did not |
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ask for a witness from these agencies until we prodded them. |
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Not surprisingly, Monday night was too late to get those |
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witnesses here. Now, the subcommittee can review the |
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enforcement of Federal criminal statutes without hearing from |
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the FBI and Justice. We don't know how that can be done. |
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Second, as the witnesses before us will testify, U.S. |
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attorneys, and State and local prosecutors and judges have not |
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been very interested in pursuing these cases, even when they |
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are State or Federal crimes. By March 1998, the U.S. attorneys |
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had filed only 560 criminal cases and 1,266 convictions. We do |
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not know that the U.S. attorney--or we do know, rather, that |
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the U.S. attorney took a sudden interest when Attorney General |
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Reno made those cases part of their performance review. But, |
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the numbers are still too low. |
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State prosecutors have not been any better. One of our |
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witnesses today will testify to only a 5 percent success rate |
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in serving warrants. I can't imagine what the prosecution |
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success rate was, but the prosecutors are not here to tell us. |
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Third, the States have not been particularly good at |
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collecting and automating the data necessary to find deadbeat |
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parents and getting the money collected back to families. |
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Michigan is one of those States that still does not have a |
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certified system, even though the deadline was 15 months ago. |
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It can take as long as 6 months after a family goes off welfare |
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to get their child support payments from the State. Some |
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advocates think that a central Federal data base is necessary. |
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Fourth, task forces focusing on individual high-profile |
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cases may mean less resources for children whose parents aren't |
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as wealthy but need the money just as badly. What is the cost- |
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benefit analysis? What happens to those routine cases that |
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don't generate any press? Fortunately, the minority staff, |
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yesterday, located Vicki Turetsky of the Center for Law and |
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Social Policy, who graciously agreed to address these systemic |
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issues. |
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Fifth, the States are short on resources, and getting fewer |
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and fewer for more and more cases, many of which are not |
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involving welfare families. Where are the additional resources |
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going to come from? We still don't know. |
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Sixth, the Inspector General, which is not supposed to be a |
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day-to-day primary law enforcement agency, but a reviewer of |
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the effectiveness of the agency's programs and a protector of |
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the taxpayers' dollars, has used this program to get authority |
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from the Justice Department for its special agents to carry |
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guns, beat down doors, and make arrests, even in cases that do |
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not involve a single Federal dollar. |
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It started with a 1-year grant of authority in 1996 and it |
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continues to this day. The Inspector General does not, and |
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should not, have the resources to replace effective law |
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enforcement agencies. |
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In Michigan, the task force is looking at 338 referrals out |
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of a million State cases. This is not going to solve Michigan's |
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problem, nor can the IG be a disinterested evaluator of a |
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Federal program when it is one of the implementors and the |
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beneficiaries of that program. We are not convinced that this |
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is a continuing role that is necessary or useful. |
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The General Accounting Office also has done work on child |
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support enforcement. GAO issued a report in August of last year |
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entitled, ``Welfare Reform, Child Support, an Uncertain Income |
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Supplement for Families Leaving Welfare,'' which I also have |
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attached to my opening statement. |
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GAO specifically looked at the State of Virginia and it was |
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not a positive review. Families were being pushed off welfare |
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before any effort has been made to recover their child support |
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payments. But GAO wasn't invited to testify either. I ask |
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unanimous consent to insert this report into the record. |
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[The report, GAO/HEHS-98-168, is retained in subcommittee |
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files.] |
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Mr. Klink. Mr. Chairman, some subcommittees routinely do |
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``feel good'' hearings, but that has not been the historic role |
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of this subcommittee. Our hearings should be the culmination of |
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extensive interviews, of field work, of document review, to |
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determine what the problem is and what needs to be done to fix |
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it. We should uncover new facts and help solve serious public |
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policy problems, and I don't think that, as of yet, we have |
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learned to follow that model. And, we would like to do that |
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with you, and I think that we can have a great working |
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relationship in doing that. |
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What we have today, I fear, is kind of a ready-fire-aim |
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approach to the investigations, and I think it makes us look a |
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little unprepared. The issue of how custodial parents get child |
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support, what they are due, is too important to be conducted in |
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what I would call a quick or slip-shod manner if we want to be |
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effective. We don't think it is necessary to do 1-week wonder |
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hearings. We would like to take time to work together with the |
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majority to make sure that we are really ready to take on these |
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issues. |
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And, I want to, again, thank the majority for the fact that |
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they realize that this is an important issue. But it is an |
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issue that we want to work with you on, want to make sure that |
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we have all the information and all the witnesses before we get |
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here to the hearings. |
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With that, Mr. Chairman, I yield back my time. |
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Mr. Upton. The gentleman's time has expired. The gentleman |
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from Virginia, the chairman of the full committee and member of |
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the subcommittee is recognized. |
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Mr. Bliley. Mr. Chairman, I applaud you for holding this |
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hearing today on the implementation of a new joint Federal, |
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State, local child support enforcement program called ``Project |
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Save Our Children.'' The need to crack down on deadbeat parents |
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is evidenced by the fact that one-third of unpaid child support |
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obligations is owed by parents that fled across State lines to |
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avoid child support enforcement efforts. |
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Project Save Our Children grew out of the Responsibility |
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and Work Opportunity Reconciliation Act, commonly known as the |
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welfare reform bill. If welfare reform is going to continue its |
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success in getting families off welfare, improved enforcement |
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of child support obligations is a necessary component. |
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According to the Department of Health and Human Services, |
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single parents who are owed outstanding child support are more |
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than twice as likely as other parents to live in poverty and |
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non-payment is a direct cause of welfare dependency in many |
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cases. |
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The Project Save Our Children task force identifies, |
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locates, tracks down, and prosecutes the most egregious |
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deadbeat parents in order to make them pay their child support |
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obligations. The task force is credited with 185 arrests and |
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more than $4 million in direct restitution in a three-State |
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demonstration project conducted last year. The Department of |
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Health and Human Services plans to extend this program into |
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four new regions to cover 17 States, making this an excellent |
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time to review how the program has worked to date by listening |
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to those who have been a part of it. |
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I would like to welcome all of our panelists here today to |
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testify. I would especially like to welcome Nick Young, the |
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Director of Child Support Division for the Commonwealth of |
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Virginia, along with Diana Daffron and Jeannine Heckman, also |
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from the Commonwealth. I thank you for coming here today and |
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sharing your stories with us. Thank you, Mr. Chairman. |
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Mr. Upton. Thank you, Mr. Chairman. At this point, I do |
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want to put into the record by unanimous consent, a statement |
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by Mr. Michael Bilirakis, though not a member of this |
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subcommittee, an important member of the committee who has |
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worked long and hard for many years on cracking down on |
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deadbeat parents, and sadly, he is at another hearing and |
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dealing with veterans, which demanded his attendance. So, I |
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would ask unanimous consent to put his statement in for the |
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record. |
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Mr. Klink. Mr. Chairman, we obviously have no objections, |
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and we would ask that maybe we hold the record open at this |
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point for statements from members on either side. |
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[The prepared statement of Hon. Michael Bilirakis follows:] |
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Prepared Statement of Hon. Michael Bilirakis, a Representative in |
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Congress from the State of Florida |
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Mr. Chairman, I want to commend you for holding this hearing to |
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address the critical issue of ``deadbeat parents.'' It is unfortunate |
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that we have to address concerns arising from parents who fail to meet |
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their obligations to their children, financial or otherwise. Child |
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support enforcement is one area which urgently needs to be addressed. |
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Our nation's system for enforcing child support orders has failed |
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miserably. As you know, in the United States child support has |
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historically been governed entirely by state law and enforced through |
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state courts. State agencies provide free enforcement services to |
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families on welfare and also assist non-welfare families by providing |
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low-cost services. Unfortunately, however, State agencies have had an |
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abysmal track record. These agencies establish paternity in less than |
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half of the necessary cases. Even worse, less than 21 percent of these |
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cases result in collection of any support during the year. |
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In addition, the time involved processing cases is extensive. |
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Typically, parents have to wait more than six months to obtain a |
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support order. If that were not bad enough, most of those parents have |
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to wait more than a month to receive the first payment. |
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Mr. Chairman, we must recognize that any delinquency in child |
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support ultimately hurts innocent children. Individuals who neglect |
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their parental obligations simply transfer the costs to the rest of |
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society. They should not be rewarded for such action. |
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That is why I will reintroduce the ``Subsidy Termination for |
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Overdue Payments,'' or the ``STOP'' Act. This legislation would deny a |
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broad range of federal benefits to individuals who willfully refuse to |
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pay child support. |
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Specifically, my bill would require applicants for federal |
|
financial assistance to certify that they are not more than 60 days |
|
delinquent in the payment of child support. If they are delinquent, |
|
they must be in compliance with the terms of an approved repayment |
|
agreement. |
|
The intent of my legislation is two-fold: first, to encourage |
|
payment of child support; and second, to preclude the use of federal |
|
taxpayers' dollars to assist individuals who neglect their children. |
|
Under my bill, the federal agency involved is not required to |
|
research the applicant's status. Rather, an applicant for federal |
|
assistance must make a simple affirmative statement of compliance. The |
|
requirement will be enforced through existing provisions of federal law |
|
which establish penalties for fraud in obtaining federal financial |
|
assistance. |
|
My legislation includes a ``good cause'' exception to avoid |
|
penalizing parents when they are unable to satisfy their child support |
|
obligations due to factors beyond their control. This exception is |
|
necessary to avoid punishing parents when, despite good faith efforts, |
|
they are unable to modify the terms of their child support obligations. |
|
Finally, the STOP Act emphasizes that child support payments are a |
|
fundamental civic responsibility. Passage of the STOP Act will |
|
guarantee that individuals who fail to satisfy their most basic |
|
parental obligations are not rewarded for such action. |
|
Mr. Chairman, the need for action on this matter is imperative. |
|
``Deadbeat parents'' should not receive federal assistance when they |
|
ignore their fundamental responsibility to their children. It is my |
|
hope that the STOP Act will be one step toward strengthening the |
|
enforcement of child support payments. |
|
|
|
Mr. Upton. Without objection. All members will be allowed |
|
to do that. |
|
At this point, I would recognize the member from Iowa, Mr. |
|
Ganske. |
|
Mr. Ganske. No comments. Thank you, Mr. Chairman. |
|
Mr. Upton. And then, the gentleman from California, Mr. |
|
Bilbray. |
|
Mr. Bilbray. Mr. Chairman, I will have a written statement |
|
presented to your office. |
|
I would just like to say that I want to commend you for |
|
having this hearing. Last year there was a lot of concerns and |
|
complaints about the fact that this committee was not |
|
addressing the issues that affect human beings outside of the |
|
Beltway, those issues that people were personally concerned |
|
about and were having effects on individual lives across this |
|
country. I want to commend you for having this hearing, because |
|
I think this is one of those issues that people want addressed |
|
because it does affect real, live, breathing people, men and |
|
women that basically want us to address this concern. And, I |
|
want to commend you for having this hearing. |
|
I would ask you that maybe we should have had it 2 or 3 |
|
weeks ago, but we are moving as quickly as we can to try to |
|
handle this issue fairly and appropriately. And, I want to |
|
thank you for having that, and I think this will give a chance |
|
for the individuals today to articulate their concerns and ask |
|
us to take action to address the problem. |
|
I yield back, Mr. Chairman. |
|
Mr. Upton. Thank you, Mr. Bilbray. |
|
At this point, we are ready for our panel. Ms. |
|
Kryskowski,--did I do, okay?--Ms. Daffron, and Ms. Heckman. You |
|
are aware that this subcommittee is an investigative |
|
subcommittee, and as such, we have always had the practice of |
|
taking testimony under oath. Do you have any objection to that |
|
practice? |
|
Ms. Kryskowski. No. |
|
Ms. Daffron. No. |
|
Ms. Heckman. No. |
|
Mr. Upton. The Chair, then, advises each of you that under |
|
the rules of the house and the rules of the committee, you are |
|
entitled to be advised by counsel. Do you have any desire to be |
|
advised by counsel during your testimony today? |
|
Ms. Kryskowski. No. |
|
Ms. Daffron. No. |
|
Ms. Heckman. No. |
|
Mr. Upton. In that case, if you would rise and raise your |
|
right hand, I will swear you in. |
|
[Witnesses sworn.] |
|
Mr. Upton. Thank you. At this point, we are ready for the |
|
testimony and I think we will start with you, Ms. Daffron, go |
|
to Ms. Heckman, and Kryskowski and your statement will be made |
|
part of the record in its entirety. |
|
|
|
TESTIMONY OF DIANA L. DAFFRON, CHANTILLY, VIRGINIA; JEANNINE |
|
HECKMAN, FAIRFAX, VIRGINIA; AND RENATA KRYSKOWSKI, DETROIT, |
|
MICHIGAN |
|
|
|
Ms. Daffron. Okay. |
|
Mr. Upton. And, we'd like to operate under the 5-minute |
|
rule. So, in 5 minutes, I may hit this gavel so we can proceed |
|
with questions and maintain an orderly fashion. Thank you. |
|
Ms. Daffron. I don't know how close--is this all right? |
|
Mr. Upton. Why don't you get just a little bit closer, yes. |
|
Ms. Daffron. My name is Diana Daffron and I waited for over |
|
8 years for my ex-husband, John Thomas Mosher, to be held |
|
accountable for his non-payment of child support. On February |
|
2, 1999, he was found guilty on felony charges for non-payment |
|
of child support. The amount he owes exceeds $100,000. Our |
|
original support order was entered into the family court in |
|
Fairfax County for $180 per week in May 1989. Payments were |
|
either inconsistent or missing. The payments totally stopped in |
|
June 1990. He was jailed in June 1990, but it didn't make any |
|
difference. He still did not pay. |
|
In the last support order in April 1991, he was ordered to |
|
pay $800 per month plus the arrearage for our three children. |
|
Month by month went by and I received nothing. Not only was I |
|
not receiving child support, I did not have a home for my |
|
children. John Mosher and I separated in April 1989, and in |
|
June 1989, he came into our home and assaulted me by choking |
|
me. Consequently, I did not feel safe living in our ground- |
|
floor condo because I knew John could easily get in. |
|
So, for the next 2 years, my children and I lived with |
|
family and friends until I was able to obtain public housing in |
|
February 1991. Prior to receiving public housing, I contacted |
|
the Division of Child Support Enforcement in August 1990. They |
|
were also unable to find John. |
|
In August 1991, I began receiving public assistance in the |
|
form of welfare checks and food stamps. During this time, John |
|
Mosher was placed on the Virginia ten most wanted deadbeat dad |
|
list. I continued to receive public housing and assistance |
|
until I remarried in June 1994. |
|
John T. Mosher contacted the Division of Child Support |
|
Enforcement in September 1994 to see if he still had a child |
|
support obligation. He was picked up and jailed again for 365 |
|
days. He was placed on work release, during which time I |
|
received nominal payments. He was released early in April 1995 |
|
and fled the State. |
|
Until the Federal law was passed to make it a felony in |
|
June 1998, there really wasn't any law to hold him accountable, |
|
while living in another State, to a higher degree. I did locate |
|
John Mosher in Galveston, Texas through an Internet source. |
|
Once I received the address, I contacted Phyllis Cooke of the |
|
Division of Child Support Enforcement, and she contacted Texas. |
|
The Federal agents finally located his employer in July 1998. |
|
Subsequently, he was charged and brought to trial. Since his |
|
arrest in 1998, I have again received partial support payments. |
|
I am not going to talk about my humiliation and embarrassment |
|
of having not received the child support, but having to go on |
|
welfare. |
|
I asked my 15-year-old daughter to write her feelings down |
|
because she was 7 at the time when we went on welfare, and this |
|
is what she said, ``I feel that we need stronger consequences |
|
for child support offenders, because my dad or my father never |
|
paid child support. Because we did not have child support, my |
|
mom had to go on welfare. People would send us hand-me-down |
|
clothes and shoes because we were poor. While people were |
|
shopping for back-to-school clothes, we had to wear old |
|
clothes. It was really embarrassing to have to wear old |
|
clothes. At Christmas, we didn't have that many presents. It's |
|
a parent's duty to provide for their children. The law has to |
|
be strongly enforced.'' And that was stated by my daughter, |
|
Michelle Mosher. |
|
That's the end of my testimony. |
|
Mr. Upton. Thank you. |
|
Ms. Heckman. |
|
|
|
TESTIMONY OF JEANNINE HECKMAN |
|
|
|
Ms. Heckman. I just wanted to list a few of the issues that |
|
I felt were important: difficulties in obtaining case |
|
information from the County Child Support Enforcement Agency as |
|
the custodial parent, and some security issues; non-custodial |
|
parents relocating and changing professions; resources and |
|
background investigations; and financial burdens. |
|
My name is Jeannine Heckman and I was married for 9 years |
|
to a U.S. Marine military police officer, who also worked for |
|
the Criminal Investigating Department, Naval Investigative |
|
Services, and Immigration and Naturalization Services. We were |
|
divorced in 1987 in Honolulu, Hawaii. At the time, my daughter |
|
was 9 and my son was 6. The courts ordered my ex-husband to pay |
|
$220 per child per month, and provide health insurance. |
|
In 1992, my children went to visit their father who had |
|
moved to California, at which time their father decided to stop |
|
paying child support. When my son returned in September, my ex- |
|
husband arbitrarily decided he would not be sending any child |
|
support because one child was residing with him and the other |
|
with me. He said no money would exchange hands. |
|
I contacted the Child Support Enforcement Agency in |
|
Stafford County and opened up a case. They told me, ``If you |
|
want to check on the status of your case, you must do so in |
|
writing or make an appointment with your case worker.'' So, |
|
weekly for about 2 months, and then every couple of weeks for |
|
over a year, I would either go down to the agency or write a |
|
letter requesting the status of my case. The most I learned was |
|
that the Child Support Enforcement Agency notified my husband |
|
that he owed child support. |
|
In 1996, I called the Child Support Enforcement Agency to |
|
have my case transferred to Fairfax County. Stafford County |
|
Child Support Enforcement Agency told me the case had been |
|
closed. At my insistence, they reopened it. On 19 March 1996, |
|
my ex-husband's wife called Stafford County Child Support |
|
Enforcement Agency and posed as an out-of-State case worker, |
|
and Ann Riley, the case worker assigned to my case, gave her |
|
the information she requested. |
|
Between 1987 and the present, my ex-husband moved from |
|
Kailua, Hawaii to four or five different places in California |
|
and back to two different places in Hawaii, each time causing |
|
the process to be reinitiated in each jurisdiction. |
|
Third of May 1996, my ex-husband called to inform me that |
|
he had resigned from Immigration and Naturalization Services |
|
and I would not be receiving child support. He also said I |
|
would not be able to find him. He refused to give me an |
|
emergency phone number or address. |
|
My current husband advised me that Federal law had recently |
|
been enacted concerning deadbeat parents. I then contacted the |
|
U.S. Attorney's Office. I sent three certified copies of the |
|
court order to Donna Schnaible in the Personnel Office of INS |
|
in California. It was too late. He withdrew his pension and |
|
left. I spoke to Anselmo Abramsen, a supervisor at INS in |
|
Honolulu who refused to give me any information. |
|
In May 1996, my ex-husband started a scuba diving business. |
|
He obtained a dive boat for the purpose of providing diving |
|
lessons. He also gave underwater guided tours of shipwrecks in |
|
Hawaii and did underwater photography. On October 7, 1997, the |
|
U.S. Marshal's Office arrested him as he pulled his boat into |
|
the dock. My ex-husband told the court that he couldn't afford |
|
to pay. I was advised that the government did not have the |
|
manpower to investigate his financial situation. In May 1998, |
|
my ex-husband was sentenced to pay $100 a month for the next 5 |
|
years on a $16,000 arrearage plus current support of $220 a |
|
month. Subsequent to this, I found out my ex-husband is |
|
collecting 70 percent disability from the Marine Corps and |
|
going to school full time on VA benefits. |
|
The financial burden this has caused ranges from no health |
|
insurance coverage, resulting in large out-of-pocket expenses, |
|
to taking time off work to run around to the Child Support |
|
Enforcement Agency and help process paperwork. I didn't have |
|
the money to pay for after-school care and my son became a |
|
latchkey kid. This doesn't even begin to touch upon the |
|
emotional issues that developed because a father decides to |
|
break contact with his children, resulting in fees for |
|
psychotherapy. |
|
Mr. Upton. Thank you. |
|
Ms. Kryskowski. |
|
|
|
TESTIMONY OF RENATA KRYSKOWSKI |
|
|
|
Ms. Kryskowski. Okay, is this on? |
|
Mr. Upton. Yes, I think all the mics are alive. |
|
Ms. Kryskowski. Okay. Ladies and gentlemen of the---- |
|
Mr. Upton. You need to pull it just a little bit closer. |
|
Pull it down, bend it. There you go. |
|
Ms. Kryskowski. Now, can you hear me? |
|
Mr. Upton. Yes, that's correct. Thanks. |
|
Ms. Kryskowski. Ladies and gentlemen of the committee and |
|
guests, I would like to thank you for the opportunity to share |
|
our stories with you. I wish to thank my employer, First State |
|
Bank, for allowing me the time to come and to all involved in |
|
bringing us to Washington, DC. |
|
My husband, Steve, and I spent many years trying to get the |
|
child support for Vanessa that was ordered by my ex-husband |
|
when I divorced. I have been through a referee, show causes, |
|
and many other types of meetings. With every meeting, every |
|
hearing we attended, our goal was to have Vanessa's case |
|
reviewed, to allow the Wayne County friend of the court and |
|
others to see how important it was that Vanessa receive the |
|
support that she was due, that she needed. |
|
There were so many dead-ends, because every time it |
|
appeared it appeared we may get the support, Vanessa's real |
|
father would file bankruptcy. The Wayne County friend of the |
|
court's hands appeared to be tied because each hearing he would |
|
provide evidence that he wasn't working. |
|
In 1996, I received a call from a Mary Kedzior, a lawyer |
|
affiliated with the friend of the court or the Wayne County |
|
friend of the court. It was through her work that Vanessa's |
|
case was heard by the judge for the very first time. At the end |
|
of the case, Vanessa did receive a portion of her back child |
|
support, ordered by the judge, not of her father's free will. |
|
The court ordered for her father to pay his support obligation |
|
from that point forward. Vanessa's father never did comply to |
|
the judge's order after that, and rather than giving the |
|
support that would have been used to assist Vanessa with her |
|
condition. |
|
We continue to have struggles to meet the needs of |
|
Vanessa's condition, her needs as a child, and needs of a |
|
normal family life. In August 1998, I received a call from an |
|
Investigator Deputy Don Skidmore. He told me he was assigned to |
|
work with the multi-child support, the Michigan Child Support |
|
Multi-Agency investigative team, a new task force with a |
|
criminal action against delinquent non-paying parents. He |
|
wanted to help investigate regarding my daughter, Vanessa. This |
|
was the news we had been waiting for. I couldn't believe this |
|
was going to be it; that maybe somebody could help when |
|
everything else failed. I had heard a month earlier about the |
|
task force, but never thought Vanessa's case would be heard so |
|
soon. |
|
Deputy Skidmore, Don, has worked real hard on this case. It |
|
took many countless hours of investigating. Don along with the |
|
agent in charge of the task force, Scott Vantrease, and others |
|
have done a great job. They all have been very informative |
|
every step of the way, and helped me understand each |
|
requirement; worked to get me to every hearing, as well as have |
|
me kept up-to-date with information in the case. |
|
I then was introduced to a lawyer named Karen Plants with |
|
the Wayne County prosecutor's office. She helped Vanessa's case |
|
get to the second stage of the courts. She has done a great job |
|
getting the courts to understand how important this case is, |
|
and to her at the Wayne County's prosecutor's office, I would |
|
like to say ``thank you.'' |
|
The criminal case with Vanessa's father is still in |
|
litigation, but closer than ever before. We are hoping, by |
|
coming here today and sharing our stories, that it could |
|
encourage others and show that there is a different way we can |
|
address delinquent parents who owe child support and scoff at |
|
the system, in a way which allows our kids not to have to go |
|
through the pain of growing up wondering why one of her parents |
|
don't seem to care. |
|
We, as adults, never talk about how our children feel. We |
|
never help our children understand that this is an obligation |
|
that no court should have to order, so that they grow up the |
|
better way. As a society, we are just realizing that our kids |
|
are going through that they never received the support that |
|
they deserve and need. |
|
Mr. Upton. Thank you. Thank you all for your very personal |
|
story in a very public light. All of us appreciate that very |
|
much. I have a couple of questions I would like to ask and we |
|
will trade questions among the members that are here. |
|
Ms. Daffron, you indicated that you were able to get |
|
Virginia's attention, when it all of a sudden became on the |
|
ten-most-wanted list. Do you know what triggered that? |
|
Ms. Daffron. The amount of money he owed. And, I called |
|
consistently asking about my case. So, my case was in the |
|
forefront. He owed a lot of money. The case worker--I don't |
|
remember who it was at that time--but she was very diligent in |
|
trying to find him, and running monthly--I guess, running his |
|
Social Security number monthly through their system, whatever |
|
system they use. And so, because I called so often and went in |
|
so often---- |
|
Mr. Upton. The squeaky wheel. |
|
Ms. Daffron. That's it. |
|
Mr. Upton. Do you remember about what the threshold was, |
|
about what was the amount of money that was owed when he was |
|
placed on the ten-most-wanted list? |
|
Ms. Daffron. I think it was about $70,000. |
|
Mr. Upton. Okay. Ms. Heckman, was it told to you when you |
|
were working with your State, did they ever tell you why it had |
|
been closed when, in fact, you weren't getting payments? |
|
Ms. Heckman. No, they did not give me a reason. They just |
|
said there was no activity. And I had been calling and calling |
|
and writing. And, when I found out that other people were able |
|
to get information with a phone call, I was appalled. And, you |
|
know, they did reopen the case, but that was only because I had |
|
asked to have it transferred. And, that's when they discovered |
|
it had been closed. |
|
Mr. Upton. And, are you getting money today? |
|
Ms. Heckman. Yes. The arrearage is $16,000 and he is paying |
|
$100 of that each month. |
|
Mr. Upton. So, it is coming in? |
|
Ms. Heckman. It is coming in. |
|
Mr. Upton. When you learned that he was getting a 70 |
|
percent disability from the VA, are you aware, is that able to |
|
be garnished at all or not? |
|
Ms. Heckman. Well, I just learned of that recently. When he |
|
had gone into court, they established that he only was taking |
|
in, either, 10 or 30 percent. So, I was told that what we |
|
should do is go back into the system and see if we can have |
|
that increased. In 5 years, when his obligation is up for |
|
payment, he will have only paid back $6,000 of the arrearage. |
|
He is also paying $220 a month, which is the same amount he was |
|
ordered to pay since 1987. |
|
Mr. Upton. Thank you. |
|
Ms. Kryskowski, you indicated that your case is now in |
|
litigation. Do you have a sense of when that will be concluded? |
|
Ms. Kryskowski. Well, so far it has been going on for about |
|
4 months, and I am not sure where it is going to be ending |
|
soon. He is supposed to appear in court in March. You know, at |
|
this point, it is still in litigation. I don't know what more I |
|
can do other than just wait until I have been--you know, |
|
through my lawyers, or my lawyer, what else I need to do if it |
|
is going to go in a different direction. |
|
Mr. Upton. Now, the person that you give most credit for |
|
helping you out, Mr. Skidmore, who is going to be testifying a |
|
little bit later this morning--do you know what the threshold |
|
was that prompted him to call you to see if he could be |
|
helpful? |
|
Ms. Kryskowski. Well, probably because of the fact that I |
|
kept on going down there countless times and letting them know |
|
that my daughter needed assistance. And, in 1988, my daughter |
|
was a United Way poster child, and I had given them a brochure |
|
at that point. Mary Kedzior was always aware of it, and I'm |
|
sure at that time when she was part of this in 1996, that she |
|
gave the same information to Mr. Skidmore and he took it from |
|
there. So far it has been great. We are still, like I said, in |
|
litigation, and we're looking forward to, hopefully, having an |
|
end. |
|
Mr. Upton. In terms of each of you, if you think about |
|
this, if each of you had some success in reaching out and |
|
seeing some accomplishment come about, how is it--you have a |
|
network of folks in your community that you are able to reach |
|
out that has provided some hope that this is working? What type |
|
of reaction do you have from friends or peers that are in the |
|
same type of situation? Have you had any experience with that? |
|
Has your success story been parlayed into others looking for |
|
the same type of hope? |
|
Ms. Heckman. It seems that you have to exhaust the system |
|
at the State level before you can get help from the Federal. |
|
You just feel very fortunate that you have made it to that |
|
point. When this first started out, you know, we were told, |
|
``Oh, you won't see the money for years.'' You know, that was |
|
the consensus. I am grateful that it was pushed to the Federal |
|
point where they stepped in and they took control of the |
|
situation and brought it to this point. |
|
Mr. Upton. My time has expired. Mr. Klink. |
|
Mr. Klink. Thank you, Mr. Chairman. First of all, Ms. |
|
Heckman, was your case handled at all by the State Federal task |
|
force? Did they play any role at all in your case? |
|
Ms. Heckman. From 1992 to 1996, it was run by Stafford |
|
County and then transferred to Fairfax County. |
|
Mr. Klink. So there was no Federal role in that at all? |
|
Ms. Heckman. Not in--the Federal role was started when I |
|
contacted the U.S. Attorney's office in, like I think it was, |
|
March 1996. |
|
Mr. Klink. It still predates the task force? |
|
Ms. Heckman. Right. Yes, so they---- |
|
Mr. Klink. A Federal role, but it wasn't really the task |
|
force? |
|
Ms. Heckman. Correct. |
|
Mr. Klink. Ms. Daffron, how about your case? Was the new |
|
Federal State task force--did it have any role at all in your-- |
|
-- |
|
Ms. Daffron. That I'm not sure. But I do know that they |
|
could not do anything with my case until it was proven that he |
|
was out of State. And that was never proven until I found his |
|
address through the Internet. |
|
Mr. Klink. Well, all of you have at least had some--have |
|
gone through a State enforcement program. Let me start with |
|
you, Ms. Kryskowski. Do you believe that child support |
|
agencies, prosecutors, judges are committed to doing all they |
|
can do to help people that are having child support problems |
|
like you were having? |
|
Ms. Kryskowski. Well, I think that some responsibility |
|
falls on somewhere in the chain of command like that because I |
|
have tried everything. |
|
Mr. Klink. But did you find a level of commitment that was |
|
satisfactory within the system, within the State system? |
|
Ms. Kryskowski. Meaning, like, what I'm doing now? |
|
Mr. Klink. No, no, no, no. Did you find the help that was |
|
necessary for you? Were they dedicated to solving your problem? |
|
Prosecutors, the agencies, were they fully dedicated to---- |
|
Ms. Kryskowski. Now that we have the new task force, yes. |
|
But before that, it seemed like their hands were tied. They |
|
didn't have enough help or enough people to get involved. You |
|
know, where it is right now, you are able to investigate and |
|
look into it, where I can't--I'm not able to do that. I have no |
|
contact with him at all. |
|
Mr. Klink. So, it really wasn't a problem of their lack of |
|
dedication to help you. It was a resource problem at the State |
|
level. Is that what you ran into? They just didn't have enough |
|
resources to pursue---- |
|
Ms. Kryskowski. Well, with him--resources in the sense of |
|
people? |
|
Mr. Klink. People, money. |
|
Ms. Kryskowski. Possibly. That could be what it could have |
|
been, yes. |
|
Mr. Klink. Ms. Daffron, what is your history? Do you think |
|
that the support agencies and the judges and the prosecutors |
|
give as high a priority to this; is that your experience? |
|
Ms. Daffron. The people I have dealt with have--have given |
|
as high a priority as they can. But, my problem with this State |
|
is that the laws are not stricter at the State level. And, if |
|
they were stricter, I think the consequence is greater--I'm not |
|
sure how great they can get at the State level. But, I don't |
|
think it would have gone on so long. I mean, he was out of the |
|
country. There is nothing to stop him from going out of the |
|
country, nothing really in place. And I think the laws at the |
|
State level need to be stricter. |
|
Mr. Klink. So, the State really didn't have the ability, I |
|
would suppose, to pursue him around the world or to other |
|
States? |
|
Ms. Daffron. Unfortunately, no. And, they couldn't even |
|
find him within the United States. I am the one who found him |
|
through an Internet resource with his Social Security number. |
|
And, I was told that they don't have that resource available to |
|
them. |
|
Mr. Klink. Are you a trained investigator? |
|
Ms. Daffron. No. |
|
Mr. Klink. But using a very simple technique, using common |
|
sense and a computer, you were able to do something---- |
|
Ms. Daffron. For $35, I paid somebody to do a search on his |
|
Social Security number. |
|
Mr. Klink. Amazing, and yet the State agency was not able |
|
to do that? |
|
Ms. Daffron. No, it's sad. |
|
Mr. Klink. That's amazing. |
|
Ms. Heckman. |
|
Ms. Heckman. I think the caseload that the States are |
|
working with is outrageous. You know, when I went into the |
|
caseworker's office to find out if he had responded to their |
|
certified letter, I walked in and she had a stack of papers on |
|
the floor about 18 inches high, another stack on her desk, and |
|
she was searching through that for the return of the certified |
|
letter. And, I thought, ``it's like a needle in a haystack.'' |
|
Mr. Klink. Let me ask a question and give each of you the |
|
opportunity to answer it. Tell us what changes you would |
|
recommend so that the State system would be able to help get |
|
money for families, for wives and children, as soon as |
|
possible. There are 19 million child support cases out there, |
|
each of which involves a parent and at least one child. Tell us |
|
what you think needs to be done in order to make this system |
|
work. |
|
Ms. Heckman. Well, I think they have to increase the |
|
caseworkers; they have to increase the personnel and give them |
|
as much authority as they need and information systems that |
|
they need to locate these people and whatever--I don't know if |
|
it would be funding that would help them process the--you know, |
|
collecting the money. And, doing a background investigation to |
|
find out--these people are self-employed; they're saying they |
|
make $8 an hour when they're racking in $400 a day, you know. |
|
Mr. Klink. Ms. Daffron. |
|
Ms. Daffron. I would agree with that, and also, I would |
|
also like, as I just stated previously, stricter laws at the |
|
State level once the people are caught. It was kind of nice |
|
when he was incarcerated in 1994 to 1995 because he was put on |
|
a work relief and I did receive some payment. But, they only |
|
held him for 6 months because that's all that was, I guess, |
|
legally that they had to do was hold him for 6 months. But, |
|
after he was released, there was no accountability for him. I |
|
mean, he just left. I think that's the time he went to Texas, I |
|
don't know though. |
|
Mr. Klink. Ms. Kryskowski, do you agree with them, or |
|
anything---- |
|
Ms. Kryskowski. I agree with what both of them have been |
|
saying, and also, I think that they should have, like maybe, |
|
possibly a review once a year, twice a year--I mean, every 2 |
|
years--to show, to see where they're at, ex-husbands are. And |
|
like, collecting money, saying they're making $8 an hour and |
|
then they are making $500 a week, we need to know that; they |
|
need to know that. We need to find out more of how we can do to |
|
help us out with the child support. |
|
Mr. Klink. Thank you, thank you, Mr. Chairman, for your |
|
patience. I think what I found particularly enlightening is, |
|
when you find a deadbeat dad, as was the case here, who is |
|
receiving Federal money in the form of both benefits and |
|
disability payments, while he is not living up to his |
|
obligation to support a child, I think that is just absolutely |
|
amazing. I yield back. |
|
Mr. Upton. Very sad. |
|
Mr. Ganske. |
|
Mr. Ganske. Thank you, Mr. Chairman. |
|
To follow up on that, a year or so ago, I introduced a bill |
|
that would close some additional loopholes in terms of being |
|
able to garnish moneys of deadbeat parents. I wanted to, |
|
particularly, thank the ladies who came for this panel. It is |
|
not easy coming to Washington and testifying before a |
|
congressional panel. I am also gratified that more members of |
|
the panel have been able to get here for your testimony. |
|
You know, clearly we have a situation where we have a |
|
Federal country where we have State jurisdiction and it is many |
|
times difficult when a deadbeat dad leaves a State and goes |
|
somewhere else in this huge country, for families to collect |
|
the support that they are legally bound to do. |
|
I testified on this issue when we were doing the welfare |
|
reform bill, and I am glad that we were able to get a provision |
|
in there that would help you locate, and then enforce, child |
|
support payments. |
|
Mr. Chairman, I think it is appropriate for us to have an |
|
oversight hearing on this to see how we are coming along on |
|
that legislation, which was passed in a bipartisan fashion, |
|
because I know the members on both sides of the aisle are |
|
concerned about these problems. I cannot tell you the number of |
|
times that constituents come to me, talking about how there is |
|
a deadbeat parent, usually dad, who they cannot collect their |
|
child support payments from. I will bet every member who is |
|
here has had some women similar to yourselves who have come to |
|
their congressional offices with an incredible story of |
|
irresponsibility on the part of their ex-spouses, and the fact |
|
that they just refuse to support their children. |
|
So, when we are dealing in a Federal system like we are, |
|
yes, sometimes the State services are overloaded. But, |
|
sometimes their hands are tied to the extent that Congress has, |
|
as in the welfare reform bill, and may need to do some |
|
additional work on that. I am sure that every member here |
|
pledges their help to try to help families like yours get the |
|
support that they deserve. |
|
Mr. Chairman, I yield back. |
|
Mr. Upton. Thank you, Dr. Ganske. Mr. Stupak. |
|
Mr. Stupak. Thank you, Mr. Chairman. I apologize for being |
|
late. I was at a caucus. |
|
As I look about the panel, I probably am the only one who |
|
has done family divorce work for a number of years when I was |
|
practicing law. I was also a police officer, and I cannot tell |
|
you how many times we have stopped members--I take that back, |
|
Mr. Chairman--stopped individuals on the road who had warrants |
|
out for them for non-support. You say, ``We have your |
|
individual,'' and they will say, ``So what? We are not going to |
|
pick them up.'' Because if they are from Detroit and I am in |
|
the upper peninsula, it is not worth the effort to go pick them |
|
up to have a show-cause hearing and then be released the next |
|
day. So, I certainly understand the frustrations. |
|
But, let me ask you some questions on ideas that have been |
|
kicked around and see if you agree with them or not. Some of |
|
the States--shall we take away drivers' license of individuals |
|
who are behind in support? Do we do automatic, mandatory |
|
paycheck deduction upon entry of divorce order; have mandatory |
|
deduction on the paycheck for child support, no questions |
|
asked, not discretionary, mandatory? And also, have any of you |
|
tried to use the Federal Government IRS to get back the income |
|
tax return of an ex-husband for support? I lead out three |
|
ideas; if you have any others, please let me know. Let's start |
|
on this end, Ms. Heckman. |
|
Ms. Heckman. Yes, the more you can do, the more you can, I |
|
guess, penalize them. You got to get their attention, one way |
|
or another, and take away their driver's license. |
|
Mr. Stupak. Okay. Let me ask this, though: If you take away |
|
driver's license and if you are in my district, which is one of |
|
the larger districts in the United States, a very rural |
|
district, there is no public transportation, how do they get to |
|
work, then? |
|
Ms. Heckman. Well, obviously, they are surviving somehow, |
|
right? |
|
Mr. Stupak. Sure. |
|
Ms. Heckman. In my case, my ex-husband doesn't have a |
|
vehicle. He uses the bus system. |
|
Mr. Stupak. Where does he live? |
|
Ms. Heckman. Hawaii. |
|
Mr. Stupak. Urban area there, I take it? |
|
Ms. Heckman. Yes, he's managing. He is doing quite well. He |
|
has managed to, you know, live a certain lifestyle without a |
|
driver's--well, he is not driving. I don't know; I'm sure he |
|
has got a license, but he is not driving. They need to know |
|
that before they can have other privileges; they need to |
|
recognize they need to be accountable. Attaching their Federal, |
|
their IRS, if they file. Some don't file. |
|
Mr. Stupak. Sure, I understand that. |
|
Ms. Heckman. And what was the second one? |
|
Mr. Stupak. The other one was mandatory deduction in the |
|
judgment of divorce automatically comes out of the paychecks, |
|
no questions asked. |
|
Ms. Heckman. If they are not self-employed. If they are |
|
self-employed or working under the table, you can't get a hold |
|
of that either. |
|
Mr. Stupak. No, I understand that. I understand that. Does |
|
your State have any of those? Do they take away driver's |
|
license? Do they take their State or Federal income tax? Do |
|
they have the mandatory deductions, payroll deduction at time |
|
of divorce? |
|
Ms. Heckman. They didn't at the time. He was on his own to |
|
pay, this was back in 1987. |
|
Mr. Stupak. Okay. So, of those three I mentioned, your |
|
State doesn't have any? |
|
Ms. Heckman. Not that I know of. |
|
Mr. Stupak. How about you, Ms. Daffron? |
|
Ms. Daffron. I think Virginia does have a--they do take the |
|
licenses away. |
|
Mr. Stupak. Has that been helpful to you in trying to |
|
obtain---- |
|
Ms. Daffron. Well, he lives in Texas, so--well, he was |
|
living in Texas. And, also, at the time of our divorce, he was |
|
unemployed. So, what do you do there? And, I'm not---- |
|
Mr. Stupak. Well, you still put it in there, that if he |
|
becomes employed, he---- |
|
Ms. Daffron. That's true. But I'm not real hopeful I'm |
|
going to receive consistent--even being penalized and convicted |
|
of a felony, I'm not real hopeful I'm going to receive much |
|
support. I haven't received any this month. And, also, when I |
|
did find out he was in Texas, he was working, but to get his |
|
wages garnished down in Texas, Texas had to do it and it was |
|
kind of---- |
|
Mr. Stupak. Sure, you go through your residence; it is more |
|
of a headache than it is worth. |
|
Ms. Daffron. Yes, yes. |
|
Mr. Stupak. Sure is. Is your ex-husband in jail now? |
|
Ms. Daffron. No, he will be sentenced the end of March. |
|
Mr. Stupak. Okay, okay. Ms. Kryskowski. |
|
Ms. Kryskowski. In my case, he never really had a job. So, |
|
I mean, that you could get any money from the IRS; taking away |
|
your driver's license is not really going to do it, either, |
|
because then he can't get to work to get the money we need. How |
|
he went through the system, they believed everything he said. |
|
He would tell them that he can only work 25 hours a week |
|
because he had health problems, so they believed him. And, you |
|
know, when you see that he has a car and he's living a life, |
|
that he could share a portion of that with his daughter, what |
|
do you do? I mean, it's hard to--it is like a needle in a |
|
haystack. It's hard to really hold onto anything when it's not |
|
down on paper. |
|
Mr. Stupak. I certainly thank all of you for coming. As I |
|
said, I have worked in this area and what my frustration is, |
|
while we may pass things at the Federal, if the States can't |
|
handle it where they have more control over the cases and then |
|
you try to Federalize it, I think it becomes more diverse and |
|
less opportunity to do any kind of enforcement. |
|
I know, while we talked about welfare reform, I didn't see |
|
where any mention of anything we did in welfare reform actually |
|
helped you out. And maybe it is too early. But, I would hope |
|
that the States could put more emphasis there or something, |
|
because I think the more you get removed from your cases, the |
|
less attention is going to be attributed to them. And, it is a |
|
struggle and I am struggling on how to best address it. Thank |
|
you and you did give us some ideas. Thank you. |
|
Mr. Upton. Thank you. Thank you, Mr. Stupak. Mr. Bilbray |
|
from California. |
|
Mr. Bilbray. Yes. First of all, I would like to commend my |
|
colleague from Michigan, because I think he articulated that |
|
this has to be a team effort. In all fairness, I think that Mr. |
|
Stupak pointed out that the Federal Government can't do it all. |
|
It needs to be a team effort, and under our system there is |
|
responsibility as a State and the Feds and we need them working |
|
together. So, I really want to compliment my colleague for |
|
pointing that out. It is something those of us in Washington |
|
don't like to do, because it looks like we are passing the |
|
buck. |
|
But, I think there is some concerns that we need to |
|
address. I think one of the issues is, how would the IRS handle |
|
this kind of debt if it was owed to them, the Federal |
|
Government, if this was a tax debt? And, would they allow |
|
somebody to jump from State to State and still avoid paying it |
|
off? I think that we can get a consensus here that this kind of |
|
obligation should be treated just like an obligation to the |
|
Federal Government's Treasury, no more, no less. |
|
Now, I operated a child protective service. I supervised |
|
one in San Diego County for about 2.8 million people. And, Mrs. |
|
Daffron, you have how many kids? |
|
Ms. Daffron. Three. |
|
Mr. Bilbray. Three. Like Bill Cosby says, ``If you have |
|
one, it doesn't count because when something is broken, you |
|
know who did it.'' I have five, so, okay. But you used a Social |
|
Security number. You knew the Social Security number. |
|
Ms. Daffron. Right. |
|
Mr. Bilbray. My question is, see, one of the things that we |
|
ran into is--and I am sorry that the ranking member is gone, |
|
because saying that for $35, you could track that down. |
|
Ms. Daffron. Right. |
|
Mr. Bilbray. I don't know about now, but in the past when I |
|
was doing this business, we were not allowed to use Social |
|
Security numbers. We basically had our hands tied. The privacy |
|
laws kept us from being able to do the type of background |
|
searches. And, I think that we need to really raise this issue. |
|
The other issue we see is, what if your ex had used a false |
|
Social Security number, which people can do all the time? |
|
Ms. Daffron. Right, right. |
|
Mr. Bilbray. So, I would really say to my colleagues here |
|
it is a good example of where we may need to address this |
|
issue--that, first of all, the ability to access records so |
|
that we can address these issues. |
|
Ms. Daffron. Yes. |
|
Mr. Bilbray. And my question is, would the IRS worry about |
|
using Social Security numbers to track down people who owe them |
|
money. And, if we really care, then we should care just as much |
|
about you getting your fair share of revenue for your children |
|
as we want to get our fair share of revenue for our tax |
|
structure. |
|
The other issue is the fact that we need to have a system |
|
to make sure that the people using Social Security numbers are |
|
the ones who really it belongs to, where you are going to get |
|
these people avoiding, and we have run into that. |
|
And, my colleague bringing up the State's cooperation is |
|
one that is near and dear to me, because it is 200 miles to the |
|
nearest State in my neighborhood, but it is a quarter of a mile |
|
to the Mexican border. And, though we have the Federal |
|
Government sending benefits to people in Mexico who actually |
|
owe. |
|
I would ask you this and let me just sort of focus on Ms. |
|
Daffron. If you left your three children and walked away, if |
|
you just packed up the car and drove away from them, what would |
|
be the government's reaction to you abandoning your children. |
|
Do you know? Do you have any idea? |
|
Ms. Daffron. No, I really don't. |
|
Mr. Bilbray. Let me tell you what it would be. It would be |
|
abandonment, child endangerment, and child abuse. It would be |
|
felonies, not misdemeanors. And, maybe we ought to start |
|
approaching this issue that the spouse who does not have |
|
custody, when they do not pay, are committing abandonment and |
|
abuse by not paying. And it should be addressed the same. |
|
The biggest issue is, if an officer in the upper peninsula |
|
of Michigan pulled you over and it was found that you had left |
|
your kids out freezing in an apartment with no heat, you are |
|
darn right, you would be dragged back into Detroit. It would be |
|
worth it to get you. I think that is the mentality we need to |
|
change here. I just wanted to bring that up. |
|
I think there are some opportunities. I think there are |
|
some problems here. And, I would only ask, Mr. Chairman, that |
|
we talk about this issue, that the Federal Government's |
|
approach to getting compensation to the children should be the |
|
same and should be the same standard, same importance that the |
|
Federal Government states of finding resources to reimburse it |
|
for its budget operations. |
|
I yield back, Mr. Chairman. |
|
Mr. Upton. Thank you, thank you. Ms. DeGette. |
|
Ms. DeGette. Thank you, Mr. Chairman. I don't really have |
|
any questions for the panel, except let me say how glad I am |
|
you came today. Before I came to Congress, I was in the State |
|
legislature in Colorado and I was a member of the judiciary |
|
committee. We spent 4 years on that committee trying to figure |
|
out how to make deadbeat parents pay their obligations. And, we |
|
did all kinds--we didn't have an automated system. We went to |
|
an automated system. We streamlined our State system. We did |
|
everything we could. And, we finally did pass a bill and there |
|
were some objection to it to take away drivers' license of |
|
people who didn't pay child support obligations. And, that was |
|
the most effective thing we ever did. We didn't actually ever |
|
have to hardly ever take away drivers' licenses, because when |
|
people got the notices they would go in and pay up. |
|
But, I think that the point Mr. Stupak and Mr. Bilbray made |
|
is a good one, and several of you made it, too. Which is, it is |
|
fine if Colorado or Michigan or California takes away the |
|
driver's license, if they are there. But, so often, these |
|
deadbeat parents, in an effort to avoid their obligations, move |
|
frequently. I mean, they move from State to State more than |
|
once within a year. And so, that is why we have to have some |
|
Federal cooperation, and also why we have to have very strong |
|
interstate compacts to collect child support. |
|
So, I really know where you are coming from and I just |
|
wanted to say, you know, ``Keep fighting for what you |
|
deserve.'' |
|
Thank you, Mr. Chairman. I yield back. |
|
Mr. Upton. Thank you. Mr. Burr from North Carolina. |
|
Mr. Burr. Thank you, Mr. Chairman. And, like Mr. Stupak, I |
|
apologize for being tardy. But, I have had an opportunity to |
|
read the majority of your testimony. And, I just want to |
|
clarify a few things with Ms. Heckman and Ms. Daffron. |
|
Ms. Heckman, when I read your testimony, if I understood |
|
it, when the agency that was in charge of the enforcement in |
|
your State, your relationship with them was one that if you |
|
wanted to check the status of what they were doing, you had to |
|
either submit the request in writing or make an appointment, is |
|
that correct? |
|
Ms. Heckman. Yes, yes. |
|
Mr. Burr. Yet, if I understood your testimony right, your |
|
ex-husband's new wife simply phoned up and got the status |
|
somewhat mistruthfully, I guess, as far as who she was or what |
|
the intent was? |
|
Ms. Heckman. Yes. |
|
Mr. Burr. But that was openly shared with her? |
|
Ms. Heckman. And that was what? |
|
Mr. Burr. The status of the investigation was openly shared |
|
with her? |
|
Ms. Heckman. Yes, that was. And when I called the |
|
caseworker back, she said, ``Well, she didn't identify herself |
|
as his wife.'' |
|
Mr. Burr. But you, as the woman affected---- |
|
Ms. Heckman. Right. |
|
Mr. Burr [continuing]. Were never given an option under |
|
that system to call---- |
|
Ms. Heckman. No, you cannot call. |
|
Mr. Burr [continuing]. And inquire on the status of the |
|
case? |
|
Ms. Heckman. You cannot call and get information on your |
|
case. You have to do it in writing or go and make an |
|
appointment with your caseworker. |
|
Ms. Heckman. How did that make you feel, this whole process |
|
having gone through? |
|
Ms. Heckman. Well, I understood the security of that, so |
|
that nobody could call and get the information. |
|
Mr. Burr. How did you feel after someone had---- |
|
Ms. Heckman. Appalled, appalled, violated. |
|
Mr. Burr. And what was their explanation, if you---- |
|
Ms. Heckman. ``We're very sorry. It won't happen again. |
|
I'll put a note on the computer that if somebody calls, they're |
|
going to need verification; actually they would need Kevin's, |
|
the ex-husband's, written permission for the case.'' |
|
Mr. Burr. But you could not call and get status? |
|
Ms. Heckman. No, in no way. |
|
Mr. Burr. Ms. Daffron, if I understood what you said, in |
|
1991 your husband, your ex-husband was placed on the ten-most- |
|
wanted deadbeat dads. |
|
Ms. Daffron. Correct. |
|
Mr. Burr. How did they catch him? |
|
Ms. Daffron. They didn't catch him; that's why he was on |
|
the list. How did they know he was one of the ten-most-wanted, |
|
though? |
|
Mr. Burr. No, they listed him as the ten-most-wanted. When |
|
did he present himself to them? |
|
Ms. Daffron. I guess I am not understanding what you are |
|
asking because---- |
|
Mr. Burr. Well, I think you said, in 1994, he contacted---- |
|
Ms. Daffron. Oh, in 1994, he--well, my current husband and |
|
I had been married a few months and he contacted Division of |
|
Child Support Enforcement to see if he still had a support |
|
obligation. |
|
Mr. Burr. Is this the period between 1991 and 1994 as one |
|
of the ten targeted people in the State? |
|
Ms. Daffron. Yes. |
|
Mr. Burr. They had no contact with your husband? |
|
Ms. Daffron. No. |
|
Mr. Burr. This was the first contact when your husband |
|
contacted them? |
|
Ms. Daffron. Correct. |
|
Mr. Burr. Given that he was one of the top ten targets, did |
|
you feel like they were working on it real hard? |
|
Ms. Daffron. It was in, what was called, their ``locate |
|
office'' in Fairfax County, which is the best you can get at |
|
that point. And, I think with the resources they had, I did |
|
think that they were doing the best they could. |
|
Mr. Burr. Okay, that is fair. |
|
Ms. Daffron. But they don't have enough resources. |
|
Mr. Burr. And, you know, I hope you understand that I think |
|
every member who is here today and those that aren't, we're |
|
trying to find a way for this to work. |
|
Ms. Daffron. Right. |
|
Mr. Burr. I mean, that is the whole objective. I am not |
|
here to try to put blame on one agency or not to another. We |
|
are here to try to work if there is a Federal role, and |
|
clearly, I think most of us think that there is. |
|
Ms. Daffron. Oh, yes. |
|
Mr. Burr. Then, let us perfect it as fast as we can. |
|
Certainly, the years that you went through without housing for, |
|
that safety net was provided. If it doesn't have to happen to |
|
anybody else, we would like to see that. |
|
Let me ask you, Ms. Kryskowski, you have been through this |
|
demonstration project. If there is anything frustrating, what |
|
was the most frustrating part of it and how would you suggest |
|
that that program be changed in the future to be more |
|
effective? |
|
Ms. Kryskowski. You mean the new task force? |
|
Mr. Burr. Yes, ma'am. |
|
Ms. Kryskowski. It hasn't been frustrating. I feel that, |
|
with the investigation that Don Skidmore has provided, it has |
|
been an excellent tool for all of us to know what is going on |
|
with my ex-husband. He hid a lot of information and he claimed |
|
he wasn't working for numerous of years with the friend of the |
|
court. And then, what Don revealed was he was working, and he |
|
has a car and he has a house, a truck, you know, $468 payments. |
|
Mr. Burr. So, as far as your experience with the new |
|
program, no recommendations that you would make about changes |
|
that should be suggested to them that would make it work |
|
better? |
|
Ms. Kryskowski. Well, I'm like, I guess you could say that |
|
I'm the first one in Wayne County. So, so far I have been very |
|
satisfied and I really like what has been going on. Changes- |
|
wise, I can't really say if there is any need to be any |
|
changes, because so far I have been very satisfied with what |
|
has been going on. |
|
Mr. Burr. With the Chair's indulgence, if I could ask for |
|
one additional minute from my members? |
|
I found it interesting--I went through the training |
|
qualifications of the new program. And, again, I am not trying |
|
to prejudge the program, but I am more interested in what would |
|
be your response to this screening process--you have been |
|
through it--for the rest of the women out there who are no |
|
getting payments. The Screening Process Guide Qualifications, |
|
``delinquent obligor must have refused to pay at least $20,000 |
|
in total child support, and obligation must have been |
|
outstanding at least 1 year. All civil resources to collect the |
|
arrears had taken place and the referring child support |
|
enforcement agency must have determined the obligor has the |
|
ability to pay.'' |
|
My only question is, under this set of screening |
|
qualifications, how many people out there are not going to meet |
|
that, but are finding a hardship of no payment being made? |
|
Ms. Daffron. I don't understand why it is $20,000. Why not |
|
$10,000? I mean, $20,000 is a lot of money. |
|
Mr. Burr. As hardship has been---- |
|
Ms. Daffron. That is almost 2 or 3 years of no support. So, |
|
$10,000 would be--even five, that's what the Federal level is. |
|
You have to be owing $5,000 and be out of State to get the |
|
Federal Government involved. |
|
Mr. Burr. Well, hopefully, in the next panel, we will find |
|
out why they chose that level. |
|
Ms. Heckman. I agree with that. I understand that that |
|
would probably totally increase the caseload. But, how long can |
|
the bank go out without a payment for your car, you know? And, |
|
we're talking about children here. We're not talking about, you |
|
know, okay, we'll defer payments. You know, this is children. |
|
And, it doesn't take but a couple of months to put a family in |
|
dire straits. You know, so I guess we'll just have to wait and |
|
see. |
|
Mr. Burr. Well, I hope everybody will have a---- |
|
Mr. Stupak. Does the gentleman have any more time left? I |
|
was going to ask---- |
|
Mr. Upton. The time is expired on---- |
|
Mr. Burr. I would be happy to ask unanimous consent for an |
|
additional minute to yield to Mr. Stupak. |
|
Mr. Stupak. Will you yield a minute? |
|
You had asked about the top ten-most-wanted list there on |
|
the child support. That was for Virginia, right? |
|
Ms. Daffron. That's right. |
|
Mr. Stupak. It is my understanding--and correct me if I am |
|
wrong or if you have further information--that top ten list, |
|
just to show the frustration that is going on here, last time |
|
it was updated was what, 1996? |
|
Ms. Daffron. Well, yes. Well, on the Internet, when I went |
|
out, because the Division of Child Support Enforcement has a |
|
web page, he was on it in 1991 in the summer. And the last it |
|
said it was updated was 1991, I think. |
|
Mr. Stupak. Ninety-one? It is 1996 now, so we have |
|
progressed 5 years. We are still 4 years behind. When you see |
|
the frustration. Here is the most instantaneous form of |
|
communication; the last time it was updated was 1996, so---- |
|
Mr. Upton. Especially since they have them. |
|
Mr. Stupak. If we can get it off the web, we can get the |
|
technology to work, we will submit it for the record. |
|
Mr. Upton. There is somebody else that ought to be on the |
|
list to take his place. |
|
The gentleman from Tennessee, Mr. Bryant. |
|
Mr. Bryant. Thank you, Mr. Chairman. I do apologize, I had |
|
another subcommittee meeting and I have, since I have arrived, |
|
read your testimony. I appreciate very much your being here. |
|
Coming from a background of a law practice many, many, many |
|
years ago, and also the military, I am particularly intrigued |
|
with all of your stories. But Ms. Heckman, are you here on the |
|
end? |
|
Ms. Heckman. Yes. |
|
Mr. Bryant. Okay, good. I see your ex-husband was in the |
|
military? He was not retired, though? |
|
Ms. Heckman. He was medically boarded out after 15 years |
|
for an anxiety disorder--at that time, 10 percent disability. |
|
Mr. Bryant. Now, in reading your statement, you say at one |
|
point you did finally locate him and he was actually--you found |
|
out, I think, for the first time that he was on this disability |
|
payment as well as attending college on VA benefits? |
|
Ms. Heckman. That has been recent information. That has |
|
been since he has been told to pay the amount. So, since the |
|
judge told him it's $100 a month plus current support which is |
|
$220, I have since then found out that he is going to school |
|
full time to be a physical therapist and collecting 70 percent |
|
disability. But prior to this, he was teaching diving lessons |
|
and et cetera. |
|
Mr. Bryant. In your statement, you also mention that--I |
|
think this is when your husband was with the INS at one point |
|
and indicated he was resigning. And, before you could stop his |
|
withdrawal of his pension funds, he did that and disappeared. |
|
But my point here was that you contacted the IRS and they could |
|
not tell you where he was or would not tell you anything about |
|
how to locate him? |
|
Ms. Heckman. He had relocated from California to Hawaii |
|
with INS, with Immigration and Naturalization Services. I |
|
called his supervisor out there in Hawaii and told him who I |
|
was and that he owed child support. And he said, ``Well, I am |
|
not going to tell you where he is or give you any information |
|
as to his whereabouts; that's not my place.'' |
|
Mr. Bryant. Now, I think, as my comment to this, and |
|
perhaps--I do want to listen to the second panel, because both |
|
of these panels are very obviously much experts on this issue, |
|
certainly from different perspectives. But it continues to |
|
amaze me that--and I know there are privacy rights out there, |
|
particularly at the Federal level, we respect, as we should. |
|
But, as several people have so eloquently said here--Mr. |
|
Bilbray, for instance--in terms of if you abandoned your |
|
children, what would happen to you. In effect, that is what we |
|
have here, that we cannot somehow overcome these privacy rights |
|
in today's society, that we cannot locate these people and |
|
communicate--and I guess I am particularly concerned about the |
|
government and your personal inability to have cooperation from |
|
both the INS and perhaps even the military. Because, there are |
|
tremendous avenues open there to locate people and to not only |
|
go after drivers' licenses and things like that. |
|
But, for instance, if you do not register for the draft, |
|
you are not entitled to benefits of college, Federal benefits. |
|
And I am struck by the fact that your husband is not paying his |
|
child support, ex-husband, and yet he is getting veterans' |
|
benefits to go to school. So, it may be that is an avenue we |
|
can look at. |
|
But, again, I just think a bigger picture is going to |
|
require somehow we open up in appropriate cases, where there |
|
are judgments down, the areas of communication at least within |
|
the Federal Government, and, hopefully, State governments where |
|
we can locate people and find out what they are doing and what |
|
government benefits they are receiving, tax returns, and these |
|
kinds of things. Again, I know we are balancing that with |
|
privacy rights. But, again, you have particularly egregious |
|
cases, and I know there are more out there. So, somehow I think |
|
it is up to Congress to make the lead and somehow making this |
|
balance appropriately. |
|
I thank each one of you for testifying today, and I would |
|
yield back my time. |
|
Mr. Upton. Okay. Anyone have any additional questions? |
|
[No response.] |
|
Well, thank you very much for making the journey that you |
|
did. Your stories are very important to us as we begin to move |
|
forward on these very important programs. We thank you very |
|
much. And you are now excused. |
|
We welcome now our next panel: Mr. Jack Hartwig, Deputy |
|
Inspector General for Investigations of HHS; Mr. John Monahan, |
|
Principal Deputy Assistant Secretary for Children and Families; |
|
Mr. Nick Young, Director of the Child Support Enforcement |
|
Division for the State of Virginia; Mr. Wallace Dutkowski, |
|
Director of the Office of Child Support; Mr. Donald Skidmore, |
|
Investigator for the Wayne County Sheriff's Department, and Ms. |
|
Vicki Turetsky, Senior Staff Attorney, Center for Law and |
|
Social Policy here in Washington. |
|
Before we start, I want to again ask our witnesses to |
|
confirm that they are aware this subcommittee is an |
|
investigative subcommittee and, as such, has had the long |
|
practice of taking testimony under oath. And, do any of you |
|
have any objection to testifying under oath? |
|
Mr. Hartwig. No. |
|
Mr. Monahan. No. |
|
Mr. Young. No. |
|
Mr. Dutkowski. No. |
|
Mr. Skidmore. No. |
|
Ms. Turetsky. No. |
|
Mr. Upton. The Chair then advises each of you that, under |
|
the rules of the House and the rules of the committee, you are |
|
entitled to be advised by counsel. Do you desire to be advised |
|
by counsel during your testimony today? |
|
Mr. Hartwig. No. |
|
Mr. Monahan. No. |
|
Mr. Young. No. |
|
Mr. Dutkowski. No. |
|
Mr. Skidmore. No. |
|
Ms. Turetsky. No. |
|
Mr. Upton. And, at this point, if you would, please, rise |
|
and raise your right hand. |
|
[Witnesses sworn.] |
|
Mr. Upton. Thank you. You are now under oath. I guess we |
|
will start with Mr. Monahan. Thank you. |
|
|
|
TESTIMONY OF JOHN MONAHAN, PRINCIPAL DEPUTY ASSISTANT SECRETARY |
|
FOR CHILDREN AND FAMILIES; JOHN F. HARTWIG, DEPUTY INSPECTOR |
|
GENERAL, OFFICE OF THE INSPECTOR GENERAL, DEPARTMENT OF HEALTH |
|
AND HUMAN SERVICES; NICK YOUNG, DIRECTOR, CHILD SUPPORT |
|
ENFORCEMENT DIVISION, COMMONWEALTH OF VIRGINIA; WALLACE |
|
DUTKOWSKI, DIRECTOR, OFFICE OF CHILD SUPPORT, STATE OF |
|
MICHIGAN; DONALD SKIDMORE, INVESTIGATOR, WAYNE COUNTY SHERIFF'S |
|
DEPARTMENT, CHILD SUPPORT MULTI-AGENCY INVESTIGATIVE TEAM, |
|
STATE OF MICHIGAN; AND VICKI TURETSKY, SENIOR STAFF ATTORNEY, |
|
CENTER FOR LAW AND SOCIAL POLICY |
|
|
|
Mr. Monahan. Thank you, Mr. Chairman, and members of the |
|
subcommittee. I appreciate the opportunity to testify today on |
|
the progress that the Nation's child support enforcement |
|
program is making to help children across America. |
|
President Clinton has made child support enforcement a top |
|
priority and it is paying off. In 1998 we collected an |
|
estimated $14.4 billion in child support, an increase of over |
|
80 percent since fiscal year 1992, when only $8 billion was |
|
collected. We are proud of this administration's record on |
|
child support enforcement. As the President has said on |
|
numerous occasions, we need to do more. |
|
Before turning to our new initiative relating to criminal |
|
law enforcement, I would like to give you a brief overview of |
|
how the child support enforcement program operates. This is a |
|
joint Federal/State partnership which functions in all States |
|
and territories to locate non-custodial parents, establish |
|
paternity, establish and enforce support orders and collect |
|
child support payments from those who are legally obligated to |
|
pay. While programs vary from State to State, services are |
|
available to all parents who need them. States are largely |
|
responsible for operating the program, but there tends to be a |
|
greater Federal involvement in the interstate caseload, which |
|
now makes up nearly one third of all cases. |
|
Since 1975, the program has been continually strengthened |
|
through Federal and State statutory and executive actions. I |
|
would also like to note that, in 1996, the President signed the |
|
welfare reform bill. That law provides critical new tools to |
|
improve the child support program, including central registries |
|
of child support orders, a national directory of new hires, |
|
streamlined paternity establishment procedures, uniform |
|
interstate child support laws, license revocations, and |
|
passport denial. |
|
Whether through use of greater automation, simpler |
|
interstate procedures, or tougher new penalties, we are working |
|
with our State and local partners to make sure that no parents |
|
can ignore their financial obligation toward their children, |
|
especially when they have resources to meet those obligations. |
|
An example of the success we have seen already is the national |
|
directory of new hires, which last year located 1.2 million |
|
delinquent parents in interstate cases. |
|
We know that many non-custodial parents take seriously |
|
their moral responsibilities to pay child support regularly and |
|
on time. These parents recognize the importance of the |
|
financial and emotional support their children need and they |
|
voluntarily meet these responsibilities. This enormous group of |
|
parents deserves our respect. |
|
However, for a small minority of cases, even tougher |
|
enforcement penalties must be imposed. These are the most |
|
flagrant cases, where people have the resources to pay but |
|
willfully refuse to provide support for their children. These |
|
are individuals for whom there can be no sympathy. And, on |
|
behalf of their children, we are redoubling our efforts to |
|
locate them and, on behalf of all children, a public message |
|
needs to be sent about these parents. |
|
Our newest initiative, Project Save Our Children, is |
|
targeted at the small but reprehensible group of parents who |
|
over long periods of time willfully fail to take responsibility |
|
for their children. By prosecuting parents who have been |
|
ordered to pay support but will not do so, we are sending a |
|
pointed message of responsibility to them and helping to give |
|
their children a better chance in life. |
|
Under this initiative, HHS will launch task forces in 17 |
|
States and the District of Columbia. State child support |
|
offices will refer their most serious delinquent child support |
|
cases to these sites where trained investigative staff will |
|
locate the violator, document the information needed for |
|
prosecution, and then provide fully prepared cases to the |
|
appropriate prosecutor. The new teams are based on a model |
|
project located in Columbus, Ohio. This Midwest law enforcement |
|
task force, formed by our office and the HHS Inspector |
|
General's Office, joined with Justice Department prosecutors |
|
and investigators, State child support agencies, and local law |
|
enforcement officials to coordinate efforts in a new |
|
investigative team. |
|
We have seen some promising results. More than $3.6 million |
|
in overdue support has been ordered already. My colleague, Jack |
|
Hartwig from the HHS Office of Inspector General, will tell you |
|
more about the task force operations and its early results. But |
|
suffice it to say, with this initiative we will identify, |
|
investigate, and when warranted, prosecute flagrant, delinquent |
|
child support offenders and collect all outstanding payments. |
|
Our goal is a nationwide, comprehensive, coordinated Health |
|
and Human Services, Justice Department response to unresolved |
|
interstate and intrastate child support enforcement cases. Let |
|
me reemphasize that this effort deals, primarily, with the most |
|
serious and flagrant delinquent child support cases as part of |
|
our Nation's overall child support enforcement strategy. |
|
Mr. Chairman and distinguished members of the subcommittee, |
|
thank you again for your invitation to testify. And, at the |
|
appropriate time, I would be happy to take any questions you |
|
might have. |
|
[The prepared statement of John Monahan follows.] |
|
Prepared Statement of John Monahan, Principal Deputy Assistant |
|
Secretary for Administration for Children and Families, Department of |
|
Health and Human Services |
|
Greetings and Introduction |
|
Mr. Chairman and Members of the Subcommittee, thank you for |
|
providing me the opportunity to testify today on the progress the |
|
Nation's child support enforcement program is making to help children |
|
across America. |
|
As the Principal Deputy Assistant Secretary for the Administration |
|
for Children and Families, I supervise the Federal Office of Child |
|
Support Enforcement and have worked closely with Commissioner David |
|
Ross and his team to develop ways to ensure that parents who owe child |
|
support honor their obligations to their children. |
|
President Clinton has made child support enforcement a top |
|
priority, and it is paying off. We recently set new performance records |
|
for the program. In 1998, we collected an estimated $14.4 billion, an |
|
increase of over 80 percent since fiscal year 1992 when only $8 billion |
|
was collected. Included in the amount is a record $1.1 billion in |
|
delinquent child support collected from Federal income tax refunds for |
|
tax year 1997. This was a 70 percent increase since 1992, and |
|
collections were made on behalf of nearly 1.3 million families. In 1997 |
|
we also established 1.3 million paternities, an increase of more than |
|
100 percent since 1992 when 516,949 were established. |
|
The President signed the Personal Responsibility and Work |
|
Opportunity Reconciliation Act in August 1996. Better known as welfare |
|
reform, the law provides critical new tools to improve our Nation's |
|
child support program--central registries of child support orders, a |
|
national directory of new hires, streamlined paternity establishment |
|
procedures, uniform interstate child support laws, license revocation, |
|
and passport denial. Whether through use of greater automation, simpler |
|
interstate procedures or tougher new penalties, we are working with our |
|
state and local partners to make sure that no parents can ignore their |
|
financial obligation toward their children, especially when they have |
|
the resources to meet their child support obligations. An example of |
|
the success we are already seeing from the 1996 welfare law is the |
|
National Directory of New Hires, which last year located 1.2 million |
|
delinquent parents in interstate cases. |
|
Child support is an essential part of welfare reform because it |
|
sends a message of responsibility to both parents and is a vital part |
|
of moving families toward work and self-sufficiency. It helps to ensure |
|
that single parent families and their children don't need to rely on |
|
welfare in the first place and for those who leave welfare, it can help |
|
to ensure that they don't fall back on the welfare rolls once they have |
|
left. Child support enforcement affects far more people than just those |
|
on welfare. Children in working poor and middle class families depend |
|
upon child support for greater financial security as well. |
|
We are proud of this Administration's record on child support |
|
enforcement, but, as the President has said on numerous occasions, we |
|
need to do more. |
|
the child support enforcement program |
|
Before turning to our new initiative relating to criminal law |
|
enforcement, I would like to give you a brief overview of how the |
|
Nation's child support enforcement program operates. The program was |
|
established in 1975 under title IV-D of the Social Security Act as a |
|
joint Federal/State partnership. As a Federal/State partnership, it |
|
functions in all States and territories, generally through social |
|
services departments, but also through the offices of State Attorneys |
|
General or Departments of Revenues. Most States work with prosecuting |
|
attorneys and other law enforcement agencies and officials of family or |
|
domestic relations courts to carry out the program at the local level. |
|
The child support program locates non-custodial parents, |
|
establishes paternity, establishes and enforces support orders, and |
|
collects child support payments from those who are legally obligated to |
|
pay. While programs vary from state to state, services are available to |
|
all parents who need them. States are largely responsible for operating |
|
the program, but there tends to be greater Federal involvement in the |
|
interstate caseload, which makes up nearly a third of all cases. The |
|
Federal Government shares in the cost of funding the CSE program by |
|
contributing to states' administrative costs and providing incentive |
|
payments to them. Since 1975 the program has been continually |
|
strengthened through Federal and State statutory and executive actions. |
|
chronic nonpayers and the deadbeat parents act |
|
We know that many non-custodial parents take seriously their moral |
|
responsibilities to pay child support regularly and on time. These |
|
parents recognize the importance of the financial and emotional support |
|
their children need and voluntarily meet these responsibilities. We |
|
also know there are many low-income non-custodial parents who want to |
|
do the right thing and support their children, but who do not earn |
|
enough to meet their child support responsibilities. The President's |
|
Welfare-to-Work reauthorization proposal will help such fathers |
|
increase their employment so they can better support their children. |
|
And for the majority of non-custodial parents who do not voluntarily |
|
meet their responsibilities, routine enforcement tools like wage |
|
withholding or license revocation will be sufficient to induce them to |
|
pay their financial obligation. |
|
However, for a small minority of cases, even tougher enforcement |
|
penalties must be imposed. These are the most flagrant cases, where |
|
people have the resources to pay but willfully refuse to provide |
|
support for their children. These are individuals for whom there can be |
|
no sympathy. And on behalf of their children, we are redoubling our |
|
efforts to locate them. And on behalf of all children, a public message |
|
needs to be sent about these parents. |
|
The Child Support Recovery Act of 1992 made it a Federal crime to |
|
willfully fail to pay a past-due child support obligation for a child |
|
living in another state. In 1996, President Clinton proposed to make it |
|
a felony to cross state lines to avoid paying child support and last |
|
year, Congress passed and President Clinton signed into law the |
|
Deadbeat Parents Punishment Act of 1998. The Act creates two new |
|
categories of felonies, with penalties of up to two years in prison: |
|
(1) traveling across state or country lines with the intent to evade |
|
child support payments if the child support obligation has remained |
|
unpaid for a period longer than one year or is greater than $5,000; and |
|
(2) when the child support obligation has remained unpaid for a period |
|
of longer than two years, or is greater than $10,000, willful failure |
|
to pay child support to a child residing in another state. |
|
project save our children |
|
Our newest initiative, Project Save Our Children, is targeted at |
|
this small but reprehensible group of parents who over long periods of |
|
time willfully fail to take responsibility for their children. By |
|
prosecuting parents who have been ordered to pay support but will not |
|
do so, we are sending a pointed message of responsibility to them and |
|
helping to give their children a better chance in life. |
|
Under this initiative HHS will launch task forces in 17 states |
|
(California, Delaware, Illinois, Indiana, Louisiana, Maryland, |
|
Michigan, Minnesota, New Jersey, New York, Ohio, Oklahoma, Oregon, |
|
Pennsylvania, Texas, Virginia, and Washington) and the District of |
|
Columbia. State child support offices will refer their most serious |
|
delinquent child support cases to these sites, where trained |
|
investigative staff will locate the violator, document information |
|
needed for prosecution, and then provide the investigated case to the |
|
appropriate prosecutor. |
|
The new teams are based on a model project in Columbus, Ohio, |
|
launched last summer. The Midwest law enforcement task force, formed by |
|
the HHS Office of Child Support Enforcement and HHS Inspector General's |
|
Office, joined with Justice Department prosecutors and investigators, |
|
state child support agencies, and local law enforcement officials to |
|
coordinate efforts in a new investigative team, with promising results |
|
so far. To date, 405 cases have been received and 311 of them have been |
|
referred to the investigative units, with 196 arrests being made. More |
|
than $3.6 million in overdue support has been ordered. |
|
The first task force covers three states: Illinois, Michigan and |
|
Ohio. The hub or this task force is an investigative unit located in |
|
Columbus, Ohio, that employs a number of sophisticated automated |
|
information systems and data bases (both government and commercial), |
|
the purpose of which is to locate non-payers and their assets. Four |
|
more hub sites, covering 14 additional States and the District of |
|
Columbia, will be operational by the end of the first year. My |
|
colleague here from the HHS Office of Inspector General will tell you |
|
more about the task force operations. |
|
But suffice it to say, with this initiative we will identify, |
|
investigate, and, when warranted, prosecute flagrant, delinquent child |
|
support offenders, and collect all outstanding payments. Our goal is a |
|
nationwide, comprehensive, coordinated Health and Human Services/ |
|
Justice Department response to unresolved interstate and intrastate |
|
child support enforcement cases alike. |
|
To help accomplish this, the Administration has proposed additional |
|
spending in the FY 2000 budget request. This money will pay for |
|
establishing investigative teams in five regions of the country to |
|
identify, analyze, and investigate cases for prosecution. Also the |
|
President's FY 2000 budget proposes additional Justice Department |
|
resources for legal support personnel in the U.S. Attorneys offices, |
|
which will allow increase prosecutions of deadbeat parents. |
|
Let me re-emphasize that this effort deals primarily with the most |
|
serious and flagrant delinquent child support cases. It is an effort to |
|
work with our state and local partners in a new, more vigorous manner. |
|
We are in the beginning stages of an initiative that we feel has |
|
great promise and are moving toward broader implementation. My |
|
colleague from the Office of the Inspector General will provide you |
|
with more detail on the results we have obtained thus far. |
|
Mr. Chairman and distinguished Members of the Subcommittee, thank |
|
you for your invitation to testify before you today. Our intent is to |
|
let everyone know that parents will be held accountable for supporting |
|
their children. I would be happy to answer any questions you may have. |
|
|
|
Mr. Upton. Thank you. |
|
Mr. Hartwig. |
|
|
|
TESTIMONY OF JOHN E. HARTWIG |
|
|
|
Mr. Hartwig. Good morning, Mr. Chairman and members of the |
|
subcommittee. I, too, am pleased to be here this morning to |
|
tell you about a law enforcement initiative which I believe |
|
holds great promise for improving accountability for absent |
|
parents in meeting their child support obligations. |
|
The Child Support Enforcement program is a Federal/State |
|
partnership designed to foster family responsibility and to |
|
ensure that children are supported financially by both of their |
|
parents. In recent years, through this partnership, child |
|
support collections have increased dramatically. Even with |
|
these increases, however, collections were made in only one |
|
fifth of current child support caseloads. More effort is needed |
|
to fully address this problem. |
|
Recent law enforcement measures have played an important |
|
role in child support collections. The Child Support Recovery |
|
Support Act of 1992 made it a Federal offense to willfully |
|
avoid paying court-ordered child support obligations for a |
|
child residing in another State. We, in the Office of |
|
Investigations of the Office of Inspector General, have |
|
investigated violations of this act. To date these |
|
investigations have resulted in 159 arrests, 105 criminal |
|
convictions, and $7.6 million in back child support being |
|
ordered as part of the criminal sentencing of these subjects. |
|
We are very proud of these numbers, but realize that these |
|
accomplishments are small when compared to the massive number |
|
of delinquent cases. |
|
Therefore, our focus has been to work with State child |
|
support offices and the United States Attorney's offices to |
|
choose the most egregious cases, such as those with the highest |
|
arrearages or where the health and welfare of the children are |
|
at risk due to lack of support. We believe that these high |
|
profile cases serve as a deterrent to other non-custodial |
|
parents who are not making payments. Ultimately, our goal is |
|
not to prosecute people. Rather, by publicizing arrests and |
|
prosecutions, we hope that these individuals who may be sitting |
|
on the fence or not paying child support obligations will |
|
realize that there is a tremendous downside to not paying. |
|
You heard this morning a number of examples. Let me just |
|
add two. We had a case concerning a man who was a plastic |
|
surgeon and an attorney. He was arrested in New York on charges |
|
that he owed over $172,000 in child support. During his |
|
appearance in court, the subject told the judge that his annual |
|
salary was only $30,000 a year as a surgeon. Understandably, |
|
the judge was not inclined to believe him, and ordered him to |
|
pay back all his past due child support. |
|
There is currently an outstanding felony indictment and |
|
arrest warrant against a former professional football player. |
|
He had already been convicted under Federal misdemeanor |
|
provisions of the Child Support Recovery Act, but even after |
|
that conviction, he continued to evade making his child support |
|
payments. He was arrested again, he was released on bail so |
|
that he could try out for a pro football team, and he has not |
|
been seen since. He is currently a fugitive and owes |
|
approximately $95,000 in child support. |
|
Examples you heard today illustrate the incredible lengths |
|
that non-custodial parents may take to avoid paying their child |
|
support obligations. Many are becoming successful at hiding |
|
themselves. |
|
In response, we have to become more sophisticated in our |
|
investigative techniques. We began the Child Support |
|
Enforcement task forces to bring together Federal, State and |
|
local law enforcement officials to increase the number of |
|
successful prosecutions through a collaborative approach. |
|
Promising cases are referred to special screening units which |
|
conduct initial investigations. Investigations are then turned |
|
over to appropriate task force agents for full investigations. |
|
We believe the results are better targeting and investigations, |
|
and better cases delivered for prosecution. |
|
Our first task force, in Columbus, Ohio, has delivered |
|
significant results. Over 400 cases have been referred--over |
|
300 of these have actually been investigated to date--resulting |
|
in 180 arrests and 170 convictions or civil resolutions. These |
|
convictions have yielded over $3.8 million in child support. |
|
The task force has worked closely with public affairs offices |
|
of the States, law enforcement agencies, criminal justice |
|
agencies, and anyone else involved in the process to make sure |
|
that the arrest and conviction receive public attention in the |
|
hope of raising public awareness of the problem and the |
|
potential for prosecution. After one arrest in Michigan, county |
|
child support offices reported a substantial rise in the amount |
|
of money collected the week following the arrest. |
|
Mr. Chairman, I hope my comments this morning have been |
|
useful for you and the subcommittee as you consider your own |
|
agenda for improving the Federal child support enforcement |
|
system. Child support is one of the vital programs serving one |
|
of our most vulnerable populations. It is a key factor in the |
|
long-term success of moving families off public assistance and |
|
making them economically self-sufficient. This concludes my |
|
remarks and, I too, would be happy to answer any questions. |
|
[The prepared statement of John E. Hartwig follows:] |
|
Prepared Statement of John E. Hartwig, Deputy Inspector General for |
|
Investigations, Department of Health and Human Services |
|
Good morning, Mr. Chairman. I am John E. Hartwig, Deputy Inspector |
|
General for Investigations within the Department of Health and Human |
|
Services. The Office of Inspector General shares your keen interest in |
|
improving the child support system, which serves some of the nation's |
|
most important citizens--its families and children. I am here today to |
|
highlight a new law enforcement initiative which we believe holds great |
|
promise for improving accountability of absent parents in meeting their |
|
child support obligations. |
|
the child support problem |
|
On December 31, 1998, the Administration for Children and Families |
|
reported that the Federal/State child support enforcement programs |
|
collected an estimated $14.4 billion for Fiscal Year 1998, an increase |
|
of 7 percent from 1997's $13.4 billion, and an increase of 80 percent |
|
since 1992 when $8 billion was collected. In addition, the Federal |
|
Government collected over $1.1 billion in delinquent child support from |
|
what was to have been Federal income tax refunds for tax year 1997. |
|
Collections were made on behalf of nearly 1.3 million families. |
|
Although collections have increased dramatically, much work still |
|
remains to be done. According to the recently released Administration |
|
for Children and Families' 21st Annual Report to Congress, total child |
|
support payments collected in Fiscal Year 1996 were $12 billion; yet |
|
$45 billion in delinquent child support payments still remained to be |
|
collected.Caseloads also continued to increase, rising from 15 million |
|
in Fiscal Year 1992 to 19 million in Fiscal Year 1996. While 1 million |
|
new support orders were established in Fiscal Year 1996, of the 19 |
|
million cases, 59 percent had court-approved child support orders. A |
|
total of only 4 million of these cases, one-fifth of the total |
|
caseload, resulted in a collection of child support. To the extent that |
|
these payments are not collected, the children of these families are at |
|
greater risk of welfare dependency. |
|
Progress is also being made in the steps required of custodial |
|
parents in order to receive child support payments with approximately |
|
one million paternities established in Fiscal Year 1996. Paternity |
|
establishment is one of these first steps required to enforce child |
|
support obligations. Almost one-third of all children currently on |
|
public assistance lack a paternity establishment, but new time limits |
|
on welfare benefits are likely to increase the incentive for |
|
establishing paternity and collecting child support. |
|
the federal child support program |
|
The Child Support Enforcement Program is a Federal/State |
|
partnership designed to foster family responsibility and reduce the |
|
need for welfare and its cost to the taxpayer by ensuring that children |
|
are supported financially by both of their parents. All parents with |
|
custody of children who need or are owed child support can get help |
|
from their State or local child support enforcement agency. Each state |
|
designates an agency to administer the five mandated purposes of the |
|
program: to locate non-custodial parents, establish paternity through |
|
testing or consent, establish orders for child support, enforce those |
|
orders, and collect child support payments. This is accomplished |
|
through the courts or administrative processes. Partial funding and |
|
oversight of the program is provided by the Federal government. |
|
The Personal Responsibility and Work Opportunity Reconciliation Act |
|
of 1996 (the Act) strengthened the ability of the child support |
|
enforcement program to collect support on behalf of children and |
|
families and created the Temporary Assistance for Needy Families (TANF) |
|
program, which replaced the Aid to Families with Dependent Children, |
|
the primary Federal public assistance program. Applicants for TANF |
|
assign their rights to support payments to the State as a condition of |
|
receipt of assistance. For non-welfare cases, child support collections |
|
are forwarded to the custodial family. By securing support on a |
|
consistent and continuing basis, non-welfare families may avoid |
|
dependency on public assistance and welfare spending is reduced. |
|
history of office of inspector general efforts |
|
The Office of Inspector General has a long and productive history |
|
of contributing to improving the child support system. Over many years, |
|
our audits and evaluations have addressed problems and offered |
|
solutions on such matters as paternity establishment, medical support, |
|
collection methods, management information systems, interagency |
|
collaboration, incentive funding, support order upgrading, and |
|
interface with the Federal income tax system. We have piloted many of |
|
the procedures that are now widely accepted in the field of child |
|
support enforcement. We are very proud of the ideas and information |
|
that we contributed to improving these efforts. |
|
In this vein, I would like to describe for you now an exciting new |
|
avenue of improvement based on criminal law enforcement. |
|
law enforcement efforts |
|
The Child Support Recovery Act of 1992 made it a Federal offense to |
|
willfully avoid paying court-ordered child support obligations for a |
|
child residing in another State. Two felony provisions were added when |
|
the act was amended in 1998. The Office of Inspector General Office of |
|
Investigations began to investigate violations of the Child Support |
|
Recovery Act, initially focusing on those cases where the custodial |
|
parent was forced to enroll in public assistance because payments were |
|
not made by the non-custodial parent. We have extended our |
|
investigations to include all violations of the Child Support Recovery |
|
Act, but we continue to place a higher priority on those cases |
|
involving Federal public assistance funds due to the effect on the |
|
program and the vulnerability of those children and custodial parents. |
|
As with our investigative authorization with health care cases, the |
|
Department of Justice granted special deputy United States Marshal |
|
status on all of our child support enforcement cases. This status |
|
enables all our agents to carry firearms and execute arrest warrants in |
|
these cases, which significantly increases their ability to effectively |
|
investigate these cases. |
|
In general, all of our agents undergo the full 9-week training |
|
regimen at the Federal Law Enforcement Training Center in Georgia, |
|
which is also used by over 80 Federal law enforcement agencies to train |
|
Federal agents, including the Secret Service and the Customs Service. |
|
The Federal training program includes criminal investigative |
|
techniques, applicable Federal laws, arrest techniques, and use of |
|
firearms. Additionally, all our agents undergo several weeks of |
|
training concentrated on the Office of Inspector General, statutes and |
|
responsibilities, and receive a thorough grounding in the programs with |
|
the Department. Our agents regularly receive updated training on new |
|
methods and techniques and must demonstrate firearms proficiency |
|
quarterly. In total, new investigative agents receive approximately 500 |
|
hours of specialized training during their first two years on the job. |
|
accomplishments |
|
Since beginning our efforts in the area of child support |
|
enforcement, we have initiated over 600 cases, making or coordinating |
|
over 150 arrests. These cases have resulted in over 100 convictions and |
|
over $7.6 million in back child support being ordered as part of the |
|
sentencing of the subjects. While we are very proud of these numbers, |
|
we realize that these accomplishments are small when compared to the |
|
massive number of delinquent cases. Therefore, our focus has been to |
|
work with State Child Support Offices and the United States Attorney's |
|
Offices to choose the most egregious cases, such as those with the |
|
highest arrearage, or where the health and welfare of the children are |
|
at risk due to lack of support. We feel that these high profile cases |
|
serve as a deterrent to other non-custodial parents who are not making |
|
payments. Ultimately, the goal isn't to put people in jail. By |
|
publicizing arrests and prosecutions we hope that those people who may |
|
be sitting on the fence and not paying their child support obligations |
|
will realize the consequences of their failure to pay. The following |
|
are examples of our case work. |
|
1. A Border Patrol agent quit his job with the government after the |
|
INS began to withhold child support payments from his salary. He |
|
informed his former spouse that he would never pay his support, and |
|
that he was quitting his job and leaving the country so that he could |
|
not be found. After extensive investigation involving searching through |
|
computerized databases, the man was located in Hawaii, where he had |
|
started a scuba diving school. He was arrested on the dock when he |
|
brought his boat in after a class. He pled guilty and was sentenced to |
|
pay the full amount of child support owed$17,000. This case is an |
|
example of a parent who went to great lengths to avoid paying child |
|
support when he clearly had the ability to pay. |
|
2. A man who was both a plastic surgeon and attorney was arrested |
|
in New York on charges that he owed over $172,000 in child support. The |
|
case came to the attention of federal authorities through the surgeon's |
|
father-in-law, who was outraged that his son-in-law was not paying |
|
child support, despite his significant assets, which included a |
|
$300,000 home. During his appearance in court, the subject told the |
|
judge that his annual salary was only $30,000 a year as a surgeon. |
|
Understandably, the judge was not inclined to believe him and ordered |
|
him to pay all back child support. The man had previous altercations |
|
with police and at the time of arrest several automatic weapons were |
|
seized. |
|
3. There is currently an outstanding felony indictment and arrest |
|
warrant against a former professional football player. He has already |
|
been convicted under the misdemeanor provisions of the Child Support |
|
Recovery Act. But even after that conviction, he failed to comply so a |
|
criminal complaint was issued and he was arrested. He appeared in court |
|
and asked the judge to release him on his own recognizance so that he |
|
could try out with another pro football team. He has not been seen |
|
since so a felony indictment and arrest warrant have been issued. He is |
|
currently a fugitive and owes over $95,000 in child support. |
|
These examples of investigative work illustrate the incredible |
|
lengths that non-custodial parents may go to avoid paying their child |
|
support obligations, even those that clearly have sufficient means. |
|
law enforcement partnership |
|
In the Fall of 1996, we began meeting with officials in the Office |
|
of Child Support Enforcement about combining our resources and |
|
strategically targeting our efforts to improve prosecutions of child |
|
support cases at the Federal level. Based upon our experience working |
|
with Federal partners and State and local officials on health care |
|
fraud matters, we know that the most successful way to tackle complex |
|
problems and improve investigative and prosecution efforts is to form a |
|
collaborative partnership. Working with the Office of Child Support |
|
Enforcement (OCSE), we developed a task force approach to bring |
|
together the social service and criminal justice agencies involved in |
|
child support enforcement at both the State and Federal levels to |
|
identify, investigate, and prosecute the most egregious offenders. |
|
Members on the task force include OIG special agents, FBI agents, U.S. |
|
Marshals, U.S. Attorneys and local District Attorneys, State child |
|
support enforcement staff, and State and local police. The task force |
|
will also attempt to identify and resolve the obstacles that have stood |
|
in the way of enforcing the child support laws. Currently we have one |
|
task force in Columbus, Ohio, which began operating in May, 1998, and |
|
covers three States--Illinois, Michigan, and Ohio. We have just begun a |
|
second task force in Baltimore, and three additional task forces will |
|
be starting up during the next few months in New York City, Dallas, and |
|
Sacramento. These cities were selected as a result of a decision to co- |
|
locate with the OCSE audit offices. In addition, OIG, DOJ, State, and |
|
local resources required for task force efforts are readily available |
|
at these sites. |
|
One of the most important improvements made through the task forces |
|
include developing ``Case Screening Units'' for each task force. |
|
Working with the State Child Support Offices, these units will identify |
|
the most promising cases. The screening units, manned by analysts, will |
|
utilize public and private data bases to conduct a pre-investigation to |
|
determine the whereabouts of the subjects and also identify any assets |
|
that these subjects may possess. Once this information is established, |
|
the cases and the new information will be forwarded to the agents, who |
|
will then conduct a formal investigation in order to verify the |
|
information. The completed case package is then brought to the |
|
prosecutor with the evidence needed for prosecution already obtained. |
|
Using this approach, burdens are reduced on child support case workers |
|
and United States Attorney's Offices, and cases receive the necessary |
|
financial investigation. The end result is better targeted and |
|
investigated cases delivered for prosecution in complete form. |
|
The task forces will also bring local law enforcement into the |
|
arena. Where before, local law enforcement was mostly utilized to serve |
|
civil contempt warrants, in these task forces we are using local law |
|
enforcement in their capacity as white collar fraud investigators in |
|
order to investigate intra-state cases for potential criminal |
|
prosecution. The task forces are also bringing in the local District |
|
Attorneys' offices to prosecute these cases. The task forces are trying |
|
to demonstrate that State criminal statutes can be effective in |
|
enforcing individual orders and serving as a deterrent. This |
|
partnership is important because only one out of every three child |
|
support cases is interstate, meaning that the majority must be |
|
adjudicated at the state level. The task forces bring together both |
|
Federal and State partners so that the maximum number of cases can be |
|
handled at the appropriate level. |
|
Our first task force has already delivered significant results and |
|
promises to deliver more in the future. Over 400 cases have been |
|
referred to the task force's screening unit in Columbus. These cases |
|
have been fairly equally divided between inter and intrastate cases. |
|
Thus far, the task force has investigated over 300 cases with over 180 |
|
arrests and 170 convictions or civil resolutions resulting. These |
|
convictions and settlements have resulted in over $3.8 million in child |
|
support being ordered. The task force has worked closely with the |
|
public affairs offices of the States, law enforcement agencies, and |
|
criminal justice agencies to make sure that the arrests and convictions |
|
receive public attention in the hope of raising the public's awareness |
|
of the problems and the potential for prosecution. After one highly |
|
publicized arrest in Michigan the county child support office reported |
|
a substantial rise in the amount of money collected the week following |
|
the broadcast. These collections, largely walk-ins, came from sources |
|
who had not paid any money in the recent past. It is our belief that |
|
the only reason that these payments started is because of publicizing |
|
the arrest. |
|
other work |
|
Complementing our law enforcement work and building on the |
|
foundation of work mentioned earlier, the Office of Inspector General |
|
continues to conduct studies aimed at strengthening the child support |
|
enforcement system. We are currently examining (1) methods to increase |
|
cooperation of welfare recipients in establishing paternity and |
|
locating absent parents; (2) ways to further improve voluntary |
|
paternity acknowledgment in hospitals at the time of birth; (3) the |
|
effectiveness of current procedures for obtaining medical insurance |
|
coverage or other forms of medical support for children; and (4) |
|
evaluating the Federal Parent Locator Service. We are now finalizing |
|
work on the periodic review and adjustment of support orders, a process |
|
that helps children by taking advantage of the normal increases in |
|
income that young absent parents receive as they mature in their jobs. |
|
This latter study supports legislation offered by the Administration in |
|
its Fiscal Year 2000 budget to require that such adjustments be made. |
|
We will be happy to keep you and your staff informed as we finish each |
|
study. |
|
conclusion |
|
Mr. Chairman, I hope my comments this morning have been useful for |
|
you and the committee as you consider your own agenda for improving the |
|
Federal child support enforcement system. Child support is one of the |
|
Department's most vital programs serving some of our most vulnerable |
|
population and a key factor in the long-term success of moving families |
|
off of public assistance and making them economically self-sufficient. |
|
The Office of Inspector General is committed at all levels to improving |
|
the system through our audits and evaluations and to providing law |
|
enforcement leadership to increase successful prosecutions of criminal |
|
violations of federal child support laws. |
|
|
|
Mr. Upton. Thank you, Mr. Hartwig. As you all listened, you |
|
heard some buzzers behind you. We have a vote on the House |
|
floor, so we will take an adjournment until--it is only one |
|
vote, so we will be back--we will start Mr. Young's testimony |
|
at quarter of 12. |
|
[Brief recess.] |
|
Mr. Upton. Members will be coming back. We all, you know--I |
|
am myself on three subcommittees. They all seem to meet at the |
|
same time. We have got a number of members here that are on 4 |
|
and 5 subcommittees. I have got a colleague from Michigan, I |
|
think, on eight subcommittees. And so, when they have votes, it |
|
is tough. |
|
Your statements are made part of the record; you are able |
|
to summarize. |
|
I know I talked to a number of members in the subcommittee |
|
that indicated that they were coming back. They have got |
|
constituents in their offices, but at this point, it does take |
|
one member to object. There are two members here, so I think we |
|
are okay. |
|
Mr. Young. |
|
|
|
TESTIMONY OF NICK YOUNG |
|
|
|
Mr. Young. Good morning. Thank you, Mr. Chairman, members |
|
of the subcommittee. I am pleased to be here. My name is Nick |
|
Young and I am the Director of the Virginia Child Support |
|
Enforcement Division and have been so for the last 2 years. I |
|
am also a board member of the National Child Support |
|
Enforcement Association. I am pleased to be here today to |
|
address the subcommittee. |
|
I would like to open with a few statistics to put our |
|
program and what we are facing in perspective. And, on your |
|
right, my left, you will see some charts on easel that will |
|
show you that one-fourth of all the children in Virginia are on |
|
child support, 25 percent. There are 2 million children in |
|
Virginia and a quarter of them are on child support. There is |
|
another quarter of them that are the product, also, of divorced |
|
families that the mother and father have figured out how to be |
|
amicably enough to get along where they are not on child |
|
support. But the bottom line is, 50 percent of the children do |
|
not live with somebody who has the same last name. |
|
The problem is growing. You will also notice in the next |
|
chart that the amount of arrearage, just in Virginia, is $1.4 |
|
billion and it goes up by $200 million a year. So, it will be |
|
$1.6 very shortly, $1.8, and we will hit $2 billion in only 2 |
|
years. Fortunately, Virginia is an administrative State. I can |
|
do 70 percent of the wage withholding. Seventy percent of the |
|
actions that are done in Virginia do not go into court, which |
|
means we do not tie up the court system and we do not allow |
|
people, necessarily, to use the court system as a delaying |
|
tactic. Virginia is also fortunate to have been one of the |
|
first two States to receive Federal certification of its |
|
automated case management program, very important. |
|
I have got some good news; I have got some not so good |
|
news. The good news is we collected about $313 million last |
|
year. The bad news, I have already told you, is that we are |
|
$1.4 billion in the hole to start with and we have got to catch |
|
up. |
|
Some more good news, though, is that child support workers |
|
have made some tremendous strides in the last couple of years, |
|
especially in light of the testimony you have heard from these |
|
ladies earlier. And, we collect $5.64 for every dollar we |
|
spend. The bad news is the caseload grows by 11,000 cases net |
|
growth a year. That is 17,000 children a year, net growth to |
|
the caseload. |
|
State and Federal welfare reform initiatives have resulted |
|
in a reduction in the welfare portion of our child support |
|
caseload, as reflected on this chart. That is good news. Those |
|
reductions translate into reduced collections, however, and |
|
also sometimes Federal reimbursements. |
|
All in all, however, the Federal Reform Act of 1996 has |
|
proven to be a catalyst for profound change. In Virginia, the |
|
most dramatic example is 25 percent reduction of children on |
|
welfare in child support caseloads. However, our non-welfare |
|
child support caseload has escalated. However, that is not |
|
necessarily bad, as many of those cases are former welfare |
|
recipients, and therefore, it is natural progression for them |
|
to move from welfare to non-welfare but remain in the child |
|
support caseload. |
|
As you heard from the testimony this morning, whether the |
|
mother was on welfare or not, many of the fathers in this |
|
particular case being the preponderance of the non-custodial |
|
parent, are committed to paying whether they have been |
|
incarcerated twice, as in the case of Ms. Daffron's husband, or |
|
multiple times, as we have on many examples. |
|
Virginia has a Kids First Campaign which is directly akin |
|
and related to the Project Save Our Children. We identified |
|
57,000 of the most egregious. Many times we get criticized for |
|
only addressing the top ten or the top twelve. We started on |
|
the most egregious 57,000 people in the State of Virginia in |
|
June 1997 and have stayed with those people. They have paid |
|
just under $50 million. They are also a catalyst to cause |
|
others to see that they will either pay or go to jail, and |
|
others are paying as well. It is a secondary effect. |
|
Additionally, we have started using boots, which is a |
|
device to immobilize a car---- |
|
Mr. Upton. A lot of us have had them. |
|
Mr. Young. I beg your pardon? |
|
Mr. Upton. Not me. |
|
Mr. Young. Nevertheless, this device is having great |
|
success in Fairfax County, Virginia, which these two ladies |
|
have testified were in. The humiliation factor sets in, the |
|
boots are pink or blue, and we do not care if we put them on a |
|
boy or girl's car. We put them on there and it does not come |
|
off until you pay the child support. |
|
At each of your places--and I am finishing rapidly; I know |
|
my 5 minutes is up--you have the latest Virginia poster, wanted |
|
poster, the ``Heartless 13.'' We have issued this poster 13 |
|
times since August 1989. And, yes, it is on the website and it |
|
is up-to-date. We have posted 120 individuals and we have |
|
located, captured, arrested, targeted, found 87 of the 120 on |
|
these posters. |
|
I will close by saying, ask any State in the Nation where |
|
the most difficult part of their caseload is, and you will find |
|
it is the interstate caseload. And, as you have already pointed |
|
out yourself, Mr. Chairman, 25 percent of the caseload is |
|
interstate. And, it is the toughest part to do. But this task |
|
force that the Federal Government has started and we are proud |
|
to join, offers us a great opportunity to break down the |
|
barriers in the State borders and to go after some of the non- |
|
custodial parents who clearly have been using those borders as |
|
a safe haven to not pay child support. |
|
I want to also close by saying that, in my short 2 years |
|
with this program, it has become abundantly clear to me that no |
|
State will ever succeed without the help of Congress, the |
|
Federal Government. And, it is a partnership, and it won't work |
|
at State level as a misdemeanor crime without the help of Judge |
|
Ross and his great people that are doing such great work here |
|
with us. Sir, I am available for questions. |
|
[The prepared statement of Nick Young follows.] |
|
Prepared Statement of Nick Young, Director, Child Support Enforcement |
|
Division, Commonwealth of Virginia |
|
Good morning. My name is Nick Young, and I am the Director of the |
|
Virginia Department of Social Services' Division of Child Support |
|
Enforcement. I am also a Board member of the National Child Support |
|
Enforcement Association, and bring greetings from both the Commonwealth |
|
of Virginia and the Association. I am very pleased to be here this |
|
morning, and honored to have been invited to testify. |
|
The subject today is ``Supporting Welfare Reform: Cracking Down on |
|
Deadbeat Parents.'' My remarks today will, of course, be from the |
|
perspective of the successful program we run in Virginia. |
|
First, permit me to share a couple of telling statistics about |
|
Virginia's child support enforcement program: Our caseload today is |
|
421,000, representing approximately 552,000 children--25% of Virginia's |
|
child population. Though Virginia is recognized as having a very |
|
efficient program, it is unfortunately the case that we carry a $1.5 |
|
billion arrearage, an amount that is growing by $200 million a year. |
|
Our caseload has grown over 25% in the last four years alone. We are |
|
one of only a handful of states that can conduct our business both |
|
administratively and through the courts. As a result, approximately 70% |
|
of our cases are managed administratively, which saves a great deal of |
|
time, paperwork and money. Our work is also accurate; we have a very |
|
low rate of appeals to our administrative decisions. Virginia was one |
|
of the first two states in the nation to receive in early 1996 full |
|
federal certification of its automated case management system; placing |
|
Virginia in the forefront of the nation regarding such systems. |
|
In many ways, the status of Virginia's child support program |
|
illustrates problems experienced throughout the nation in child support |
|
enforcement today. The overall picture is a study in contrasts. The |
|
good news is that Virginia collected over $313 million in child support |
|
in state fiscal year 1998--a record. The bad news is that this amount |
|
is but a drop in the bucket compared to the $1.5 billion that is still |
|
owed. the good news is that we are extremely productive in our work: |
|
for every $1.00 spent, we collect $5.64 in child support. The bad news |
|
is that our caseload grows by 11,000 cases (17,000 additional children) |
|
per year. The average caseload of a child support caseworker in |
|
Virginia, for example, is 910 cases. These statistics present an |
|
overwhelming challenge to even the most organized child support |
|
caseworker. |
|
More good news is the success of the national and Virginia's own |
|
statewide welfare reform initiatives. Welfare reform has resulted in a |
|
tremendous drop in the welfare portion of our child support caseload. |
|
Although our overall caseload is still rising, welfare reform is |
|
definitely working. Unfortunately, welfare reform's success is |
|
translating into reduced federal reimbursements, which have a |
|
deleterious effect on the ability of states to continue the momentum of |
|
reform. Relatively speaking, however, this is not the worst problem to |
|
have, and we are otherwise heartened by the tremendous level of federal |
|
support welfare reform has given to many of Virginia's creative |
|
initiatives to combat the child support problem. These initiatives-- |
|
some of which I am about to highlight--have helped make Virginia's |
|
program one of the most dynamic, successful child support enforcement |
|
programs in the country. |
|
Most of my comments today focus on strategies Virginia uses to |
|
crack down on child support evaders. Many of these strategies are today |
|
in existence and thriving because of the Personal Responsibility and |
|
Work Opportunities Reconciliation Act of 1996 (PRWORA). I stand before |
|
you today to emphasize that welfare reform has given us the means to |
|
strengthen our enforcement activities, and indeed, crack down on |
|
delinquent parents. |
|
The Personal Responsibility and Work Opportunities Reconciliation |
|
Act of 1996 marked a profound turning point in fighting the twin |
|
scourges of welfare and child support delinquency. PRWORA has generated |
|
success on many fronts. |
|
First, the new law has proven to be a catalyst for profound changes |
|
in many of the basic statistics regarding welfare. In Virginia, the |
|
most dramatic example is the 25% reduction of child support TANF |
|
(Temporary Assistance for Needy Families) cases since the law went into |
|
effect. More parents have moved off the welfare roles and into jobs, |
|
thereby providing the means to support their children. Virginia's non- |
|
TANF child support caseload has correspondingly gone up--not altogether |
|
a bad problem, since many of those cases are undoubtedly former TANF |
|
recipients. Welfare reform is definitely providing more Virginia |
|
children the financial support they are due. |
|
PRWORA has also generated a burst of collaboration and cooperation |
|
between public and private entities, such as law enforcement, the |
|
courts and public agencies. |
|
One example is Virginia's co-location initiative. Begun as an |
|
experiment in the summer of 1993, the co-location of public assistance |
|
and child support staff has blossomed under welfare reform into a |
|
mutually beneficial strategy for TANF (Temporary Assistance for Needy |
|
Families) and child support staff and clients. Co-location has helped |
|
promote customer self-reliance under welfare reform, and allows TANF |
|
and child support staff to collaborate to provide better service for |
|
customers, streamline elements of case management, reduce |
|
administrative costs, and above all, provide more successful outcomes |
|
for customers. Co-location is now a vibrant statewide strategy. As of |
|
September, 1998, approximately 26 child support staff have been co- |
|
located full- or part-time at 28 sites serving 22 local social service |
|
agencies. Five distinct models tailored to specific community needs |
|
have evolved throughout the state. |
|
Another example of collaboration and cooperation is Virginia's |
|
Paternity Establishment Program (PEP). Established in 1990, PEP grew |
|
under welfare reform into an effective program that gives unmarried |
|
parents the opportunity to voluntarily acknowledge paternity in the |
|
hospital, before the child goes home. As of 1998, 69 hospitals |
|
participated statewide, generating more than 11,250 paternities in 1998 |
|
alone. |
|
Yet another example is the Commonwealth's KidsFirst Campaign. |
|
Initially begun in June, 1997, KidsFirst kicked off with a two-week |
|
limited amnesty offered to 57,000 of the most egregious support |
|
evaders. While the amnesty netted $1.2 million from 4,039 noncustodial |
|
parents; the crackdown that followed also generated outstanding |
|
results. Working in close cooperation with local law enforcement and |
|
judicial communities, a statewide ``roundup'' resulted in 512 arrests |
|
and show cause notices issued. Today, eight roundups later, the money |
|
generated by this campaign has topped $46 million, and 25,678 |
|
delinquent parents are paying support. An added bonus has been enhanced |
|
rapport with the law enforcement community and the judiciary. |
|
Another collaborative and cooperative example is illustrated by the |
|
recent arrest of one of Virginia's most wanted child support evaders. |
|
Periodically, the Division publishes a most wanted list of child |
|
support evaders to keep public awareness high--and also because it |
|
generates great success. Laurence Judd was a notorious child support |
|
evader who owed his two children $155,000 at the time of his |
|
apprehension. His arrest not only made good copy, it also illustrated |
|
the extensive public/private/interstate/and multi-agency coordination |
|
that enforcement activities often involve in today's highly mobile, |
|
instant communication environment. In Mr. Judd's case, it took the |
|
collaborative effort of two states' child support offices, a Virginia |
|
local sheriff's office, credit reporting agencies, use of the Internet, |
|
and the Las Vegas Metro Police Department to successfully track and |
|
apprehend him. These kinds of complex multi-agency, multi-state |
|
endeavors, sadly, are necessary, but also are becoming more effective, |
|
efficient and prevalent thanks to the enhanced federal assistance as a |
|
result of welfare reform. Today, many such collaborative efforts exist |
|
that could not have existed before welfare reform. |
|
Another such collaborative effort in its nascent stage in Virginia |
|
is the Child Support Multi-Agency Investigative Team (or CSMAIT). |
|
CSMAIT is a multi-disciplinary work group whose mission is to increase |
|
child support collections by identifying, analyzing, investigating and |
|
prosecuting high profile child support cases. It focuses, in part, on |
|
highly technical financial and locate investigations using state and |
|
federal efforts collaboratively. In Virginia, CSMAIT participants |
|
include a diverse array of entities, including the Division of Child |
|
Support Enforcement, local sheriff's departments, the state police, |
|
local police departments, Commonwealth's Attorneys offices, the U.S. |
|
Department of Justice, and the federal Department of Health and Human |
|
Services. Virginia is excited about the potential of CSMAIT, and |
|
expects this initiative to bear fruit in the very near future. |
|
PRWORA has also provided authorization to strengthen a multitude of |
|
enforcement mechanisms, nearly all of which have allowed Virginia to |
|
expand and enhance its efforts to crack down on child support evaders. |
|
One such example is the suspension of driver's and professional |
|
licenses. Since Virginia's welfare reform law was implemented in July, |
|
1995, Virginia has suspended a total of 923 driver's licenses alone, |
|
generating collections in excess of $25 million. Virginia is moving |
|
toward full implementation regarding both occupational and recreational |
|
licenses, and denying passports to delinquent parents. |
|
Virginia's New Hire Program is another example. Thanks to federal |
|
welfare reform, Virginia now requires employers to report all new hires |
|
within 20 days of employment. This measure helps locate absent parents, |
|
enforce outstanding child support orders, and save administrative time |
|
and expense. Virginia also participates in the new federal program to |
|
place new hire information in a national database, in order to assist |
|
other state child support enforcement offices. Virginia also requires |
|
employers to ask employees at the time of hire to disclose the |
|
existence of any income withholding orders. As a result of these laws, |
|
wage withholdings between 1993 and 1995 rose 36%. Approximately $41 |
|
million in collections can be attributed to Virginia's New Hire |
|
Program, since its inception in July, 1993. |
|
Still more examples center around the general problem of pursuing |
|
interstate cases. Expanding the Federal Parent Locator Network to |
|
improve the collection of locate information on interstate cases, |
|
adopting more uniform state child support laws to improve enforcement |
|
activities between states, and allowing administrative enforcement of |
|
interstate cases, have all begun to ease the pursuit of child support |
|
evaders across state lines. In addition, the passage of the Uniform |
|
Interstate Family Support Act (UIFSA) in each state has given states a |
|
framework to process interstate cases more sensibly. Virginia is |
|
redoubling its efforts to train its staff on the intricacies of UIFSA |
|
rules, and working interstate cases. It is exploring the option of |
|
hiring private contractors to work the cases in other states where |
|
large caseloads and differing rules have prevented a Virginia case from |
|
being worked. It is developing a tracking program that will allow us to |
|
identify specific states and localities where one-on-one interaction is |
|
needed to resolve case processing problems. |
|
Other examples of improved enforcement techniques include mandating |
|
the use of a single case registry, the authority to enforce child |
|
support obligations from federal employees and members of the Armed |
|
Forces, and many changes in the law that allowed the administrative |
|
process to be streamlined. All of these elements of PRWORA--taken alone |
|
or together--have resulted in marked improvements to Virginia's child |
|
support enforcement efforts--particularly the ability to crack down on |
|
delinquent parents. |
|
In conclusion, PRWORA has served as the catalyst for the most |
|
comprehensive revisions to Virginia's Child Support Enforcement Program |
|
in its 25 year history. PRWORA's comprehensive elements also fully |
|
support Virginia's determination to clearly communicate society's lack |
|
of tolerance for those who fail in their responsibilities to |
|
financially support their children. |
|
|
|
Mr. Upton. Thank you, Mr. Young. |
|
Mr. Duke Dutkowski, welcome. |
|
|
|
TESTIMONY OF WALLACE N. DUTKOWSKI |
|
|
|
Mr. Dutkowski. Thank you, Mr. Chairman. I thank the members |
|
of the subcommittee for the opportunity to testify today. My |
|
name is Wally Dutkowski and I am the Director of the Michigan |
|
Office of Child Support. I would like to thank the committee |
|
members for their interest in the Child Support Multi-Agency |
|
Investigative Team or CSMIAT project. |
|
Nearly everyone in America is affected by the child support |
|
program. Ask your neighbor, your friends, or your relatives |
|
that they will have a story about someone owing child support |
|
or not being paid support. Many children are on assistance |
|
today because their parents have not paid their child support. |
|
The child support program is complicated to understand and |
|
difficult to administer. It is also highly emotional because it |
|
deals with two of the most sensitive issues possible, parents' |
|
children and their money. Children need the basics of shelter, |
|
food and clothing. Beyond those basics, what children want most |
|
is the love and attention of their parents. All too frequently, |
|
child support cases result in the non-custodial parent failing |
|
to provide any of these fundamental needs. |
|
How extensive is this problem of failing to pay support? In |
|
1999, Michigan referred over 300,000 cases in arrears to the |
|
Federal tax offset program. Those 300,000 cases represent |
|
approximately 35 percent of our caseload with child support |
|
orders. Unfortunately, being in arrears is an all too common |
|
occurrence. |
|
There are many kinds of non-custodial parents. Some will |
|
pay regardless of whether the child support agencies exist or |
|
not and these are among the most responsible people in America. |
|
Some parents do not pay because they do not work and lack the |
|
financial resources to pay. |
|
In Michigan, we began to use welfare to work funding to |
|
help every absence parent of a TANF recipient find a job. |
|
However, we found the criteria for welfare to work to be so |
|
complicated that we switched to funding the effort with TANF |
|
funds. That way, we only had to worry about getting non- |
|
custodial parents jobs and not the record keeping required for |
|
welfare to work funding. There are other parents who require |
|
more enforcement efforts. License revocation, income |
|
withholding orders and other enforcement tools assist us in |
|
enforcing orders against these parents. |
|
Then, there is the final group, the evaders. These are the |
|
most egregious cases. These parents did not walk away from |
|
their families, they ran, and they continue to run. These |
|
parents usually have an ability to pay their support, but they |
|
will do almost anything to avoid it. |
|
The last group is the one the Child Support Multi-Agency |
|
Investigative Team or CSMAIT is working on. Our efforts are |
|
aimed at sending a message that you can run but you cannot hide |
|
from your child support obligation. As one of our local |
|
sheriffs recently said, ``You can divorce your spouse, but you |
|
cannot divorce your children.'' We are not interested in |
|
putting non-custodial parents in jail. We simply want them to |
|
comply with their child support orders. |
|
Non-compliance with child support orders quickly becomes a |
|
law enforcement issue. The CSMAIT project is designed to bring |
|
child support and law enforcement together. CSMAIT provides |
|
resources to supplement current State efforts to pursue these |
|
evaders. The project is not to supplant what the States are |
|
already doing; it adds to it. |
|
When we began CSMAIT discussions with law enforcement |
|
agencies, we found we neither communicated nor coordinated |
|
efforts in any meaningful manner. CSMAIT was born in an attempt |
|
to formalize this effort, this new effort, of coordination. |
|
This effort is a work-in-progress. We are forming partnerships |
|
that did not exist even a few years ago. All of our efforts are |
|
directed toward a single outcome, ensuring evading, non- |
|
custodial parents support their children. |
|
In Michigan, the CSMAIT project includes the Federal Office |
|
of Child Support Enforcement, the Office of the Inspector |
|
General from HHS, the Justice Department, the FBI, both offices |
|
of the U.S. Attorney, the U.S. Marshal, the Family Independency |
|
Agency, the Friends of the Court, the Supreme Court, the State |
|
police, county sheriffs, local police departments and local |
|
prosecuting attorneys. Working together, these agencies have |
|
been able to accomplish so much more than they were able to |
|
when we failed to cooperate. |
|
For example, in 1992 the Child Support Recovery Act |
|
Congress and was signed into law by President Bush. From the |
|
time the law was signed until March 1998, Michigan referred 44 |
|
cases to the U.S. Attorney's offices. We obtained two |
|
convictions. Since April 1998, we have referred 338 cases to |
|
the CSMAIT project; 278 cases are currently open for |
|
investigation; 4 cases have been successfully prosecuted; 3 |
|
more non-custodial parents have been arrested and are awaiting |
|
prosecution; 2 more have warrants issued and are expected to be |
|
arrested shortly; and 3 additional cases are in various stages |
|
of prosecution using the Michigan felony statute. |
|
Results that are even more impressive have occurred because |
|
of the threat of prosecution. In less than 1 year, 61 non- |
|
custodial parents have agreed to pay over $2.3 million due to |
|
the threat of prosecution by this team, and we have only just |
|
begun. |
|
We must expand these efforts and we must send a message |
|
that States will work with parents to assist them in complying |
|
with their child support orders. However, when a parent |
|
abandons their responsibility, leaving the child and family |
|
more vulnerable to a life of poverty, we must be able to take |
|
swift and certain action. The message must be clear as |
|
possible. If you willfully attempt to evade your responsibility |
|
to your children, you will be prosecuted, regardless of how far |
|
you run. The CSMAIT projects sends that message. Tomorrow's |
|
adults are witnessing the message we send to today's non- |
|
compliant parents. Our message must be clear and it must be |
|
certain. |
|
I urge you to support the expansion of CSMAIT in the hopes |
|
that tomorrow, failing to support your children will be an |
|
issue we discuss in the past tense. Thank you. |
|
[The prepared statement of Wallace N. Dutkowski follows.] |
|
Prepared Statement of Wallace N. Dutkowski, Director, Office of Child |
|
Support, State of Michigan |
|
The State of Michigan respectfully thanks the subcommittee for the |
|
opportunity to provide this written testimony regarding the Child |
|
Support Multi-Agency Investigative Team or CSMAIT. The State of |
|
Michigan would also like to thank Chairman Fred Upton, and the members |
|
of this committee for addressing this important issue. I will describe |
|
the CSMAIT project in more detail shortly. First, let me begin with |
|
some background on why we are cooperating fully with this effort. |
|
background |
|
Nearly everyone in America knows about child support. Ask your |
|
neighbor, your friends or your relatives and they will have a story |
|
about someone owing support or not being paid support. At the same time |
|
almost no one understands the program. Worse yet, hardly anyone likes |
|
the program. It is complicated to understand, difficult to administer, |
|
highly emotional and it deals with two of the most sensitive issues |
|
possible--children and money. Many view the program as an inappropriate |
|
intrusion into parents' personal business. |
|
The truth is parents who choose to end their relationship with each |
|
other often cannot remain civilized toward each other. If children are |
|
involved, this change in the relationship can have debilitating effects |
|
on all family members. Children need the basics of shelter, food and |
|
clothing. Beyond those basics, what children want most is the love and |
|
attention of their parents. All too frequently child support cases |
|
result in non-custodial parents (or NCPS) failing to provide any of |
|
these fundamental needs. |
|
How extensive is this problem of failing to pay support? In 1999, |
|
Michigan referred over 300,000 NCPs to the federal tax offset program. |
|
The cases were at least three months behind in their payments or $500 |
|
or more in arrears (for non-TANF cases or $150 for TANF cases) in |
|
meeting their support obligation. Those 300,000 NCPs represent |
|
approximately 35% of our caseload with child support orders. |
|
Unfortunately, being in arrears is an all too common occurrence. |
|
Failing to support your children is a crime in every state, yet |
|
thousands of parents fail to comply with their child support orders. |
|
the problem we face |
|
There are many kinds of non-custodial parents. In a recent study, |
|
one of the nation's Title IV-D programs determined there were five |
|
types of NCPS. Describing the five types of NCPs will help you |
|
understand why we need the assistance of law enforcement agents in the |
|
child support program. |
|
Uninformed NCPS. |
|
These are the parents who are among the easiest to help. Our |
|
program can provide information to explain why and how you can comply |
|
with your child support order. In Michigan we stress the importance of |
|
having two parents involved in each child's life. For example, we |
|
started a publicity campaign featuring two Detroit Lion football |
|
players discussing the importance of being a father and the need to |
|
support your children--whether you are separated, divorced or were |
|
never married. |
|
Ready NCPS. |
|
These parents, which are many, would pay their support even if |
|
child support programs were not here to enforce it. They pay their |
|
support and they spend quality time with their children. These are some |
|
of the most responsible people in our country. |
|
Unable NCPS. |
|
These parents would support their children but they are unemployed. |
|
In Michigan we have a program that will help any NCP, who does not have |
|
a job and whose family is receiving public assistance, find employment. |
|
If a parent cannot pay their support because they have no income, we |
|
will help that parent find a job so that parent can fulfill their |
|
obligation to support their children. We ran this program with Welfare |
|
to Work money, but found that the criteria was so complicated and |
|
stringent that we are now funding the program out of our TANF money |
|
instead. By using TANF funds, we only have to worry about getting the |
|
NCP a job, not on the record keeping required by Welfare to Work |
|
funding. |
|
Reluctant NCPS. |
|
These are the parents who walk away and wonder why they should |
|
continue to support their children when public assistance is available. |
|
Whether it is the result of the negative experience with their former |
|
partner, frustration, or an unwillingness to take personal |
|
responsibility for their past behavior, these parents do not see the |
|
need to consistently pay support. For these parents, we have many tools |
|
to use. Thanks to Welfare Reform, passed by Congress in 1996, we have |
|
more tools today than before the Personal Responsibility and Work |
|
Opportunity Reconciliation Act was enacted. Among the tools we can use |
|
are mediation services, Income Withholding Orders, professional and |
|
drivers license revocation, passport denials and asset seizure |
|
processes. Reluctant NCPs need to constantly be reminded of their |
|
personal responsibility for their children. |
|
Evader NCPS. |
|
These are the most egregious cases. These parents did not walk away |
|
from their families--they ran. And they continue to run. These parents |
|
usually have an ability to pay support but have decided they do not |
|
want to. They will do almost anything to avoid paying support. They put |
|
their personal property in their parent's or their significant other's |
|
name. They move frequently. They use fictitious social security numbers |
|
and names. They are less concerned about their own personal well being |
|
than they are about avoiding paying their child support. |
|
why the child support program needs csmait |
|
This last group is the one the Child Support Multi-Agency |
|
Investigative Team is working on. Our efforts are aimed at sending a |
|
message that you can run but you cannot hide from your child support |
|
obligation. As one of our local sheriffs recently said, ``You can |
|
divorce your spouse but you cannot divorce your children.'' We are not |
|
interested in putting NCPs in jail. We simply want them to comply with |
|
the child support order. CSMAIT provides resources to supplement |
|
current state efforts, not to supplant what states are already doing. |
|
Most IV-D programs do not have sufficient staff to perform all the |
|
functions they are charged with at a satisfactory level of performance. |
|
This is particularly true in the area of enforcing orders where there |
|
is aggressive non-compliance. |
|
Non-compliance with child support orders quickly becomes a law |
|
enforcement issue. For years child support and law enforcement spent |
|
little time looking at the areas where our programs intersect. Dealing |
|
with law enforcement from a child support perspective, and vice versa, |
|
were necessary evils that were just part of the program. The CSMAIT |
|
project is designed to change all that so that both groups can see the |
|
common ground in their missions. |
|
When we began discussions about the interface between our programs, |
|
both child support and law enforcement agencies found a lot in common. |
|
We also found we did not communicate nor coordinate efforts in any |
|
meaningful manner. Through the efforts of the federal Office of Child |
|
Support Enforcement in HHS, the program began to explore ways to |
|
strengthen the relationship between state programs and federal, state |
|
and local law enforcement officials. CSMAIT was born in an attempt to |
|
formalize this new effort at coordination. This effort is a work-in- |
|
progress. We are forming partnerships that did not exist just a few |
|
years ago. The focus of the project is to improve coordination and |
|
cooperation between agencies. All of our efforts are directed towards a |
|
single outcome: ensuring Evading NCPs fulfill their personal and legal |
|
obligation to support their children. |
|
The CSMAIT project includes a myriad of agencies. In Michigan, we |
|
have included the following: from HHS--the federal Office of Child |
|
Support Enforcement and the Office of the Inspector General, the |
|
Justice Department, the FBI, both offices of the U.S. Attorney, the |
|
Family Independence Agency, the Friends of the Court, the State Supreme |
|
Court, the State Police, county sheriffs, local police departments and |
|
local prosecuting attorneys. Working together these agencies have been |
|
able to accomplish a great deal. |
|
Allow me to give you an example. In 1992 the Child Support Recovery |
|
Act was passed by Congress and signed into law by President Bush. This |
|
law made it a federal crime (a misdemeanor) to move from state-to-state |
|
to avoid paying child support. From the time the law was signed to |
|
March 1998, Michigan referred 44 cases to the U.S. Attorney's Offices |
|
in Michigan. From those 44 cases, we obtained two convictions. Since |
|
April 1998, we have referred 338 cases to the CSMAIT project. Of these |
|
cases, 279 cases are currently open for investigation by the Team. $9.9 |
|
million dollars is owed on those cases producing an average arrearage |
|
of over $35,000 per case. To date, four cases have been successfully |
|
prosecuted, three more NCPs have been arrested and are awaiting |
|
prosecution and two more have warrants issued and are expected to be |
|
arrested shortly. Three additional cases are in various stages of |
|
prosecution using the Michigan felony statute and CSMAIT investigative |
|
resources. Even more impressive results have occurred because of the |
|
threat of prosecution. In less than one year, 61 NCPs have come forward |
|
and entered into agreements to repay the $2.3 million they owe just due |
|
to the threat of action by the team. And we have only just begun. |
|
conclusion |
|
We must continue these efforts. We must send a message that states |
|
will work with parents to assist them in complying with their child |
|
support orders. However, when a parent abandons their responsibility, |
|
it leaves the child and family more vulnerable to a life of poverty. We |
|
must be able to take swift and certain action. For some NCPS, this |
|
means the ultimate threat of incarceration must be present. The CSMAIT |
|
project sends that message. This message must be as clear as possible. |
|
If parents willfully attempt to evade their responsibility to their |
|
children, they will be prosecuted, regardless of how far they run. |
|
Tomorrow's adults are witnessing the message we send to today's non- |
|
compliant NCPS. Our message must be clear and it must be certain. I |
|
urge you to support expansion of CSMAIT today, in hopes that tomorrow, |
|
failing to support children will be an issue we discuss in the past |
|
tense. |
|
|
|
Mr. Upton. Thank you very much. |
|
Mr. Skidmore. |
|
|
|
TESTIMONY OF DONALD SKIDMORE |
|
|
|
Mr. Skidmore. Thank you, Mr. Chairman. My speech goes over |
|
about a minute, so I am going to---- |
|
Mr. Upton. Okay. You can yield back time. We have had |
|
members do that today. |
|
Mr. Skidmore. Thank you. Ladies and gentlemen of the |
|
committee, I wish to thank you for this opportunity to speak on |
|
the issue of child support. I have been a Wayne County |
|
Sheriff's Deputy in Detroit, Michigan working under the |
|
direction of Sheriff Robert A. Ficano for 15 years. |
|
The last 6 years of my career has been as an investigator |
|
in the Friend of the Court unit. Myself and seven other |
|
investigators have been assigned to eight separate areas of |
|
Wayne County to serve civil neglect, non-support warrants. Our |
|
daily routine is that the eight of us would attempt to serve 28 |
|
warrants each for the area. For each warrant, we would knock on |
|
the door, ask for the defendant and, either, make an arrest or |
|
leave a card asking for the defendant to voluntarily turn |
|
himself into the court at his or her convenience. This has an |
|
approximate 5 percent success rate. |
|
With 300,000 child support cases in Wayne County and 10 |
|
percent of these cases having a valid civil warrant, this |
|
permits the investigator, usually, one attempt at arresting the |
|
defendant every year. Three common occurrences have been after |
|
a visit to the defendant's house, he calls up the complainant |
|
and has verbal and physical threats. For example, he says, |
|
``Why are you trying to do by sending the police to my house?'' |
|
The second one is notification by the complainant that |
|
defendant called and said he was in the house when we were |
|
there and there was nothing we could do to go inside the house. |
|
And, finally, third, the defendant has moved. |
|
If the defendant is not arrested by the investigator or |
|
does not turn himself into the court, our last chance of |
|
bringing the defendant in friend of the court is when another |
|
law enforcement agency has contact with the defendant in his |
|
jurisdiction. This usually occurs as a result of a traffic stop |
|
or criminal investigation or driver's license revoked and |
|
warrant check is performed. |
|
Unfortunately, child neglect, non-support warrants are a |
|
civil matter, and a large majority of agencies will not lodge a |
|
defendant on a civil matter because of, one: officer's time out |
|
of service to process and lock up the defendant; two, the |
|
liability while the subject is temporarily locked up in their |
|
facility--suicide and assault; and three, the lack of lock-up |
|
facilities or monitoring staff. When this occurs, the defendant |
|
is advised and released to appear. In other words, free to go. |
|
With such a large number of current cases and the |
|
nationwide increase in child support cases, very little time is |
|
available to the investigator to actually investigate a case-- |
|
time that is essential for requiring photos of the subject, |
|
contacting the complainant for any information, driver's |
|
license and vehicle inquiries, employment checks and |
|
surveillance. All of these are vital tools in bringing a |
|
defendant to quick justice and allowing the system of |
|
collections to work better for the children. When time is made |
|
available for investigating a case in Wayne County, the |
|
sheriff's department are unbiasedly tops in the Nation. Working |
|
in plain clothes as one-man units in unmarked vehicles in Wayne |
|
County where you are taking people to jail that really do not |
|
want to go. |
|
Often, this makes me wonder why anyone would stay in this |
|
position. With all the other units and positions available in a |
|
1300 man department and most of them with lots of overtime and |
|
glory, why do they stay? They get no overtime, they work 8 |
|
hours in disadvantaged neighborhoods observing children playing |
|
on barren dirt mounds with no toy trucks, dolls or spacemen, no |
|
shovels and pails, just children playing with the dirt next to |
|
used syringes and broken glass. We encounter uncooperative, |
|
rude and deceiving relatives, all of whom have been taught to |
|
always tell the police that the person they ask for isn't home. |
|
What an environment to expose something as precious as a child |
|
to. |
|
In the middle of all of this, I think back when I was a |
|
child and just reflect on how fortunate I was to have two |
|
loving parents that would give me and do anything for me and my |
|
three sisters--total, unconditional love. This kind of love and |
|
support seems to always carry on generation to generation is |
|
very much needed today. I understand everyone has the right to |
|
bring a child into the world. What I don't understand is the |
|
giving up on a child by a parent. Just because you no longer |
|
want to or can be with the mother or father of your child, does |
|
not mean that you walk out, ending your responsibility to your |
|
child. This is just the beginning. By leaving, you have |
|
complicated an already complex situation, raising a child. As |
|
human beings, we should have an inner desire and drive to bring |
|
a child or children in everything they deserve: love, family |
|
structure, food, shelter and a safe, healthy environment to |
|
grow. |
|
My wife and I are unable to conceive children and I can't |
|
imagine being able to give the gift of life and then turning my |
|
back on such a priceless gift. The average support order per |
|
child in Wayne County is $40 per week. I would work four jobs |
|
and collect bottles on the side to make sure I, at least, did |
|
that. I am not a parent, but I know you can't raise a child on |
|
$160 per month. Why would a person want to deprive a child of a |
|
fair chance in an already cruel world. |
|
The most difficult thing for me to understand is no visits, |
|
no birthday cards, no presents. I can't comprehend lying in bed |
|
as a child on my birthday and not getting even a phone call |
|
from my mother or father on such a personal and special day. |
|
I must add that not all cases are this heartless, but these |
|
kind are becoming all too common in today's society. Child |
|
support evaders know the system. They keep the bond money in |
|
their wallet, knowing they have a warrant but they won't go to |
|
jail if they pay the bond, and it will be another year before |
|
they have to worry about another warrant. Many non-payers |
|
reason that they will pay a $500 to $1,000 bond once a year as |
|
opposed to making 52 payments of $100, equaling $5,200. This is |
|
a benefit in savings t a delinquent parent who thinks, ``I'll |
|
show him or her.'' |
|
For these reasons, I am here today and I am still part of |
|
the unit. I have dedicated the rest of my career to child |
|
support enforcement. And after meeting Vanessa and Renata |
|
Kryskowski, you'll know why. Their unbelievable strength and |
|
courage is what gives me drive and desire to help children. As |
|
you may have already inferred, I wish all child neglect, non- |
|
support warrants were felonies. To me it is not a civil matter |
|
to provide for a child, it is criminal. |
|
Mr. Upton. I might just have to--you do qualify for the |
|
Senate by running over your 5 minutes. But if you could just |
|
summarize in a couple sentences, it would be appreciated. |
|
Mr. Skidmore. Okay. I am not very good at that. The |
|
Michigan child support task force--Sheriff Robert A. Ficano |
|
being aware of the position, was the top law enforcement in the |
|
State of Michigan, that agreed to allow me to be a part of this |
|
child support task force. He knew it was not going to be funded |
|
at the time, and he still allowed me to be a part of it. That |
|
kind of got me--I am kind of thrown now here because I couldn't |
|
read all the way through. |
|
But, I believe the child support task force that is going |
|
on now is a good thing and needs to be here. What the child |
|
support task force is for me is I take two Federal warrants, |
|
ten civil warrants, one criminal warrant. And that's what the |
|
child support task force consists of for me, and I prosecute |
|
those people. |
|
[The prepared statement of Donald Skidmore follows.] |
|
Prepared Statement of Donald Skidmore, Investigator, Wayne County |
|
Sheriff's Department |
|
Ladies and gentleman of the committee, I wish to thank you for this |
|
opportunity to speak to you on the issue of child support enforcement. |
|
I have been a Wayne County Sheriffs Deputy in Detroit, Michigan |
|
working under the direction of Sheriff Robert A. Ficano for 15 years. |
|
The last six years of my career has been as an investigator in the |
|
Friend of the Court Unit. Myself and seven other investigators have |
|
been assigned to eight separate area's of Wayne County to serve Civil |
|
Neglect/Non-Support warrants. Our daily routine is that the eight of us |
|
would attempt to serve 25 warrants each for the area. For each warrant |
|
we would knock on a door, ask for the defendant and either make an |
|
arrest or leave a card asking the defendant to voluntarily turn himself |
|
in to the court at his or her convenience. This has only an approximate |
|
5% success rate. With 300,000 child support cases in Wayne County and |
|
10% (30,000) of these cases having a valid civil warrant, this permits |
|
the investigator usually one attempt at arresting the defendant every |
|
year. |
|
Three common occurrences after a visit to the defendants last known |
|
address are: |
|
|
|
1. Verbal and/or physical threats to the complainant. For example the |
|
defendant calls the complainant and says ``What are you trying |
|
to do by sending the Police to my house?'' |
|
2. Notification by complainant that the defendant called and said that |
|
he or she either answered the door or was in the house during |
|
the officers visit. |
|
3. The defendant has moved. |
|
If the defendant is not arrested by the investigator or does not |
|
turn himself into the court, our last chance of bringing the defendant |
|
in front of the court is when another law enforcement agency has |
|
contact with a defendant in their jurisdiction. This usually occurs as |
|
the result of a traffic stop or a criminal investigation where a |
|
drivers license and warrant check is preformed. Unfortunately, Child |
|
Neglect/Non-Support warrants are a civil matter and a large majority of |
|
agencies will not lodge a defendant on a civil matter because of: |
|
|
|
1. Officers time out of service to process and lockup defendant. |
|
2. Liability while subject is temporarily locked up in their facility |
|
(i.e. suicide and assault). |
|
3. Lack of lockup facilities or monitoring staff. |
|
When this occurs, the defendant is ``advised and released to |
|
Appear.'' In other words--free to go. |
|
With such a large number of current cases and the nationwide |
|
increase in child support cases very little time is available to the |
|
investigator to actually investigate a case. Time that is essential for |
|
acquiring photo's of the subject, contacting the complainant for any |
|
information on the defendant, drivers license and vehicle inquiries, |
|
employment checks and surveillance. All of these are vital tools in |
|
bringing a defendant to quick justice and allowing the system of |
|
collections to work better for the children. When time is made for |
|
investigating a case the Wayne County Sheriffs--Friend of the Court |
|
enforcement investigator's are unbiasedly tops in the nation. Working |
|
in plain clothes, as one man units, in unmarked vehicles, in Wayne |
|
County, where you're taking people to jail that really do not want to |
|
go, often this makes me wonder what keeps everyone in the unit? With |
|
all the other units and positions available in a 1,300 man department, |
|
and most of them with lots of overtime and glory, why do they stay? |
|
They get no overtime. They work eight hours in disadvantaged |
|
neighborhoods, observing children playing on baron dirt mounds with no |
|
toy trucks, dolls or spacemen; no shovels and pails, just children |
|
playing with the dirt next to used syringes and broken glass. We |
|
encounter uncooperative, rude and deceiving relatives all of whom have |
|
been taught to always tell the police that the person they ask for |
|
isn't home. What an environment to expose something as precious as a |
|
child to. In the middle of all of this I think back when I was a child |
|
and just reflect on how fortunate I was to have two loving parents that |
|
would give and do anything for me and my three sisters, total |
|
unconditional love. This kind of love and support seems to always carry |
|
on generation to generation and is very much needed today. I understand |
|
everyone has the right to bring a child into the world, what I don't |
|
understand is the giving up on a child by a parent. Just because you no |
|
longer want to or can be with the mother or father of your child does |
|
not mean that you walk out ending your responsibility to your child. |
|
This is just the beginning, by leaving you have complicated an already |
|
complex situation (raising a child). As human beings we should have an |
|
inner desire and drive to bring a child or children up with everything |
|
they deserve: love; family structure; food; shelter; and a safe healthy |
|
environment to grow. |
|
My wife and I are unable to conceive children, and I can't imagine |
|
being able to give the gift of life and then turning my back on such a |
|
priceless gift. The average child support order per child in Wayne |
|
County is $40 per week. I would work four jobs and collect bottles on |
|
the side to make sure I at least did that. I'm not a parent but I know |
|
you can't raise a child of any age on $160 per month. Why would a |
|
person want to deprive a child of a fair chance in an already cruel |
|
world? The most difficult thing for me to understand is no visits, no |
|
birthday cards and no presents. I can't comprehend laying in bed as a |
|
child on my birthday and not getting even a phone call from my mother |
|
or father on such a personal and special day. And I must add that not |
|
all cases are this heartless but these kind are becoming all to common |
|
in today's society. |
|
Child support evaders know the system. They keep the bond money in |
|
their wallet, knowing they have a warrant, but they won't go to jail if |
|
they pay the bond and it will be another year before they have to worry |
|
about another warrant. Many non-payers reason that they'll pay a $500 |
|
to $1,000 bond once a year as a opposed to making 52 payments of $100 |
|
equaling $5,200. This is a benefit and a savings to the delinquent |
|
parent who thinks ``I'll show him/her!'' |
|
For these reasons I am here today and I am still part of the unit. |
|
I have dedicated the rest of my career to child support enforcement and |
|
after meeting Vanessa and Renata, you'll know why. Their unbelievable |
|
strength and courage is what gives me my drive and desire to help |
|
children. As you may have already inferred I wish all Child Neglect/ |
|
Non-Support warrants were felony's. To me its not a civil matter to not |
|
provide for a child it is criminal. |
|
This brings me to how I met Vanessa and Renata. Sheriff Robert A. |
|
Ficano agreed that child support enforcement in Wayne County needed to |
|
be stepped up. The Wayne County Sheriff Department and the Wayne County |
|
Friend of the Court were contacted by Special Agent Scott Vantrease of |
|
the Office of the Inspector General for the Department of Health and |
|
Human Services. It was agreed to by all agencies to commit an |
|
Investigator to a New Federal Pilot Program. The Michigan Child Support |
|
Multi-Agency Investigative team (CSMAIT). Sheriff Robert A. Ficano |
|
being aware that the position would not be funded by the federal |
|
government was one of only two top law enforcement officials that would |
|
commit an officer for the one year trail period. My assignment to the |
|
task force then began on July 1, 1998. The investigative portion of the |
|
task force consists of many hardworking and caring people including an |
|
Oakland County investigator April Hutchings, Special Agent Scott |
|
Vantrease, Sergeant Kevin Losen of the Wayne County Sheriffs Department |
|
and members of other Federal and State Law enforcement Agencies as well |
|
as many more people that have supported and participated in the task |
|
force that I have not been able to acknowledge, but they are out there |
|
and it would not have worked without them.. |
|
In 72 working days we put together an office, a policy manual, and |
|
results that included 7 federal prosecutions, 64 civil warrant arrest, |
|
and 1 state criminal prosecution (the first prosecution for non-child |
|
support in Wayne County, the Philip Romita case). Combined these cases |
|
collected $3,773,276.10 in child support arrearages. |
|
In early 1999 Wayne County, through the Prosecutor's Office, has |
|
put together an aggressive commitment to prosecute 25-40 state criminal |
|
non-support cases by the end of the year. The Michigan Child Support |
|
Multi-Agency Investigative Team was the first group contacted to be a |
|
part of this program and I am extremely excited about all of this. |
|
In closing, we all know there is a need for child support |
|
enforcement. The long standing question is who funds it? Without the |
|
task force Vanessa and Renata would not be here and we know there are a |
|
lot more of them out there to help. I hope the people in Washington |
|
realize the direct benefits to children by funding child support |
|
enforcement. Thank you. |
|
|
|
Mr. Upton. Well, we appreciate your work and we appreciate |
|
very much your testimony today. |
|
Ms. Turetsky. Thank you. |
|
|
|
TESTIMONY OF VICKI TURETSKY |
|
|
|
Ms. Turetsky. Chairman and committee members, my name is |
|
Vicki Turetsky from the Center for Law and Social Policy. I |
|
appreciate the opportunity to testify before you today. |
|
Although it's not listed on my resume, one of the experiences |
|
I've had is that I used to be a low-income mother with a non- |
|
paying interstate child support case. |
|
The Department of Health and Human Services project is |
|
intended to address the most egregious child support cases. |
|
Some of these cases are the kind that get in the newspaper. |
|
They are very difficult cases to prosecute and they require a |
|
disproportionate amount of resources. There is a clear role for |
|
this Federal collaboration. The integrity of the child support |
|
system, like any law enforcement and criminal justice system, |
|
depends on its capacity to go after the worst offenders. |
|
Successful prosecution of active evaders can help set a climate |
|
where payment of child support, like taxes, is expected and |
|
automatic. It sends a societal message that you are responsible |
|
for the children you bring into this world. It helps persuade |
|
reluctant obligers that you cannot get away without paying. It |
|
helps the families involved. |
|
Federal sponsorship of the project is important because |
|
many active evaders cross State lines to avoid payment. Just as |
|
important, States often do not have the resources to pursue |
|
these cases systematically and they need the help. However, the |
|
HHS project has only a limited role in improving the overall |
|
performance of the child support program. It relies on our |
|
resource-intense case-by-case approach. Yet, this is a high |
|
volume business, and there is not time nor money to spend on |
|
every individual case. |
|
The majority of non-paying child support cases do not |
|
involve active, malicious evaders and hidden assets. They |
|
involve men and women scraping by, reluctant to pay when it's |
|
easy to avoid getting caught, and only tenuously attached to |
|
their children. These are, also, tough cases to work. To |
|
improve performance, the child support program needs systemic |
|
improvements as well as case by case strategies. Over the last |
|
2 or 3 years, program performance has improved, slowly but |
|
steadily in some States. However, in many States, performance |
|
has not improved. And the truth is that the program has a long |
|
way to go in every State before it makes a difference in most |
|
children's lives. The program must tackle a number of |
|
challenges on a system-wide basis. |
|
Let me mention five challenges. Insufficient resources is |
|
the first challenge; it is the heart of the matter. A recent |
|
analysis that we conducted indicates there is a direct |
|
correlation, a statistical correlation, between State |
|
performance and program resources. Most State programs are |
|
substantially underfunded and understaffed, compared to other |
|
human services programs. The data indicates the performance |
|
improves when staffing and spending levels increase. This is a |
|
situation where many State programs do not have enough |
|
resources to run an effective program. They do not know who is |
|
in their caseload; they do not have time to answer calls from |
|
parents; they do not have the resources to respond to computer |
|
prompts and work lists. The average child support worker |
|
carries over 1,000 nationwide. And, in some State, that |
|
staffing ratio is much higher. As TANF cases and collections |
|
decline, some States may see their budget and performance |
|
deteriorate. |
|
The second challenge is troubled automation efforts. The |
|
certification for State child support computers was October 1, |
|
1997. Only 37 States and territories are certified to date. |
|
While HHS review results in a number of those States, nine |
|
States, in particular, are lagging behind. Why has automation |
|
been so difficult. There are a number of reasons, but let me |
|
mention two. |
|
One is the computer vendors have not always delivered |
|
systems that perform well or on time. Technical expertise is |
|
particularly in short supply now as Y2K demands escalate. The |
|
other is the States with complex administrative and political |
|
environments have had the most trouble automating. According to |
|
a recent CLSP survey, most States with locally administered |
|
programs in contrast to State-run programs reported that it was |
|
harder and more costly to implement the State-wide computer. |
|
A third challenge is the implementation of new PRWORA |
|
requirements. Most child support directors say that the |
|
significant reforms enacted in PRWORA will help program |
|
performance. While it's still too early to judge, the full |
|
impact PRWORA gives States many of the tools they need and |
|
addresses many of the legal problem raised by the first panel. |
|
However, they are not easy to implement; they involve system |
|
changes; and they require the active cooperation of local |
|
players. |
|
A fourth challenge is realignment of child support with |
|
welfare reform. The system was originally set up to recover |
|
welfare costs, but with the decline of these cases and the |
|
focus on self-sufficiency, the Federal Government and States |
|
need to rethink the role of child support in time-limited TANF |
|
and to better position the program to help families become and |
|
remain self-sufficient. |
|
And the fifth challenge is to reevaluate the program's |
|
structure to centralize and streamline their administrative |
|
structure in some cases, to collaborate with HHS in expanding |
|
the Federal role in interstate enforcement. The Federal parent |
|
locator service operated by HHS has great potential for helping |
|
bridge the gap in enforcement in interstate cases and hard-to- |
|
find obligers. In some, while HHS is to be commended for its |
|
multi-agency collaboration, much more needs to be done. |
|
[The prepared statement of Vicki Turetsky follows.] |
|
Prepared Statement of Vicki Turetsky, Senior Staff Attorney, Center for |
|
Law and Social Policy |
|
I appreciate the opportunity to testify before you today. My name |
|
is Vicki Turetsky. I am a Senior Staff Attorney at the Center for Law |
|
and Social Policy. CLASP is a non-profit organization engaged in |
|
research, analysis, technical assistance and advocacy on issues |
|
affecting low-income families. CLASP has focused on child support |
|
issues for many years. |
|
The Department of Health and Human Services's Project: Save Our |
|
Children (Child Support Multi-Agency Investigative Team Project) is |
|
intended to address the most egregious child support cases: those |
|
noncustodial parents who can easily afford to support their children, |
|
owe a good deal of money, but deliberately walk away. They quit their |
|
jobs. They hide their assets. They change their Social Security |
|
numbers. They skip from state to state. They taunt their family over |
|
the Internet. These are not the ordinary child support cases. These are |
|
the kind of cases that get in the newspaper. They are very difficult |
|
cases to prosecute and require a disproportionate amount of resources, |
|
resources that state child support programs can not easily spare. |
|
The HHS project attempts to marshall and enhance the resources to |
|
pursue these evading noncustodial parents. The project is a |
|
collaborative effort to coordinate child support and law enforcement |
|
agencies at the federal, state, and local level. It relies on a case- |
|
by-case strategy. The HHS screening unit essentially takes referrals |
|
from state child support programs for some of the most difficult cases |
|
and ``builds the file.'' If the case is an interstate case, the file is |
|
turned over to the U.S. attorney for prosecution under the Child |
|
Support Recovery Act. If it is an intrastate case, it is referred to |
|
local prosecutors. While it is too early to assess the benefits and |
|
costs of the project, it shows early promise. |
|
There is a clear role for this federal initiative. The integrity of |
|
the child support system partly depends on its capacity to go after the |
|
worst offenders. Successful prosecution of active evaders can help set |
|
a climate where payment of child support, like taxes, is expected and |
|
automatic. It sends a moral message that it is wrong to avoid paying |
|
child support. It sends a deterrent message to reluctant obligors that |
|
they can not get away with not paying. It sends a prophylactic message |
|
to young men and women that they are responsible for the children that |
|
they bring into the world. Federal sponsorship of the project is |
|
important because many active evaders cross state lines to avoid |
|
payment. Just as important, states often do not have the resources to |
|
pursue these cases systematically, and they need the help. |
|
However, the HHS project has only a small role in improving the |
|
performance of the child support program. It relies on a resource- |
|
intense, case-by-case approach. Yet this is a high-volume business, and |
|
there is not time or money to spend on every individual case. The |
|
majority of nonpaying child support cases do not involve active evaders |
|
and hidden assets. They involve men and women scraping by, reluctant to |
|
pay when it is easy to avoid getting caught, and only tenuously |
|
attached to their children. These also are tough cases to work. Some |
|
have excuses for not paying. Some have geniune hardships. Some are |
|
unemployed. Yet children need the support--financial and emotional--of |
|
both parents. Most children are worse off financially than their |
|
noncustodial parents. |
|
The child support program is complex, difficult to administer, and |
|
in many ways works against itself. There are a lot of mixed messages in |
|
the program. It is supposed to recover welfare costs, but it is |
|
supposed to help families achieve self-sufficiency. It is supposed to |
|
aggressively pursue ``deadbeat dads,'' but it is supposed to respond |
|
flexibly to low-income fathers. It is supposed to collect support in |
|
every case, but it is not supposed to intrude in people's lives. It is |
|
supposed to operate as a highly automated, streamlined program, but it |
|
is supposed to rely on a diverse and fragmented group of judges, clerks |
|
of court, and district attorneys to staff the program. |
|
To improve performance across-the-board, the child support program |
|
needs systemic improvements, as well as case-by-case strategies. Over |
|
the last two or three years, the program performance has improved |
|
slowly but steadily in some states. This is likely attributable to |
|
increased automation, a stronger federal role in finding noncustodial |
|
parents, new paternity and enforcement tools enacted by the Personal |
|
Responsibility and Work Opportunity Reconciliation Act of 1996, and a |
|
stronger economy. However, in many states, performance has not |
|
improved. The truth is that the program has a long way to go in every |
|
state before it makes a difference in most children's lives. The |
|
program must tackle a number of challenges on a system-wide basis: |
|
Insufficient resources. A recent analysis conducted by CLASP |
|
indicates that there is a direct correlation between state performance |
|
and program resources. The data indicate that most state programs are |
|
substantially under funded and understaffed compared to other human |
|
services programs. The data also indicates that performance improves |
|
when staffing and spending levels increase. This is a situation where |
|
many state programs do not have enough resources to run a cost- |
|
effective program. They do not know who is in their caseload. They do |
|
not have time to answer calls from parents. They do not have the |
|
resources to respond to computer prompts and work lists. The average |
|
child support worker carries over a 1,000 cases nationwide, and in some |
|
states, the staffing ratio is much higher. According to a recent study |
|
by the Lewin Group, a third of states rely at least in part on TANF |
|
collections to fund their child support program. As TANF cases and |
|
collections decline, some states may see their budget and performance |
|
deteriorate. Other states will face budget declines as a result of new |
|
federal incentive payment rules enacted by Congress last session. |
|
Troubled automation efforts. The certification deadline for state |
|
child support computers was October 1, 1997. Only 37 states and |
|
territories are certified to date. While HHS review results are pending |
|
in a number of states, nine states are lagging behind.<SUP>1</SUP> Why |
|
has automation been so difficult? There are a number of reasons, but |
|
let me mention two. One is that computer vendors have not always |
|
delivered systems that performed well or on time. Technical expertise |
|
is in particularly short supply now, as Y2K demands accelerate. The |
|
other is that states with complex administrative and political |
|
environments have had the most trouble automating. This is not simply a |
|
``big state problem,'' although big caseloads are a part of the |
|
complexity. Rather, it is primarily those big states in which the child |
|
support program is administered by counties, the local courts, or |
|
locally-elected district attorneys. According to a recent CLASP survey, |
|
state child support directors reported many benefits from automation. |
|
However, most states with locally-administered programs reported that |
|
it was harder and more costly to implement the statewide computer. The |
|
implementation challenge will not be over once these states have |
|
certified systems. Computer management is a continuous process. States |
|
will have to upgrade or replace existing systems to comply with PRWORA |
|
and to avoid obsolete technology. |
|
--------------------------------------------------------------------------- |
|
\1\ As of November 1998. California, Indiana, Kansas, Michigan, |
|
Nebraska, Nevada, Ohio, Pennsylvania, and South Carolina. The District |
|
of Columbia and the Virgin Islands also are lagging behind. |
|
--------------------------------------------------------------------------- |
|
Implementation of new PRWORA requirements. Most child support |
|
directors say that the significant reforms enacted in PRWORA will help |
|
program performance. However, they are not easy to implement. Most of |
|
the reforms involve computer systems changes, while many require the |
|
active cooperation of the courts and local child support officials. For |
|
example, the centralized disbursement unit should help improve payment |
|
processing and get money to families faster. However, in some states, |
|
local clerks of court are reluctant to centralize payment processing. |
|
State programs need time and resources to integrate these changes. But |
|
children need their help now. |
|
Realignment of child support with welfare reform. The child support |
|
system was originally set up to recover welfare costs, and nearly all |
|
of the cases in the system involved current welfare recipients. |
|
However, with the decline in TANF caseloads and as the program has |
|
evolved over time, two-thirds of the cases now involve low-income |
|
working parents who have left or were never on welfare. The federal |
|
government and states need to rethink the role of child support in a |
|
time-limited TANF world, and to better position the program to help |
|
families become and remain self-sufficient. This means getting more |
|
support in the hands of families, providing better services to low- |
|
income mothers and fathers, and allocating more federal and state |
|
resources to service delivery. The current emphasis on recovering |
|
welfare costs may actually work against welfare reform goals, |
|
encouraging some states to underinvest in the program and to underserve |
|
low-income working families. |
|
Reevaluating the program structure. For many years, advocates have |
|
encouraged states to centralize and streamline their administrative |
|
structure, and to expand the federal role in interstate enforcement. |
|
While there is no easy solution to a state's complex operating |
|
environment, many states are taking a closer look at the strengths and |
|
weaknesses of county-based and court-based structures. The Federal |
|
Parent Locator Service, operated by HHS, has great potential for |
|
helping bridge the gap in enforcement in interstate cases and hard-to- |
|
find obligors. The program needs to sort out which functions and |
|
activities are best performed at the federal, state, and local levels |
|
in order to develop a more coherent program structure. |
|
In sum, the child support program is in the middle of change. |
|
Caseload research, development of improved program models, federal |
|
leadership, and effective state implementation are all critical |
|
ingredients in improving the program. While HHS is to be commended for |
|
its multi-agency investigative initiative, much more needs to be done. |
|
|
|
Mr. Upton. Thank you. I am going to yield my 5 minutes to |
|
Mr. Bryant, who has a 12:30 meeting. So, Mr. Bryant. |
|
Mr. Bryant. Thank you, Mr. Chairman. I will try to be as |
|
quick as I can, because I do want to hear from all of you on |
|
certain questions. We have got 5 minutes, so let me move on. |
|
But I am going to ask the questions now. |
|
Let me see, we have Deputy Skidmore from Michigan. I want |
|
you, in a minute, to tell me about credit reports and access to |
|
credit information and if that would be helpful, and that |
|
issue. |
|
For the rest of the members of the committee, I would like |
|
to know, maybe, one obstacle that we might could change--we |
|
might remove at the Federal level, if there was one thing you |
|
could change in your collection efforts. And let me see, Mr. |
|
Young, you are from Virginia? |
|
Mr. Young. Yes, sir. |
|
Mr. Bryant. Being from Tennessee, we have no State income |
|
tax. But I assume States that have income tax, do they not |
|
withhold? |
|
Mr. Young. Yes, sir, we intercept both State and Federal. |
|
Mr. Bryant. Okay. That was my question, if you do the |
|
State's. But if, again, if we could start with Deputy Skidmore, |
|
and then the rest of you could chime in with the one thing that |
|
you think would give you the most assistance. |
|
Mr. Skidmore. Yes, credit reports is something that I've |
|
just found out about. One of the other counties in Michigan |
|
uses them. It is an amazing tool. Before you could do nothing |
|
but run a vehicle and a driver's license check. With a credit |
|
report, you run the report, they have something: a credit card, |
|
a house, a boat; something is on there. Then I would subpoena |
|
these records, and without a doubt, they would inflate their |
|
income or say that they have been working for 20 years when, in |
|
fact, they have been reporting to the friend of the court that |
|
they have been working on and off at all times. |
|
It was something I just came in contact with. They're |
|
studying--apparently, I asked them to look into the legalities |
|
of utilizing these credit reports for my prosecution, and they |
|
are supposed to get back to me on it. But, it is a great tool, |
|
it provides a wealth of information in tracking down somebody. |
|
And every time they apply for a card or credit card or credit |
|
anywhere in the country, it shows up on their TRWs. So I just |
|
go to that State for further information. But it's a great |
|
tool. |
|
Mr. Bryant. And you have access to that now and the States |
|
cooperate and it seems to work? |
|
Mr. Skidmore. Only through the task force have I actually |
|
gained access into this. Oakland County, which is the county |
|
next to me, is part of the task force in Michigan and they have |
|
a direct line. They pay so much money--a system set up where |
|
they can run credit reports on our cases. |
|
Mr. Bryant. Okay. And the rest of you, if you could just |
|
speak, if you could have one thing to contribute that would |
|
improve the collections? |
|
Mr. Hartwig. My confidence to speak is somewhat shaken by |
|
the fact the last time I did, everyone left. But---- |
|
Mr. Upton. We waited for the buzzer to go off. |
|
Mr. Hartwig. Our office, the Office of Inspector General, |
|
has made a number of recommendations. The one that I think is |
|
the most important is the garnishment, not just of wages but of |
|
Federal benefits. As we have looked at our child support |
|
enforcement efforts where payment is made directly, where the |
|
non-custodial spouse does not personally make payments but the |
|
payment is made directly through a garnishment, it is a much |
|
better system. And I know that some of those garnishments can |
|
be done administratively; some of those garnishments, I |
|
believe, need legislation. But I think garnishment is probably |
|
the most effective way of getting the money to the proper |
|
person. |
|
Just quickly, I will say that one of the things that we |
|
have implemented in the task force is access to the data bases |
|
that can be used to track down parents and to make that |
|
available to all levels of law enforcement. |
|
Mr. Monahan. I would add that since we are at the beginning |
|
of implementing this task force, it is probably a little early |
|
to know exactly what obstacles we will face. I will note the |
|
President's budget calls for an increase in support for the |
|
U.S. Attorneys' offices so that they could obtain additional |
|
paralegal assistance to help them process cases in every |
|
district of the country. I think that would be a big step |
|
forward. |
|
Mr. Young. Sir, I would submit that judicial independence, |
|
being what it is, and we all respect that--but you saw one lady |
|
sit here today who told you her husband had been to jail twice. |
|
And, it made no impact. So, I would submit, it is not an |
|
obstacle. But, I would submit, and many of you are lawyers, |
|
practicing attorneys, that you would look at the sentencing |
|
guidelines to see how people are being put in jail and for what |
|
length of time, and see if you are satisfied with those |
|
guidelines to our judiciary. |
|
Mr. Bryant. Chairman, can I have 1 more minute for one more |
|
speaker--or, I am sorry, maybe two? |
|
Mr. Dutkowski. Representative, I feel like a child whose |
|
mother said you can have one toy in Toys 'R Us, and I was |
|
thrown back by the question, and the only thing I could tell |
|
you from my perspective, given what I learned in 6 years in |
|
this program, is I wish you could give me a way to get to both |
|
parents the message that the kids count, that the kids are |
|
important. I have seen parents do amazing things to each other |
|
and their children in the name of getting even with each other. |
|
And, I just wish I had some way of figuring out how to make |
|
this program teach those parents that that is just absolutely |
|
ridiculous and foolish. |
|
Ms. Turetsky. I feel the same way. I would say, continued |
|
Federal financial support of the program. Expanded, an expanded |
|
Federal role in interstate and hard-to-find cases. And, if I |
|
can cheat with one more thing, Federal HHS development of |
|
research data and models for States to draw on in running their |
|
programs. |
|
Mr. Bryant. Thank you, Mr. Chairman. |
|
Mr. Upton. Thank you. Mr. Klink. |
|
Mr. Klink. Thank you, Mr. Chairman. |
|
Mr. Hartwig, I want to assure you I think the IG's office |
|
has been very committed and creative in taking on this role. |
|
The task force, I think, is a good example of this, but I am a |
|
little bit concerned that the IG's office has taken on the |
|
front-seat job of driving this thing and the FBI and the |
|
Justice Department appear to be in the backseat, not treating |
|
these cases as if they are real crimes. And, you know, I may |
|
give you an example of what I am talking about. |
|
According to the memorandum of understanding that set up |
|
these task forces, the IG takes on the role as director of |
|
operations in each of these task forces. I would like to know |
|
why that is. In fact, if this is really a priority for Federal |
|
law enforcement, and we are trying to send a message that it is |
|
important to track down these deadbeat parents, why isn't the |
|
FBI assuming that position as the Nation's designated |
|
investigator for Federal crimes? |
|
Mr. Hartwig. I think the initial look at the task force was |
|
a partnership between the Office of Inspector General and the |
|
Office of Child Support Enforcement. And, I think we looked at |
|
it as our oversight role looking at child support enforcement. |
|
And, as we got into the investigation, the criminal |
|
investigation of child support, we thought if we looked to take |
|
all the resources that were available, Federal, State and |
|
local, including the FBI, including the United States Marshal |
|
Service, I think we have asked the Customs Service to join the |
|
task force, that we thought that we had an important, |
|
coordinative role. I don't know that the FBI could do a better |
|
job, but I think we looked at it as a partnership between us |
|
and the Office of Child Support Enforcement. I think as we look |
|
at the task forces and how they operate, I know we see a role |
|
for local law enforcement having a supervisory role. I think it |
|
was a natural progression that we would take over the |
|
investigative leadership; the Office of Child Support |
|
Enforcement would take over the leadership on the |
|
administrative side. I don't think it was due to any lack of |
|
emphasis on the Federal Bureau of Investigation's part. |
|
Mr. Klink. Well, I wish, I actually wish, again, Mr. |
|
Chairman, that we had the FBI here. I would like to hear from |
|
them. And, hopefully, in an additional hearing on down the |
|
road, we can do that. Because, I mean we really have to get to |
|
the bottom of this. We are dealing with such a minuscule number |
|
of cases also. And, that troubles me, too, that we don't have |
|
more resources to deal with a wider range of these cases. |
|
Normally, the Inspector General is in charge of auditing |
|
and evaluating the effectiveness of the programs. However, when |
|
the Inspector General actually is implementing the program, you |
|
can't be expected to, also, be an independent evaluator. |
|
Now, in the next few weeks, I want to ask the General |
|
Accounting Office to review the role of the FBI and the U.S. |
|
Attorney's office in Federal child support enforcement efforts. |
|
One of the questions that I want to ask is whether the FBI and |
|
the U.S. Attorneys are hiding behind the Inspector General's |
|
efforts instead of carrying out the responsibilities for |
|
prosecuting Federal crimes that Congress has given them. |
|
Before we finish here today, I want to put on the record a |
|
correspondence between Mr. Hartwig and the Department of |
|
Justice concerning why the IG should become special U.S. |
|
marshals and carry guns to prosecute child support cases. And I |
|
want to quote from an early 1996 memo from a Justice attorney, |
|
``Unfortunately, the FBI is unable to devote the full manpower |
|
and resources necessary to effectively police the Child Support |
|
Recovery Act. Additionally, the fugitive units lack experience |
|
and training in what are often called white collar |
|
investigations.'' |
|
Mr. Hartwig, I would just ask you to kind of respond to |
|
that, and is it still true today that the cases are in the |
|
FBI's fugitive units and that they are incompetent in their |
|
ability to investigate all of these--in addition, let's face |
|
it, the FBI has some very, very serious cases. I am not |
|
minimalizing what the FBI is doing. I am just saying that as |
|
these things stack up, they are combating terrorism; they are |
|
combating drug dealers; they are combating internet crime; |
|
they--all the things that they are doing, where does this fit |
|
in? |
|
Mr. Hartwig. Let me answer the question in two parts. |
|
First, the Office of Inspector General has three components: |
|
audit, evaluation and investigations. And, Investigations is |
|
staffed by criminal investigators that conduct criminal |
|
investigations, and have been doing so for years. Actually, I |
|
think, in answer to the deputization question--our first--the |
|
Conference of Special Deputy U.S. Marshal Status on OIG agents |
|
was, I think, in 1987 and had to do with healthcare. |
|
Mr. Klink. Let me just stop you for a second. Are you |
|
auditing yourself throughout this process? |
|
Mr. Hartwig. That is the second issue. I think, as we look |
|
at partnership, our first partnership in HHS was Operation |
|
Restore Trust, where we partnered with the Health Care |
|
Financing Administration and the Administration on Aging on |
|
health care. It is a fine line where you look to partner with |
|
one of the components and exercise oversight. And, I think, in |
|
this case, we look at it as a law enforcement partnership. But |
|
we can still have our oversight role as far as how well the |
|
Office of Child Support Enforcement is doing with, for |
|
instance, the parent locator system. We are currently auditing |
|
that today. We are looking at how well the Office of Child |
|
Support Enforcement looks at reevaluating the child support |
|
orders. I think it is a difficult line for the IG. But I think |
|
we can partner with operating divisions on law enforcement |
|
issues while looking to prosecute and bring people who should |
|
be prosecuted to justice. At the same time, we can maintain our |
|
oversight role--nothing personal--but maintain our oversight |
|
role with respect to the individuals or agencies that we |
|
partner with. |
|
Mr. Klink. I thank you for your patience, Mr. Chairman. |
|
Perhaps you didn't understand my question, Mr. Hartwig. |
|
Where is the FBI in all of this? |
|
Mr. Hartwig. They are an active member of the task force. I |
|
think they assign most of these cases to the fugitive squad, |
|
because many of them are, indeed, fugitives. And, I would not |
|
criticize--I don't know the memo you wrote. I don't---- |
|
Mr. Klink. Well, they are saying they are not competent to |
|
deal with it. They don't, apparently, don't have the manpower, |
|
and then, they don't have access to the Internet. I mean, I |
|
don't know what is going on, but there is no evidence here that |
|
the FBI is competently going after significant numbers of these |
|
people. |
|
Mr. Hartwig. I found them to be competent. I think their |
|
fugitives because they are fugitives. One of the things we have |
|
tried to do at the task force is take the approach that the |
|
whole is greater than the sum of the parts. I am uncomfortable |
|
with representing the commitment of the FBI, but they have been |
|
in active partnership with us. We have actually exchanged |
|
supervisors with the FBI and we look to cooperate and to use |
|
whatever resources are available to the most effective level. |
|
Mr. Klink. Well, thank you very much, Mr. Chairman. I will |
|
ask the GAO to take a look at this, because, with this hearing, |
|
you have raised some issues and I don't think we have put them |
|
to rest. Thank you. |
|
Mr. Upton. Thank you. As I listened to the testimony of all |
|
of you and read it over last night, one of the things that |
|
really sticks out as a red flag to me is the Child Support |
|
Recovery Act which Congress passed in 1992. I cannot imagine |
|
very many--I don't remember the specific vote; I am sure I |
|
voted for it, sort of like being against fraud and abuse. I am |
|
against it; we are all for child support recovery, but it |
|
doesn't look like we had a very good record between then and |
|
when we passed the welfare reform bill. |
|
Mr. Dutkowski, I think you mentioned that you had referred |
|
only--or Michigan had referred only--44 cases during that 6 |
|
years, maybe 5 years by the time the regs were put out, to the |
|
U.S. Attorney's office and for some reason they only were able |
|
to convict two. So, the big change was, in fact, the welfare |
|
reform bill. |
|
My district is on the State line with Indiana, so we have a |
|
lot of folks that leave one State and go to the other and they |
|
just, sort of, disappear. But what did we not do in the Child |
|
Support Recovery Act that we did do in welfare reform? |
|
What is the big difference that made the States react in |
|
such a positive way? Was it the relationship that was |
|
established with the national task force in terms of the three |
|
States of which Michigan was blessed to be one? What was it? |
|
Mr. Dutkowski. Mr. Chairman, I would like to answer a |
|
couple of those issues. First of all, when the initial law was |
|
passed, it was a misdemeanor. And, trying to convince law |
|
enforcement in other States to respond to a misdemeanor when |
|
they have so many issues facing them on a felony level, it was |
|
very difficult to get those cases addressed. |
|
The other thing was that the U.S. Attorneys, very honestly |
|
early on, had so much going on that taking misdemeanor to court |
|
was not viewed as a good use of their resources. So, the |
|
criteria was very stringent for them receiving a case from us. |
|
And, so we had a lot of work to do to get cases put together |
|
to, even, be accepted by the U.S. Attorney. |
|
What has happened since then is that the modification in |
|
the law to make it a felony, welfare reform which has drawn |
|
more attention to this issue, and this project which, along |
|
with the Department of Justice's focus on this and message to |
|
the U.S. Attorneys that this is important. And, when that has |
|
occurred over the last 2 or 3 years, we have had more contact |
|
with the U.S. Attorneys. And, in the last year under this |
|
project, we have had more cases accepted by the project with |
|
much fewer criteria, which made it easier for us to refer those |
|
cases. |
|
Mr. Upton. Again, as I read the testimony and as I listened |
|
the last hour, TANF comes up quite a bit. This is the funds |
|
that were approved for the States. Our Governor has used these |
|
dollars very wisely, has tried to hold Congress off at the pass |
|
for stealing the money back after a 5-year commitment was made. |
|
And, I think every State has been there with their hand up. |
|
When you look and listen to some of the statistics, Mr. |
|
Young, you talked about, for every dollar you spend, you |
|
collect $5.64. That is a pretty good deal. Tell me what some of |
|
the--I mean, are all the States being as good as Michigan has |
|
been? Are you using in Virginia the TANF funds? Maybe Mr. |
|
Monahan and Mr. Hartwig, sort of, overseen the whole country. |
|
Are all 50 States beginning to use this as, sort of, money that |
|
maybe they didn't think was going to be because of the progress |
|
made in welfare? Said, ``Hey, we have a pretty good return on |
|
these dollars coming back''; shall we follow the same example |
|
that was led by John Engler? |
|
Mr. Young. Absolutely, and as Mr. Dutkowski said, he went |
|
from welfare to work to using TANF dollars. Some of that is |
|
going on in Virginia as well. This is probably one of the best |
|
funded programs on the social side of the house that you will |
|
see. It is a generous program, would probably be the best way |
|
to put it at 66 percent reimbursement from the Office of Child |
|
Support Enforcement. It is not a ``get rich'' scheme. It does |
|
not give you lavish money, but it is generous enough that you |
|
can run the program and hire the people and buy the computers |
|
you need, if you fill out the right forms and do the right |
|
things. |
|
Mr. Upton. Mr. Monahan. |
|
Mr. Monahan. Mr. Chairman, you are exactly right. Since the |
|
President signed the welfare bill, we have found that States |
|
across the country have been using their TANF funds in creative |
|
ways to help people go from welfare to work and try to succeed. |
|
While TANF provides funding to States in a very flexible |
|
fashion, as you know, since 1975 there has been a separate |
|
child support program. As Mr. Young noted, the Federal |
|
Government provides 66 percent match for all administrative |
|
activities related to child support enforcement. The Federal |
|
Government provides substantial resources for all the |
|
enforcement tools that have been discussed by the panelists |
|
here and raised by you and others about how to locate parents, |
|
secure orders and enforce them. |
|
So, States really have two vehicles, although the main one |
|
really is the separate funding for child support. |
|
Mr. Upton. Mr. Hartwig, do you want to add to that? |
|
Mr. Hartwig. I have nothing to add. |
|
Mr. Upton. Okay. Mr. Burr. |
|
Mr. Burr. Thank you, Mr. Chairman. Let me ask, is there |
|
anybody that doesn't feel that Project Save Our Children is an |
|
effort in the right direction? Great, okay. I think Mr. Bryant |
|
gave everybody an opportunity to make that one statement; in |
|
some cases we gave more. |
|
But I think that, certainly, I would encourage all of you |
|
submit to this committee in writing, if you would like to |
|
expand on it. I am sure that the gentleman at the end of the |
|
table would be more than willing to read those and incorporate |
|
those in. |
|
Mr. Dutkowski, what change in Michigan, what couldn't you |
|
do before Project Save Our Children that you can do now? |
|
Mr. Dutkowski. Well, let me give you one good example that |
|
Representative Stupak mentioned. When he was State police |
|
officer, he would arrest someone in Detroit who had an arrest |
|
warrant from the upper peninsula. And, what do we do with him? |
|
We can't get him up there. And, I was telling a staff person |
|
that we have resolved this problem. We got everybody to the |
|
table under this project and you heard the long list of people |
|
that I mentioned are involved. And, when we got them to the |
|
table, the State police said, ``Well we move from site to site. |
|
We have posts all over the State. Why don't we, when you have |
|
somebody like that, pick them up and we will, basically, relay |
|
them from post to post and get them from where they are to |
|
where they need to be?'' There are very few, and I don't know |
|
about Wayne County, but there are very few that will go more |
|
than 60 miles to pick up someone. So, the State police have |
|
stepped forward and said, ``We'll do that.'' And, it is just a |
|
routine part of our process. We are going from place to place |
|
and we will transport them. |
|
The opening of communication has made a huge difference in |
|
terms of people taking responsibility for this, as something |
|
they have not paid as much attention to. And, when we break it |
|
down to its simplest elements, that this is a crime against |
|
children, they step forward and start dealing with that. And I |
|
have tried in 6 years, the 5 years before the project to find a |
|
way to do that and was totally unsuccessful until Chief Deering |
|
and Matt Kochanski from the IG's office came forward and said, |
|
``We'll help you.'' And it made all the difference in the world |
|
for us. |
|
Mr. Burr. Clearly, I believe Mr. Skidmore today would have |
|
driven that--success factor---- |
|
Mr. Dutkowski. He can only drive one at a time. |
|
Mr. Burr. But I think you hit upon a much bigger theme, and |
|
I think that is what this committee needs to understand is that |
|
it wasn't until the partnership was formed between the Federal |
|
Government and State. Not that we have taken Mr. Monahan or Mr. |
|
Hartwig's creation and tried to force it. It is more the |
|
statement that was made by the formation of the partnership, |
|
not only to those deadbeats, but to the court system to law |
|
enforcement on a local level, that we are serious. We are |
|
serious in completing the task that we have been charged with |
|
doing. |
|
I am less concerned, Mr. Hartwig, with who plays what role, |
|
whether the FBI takes the lead or whether--whoever takes the |
|
lead. I am more concerned with the outcome. Are we making |
|
progress? How do we duplicate what we have done? Where else do |
|
we need demonstration projects and what do you need to do them? |
|
Less concerned with authorship and more concerned with success. |
|
I really don't care who plays what role as long as it is your |
|
belief and our belief that we are making progress. |
|
Mr. Skidmore, you have made the first arrest under Project |
|
Save Our Children or the first--I guess it was arrest of the |
|
ex-husband. Am I correct? |
|
Mr. Skidmore. I was the first arrest in Wayne County under |
|
the criminal statute, but me being part of the child support, |
|
the task force here, I take two Federal cases, ten civil cases |
|
and one criminal case. That was the first case in Wayne County |
|
ever to be prosecuted under the felony statute in our State. |
|
So, it was the task force that did that, but it was through the |
|
State that the prosecution took place. |
|
Mr. Burr. And, can you tell us anything about that arrest? |
|
Mr. Skidmore. It was quite the big ordeal. We had a lot of |
|
people involved and Mr. Rometta, the gentleman we arrested, all |
|
the news cameras, all five stations in the city of Detroit were |
|
there for the arrest. And we brought him down to the station. |
|
He wasn't aware of what happened. He just thought he was |
|
getting arrested, pay another $1,000, he told me, and I will be |
|
out, you know. This crazy female attorney is chasing after me |
|
and she won't leave me alone. And it turned out, we informed |
|
him a little while later that he was the first person charged |
|
in the State of Michigan, Wayne County, for a felony. He was |
|
facing up to 4 years in Jackson prison. |
|
Mr. Burr. What was his reaction? |
|
Mr. Skidmore. Oh, his knees crumbled and we had to hold him |
|
up there for a minute. He was---- |
|
Mr. Burr. What do you believe the message was that was sent |
|
to other deadbeats in that viewing areas in Michigan. |
|
Mr. Skidmore. It was powerful. It was powerful. My phone--I |
|
had three offices for all the different things and the phone |
|
was off the hook. People, clerks in the courtroom where we |
|
arraigned him, were sending me messages. They had cases they |
|
wanted all done. The news media on it--when we arrive back in |
|
Detroit tomorrow, all of the news channels are going to be |
|
there again to interview Vanessa and Renata. And, it is just |
|
going to be another huge, positive thing that is going to |
|
happen. And, we don't use high dollars or low dollars. We just |
|
pick randomly. And that is what I think is a really neat |
|
message it sent. You know, you don't have to be $100,000 |
|
behind. No, you can be $5,000 behind, $4,000 behind. You never |
|
know if we are going to come after you and charge you with a |
|
felony. |
|
Mr. Burr. Last question and then one comment if I could: I |
|
am not going to ask you, Mr. Hartwig or Mr. Monahan, how you |
|
came to the selection criteria of the $20,000 the 1 year in |
|
arrears, that type of thing. I think, clearly, whoever made |
|
that process had to distinguish in some way. And I think that |
|
the women that were in earlier, when they said, ``Why not |
|
$10,000?'' I think that is a question we would all ask. Why not |
|
$1? |
|
But let me commend the effort in the right direction, your |
|
willingness to refine this as we go through the process. And, |
|
let me suggest to all that are on this panel and the members |
|
that several of you hit on the key. Never let us forget whose |
|
human face it is behind the issue that we are trying to solve. |
|
It is those who have the least effect on the entire process, |
|
and I think, clearly, the partnership could expand to include |
|
many more people. And, I reference to the American people who |
|
would gladly join in this effort, as long as they feel we are |
|
serious and we are successful at it. |
|
With that, let me yield back, Mr. Chairman. |
|
Mr. Hartwig. Let me just, if I could, respond to what I |
|
think is a very legitimate concern that you had concerning the |
|
targeting of just money. And, that benchmark was one of the |
|
benchmarks that we have established. We have made it clear that |
|
we are also looking at the financial ability of the non- |
|
custodial spouse to pay. But we have also had a benchmark that |
|
where the health and welfare of children are at risk, that we |
|
would take any of those cases. And, we have actually prosecuted |
|
cases where the arrearage is--I can recall one in Pennsylvania, |
|
the arrearage was $6,000 and that case was prosecuted in |
|
Federal court because of the issue related to the health and |
|
welfare of the children. I share your concern and I don't think |
|
that we should ever make child support purely a financial |
|
consideration because it is the welfare and health of children |
|
that we are talking about here. |
|
I think, as we look at this task force, the monetary amount |
|
was one of the benchmarks that we used to determine |
|
egregiousness. But, we had a case here in Virginia, if I could |
|
just digress for a moment, where the custodial spouse was |
|
working and in danger of losing her position because of a |
|
daughter that required constant feeding. And, even though the |
|
arrearages of that amount was not a great amount, we thought |
|
that that case required a Federal presence and a Federal |
|
prosecution since the non-custodial spouse had moved out of the |
|
State. |
|
Mr. Burr. Thank you. |
|
Mr. Upton. Thank you, Mr. Burr. |
|
Just a couple of questions, sort of, to follow up. Mr. |
|
Young, you talked about one of the things that you have done in |
|
Virginia is to send letters to some 57,000 folks. Are all of |
|
those, or some of those outside the State of Virginia, as well? |
|
Were they all in-state? |
|
Mr. Young. They were the 57,000, if you will, most |
|
egregious and some of them were out-of-state. And, we got some |
|
response. Admittedly, we get more response from within the |
|
State of Virginia because we have more control in the State of |
|
Virginia. |
|
Mr. Upton. And, does the State of Virginia--are they able |
|
to take away driver's license or try and restrict or garnish |
|
wages, garnish pensions? |
|
Mr. Young. Yes, yes, the legislature of Virginia passed |
|
that law in 1995, and unfortunately, it was before the two |
|
ladies testified today. That law was not in effect at that |
|
time, and so we have passed that law to take away drivers' |
|
licenses. And, we have revoked 923 licenses and we are going to |
|
revoke a whole lot more. |
|
Ms. DeGette said that just the impetus to the threat, the |
|
notice of intent to revoke the license. That is growing old and |
|
a lot of the non-custodial parents get the notice of intent and |
|
they say, ``fine,'' and they are starting to drive anyway. |
|
Then, we take their license. They up the ante and they drive |
|
without the damn license. It doesn't help any. |
|
Mr. Upton. And, what do you do with folks that, say, find |
|
greener pastures and move to Michigan from Virginia? Are you |
|
able to dun their wages? Are you able to have some reciprocal |
|
agreements with States? And, if so, how many? |
|
Mr. Young. That is the beauty of the connection with the |
|
Federal case registry that comes out. I am receiving, as of |
|
last month, 2,000 new employee records a day in Virginia. I am |
|
having trouble processing them. Every day I am getting new jobs |
|
where so and so went to work in Idaho, Michigan, Kansas, |
|
whatever. First, we verify is he employed there, and then we |
|
send an automatic wage withholding to that company in Michigan |
|
or wherever and---- |
|
Mr. Upton. And, it works? |
|
Mr. Young. And, does it work, too, from folks who |
|
tragically leave our State, Mr. Dutkowski? |
|
Mr. Dutkowski. The few who leave, it does work, yes. |
|
Mr. Upton. Mr. Skidmore, we are delighted to help. This was |
|
a great story and wonderful effort to remind folks in Michigan |
|
in terms of what is happening in Michigan, and hopefully, the |
|
other 17 States that embark on a similar thing as Ohio, |
|
Illinois and Michigan have done. But, I noticed in your |
|
testimony that you talked about 300,000 folks that pay child |
|
support or are supposed to pay child support. I presume, when |
|
you talk about those, maybe, Mr. Dutkowski, you can comment, |
|
too, it probably follows the national trend line which, of |
|
those 300,000, only a quarter are up to speed in terms of |
|
making their payments. Is that about right? So, three quarters |
|
of those are not. |
|
Mr. Dutkowski. I would really like to answer that question |
|
because that did come up earlier in the discussion, and the |
|
facts I have in front of me are from the Office of Child |
|
Support Enforcement Report, the 158 that we submit to the |
|
Federal Government for fiscal year 1998. And in that of all the |
|
cases in Michigan on public assistance, we collected 31.1 |
|
percent ahead of collection, which is much higher than you will |
|
find in an average. But, what I wanted to bring to your |
|
attention is the non-public assistance rate. Among people who |
|
are not on public assistance, current support is being |
|
collected at a rate of 72 percent for people who are not on |
|
assistance. It is much, much tougher to enforce cases where |
|
public assistance is involved. And in part, that is because the |
|
resources on the part of the non-custodial parent aren't quite |
|
as great. |
|
So, we are collecting on about 30 percent of the cases |
|
across the board who are on public assistance. And overall in |
|
Michigan, it is probably close to 40 percent for everyone, when |
|
you consider non-custodial parents, as well, or non-public |
|
assistance cases. |
|
Mr. Upton. Mr. Hartwig, you indicated in your testimony |
|
that a third of the kids in public assistance lack paternity |
|
tests? |
|
Mr. Hartwig. In Michigan, I am pretty sure, you don't get |
|
on public assistance if you don't name the father. Isn't that |
|
right? |
|
Mr. Dutkowski. That is one of the requirements for public |
|
assistance. You have to cooperate with the child support |
|
program. Yes, sir. |
|
Mr. Upton. Do you know about how many other States have-- |
|
does North Carolina have that? |
|
Mr. Monahan. Mr. Chairman, every State is required to make |
|
parents cooperate as a condition of receiving public |
|
assistance. Even with cooperation, though, sometimes paternity |
|
isn't established. I have the State by State figures here. |
|
[The information follows:] |
|
|
|
Average Number of Children Requiring Paternity Determination, FY 1998 |
|
---------------------------------------------------------------------------------------------------------------- |
|
States Total States Total |
|
---------------------------------------------------------------------------------------------------------------- |
|
Alabama....................................... 147,332 Montana................................... 4,340 |
|
Alaska........................................ 7,297 Nebraska.................................. 18,794 |
|
Arizona....................................... 161,529 Nevada.................................... 17,243 |
|
Arkansas...................................... 93,300 New Hampshire............................. 6,060 |
|
California.................................... 119,099 New Jersey................................ 86,626 |
|
Colorado...................................... 27,450 New Mexico................................ 16,277 |
|
Connecticut................................... 28,305 New York.................................. 246,365 |
|
Delaware...................................... 13,205 North Carolina............................ 2,934 |
|
District of Columbia.......................... 46,949 North Dakota.............................. 7,188 |
|
Florida....................................... 225,407 Ohio...................................... 187,414 |
|
Georgia....................................... 128,829 Oklahoma.................................. 35,469 |
|
Guam.......................................... 3,287 Oregon.................................... 31,265 |
|
Hawaii........................................ 9,098 Pennsylvania.............................. 108,420 |
|
Idaho......................................... 11,098 Puerto Rico............................... 2,263 |
|
Illinois...................................... 345,984 Rhode Island.............................. 19,588 |
|
Indiana....................................... 59,453 South Carolina............................ 112,379 |
|
Iowa.......................................... 24,073 South Dakota.............................. 1,543 |
|
Kansas........................................ 13,997 Tennessee................................. 70,882 |
|
Kentucky...................................... 50,631 Texas..................................... 221,853 |
|
Louisiana..................................... 130,198 Utah...................................... 10,301 |
|
Maine......................................... 11,951 Vermont................................... 2,058 |
|
Maryland...................................... 79,349 Virgin Islands............................ 1,969 |
|
Massachusetts................................. 63,670 Virginia.................................. 148,442 |
|
Michigan...................................... 89,980 Washington................................ 29,117 |
|
Minnesota..................................... 47,146 West Virginia............................. 23,919 |
|
Mississippi................................... 106,192 Wisconsin................................. 48,020 |
|
Missouri...................................... 79,474 Wyoming................................... 22,164 |
|
---------------------------------------------------------------------------------------------------------------- |
|
Nationwide Totals......................... 3,607,176 |
|
---------------------------------------------------------------------------------------------------------------- |
|
Source: Form OCSE-156 |
|
|
|
Mr. Upton. Thank you. Mr. Burr, do you have further |
|
questions? |
|
Mr. Burr. Just one followup. I am curious--to both of you |
|
at the end of the table--what electronically, what with the |
|
technological changes might either be out there today that are |
|
unutilized or around the corner that may be utilized in the |
|
future that Congress should be aware of, not only from the |
|
confidentiality side but from our ability to give everybody in |
|
this process the access to use? |
|
Mr. Monahan. I think, we should, first, be proud of what we |
|
have done. The welfare bill of 1996 provided access to |
|
electronic databases that have opened up a world that really |
|
wasn't available to child support enforcement. A national |
|
directory of new hires was established to show when a non- |
|
custodial parent moves and changes jobs. Within a couple of |
|
days, you can find out where that person is using the system. |
|
We are just beginning to work on access to financial |
|
institutions and other sources of information about where non- |
|
custodial parents are. |
|
Undoubtedly, sir, I am sure there are going to be things |
|
that we will want to do down the road to enhance that capacity. |
|
I think that we and our partners, the States--and you are great |
|
to identify two of these extraordinary child support directors |
|
here on the panel with us as we all implement this project, we |
|
are going to find other things that are needed. In the child |
|
support program over the last couple of years, we have been |
|
adding new data bases and new opportunities to track people |
|
that just weren't there previously. |
|
Jack, is there anything? |
|
Mr. Hartwig. I don't have much to add, except that I think |
|
one of the things that we have tried to do is, as you deal with |
|
a number of investigations, you find new data that is available |
|
to you and new uses for that data. I don't know that I could |
|
point to single restrictions related to law enforcement on the |
|
use of that data. There are some restrictions on the sharing of |
|
the data, where we may have access on the Federal level to |
|
data. Some of that data--there is an inability for us to share |
|
with a local police officer or a State police officer. I could |
|
get more information for you on that. I know there are some |
|
restrictions that, if we obtain the data federally, as to |
|
whether we can share that in a purely State investigation. |
|
Mr. Burr. I would be willing to bet that, if the truth be |
|
known, the credit card company that is sending the next |
|
application probably knows about the move much quicker than we |
|
do, the one chasing. |
|
Mr. Young. Sir, I would like to only add two other |
|
opportunities, technologically, that need to be explored. The |
|
financial institution data matches working with the banks. Make |
|
no mistake, the banking industry is not really anxious to work |
|
with us. And, I won't speak for them, but I will tell you I |
|
have worked with them and they are committed to the |
|
confidentiality of your and my bank records. And, I understand |
|
that. |
|
Mr. Burr. All your banks in Virginia are now owned by North |
|
Carolina companies. |
|
Mr. Young. There is no such thing as a Virginia bank |
|
anymore. |
|
Mr. Upton. Is that why First Union is laying off 6,000 |
|
people? |
|
Mr. Young. My brother works for First Union, I think. |
|
But anyway, the other thing is electronic signatures. For |
|
as many times as we brought the two ladies into our offices to |
|
do things, sign these documents and bring the Federal marshals |
|
the warrants and sign affidavits and give them some things--I |
|
am trying to get a law introduced in Virginia for electronic |
|
signatures. When you go into Sears and buy something, you walk |
|
out with a paper. They don't keep any paper. They have got your |
|
signature. So, I want to try to introduce that. The judicial |
|
system is not necessarily embracing that and we need some help |
|
in that area. |
|
Mr. Burr. Amazon.com did not require my signature, either, |
|
when I did it from my computer at home. |
|
Mr. Young. Absolutely. |
|
Mr. Burr. I thank the chairman. |
|
Mr. Upton. Well, thank you. Again, I appreciate all of you |
|
for staying with us this morning. You have provided some very |
|
valuable testimony, and we wish you very well in the cause that |
|
we all support. Thanks very much for your leadership. |
|
For the record, there are a number of items that we are |
|
going to ask to be submitted. |
|
And you are now excused. Thank you. |
|
[Whereupon, at 12:56 p.m., the subcommittee was adjourned.] |
|
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|
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