Mendocino County District Attorney Family Support Division

The FSD must seek to collect reimbursement from absent parents for payments expended by the State for Temporary Assistance to Needy Families (TANF), which replaced Aid to Families With Dependent Children (AFDC), in the support of dependent children. Response (District Attorney): Agree with the finding in part, but want to add that the Family Support Division collects child support for children regardless of the aid or non-aid status of the child, upon request of any party to the case. Response (Board of Supervisors): The Board agrees with this finding.

Dependent children or their custodial parent may request the FSD to collect payment of court-ordered support from an absent parent. 82 1999-2000 Mendocino County Grand Jury Final Report Response (District Attorney): Agree with the finding in part, but feel compelled to add that child support collection by this department may be preceded by a court order, as in the case of a dissolution order which includes support, or it may be the consequence of one of the parties contacting this department for service. Services may include the location of the non-custodial party, the establishment of paternity, and the establishment of an order for support by way of summons, complaint, stipulation, contested hearing or other means, and then the enforcement of the resulting order. A great many of our cases are direct referrals from the Department of Social Services, where the custodial party collecting welfare has little discretion not to co-operate with our office in the establishment and enforcement of a case. When the case comes in from that office, it is treated just the same as any other. We do not discriminate in the servicing of cases depending on where or how the case originated. We treat everyone equally under the law. Response (Board of Supervisors): The Board agrees with this finding and the response provided by the District Attorney – Family Support Division.

The FSD is mandated to collect monetary reimbursements and other assets from absent parents. Response (District Attorney): Agree with finding 3 in general, but the collection of money and interception of assets is just one of the thousands of mandated functions that we have. Response (Board of Supervisors): The Board agrees with this finding.

With a lawful judgment against the absent parent, the FSD may: a. attach wages, b. take federal and state income tax refunds, c. take drivers license, and d. initiate bad credit statements against the absent parent's name. Response (District Attorney): Agree with the finding in part, but the finding lists just a fraction of the economic remedies we can use against a recalcitrant non-custodial party. The available remedies encompass any collection vehicle available in the Civil Code and within judgment debtor law. In addition, for those non-custodial parties who are resistant to the best practices we can employ in the civil arena, there is the possibility of criminal prosecution for non-support or child abandonment. 1999-2000 Mendocino County Grand Jury Final Report 83 Response (Board of Supervisors): The Board agrees with this finding but notes that the District Attorney – Family Support Division has numerous other means to seek payments.

The FSD may collect funds from the absent parent of one child in a home and all biological children of the same mother living in that home. Response (District Attorney): Disagree with this finding because the FSD must collect funds from the absent parent if legally possible. The amount collected mostly depends on the income of the absent parent, the income of the custodial parent and the percentage of custody of that child they share. The amount paid may be more in proportion to the pro-rata share of welfare for that particular non-custodial party’s child who may be living in a welfare home with the custodial parent. To that extent, the non-custodial party may be contributing to welfare reimbursement for other biological children of the same mother who is the custodial parent. However, unless there is a biological connection between the non-custodial parent and the other children or unless there is a judicially recognized parental relationship between the non- custodial parent and the other children, there is no direct legal obligation for support. Response (Board of Supervisors): The Board agrees with the response provided by the District Attorney – Family Support Division. They must collect funds from the absent parent if legally possible.

It has been reported to the Grand Jury that absent parents often appear in court without adequate knowledge of their rights, privileges and duties. Response (District Attorney): Agree with this finding, for the reasons stated below under Recommendation. Response (Board of Supervisors): Local government can always do more to educate our citizens in the processes we employ. The Board believes every effort is done within reason by District Attorney – Family Support to notify and educate the parties of their rights and procedures. The parties must make the effort to educate themselves given the resources available to them.

The FSD is in the process of becoming a separate department of Mendocino County government. The Family Support Unit will be under the direct authority of the Board of Supervisors. It will no longer be a division of the District Attorney. Response (Board of Supervisors): The Board agrees with this finding. Response Required Mendocino County Board of Supervisors Mendocino County District Attorney Response Requested 1999-2000 Mendocino County Grand Jury Final Report 87 Mendocino County Family Support Unit 88 1999-2000 Mendocino County Grand Jury Final Report