BREAKING THE “CYCLE”
BY USING
ALTERNATIVES TO INCARCERATION
The threat of going to jail or going to jail for failure to pay child support is just a temporary “fix” that most District Court Judges us in collecting child support. The daunting task of trying to persuade non-custodial parents to work and pay their child support obligation is one of the most difficult as judges listen eight hours a day to the most depressing cases from the hardest to serve population.
THE “CYCLE”
The “Cycle” is a familiar one. Dad is ordered to pay child support, Dad doesn’t pay, Dad is issued a show cause, Dad is served, Dad comes to court, Dad is found in contempt, Dad is ordered to pay a purge or go to jail, Dad pays the purge (generally $500), Dad is released and the “cycle” repeats itself over and over again.
INNOVATION
In October of 1999, the state implemented a new collection procedure that mandated all child support payments under order would be received by one central location, North Carolina Child Support Collections. In order to collect child support in the most efficient and effective manner and due to the need for more consistency in disposition and docket control in the child support courtroom, Wake County focused on assigning one judge to the child support courtroom.
The goal to achieve was three-fold: (1) that the consistency of one judge would result in an increase in the daily disposition of cases; (2) the amount of support collected would increase; and (3) the monthly payments received under the new statewide child support collection system would be on a more consistent monthly basis and more children would benefit financially.
In July of 1999, Judge Kristin Ruth, volunteered to preside in the Wake County Child Support courtroom. Fortunately, this was a time when several resources were being funded and implemented due to the focus on the family and the Fatherhood Initiatives.
Working for Kids (WFK), an employment service organization operated through Wake County Human Services whose mission is to work with non-custodial parents of children who are either unemployed or underemployed and having difficulty meeting their child support obligations. (Some of the families are receiving TANF assistance and others were not).
WFK was looking for avenues to identify non-custodial parents who were faced with barriers to employment and needed assistance in job readiness and life skills. Judge Ruth requested that a representative from WFK be present in the child support courtroom and she would incorporate in her orders that the parent participate with the program providing they met the criteria. If the parent failed to participate and pay their child support or find employment they would suffer other consequences, such as jail time. WFK works closely with all areas of Wake County Human Services (Alcohol Treatment Centers and Job Link to name a few).
Carolina Dispute Settlement Services (CDSS) provides cost free mediation services for families where one parent has not been able to see his or her child or children. One of the main reasons, or excuses, a non-custodial parent doesn’t pay child support is because they are not allowed to visit the child or children. The cases in IV-D child support court are such that custody and visitation orders are primarily non-existent as the parties are financially unable to secure legal services. Providing the parties are unable to settle the matter through voluntary medication, a parent may file through the court system using eh prepared custody and visitation packet that CDSS offers. A “file yourself clinic” is offered twice monthly to accommodate the number of people in need of establishing a relationship with their children. Although not ordered by the court, the CDSS information has been made readily available in the child support courtroom and has been very successful in developing communication between the parties and, in turn, has created a better attitude and willingness for the non-custodial parent to pay child support.
Electronic Monitoring (EM), through Reliant Monitoring Services, has proven to have a significant affect on the non-custodial parent in paying their child support. In 2000, with the collaborative efforts of the Wake Electronic Monitoring Program, Child Support Enforcement and the District Court, EM was implemented in the child support courtroom.
The genesis of the program was instituted by through the pre-trial release program in order to reduce jail over-crowding. Generally, the criminal non-violent offenders and civil non-compliant payors are granted the opportunity to be “hooked up” with an ankle bracelet so as to ensure their appearance at the next court hearing and to monitor a person’s location. This has proven to be an effective alternative to incarceration for the non-custodial parent in a child support case. Instead of going to jail for non-compliance, the non-custodial parent could be placed on electronic monitoring, ordered to participate with the Working for Kids program and /or continue to go to work. The parent’s extra curricular activities are restricted as they are confined to their residence if they are not at work.
Many have paid their arrears payments in full or paid a substantial amount so as to avoid being placed on EM.
THE “MODEL”
In hopes of “breaking the cycle”, Judge Ruth decided to incorporate into her orders the resources that were already available to her and implement a new innovative approach to the collection of child support. The collaborative efforts of the representatives of Electronic Monitoring, Working for Kids, and Carolina Dispute Settlement Services and the support of the other judges, has enabled Judge Ruth to work towards increasing child support collections by using alternatives to incarceration. This new approach to the collection of child support benefits children financially, provides opportunities to the unemployed and underemployed, creates a more favorable family atmosphere, saves the taxpayer’s money and reduces over-crowding in the jails. The facts indicate that progress is being made.
THE FACTS
1. Wake county child support enforcement has approximately 17,500 current active files.
2. From July 2004 through December 2005, Wake County has an average of 350 new child support cases being filed each month.
3. From July 2005 through May 2006, Wake County collected $32,168,812 that exceeds all prior collections in Wake County.
4. The cost incurred by the county per day on Electronic Monitoring is approximately $10.49.
5. The cost of housing one inmate in jail per day is approximately $68.00.
6. The use of 63 EM units (due to budget constraints in 2005/06) versus the previous years’ 80 EM units for the non-violent criminals and non-custodial delinquent payors in child support cases in the 1st quarter of 2005/06 reflected a cost avoidance of $425,476 for the county and taxpayers. The 2nd quarter of 2005 resulted in a cost avoidance of $273,166; 3rd quarter $252,756; and 4th quarter $364,616.
7. Carolina Dispute Settlement Services (CDSS) provided mediation services in judicial districts, the 9th, 10th, and 14th, totaling six counties.
8. In 2004 through 2005 CDSS mediated 657 criminal cases referred by the court system and out of those referred 592 were settled which eliminated the need for the use of court time, personnel and legal fees. In addition, CDSS provided mediation in 97 civil court matters resulting in an 88% settlement rate. The “File It Yourself” program helped 260 families during fiscal year 2004 and 2005.
9. In 2004 through 2005 a total of over 650 hours of free service was provided to the citizens and courts of North Carolina by the collaborative efforts of CDSS, volunteers and NCCU School of Law students under the supervision of CDSS.
10. CDSS also provides consulting, and training to numerous private and government agencies in the fields of conflict resolution, mediation, and arbitration. Additionally, CDSS provides binding arbitration and mediation services in employment matters for UNC Health Care and to the Office of State Personnel.
11. 112 unsubsidized job placements occurred through the Working for Kids program during the July 2005 through June of 2006.
12. Average initial placement wage was $8.91 per hour.
13. 70% of those placed remained on the job a minimum of 13 weeks.
14. 77% of those employed 13 weeks maintained employment for greater than 6 months.
15. 85% of currently enrolled clients in WFK increased or initiated child support payments since enrolling in the program.
16. WFK clients have contributed over $141,039.25 in new child support payments during July 2005 through June 2006. (This figure is phenomenal, considering that most WFK participants not only weren’t making child support payments when enrolled, hadn’t made them for months or years prior to enrollment).
17. Pro-Familia, an organization servicing the Hispanic community, is currently working in conjunction with WFK to find employment for Hispanics. In addition, English as a second language (ESL) classes are being offered to the community through Pro-Familia.
18. 1,216 different individuals attended Support/Parenting Skills Group.
19. 2,925 hours of Parenthood Training and Family-Centered events were attended by participants.
20. 100% of all respondents completing a survey after 10 or more Parenting Skills Support Groups viewed themselves as better parents and also showed improvement in such areas as “time spent with non-custodial children” and “relationship with non-custodial children”.
ECONOMIC BENEFITS
WORKING FOR KIDS (a non-custodial employment program):
1. Puts more money into the family unit.
2. Pays back arrears both to the state and to the custodial parent.
3. Increases taxes paid to Wake County, the State and IRS due to employment.
4. Infuses money into the local economy.
5. Early intervention reduces need for social services.
6. Working parents are role models for children.
7. Family members self-esteem is raised if parents are working.
8. Some statistics indicate that a child’s school performance and attendance are improved when parents work and quality of life is improved.
CAROLINA DISPUTE SETTLEMENT SERVICES (voluntary mediation and access to custody and visitation clinics through the legal process):
1. Prevents unknown numbers of potential conflicts from ever reaching the level of court intervention.
2. Reduces the number of cases for disposition in the court system for judges, clerks, staff and administrative personnel.
3. Encourages positive communication with families and visitation of children that correlates with the non-custodial parent paying child support.
4. Helps address the barriers mothers and fathers face in being able to financially support their children.
5. Significantly saves the State, County and taxpayers dollars in a time of financial crisis.
ELECTRONIC MONITORING SERVICES (Reliant Monitoring Services provides an alternative to incarceration):
1. Reduces jail over-crowding.
2. Total jail cost avoidance savings for 2004 was $1,753,380 and in
2005 was $1,570,188.
3. Encourages persons placed on EM to participate in court ordered resource and life skills programs, to work, pay child support through wage withholding and to be accountable for their particular location and situation.
4. Reduces absconding subsequent to court hearings, restricts unproductive behaviors, encourages and motivates the non-custodial parent to be financially accountable to their child or children.
THE VISION
The vision is to set a new standard for the collection of child support in North Carolina and across the country. Children should not suffer financial hardships when resources are available and alternatives to incarceration are affordable and cost effective.
Jail over-crowding, unemployment and increased court dockets, staggering numbers of arrears owed to the children and the state, all of which are a universal problems throughout North Carolina and the country have a potential remedy through alternatives to incarceration. The model above exemplifies the success of many and the need to incorporate the same in other counties and states. Remember:
Accountability + Opportunity + Commitment = Success
Electronic monitoring + WFK/CDSS + Judiciary = Success
Respectfully submitted,
Judge Kristin H. Ruth
District Court Judge
Wake County, North Carolina
June 21, 2006
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