art of establishment part 1

PowerPoint Presentation

Presented by Lee Fisher, Sarah Delgado, and Amy Burgoon

Art of EstablishmentPart 1

Strong Families Make a Strong Kansas

1Some basic establishment duties include:

Strong Families Make a Strong KansasEstablishment Specialist Roles2New CasesReview the documents to ensure all necessary information is included (including IVD PEP documents)

If more information is needed, call the CP and set up a time for the CP to come in and provide the information

If you cannot reach the CP by phone, send an appointment letter (COMP Screen)

Use all available resources to locate the NCP and find possible employment. *The case must be referred within one month of verifying NCP locate, and per Code of Federal Regulations (CFR), an order in place and/or service attempted within 90 calendar days of NCP locate.*

I just received a new case.now what do I do?

Strong Families Make a Strong Kansas Monitors and Maintains Locate on NCPLocate Tools

Strong Families Make a Strong KansasFor information on how to access these systems, see the Locate training via CSS Publications SharePoint site.4PaternityPaternity is the relationship between a father and his child.

Establishing paternity is the process of making this a legal relationship.

Common ways to establish paternity:

Marriage

Signing the Paternity Acknowledgment

Court Order

Strong Families Make a Strong KansasPaternityPursuant to Frazier v. Goudschaal, 296 Kan. 730 (2013) the Kansas Parentage Act can be read gender neutral for establishment of maternity as well as paternity.

Strong Families Make a Strong Kansas6PaternityPresumed FatherThe child was born during the marriage or within 300 days after the filing of a divorce decree/annulment

Attempts to marry and voidable marriages still count to create a presumption. A void marriage also creates a presumption as long as the child was born within 300 days from the end of cohabitation.

The man notoriously or in writing recognizes paternity of the child, including but not limited to completing the paternity acknowledgment form.

Genetic tests show probably greater than 97% that he is the father. The man is obligated to support the child by court order (K.S.A. 23-2208).

Strong Families Make a Strong KansasA Presumed Father is the individual that the law presumes, until shown otherwise, to be the legal father of a child. This may not be the actual biological father of the child. It is possible to have multiple presumed fathers. Kansas Law presumes a man is the father of a child if: The child was born during the marriage or within 300 days after the filing of a divorce decree/annulment

Attempts to marry and voidable marriages still count to create a presumption. A void marriage also creates a presumption as long as the child was born within 300 days from the end of cohabitation.

The man notoriously or in writing recognizes paternity of the child, including but not limited to completing the paternity acknowledgment form.

Genetic tests show probably greater than 97% that he is the father. The man is obligated to support the child by court order (K.S.A. 23-2208).

7PaternityAlleged FatherAn Alleged Father is generally someone to whom there is no presumption of paternity.

It is possible to have more than one alleged father.

It is possible to have more than one presumed father.

Strong Families Make a Strong KansasHow is it possible to have more than one alleged father? CP names multiple possible fathers of a child.

How is it possible to have more than one presumed father?CP was married to one man at time of childs birth; different man is named on the childs birth certificate as the father.

Is it possible to have a presumed father and an alleged father? How does CSS handle those situations?When filing a paternity action where there is an alleged and a presumed father each man must be named a party to the case and if not subject to the jurisdiction of the court at least given notice pursuant to KSA 23-2211.Such cases require a court determination regarding the best interest of the child before an order for genetic testing can occur. (See next slide re: Ross.)

8PaternityRoss Hearings Ross hearing

This term comes from the name of the parties in a decision handed down by the Kansas Supreme Court: In re Marriage of Ross, 245 Kan. 591, 783 P.2d 331 (1989).

The Ross decision requires the court to appoint a guardian ad litem (an attorney) to represent the child, and to present evidence on behalf of the child, on the question of whether it is in the childs best interest for the court to proceed with genetic testing when there is a presumed father.

Strong Families Make a Strong KansasWhen filing a paternity action where there is an alleged and presumed father each man must be named a party to the case and if not subject to the jurisdiction of the court at least given notice pursuant to K.S.A. 23-2211.

Such cases require a court determination regarding the best interest of the child before an order for genetic testing may occur. The question of whether it is in the best interest of a child to order genetic testing is sometimes referred to as a Ross issue. 9PaternityCPAT

Strong Families Make a Strong KansasIt is critical to have proper documentation to support the completion of the CPAT screen.

BOW field- The 5033 completed by the CP is sufficient documentation to determine if child was born during a marriage. A copy of the marriage certificate is not required.

CSE To Estbl Patern field: Staff must have documentation that paternity is established, or not established to accurately complete this field. Ex: CP states child born of marriage; copy of birth cert showing fathers name is listed on childs birth certificate (or KS Vitals printout); copy of court order estng paternity.

Paternity Established: same as above.

Fathers Signature on Birth Certificate/Name of Father on Birth Cert: The 5033 completed by the CP is NOT sufficient documentation to determine if the father is listed on the birth certificate (even for children born of a marriage). Staff need to obtain a copy of the birth cert (or KS Vitals printout). The QUICK screen print or another state telling us that the fathers name is on the birth cert is NOT proper documentation.

KS Hospital Pat Ack: On every case where the child was born out-of-wedlock in KS, this field needs to be completed. If the father signed the KS Pat Ack, enter a Y. If the father did not, enter an N or leave blank. If the fathers name is listed on the birth cert of a child born out of wedlock in KS, staff can assume the Pat Ack was signed. KS Vitals printouts are permitted as documentation.

10PaternityCPAT

Strong Families Make a Strong Kansas11Returns calls

Takes appropriate actions

Forwards information CSCC e-mails

Strong Families Make a Strong KansasReturns calls and takes appropriate actionLegal Action Updates- if narrated (If attorney did not narrate hearing results yet, the caseworker staff with attorney and then call individual back)Finance questionsFrustrated CP/NCPOther non-legal related questions or concerns

Staffs with the Attorney, returns call and takes appropriate actionNCP/CP request to be Excused from HearingsLegal Action Updates- if not narrated on CSLNRequests for legal action to be taken

12 Emails are sent to the assigned case worker if the CSCC is unable to provide an answer to the caller or complete the request.

Batch e-mails providing FYIs.CSCC e-mails

Strong Families Make a Strong Kansas 13 Emails received from the call center for action or callback:Two business days to take action

CSCC e-mails

Strong Families Make a Strong KansasDo not forget to verify the callers address and phone number to keep CSS information current.14 Alerts worked daily

ALLS screen

ALMN screen

Setting manual alerts (SPAD)

ALRT screenSystem MonitoringALERTS

Strong Families Make a Strong Kansas15

System MonitoringALERTS

Strong Families Make a Strong KansasOn ALLS, hit pf2 display. This screen shows all of the alerts and you can select one and pf15 ALMN to get more details about the alert

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Strong Families Make a Strong KansasOn the ALMN screen the user can select an alert and view a full description of that specific alert type.

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Strong Families Make a Strong KansasThe SPAD screen is used to set manual alerts. SPAD defaults the Receiving Service Provider to the user who is signed in, but the user can set an alert for anyone in the system as well as themselves.

The user will type in the alert message; enter the desired Distribution Date (today, or any date in the future), and must include one or more of the following: case number/person number/or court order info. PF5 Add. 18


Strong Families Make a Strong KansasThe ALRT screen is used to view/process alerts daily.

The Srv Prvr defaults to be the signed in user, but can be changed to view another persons alerts.

19Tracks documents sent from the system

Work weekly

Eliminates setting alerts or manual tracking

DMON screen

System MonitoringDMONS

Strong Families Make a Strong KansasMonitored Documents:Monitored documents are to help the service provider keep track of their cases without having to use a calendar to track all documents that must be monitored within a specified time frame. All document monitors are displayed on the DMON Screen on KAECSES.20

System MonitoringDMONS

Strong Families Make a Strong KansasInformation displayed on the DMON screen can be filtered by Service Provider, Date, Case Number, Person Number, or Court Case Number. Documents for which there was no response information recorded within the compliance time frame will be displayed in red; postmaster and employer letters are automatically closed when ADDR/INCS is updated.

Other DMONs have to be manually closed after it has been researched to see if the documents have returned. In above example- the employment verification letter was not returned so the worker will need to contact the employer.

21 Tracks activities needed on a case

Work weekly

Monitors for compliance

MONA screen

Setting manual MONAsSystem MonitoringMONA

Strong Families Make a Strong KansasMonitored Activities:Automated Monitored Activities are triggered by starting event details, also known as HIST records. Once a starting event occurs (e.g. CSS case opened), the system generates the Monitored Activities associated to that event (e.g. locate the NCP within 75 days). The Monitored Activity is closed by the system when the ending event (e.g. verified the NCPs address) is recorded on the ADDR Screen. Most Monitored Activities can be traced back to their associated event by using PF15 (Detail) on the MONA screen.

Monitored Activities are assigned to the Office Service Provider, who is assigned to the business object, that is associated to the monitored activity. 22

System MonitoringMONA

Strong Families Make a Strong KansasMonitored Activities are assigned by and can be filtered by two different reason codes:< RSP Responsibility for completing the monitored activity< INF for your information only

Example: The RSP monitored activity for the Legal Referral would be assigned to the attorney, while the INF monitored activity is assigned to the collection officerassigned to the case.

Blue= Initial display of monitored activityYellow= Indicates that the Monitored Activity is nearing non-complianceRed= Indicates that the Monitored Activity has passed the date by which it must have been completed, and therefore, is out of compliance.

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System MonitoringMONA

Strong Families Make a Strong KansasSetting a manual MONA on ATLM screen:Type S in the Sel field on a blank MONA screen line. (easiest way is to pf11 clear)

Press PF17 to access Activity List Maintenance (ATLM).EXAMPLE:Select the MANUAL MOITOR REQUEST FOR MODIFICATION activity. PF9 and it takes you back to MONA, enter case number on appropriate line and pf5 add

Press PF9 to return to MONA.On MONA (Required Fields must be completed)

Once fields have been completed, Press PF5 to add and generate the manual monitored activity.

Note: Created Ok will display at the bottom of the screen.24 Getting started

Get to know the case

Establishment review checklist

Completing CRMEReviews

Strong Families Make a Strong KansasReviews to be completed every six months on Establishment cases.Case workers should start with current due, never reviewed, then delinquent reviews. SAR reports provided monthly with information.25 Become familiar with the case

Review the CRME and CSLN

Helpful to some to pull paper file

CP/child(ren) receiving assistance from DCF?

Do CP/NCP reside together?

Children with the CP assigned to case?Reviews

Strong Families Make a Strong Kansas26CP in non-cooperating status?

Case set to close in the next 60 days?

Family violence indicator set?

Good cause an issue?

Has there been a child or children added to the case that require further action?

Is the case an intergovernmental case?Reviews

Strong Families Make a Strong Kansas 27 CRME every six months

Review in following order:Current month due, never reviewed, delinquent reviews

New case assessments needs to be conducted within 20 days of case opening

Set time aside daily to work on reviewsReviews

Strong Families Make a Strong Kansas28ReviewChecklist


DOUBLE CLICK ON THE EMBEDDED HANDOUT TO VIEW/PRINT.

Use the checklist as you are getting to know the case. Make notes so it is easier when you have to document on CRME. Copy of completed checklist needs to be in the case file.

The case review checklist can be found on the CSS Publications website.

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ReviewsCRME

Strong Families Make a Strong KansasCRME screen enter case number and select option 1, press enter.

30ReviewsLocate

Strong Families Make a Strong KansasIf the NCP has had their mail forwarded from a previous address, the new address could be obtained by sending a PML.

A negative PML will prompt new locate efforts.

Tip: Write notes on the pml such as review, contempt, est, to quickly remind yourself what action needs to be taken when the pml returns.

31ReviewsLocateThe CRLO screen has information displayed above in blue such as the last verified address and employment dates, as well as other valuable information.

There are PF keys to flow to APDS, INCS, FPLS, JAIL, and ADDR. You can flow to these screens and PF9 directly back to your review without losing information on the review. If any updates are made to the screens, the narrative already added to CRME will be lost.

For locate, you need to document what has been checked/researched.

If it is not narrated, it didnt happen.

Strong Families Make a Strong KansasReviewsCRLO

Strong Families Make a Strong KansasDocument the locate portion of the case review.33ReviewsMedicalDoes the Support Questionnaire show that private insurance is in place?

Does an employer letter reveal that the NCP has the child(ren) covered under a private plan?

Is the child(ren) receiving medical benefits in the State of Kansas?

Strong Families Make a Strong KansasComplete a medical assessment on the case. Medical support is either private health insurance as well as other health care coverage such as Medicaid, chip, and other state coverage plans.

34ReviewsMedical ScreensHIAV- Screen is to document HIC availability (availability = Health Insurance is available if it is offered through an employer sponsored plan). It retains cost information to establish a medical support order. Complete if insurance is available but NCP is not currently enrolled.

HIPH- Enter the policy holder and health insurance coverage information. Complete if a party has enrolled in the insurance plan.

HICP- Enter the persons covered by the health insurance. Complete if children are covered on an insurance plan.

HICV- Health Insurance Viable (viable = costs equal or less than 12% of the responsible partys gross income. This means the responsible partys cost for family coverage should be 12% or less of the persons gross income). If cost of the health insurance premium and the current support obligation will exceed the 50% cap, then the health insurance is not viable.

Strong Families Make a Strong KansasReviewsMedicalInformation to document for medical:

Plans to establish a medical support order or reason why you would not do so.

Is HIC being provided and if so, are all the necessary screens completed? How long has it been since last verified (less than a year, same employer)?

If HIC is not on system, what steps have been taken to verify?

Strong Families Make a Strong KansasReviewsMedicalThe CRMD screen also has information that comes over from other screens in the system, such as the childs name and what programs are open, if any.

Also, information from HIPH/HICP/HICV displays on CRMD.

There are PF keys that flow to HICV and HICP.


ReviewsCRMD

Strong Families Make a Strong KansasDocument medical portion of case review.38ReviewsPaternityView CPAT to make sure it is correct:Born Out of Wedlock

CSE to Estbl Patern

Paternity Established

Fathers Signature on Birth Certificate:

Make sure place of birth is completed on CHDS.

Strong Families Make a Strong KansasCheck the case file to ensure proper documentation exists to support the completion of CPAT.

Born Out of Wedlock: Was the child born during a marriage? If the child was born during a marriage, an N would be entered (unless there is more than one presumed/alleged father).CSS to Estbl Patern: Is paternity an issue for CSS to address? If it cannot be verified that paternity was established by a marriage, by the Paternity Acknowledgment, or by a court order, then the answer is Yes. (In multiple NCP cases, the answer is Y)Paternity Established: Can it be verified that paternity has been established through a marriage, a Paternity Acknowledgment or a court order determining a father for the child? If the answer to any of these is yes, then the answer is Yes. (In multiple NCP cases, the answer is N)Fathers Signature on Birth Certificate: Vital Statistics of the childs birth state should be checked to verify if a fathers name is on the state birth certificate. The CP may also be able to provide a copy. If his signature meets the criteria for that states laws, then the answer is Yes.

39ReviewsPaternityQuestions to document for paternity

Is CPAT correct and place of birth completed on CHDS?Is paternity established? Documentation in file?Was the child born during a marriage?Is there a man listed on the childs birth certificate?

Has the CP named more than one possible father? Do we have all the necessary forms?

If paternity has not been established, does the case need legal action?

Strong Families Make a Strong KansasReviewsPaternityThe CRPA screen displays the childs name/DOB/SSN, information that has been entered on CPAT, and other information regarding the paternity of the child.

From CRPA you can flow to CHDS, LGRQ, GTSC, GTDS, or CPAT. If you flow to CPAT you can then flow to CHDS without interrupting your review.

Strong Families Make a Strong Kansas41ReviewsCRPA

Strong Families Make a Strong KansasDocument paternity portion of case review.42ReviewsEstablishmentIf a child was born of a marriage, make sure that neither party filed for a divorce.

Go to the Kansas District Court Records Search (www.kansas.gov/countyCourts/) to check.

Strong Families Make a Strong KansasRemember to check FCRP to see if the parties are known to another state and if an order has already been established!

If parties are known to another state, is that state on QUICK?

43ReviewsEstablishmentQuestions to document for establishment:

What specifically needs to be established?

Has legal action been taken?

Has a petition been filed?

Has the NCP been served?

Has a court date been set?

Strong Families Make a Strong KansasReviewsEstablishmentCRES shows the establishment referral date, if any, if the NCP has been served, if rights have been severed for that child, etc.

You can flow to HICV, LGRQ, CURA and INCL from the CRES screen.

Strong Families Make a Strong KansasReviewsCRES

Strong Families Make a Strong KansasDocument establishment portion of the case review.46ReviewsEnforcementIf there is not an order established, then there is no enforcement action on the case.

The only time an establishment worker would need to review the case for enforcement action is if it is an add a baby case.

Strong Families Make a Strong Kansas47ReviewsCREN

Strong Families Make a Strong KansasDocument no order established at this time and plans to enforce upon establishment of an order.48 ReportsCentral Office sends reports on a monthly basis that assist the caseworker in managing their caseload.

Caseload Management Report:Purged AlertsCases with Review DueDelinquent Review ReportReferral by CO to Atty ConCases Needing Legal RequestPending Case Closure RptCases Closed

Paternity Report:CS Paternity ReportCO Paternity Referral Report

Strong Families Make a Strong Kansas49 Establishment Legal Actions/ LGRQ Agreed orders will be a top priority. If an Agreed Order cannot be completed, the establishment worker will request legal action from attorney for the establishment of an order.

If attorney needs more information after the initial request then the establishment worker will provide that information within five working days of the request.

Good communication between caseworker and attorneys is vital to insure time frames are met.

Strong Families Make a Strong KansasThe case will remain establishment until the order is obligated on the system; up until the order is complete, the case could return to locate, etc.

50 Establishment Legal Actions/ LGRQ

Strong Families Make a Strong KansasTo add an EST LGRQ: On LGRQ, enter the KAECSES number and press PF2 (Display)Next, press PF15 (COMP)


Strong Families Make a Strong Kansas Place a s in the Sel Field for all parties associated to the court order and PF9 (Return)



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Establishment Legal Actions/ LGRQ

Strong Families Make a Strong KansasEnter the Atty User Id (SWXXREF- for whatever county/JD the case is being referred), EST for Referral Reason (may also include PAT, if pat is an issue), Note- description of what needs to be established, and Attachments.

PF5 to add.

The Art of Establishment II presentation will go into greater detail regarding the Agreed Order (consent) process. 54 Complete case closure checklistCase must fully satisfy federal criteria

Send 60 day closure letter on CADSFederal requirement to provide 60 calendar days notice prior to closing a case using one of the following CADS closure codes: CC, DC, EM, NP, 4D, NL, AB, FO, LC, FC (If CP is the State of Kansas or JJA, closure notice will not generate, case can be closed immediately.

Make sure all petitions are dismissed

Closing case on CADS (60 days later)Case Closures

Strong Families Make a Strong KansasIf you are unsure if a case is eligible for closure, please staff the case with your supervisor or legal staff. Appropriate narration must also be entered on CSLN to justify the case closure. The caseworker remains responsible for notifying appropriate persons of the pending case closure, monitoring for the legal referral to be closed, DMON and SAR reports track cases that 60 day closures have been sent.

The case must remain open if the CP or initiating agency responds to the notice, reestablishes contact, AND supplies information which aids in the establishment of paternity, a support order, or enforcement of an order.

55The caseworker is responsible for narrating/docmenting all actions they take on case (including requests made to attorney/legal specialist, finance, etc.).

A CSCC representative should be able to review CSLN and be able to explain to a caller all actions that are occurring on a case.

If it isnt narrated, it didnt happen!

Strong Families Make a Strong KansasNARRATE, NARRATE, NARRATE!Please see the narration training on the CSS Publication website for more information.56Questions?

Strong Families Make a Strong KansasThank you for your time!Lee FisherDirector, Sunflower [email protected]

Sarah DelgadoSupervisor, Veritas [email protected]

Amy BurgoonPC II, Central [email protected]

Strong Families Make a Strong Kansas58

art of establishment part 1

Documents

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presumption of paternity

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paternity acknowledgment

void marriage