HBA-SEB H.B. 2024 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2024 By: Bosse Juvenile Justice and Family Issues 4/15/1999 Introduced BACKGROUND AND PURPOSE Currently, the Office of the Attorney General-Child Support Division is designated as the state's Title IV-D agency and administers the state's child support enforcement program. H.B. 2024 makes statutory modifications recommended by the Sunset Advisory Commission in order to improve the operations of the Title IV-D agency. This bill subjects the Title IV-D agency to review by the Sunset Advisory Commission without the possibility of abolishment, creates an interagency work group and county advisory work group for the Title IV-D agency, provides that a man who voluntarily signed a paternity acknowledgment or birth certificate is considered the legal father for child support purposes without an additional paternity order, and requires the Title IV-D agency to develop an ombudsman program to improve the handling of service complaints. H.B. 2024 also requires the Title IV-D agency to form an information resources steering committee for computer problems and upgrades, to collect and report data for the evaluation of enforcement tools, and to conduct a cost-effective evaluation of alternative sources of revenue. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Title IV-D agency (Office of the Attorney General-Child Support Division) and the Texas Department of Human Services is modified in SECTION 4 (Section 231.305, Family Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 160.004, Family Code, to authorize a court to render a temporary order authorized in a suit affecting the parent-child relationship, including an order for temporary support of a child, if a person ordered to pay support signed the birth certificate as the father of the child or executed a statement of paternity under Subchapter C (Voluntary Paternity). SECTION 2. Amends Subchapter A, Chapter 231, Family Code, by amending Section 231.005 and adding Sections 231.011, 231.012, 231.013, and 231.014, as follows: Sec. 231.005. BIENNIAL REPORT REQUIRED. Requires the Title IV-D agency (Office of the Attorney General-Child Support Division) to report to the legislature each biennium on the use and effectiveness of all child support enforcement tools authorized by state or federal law or otherwise available to the agency and the progress and impact of the Title IVD agency's efforts to use private contractors to perform Title IV-D program functions. Creates Subsections (a), (a)(1), and (b) from existing text. Sec. 231.011. INTERAGENCY WORK GROUP. (a) Requires the Title IV-D agency to convene a standing work group to develop and maintain an interagency partnership strategy. Requires the director of the Title IV-D agency to lead the work group. (b) Requires the work group to consist of representatives from the Department of Protective and Regulatory Services, the Texas Department of Human Services (TDHS), the Texas Department of Health, the Texas Workforce Commission, and the office of the comptroller. Requires the executive head of each agency to appoint the agency's representative. Requires the work group to include a representative from the Health and Human Services Commission if the work group addresses an issue under the authority of that commission. (c) Requires the interagency partnership strategy to identify methods to improve the exchange of data between the agencies represented in the work group, develop procedures to coordinate the child support efforts of each agency, identify the benefits of contracts under which a state agency provides child support services related to the agency's core competency to the Title IV-D agency, identify ways to improve client intake and client referral, develop methods to enhance foster care child support collections, increase the recovery of Medicaid for the Title IV-D agency and the Texas Department of Health, and examine the benefits of contracts under which the comptroller or a private entity provides services regarding the receipt and payment of child support. (d) Requires each agency represented on the work group to identify specific child support services that are related to the agency's areas of core competence and may be provided by the agency under a contract. Requires the state auditor and the State Council on Competitive Government to assist the agencies in identifying those services and to assist the work group in developing strategies to obtain child support services from the agencies. Sec. 231.012. COUNTY ADVISORY WORK GROUP. (a) Requires the director of the Title IV-D agency to establish a county advisory work group to assist the Title IV-D agency in developing and changing child support programs that affect counties. Requires the work group to consist of at least one county judge, county commissioner, district clerk, domestic relations officer, Title IV-D master, and district court judge. (b) Requires the director of the Title IV-D agency to appoint the members of the work group after consulting with the relevant professional or trade associations that are represented on the work group. Requires the director of the Title IV-D agency to determine the number of members of the work group and to designate the presiding officer of the group. (c) Requires the work group to advise the director of the Title IV-D agency of the impact on counties that a proposed child support program or a change in a program may have, to establish a state-county child support improvement plan, to advise the Title IV-D agency on the operation of the state disbursement unit, to plan for monetary incentives for county partnership programs, to expand the number of agreements with counties for enforcement services, and to work with relevant statewide associations on a model partnership agreement. (d) Provides that a member of the work group is not entitled to compensation, a per diem, or the reimbursement of expenses for the member's service on the work group. (e) Requires the Title IV-D agency to provide administrative support to the work group. Sec. 231.013. INFORMATION RESOURCES STEERING COMMITTEE. Requires the Title IV-D agency to create an information resources steering committee to oversee information resource project development for the Title IV-D agency, make strategic prioritization recommendations, facilitate development of accurate information for the director of the Title IV-D agency, and perform other functions as determined by the Title IVD agency. Provides that the steering committee must include a senior management executive representing each significant function of the Title IV-D agency. Authorizes the steering committee to include a person representing counties or a vendor contracting with the Title IV-D agency. Requires the director of the Title IV-D agency to appoint the members of the steering committee after consulting with the Department of Information Resources. Sec. 231.014. PERSONNEL. Requires the director of the Title IV-D agency to provide the employees of the Title IV-D agency, as often as necessary, with information regarding the requirements for employment under this title (The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship), including information regarding a person's responsibilities under applicable laws relating to standards of conduct for state employees. SECTION 3. Amends Subchapter B, Chapter 231, Family Code, by adding Sections 231.117 and 231.118, as follows: Sec. 231.117. OMBUDSMAN PROGRAM. (a) Requires the Title IV-D agency to establish an ombudsman program to process and track complaints against the Title IV-D agency. Requires the director of the Title IV-D agency to designate an employee to serve as chief ombudsman to manage the ombudsman program and to designate an employee in each field office to act as the ombudsman for the office. (b) Requires the Title IV-D agency to develop and implement a uniform process for receiving and resolving complaints against the Title IV-D agency throughout the state. Requires the process to include statewide procedures to inform the public and recipients of Title IV-D services of the right to file a complaint against the Title IV-D agency, including the mailing addresses and telephone numbers of appropriate Title IV-D agency personnel responsible for receiving complaints and providing related assistance. (c) Requires the ombudsman in each field office to ensure that an employee in the field office responds to and attempts to resolve each complaint that is filed with the field office. Requires the field office to refer a complaint to the chief ombudsman if a complaint cannot be resolved at the field office level. (d) Requires the Title IV-D agency to maintain a file on each written complaint filed with the Title IV-D agency. Sets forth the specific information about the complaint to be included in the file. (e) Requires the Title IV-D agency to notify the person filing the complaint and each person who is a subject of a complaint about the status of the investigation of the complaint at least quarterly until final disposition, unless the notice would jeopardize an undercover investigation. (f) Requires the Title IV-D agency to provide to the person filing the complaint and to each person who is a subject of a complaint a copy of the Title IV-D agency's policies and procedures relating to complaint investigation and resolution. Sec. 231.118. TOLL-FREE TELEPHONE NUMBER FOR EMPLOYERS. Requires the Title IV-D agency to maintain a toll-free telephone number at which personnel are available during normal business hours to answer questions from employers responsible for withholding child support. Requires the Title IV-D agency to inform employers about the toll-free number. SECTION 4. Amends Section 231.305, Family Code, to require the Title IV-D agency and TDHS, by rule, to adopt a memorandum requiring the Title IV-D agency and TDHS to develop procedures to ensure that the information TDHS is required to collect for establishing and enforcing child support is forwarded to the agency in an expeditious manner, to develop a standard time, not to exceed 30 days, for the department to respond to a request from the agency for noncompliance sanctions, to prescribe the time in which the department is required to forward information, and to prescribe what constitutes complete information. Requires the Title IV-D agency and TDHS to review and renew or modify the memorandum not later than January 1 of each even-numbered year, rather than semiannually as necessary. Makes conforming changes. SECTION 5. Amends Section 233.005, Family Code, as redesignated by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, to authorize the initiation of an administrative action under this chapter (Child Support Review Process to Establish or Enforce Support Obligations) by issuing a notice of proposed child support review order under Section 233.0095. SECTION 6. Amends Chapter 233, Family Code, as redesignated by Chapter 911, Acts of the 75th Legislature, Regular Session, 1997, by adding Section 233.0095, as follows: Sec. 233.0095. NOTICE OF PROPOSED CHILD SUPPORT REVIEW ORDER IN CASES OF ACKNOWLEDGED PATERNITY. (a) Authorizes the Title IV-D agency to serve a notice of proposed child support review order on the parties if an individual has signed the birth certificate as the father of the child or executed a statement of paternity under Subchaper C, Chapter 160. (b) Requires the notice of proposed child support review order to state the amount of periodic payment of child support due and to authorize the party responsible for payment of the support to contest only the amount of monthly support. Requires the notice to also authorize the Title IV-D agency to file a child support order for child support and for medical support for the child according to the information available to the Title IV-D agency if the person responsible for payment of the support does not contest the notice in writing or request a negotiation conference to discuss the notice not later than the 15th day after the date the notice was delivered. (c) Authorizes the Title IV-D agency to schedule a negotiation conference without a request from a party. (d) Requires the Title IV-D agency to schedule a negotiation conference on the timely request of a party. (e) Authorizes the Title IV-D agency to conduct a negotiation conference, or any part of a negotiation conference, by telephone conference call, by video conference, or in person. Authorizes the Title IV-D agency to adjourn the conference for a reasonable time to permit the mediation of issues that cannot be resolved by the parties and the Title IV-D agency. SECTION 7. (a) Requires the attorney general to redesign and improve the child support enforcement program. (b) Provides that the involvement of the attorney general's office is subject to review under Chapter 325, Government Code (Texas Sunset Act), as if the attorney general's involvement in matters relating to the enforcement of child support were a state agency under that chapter. Authorizes the Sunset Advisory Commission to review only the attorney general's implementation of child support enforcement functions, including functions affected by legislation enacted by the 76th Legislature, Regular Session, 1999, and the attorney general's redesign and improvement of the child support enforcement program. (c) Requires the Sunset Advisory Commission, in determining whether the attorney general has improved the child support enforcement program, to analyze the degree to which the attorney general has improved all elements of the child support program, resolved computer system implementation issues, complied with federal welfare reform mandates, and improved customer service and increased client satisfaction. (d) Requires the attorney general's child support division (division), by October 15, 2000, to report significant improvements that have been made in its performance and operation of the child support enforcement program to the Sunset Advisory Commission and to the standing committees of the senate and house of representatives with primary jurisdiction over child support issues. Requires the division to collect information and report on the criteria described by Subsection (c). (e) Provides that the involvement of the attorney general's office in matters related to child support enforcement is not abolished under the Texas Sunset Act. (f) Requires the attorney general's office to perform a duty as it applies to the attorney general's involvement in matters related to child support enforcement, to the extent that the Texas Sunset Act imposes a duty on a state agency under review. (g) Requires the Sunset Advisory Commission to report its findings as required under Section 325.010, Government Code (Commission Report), to the 77th Legislature, Regular Session, 2001. SECTION 8. (a) Requires the division to investigate the use of alternative sources of revenue to operate the child support program. Requires the division to perform a cost-benefit analysis of charging fees. Sets forth the specific analyses to be included in the cost-benefit analysis. Requires the division to report its findings by October 15, 2000, to the Sunset Advisory Commission and the standing committees of the senate and the house of representatives which have jurisdiction over child support issues. SECTION 9. (a) Effective date: September 1, 1999. (b) Requires the interagency work group to develop the interagency partnership strategy by January 1, 2000. (c) Requires the county advisory work group to complete the state-county improvement plan by January 1, 2000. (d) Requires the Title IV-D agency and TDHS to update the memorandum of understanding by January 1, 2000. (e) Makes application of this Act prospective. SECTION 10. Emergency clause.