Art of Establishment Part 2

PowerPoint Presentation

Presented by Lee Fisher, Sarah Delgado, and Amy Burgoon

Art of EstablishmentPart 2

Strong Families Make a Strong Kansas

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Strong Families Make a Strong Kansas2Agreed OrdersThe establishment process encourages agreed orders, but under the umbrella of a ticking clock.

This means that the process begins with service upon the NCP/alleged father of a petition for support, and possibly paternity establishment.

Once the NCP/AF is served, staff is responsible for reaching out to the NCP/AF via phone and in writing to attempt to negotiate an agreed order. Should the NCP be unwilling to enter an agreed order, the case is then scheduled for a hearing.

Strong Families Make a Strong Kansas Agreed OrdersThe following process flow depicts, at a high level, the steps involved from the point of identifying a case as appropriate for an establishment action to the point of order entry.

Later in this training we review how to take certain actions in KAECSES, such as generating a petition or entering the terms of an order.

Strong Families Make a Strong Kansas4

Flowchart

Strong Families Make a Strong KansasDOUBLE CLICK ON THE EMBEDDED HANDOUT TO VIEW/PRINT A PDF VERSION.5Agreed OrdersCSS uses the generic term of case worker, administrative assistant and attorney to reflect the intended roles responsible for each step.

Local offices may vary in their use of resources, but the premise is that the case worker is responsible for preparing the legal documents once the case is properly prepped with custodial parent information and verified NCP location.

The administrative assistant role handles the court liaison and service of process duties. The attorney takes over for defaults, if the NCP has legal counsel, and to review orders drawn up by the case worker.

Strong Families Make a Strong Kansas6Agreed OrdersThe following is a step-by-step narrative of the process flow.

1. The case worker prepares the case, gathering sufficient information from the CP, as well as locate and wage information on the NCP. This information generally includes: Entry of Appearance CP;Domestic Relations Affidavit;Allegation of Paternity (or Verification);Birth certificate/acknowledgment; andNCP locate/employment/wages info.

Strong Families Make a Strong Kansas7Agreed Orders2. The case worker then prepares the legal documents, including the cover letter, petition, summons, praecipe and civil information sheet. The case worker forwards the file to the administrative assistant and enters the LGRQ.

3. The administrative assistant makes the requisite number of copies, files the action with the court, and arranges for service of process.

Strong Families Make a Strong Kansas8 Agreed Orders4. The NCP is served. For purposes of this process flow, we are assuming service is completed. 5. If the NCP does not file an answer, go to step 6. If he does, go to step 8.

6. The caseworker waits 30 days, and if there is no answer filed, the case worker sends a request to the attorney to proceed with a default action.

Strong Families Make a Strong Kansas9 Agreed Orders7. The attorney proceeds with the default process.

8. If the NCP has legal counsel, go to Step 9. If not, go to step 11.

9. The case worker informs the attorney that the NCP has legal counsel and provides the physical file.

Strong Families Make a Strong Kansas10 Agreed Orders10. The attorney handles the order establishment process from here. 11. If paternity is an issue, go to step 12. If not, go to step 18.

12. The case worker determines either through the NCPs answer or a phone call from or to the NCP if he requests genetic tests. If he does, go to step 13. If he does not, go to step 18.

Strong Families Make a Strong Kansas11 Agreed Orders13. The case worker generates the Ex Parte Motion for Genetic Testing and Order. Once returned from the Court, the case worker schedules the genetic tests. Over a 30 day period, the case worker may schedule two times.

14. If the NCP fails to appear for the genetic test, go to step 15. If he does appear go to step 16.

15. If the NCP fails to appear, the case worker provides the file to the attorney for further action.

Strong Families Make a Strong Kansas12 Agreed Orders16. If more than one alleged father failed to appear for genetic tests, go to step 17. If there is just one alleged father who failed to appear, return to step 7 and proceed with default.

17. If testing has not been completed on any alleged father that provides results showing 97% or greater probability of paternity, the attorney files a motion for contempt to all alleged fathers who failed to appear for the genetic tests.

Strong Families Make a Strong Kansas 13 Agreed Orders18. If the genetic tests indicate the father is not the father the case worker refers the files to the attorney for step 19. If the genetic tests include the NCP, the case worker goes to step 20.

19. The attorney proceeds with a dismissal of the action.

Strong Families Make a Strong Kansas14 Agreed Orders20. At this point the case worker has resolved the matter of paternity (if at issue) and is still working toward an agreed order. The case worker calls the NCP or sends a conference letter and informs the administrative assistant to set a hearing date.

21. The administrative assistant coordinates a hearing date with the court and sends a hearing notice to the NCP. This is a conscious decision to keep the clock moving forward with a clear resolution date in mind.

Strong Families Make a Strong Kansas15Agreed Orders22. The case worker is either communicating via phone or in a conference with the NCP, attempting to obtain an agreed order. The case worker uses a Questionnaire to guide the discussion with the NCP. If the NCP fails to proceed with an agreed order, go to step 23. If the NCP consents to the agreed order, go to step 24.

Strong Families Make a Strong Kansas16 Agreed Orders23. The case worker updates the child support worksheet with information obtained during interaction with the NCP and notifies the NCP that the matter will be resolved at the scheduled hearing. The case worker notifies the attorney five days prior to the hearing that the matter is still pending. The attorney proceeds with legal establishment (Step 10).

Strong Families Make a Strong Kansas17 Agreed Orders24. The case worker completes the NCP questionnaire for presentation to the attorney, recalculates the child support worksheet and generates the order in KAECSES. The case worker provides the file to the attorney.

25. The attorney reviews the file for completeness, accuracy and legal sufficiency.

Strong Families Make a Strong Kansas18 Agreed Orders26. If the Order does not pass the attorneys review, return to step 24. If the order does pass the attorney review, the attorney forwards the file to the administrative assistant, go to step 27.

27. The administrative assistant prepares the copies of order, IWO, MWO, NOA, any other required documents and files the order with the court.

Strong Families Make a Strong Kansas19 Agreed Orders28. The court files the order.

29. The administrative assistant enters the file date, sends copies to the parties, IWO to employer, notifies finance and returns the file to the case worker.

30. The case worker closes the establishment LGRQ, creates a enforcement LGRQ and transfers the case to the ENF case worker.

Strong Families Make a Strong Kansas20Agreed Orders

Strong Families Make a Strong Kansas DOUBLE CLICK ON AGREED ORDER NCP QUESTIONNAIRE. 21Agreed Orders

Strong Families Make a Strong KansasDOUBLE CLICK FOR EST TO DO CHECKLIST. 22 Agreed Orders

Strong Families Make a Strong KansasDOUBLE CLICK FOR AGREED ORDER PETITION COVER LETTERS. 23Agreed OrdersIf the parties are living together and wish to sign an agreed order, there is a document on CSS Pubs SharePoint, that can be completed. Please note that the voluntary packet will still need to be downloaded via KAECSES.

Strong Families Make a Strong KansasInsert Agreed Order Parties Living Together doc here.24

Strong Families Make a Strong KansasThe Establishment Process within KAECSES. DOUBLE CLICK TO OPEN EMBEDDED HANDOUT IN PDF.25Adding/Generating a Petition

Strong Families Make a Strong KansasThese procedures describe how to add a petition legal action which KS CSS is creating. These procedures assume that no legal action has ever been added for the court case and that the worksheet has already been completed. For Voluntary Packets (Agreed Orders) which include petitions and journal entries: VOLPATK, VOLSUPPK and VOL718PK use Business Practice 900-6 Adding an Agreed Order.

Complete the applicable fields o Classification: P o Trib State (Enter KS in the state field. Type S in the prompt field, Press PF4.) The system automatically transfers to LTRB where all the Kansas tribunals (county or Tribe) are displayed.

26Adding/Generating a Petition

Strong Families Make a Strong KansasComplete the following fields: o Action Taken by entering an S at the + and pressing PF4 (List) to flow to CDVL. Select the appropriate Action Taken with an S, and press PF9 o (Return) Legal action is displayed

o Leg Act Established by CS

o Approval Sent Date (If petition sent to CP for signature, enter date sent) ****DO NOT ENTER ANYTHING IN THE FILED DATE FIELD**** Press PF5 (Add)

After PF5 (Add) is pressed, the system will automatically transfer to Court Caption (CAPT) 27Adding/Generating a Petition

Strong Families Make a Strong KansasType in the court caption to be used on the hard copy legal documents exactly as it is to appear. For captions, see Agreed Order Caption Examples in CSS Publications, under training.

Press PF5 (Add). The system will automatically transfer to Legal Role (LROL)


Strong Families Make a Strong KansasEnter the CSS case number

Press PF17 (Roles) to get a listing of the people on the CSS case with their roles.


Strong Families Make a Strong KansasComplete the following fields: o "S" in the Sel field opposite the name of each person you want to include in the legal action. o P/R/C (P=Petitioner; R=Respondent; C=Child, as applicable for each person) NOTE: Do not assign State of Kansas as the petitioner unless the State is the only petitioner (i.e. foster care case).

Press PF5 to add the information Pf9-return30Adding/Generating a Petition

Strong Families Make a Strong Kansas pf16 to LDET31Adding/Generating a Petition

Strong Families Make a Strong KansasOn LDET (the Classification, Action Taken, and Trib will automatically display): Complete the following fields: o A S in the Sel field o F/N (Financial or Non-financial) o Type o Effective Date o Pmt Freq o DOW/M1 (Day of the week, Sunday through Saturday, is 1 through 7, or the date on which the payment is due) o Current (Cannot be completed if Arrears field is completed) (Use for accruing debts) o Arrears (Cannot be completed if Current field is completed) (Use for periodic payments on judgments) o Judgment (Complete this field if there is a judgment amount) o Description NOTE: If there are multiple details, each one must be recorded as a separate legal detail on LDET; however, all details can be added at the same time. Enter all the details (PF8 for a blank screen as necessary); PF5 (Add) After adding all legal details, press PF15 to transfer to LACT


Strong Families Make a Strong KansasOn LACT: Press PF18 to access ASIN to assign the legal action to the appropriate attorney

BP 800-14 (Assigning a Business Object)

On ASIN: Complete the following fields: o A S in the Sel field o Effective (Date) o Reason (Assignment Reason)

Select the Service Provider to whom to assign the Legal Action Type A S in the prompt field following the Serv Prov field Press PF4 (List) - (The system will automatically access Maintain Service Providers in an Office (SVPO)


Strong Families Make a Strong KansasEnter the office number of Service Provider for whom the assignment will be valid in the Office Number field Press PF2 (Display) Type a S in the Sel field by the appropriate Service Providers record Press PF9 (Return). The system will automatically return to ASIN with the Service Provider ID selected


Strong Families Make a Strong KansasPress PF5 to add the assignment record Press PF9 to return to LACT


Strong Families Make a Strong Kansas pf24 print/ to download documents. 36Caseload ManagementGetting Organized

Strong Families Make a Strong KansasCaseload ManagementOpen multiple windows in KAECSES.

Strong Families Make a Strong KansasCaseload ManagementE-mail You may save a significant amount of time by using the following practices to sort through new e-mails: Quickly scan all the new e-mails by looking at the sender and subject line. Delete any low-value messages (i.e. All staff e-mails that do no pertain to you such as car availability, job opportunities that you do not qualify for, etc.) and unknown sender/subjects as they could be spam. Focus on sequences of messages that relate to one particular topic. Read the first e-mail received and then the last e-mail received. You can delete all the middle responses. Remember that you have the ability to sort e-mails by subject.

Strong Families Make a Strong Kansas39Caseload ManagementWork your e-mails in the following order:

Superiors (including complaints)

Customers

Peers and Subordinates

Strong Families Make a Strong KansasCaseload Management

Prioritizing and Maintaining a Routine

Strong Families Make a Strong KansasCaseload ManagementDaily Alerts- Important and Urgent: Alerts should be worked everyday at the beginning of each day to ensure that all updates that are necessary on a case are made as soon as possible.

Strong Families Make a Strong Kansas42Caseload ManagementDMONS/MONAS: Important and Not Urgent:

DMONS/MONAS should be worked weekly to monitor case actions.

Strong Families Make a Strong Kansas43Caseload ManagementPhone Messages - Important and Urgent:

Messages left by customers and/or call back e-mails need to be returned promptly within two business days.

Strong Families Make a Strong Kansas44 Caseload ManagementMail - Various Categories:

Example: Appeal Notices, Bankruptcy Notices, and Court Orders are Important and Urgent

Negative Postmaster and Employer Letters are less important and not urgent 45 Caseload ManagementComputer Tips:

Copy and Paste when you can to save time from typing something twice

Use Macros

Use shortcuts such as ALT-TAB to switch between programs.

Strong Families Make a Strong Kansas46 Caseload ManagementReviews:

Schedule time each day to complete reviews to ensure they get done.

Strong Families Make a Strong Kansas

47 Caseload ManagementCall Back/ Action E-mails: respond within two business days

Reviews: Work Daily

Alerts: Work Daily

DMONS/MONAS: Work Weekly

Prioritize Mail (postal and electronic): Work Daily

Strong Families Make a Strong Kansas48The caseworker is responsible for narrating all actions they take on case (including requests made to attorney/legal specialist, finance unit, 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.49QUESTIONS?

Strong Families Make a Strong KansasThank you for your time!

Strong Families Make a Strong KansasLee FisherDirector, Sunflower [email protected]

Sarah DelgadoSupervisor, Veritas [email protected]

Amy BurgoonPC II, Central [email protected]

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Art of Establishment Part 2

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