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).
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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 noncustodial 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.
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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
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Wake county child support enforcement has approximately 17,500 current
active files.
From July 2004 through December 2005, Wake County has an average of 350
new child support cases being filed each month.
From July 2005 through May 2006, Wake County collected $32,168,812 that
exceeds all prior collections in Wake County.
The cost incurred by the county per day on Electronic Monitoring is
approximately $10.49.
The cost of housing one inmate in jail per day is approximately $68.00.
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.
Carolina Dispute Settlement Services (CDSS) provided mediation services in
judicial districts, the 9th, 10th, and 14th, totaling six counties.
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.
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.
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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.
112 unsubsidized job placements occurred through the Working for Kids
program during the July 2005 through June of 2006.
Average initial placement wage was $8.91 per hour.
70% of those placed remained on the job a minimum of 13 weeks.
77% of those employed 13 weeks maintained employment for greater than 6
months.
85% of currently enrolled clients in WFK increased or initiated child support
payments since enrolling in the program.
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).
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.
1,216 different individuals attended Support/Parenting Skills Group.
2,925 hours of Parenthood Training and Family-Centered events were attended
by participants.
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):
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Puts more money into the family unit.
Pays back arrears both to the state and to the custodial parent.
Increases taxes paid to Wake County, the State and IRS due to employment.
Infuses money into the local economy.
Early intervention reduces need for social services.
Working parents are role models for children.
Family members self-esteem is raised if parents are working.
Some statistics indicate that a child’s school performance and attendance are
improved when parents work and quality of life is improved.
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CAROLINA DISPUTE SETTLEMENT SERVICES (voluntary mediation and access to
custody and visitation clinics through the legal process):
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Prevents unknown numbers of potential conflicts from ever reaching the level of
court intervention.
Reduces the number of cases for disposition in the court system for judges,
clerks, staff and administrative personnel.
Encourages positive communication with families and visitation of children that
correlates with the non-custodial parent paying child support.
Helps address the barriers mothers and fathers face in being able to financially
support their children.
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):
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Reduces jail over-crowding.
Total jail cost avoidance savings for 2004 was $1,753,380 and in
2005 was $1,570,188.
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.
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.
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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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