Working with Mexico:
Strategies for Success
Alisha Griffin, Director
California Department of
Child Support Services
Uniform Interstate Family Support Act
International
• Hague Convention - Multilateral treaty
National
• Title III of the Federal Preventing Sex Trafficking and Strengthening
Families Act - requires states to ratify 2008 version of UIFSA
State
• Senate Bill 646 (Jackson) - adopts 2008 version of UIFSA in California
County
• MOU between Sistema de Desarrollo Integral para la Familia (DIF) for
the state of Baja California and Imperial County Department of Child
Support Services
DIF and Imperial DCSS MOU
Formalizes the partnership between agencies to
develop and expand a framework of cooperation
that will assist both agencies with their goals of
providing child support services.
• Imperial County Department of Child Support
Services
• Sistema de Desarrollo Integral para Ia FamiliaBaja California
Ceremonial Signing held December 18, 2014
Ceremonial Signing held December 18, 2014
Guillermo Fernandez Villalobos,
Special Programs Coordinator
Imperial County Department of Child Support Services
BRIEF HISTORY
Partners
 Imperial County Department of Child Support Services (ICDCSS)
 Mexican Consulate, Calexico
 DIF Baja California (Sistema Integral para la Familia)
Why a partnership needed to be built
Common issues
between partners and their needs
 Immigration issues
 International Judicial Assistance issues (service of process and obtaining
evidence abroad)
 Need for clarification on foreign laws (i.e., Mexico’s establishment of parentage
and clarification on child support orders vs voluntary child support
consignments)
 Conflicts of law and jurisdiction
 Enforcement of child support orders on both sides of the border
Outcomes
 A partnership was necessary to bring solutions to common barriers that arise
across the borders of Mexicali and Imperial County
 Provide better assistance to our Courts in order to determine Continuing
Exclusive Jurisdiction in child support orders
 It was necessary to remove barriers on Child Support Services such as:
- Language
- Culture
- Legal literacy
- Immigration Concerns
 Necessary to establish an alternate procedure allowed by statutes and
regulations to expedite the processing of applications for child support
services between Imperial County and Mexicali, B.C. (Baja California)
What did it take to get here?
Initial collaboration
 2009- Memoranda of Understanding between Superior Court of California, County
of Imperial and the Government of Baja California
 2011- Imperial County DCSS was invited by Imperial County Superior Court and the
Judicial and Executive Branches of Baja California to provide training in child
support as part of their MOU
 2013- Memorandum of Understanding between Imperial County Department of
Child Support Services and Consulate of Mexico in Calexico, California
 2014- Memorandum of Understanding between Imperial County Department of
Child Support Services and DIF Baja California
Legal authorities for ICDCCS MOU with DIF
CALIFORNIA
 California Family Code (UIFSA
Chapter §4901-5005)
 California Code of Regulations
§110000-119900
 Personal Responsibility and Work
Opportunity Reconciliation Act of
1996 (PRWORA) section 459A
BAJA CALIFORNIA
 Federal Law for the execution of treaties,
sections 1,2, and 3 (allows state
government agencies to execute MOUs
with foreign governments)
 Mexico’s International Declaration of
Reciprocity
 General Health Laws, section 182 (Ley
General de Salud).
 Manual for Collection of Child Support
between Mexico and the US (Ministry of
Foreign Affairs)
Luis Benjamín Lara Escobedo,
Vice-Consul
Consulate of Mexico in Calexico, CA
Legal Authority
■
The Constitution of the United States of Mexico
■
Vienna Convention on Diplomatic Relations
■
Vienna Convention on Consular Relations
■
Mexican Foreign Service Act
■
Organic Law of the Federal Public Administration
■
Internal Regulations of the Ministry of Foreign Affairs
■
Regulation of the Law of the Mexican Foreign Service
Consular Duties and Responsibilities
■
Protect their nationals, whether natural or legal persons, within the limits permitted by
international law
■
Encourage the development of commercial , economic, cultural and scientific relations
with the receiving State
■
Ascertaining by all lawful means conditions and developments in the commercial,
economic, cultural and scientific life of the receiving State, reporting thereon to the
Government of the sending State and giving information to the persons concerned
■
Issuance of passports and travel documents to nationals of the sending State, and
visas to foreign citizens
■
Help and assist nationals of their country of origin, whether natural or legal persons
■
To act as notary and civil registry
■
Take appropriate measures and arrangements to assist their nationals to have proper
representation in the courts and other authorities of the receiving State, in accordance
with the practice and procedures of the receiving State (Immigration Waivers)
Mexican Consulate
Organizational Chart
CONSUL
DEPUTY CONSUL
CONSULAR
PROTECTION
AND
LEGAL AFFAIRS
DOCUMENTATION,
VISAS, NOTARY
PUBLIC, AND CIVIL
REGISTRY AFFAIRS
ECONOMIC
AFFAIRS
ATTENTION TO
MEXICAN
COMMUNITIES,
PRESS, AND
CULTURAL AFFAIRS
ADMINISTRATIVE
AND
TECHNOLOGICAL
AFFAIRS
Duties and Responsibilities of the
Protection and Legal Affairs Department
 Processing of child support applications from Mexico to the US under UIFSA
 Processing of international restitution applications of abducted children
 Processing of immigration waivers
 Processing of letters rogatory and letters of request
 Consular assistance of Mexicali Nationals in death penalty cases as well as of their
nationals detained in the US (Immigration Detention Centers, State Prisons, etc.)
 Assistance in the transmittal of corpses of Mexican citizens that have passed away in the
US

Assistance in legal matters (workers compensation, human rights, civil, criminal and family
law)
 Repatriation to Mexico for unaccompanied minors after their intent to cross the US border

Assistance in the recovery of stolen and seized vehicles
Consular duties in child support cases
 Process and transmit all child support applications received from Mexico‘s Central Authority
 Maintain contact with LCSA in order to provide notice and updated case information to child
support applicants
 Distribute child support collections to applicants
 Assistance in filling out child support applications
 Provide legal information of the child support judicial and administrative process to
applicants
 Assist child support applicants in obtaining immigration waivers when their physical
presence is required/ordered in child support hearings
 Process letters rogatory for service of process abroad and the taking of evidence abroad in
child support cases

Facilitate communication between judicial and administrative authorities across the border
in child support cases, such as where continuing exclusive jurisdiction (CEJ) is at issue
Transmittal Procedure of Child Support Applications
from Mexico to the United States Of America
SERVICE OF SUMMONS
APPLICANT requests the
establishment and payment of a
child support order.
YES
LOCAL FIELD OFFICE OF MEXICO MINISTRY OF FOREIGN
AFFAIRS “SRE” (CENTRAL AUTHORITY IN MEXICO)
1. Interview of applicant, review of UIFSA application and
attachments
2. Case registration on SIPC (Informative System of
Consular Protection)
3. Transmittal of child support applications to the Family
Department of SRE. (Central authority in Mexico city).
4. Transmittal of child support application to the State
Registry of the State where obligor is found.
STATE CENTRAL REGISTRY/ LCSA/ JUDICIAL AUTHORITY
1. Registration of application by the State Central Registry.
2. Transmittal of child support application to the LCSA
where obligor is located.
3. Filing of summons and complaint regarding parental
obligations in Superior Court.
JUDICIAL AUTHORITY
1. Establishes the child support order
that should be paid.
--------------------------------------------------LOCAL CHILD SUPPORT AGENCY
1. Prepares an Income Withholding
Order and is transmitted to obligor’s
employer.
NO
END OF PROCEDURE
STATE DISBURSMENT UNIT/ CONSULATE OR LOCAL
FIELD OFFICE OF MINISTRY OF FOREIGN AFFAIRS
1. SDU receives payment from employer and
transmitted to Consulate or SRE.
2. Consulate or SRE Local Field office delivers child
support payment to applicant.
Luis Benjamin Lara Escobedo
Tel.: (760) 357-3863
lblara@sre.gob.mx
Consuelo Luna Pineda,
Prosecutor for
Minor Children and Families
State DIF of Baja California, Mexico
Sistema para el Desarrollo Integral
de la Familia de Baja California (State DIF)
 Background
 State DIF Mission
 State DIF Services
 Organizational Chart
 Duties under MOU with Imperial County
Background
 DIF is a national Mexican public welfare institution founded in 1977 that focuses on
developing the welfare of Mexican families
 The institution was founded by ex- first lady Carmen Romano, wife of ex-President
José López Portillo

Some of the general activities of the institution are to promote family planning,
child care, assistance to the elderly, and the fight against drug abuse, among others
 Each Mexican state (32 in all) has a State DIF agency which is represented by each
state’s First Lady (usually the Governor’s wife) as well as its State Director
State DIF Mission
 Provide social assistance and protection to the population, attending to their basic
needs; processes of self- motivation to contribute to their quality of life and a
healthy family environment
 Provide humane and timely services within a framework of respect for universal
rights
 Provide services, assistance, and support to citizens that satisfy their expectations
while evaluating current procedures and seeking improvements needed to
overcome set goals
 Guiding Concepts: family perspective, social responsibility, prevention, and
comprehensiveness
 Values: Service, honesty, respect, tolerance, justice, honor, and responsibility
State DIF Services
 Through its Prosecutor Unit for the protection of minor children and the families,
protect the physical and psychological integrity of each member of a household,
especially children given their vulnerability
 Provide legal assistance to child crime victims or those at risk that can be protected
or placed in a temporary shelter, group home, or adoptive home alternatives
 Provide legal, psychological, social, and physical protection for children and
adolescents who are in a vulnerable state, guarding their integrity and best
interests by allowing them to grow in healthy environments
 Protect and promote the rights of minor children
 Ensure full protection to people in vulnerable situations, as well as temporary
economic support
DIF Organizational Chart
PRESIDENT
STATE DIRECTOR
GENERAL OPERATIONS
ADMINISTRATION
FAMILY
SUPPORT
SERVICES
PUBLIC
ASSISTANCE
ADULT
PROTECTIVE
SERVICES
REHABILITATIVE
SERVICES
STATE PROSECUTOR
CHILD
WELFARE
ADOPTIONS
CHILD
SUPPORT
Duties under MOU with Imperial County
 Assist clients with the processing of child support applications
 Identify opportunities for rendering comprehensive support to child support
families and dependents requiring child support services
 Establish, modify, and enforce child support obligations (including medical
support), enforce spousal support orders established by a court of competent
jurisdiction, and where permitted by law, determine paternity in the case of a
child born out of wedlock
 Provide training to Imperial County Child Support staff regarding administrative
and/or court proceedings arising from child support services provided to
families and dependents
 Build collaborative networks to refer applicants requiring legal and social
assistance to governmental and private entities competent in those areas
Consuelo Luna Pineda
Tel.: 01152(686) 551-6600
cluna@difbc.gob.mx
Guillermo Fernandez Villalobos,
Special Programs Coordinator
Imperial County Department of
Child Support Services
Processing of Child Support Applications
between Imperial County and State of Baja California POST- MOU
APPLICANT
Requests the establishment and payment of a
child support order.
YES
NO
LOCAL FIELD OFFICE OF “DIF” (STATE CENTRAL AUTHORITY
IN BAJA CALIFORNIA)
1.
2.
3.
Interview of applicant, review of UIFSA application and
attachments
Transmittal of child support applications to ICDCSS.
Transmittal of child support application by ICDCSS to the State
Registry of the State.
STATE CENTRAL REGISTRY/ LCSA/ JUDICIAL AUTHORITY.
1.
2.
3.
Registration of application by the State Central Registry.
Transmittal of the child support application back to the LCSA.
Filing of summons and complaint regarding parental obligations in
Superior Court.
JUDICIAL AUTHORITY
END OF PROCEDURE
1.
Establishes the child support order that
should be paid.
----------------------------------------------------------
LOCAL CHILD SUPPORT AGENCY
1. Prepares an Income Withholding Order
and is transmitted to obligor’s employer.
STATE DISBURSMENT UNIT/CONSULATE
OF MEXICO IN CALEXICO
1.
2.
SDU receives payment from employer and
transmitted to Consulate in Calexico.
Consulate office delivers child support
payment to applicant or DIF.
* NOTE: Processing time 3
months
Differences between procedures
 Speedier processing (State vs. Federal)
 Direct communication between state agencies
vs. going through third parties
 Speedier distribution of child support payments
 Facilitates coordination between state agencies
in cases where CP’s physical presence might
be required in Court
International Judicial Assistance
 Definition of International Judicial Assistance
 Definition of Letters Rogatory
 US legal authorities for preparation and issuance of Letters Rogatory:
•
Hague Convention of the Service Abroad of Judicial and Non-Judicial
Documents in Civil and Commercial matters
•
Inter-American Convention on Letters Rogatory
•
United States Code, Title 28, sections 1781 (b)(2), 1782, 1783 and 1651
•
Federal Rules of Civil Procedure, Rule 28 (b)
•
Code of Federal Regulations, Title 22
•
California Code of Civil Procedure, sections 413.10 (c) and 2027.010 (3) (e)
3 Types of Letters Rogatory:
 Service of process of summons, citations and notices
 Obtaining Evidence Abroad (Depositions, Discovery,
etc.)
 Registration and Enforcement of Judgments
 No treaties between
Mexico and the US
 Based on International
Reciprocity
Evidence that can be obtained and verified
through Letters Rogatory
 Employment
 Wages and Insurance Verification (WIVs)
 Real property records
 Personal property (bank accounts)
 Gathering of Mexican judicial documents, child support judgments, information on
Mexican laws, etc.
Note: Mexico links to obtain employment information
Private sector:
 http://portal.infonavit.org.mx/wps/wcm/connect/infonavit/trabajadores/obten+tu+numero+de+seguridad+social+%28nss%29
/obten+tu+numero+de+seguridad+social+%28nss%29
 http://portal.infonavit.org.mx/wps/wcm/connect/infonavit/trabajadores/cuanto+ahorro+tengo/cuanto_ahorro_tengo
Public sector:
 http://om.bajacalifornia.gob.mx/sasip/frmPublicacionesDeOficio.aspx?id=538
Preparation and processing of Letters
Rogatory to obtain evidence in Mexico
STEP 1
Verify NCP or CP
Employment information.
STEP 6
Mexican Court will send information
to ICDCSS through Mexican
Consulate.
STEP 2
Prepare Ex-Parte application for
Issuance of LR to obtain Evidence.
STEP 5
Once LR is received by Mexican
Court, the Court will proceed to
obtain the information requested.
STEP 3
Once issuance of LR is approved by
Court, proceed to prepare LR
using Hague Convention Model form
STEP 4
Translate LR to Spanish and proceed
To transmit LR to Mexican Court
(by mail, file directly with Court, etc.)
Results of the Collaboration
Derived from the MOUs
 Provide better services to customers on both sides of the border in their cases
 Understanding of child support and family laws of Baja California and California
 Use of treaties on International Judicial Assistance to satisfy long arm jurisdiction
 Formal creation of partnerships with Mexico’s state and federal agencies in order to
provide solutions to common situations
 More efficient processing of court cases when dealing with issues of:
 Conflicts of Jurisdiction
 Determination of a controlling child support order
 Establishment of parentage and location of assets of NCP in Mexico
 Child support obligations among border counties
Attachments

Copy of ICDCSS and Consulate of Mexico MOU

Copy of ICDCSS and DIF MOU

Sample Ex-Parte Application for Issuance of Letters Rogatory for Service of Process,
(includes preparation instructions and requirements)

Sample Letter Rogatory for service of process

Sample Ex-Parte Application for Issuance of Letters Rogatory for Obtaining Evidence Abroad

Sample Letter Rogatory for Obtaining Evidence Abroad

Copy of Mexico’s Declaration of International Reciprocity

Copy of Mexico’s SRE (Ministry of Foreign Affairs) URESA-RURESA Child Support Manual
(translated to English)

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) section
459A

OCSE TITLE IV Survivor Guide: “Working a case when a party is in Mexico”
Guillermo Fernandez Villalobos
Tel.: 760-482-2385
guillermofernandez@co.imperial.ca.us
Questions?