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Part
1: -- The county's child support program may be the worst in the
nation, driving families into financial ruin while hiding its problems
through questionable bookkeeping.
Plus -- A computer
system that was supposed to dramatically boost collections has
instead pulled some parents into nightmare.
And -- During 30 years as a prosecutor, Dist.
Atty. Gil Garcetti never felt as threatened as he did last year
by a silver-haired handyman from Brazil.
Part
2: -- The task of trying to resolve child support problems proves
daunting in a court system pushed by the district attorney's office to
focus on volume and speed.
Part
3: -- Weak state oversight of counties like Los Angeles has left
California with one of the poorest child support systems in the country.
Yet its leaders fight key reforms. |
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os Angeles County's child
support failure is just a piece of a much larger puzzle.
The entire state of California for years
has languished near the bottom of the nation in many categories of collecting
child support. This year alone, an estimated 3 million children statewide
will go without the money they are owed.
Henry Anderson attends a
meeting of "My Child Says Daddy," where men gather weekly to discuss ways
to negotiate the court system regarding child support issues.
ROBERT GAUTHIER / Los
Angeles Times |
As the largest and by most measures worst
county in California in collecting support, Los Angeles is blamed by many
for pulling the state down in national rankings. But the only way to truly
change Los Angeles' performance would appear to be to restructure the entire
state system.
That prospect, for now, seems unlikely.
Past efforts to reform the state's child
support system have been largely blocked by the powerful county district
attorneys, whose agencies receive millions of dollars in incentive payments
from the federal government.
"The question here is not whether the
line workers and the local D.A.'s are working their tails off," said Assemblywoman
Dion Aroner (D-Berkeley). "But it doesn't seem to change how we're doing.
At some point you say maybe we have to totally revamp what we're doing."
State officials charged with running
California's child support system say that, although the program is still
in need of improvement, it is moving forward after years of neglect.
"The future's brighter than it's [ever]
been," said Leslie Frye, head of the state's child support office, which
oversees the way district attorneys collect child support in their counties.
Not everyone at the state level agrees.
Tough Laws, Weak Record
California's watchdog Little Hoover
Commission last year issued a scathing report on the child support program,
noting the irony of a state with some of the toughest child support laws
in the nation having such a poor track record.
"In recent years, the child support
program has been bolstered by considerable federal and state legislation,"
the report said. "But given the possibilities and the imperative, the progress
is anemic."
Another report, released Monday by a
coalition of child support advocacy groups, says that although the amount
of support collected has grown in the past five years, the amount of uncollected
money has increased far more dramatically--from $3 billion in 1992 to $8.2
billion as of 1996.
"Overall, the state's child support
program remains near the bottom of the nation, failing far more children
than it helps," said the report issued by the National Center for Youth
Law, the Child Support Reform Initiative and Children Now.
Those who want to reform the state's
child support system can choose from several models across the nation.
Some states, like Texas and Florida,
rely on a single agency to collect support--the attorney general and department
of finance, respectively. Others, like Minnesota and New York, split the
responsibility between several county agencies and rely on another bureaucracy
in the state capitol to coordinate.
A small demonstration of
angry fathers outside an Anaheim hotel where the fourth annual "Fathers,
Families and Communities" conference was held.
ROBERT GAUTHIER / Los
Angeles Times |
In some states, child support is a largely
administrative process. In others, like California, it is run by county
prosecutors who put the process in more of a judicial framework.
All states have one thing in common:
They do not collect nearly enough of the money owed to children.
"Child support is not an easy business,"
said Robert Doar, who runs New York's program. "We are dealing with money
and family, and those [things] will make people do the most mean-spirited
things. . . . We have to have realistic expectations about what we can
achieve."
Some states, however, are better than
others for a variety of reasons, experts say--usually a mixture of demographics,
management and structure.
Critics say California--especially Los
Angeles County--lags in all three.
"California has one of the worst systems
in the country," said Columbia University professor Irwin Garfinkel, a
leading child support scholar. "The system is so localized . . . so county-based,
it's almost like going from one state to another, [and] that probably by
itself accounts for the relatively dismal performance."
The states that are most successful
tend to have strong, centralized coordination, even if each county operates
independently, said Michael Kharfen, a spokesman for the federal Department
of Health and Human Services.
In its report, the Little Hoover Commission
found that is not the case in California and contended that the Department
of Social Services was "rewarding excuses rather than results."
The rewards come in the form of federal
funds that flow to California from the federal Department of Health and
Human Services. Last year, spending by district attorneys across the state
increased faster than the child support they distributed.
The Little Hoover Commission and the
state's legislative analyst have criticized as deeply flawed the way the
state Department of Social Services has for years evaluated the child support
efforts of California's district attorneys.
Even if a district attorney's office
failed its performance evaluation, it still could receive millions in federal
dollars. Los Angeles County, for example, failed every performance evaluation
until last year. Yet between 1995 and 1997, according to an analysis by
the National Center for Youth Law, the amount of federal money it received
rose eight times faster than its collections.
The reason the state does not take a
harder stand is because it hopes to work with the district attorneys to
help them better provide for the children they serve. Although Frye said
the approach has succeeded, advocates counter that it has undermined accountability
by allowing systems like Los Angeles' to collect from parents in only a
fraction of their cases, without penalties or consequences.
In Los Angeles, the district attorney's
office collects support from the noncustodial parent in fewer than 8% of
its 500,000 cases.
"It is a massive failure of the whole
regulatory structure," said Betty Nordwind, executive director of the Harriett
Buhai Center for Family Law in Los Angeles.
"Where is the state? Where are the feds?"
said Nordwind, who also chairs the county's Family Support Advisory Board.
"How come this program, which is one of the largest in the country . .
. has been allowed to get this far in life with an 8% collection rate?"
The Legislature changed the evaluation
process this year, focusing on each county's performance in collecting
child support to reimburse the welfare system.
Other efforts to reform the system,
however, have died.
In each of the past three years, child
support advocates had bills introduced in the Assembly or the state Senate
to move control of child support programs from the district attorneys to
another government agency.
Some years the bills simply died without
a hearing. In other years, proposed reforms were killed after strong opposition
from the California District Attorneys Assn., which has a child support
lobbyist.
"You can't get enough people who want
to take on the district attorneys," said Assemblywoman Debra Bowen (D-Marina
del Rey). "It gets derailed before it ever gets voted on."
Los Angeles lawyer Gloria Allred, a
longtime child support advocate, said, "I can't really account for why
[district attorneys] want to hold onto it, except to say I've never seen
an elected official give up power. . . .
"If I had a system that didn't work,
I'd want to fix it or turn it over to someone else."
Alternative Strategies
It is not just a question of mismanagement,
some say. Prosecutors simply may not be the best people to handle the sensitive
issue of child support.
"They're set up to hunt down and punish
people who have broken the law," said Michele Salinger, a staff attorney
at Levitt & Quinn Family Law Center in Los Angeles, which helps indigent
parents deal with the district attorney's child support office. "I think
this problem is so bad and so broad right now that it needs a somewhat
finer touch."
Even some former district attorneys
concede that the program should be moved.
"The D.A.'s office wasn't and isn't
set up to do collections," said former Los Angeles Dist. Atty. Robert Philibosian,
who advocates privatization.
Prosecutors say they should keep the
program because they can run it best.
"We strongly believe that the further
away you remove it from local control, the worse the service is going to
get," said Sacramento prosecutor Jonathan Burris, president of the California
Family Support Council.
At least now, said San Diego County
Dist. Atty. Paul Pfingst, voters can hold someone accountable for the child
support program. "There [has] to be an elected person whom the public can
kick out of office rather than a bureaucracy far away that history has
shown us doesn't care."
Accountability Measure
The district attorneys this year, however,
were instrumental in killing a measure that could have provided more accountability
for their child support operations.
Assemblywoman Aroner introduced a bill
to create an appeals process for mothers or fathers who believe that their
child support cases were botched by district attorneys. It was a move suggested
by the Little Hoover Commission in its 1997 report.
The district attorneys organization
opposed the bill, arguing that untold thousands of parents would complain.
It estimated that the process would cost millions of dollars, a contention
Aroner's office disputes.
Prosecutors also argued that an appeals
process would have been redundant.
"You right now have that same process
existing in the court," Burris said. "If the court process is unfriendly,
if they think it's not usable by people, they have to fix that process."
Despite opposition from district attorneys,
the bill gained wide support in the Legislature and was passed on a bipartisan
vote, backed by a unique lobbying partnership between fathers' and mothers'
rights groups.
But last month, Gov. Pete Wilson vetoed
the bill, saying child support was already adequately monitored by the
state and federal governments and did not need additional oversight.
Now, said Leora Gershenzon of the National
Center for Youth Law, a backer of the bill, "we have to start from scratch
next year."
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Times researcher Janet Lundblad contributed
to this story.
Who to Call for Help
The following organizations provide
free or low-cost advice on child support matters:
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ACES (Association for Children for the Enforcement of Support) (800) 738-2237
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Child Support Paralegal Services (213) 387-2727
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CORE (Congress on Racial Equality) (213) 252-1996
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Harriett Buhai Center for Family Law (323) 939-2174
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Lawyers for Family Support (323) 852-1475
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Legal Aid Foundation of Los Angeles (323) 801-7991
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Levitt and Quinn Family Law Center (213) 482-1800
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My Child Says Daddy (323) 296-8816
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Neighborhood Legal Services (800) 433-6251
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SPUNK (Single Parents United 'N Kids) (562) 984-2580
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Vincent Family Law Center (213) 365-6085
Copyright Los Angeles Times |