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State warns county about deadbeat parent ads/10-2



 
 
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Old October 2nd 04, 01:19 AM
Dave Briggman
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Default State warns county about deadbeat parent ads/10-2

State warns county about deadbeat parent ads/10-2

By Mary Lolli
Friday, October 01, 2004


By Mary Lolli

Butler County Bureau

HAMILTON - A highly successful tool Butler County uses to collect back child
support from deadbeat parents has state officials concerned that it may
violate confidentiality regulations.

But county officials said they are confident the state is worrying
needlessly.

At issue are large newspaper advertisements in which the Butler County Child
Support Enforcement Agency lists the names of all parents who fail to pay
their child support obligations for 90 days or longer.

In a Sept. 24 letter to CSEA Director Dan Cade, the Ohio Department of Job
and Family Services said its confidentiality rule "limits the use or
disclosure of child support information to purposes directly connected with
any investigation, prosecution, or criminal, civil, or administrative
proceedings."

The only exception, according to the letter, is the publication of deadbeat
parents names, photographs and other information for a combined state and
county "Most Wanted" poster program which was authorized under state law.

"I am concerned that your policies regarding publication of names of
obligors is exceeding your authority under our child support confidentiality
rule," ODJFS Deputy Director Joseph J. Pilat wrote to Cade.

Pilat also warned that Cade could be subject to sanctions, including
possible monetary and criminal penalties for violation of the rule "despite
the fact that (he) had gained considerable media attention by publishing
these names."

Pilat said Cade's office was advised last year that the routine newspaper
publication of deadbeat parents "did not appear" to be authorized under law.

He also raised concerns that similar information is provided on the CSEA's
Web site and that those owed child support money were not asked for written
consent prior to the publication of names.

"A questions of breach of their confidential rights and those of their
children could become an issue," Pilat wrote.

But Cade said his office has been researching the issues Pilat raised and
has found nothing in law that prohibits the release or publication of a
deadbeat parent's name.

"I am planning to make a report to county commissioners concerning these
issues within the next week," Cade said. "So I don't want to comment a lot
about it right now. But based on what we've found so far, we're pretty
confident that what we're doing is correct.

"The state is a bureaucracy and, apparently doesn't like innovative ideas,"
Cade said. "But it will really be up to the county commission whether we
continue this program or not. I will abide by their decision."

Commissioner Michael Fox, who initiated the newspaper advertisement program,
said he intends to "vigorously fight" to keep it going.

"I believe strongly in, and we've seen the positive effect, of this
program," Fox said. "It's more than just appealing to a deadbeat parent's
sense of shame. It's giving notice to their neighbors, co-workers and other
acquaintances who can help us track them down and make them live up to their
obligation."

Fox said the state should be encouraging innovative programs to collect
child support payments rather than trying to shut them down. "In light of
the fact that there is closed to $4 billion in delinquent child support owed
to Ohio children statewide, I think they ought to use every tool in the tool
box to collect that money," Fox said.

Commission President Charles Furmon said he also supports the CSEA's local
program.

"I personally don't have a lot of sympathy for deadbeat parents," Furmon
said. "I support the publication of these names and I wouldn't be surprised
to find that we're on solid ground."

Furmon noted that child support orders, and subsequent violations of those
orders, are part of court record and are a matter of public information.

"Unless they can show us something definite in the statute that says there's
a violation there, I'm all for continuing the program," he said.

Commissioner Gregory Jolivette said he agreed with his colleagues.

"We need to continue this program until the state gives us a valid reason
why we can't do it," Jolivette said.

Jolivette and Fox both noted that CSEAs in Pennsylvania have initiated
similar programs with no problems from their state offices.

"I'm just hopeful that this disagreement doesn't lead to a deterioration of
the relationship the county has with the ODJFS," Jolivette said.

Pilat's letter indicated the state would wait for a response from the county
before deciding whether to pursue sanctions.


Contact Mary Lolli at (513) 820-2192, or e-mail her at .


 




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