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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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