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Challenges & Challengers:
Customer Service Strategies
For IV-D Attorneys
Paola Castro, Lead Attorney, Riverside County DCSS
Jeff Schroer, Chief Attorney, Kern County DCSS
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Level-Setting on the Island
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IV-D Attorney Statutory Role
1. IV-D Services via Local Child Support Agencies (LCSAs)
2. IV-D Attorneys are included in any LCSA team
Family Code section 17400(a)
Family Code section 17400(b)(1)
3. Represent public interest through the County LCSA
Family Code section 17406(a)
4. All attorneys are Officers of the Court
B&P Code section 6067; CA Rules of Court, rule 9.7
5. Exercise independent judgment and render candid advice
CA Rules of Professional Conduct (RPC) rule 2.1
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Attorney-Client Relationship
Family Code section 17406 (a)
In all actions involving paternity or support,
including, but not limited to, other proceedings under
this code, and under Division 9 (commencing with
Section 10000) of the Welfare and Institutions Code,
the local child support agency and the Attorney
General represent the public interest in
establishing, modifying, and enforcing support
obligations. No attorney-client relationship shall
be deemed to have been created between the
local child support agency or Attorney General
and any person by virtue of the action of the
local child support agency or the Attorney
General in carrying out these statutory duties.
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The Public Interest Stakeholders
What does it mean to represent the public interest?
IV-D program (Framework of services)
LCSA (Implementation of services)
Participant (Recipient of services)
Partners (Collaborate to provide services)
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Public Interest Goals
Focus on the goals of the relationship
Advocating for laws, policies, procedures, and
partnerships that provide education, consistency, and
accessibility to the public.
The participants are not the clients, however, they are
the most impacted group, so we are responsible for:
• Introducing ourselves
• Explaining the laws and policies that govern what we do and are the basis for our positions in court
• Evaluating each case separately and applying the law consistently
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Execution of the Role
Adversaries vs. Families
IV-D attorneys should not have adversaries in court.
We are providing services to families that sometimes
disagree with how we do things.
A disagreement on how we do things is not always a
disagreement on why we do things. Most participants
will agree that supporting children financially should
be a priority and taken very seriously.
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Execution of the RoleLitigating vs. Advocating
A narrow view of IV-D attorneys is that we go to court and get orders that
establish and modify child support.
A broader view is that we are advocates for a program that seeks to
engage participants in the process of establishing and modifying child
support orders.
We are the face of the legal actions taken by the LCSA.
The impression we make in court can make or break the relationship a
participant has with the court system.
We can provide explanations of the law, options and resources that
will allow the participant to engage meaningfully in the court process. We
are by no means opposing counsel in the traditional sense.
When we advocate for a position that is in direct opposition with the
participant’s position, it is in the role of advocates for a program that must
apply the laws of this State and the policies of the LCSA consistently.
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The Lay of the IslandThe laws governing child support enforcement
prioritize collecting child support from almost
any source.
The IV-D program is highly regulated.
We have a statute that supports every enforcement action we take.
The permissible objections/exemptions that a participant can raise are
limited and defined by statute.
IV-D attorneys don’t need to add any intimidation in court. The laws are
already setting the tone for the action. The support of children is of the
highest priority.
The laws are not always easy to understand, we send a high volume of
forms that are not always easy to fill out or return. What is needed from
IV-D attorneys in court is patience to gather as much information as
possible to apply the law appropriately to the specific facts of each case.
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IV-D Attorney Myths and Legends
1. IV-D Attorneys members of the District Attorney team?
Family Code sections 17303 and 17304
2. LCSAs must have IV-D Attorney as its Director?
Family Code section 17304(f)
3. IV-D Attorneys legally represent custodial parents?
Family Code section 17406(a)
4. IV-D Attorneys’ goal to maximize support when in court or
conducting meet and confer negotiations with parties?
Family Code section 17406(a); RPC rule 2.4(a), (b)
5. Are there other enduring myths and legends to resolve?
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IV-D Attorney Descriptive Terms
Counsel of Record for LCSA
Chief / Lead Attorney
Supervising Attorney
Of Counsel
Director / Deputy Director
Officer of the Court
Deputized Prosecutor
Third-Party Neutral
Advocate for Public Policy
Staff Attorney
Are there other descriptions and are they accurate?
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Regardless of the Description…
IV-D Attorneys, like other attorneys must be:
Competent (RPC rule 1.1)
Loyal (i.e., confidentiality – Family Code section 17212)
Diligent (RPC rule 1.3)
Candid and honest (RPC rule 8.4)
IV-D Attorneys, like other attorneys, must not:
Be malicious
Harass
Threaten
Falsify Information
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Organizational Culture
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Recognizing Organizational Culture
Every organization, each LCSA, Regional LCSA
and County has a unique organizational culture
What is Culture?
Shapes both the explicit and implied social order in any
organization – “how are things done here”?
Shapes prevailing attitudes and behaviors of the group
These cultural norms, in turn, define what is encouraged,
discouraged, accepted or rejected within the group
When culture, mission, vision and values align for
organizational cohesiveness, the organization can thrive
Culture can stagnate or evolve in response to opportunity
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Characteristics of Culture
Some Defining Signatures of Culture
Culture is a shared phenomenon
It is pervasive within the organization
Culture has an enduring quality for better or worse
It is implicit in the organization, and manifests through
collective behavior, the physical environment, unique
practices, and stories and legends from the past that
remain alive, and keep resurfacing to reinforce the
culture, for better or worse
It may impact how we view ourselves within the
organization and, how our group perceives other
organizations
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Defining Your Group’s Culture
The Good News – Culture Can Adapt and Evolve
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IV-D Culture and the IV-D Attorney
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IV-D Customer Service Evolution
IV-D Customer Service Delivery Has Evolved
District Attorney enforcement model to holistic approach
Court formality and austerity to collaborative negotiations
“The way we’ve always done it” to “Let’s innovate”
Technological innovations to improve customer interaction
Paradigm shift from cost recovery to reducing poverty
Collaborative services approach instead of siloed services
Desire for increased engagement with community partners
Can you think of other customer service delivery
evolutions?
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Isolation Island – The Past
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Traditional IV-D Attorney Roles
Litigating Disputes
Going to Court
Enforcing Orders
Reviewing / Preparing Motions
Drafting Pleadings / Briefs
Answering Legal Questions
Researching Legal Issues
Any others come to mind?
Are these roles collaborative?
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Individual vs. Team Comparison
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Individual vs. Team Comparison
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Merging the Tribe
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Collaborative, Helpful, Useful RolesExpanding the Attorney Role Benefits the Group
Policy and Procedure development
Process Mapping
Data Reliability Audit participation
Performance Management Plan development
Attorney/Operations Initiatives and Pilot projects
Training - Development and Delivery and SMEs
“Attorney of the Day” as a dedicated resource
Outreach in the community and to community partners
Participation in group committees and fundraising
Volunteerism – in the community and in the Program
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Versatility Strengthens the Group
Taking Action to Encourage Innovation and Growth
Personal and Professional Development
Seeking out and trying new things – some examples
• Lean Six Sigma
• Toastmasters and similar personal development programs
• The Pacific Institute and similar mind-set programs
• LinkedIn Learning, FranklinCovey /Other online resources
• Reading and learning
• Personal wellness and work-life balance resources
Discovering innovations and bringing them to the group.
Do other thoughts and ideas come to mind?
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Community Partnerships/Outreach
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Community Partnerships/Outreach
Reaching Out to Other Tribes Strengthens the Group
Engagement with Other Local/County Groups
• Court – what does your regular meeting structure look like?
• Family Law Facilitator – a viable cross-referral process?
• Department of Human Services
• Family Justice Center – is there one and are you part of it?
• Local Bar Association and private counsel
• Community Leadership Councils and Community Events
• Fatherhood Organizations
• Training and Workshops in the Community
• Are there other engagements that can assist the group?
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A Successful Tribal Council
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A Successful Tribal CouncilConvincing the Jury of your Peers
Every organization has a unique culture
Stereotypes, stories, myths and legends reinforce culture
Culture is pervasive but can evolve and adapt
As Leaders, it is important to be intentional about envisioning
and designing the group culture to best serve our customers
Cultural change requires the investment of the group
IV-D Attorney usefulness to the group is broader than statute
Merging of the tribes can be very powerful in providing the
best customer service to internal and external customers
Be nice and accepting of everyone – most important lesson
from real contestants that translate to every endeavor
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Challenges Unique to IV-D
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Customer Challenges in IV-D
Initial Thoughts to Consider
Every customer has a unique perspective and focal point
Sincere, active, mindful listening
Care and Connect through meaningful engagement
Open doors with questions
• Provide customer education about the IV-D Program
Resolve and Recommend
• Referrals and resources
End the Call, Contact or Engagement
• Its not a final goodbye, just so long for now…
• What are the next steps, customer expectations, etc.?
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Customer Challenges to IV-D
Focal Point May Include Deeply Held Convictions
Some customers question both IV-D and judicial authority
Suggested best practices applicable to all customers
• Family Code section 17800 et seq. complaint process
• Customer education, including reference to legal authority
• Family Code section 17406 – no legal advice
• Handling objections to assigned IV-D Commissioner
• Is every case conducive to collaborative negotiations?
• Responding to written questions and document requests
• Other considerations
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Paola Castro, Lead Attorney, Riverside County DCSS
[email protected] 951-955-6984
Jeff Schroer, Chief Attorney, Kern County DCSS
[email protected] 661-868-2814
