Friday, December 17, 2021

Using Technology to Conduct “FIG” Conferences: Adjusting Course in a COVID-19 World

By Tracey M. Bankhead, Muskegon County Family Court Counselor

Woman communicating through virtual meeting.
The child support world has always been a world of changes – changes in policies and changes in processes, but never so much and in such a short span of time as it has been with the onset of the COVID-19 pandemic in March 2020.

Friend of the court (FOC) offices across the state have had to adjust and pivot in how they do business with the families they serve on a daily basis. Let’s face it: people still needed the FOC to assist with the issues of life that go along with custody, parenting time, and child support, and facilitative information gathering (FIG) conferences were a big part of that. However, in being forced to change how that process worked in order to keep the people we serve and our staff safe, I believe that we learned we can be flexible in how we provide those services. And through these changes we are providing excellent customer service while helping families resolve issues regarding the best interests of their children.

It’s been almost two years since our service world changed due to the COVID-19 pandemic. Can you believe that? So, to get some perspective, let’s think about what the FIG conferences looked like in Muskegon pre-COVID-19. Whether it came through a divorce with minor child (DM) or custody (DC) case filing, a referral in a court order, or through a parenting time motion, FIG conferences in Muskegon County were conducted in person. Whoever was working on the case would review it and gather background information, conduct domestic violence screenings, and schedule the parties – either together or separately, depending on the results of the domestic violence screening – for a conference in our office within the following two weeks. The scheduling documents would be drafted and snail-mailed to the parties.

On the date of the scheduled conference, parties would appear we hoped – in person (together or separately) to meet with a family court counselor or family court specialist, depending on the case type, and a FIG conference would take place and hopefully a resolution reached. At the end of a conference where an agreement was reached, parties would be seated in the hallway while the counselor or specialist drafted their agreement. Once completed, and the parties were brought back into the office to review and sign the agreement. If there was no agreement the parties would leave and wait for the documents to arrive by mail. This could be a very time-consuming process for parties, requiring time off from work, childcare, and/or transportation – all of which could be a hardship.

So how have our processes evolved during COVID-19? I say “evolved” instead of “changed” because, in my opinion, the adjustments signal growth, and it was necessary growth in this technological and uncertain age. We now serve a generation of parents who default to technology to do business wherever possible. In addition to that segment of the population, we serve families who cannot easily come and sit in our offices for an appointment that may last two hours, not including travel time.

The COVID-19 pandemic ushered in widespread use of virtual conference platforms, such as Zoom. This enabled staff to meet with parties, either separately or jointly, and conduct FIG conferences with the same, if not better, outcomes. Parties are no longer frustrated that they had to leave or take time off work to come to our offices. They can take a break and join the conference by telephone, tablet, or computer. I have had many parents express to me at the end of a FIG conference how much more convenient the process is. They didn’t necessarily need childcare. They could go into another room and participate in the conference. There was no need for transportation because they did not have to leave the comfort of their home to participate.

Even before you get to the actual conference, there are efficiencies that have been realized in this new process. We still review the cases and conduct domestic violence screenings, but we are able to discuss with the parties whether an appointment sooner than two weeks works for them. Due to COVID-19, the Michigan Supreme Court gave us the ability to serve parties via e-mail where that information was available, making it easier to get appropriate notice to parties and their attorneys of record. Mail was significantly slowed during this time, which caused issues in getting notices, documents, and orders to families. We can now more easily communicate with parties who we may not have been able to reach otherwise due to work hours, old or inaccurate addresses and telephone numbers, etc.

Are there issues? Of course there are issues, but that is to be expected of any new process. As with physical addresses and telephone numbers, e-mail addresses must be kept up-to-date with our office. I have seen parties use the excuse, “I don’t check my e-mail regularly,” as the basis for their objection to a recommendation.  Accountability of parties is still necessary. It remains their responsibility to update their information when it changes.

And of course, there are parties who struggle to use technology for one reason or another. It is my opinion that public education is the answer for much of this, but we have to also know that nothing we do will ever please everyone. It would be impossible to have a contingency plan for every possible complaint, but the more flexible we’re able to be, the better customer service we will be able to provide. Some folks we will never make happy, but I am amazed at how well and how quickly we were able to put resources in place for staff to give their highest level of service to the people we serve every day and prevent major gaps in service.

The COVID-19 pandemic has been rough, but the people who work in child support have been TOUGHER!

Tracey Bankhead
Tracey Bankhead is a Family Court Counselor for Muskegon County Friend of the Court and a supervisor in the Procedural Justice-Informed Alternatives to Contempt grant project and of new community enforcement officers. She has been with the FOC since 2014, working as a child support specialist and an enforcement officer before entering management. She moved to Michigan in 2012 and is married to Johnny Bankhead. They have a blended family of five adult children and just welcomed their third grandchild.