By Elizabeth
West, Management Analyst, Friend of the Court Bureau; and Amy Rebideaux,
Muskegon County Friend of the Court Director
In early
2021, the Federal Office of Child Support Enforcement (OCSE) issued a grant
proposal called Safe Access for Victims’ Economic Security (SAVES). OCSE
accepted proposals for a 5-year demonstration project with a focus on
comprehensive domestic violence policies, procedures, and program services to
increase safe access to child support services for victims/survivors while
looking at all domestic relations matters through a trauma-informed lens.
The Friend of
the Court Bureau in the State Court Administrative office (SCAO FOCB) and
Muskegon County applied for the grant in June 2021, and was awarded one of the
16 demonstration grants in September 2021. Michigan’s grant proposal was unique
among the 16 grantees in that it created a two-track approach – a
county-specific track and a state workgroup track.
During the grant writing, the grant team learned that the family violence data within MiCSES has fluctuated over the past ten years. As of June 2021, 23.7 percent of all open Michigan IV-D cases contain a family violence indicator. The numbers reported in MiCSES are much lower than the national average reported.
This indicates there are likely many more cases that require some degree of protection than the child support program is aware of.We also
learned more about the difficulties in parenting and co-parenting within the
context of domestic violence. Studies indicate that people who have experienced
trauma in the past are routinely retraumatized by the court process, especially
in the case of domestic violence survivors. Survivors are often recovering from
trauma, and many have post-traumatic stress disorder and must overcome the
challenge of facing their abuser in court. Facing one’s abuser in a courtroom
is not only an intimidating and difficult process but can provide the abuser
with an additional opportunity to exert power and control over the victim,
often by co-opting the features of the justice system. Many survivors may
settle for less in mediation or opt out of participating in the legal system
altogether for fear of being traumatized, often because of previous
experiences. In other words, re-traumatization presents a serious barrier to
justice, particularly given the prevalence of domestic violence.
There are few
studies concerning the exact form domestic violence trauma has on the brain to
determine what changes in courtroom procedures may be effective in achieving
better results. Over the past few years, SCAO FOCB has been studying how
adverse childhood experiences (ACEs) have played a part in the family court
system. Data provided by SCAO about Muskegon County indicated that as the
percentage of the population with four or more ACEs increased, so too did the
percentage of cases with a Personal Protection Order. These findings indicate
there could be co-occurring traumatic disorders for many domestic violence
cases which would call for process changes like those in juvenile courts, but
there may need to be even more extensive changes due to multiple forms of
trauma.
Because domestic
violence varies in its frequency, form, and severity, we in Michigan have been
unable to implement a “one size fits all” standard to apply for survivors of
domestic violence. One of the most difficult obstacles faced by child support
practitioners once domestic violence is detected, is balancing all parties’
legal interests and rights with the legal and moral obligation of keeping each
participant safe.
Part 1: Muskegon County Intervention
The first half of the grant involves Muskegon County Family Court
implementing a local workgroup that will review the local child support
practices in Muskegon County. This group consists of a local Domestic Violence
Services and Prevention Organization, Every Woman’s Place, West Michigan Legal Aid,
Michigan Department of Health and Human Services, persons with Lived
Experience, Staff from the Muskegon and Ottawa Friend of the Court offices, and
the Michigan Office of Child Support.
The Workgroup will review the process of establishing paternity
and support orders in Muskegon and will make recommendations for changes that
Muskegon can make to assist survivors of domestic violence obtain child support
orders in a safe manner.
Muskegon will also implement an education component that is
intended to provide meaningful and complete information on how the child support
system works in Michigan, and specifically in Muskegon. It will provide
information on the protections that are currently available to ensure safety,
and where there are “holes” in the system that currently cannot be dismissed. Muskegon
leadership believes that the first step in comprehensive changes starts with
empowering survivors with knowledge, which will then allow them to make the
best decisions for their situations and their lives. The pilot state of this
project will begin with monthly presentations at Every Woman’s Place.
Finally, Muskegon will begin the process of developing and
implementing a specialty court. This will begin with the creation of triage
teams consisting of a case worker and an advocate from Every Woman’s Place and
other community partners as needed. If a survivor chooses to apply for child
support, the team will assist them with completing a IV-D application for
services, and then will set an appointment to begin to create a safety plan for
starting a case. Once a safety plan has been created, the case worker will file
the summons and complaint with the court to initiate proceedings.
Other tasks that Muskegon will work on include:
- Updating Domestic Violence screening tools;
- Working with OCS to review paternity establishment processes at hospitals;
- Reviewing Parenting Time orders in cases to analyze the intersection of domestic violence and parenting time; and
- Piloting process change recommendations from the SCAO-FOCB Statewide Workgroup.
Part 2: SCAO FOCB Statewide Workgroup
The second half involves SCAO FOCB implementing a statewide
workgroup that will examine the state’s approach to domestic relations cases
through a trauma-informed lens.
The Workgroup is focusing its efforts on reviewing the child
support, custody, and parenting time process from the parent’s first
interaction with the court and IV-D program through the life of the case. While
reviewing the process, this workgroup will identify state policies, procedures,
court rules and law that require modification to provide parents in Michigan
with a process that is safe, accessible, fair, and trauma-informed. The
proposed plan will apply to all cases whether domestic violence has been
identified to protect those persons in cases where domestic violence has not
been identified.
Muskegon County and other volunteer counties will test the
Workgroup’s recommendations and report back to the Workgroup about what is
working and what obstacles the court is facing. The Workgroup will then provide
recommendations to child support, custody, and parenting time policy
stakeholders on changes that can be made in court procedures to assist trauma
survivors navigate the court process.
The SAVES Statewide Workgroup is made up of members from:
- Muskegon County FOC
- Friend of the Court Association
- Michigan Judicial Association
- Referees Association of Michigan
- State Bar of Michigan Family Law Section
- Prosecuting Attorneys Association of Michigan Supreme Court
- Michigan Department of Health and Human Services Domestic Violence Prevention and Treatment Board
- Michigan Department of Health and Human Services Office of Child Support
- Community domestic violence survivors
- Community domestic violence prevention providers
- Mental health providers who focus on trauma-informed care and services
- Local legal aid organizations
The State workgroup began meeting in January 2023, which kicked
off with ACES and Trauma-Informed trainings provided by Workgroup members. The
Workgroup is scheduled to meet over a two-year period, meeting in a large group
and in smaller subcommittees. After the two-year Workgroup period, SCAO-FOCB
will begin to directly address the recommendations made by the workgroup,
pursuing changes in legislation, court rules, and statewide procedures.
The goal of this statewide project is to anticipate safer, more
positive outcomes in domestic relations cases where trauma or domestic violence
is present. We expect to see:
- More direct participation by parties to establish paternity.
- More participation in implementing child support and parenting time orders.
- Less power and control tactics used in modifying and enforcing orders.
- More disclosure of situations that identify needs to connect parents to services.
- Eliminating disparities in access for both parents.
- Creating case management strategies that recognize domestic violence as an issue and seek to minimize the risks associated with it.
Domestic violence survivors have said that one of the primary reasons they stay with or return to an abusive partner is financial dependence. When received, child support is a primary source of income for custodial families. Michigan’s SAVES grant will it is anticipated, play a key role in enhancing safety, economic stability, and helping survivors leave and stay away from abusive relationships.
If any county FOC office is interested in testing the Workgroup’s recommendation, or have questions about the SAVES Grant Statewide Workgroup, please contact Liz West at WestE@courts.mi.gov.
