working with mexico: strategies for success alisha griffin, director california department of child...
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Working with Mexico:
Strategies for Success
Alisha Griffin, Director
California Department of
Child Support Services
Uniform Interstate Family Support Act
International• Hague Convention - Multilateral treaty
National• Title III of the Federal Preventing Sex Trafficking and
Strengthening Families Act - requires states to ratify 2008 version of UIFSA
State• Senate Bill 646 (Jackson) - adopts 2008 version of UIFSA in
California
County• MOU between Sistema de Desarrollo Integral para la Familia (DIF)
for the state of Baja California and Imperial County Department of Child Support Services
DIF and Imperial DCSS MOU
Formalizes the partnership between agencies to develop and expand a framework of cooperation that will assist both agencies with their goals of providing child support services.
• Imperial County Department of Child Support Services
• Sistema de Desarrollo Integral para Ia Familia- Baja California
Ceremonial Signing held December 18, 2014
Ceremonial Signing held December 18, 2014
Guillermo Fernandez Villalobos,
Special Programs Coordinator
Imperial County Department of Child Support Services
BRIEF HISTORY
Partners
Imperial County Department of Child Support Services (ICDCSS)
Mexican Consulate, Calexico
DIF Baja California (Sistema Integral para la Familia)
Why a partnership needed to be built
Common issues between partners and their needs
Immigration issues
International Judicial Assistance issues (service of process and obtaining evidence abroad)
Need for clarification on foreign laws (i.e., Mexico’s establishment of parentage and clarification on child support orders vs voluntary child support consignments)
Conflicts of law and jurisdiction
Enforcement of child support orders on both sides of the border
Outcomes
A partnership was necessary to bring solutions to common barriers that arise across the borders of Mexicali and Imperial County
Provide better assistance to our Courts in order to determine Continuing Exclusive Jurisdiction in child support orders
It was necessary to remove barriers on Child Support Services such as:
- Language- Culture- Legal literacy- Immigration Concerns
Necessary to establish an alternate procedure allowed by statutes and regulations to expedite the processing of applications for child support services between Imperial County and Mexicali, B.C. (Baja California)
What did it take to get here?
Initial collaboration
2009- Memoranda of Understanding between Superior Court of California, County of Imperial and the Government of Baja California
2011- Imperial County DCSS was invited by Imperial County Superior Court and the Judicial and Executive Branches of Baja California to provide training in child support as part of their MOU
2013- Memorandum of Understanding between Imperial County Department of Child Support Services and Consulate of Mexico in Calexico, California
2014- Memorandum of Understanding between Imperial County Department of Child Support Services and DIF Baja California
Legal authorities for ICDCCS MOU with DIF
CALIFORNIA BAJA CALIFORNIA
California Family Code (UIFSA Chapter §4901-5005)
California Code of Regulations §110000-119900
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) section 459A
Federal Law for the execution of treaties, sections 1,2, and 3 (allows state government agencies to execute MOUs with foreign governments)
Mexico’s International Declaration of Reciprocity
General Health Laws, section 182 (Ley General de Salud).
Manual for Collection of Child Support between Mexico and the US (Ministry of Foreign Affairs)
Luis Benjamín Lara Escobedo,
Vice-Consul
Consulate of Mexico in Calexico, CA
Legal Authority
■ The Constitution of the United States of Mexico
■ Vienna Convention on Diplomatic Relations
■ Vienna Convention on Consular Relations
■ Mexican Foreign Service Act
■ Organic Law of the Federal Public Administration
■ Internal Regulations of the Ministry of Foreign Affairs
■ Regulation of the Law of the Mexican Foreign Service
Consular Duties and Responsibilities
■ Protect their nationals, whether natural or legal persons, within the limits permitted by international law
■ Encourage the development of commercial , economic, cultural and scientific relations with the receiving State
■ Ascertaining by all lawful means conditions and developments in the commercial, economic, cultural and scientific life of the receiving State, reporting thereon to the Government of the sending State and giving information to the persons concerned
■ Issuance of passports and travel documents to nationals of the sending State, and visas to foreign citizens
■ Help and assist nationals of their country of origin, whether natural or legal persons
■ To act as notary and civil registry
■ Take appropriate measures and arrangements to assist their nationals to have proper representation in the courts and other authorities of the receiving State, in accordance with the practice and procedures of the receiving State (Immigration Waivers)
Mexican Consulate Organizational Chart
DEPUTY CONSUL
CONSUL
DOCUMENTATION, VISAS, NOTARY
PUBLIC, AND CIVIL REGISTRY AFFAIRS
ECONOMIC AFFAIRS
ATTENTION TO MEXICAN
COMMUNITIES, PRESS, AND
CULTURAL AFFAIRS
ADMINISTRATIVE AND
TECHNOLOGICAL AFFAIRS
CONSULAR PROTECTION
AND LEGAL AFFAIRS
Duties and Responsibilities of the Protection and Legal Affairs Department
Processing of child support applications from Mexico to the US under UIFSA
Processing of international restitution applications of abducted children
Processing of immigration waivers
Processing of letters rogatory and letters of request
Consular assistance of Mexicali Nationals in death penalty cases as well as of their nationals detained in the US (Immigration Detention Centers, State Prisons, etc.)
Assistance in the transmittal of corpses of Mexican citizens that have passed away in the US
Assistance in legal matters (workers compensation, human rights, civil, criminal and family law)
Repatriation to Mexico for unaccompanied minors after their intent to cross the US border
Assistance in the recovery of stolen and seized vehicles
Consular duties in child support cases
Process and transmit all child support applications received from Mexico‘s Central Authority
Maintain contact with LCSA in order to provide notice and updated case information to child support applicants
Distribute child support collections to applicants
Assistance in filling out child support applications
Provide legal information of the child support judicial and administrative process to applicants
Assist child support applicants in obtaining immigration waivers when their physical presence is required/ordered in child support hearings
Process letters rogatory for service of process abroad and the taking of evidence abroad in child support cases
Facilitate communication between judicial and administrative authorities across the border in child support cases, such as where continuing exclusive jurisdiction (CEJ) is at issue
APPLICANT requests the establishment and payment of a child support order.
LOCAL FIELD OFFICE OF MEXICO MINISTRY OF FOREIGN AFFAIRS “SRE” (CENTRAL AUTHORITY IN MEXICO) 1. Interview of applicant, review of UIFSA application and
attachments2. Case registration on SIPC (Informative System of
Consular Protection)3. Transmittal of child support applications to the Family
Department of SRE. (Central authority in Mexico city). 4. Transmittal of child support application to the State
Registry of the State where obligor is found.
STATE CENTRAL REGISTRY/ LCSA/ JUDICIAL AUTHORITY 1. Registration of application by the State Central Registry. 2. Transmittal of child support application to the LCSA
where obligor is located. 3. Filing of summons and complaint regarding parental
obligations in Superior Court.
YES NO
JUDICIAL AUTHORITY1. Establishes the child support order
that should be paid.---------------------------------------------------LOCAL CHILD SUPPORT AGENCY 1. Prepares an Income Withholding Order and is transmitted to obligor’s employer.
STATE DISBURSMENT UNIT/ CONSULATE OR LOCAL FIELD OFFICE OF MINISTRY OF FOREIGN AFFAIRS1. SDU receives payment from employer and
transmitted to Consulate or SRE. 2. Consulate or SRE Local Field office delivers child
support payment to applicant.
END OF PROCEDURE
SERVICE OF SUMMONS
Transmittal Procedure of Child Support Applications
from Mexico to the United States Of America
Consuelo Luna Pineda,
Prosecutor for
Minor Children and Families
State DIF of Baja California, Mexico
Sistema para el Desarrollo Integralde la Familia de Baja California (State DIF)
Background
State DIF Mission
State DIF Services
Organizational Chart
Duties under MOU with Imperial County
Background
DIF is a national Mexican public welfare institution founded in 1977 that focuses on developing the welfare of Mexican families
The institution was founded by ex- first lady Carmen Romano, wife of ex-President José López Portillo
Some of the general activities of the institution are to promote family planning, child care, assistance to the elderly, and the fight against drug abuse, among others
Each Mexican state (32 in all) has a State DIF agency which is represented by each state’s First Lady (usually the Governor’s wife) as well as its State Director
State DIF Mission
Provide social assistance and protection to the population, attending to their basic needs; processes of self- motivation to contribute to their quality of life and a healthy family environment
Provide humane and timely services within a framework of respect for universal rights
Provide services, assistance, and support to citizens that satisfy their expectations while evaluating current procedures and seeking improvements needed to overcome set goals
Guiding Concepts: family perspective, social responsibility, prevention, and comprehensiveness
Values: Service, honesty, respect, tolerance, justice, honor, and responsibility
State DIF Services
Through its Prosecutor Unit for the protection of minor children and the families, protect the physical and psychological integrity of each member of a household, especially children given their vulnerability
Provide legal assistance to child crime victims or those at risk that can be protected or placed in a temporary shelter, group home, or adoptive home alternatives
Provide legal, psychological, social, and physical protection for children and adolescents who are in a vulnerable state, guarding their integrity and best interests by allowing them to grow in healthy environments
Protect and promote the rights of minor children
Ensure full protection to people in vulnerable situations, as well as temporary economic support
DIF Organizational Chart
PRESIDENT
STATE DIRECTOR
ADMINISTRATION GENERAL OPERATIONS STATE PROSECUTOR
FAMILY SUPPORT SERVICES
ADULT PROTECTIVE
SERVICES
REHABILITATIVESERVICES
CHILD WELFARE
ADOPTIONSCHILD
SUPPORT PUBLIC
ASSISTANCE
Duties under MOU with Imperial County
Assist clients with the processing of child support applications
Identify opportunities for rendering comprehensive support to child support families and dependents requiring child support services
Establish, modify, and enforce child support obligations (including medical support), enforce spousal support orders established by a court of competent jurisdiction, and where permitted by law, determine paternity in the case of a child born out of wedlock
Provide training to Imperial County Child Support staff regarding administrative and/or court proceedings arising from child support services provided to families and dependents
Build collaborative networks to refer applicants requiring legal and social assistance to governmental and private entities competent in those areas
Guillermo Fernandez Villalobos,
Special Programs Coordinator
Imperial County Department of
Child Support Services
Processing of Child Support Applications between Imperial County and State of Baja California
POST- MOU
APPLICANTRequests the establishment and payment of a child support order.
LOCAL FIELD OFFICE OF “DIF” (STATE CENTRAL AUTHORITY IN BAJA CALIFORNIA)
1. Interview of applicant, review of UIFSA application and attachments
2. Transmittal of child support applications to ICDCSS. 3. Transmittal of child support application by ICDCSS to the
State Registry of the State.
STATE CENTRAL REGISTRY/ LCSA/ JUDICIAL AUTHORITY. 1. Registration of application by the State Central Registry. 2. Transmittal of the child support application back to the LCSA. 3. Filing of summons and complaint regarding parental obligations in
Superior Court.
YES NO
JUDICIAL AUTHORITY1. Establishes the child support order that
should be paid.---------------------------------------------------------- LOCAL CHILD SUPPORT AGENCY 1. Prepares an Income Withholding Order and is transmitted to obligor’s employer.
STATE DISBURSMENT UNIT/CONSULATE OF MEXICO IN CALEXICO1. SDU receives payment from employer and
transmitted to Consulate in Calexico. 2. Consulate office delivers child support
payment to applicant or DIF.
END OF PROCEDURE
* NOTE: Processing time 3 months
Differences between procedures
Speedier processing (State vs. Federal)
Direct communication between state agencies vs. going through third parties
Speedier distribution of child support payments
Facilitates coordination between state agencies in cases where CP’s physical presence might be required in Court
International Judicial Assistance
Definition of International Judicial Assistance
Definition of Letters Rogatory
US legal authorities for preparation and issuance of Letters Rogatory:
• Hague Convention of the Service Abroad of Judicial and Non-Judicial Documents in Civil and Commercial matters
• Inter-American Convention on Letters Rogatory
• United States Code, Title 28, sections 1781 (b)(2), 1782, 1783 and 1651
• Federal Rules of Civil Procedure, Rule 28 (b)
• Code of Federal Regulations, Title 22
• California Code of Civil Procedure, sections 413.10 (c) and 2027.010 (3) (e)
3 Types of Letters Rogatory:
Service of process of summons, citations and notices
Obtaining Evidence Abroad (Depositions, Discovery, etc.)
Registration and Enforcement of Judgments
No treaties betweenMexico and the US
Based on International Reciprocity
Evidence that can be obtained and verified through Letters Rogatory
Employment
Wages and Insurance Verification (WIVs)
Real property records
Personal property (bank accounts)
Gathering of Mexican judicial documents, child support judgments, information on Mexican laws, etc.
Note: Mexico links to obtain employment information Private sector: http://portal.infonavit.org.mx/wps/wcm/connect/infonavit/trabajadores/obten+tu+numero+de+seguridad+social+%28nss%2
9/obten+tu+numero+de+seguridad+social+%28nss%29 http://portal.infonavit.org.mx/wps/wcm/connect/infonavit/trabajadores/cuanto+ahorro+tengo/cuanto_ahorro_tengo Public sector: http://om.bajacalifornia.gob.mx/sasip/frmPublicacionesDeOficio.aspx?id=538
Preparation and processing of Letters Rogatory to obtain evidence in Mexico
STEP 1Verify NCP or CP
Employment information.
STEP 2Prepare Ex-Parte application for
Issuance of LR to obtain Evidence.
STEP 3Once issuance of LR is approved by
Court, proceed to prepare LRusing Hague Convention Model form
STEP 4 Translate LR to Spanish and proceed
To transmit LR to Mexican Court (by mail, file directly with Court, etc.)
STEP 5Once LR is received by Mexican Court, the Court will proceed to
obtain the information requested.
STEP 6Mexican Court will send information
to ICDCSS through Mexican Consulate.
Results of the Collaboration Derived from the MOUs
Provide better services to customers on both sides of the border in their cases
Understanding of child support and family laws of Baja California and California
Use of treaties on International Judicial Assistance to satisfy long arm jurisdiction
Formal creation of partnerships with Mexico’s state and federal agencies in order to provide solutions to common situations
More efficient processing of court cases when dealing with issues of:
Conflicts of Jurisdiction
Determination of a controlling child support order
Establishment of parentage and location of assets of NCP in Mexico
Child support obligations among border counties
Attachments Copy of ICDCSS and Consulate of Mexico MOU
Copy of ICDCSS and DIF MOU
Sample Ex-Parte Application for Issuance of Letters Rogatory for Service of Process, (includes preparation instructions and requirements)
Sample Letter Rogatory for service of process
Sample Ex-Parte Application for Issuance of Letters Rogatory for Obtaining Evidence Abroad
Sample Letter Rogatory for Obtaining Evidence Abroad
Copy of Mexico’s Declaration of International Reciprocity
Copy of Mexico’s SRE (Ministry of Foreign Affairs) URESA-RURESA Child Support Manual (translated to English)
Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) section 459A
OCSE TITLE IV Survivor Guide: “Working a case when a party is in Mexico”
Questions?
