1988/06/06 RESOLUTION APPROVING THE IMPLEMENTATION OF FEES TO BE CHARGED FOR HOME STUDIES IN PRIVATE CUSTODY ACTIONS(, -t. - 28
RESOLUTION APPROVING THE IMPLEMENTATION OF
FEES TO BE CHARGED FOR HOME
STUDIES IN PRIVATE CUSTODY ACTIONS
WHEREAS, the Department of Social Services is often called upon to do home
studies in private custody actions, or child support actions, or
other legal actions which do not directly involve the Department;
and
WHEREAS, no funds are appropriated by the State Legislature or the County
Board of Commissioners to cover the cost of home studies in
private custody actions; and
WHEREAS, the costs in private custody actions should be borne by the
parties and not the citizens and residents of Harnett County at
large; and
WHEREAS, there is no statutory or case law requiring the Department of
Social Services to do home studies in private custody actions or
to provide funds for the initiation and completion of home
studies in private custody actions; and
WHEREAS, pursuant to G. S. 108A -10, the Board of Social Services may
render services to a person or agency in exchange for a fee to
cover the cost of rendering such services which are voluntarily
rendered and voluntarily received; and
WHEREAS, a motion in a private custody action by a party or a Consent
Order in a private custody action approved by the Count is a
voluntary request; and
WHEREAS, the Director of Social Services has recommended a plan for the
charging to non - indigent parties of a fee for making said home
studies and issuing reports thereof; that the fee shall be the
sum of $250.00 per household (example: if in an action, both
parents request home studies, a fee of $250.00 shall be charged
for each household - i.e.: the study of the father's home shall
be $250.00 and the study of the mother's home shall be $250.00)
together with an understanding that should the Department's
social worker (employee) be required to serve as a witness in a
hearing or trial, the Court will be requested to set an expert
witness fee as a part of the Court Cost, which fee shall be
deposited to the account of the Department; and
WHEREAS, the Harnett County Board of Social Services has heretofore
approved said plan and fee amount:
NOW, BE IT THEREFORE RESOLVED by the Harnett County Board of
County Commissioners as follows:
1. That the recommended Plan for the implementation of the
charging of fees by the Board of Social Services for home
studies at the rate of $250.00 per household as above set
forth be and the same is hereby approved.
2. That the Board of Social Services should request the
District Court Judges to publicize this policy and advise
attorneys who request home studies that their non - indigent
clients in private custody actions will be required to pay
to the Harnett County Department of Social Services the
established fee of $250.00 in advance and that if the social
workers who make the home studies are required to testify,
the Court will be requested to tax an expert witness fee for
such service.
3. That the fees to be charged may be changed by action of the
Harnett County Board of Social Services. Notification
should be given to the Chief District Court Judge of any
changes.
BE IT FURTHER RESOLVED that all District Court Judges be
furnished a copy of this Resolution.
This the _� day of June, 1988.
ATTEST:
Vanessa W. Young, Cle
HARNETT COUNTY BOARD OF
'COUNTY COMMISSIONERS
By Z�A _
L oyd G. Stewart, Chairman
HOME STUDIES IN PRIVATE CUSTODY CASES
POLICY STATEMENT
Effective July 1, 1988, the Harnett County Department of Social
Services will begin charging a fee for conducting home studies in
custody disputes where there is no protective services activity. It
is recognized such a service should be available to our county's
children, yet there is no specific funding available for this service,
nor is it mandated by the State (NCGS 108A -14 and NCGS 108A -9)
Policy
1. The Harnett County Board of Social Services and the
Department of Social Services will accept and enter into a
contract for the voluntary rendering and voluntary receiving
of the service in which a home study is provided where all
parties consent to the entry of the Court order requiring a
Court ordered home study and the Court approves that order.
(NCGS 108A -10)
2. A flat rate is established (to be evaluated and adjusted
annually, if necessary) and shall be charged to each party.
That fee is $250 per household (example: if in an action,
both parents - parties - request home studies, a fee of
$250.00 shall be charged for each household - i.e.: the
study of the father's household will be $250.00, the study
of the mother's household will be $250.00; the study of the
paternal grandparent's household will be $250.00; etc.)
(NCGS 108A -10)
3. Before the home study is initiated, the fee(s) must be paid
in full to the Harnett County Department of Social Services.
Fees may be paid in installments, however, the study will
not begin until full payment is received.
4. If the said worker conducting the home study is required to
testify in a hearing or trial, the trial Judge will be
requested to order an expert witness fee to be set as an
item of Court cost; said fee shall be deposited to the
account of the Department of Social Services; all attorneys
are requested to cooperate with the Department personnel and
place workers on call for witness service to minimize the
actual time needed in Court.
5. The fees may be waived in cases of indigency. Indigency may
be determined by the presiding Judge; provided however, in
all cases where parties have retained private counsel, the
fee shall be charged.
HARNETT COUNTY
DEPARTMENT OF SOCIAL SERVICES
108 EAST FRONT STREET
BOARD MEMBERS. P. O. BOX 669 JACK D. BRYAN. DIR2CTOR
TERRY ABNEY. CNMN.. COi.T* PHONE, 662.2161
ERNESTINE SUITT. VICE CNMN.. RT. 2. L.1"INOTON LILLINOTON. N. C. 27846
FOOD STAMP OFFICE
DAYTON SMITH. KIFLINO PIIONSI 662.8106
EDITH ANN CAVINE6S. LILLINOTON
JESSE C. ALPHIN, BR.. DUNN IN REPLY. RE/ER TO,
Date
Dear
Our agency has received a court order directing us
to conduct an investigation of your home situation and
complete a report for the court's use in a custody
matter. Our Social Services Board has established a
fee of $250 per household. This fee must be paid in
advance. Until full payment is received, we will be
unable to begin the investigation. It is important
that persons involved be willing to cooperate. In
addition, if the social worker should be expected to
testify in court, the court will be requested to allow
an expert witness fee.
Please contact this agency to let us know if you
are in agreement with these conditions and are
interested in proceeding with the investigation. If we
do not hear from you with (2) weeks of the date of this
letter, we will assume you are not interested and so
inform the court.
Sincerely,
Social worker
Social Work Supervisor
cc: Attorney for client
file