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HomeMy WebLinkAbout1988/06/06 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