Parenting Court

Introduction

Child support enforcement presents unique challenges for the Court. Barriers such as a lack of education, training, access to resources, substance abuse, and a lack of a support system thwart individuals’ attempts to maintain employment. Those barriers can prevent individuals from becoming productive members of society, may hinder parents from providing support to their children who need it, and those circumstances may ultimately heavily factor into separating children from their parents. Traditionally, following a plea of guilty to a charge of criminal nonsupport or an acknowledgement of civil contempt for failure to consistently pay support, non-custodial parents are placed on a term of probation or an Order of Work Release with payment of their support as a condition. They have monthly court dates, and if they fail to pay, may face incarceration for up to four years. This format is not designed to, and in most cases, is incapable of, addressing many of the barriers non-custodial parents face every day. Helping non-custodial parents break down the barriers that stand in their way requires a different approach by the Court. The Parenting Court Program in Clay County is designed with that approach in mind.

I believe diversion programs like Parenting Court will be the future of child support enforcement; having the opportunity to provide resources and support to our participants has transformed the way we approach child support enforcement in Clay County.

-The Honorable Sherrill Roberts, Family Court Commissioner and presiding judicial officer over the Parenting Court Program.

About Us

Clay County Parenting Court occurs exclusively in Division 8 of the Family Court, at the Clay County Courthouse. It is presided over by the Family Court Commissioner, Sherrill Roberts.

I am very proud of our overall approach, as well the work we have done to develop and grow the Parenting Court program in Clay County. I am especially pleased that we have been able to increase the amount of child support we collect through our unique enforcement efforts at no additional cost to the taxpayers of Clay County.

-The Honorable Sherrill Roberts, Family Court Commissioner and presiding judicial officer over the Parenting Court Program.

For Comparison Purposes

For Fiscal Year 2018

- Statewide average collection/case/month:

- Parenting Court average collection/case/month:

$193

$306

Before vs. During - Parenting Court Graduates

- Payments* made in the year prior to entering Parenting Court:

- Payments* made while in the Parenting Court Program:

- Increase:

* May include credits/involuntary captures, etc.

$28,954.85

$71.673.84

⇡ $42,718.99

.

Before vs. During

- In the year prior to entering Parenting Court, eventual Parenting Court graduates as a class, were paying, on average, 51% of current support owed.

- In the year during Parenting Court, eventual Parenting Court graduates as a class, paid ⇡ 112% of current support owed.

Our Goal

The goal of Parenting Court is to increase the consistency of child support payments non-custodial parents make on their support cases by helping qualifying non-custodial parents overcome the challenges preventing them from becoming successful members of the community, showing them a path toward long-term gainful employment, and encouraging them to engage more fully in their children’s lives.

How It Works

The Clay County Parenting Court Program is completely voluntary, and applies to cases in the following circumstances:

Criminal Nonsupport:
On criminal nonsupport matters, qualifying Defendants must agree for the case to be transferred to Division 8, Family Court. They must provide all of the necessary paperwork to the Court, and enter a guilty plea to the charge of criminal nonsupport. After the plea, the Defendant will be given another court date the following month. The first date following plea will be on a Parenting Court docket date, to formally admit and welcome the Defendant into Parenting Court.

Civil Contempt:
On civil contempt matters, qualifying Non-custodial parents must complete all of the necessary paperwork, provide it to the Court, and acknowledge contempt. After the acknowledgement of contempt, the Non-custodial parent will be given another court date the following month. This first date following the acknowledgement of contempt will be on a Parenting Court docket date, to formally admit and welcome the Non-custodial Parent into Parenting Court.

Entering Parenting Court:
Parenting Court dockets take place the first available Monday every month in Division 8 at 9:00am. Participants in the Parenting Court Program commit to the program for 12 months, and upon successful completion of the program will have one of two outcomes available. If the participant was charged with criminal nonsupport, he/she will be able to withdraw his/her prior plea of guilty, and the State will dismiss the criminal charge. If the participant acknowledged civil contempt for failure to pay support, the State will request leave to file a motion to have the Judgment of Contempt set aside.

Requirements during the 12 month term of Parenting Court:
(The following is a sample-requirements vary on a case by case basis.)
🔹 Monthly court appearances before the Family Court Commissioner.
🔹 Compliance with monthly direction and requirements from the Court.
🔹 Regular monthly contact with the Parenting Court Case Manager, as directed.
🔹 Regular monthly child support payments.

Resources:
🔹 Workforce readiness training; job placement and retention assistance; life coaching; mentoring; referrals to other support services; responsible parenting and healthy relationship training
🔹 Information regarding modifications of child support obligations
🔹 Access to classes whose instructors use the 24/7 Dads® fathering curriculum which includes topics such as: self-awareness, fathering skills, parenting skills and relationship skills
🔹 Connections to Success, a program which provides a comprehensive network of services and support to help people living in poverty become economically self-sufficient
🔹 Referrals to substance abuse and/or mental health treatment as needed
🔹 Tools of Choice, a program in which participants learn to enhance their relationships and improve the behaviors of adults they support and the children in their care
🔹 Preparation of a payment plan that include both the current support obligation and accrued arrears
🔹 Mediation regarding child support and parenting issues

The Clay County Parenting Court Program is completely voluntary, and applies to cases in the following circumstances:

- Criminal Nonsupport
- Civil Contempt for Non-Payment of Child Support

Testimonials from Successful Graduates of Parenting Court

Do you feel that you are now in a place where you can be successful in making your child support payments in the future?

Jacob: Yes. I was able to settle my arrearage and now have become the primary care taker of my son.

Has completing Parenting Court changed your view of the Clay County Court System?

Jacob: Yes. I feel the program, although difficult at times, was very positive influence in making parenting a priority in my life.

Do you feel that you are now in a place where you can be successful in making your child support payments in the future?

Dennis: Yes. By learning to live as a better person, and make correct choices.

What resources were the most helpful for you while you were in Parenting Court, and how did they help?

Jose: I think that the most helpful part of the program is getting to understand how I can be an asset to the community to better myself and my family.

Do you feel like Parenting Court has provided you with resources that have helped you be successful in making your child support payments? How?

Kevin: You showed me direction, and purpose. I never knew what I was supposed to do.

Do you feel like this class (required for completion of the program) was helpful? Why?

Chris: It gave me understanding of emotional response, how to still be a dad in difficult situations, how to set goals and prioritize my life, better decision making skills, never give up hope.

Has completing Parenting Court changed your view of the Clay County Court System?

Chris: Yes. There are people that care. Took me 19 years and a felony conviction to find those people...

Frequently Asked Questions

1. What cases are eligible for Parenting Court?

Criminal Nonsupport cases, both Felony and Misdemeanor, as well as Civil Contempt cases filed by the Clay County Prosecuting Attorney for failure to pay child support are eligible for review for Parenting Court.

2. What are the qualifications for a Defendant/Non-custodial Parent?

a. Before a Defendant (criminal) or Non-custodial Parent (civil) qualify for Parenting Court, the Prosecuting Attorney conducts a criminal background investigation. Defendants or Non-custodial Parents will be eliminated for prior criminal convictions of the following types:

i. Any criminal conviction for a violent crime.
ii. Any criminal conviction for a sex crime.
iii. Prior nonsupport convictions/civil contempt for failure to pay support.
iv. Failure on prior probation.

b. Defendants/Non-custodial Parents will also be eliminated if they do not live in the Kansas City Area, as many of the resources/requirements are exclusive to this area.

3. I am currently facing charges for Criminal Nonsupport or Civil Contempt for Failure to Pay Child Support in Clay County, who do I talk to about Parenting Court?

If you believe your case is eligible for Parenting Court, please discuss Parenting Court with your attorney. He or she can speak to the Parenting Court Prosecutor to discuss any Parenting Court options available.

4. Does it have to be a new case or can existing Clay County qualify for Parenting Court?

Parenting Court is designed for new cases. Individuals already on probation for criminal nonsupport or a work release following a finding of contempt for failure to pay support are not eligible for entry into the Parenting Court Program.

5. Are the resources in Parenting Court just for Parenting Court?

Many of the resources that Parenting Court utilizes are NOT exclusively for Parenting Court. If you have a question about resources and their availability, please feel free to contact the Parenting Court Case Manager at the Clay County Prosecuting Attorney’s Office to learn more about resources and their availability.

Helpful Links

Links to Resources:
https://connectionstosuccess.org
https://www.marchmediation.org

Additional Information:
https://www.fatherhood.org/fatherhood-data-statistics