Virginia DSS Youth Pay to Stay Policy

Tom Nash filed this request on behalf of Wayne Byun with the Virginia Department of Social Services of Virginia.
Status
Completed

Communications

From: Wayne Byun

To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:

The following materials regarding the imposition, assessment, collection and balances of fees and debt for incarcerated youth (i.e., juvenile):

a) All current policies and procedures regarding medical and room & board costs or fees for which incarcerated youth (i.e. juvenile) and/or their parents or legal guardians are or may become liable. Please include all policies and procedures related to how fees are set, accrued, imposed, collected, and enforced (such as those related to per diem fees, ability to pay determinations, penalties for late or non-payment, authorization for civil or criminal action for payment enforcement, etc).

b) All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Tom Nash, a citizen of Virginia, in coordination with Wayne Byun.

From: Virginia Department of Social Services

Dear Tom Nash:

The Virginia Department of Social Services (VDSS), Division of Child Support Enforcement (DCSE) is responding to your request received on January 19, 2023, made in accordance with the Freedom of Information Act (FOIA) requesting the following information.

1. Does DCSE collect any fees related to servicing the incarcerated youth?

DCSE is responsible for establishing paternity as well as establishing, modifying, enforcing, and collecting child support obligations. See Va. Code § 63.2-100 (defining child support services). Prior to July 1, 2021, the Department of Juvenile Justice (DJJ) would apply for child support services when a child was placed in custody. DJJ no longer applies for services on new placements, but DCSE continues to collect arrearages due prior to July 1, 2021. Pursuant to Va. Code § 63.2-1904, DCSE charges a $35 annual fee on DJJ cases. DCSE deducts that fee from additional child support collections after having first collected and disbursed at least $550 during the federal fiscal year. Fees that we may collect directly from a parent, such as the cost of genetic testing, are the result of our mission as the child support agency and are not related to the services being provided to the justice-involved youth. For a full discussion of child support fees, see Chapter 11, Section 10 of our Program Manual, available to the public at https://www.dss.virginia.gov/files/division/dcse/program_manual/Program_Manual.pdf.

1. All reports, databases, spreadsheets, or equivalent materials regarding debts/restitution paid to or owed to this department or any facility/agency under its jurisdiction in FY2021. Please include all relevant data regarding medical and room & board costs, including the number of youths (i.e., juveniles) charged for medical and room & board costs or fees and the total amount of medical and room & board fees imposed in FY2021.

DCSE is responsible for the establishment and collection of child support obligations, some of which are payable to DJJ. Those obligations are set according to the child support guidelines and are unrelated to the costs assessed for care. DCSE does not track medical or room and board costs for justice-involved youth.

Thank you,

S. Taylor
Program Coordinator Senior
VDSS/DCSE

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