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Developed and maintained by the Division of Legislative Automated Systems.
1998 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 63.1-249.1 of the Code of Virginia is amended and reenacted as follows:
§ 63.1-249.1. Child support enforcement; private contracts.
A. Pursuant to the authority granted in § 63.1-249, child support
enforcement fieldwork field work administrative functions
and central office payment processing functions in the Commonwealth
may be performed by private entities on a pilot basis. The
Department shall supervise the administration of the child support enforcement
program, let and monitor all contracts with private entities and ensure
compliance with applicable state and federal laws and regulations. The
Department may also enter into contracts with private collection agencies and
other entities to effect the collection of child support arrearages. Contracts
entered into pursuant to this section shall be in accordance with the
applicable laws and regulations governing public entities pursuant to the
Public Procurement Act (§ 11-35 et seq.). Any contract to perform child
support enforcement field work administrative functions and central office
payment processing functions entered into by the Department shall contain
a provision that the entity to whom the contract is awarded shall give
employment preference to qualified persons whose employment with the Division
of Child Support Enforcement is terminated as a result of the privatization of
child support enforcement functions. Notwithstanding any other provision of
law, when hiring to fill vacant positions within the Department, preference
shall be given to qualified persons who are unable to obtain employment with an
entity who is awarded a contract to perform child support enforcement field
work administrative functions and central office payment processing
functions pursuant to this section and whose employment with the Division
of Child Support Enforcement is terminated as a result of the privatization of
child support enforcement functions.
B. The State Board shall establish guidelines to implement the Department's responsibilities under this section. Such guidelines shall specify procedures by which child support enforcement funding mechanisms authorized by state and federal law are allocated to fund central office and privatized child support enforcement functions.
C. The Attorney General shall provide and supervise legal services to the
Division of Child Support Enforcement in child support enforcement cases to
establish, obligate, enforce and collect child support. In addition to other
methods of providing legal services as may be authorized by law, the Attorney
General may contract on a pilot basis with private attorneys to
provide such services as special counsel pursuant to § 2.1-122 or to
conduct pilot programs to evaluate the costs and benefits of the
privatization of such legal services. The compensation for such special and
private counsel shall be paid out of funds received by the Division of Child
Support Enforcement as provided by state and federal law and such reasonable
attorney's fees as may be recovered. The Attorney General may also use
collection agencies as may be necessary and cost-effective to pursue fully the
recovery of all costs and fees authorized by § 63.1-274.10 in proceedings
to enforce child support obligations.
D. By July 1, 1997, and annually thereafter, the Department and the Office of
the Attorney General shall each submit a written report to the Governor and
General Assembly with a detailed summary and evaluation of pilot
the privatization of child support enforcement programs.