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1998 SESSION
986012813Be 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
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 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 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.