In addition to state administrative enforcement remedies, the department shall utilize available federal enforcement remedies to enforce child support obligations and collect accumulated support arrearages. Use of state and federal enforcement remedies shall continue until the noncustodial parent is compliant with the support order.

The Division of Child Support Enforcement is authorized to establish programs to provide Family Engagement Services to persons following an administrative or judicial determination that such services may assist the person to pay support owed. Such programs shall provide referrals to (i) employment services, to include employment assessment, employment search, and employment training; (ii) family services, including parenting skills, co-parenting skills, and relationship-building activities for parents and children; (iii) educational services, including GED preparation and GED testing; (iv) housing services, including referrals to organizations that operate shelters and provide subsidies; (v) document assistance, including referrals to organizations and assistance in securing vital records, driver's licenses, commercial driver's licenses, or other documents; (vi) social services, health and mental health services, and substance abuse services; and (vii) any other services that would assist the person to pay support owed. These services may be offered in conjunction with, but not as a substitute for, state and federal enforcement remedies.

Programs authorized pursuant to 22VAC40-880-800 shall include case management services. The case manager shall conduct an orientation session with a new participant and create a services plan within 30 days of referral to the program. The services plan shall identify services, programs, and requirements necessary to comply with the administrative or court referral to the program. The services plan shall also provide that the non-participating party be given monthly status updates regarding compliance with and status of the services plan. The case manager shall (a) assist the participant to contact and make appointments with organizations offering the required services and programs, (b) provide the participant with appointment reminders and follow-up with the participant and service providers to determine any next steps that may be required, (c) track the participant’s compliance with the services plan, the support order, and the terms of the administrative or court referral to the program, and (d) in cases involving court referrals to the program, provide to the court timely and regular reports regarding the participant’s compliance with the services plan and with the court’s order(s).

During the first 90 days after an administrative referral to the program, participants shall not be referred for civil contempt if they are substantially compliant with the services plan. Upon conclusion of this 90-day period, participants who are substantially compliant with the services plan and not paying support as ordered may remain in the program but shall be referred for civil contempt. Participants who are, at any time, not substantially compliant with the services plan shall be referred for civil contempt. If, after referral for civil contempt, a court orders the parent to continue participating in Family Engagement Services, the participant must comply with any additional terms of the court referral.