DCF tells Judiciary panel it will remove child‑support offset from TPR considerations

Heather McClain, revenue enhancement director for the Department for Children and Families Family Services division, told the Vermont House Judiciary Committee on May 9 that the department no longer pursues child support to offset foster‑care costs and wants the termination‑of‑parental‑rights (TPR) statute revised to match that practice.

“We don’t do that practice anymore. We believe it’s not in the best interest of children and families to pursue child support in those situations,” McClain said, adding that DCF is asking the statute to be “completely divorced from the TPR matter at hand.”

The clarification follows committee members’ questions about earlier amendment language to H109 that mentioned “failure to pay child support.” McClain and other committee members said they want language that makes clear the department will not bring payment or nonpayment of child support to bear in TPR filings when the payments are those remitted to DCF to offset foster‑care costs.

A committee member asked why the statute could not simply read, “the court shall not consider whether the parent made payments to the Department of Children and Families.” McClain said the department will provide proposed language similar to that formulation and emphasized the change is intended to apply to the Family Services division, not to the Office of Child Support within DCF.

Committee members debated whether the amendment should bar courts from considering evidence of payments introduced by any party or only prevent DCF from presenting payments as a basis for TPR. One committee member asked whether the new draft should remove reference to the court so that any party‑offered evidence of child‑support payments could still be considered by the court; McClain said DCF’s position is that the department will not include such payments in its documentation supporting a TPR petition.

The committee did not take a final vote on the amendment. The group directed DCF to circulate proposed replacement language to committee staff. Eric Fitzpatrick of the Office of Legislative Council said he would receive the proposed language for distribution and that the committee will take up the item again when that text is available.

The exchange made two narrow but important points: DCF stated a policy change in practice (no longer pursuing child support to offset foster‑care costs) and is seeking statutory alignment for TPR and adoption proceedings; and the committee is weighing whether statutory text should limit only department filings or also restrain courts’ consideration of any such evidence.

Committee members said they expect revised language from DCF for review before the bill moves to the floor.