View Single Post
  #3  
Old February 16th 06, 02:38 PM posted to alt.child-support
external usenet poster
 
Posts: n/a
Default VIRGINIA: Virginia State Bar DISMISSES Complaint Against Virginia's DCSE

I should re-state this, DB. The AG's Opinion states that DCSE may sign
any type of a pleading which does NOT present a legal conclusion.
Clearly a Motion for Rule to Show Cause presents a legal conclusion.
The AG's Opinion in every state, has the force of law until challenged
in court.

I don't happen to believe DCSE non-attorney employees have the ability
to sign any pleading -- and such signatures do, in fact, violate the
Rules of the Supreme Court of Virginia.

Obviously, DCSE and Social Services have staff attorneys...the AG's
argument here is that because it says "the Department of Social
Services may file support petitions on its own motion with the clerk,"
and two other subsections state the word "ATTORNEY" specifically, the
implication is that anyone who works for Social Services can sign their
own petitions.


Here's the statute the Attorney General's Office and the Virginia State
Bar are relying upon:

§ 16.1-260. Intake; petition; investigation.

A. All matters alleged to be within the jurisdiction of the court shall
be commenced by the filing of a petition, except as provided in
subsection H of this section and in § 16.1-259. The form and content
of the petition shall be as provided in § 16.1-262. No individual
shall be required to obtain support services from the Department of
Social Services prior to filing a petition seeking support for a child.
Complaints, requests and the processing of petitions to initiate a case
shall be the responsibility of the intake officer. However, (i) the
attorney for the Commonwealth of the city or county may file a petition
on his own motion with the clerk, (ii) the Department of Social
Services may file support petitions on its own motion with the clerk,
and (iii) any attorney may file petitions on behalf of his client with
the clerk except petitions alleging that the subject of the petition is
a child alleged to be in need of services, in need of supervision or
delinquent. Complaints alleging abuse or neglect of a child shall be
referred initially to the local department of social services in
accordance with the provisions of Chapter 15 (§ 63.2-1500 et seq.) of
Title 63.2. Motions and other subsequent pleadings in a case shall be
filed directly with the clerk. The intake officer or clerk with whom
the petition or motion is filed shall inquire whether the petitioner is
receiving child support services or public assistance. No individual
who is receiving support services or public assistance shall be denied
the right to file a petition or motion to establish, modify or enforce
an order for support of a child. If the petitioner is seeking or
receiving child support services or public assistance, the clerk, upon
issuance of process, shall forward a copy of the petition or motion,
together with notice of the court date, to the Division of Child
Support Enforcement.