POLICY

Completing the Annual Child Support Redetermination

DI Responsibilities

Submitting CW 51 Due to a Change in a Child’s Status

Submitting CW 51 for an Initial Kin-GAP Referral or Reassessment

Notifying a Parent of Grievance Procedures

Regional Administrator (RA) or Designee Responsibilities

Review Agent Responsibilities

Responding to a Parent’s Potential Noncooperation with CSSD Due to Domestic Violence

CSW Responsibilities

Responding to a Compromise Form from CSSD

Regional Staff Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 07/08/13 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. This policy guide incorporates content from Procedural Guide 1200-500.60, Compromise of Child Support, thereby cancelling that policy guide. The title of this policy guide has been changed to Contacts with the Child Support Services Department (CSSD) to reflect the merge of these two policy guides.

POLICY

Child Support Determinations

Child support must not be sought if the safety and well-being of the child and/or the custodial parent would be endangered by the perpetrator/noncustodial parent.

A child support determination will be made for all new and existing cases where a child resides with a legal guardian and where the court has maintained jurisdiction and for Kin-GAP cases. A thorough assessment must be conducted to determine if the payment of support to the Child Support Services Department (CSSD) by the parent will pose a barrier to reunification. The assessment will specifically determine the following:

Whether the payment of support will compromise the parent’s ability to meet any of the following:

The requirements of the reunification plan

The current or future financial needs of his/her child

The needs of other children in the household who may be at risk of removal

Whether the payment of child support by the parent may impact the stability of the current placement with the related guardian.

When a determination has been made that it is not contrary to the best interest of the child, a DCFS 5125, Notice of Action Letter – Notice of Referral to the Los Angeles County Child Support Services Department, will be generated by Revenue Enhancement staff.

The DCFS 5125 will be mailed to the parent(s), and a copy sent to the RA.

The DCFS 5125 will inform the parent(s) of the decision to refer him/her to the CSSD and his/her right to appeal that determination.

A parent must submit a written request to appeal the decision within 5 business days of his/her receipt of the notice.

If reunification services are not offered or are terminated by the court, the social worker may request that the appropriate county eligibility worker (EW) refer the child’s case to the local child support agency, except in cases when both the permanent plan is legal guardianship with a relative who is receiving Kin-GAP, and the payment of support by the parent may impact the stability of the current placement with the related guardian. In that situation, the responsible agency must:

Make a determination on whether it is in the child’s best interests to have the case referred to the local child support agency for child support services.

Have the CSW complete the CW 51.

A compromise of assigned child support arrears must be considered for the following types of cases:

Any case in which both the parent has had child support debt accrued while his/her child was receiving out-of-home care services, and the parent and child have reunified.

Any cases in which seeking child support from the perpetrator endangers the safety and well-being of the child and/or custodial parent.

Nonminor Dependents

A nonminor dependent is not a child for purposes of referral to the local child support agency.

A minor or a NMD who has a child placed in the same licensed or approved facility is not a parent for the purposes of a referral to the local child support agency for collection or enforcement of child support.

This includes voluntary placements and minor children placed with a minor or NMD parent.

A NMD who is a custodial or non-custodial parent of a child in a foster care placement, including voluntary foster care placement, is not financially liable for the cost of the care, support, and maintenance of the child.

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Child Support Redeterminations

CSWs are required to complete a child support redetermination annually to coincide with the redetermination of AFDC-FC eligibility.

The following changes in a child’s case status require that the annual redetermination and the submission of the CW 51 take place prior to the annual redetermination:

The termination of parental rights of a parent who was previously referred to CSSD

The return of the child to the home of a parent who was previously referred to CSSD

A child’s death

A youth transitions out of foster care or a youth turns 19 years old or older

The case is entering the Kin-GAP program

A determination is made at a grievance review hearing that a referral to CSSD is not appropriate

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Compromise of Child Support

The Compromise of Assigned Arrears - Family Reunification Program (COA-FR) allows a parent who owes child support to the government to compromise the debt, if the child is reunified with the parent and certain requirements are met.

CSSD and DCFS must work together to determine when a parent meets the requirements for a compromise of his/her child support payments.

CSSD must contact DCFS Revenue Enhancement to verify the child's placement and dates the child was in out-of-home care.

CSSD must verify that the parent is eligible for the compromise.

The CSW is only to verify whether the compromise would be in the child's best interest.

All compromise forms will be faxed from CSSD to the regional office that provided service to the child and family. The completed and signed form(s) must be faxed to CSSD within 10 business days from the date received by DCFS.

In the event that CSSD does not receive a response from DCFS within 20 days, from the date the Child Support Services Department's Compromise Form was received, CSSD will contact the regional office to request prompt action on the matter.

In the event that the regional office does not respond to this request, CSSD will go forward with the compromise 30 days from the date the Child Support Services Department's Compromise Form was received.

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PROCEDURE

Completing the Initial Child Support Determination

Case-Carrying CSW Responsibilities

To determine whether it is in the child’s best interest to make a referral to the local child support agency, evaluate each case on an individual basis.

Consider the best interests of the child as well as the circumstances of the family, which may include but are not limited to the following:

The parent(s)’ employment status

Housing status

The impact on other children who may be at risk of removal

Availability of community-based services

Efforts to reunify

Whether parental rights have been terminated

Connection with CalWORKs or other public assistance programs

Regardless of whether the child’s case plan goal is family reunification or permanency planning, consider whether the payment of support to CSSD by the parent will pose a barrier to the proposed reunification or outcome of the case plan.

Consider whether the payment of support will compromise the parent’s ability to meet one or more of the following:

The requirements of the reunification and case plan or the current or future financial needs of the child, if either of the following apply:

The parent is required to continue paying.

The child’s case is referred to the local child support agency.

The needs of other children in the household who may be at risk of removal.

Additionally consider the following factors when making the determination:

The family’s participation in CalWORKs, Food Stamps, General Relief, and/or Medi-Cal

The size of the family

The family’s resources/property (This includes, but not limited to, home ownership, employment, bank accounts, cash on hand, savings bonds, or other property).

The parent’s residence in Section 8 housing, if applicable

For a Kin-GAP case, consider whether the payment of support by the parent impacts the stability of the current placement with the related guardian.

The CSW must review this determination following each court hearing regarding either family reunification or non-reunification.

If reunification services are terminated by the court, and the CSW determines that it is no longer contrary to the child’s best interest:

The child’s case may be referred to the local child support agency.

Inform the appropriate county eligibility worker (EW) to refer the child’s case to the local child support agency.

In cases when both the permanent plan is legal guardianship with a relative who is receiving Kin-GAP, and the payment of support by the parent may impact the stability of the current placement with the related guardian, the responsible agency will make a determination whether it is in the best interests of the child to have the case referred to the local child support agency for child support services.

Within 30 calendar days of the child’s removal from the home, the CSW must create the CW 51, Child Support – Good Cause Claim for Non-cooperation, in CWS/CMS as follows:

Prior to creating the CW 51:

Review the on-line case record to ensure that all identifying information (i.e., names, addresses, etc.) is recorded and current.

If necessary, update the case record.

Enter the date of the determination for each parent in the CW 51 Grid on the AFDC-FC page of the Client Notebook.

Select the siblings that share the same parent.

Enter whether or not a referral will or will not be made to CSSD.

Generate a CW 51 for each parent of the child

Choose “CW51 Non – Referral for Child Support” in Client Reports under Print Report. CWS/CMS will generate a CW 51 for each child of that parent.

If you are choosing not to refer the parent to child support, choose one of the reasons in the "Claim Determination – County Use Only" box.

Print the document.

Complete for each child's form

Sign the CW 51. Enter your telephone number on the designated line in the "Claim Determination – County Use Only" box.

Provide a brief explanation of the basis for the determination in the Case Notes of each child’s case.

Forward to the SCSW for review.

File a copy of the CW 51 in the Additional Services Documentation folder.

SCSW Responsibilities

Review the CW 51.

If not approved, return to CSW for corrective action.

If approved, forward the CW 51 to the designated eligibility worker (EW).

DI Responsibilities

Notify the court as to whether or not the family was referred to CSSD.

Discuss the determination with the court. Determine with the court whether or not it is in the child’s best interest to make a referral to the local child support agency.

Included the following statement in the report:

“A determination has been made, pursuant to Family Code Section 17552, that it is/is not in the best interest of the child(ren) to have the case referred to the local child support agency for child support services. The case has/ has not been referred to the Child Support Services Department (CSSD)."

Include the reasons behind this determination in the report and the circumstances of the family.

Completing the Annual Child Support Redetermination

Case-Carrying CSW Responsibilities

If an initial determination was not made for an existing case, complete the CW 51, Child Support – Good Cause Claim for Non-cooperation.

If the child’s case situation changes before the required annual redetermination, complete the CW 51 when either:

It is appropriate to request that a previous referral to CSSD be discontinued.

It is now appropriate to initiate a referral to CSSD.

Within 5 business days of receipt of the FC2, Statement of Facts Supporting Eligibility for AFDC Foster Care (FC):

Assess the current family situation based on the criteria for Completing the Initial Child Support Determination.

Complete a new CW 51.

Forward the CW 51 to the SCSW for review.

File a copy of the CW 51 in the Additional Services Documentation folder.

When preparing the WIC 366.21 (e) Status Review Report, document the following:

If not previously reported at the jurisdictional/disposition hearing, notify the court as to whether or not the family was referred to CSSD.

Discuss the determination with the court. Determine with the court whether or not it is in the child’s best interest to make a referral to the local child support agency.

Included the following statement in the report:

"A determination has been made, pursuant to Family Code Section 17552, that it is/is not in the best interest of the child(ren) to have the case referred to the local child support agency for child support services. The case has/ has not been referred to the Child Support Services Department (CSSD)."

Include the following in the report:

The reasons behind this determination

The circumstances of the family

All relevant social, cultural, physical, and environmental factors

SCSW Responsibilities

Review the CW 51.

If not approved, return to CSW for corrective action.

If approved, forward the CW 51 to the designated eligibility worker (EW).

Submitting CW 51 Due to a Change in a Child’s Status

Case-Carrying CSW Responsibilities

Adhere to the following procedure when a parent has been previously referred to CSSD.

Within 5 business days of becoming aware of a change in the child’s case status, create a new CW 51.

Complete a CW 51 by referring to Completing the Initial Child Support Determination, except when the following should be reported:

Use the date of the occurrence (e.g., the date the court ordered the termination of parental right) as the “Date of Determination.”

Select “Reunification/case plan requirements” in the “Claim Determination – County Use Only” box, for all situations where there is a change in the child’s case status.

Forward to the SCSW for review.

File a copy of the CW 51 in the Additional Services Documentation folder.

SCSW Responsibilities

Review the CW 51.

If not approved, return to CSW for corrective action.

If approved, forward the CW 51 to the designated eligibility worker (EW).

Submitting CW 51 for an Initial Kin-GAP Referral or Reassessment

Case-Carrying CSW Responsibilities

The following procedures also apply to the conversion of the previously state funded Kin-GAP cases to the new state or federal Kin-GAP cases.

For the Kin-GAP conversion and re-assessment, Kinship CSWs must complete the CW 51.

For a new Kin-GAP referral, the case-carrying CSW must complete the CW 51.

Complete a new CW 51 by referring to Completing the Initial Child Support Determination, except when the following should be reported instead:

Enter the date of the determination and whether or not a referral will be made to CSSD.

If you are choosing not to refer the parent for child support, check “Permanency Plan with related legal guardianship under the Kin-GAP program” in the "Claim Determination – County Use Only" box.

Submit the new CW 51 to the Kin-GAP Unit as part of the Kin-GAP referral/re-assessment packet.

Obtain the SCSW’s approval and signature.

File a copy of the CW 51 in the Additional Services Documentation folder.

SCSW Responsibilities

Review the CW 51.

If not approved, return to CSW for corrective action.

If approved, forward the CW 51 to the designated eligibility worker (EW).

Notifying a Parent of Grievance Procedures

Regional Administrator (RA) or Designee Responsibilities

Upon receipt of the DCFS 5125, Notice of Action Letter – Notice of Referral to the Los Angeles County Child Support Services Department, stating that a parent has been referred to CSSD, maintain an office control log with the following information:

Parent’s name

Date the notice was mailed to the parent

“Yes” or “no” field indicators for parent’s written response

Date of parent’s written response, if applicable

When a parent responds, determine if the request for a hearing was submitted within 5 business days of receipt of the notice.

Allow 2 additional days from the date the notice was mailed to the parent and 2 days from the date the parent signed the request for a Grievance Review.

If the request for a grievance review hearing was submitted within the mandated timeframe, locate a Review Agent within 2 business days to hear the grievance.

Schedule the grievance review hearing to take place no later than 10 business days after DCFS’ receipt of the request.

The hearing must be within the parent’s community and may be held in a DCFS office.

Attend or appoint a designee (ARA/CSA level) to attend the grievance review hearing.

Forward the DCFS 4161-N, Grievance Review: Notice of Hearing, and DCFS 4161-I, CDSS Regulations, via certified mail with return receipt requested to the parent.

Fax the DCFS 4161-N to the Review Agent.

Allow enough time for all parties to receive the Notice no less than 5 business days prior to the grievance review hearing.

Within 2 business days of receipt of the request for a Grievance Review Hearing from the parent, complete a written summary of the facts that lead to the determination to refer the parent to CSSD.

Include the following in the summary:

Name of the child

All information regarding the basis of the grievance

All information necessary to present the area office’s recommendation(s)

Fax the summary to the selected Review Agent.

Do not take the case file to the grievance review hearing.

If the request to appeal was not submitted within the mandatory timeframe of 5 business days, notify the parent by letter that the appeal cannot be heard.

File all documentation in a central file.

Retain this record for at least 1 year from the date of notifying the parent of the decision.

Review Agent Responsibilities

Within 2 business days of receiving of a request for a grievance review hearing, review the request and the written summary submitted by the RA/designee.

Conduct the grievance review hearing by reviewing and hearing all evidence introduced by the parties to the hearing.

Forward a written decision to the Director or his/her designee. He/she will issue a final decision within 2 calendar days after receiving the Review Agent’s decision.

Send a copy of the Director’s final decision (DCFS 5124, Response Letter to Grievance Review Regarding Referral to the Los Angeles County Child Support Services Department) to each party of the review, including:

The CSW

The parent

Any representative designated by the parent

The California Department of Social Services (CDSS), Operations Bureau, 744 P Street, Sacramento, CA 95814

If the decision made during the grievance review hearing is to stop the CSSD case proceedings, inform the CSW and the SCSW of the following:

The outcome of the hearing

The need to immediately submit a new CW 51, indicating the determination that the parent should not be referred to CSSD

Forward all grievance review hearing records, including the request, the RA’s written summary, all documents and physical evidence submitted at the hearing, and the Director’s final decision to the Director’s Service Bureau for central filing.

Retain this record for at least one year from the date of the Director’s final decision.

Case-Carrying CSW Responsibilities

Upon both the receipt of the copy of the Director’s final decision (DCFS 5124) and the decision to stop the CSSD case proceedings, complete a new CW 51.

Refer to Completing the Initial Child Support Determination, except in the comments section of the CW 51, indicate, if applicable:

The effective date of this change of determination per the Director’s final decision.

The reason that the change in determination was a result of a grievance review hearing decision.

Responding to a Parent’s Potential Noncooperation with CSSD Due to Domestic Violence

CSW Responsibilities

If the CSW is aware of a domestic violence situation in which a parent who receives or is applying for CalWORKs would have good cause to not cooperate with CSSD, proceed as follows:

Complete the DCFS 280, Technical Assistant Action Request, to request that the DCFS eligibility worker (EW) do the following:

Locate the DPSS EW

Provide the CSW with his or her name and phone number

The CSW may discuss the situation with the DPSS EW

Document the telephone conversation in the Contact Notebook.

Responding to a Compromise Form from CSSD

Case-Carrying CSW Responsibilities

Upon receipt of the Child Support Services Department's Compromise Form, complete the form as follows:

If the compromise is in the best interest of the child, check the (“Is”) box and sign the form.

If the compromise is not in the best interest of the child, check the (“Is not”) box. Complete the justification section, and sign the form.

Maintain a copy of the form in the Additional Services Documentation folder.

Document all actions taken in the Case Notes.

Regional Staff Responsibilities

Fax the signed and completed the Child Support Services Department's Compromise Form to CSSD within 10 business days from the date received by DCFS.

Follow the controls established by your respective regional office.