DPSS ePolicy

Unless exempt, CalWORKs applicants and participants are required to cooperate with CSSD in identifying and locating the absent parent, establishing paternity, securing a support order, and identifying any third parties who may be responsible for support. 

Good Cause exemptions from the requirements to cooperate with child support enforcement include: 

• When cooperation may reasonably be anticipated to result in serious physical or emotional harm to the applicant/participant or children;
• The child for whom aid is sought was conceived as a result of incest or rape;
• Legal proceedings for the adoption of the child are pending; or
• A public or private agency is counseling the applicant regarding keeping the child or relinquishing the child for adoption.

A Good Cause exemption from the cooperation requirements can be claimed at any time. This includes instances in which the applicant/participant previously agreed to cooperate on the CW 2.1 NA.

A 25 percent penalty for noncooperation with CSSD cannot be applied unless the EW has contacted the applicant/participant to inform them of the Good Cause exemptions and determine if Good Cause exists.

In addition, child support requirements do not apply when the following conditions exist:

• Both married natural or adoptive parents of the eligible child(ren) live in the home with the child;
  
• The parent(s) is/are deceased.
• Both unmarried parents of the eligible child are living in the home and paternity has been legally established; or
  
• When the case has a K1/3F aid code.

Note: A birth certificate DOES NOT establish parentage when parents are unmarried; a CS 909, Declaration of Paternity – Notice, is required.

Paternity for unmarried parents is only established if:

• They completed a DCSS 0909, Voluntary Declaration of Paternity, with their signatures witnessed by an authorized agency (e.g., at the hospital at the time of birth) and filed with the Department of Child Support Services (DCSS); or
  
• There is a court order that has established paternity.

With the passage of Welfare Reform in 1998 (Assembly Bill [AB] 1542), CalWORKs applicants/participants must cooperate with child support enforcement requirements, unless exempt.

The Child Support Enforcement Program has been established to identify and locate absent parents, establish paternity, and establish and enforce the child and spousal support obligation. The Department of Public Social Services (DPSS) and CSSD work together in this effort to obtain child support for families receiving CalWORKs and Medi-Cal.

AB 79 (Chapter 11, Statutes of 2020) increases the current child support disregard from "up to the first $50" to "up to $100" for a family with one child and "up to $200" for a family with two or more children living in the home effective January 1, 2022. AB 79 also extends the CalWORKs time limit for aid to adult recipients from 48 months to 60 months effective May 1, 2022. Further details about the time limit policy change can be found within Administrative Release (AR) 42-300 Time Limit Requirements.

AB 207 (Chapter 57, Statutes of 2022) requires that effective the date CalSAWS automation is complete:

• Any amount of child/spousal support arrears collected from a formerly assisted CalWORKs family must be passed through.
  
• Requires that any amount of child/spousal support arrears collected from a family currently under aid code K1/3F must also be passed through.
• Requires that any amount of child support received by a family under K1/3F aid codes be exempt from consideration as income and resources when determining CalWORKs eligibility and the grant amount.

California Child Support Automation System (CCSAS)

CCSAS is a federally mandated system used by CSSD and all other child support departments in California to manage child support cases.

CCSAS and the system electronically exchange case information resulting in enhanced communication between departments and increased case accuracy.

Effective January 1, 2022, the count of number of children that are part of the family (aided and unaided) will be electronically sent to CSSD as part of the interface so that CSSD can determine the child support amount the family is entitled to as a result of AB 79.

A child is one of the following:

• An aided child in the Assistance Unit (AU).
• A child with a role of Medi-Cal Member Only (MMO) and role reason of Optional Child – Receives Child Support (unaided child that is a step/half-sibling that is excluded from the CalWORKs Maximum Aid Payment [MAP] for the AU to keep the full child support payments).
  

Electronic Child Support Referral

The system sends CCSAS case and persons information including absent parent, participant and child information.  The system sends this information to CCSAS when:

• CalWORKs benefits are authorized for a case with an absent parent(s) – Intake Cases.
• Absent parent is added/identified in the system – Approved cases.

Child Support Sanction

The applicant/participant is not eligible to receive aid for themselves and is excluded from the AU if they fail to complete and return the CW 2.1 NA and refuse verbally or in writing on the CW 2.1 NA to assign child/spousal support rights to Los Angeles County. See the Procedures Section for details for applying a child support sanction.

Child Support Penalty

The CalWORKs grant is reduced by 25 percent when the applicant/participant fails to comply with CSSD in the child enforcement process.  See Procedures Section for details for applying a child support penalty.

DCSS 0909

A declaration signed by both the biological father and the unmarried mother filed with DCSS establishes a legal parent-child relationship between the father and the child. The DCSS 0909 replaced the CS 909 and is used to legally establish parentage.

Parents can establish legal parentage by completing a DCSS 0909 and having their signatures witnessed by an authorized witnessing agency, which includes:

• Birthing Hospitals – At the time of birth
  
• Local Child Support Agency Offices
• Offices of Local Registrar of Births and Deaths – Vital Records
• Courts – Family Law Facilitator
• County Welfare Departments – Health and Human Services Agency

See Forms Instructions DCSS 0909 for additional information.

Safety Net Cases

Cases in which all adults have been discontinued from cash aid and removed from the AU due to reaching the CalWORKs 60-Month Time Limit.  

Long-term GAIN Sanction

Cases that include a parent/caretaker who has been sanctioned due to failing or refusing to comply with the GAIN Program requirements, for 12 consecutive months or longer, without a break-in-aid of one month or more.

Fleeing Felon

An individual who is fleeing to avoid prosecution, custody, or confinement after conviction for a crime/attempt to commit a crime is a felony. These individuals are ineligible for CalWORKs due to their fleeing felon status.

K1 and 3F Aid Codes

K1/3F aid codes are assigned to cases that are:

• Safety Net cases;
• Long-Term GAIN Sanctioned; or
• Cases where the parent/caretaker is a fleeing felon.

The K1 aid code is for single parent cases and the 3F aid code is for two-parent cases.

Child Support Disregard

The amount of pass-through that is disregarded from consideration as income when determining CalWORKs eligibility or the grant amount.

CalWORKs Child/Spousal Support Pass-Through

The assigned child/spousal support amount the State collects and forwards to the CalWORKs family, rather than using it to reimburse prior months of aid.

Formerly Assisted CalWORKs Families

Families who received CalWORKs in the past but whose CalWORKs cases are now closed.

Child Support Cooperation Requirements

Unless Good Cause exists, CalWORKs applicants/participants are required to cooperate by:

• Providing any relevant information in their possession about the identity and whereabouts of each absent parent or alleged father;
• Completing, signing, and dating the CW 2.1;
• Completing an interview with CSSD staff upon application for CalWORKs or upon a household change that requires an interview referral;
• Submitting to genetic testing (including child) if paternity is in question;
• Serving as a witness in court or at other hearings related to child support;
• Forwarding child support payments received directly from the absent parent(s) with or without a court order to CSSD; and
• Identifying potential sources of medical coverage, including private health insurance policies, pending judgments, etc. 

Instances when an applicant/participant is required to cooperate with CSSD

• When there is at least one absent parent;
• When the unmarried parents are living together and paternity has not been established;
• When an unmarried parent returns to the home and paternity has not been established;
• When a parent leaves the home;
• When a child with an absent parent is added to the AU (including a minor parent);
• When a child for whom paternity has not been established is added to the AU and the father lives in the home; and
• When the minor has their own case, a referral must be made for both of the minor’s absent parent(s) and the absent parent of the minor’s child(ren).
  

Note:  AUs with excluded step/half-siblings are required to cooperate with Child Support, unless exempt.  See 44-315.9 Step/Half-Siblings Receiving Child Support in ePolicy for detailed information.

Benefits of Cooperation

The EW should advise applicants/participants of the benefits of child support cooperation. 

This includes but is not limited to: 

Child Support Disregard

• Prior to January 1, 2022:  The family received "up to the first $50"of current child support paid by the absent parent to CSSD.  The $50 disregard did not count in computing the CalWORKs grant;
• Effective January 1, 2022:  The family will receive "up to $100" for a family with one child and "up to $200" for a family with two or more children of current child support paid by the absent parent to CSSD.  The $100/$200 disregard does not count in computing the CalWORKs grant.

Monthly Time Clock

Child support collected by CSSD is sent to DPSS and is used to repay aid received by the participant. The CalWORKs Monthly Time Clock is reduced by each full month of aid that is repaid

• Effective May 1, 2022, the time clock will increase to 60 months.
• From July 1, 2011 to April 30, 2022 the time clock was 48 months.
  

See 42-300 Time Limit Requirements in ePolicy for more detailed information regarding Time Limits. 

Proving Paternity or Establishing Who is The Father

• Gives the child the legal rights and privileges of a child born within a marriage.  It allows the child to receive the father’s health care coverage, workers’ compensation dependent benefits, social security/veteran’s benefits, inheritance, and the emotional benefits of knowing who is their father; and

Future Income

• Right now, the absent parent may not be able to pay child support, but they may be able to do so later.  For this reason, child support rights need to be established as soon as possible.  Also, there may be unemployment/disability insurance benefits, military allotments, retirement, tax refunds, investments/property resources, and survivors benefits that can be assigned or used to pay child support. 

Capturing Absent Parent Information

The CW 2.1 Q, Support Questionnaire

• Is used to capture absent parent information provided by the applicant/participant for each absent parent.

Assignment of Rights

Unless exempt, the applicant/participant must trade the right to child support in exchange for CalWORKs. This means that the parent or needy caretaker is giving the County the right to keep child/spousal support payments that are collected by CSSD. The money collected is used to pay back the CalWORKs aid received by the AU.

The receipt of aid constitutes an automatic assignment of child/spousal support rights. However, the applicant/participant can refuse to assign support rights in writing via the CW 2.1 NA.

Medi-Cal Support 

Parents/Caretaker relatives applying for or receiving Medi-Cal (Modified Adjusted Gross Income [MAGI] or Non-MAGI) on behalf of a child with an absent or unmarried parent in the home, are required to cooperate with CSSD and comply with Medical Support Enforcement (MSE) requirements.

MSE requirements include:

1. Assigning the applicant's/beneficiary's rights to the State for any medical support and payments for medical care;
2. Cooperating with the Local Child Support Agency in establishing parentage of a child born out of wedlock for which medical services are requested; and
3. Cooperating with the State in identifying and providing information to assist the State in pursuing any third party who may be liable in paying for care and services under the Medi-Cal program.

Note: The MSE requirements are waived until December 31, 2024.

Refusal to Assign 

There is no Good Cause for refusing to assign support rights. However, the applicant/participant has the right to refuse on the CW 2.1.  If they refuse to assign support rights, the EW must inform them that the refusal will result in a sanction (removal from the AU) and will require aid payments for the children by protective payments.  The refusal must be done in writing on the CW 2.1 or verbally before a sanction can be imposed. 

Although the applicant/participant may refuse to assign support rights, the refusal does not stop the CSSD staff from performing case activities.  The Absent/Unmarried Parent List page must be completed to ensure that the system generates an electronic referral to CCSAS.

 See 44-305 Payee Change/Protective Payee in ePolicy for detailed information regarding protective payments.

The CW 2.1 NA is: 

• Used to notify the applicant/participant of the child support assignment and cooperation rules;
• Used to notify the applicant/participant of the right to claim Good Cause;
• Used to document the applicant’s/participant’s decision to not assign support rights which is captured as a refusal;
• Completed and signed by the applicant/participant for each absent parent;
• Reviewed by the County with the applicant/participant; and
• Signed by a County representative.
  

Non-cooperation

The applicant’s/participant’s CalWORKs grant is reduced by 25 percent when they do not cooperate in child support enforcement.  

Prior to the 25 percent reduction, the EW must contact the applicant/participant to inform them of the Good Cause exemptions and determine if Good Cause exists.  If they have Good Cause, the 25 percent will not be applied.

A Good Cause exemption from the cooperation requirements can be claimed at any time.  This includes instances in which the applicant/participant previously agreed to cooperate on the CW 2.1.

A Pregnant Woman Only applies for CalWORKs

The applicant/participant is required to complete all initial Intake forms to establish deprivation.  However, the child support referral to CSSD is not required until the child is born.

A non-needy caretaker applies for a child

Child support cooperation is required, and the case is referred to CSSD for child support enforcement. However, CalWORKs benefits would not be reduced if they do not comply since this individual is a non-needy caretaker; therefore, a sanction and/or penalty will not be applied.

A parent fails to cooperate with CSSD for two or more absent parents 

A 25 percent penalty is applied once; this is considered one instance of non-cooperation. 

Example: 

An AU consists of a parent with two children, each with a different absent parent. The parent fails to cooperate for either of the children’s parents. In this case, only one 25 percent penalty will be applied.   

A parent is not aided, such as a non-citizen parent, GAIN sanction, Social Security Income, etc.

A 25 percent penalty can still be applied for failing to cooperate with the CSSD interview.  

A participant has an existing child support penalty and subsequently complies with the CSSD interview or Good Cause is established based on new circumstances.

The penalty is removed effective the first of the month in which the participant cooperates or Good Cause is established.

When a senior and minor parent both fail to cooperate with CSSD the 25 percent penalty can be applied twice on the case.

Example: 

An AU consists of a senior parent with two children. One child is a minor teen parent with their child. Both the senior parent and minor teen parent fail to cooperate with the CSSD interview regarding the absent parents of the children. In this case, there are two different individuals who are not cooperating for different children. Therefore, the 25 percent penalty will be applied twice.

Sanction and Penalty

An adult can be sanctioned from the AU for refusing to assign child support rights and have the CalWORKs grant reduced by 25 percent for failing to cooperate with CSSD staff.

Direct Child Support Payments

The EW must instruct the applicant/participant at Application/RE to immediately report the receipt of a child/spousal support payment to the CSSD’s Customer Call Center at (866) 901-3212 from anywhere in the United States or (866) 399-4096 (TTY).

CSSD will provide the customer with mailing instructions, etc.

The participant must be informed to forward the direct child/spousal support payment to CSSD as it is a part of the cooperation requirements.

This requirement applies to two parents with separate children and to minor parents whether the minor parent or senior parent are aided on the case.

Failure to turn in the child/spousal support to CSSD may result in a 25 percent penalty.

Note: A penalty cannot be imposed when an applicant/participant who has been granted Good Cause refuses to forward direct child support payments. CSSD ceases collection activities when Good Cause exists.

Refer to Child Support Income is Received Directly from the Absent Parent Section within this release for additional information.

Voluntary Declaration of Parentage

The DCSS 0909 is available for unmarried different-sex parents, married or unmarried same-sex parents, and parents who have children using assisted reproductive technology wishing to voluntarily establish paternity. EWs must offer unmarried parents the opportunity to voluntarily sign the DCSS 0909.

Note: Parents who utilize surrogacy are exempt from utilizing the DCSS 0909.

When both unmarried parents are in the home with an aided child(ren) in common and paternity has not been established by a court order, the following steps are to be taken:

• Prior to signing the declaration, the EW must read the Alternatives, Rights, Responsibilities, and Consequences located on the back of the form to the parents.
  

If the parents do not understand the form; their rights and responsibilities; the consequences that result from the completion and filing of the form; or they request additional information; then advise them to contact CSSD or a private attorney for more information.

• If the unmarried parents choose not to complete the DCSS 0909, the parents are referred to CSSD via the electronic referral process.
  

• If the parents indicate that the DCSS 0909 has been signed at a hospital, they must provide a valid copy of the declaration in order to establish legal paternity.
  

Refer to the Completing Declaration of Paternity Section in the Procedures Section of this release for information for processing the DCSS 0909.

Good Cause Exemption from Cooperation Requirements

Sometimes opening a child support case or continuing cooperation in a child support case may not be in the best interest of the child(ren). Applicants/Participants are exempt from cooperating if they have a Good Cause for not cooperating. CSSD will not pursue child support when Good Cause exists.

Good Cause exists not to cooperate in a child support case when:

• Cooperation would increase the risk of physical, sexual, or emotional harm to the child(ren);
• Cooperation would increase the risk of domestic abuse for the parent/caretaker relative;
• The child(ren) was conceived due to incest/rape;
• Court proceedings are on-going for the adoption of the child(ren);
• The applicant/participant is working with an adoption agency to resolve the issues of whether to keep/relinquish the child for adoption; or
• Other credible reasons why cooperation would not be in the best interest of the child(ren).

The EW should presume a Good Cause exemption is appropriate when an applicant/participant is a survivor of domestic abuse. In this instance, the EW must follow up to determine if Good Cause exists from the child support cooperation requirements and provide the applicant/participant with the CW 51, Good Cause Claim for Non-Cooperation.

A Good Cause exemption from the cooperation requirements can be claimed at any time. This includes instances in which the applicant/participant previously agreed to cooperate on the CW 2.1 NA.

A 25 percent penalty for noncooperation with CSSD cannot be applied unless the EW has contacted the applicant/participant to inform them of the Good Cause exemptions and determine if Good Cause exists.

When claiming Good Cause, the applicant/participant must complete the CW 51 in their primary language. In addition, the applicant/participant must provide verification.

Note: An affidavit is acceptable verification when Good Cause is claimed due to risk or harm to the family.

Cases with K1/3F Aid Codes

The participant:

• Is exempt from the child support cooperation requirements including:
  • Exempt from assigning child/spousal support rights to the County;
  • Exempt from cooperating to obtain financial support and/or to establish paternity;
  • Not subject to child support penalties and sanctions;
  • Not required to complete the CW 2.1 and CW 2.1 Q forms;
  • Not required to forward direct child support payments received to CSSD; and
  • Not referred to CSSD.
• Should be encouraged to seek services from CSSD and advised of the advantages of child support enforcement; 

Note: Parents/Caretaker relatives of K1/3F cases are not exempt to the MSE requirements when they are aided under Medi-Cal only (MAGI/Non-MAGI) aid codes.  The CW 2.1 and CW 2.1Q must be provided/sent to the applicant/participant.

When there is an existing open child support case and the case becomes a K1 or 3F case.

CSSD may continue child support enforcement and collections from the absent parent when child support arrears are owed or the participant voluntarily wishes to maintain an open child support case.

• CSSD will continue enforcement and collection of child support from the non-custodial parent and CSSD sends child support payments directly to the AU;
  
• Adults in the AU will no longer have months on their CalWORKs/Temporary Assistance for Needy Families Time Clock “unticked” due to child support reimbursement of the AU’s grant amount for months of aid repaid;
• Penalties/Sanctions for non-cooperation with CSSD/Child Support agencies or refusal to assign support rights must be removed retroactively starting with the date when the AU was placed in the K1/3F aid code. No new penalties or sanctions should be applied if the AU remains in the K1/3F aid code;
• All child/spousal support payments for K1/3F families must be exempt from consideration of income and resources for the purposes of determining CalWORKs eligibility and the grant amount;
  
• K1/3F participants are required to report the amount of unearned child support income anytime the family’s combined gross income (both earned and unearned) is more than the established Income Reporting Threshold according to income reporting rules; and
  
• K1/3F participants can close their case with CSSD at any time.
  

CSSD collects child support arrears on behalf of the aided children for an existing K1/3F case.

The child support income will be provided directly to the family and will not be used to reimburse CalWORKs benefits, unless the payment is undeliverable.

Any pass-through payments that cannot be delivered (i.e., because the participant could not be found, a paper check made out to the participant is uncashed and expired, or there is no direct deposit account or electronic payment card on file) for a period of six months will be used to reimburse CalWORKs benefits.

The K1/3F family may make a claim for these pass-through payments within 12 months of the payment being sent to recoupment. The 12-month period begins after funds have been recouped to repay CalWORKs (after the initial six months). The request cannot be made by a third party. Participants who need to file a claim for recoupment will be referred to CSSD’s Customer Service Call Center for additional information.

New applicants are placed directly into the K1/3F aid code and have not yet opened a child support case.

The participant can receive CSSD services if they go to the CSSD office and voluntarily requests child support services.

In these instances, there may be a $25 annual fee that will be charged for child support administrative services when the family has never received public assistance. This payment will be deducted from any child support payment collected, if any.

Note: The $25 annual fee may be waived for families who have previously received public assistance.

CSSD collects child support on behalf of the aided children for an existing K1/3F case.

The income:

• Will be provided directly to the family and will not be used to reimburse CalWORKs benefits.
  

Note: The child support income is not used to “untick” the participant’s time-on-aid.

At any time, the case transfers to an aid code other than K1/3F.

The parent/caretaker relative would be subject to child support cooperation requirements unless Good Cause exists.

The CW 2215, CalWORKs Important Information for Safety Net and Certain Child-Only notice is:

• Provided to all AUs with a K1/3F aid code in their preferred language.
  
• Provides information about the changes in child support cooperation requirements, the receipt of child support income, and reminders on how and when to report the child support income.

Community Agencies

Community Agencies that can assist an applicant/participant with obtaining verification when claiming Good Cause:

211 of Los Angeles County

 211 or the hearing-impaired TTY may call 711 and asked to be connected to 211

Legal Services

• American Civil Liberties Union – (213) 977-9500
• Asian Americans Advancing Justice – (213) 977-7500
• Bet Tzedek Legal Services – (323) 939-0506
• Legal Aid Foundation of Los Angeles – (800) 399-4LAW
• Neighborhood Legal Services of Los Angeles – (800) 433-6251
• Public Counsel – (213) 385-2977
  

Other Services 

• Domestic Abuse Hotline – (800) 978-3600
• Maternal and Child Health Access – (213) 749-4261
• National Council of Jewish Women – Council House Talk Line (323) 655-3807
• Rape or Sexual Abuse Hotline – (800) 585-6231

TEMP CW 2225, Changes to the CalWORKs Child Support Disregard/Pass-Through Rules and CW 2215, CalWORKs Important Information for Safety Net and Certain Child-Only Cases

As a result of the child support disregard policy change effective January 1, 2022:

• TEMP CW 2225 (10/20): Must be provided to CalWORKs applicants/participants in their preferred language; and
• CW 2215 (10/20): Must be provided to participants, in their preferred language, whenever the CalWORKs application is approved under the aid codes K1/3F or the aid code changes to K1/3F.
  

See TEMP CW 2225 Changes to the CalWORKs Child Support Disregard/Pass-Through Rules and CW 2215 CalWORKs Important Information for Safety Net and Certain Child-Only Cases in ePolicy for detailed information.

Formerly Assisted CalWORKs Cases

Support arrears income collected by CSSD will be passed through directly to the family and will not be used to reimburse CalWORKs benefits, unless the payment is undeliverable.

Any pass-through payments that cannot be delivered (i.e., because the former participant could not be found, a paper check made out to the former participant is uncashed and expired, or there is no direct deposit account or electronic payment card on file) for a period of six months will be used to reimburse CalWORKs benefits.

The former participant may make a claim for these pass-through payments within 12 months of the payment being sent. The 12-month period begins after funds have been recouped to repay CalWORKs (after the initial six months). The request cannot be made by a third party. Former participants who need to file a claim for recoupment will be referred to CSSD’s Customer Service Call Center for additional information.

If an applicant/participant requests Good Cause for not cooperating with child support requirements, the applicant/participant can provide the following types of verification to support their claim: 

Incest/Rape

Legal/Medical Documentation:

• Birth Certificates or Medical records;
• Mental Health records;
• Rape Crisis records;
• DV Program records; or
• Law enforcement documentation records which indicate the child was conceived as the result of incest or rape.

Adoption

Court Documents:

• Court documents; or
• Other records which indicate that legal proceedings for adoption are pending before a court.

Relinquishment

Adoption Statement

A written statement from a:

• Public; or 
• Licensed private adoption agency. 

The written statement would need to specify that the applicant/participant is being assisted by the agency to resolve the issue of whether to keep the child or relinquish the child for adoption. 

Physical or Emotional Harm

Supporting Records: 

• GEN 853, Affidavit; 
• Records that show applicant/participant has asked for help for abuse to them and/or the child(ren); or
• Records that show evidence of abuse. 

The records can be from police, governmental agency, or court records, documentation from a DV program or a professional from whom the applicant or participant has sought assistance in dealing with abuse, physical evidence of
abuse, or any other evidence that supports an exemption from cooperation requirements.