Parental Responsibility

In child and medical support enforcement, all parents, regardless of their age or their marital status, are held responsible for the financial and medical support of their children, natural or adopted. The SCC DCSS is responsible for taking court action to obtain that support. The court determines the ability of the parent to support their child(ren). Parental responsibility differs for CalWORKs and Medi-Cal Only, and is defined as follows:

CalWORKs

Medi‐Cal Only

Parental responsibility extends to all children who receive CalWORKs. This includes children who:

Are foster children,
Are minor parents,
Are not living with their parent(s),
Are adopted (the adoptive parents are responsible, not the birth parents),
Have been removed from the parents' custody by the court.

Parental responsibility extends to children under age 18. This includes children who:

Are minor parents,
Are not living with their parent(s),
Are adopted (the adoptive parents are responsible, not the birth parents).

Note: For medical support, parental responsibility DOES NOT apply to children applying as adults, children receiving AAP, to undocumented children, unless it is believed that the AP is a US citizen or LPR or to other children removed from parental custody by court.

Responsibility Continues

Parental responsibility continues even if:

The marriage of the parents has been dissolved.
The parents were never married.
The parents are absent and not living with the child.

Responsibility Stops

Parental responsibility ceases only when the child:

Is legally relinquished by court action.
Is married and living with his/her spouse.
Reaches 18 years of age or is otherwise emancipated.
Joins the military service.
Is deceased.

Stepparents

Child and medical support enforcement do not apply to a stepparent in the home.

Senior Parent

Child and medical support enforcement apply to senior parent(s) only when the unmarried minor parent is NOT living with the senior parent(s).

Exception: For Medi-Cal Only, there are situations when a senior parent IS NOT referred for medical support. For example, medical support is not enforced on the senior parent(s) of a child who applies for Minor Consent Services or a child 14 to 18 years of age applying as an adult. Refer to "Who is NOT Referred" and "Exemption to Referral for Pregnant Women" sections for complete information regarding which persons are exempt from medical support requirements.

Single Parent Adoption

A single parent adoption case may qualify for CalWORKs based on absent parent deprivation. A referral should not be made to the DCSS. The CW 2.1 does not need to be printed, signed or imaged.

Currently, the CalSAWS interface generates a referral to DCSS even on single parent adoption cases. In the Absent Parents page, the worker must enter “Single Parent” in the First Name field and “Adoption” in the Last Name field. In the Begin Date field, enter the current date. This will inform DCSS that this is a Single Parent Adoption case and no action is required on their part.

Example Example A woman comes in to apply for CalWORKs for herself and the child she adopted in a single parent adoption. Because there is only one parent, the case is eligible based on absent parent deprivation.

For Medi-Cal Only, medical support is not enforced in single parent adoption cases. As deprivation is not a required factor in Medi-Cal eligibility for a child, medical support requirements would not apply to the second parent. The Absent Parents page should not be completed.

Voluntary Declaration of Paternity

Unmarried parents within a CalWORKs or Medi-Cal family may choose to forego the court process to have paternity established and may voluntarily sign a declaration of paternity. Unmarried parents must be informed of this possibility and be given the necessary forms, if required. The “How a Declaration of Paternity Can Help You and Your Baby” (CS 910) and the “Establishing Paternity for You and Your Child” (PUB 244) are available to be used for informing purposes.

If the unmarried parents choose not to sign the voluntary declaration of paternity, they still must cooperate with DCSS in establishing paternity for CalWORKs and Medi-Cal purposes.

When both unmarried parents sign the “Declaration of Paternity” (CS 909), it will:

Legally establish a parent-child relationship between the father and the child.
Allow the father’s name to be added to the birth certificate.
Legally establish the man as the child’s father, without going to court.
Make it easier for the child to access the medical histories of both parents and to receive any benefits for which the child may later become eligible, such as health insurance, Social Security, and Veteran’s benefits.