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Paternity Referrals
In child and medical support enforcement, a paternity referral is required for a child whose parents are (or were) unmarried at the time of conception, or for whom paternity has never been established by COURT ORDER, or through the voluntary paternity acknowledgment process. When both unmarried parents are living in the home and paternity has not legally been established (for example, a U-parent case with unmarried parents where both parents are in the home), the mother must complete and sign the required forms. The EW must document that both parents are in the home, so the DCSS can have them come into the office immediately. Unmarried parents applying for or receiving CalWORKs or Medi-Cal may sign a Voluntary Declaration of Paternity. Refer to Voluntary Declaration of Paternity - CalWORKs and Medi-Cal for more information.
Establishing Paternity
Paternity can be established by:
- Voluntary declaration
- "Declaration of Paternity" (CS 909) completed and submitted to the State DCSS - POP Unit
- "Notice and Agreement for Child, Spousal and Medical Support" (CW 2.1 N&A) and "Support Questionnaire" (CW 2.1Q)
- Court Order
CW 2.1 N&A and CW 2.1Q
Every mother applying for or receiving CalWORKs and/or Medi-Cal MUST complete CW 2.1 N&A and CW 2.1Q for each absent father, even if the child’s parents were/are married. The complete CW 2.1 N&A and CW 2.1Q must be imaged.
If the child’s mother is not in the home, the CW 2.1 N&A and CW 2.1Q shall not be completed. The CW 2.1 N&A and CW 2.1Q must always be completed by the child’s mother. If the child’s father is applying and paternity has not been legally established, print the "Referral to Department of Child Support Services" (CW 371) for the absent mother and note on the CW 371 that paternity must be established. The CW 371 shall be imaged. Birth certificates issued any time on or after January 1, 1997 that include the name of the child’s father, do not require a CW 2.1 N&A and CW 2.1Q to be completed or a referral to the DCSS.
Follow the guidelines below for completion of CW 2.1 N&A and CW 2.1Q.
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If... |
Then... |
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The child being referred is an unborn. |
Wait to complete the CW 2.1 N&A and CW 2.1Q until the baby is born. |
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There is the possibility of more than one person being the father. |
Have the mother complete an CW 2.1 N&A and CW 2.1Q for each possible father and have all CW 2.1 N&A and CW 2.1Q imaged. |
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The mother refuses to complete the CW 2.1 N&A and CW 2.1Q. |
Document the mother’s refusal on the CW 371 and have it imaged. |
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The individual requesting assistance is not the child’s birth mother. |
Do not have the CW 2.1 N&A and CW 2.1Q completed. |
Paternity may need to be established by a court order unless:
- The parents were married and living together at the time of the child's conception, and the husband did not contest paternity or request blood tests before the child's second birthday, or
- CS 909 has been completed.
Once paternity has been established, either documented by the DCSS or a voluntary paternity declaration has been signed and filed appropriately, it is no longer necessary to continue making paternity referrals. However, changes regarding the absent parent’s information must continue to be provided to the DCSS by updating the Absent Parents page in CalSAWS.
For CalWORKs
A paternity referral is not to be made on pregnant women and pregnant minor cases. The Absent Parents page must still be completed.
If the pregnant applicant/recipient has an eligible child with absent parent deprivation for whom paternity must be established, the CW 2.1 N&A and CW 2.1Q must be completed for that child and signed by the client. Refer to Who is Referred.
For Medi-Cal Only Clients
A paternity referral is not made on pregnant women. The referral is deferred until the end of the 365-day postpartum period. Refer to Medi-Cal Referral Criteria for complete information. Referrals for other eligible children are also deferred until the end of the 365-day postpartum period.
Related Topics
Child/Medical Support Overview