Overview

Family Code 17552, MPP 43-105 and 31-503

All parents are required by law to contribute to the support of their children. This requirement continues if the child is placed outside of the home, either voluntarily or by court order. When a child is placed outside of the home and receives financial assistance from the county, reimbursement is collected from the parents by the Local Child Support Agency (LCSA). In Foster Care, all parents of children in out-of-home care are referred to DCSS except in cases of good cause. A referral is required for each parent.

Exception: Child Support referrals are not required for cases receiving aid code 45 and FREED children.

Changes for Court Ordered Out of Home Placements

ACL 23-29, AB 1686

Effective January 1, 2023, new state law directs counties to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification. Therefore, counties shall no longer refer parents whose child(ren) have been removed from the home and are receiving Child Welfare Services (dependency cases) to LCSA. This policy applies to dependency cases including foster youth receiving CalWORKs, placements with a non-relative extended family member (NREFM) and to Kinship Guardianship Assistance Payment Program (Kin-GAP) cases.

This regulation does not apply to voluntary placements or non-dependent non-related legal guardianships. Also, effective January 1, 2023, the accrual and collection of foster care related child support payments for cases that do not meet the exception below shall stop.

Exception

The exception to AB 1686 are cases where:

The parent’s annual income (for FC or cases) or the child's income (for Kin-GAP cases) is greater than $100,000 annually or 400 percent of the federal poverty level, whichever is greater, and
A referral to the child support agency will not pose a barrier to reunification.

At the time of assessment the Social Worker (SW) must assess the parent’s economic situation and be able to demonstrate that a referral to a local child support agency will not pose a barrier to any proposed reunification plan.

CW 51 Form

During intake, the Dependency Investigation (DI) SW will complete the "Child Support - Good Cause Claim for Noncooperation” form (CW 51) to indicate whether good cause is granted for a foster care case. The DI SW must send the form to the Intake Eligibility Worker (EW) within ten calendar days of receiving the referral assignment. The escalation process must be started if the Intake EW does not receive the form within ten days of receiving the FC application.

Cases Without Dependency
AB 1686 does not apply to non-dependent cases such as voluntary placements and non-dependent non-related legal guardianships (NDNRLGs). Meaning, the existing child/medical support process continues for these populations. For voluntary cases, the applicant parent(s) MUST agree to cooperate with child support as a condition of placement by completing the CW 2.1 NA and CW 2.1Q for each parent. For NDNRLG cases, the legal guardian will be sent the forms to complete for the parents in LG cases.

NOTE: Usuallly, NDNRLGs established by Juvenile Court are former foster care youth who have been placed in guardianships as another planned permanent livinig arrangement (APPLA). As such, SWs supervise these cases and may determine good cause for child support. Guardianships established in Probate Court are not supervised by SWs and therefore, SWs would not make good cause assessments for child support. Until further state guidance is provided, EWs will not send any child support referrals for Probate cases.

Informing Requirement

It is the policy of Santa Clara County to inform the parent of the potential to being referred to child support services. Foster Care Eligibility (FCE) uses form SCD 38, “Important Information About Your Responsibility To Support Your Child" to fulfill the informing requirement. This form should be signed, dated and sent during initial intake to whichever address (if any) is stated in the court petition or initial court order.

Forms

Informational

”Child Support Debt Reduction Program” brochure (PUB 310). This brochure should be provided to parents or guardians who contact FCE with questions about the Debt Reduction Program.
"Child Support Overview" brochure (PUB 301). This brochure should be provided to parents or guardians who contact FCE with questions regarding child support services.

Referral Forms

The following forms are used to make a referral for child/medical support. The EW shall refer any absent parent to the LCSA.

“Child Support - Good Cause Claim for Noncooperation” form (CW 51).
This form is used by the SW to indicate whether good cause is granted at initial intake and/or during redetermination.
“Notice and Agreement for Child, Spousal and Medical Support” form (CW 2.1 NA). Parents must agree to cooperate with child support as a condition of placement. Legal Guardians will be provided the form to complete with the parents' information in NDNRLG cases.

“Child Support Questionnaire” form (CW 2.1Q). Parents must agree to cooperate with child support as a condition of placement. Legal Guardians will be provided the form to complete with the parents' information in NDNRLG cases.

“Referral To Local Child Support Agency (LCSA)” form (CW 371). This form is sent by the EW to the LCSA when the SW decides not to grant good cause. This may occur at initial intake or during redetermination. This form may be emailed to the LCSA.
“Paternity Affidavit” form (SCD 95). The child's parent, relative or legal guardian must complete this form for each absent parent. This form enables LCSA to obtain a child support order more quickly when paternity is at issue. It also provides LCSA with the required information concerning the marital status of the child's parents at the time of conception and whether the parents ever lived together. This form may be emailed to the LCSA.
“Social Services Agency/Department of Child Support Services Communication Form" (SCD 1603). This form is used by the EW and LCSA to communicate information and may be emailed or sent to 333 W. Julian Street, 3rd Floor.

NOTE: Include copies of any documents that support the information on the CW 2.1Q, if available. Such documents include copies of the child's birth or baptismal certificate, divorce papers and court orders for child support.

The LCSA will contact the parent(s) when a referral is received.

Deceased Parent(s)

Child/medical support referrals are not required if the child's parent(s) are deceased, provided that sufficient documentation is on file in the case record (i.e., death certificate).

Relinquishment of Child

EWs shall use the “Social Services Agency/Family Support Division Communication Form” (SCD 1603) to notify the LCSA to stop child/medical support activity when a child has been relinquished. This form may be sent via email or to 333 W. Julian Street, 3rd Floor.

Re-Evaluations (REs)

45-202.12, 45-203, WIC 11401.5, 11461.3, ACL 23-29

For AB 1686 cases, during RE a SW may decide to update the CW 51 to add good cause or refer a case to LCSA . This may happen:

If a case initially met the income exception to AB 1686, then subsequently had lower income during RE.
If a case initially had lower income, then subsequently had higher income during RE.
If circumstances in the case changed and a child support referral would no longer pose a barrier to reunification.

Overstated Total Aid Paid Situations

To establish a parent's child support liability, the LCSA must determine the “Total Aid Paid” for each child. When a child in Foster Care has their own income (e.g. Social Security, SSI, and/or VA benefits) and our agency is the payee, the child's income goes to Fiscal and is recorded in accounts receivable. The EW pays the full grant amount. Fiscal then abates the claim.

In the situation described above, the “Total Aid Paid” shown on record is overstated, as it does not reflect the child's income. LCSA could overcharge the parent(s) unless notified that the child has income which has been used to meet his/her needs.

When notified by Fiscal of receipt of benefits for a child, the EW shall use the “Social Services Agency/Family Support Division Communication Form” (SCD 1603) to notify the LCSA that “The child has income $________ per month beginning _____________ which is deposited into an SSA fiscal account. The “Total Aid Paid” showing is overstated and must be reduced by the child's income.”

LCSA will then know to confirm the “Total Aid Paid” when establishing support liability.

There is no need to complete an SCD 1603 when the child's income is less than the grant amount and the EW is subtracting the income from the grant amount, issuing the difference.