Contacts with the Child Support Services Department (CSSD)
0080-503.00 | Revision Date: 12/1/2023

Overview

This policy guide helps determine whether DCFS should make a referral to the local child support agency for child support services when a family is receiving child welfare services. It also provides information on the Compromise of Assigned Arrears-Family Reunification Program (COA-FR).

Table of Contents

Version Summary

This policy guide was updated from the 07/01/14 version, in accordance with new state policy, per ACL 23-29, that counties shall no longer refer families receiving child welfare services, to child support agencies, unless they meet the income exception.

POLICY

Child Support Determinations

Per AB 1686, effective January 1, 2023, when making the determination of whether it is in the best interest of a child to have a case referred to the child support agency, DCFS shall presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.  
 
In accordance with the new law, California Department of Social Services (CDSS) issued new policy regarding child support referral, per All County Letter ACL 23-29. Effective January 1, 2023, counties shall no longer refer families receiving Child Welfare Services, to child support agencies, unless the following exception is met:
  • If at the time of assessment, a parent’s annual income is greater than $100,000 or 400% of the federal poverty level, whichever is greater, and a referral to the child support agency will not pose a barrier to reunification, then a referral to child support should be made.
This new policy applies to the following cases, but not limited to:
  • Family Maintenance
  • Family Reunification (FR) servicesare being received
  • FR services have been terminated
  • Parent has refused reunification services 
  • Legal Guardianship (including Kin-GAP)
  • Placement with a nonrelative extended family member
  • Placement in another planned permanent living arrangement
  • In the case of an Indian child, whose case is under county jurisdiction, the CSW should consult with the Tribal representative to inform them of this new policy and collectively determine if a referral to child support collections is in the best interest of the child and will not be a barrier to reunification efforts.
Note that the Child Support – Good Cause Claim for Noncooperation (CW 51) form on CWS/CMS should still be completed for all foster care cases at the time of determining eligibility, noting that the referral will not be sent for child support collection unless the income exception is met.

When a determination has been made that the parent’s income exception is met and a referral to the child support agency will not pose a barrier to reunification, 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 them to the CSSD and their right to appeal that determination.

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

 

 

Nonminor Dependents

A nonminor dependent, who is over 19 years of age, 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.

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

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 their 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 should verify whether the compromise would be in the child's best interest.

All compromise forms will be emailed from CSSD to the regional office that provided service to the child and family. The completed and signed form(s) must be emailed back 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.
PROCEDURE

Completing the Initial Child Support Determination

Case-Carrying CSW Responsibilities

  1. Within thirty (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:
    1. Prior to creating the CW 51:
      1. Review the on-line case record to ensure that all identifying information (i.e., names, addresses, etc.) is recorded and current.
      2. If necessary, update the case record.
    2. Enter the date of the determination for each parent in the CW 51 Grid on the AFDC-FC page of the Client Notebook.
      1. Select the siblings that share the same parent.
      2. Enter whether or not a referral will or will not be made to CSSD.
    3. Generate a CW 51 for each parent of the child
      1. 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.
      2. If the parent does not meet the income exception:
        • Check the box indicating that it is not in the child’s best interest to refer the case to the child support agency.
        • Under the Good Cause Exists section, select H (other credible reasons for not cooperating) and under the explanation of good cause, type, “Collection of child suport payment is not in the best intrest of the child(ren).” Please refer to page 10 of the ACL for a completed CW 51 sample.
      3. If the parent meets the income exception, select the box indicating that it is not contrary to the child’s best interest to refer the case to child support.
      4. Print the document.
      5. Complete for each child's form
    4. Sign the CW 51. Enter your telephone number on the designated line in the "Claim Determination – County Use Only" box.
  1. Provide a brief explanation of the basis for the determination in the Case Notes of each child’s case.
  2. Forward to the SCSW for review.
  3. File a copy of the CW 51 in the Additional Services Documentation folder.

SCSW Responsibilities

  1. Review the CW 51.
  2. If not approved, return to CSW for corrective action.
  3. If approved, forward the CW 51 to the designated eligibility worker (EW).

DI Responsibilities

  1. Notify the court as to whether or not the family was referred to CSSD.
  2. If not referred, include the following statement in the report:
    • “A determination has been made, pursuant to Family Code Section 17552, that it 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 not been referred to the Child Support Services Department (CSSD)."
  3. 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.
  1. Within five (5) business days of receipt of the FC2, Statement of Facts Supporting Eligibility for AFDC Foster Care (FC):
    1. Complete a new CW 51.
  2. Forward the CW 51 to the SCSW for review.
  3. 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:

  1. If not previously reported at the jurisdictional/disposition hearing, notify the court as to whether or not the family was referred to CSSD.
  2. If not referred, include the following statement in the report:
    • "A determination has been made, pursuant to Family Code Section 17552, that it 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 not been referred to the Child Support Services Department (CSSD)."

SCSW Responsibilities

  1. Review the CW 51.
  2. If not approved, return to CSW for corrective action.
  3. 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.

  1. Within five (5) business days of becoming aware of a change in the child’s case status, create a new CW 51.
  2. Complete a CW 51.
    1. Use the date of the occurrence (e.g., the date the court ordered the termination of parental right) as the “Date of Determination.”
    2. 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.
  3. Forward to the SCSW for review.
  4. File a copy of the CW 51 in the Additional Services Documentation folder.

SCSW Responsibilities

  1. Review the CW 51.
  2. If not approved, return to CSW for corrective action.
  3. 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.
  1. Complete a new CW 51.
    • 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.
  2. Submit the new CW 51 to the Kin-GAP Unit as part of the Kin-GAP referral/re-assessment packet.
  3. Obtain the SCSW’s approval and signature.
  4. File a copy of the CW 51 in the Additional Services Documentation folder.

SCSW Responsibilities

  1. Review the CW 51.
  2. If not approved, return to CSW for corrective action.
  3. If approved, forward the CW 51 to the designated eligibility worker (EW).

Notifying a Parent of Grievance Procedures

Regional Administrator (RA) or Designee Responsibilities

  1. 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
  2. When a parent responds, determine if the request for a hearing was submitted within 5 business days of receipt of the notice.
    • Allow two (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.
  3. If the request for a grievance review hearing was submitted within the mandated timeframe, locate a Review Agent within two (2) business days to hear the grievance.
    1. Schedule the grievance review hearing to take place no later than ten (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.
    2. Attend or appoint a designee (ARA/CSA level) to attend the grievance review hearing.
    3. 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.
    4. Email 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.
    5. Within two (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.
      1. 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)
        • Email the summary to the selected Review Agent.
    6. Do not take the case file to the grievance review hearing.
  4. 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.
    1. File all documentation in a central file.
    2. Retain this record for at least one (1) year from the date of notifying the parent of the decision.

Review Agent Responsibilities

  1. Within two (2) business days of receiving a request for a grievance review hearing, review the request and the written summary submitted by the RA/designee.
  2. Conduct the grievance review hearing by reviewing and hearing all evidence introduced by the parties to the hearing.
  3. Forward a written decision to the Director or his/her designee. He/she will issue a final decision within two (2) calendar days after receiving the Review Agent’s decision.
  4. 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
  5. 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
  6. 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

  1. 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.
  2. 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:

  1. 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
  2. Document the telephone conversation in the Contact Notebook.

Responding to a Compromise Form from CSSD

Case-Carrying CSW Responsibilities

  1. Upon receipt of the Child Support Services Department's Compromise Form, complete the form as follows:
    1. If the compromise is in the best interest of the child, check the (“Is”) box and sign the form.
    2. 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.
  2. Maintain a copy of the form in the Additional Services Documentation folder.
  3. Document all actions taken in the Case Notes.

Regional Staff Responsibilities

  1. Email back the signed and completed Child Support Services Department's Compromise Form to CSSD within ten (10) business days from the date received by DCFS.
  2. Follow the controls established by your respective regional office.
APPROVALS

ARA, CSW, RA, or SCSW Approval

  • To sign the Child Support Services Department’s (CDSS) Compromise Form

SCSW Approval

  • CW 51, Child Support – Good Cause Claim for Non-cooperation
HELPFUL LINKS

Forms

Hard Copy

Child Support Services Department’s (CDSS) Compromise Form

CWS/CMS

CW 51, Child Support – Good Cause Claim for Non-cooperation

FC2, Statement of Facts Supporting Eligibility for AFDC Foster Care (FC)

LA Kids

DCFS 280, Technical Assistant Action Request

DCFS 4161-N, Grievance Review: Notice of Hearing

DCFS 4161-I, CDSS Regulations

DCFS 5124, Response Letter to Grievance Review Regarding Referral to the Los Angeles County Child Support Services Department

DCFS 5125, Notice of Action Letter – Notice of Referral to the Los Angeles County Child Support Services Department

REFERENCED POLICY GUIDES

0100-520.35, Kinship Guardian Assistance Payment (Kin-GAP) Program

STATUTES AND OTHER MANDATES

Assembly Bill 1686 – States the presumption that the payment of child support by the parent is likely to pose a barrier to reunification.

All County Letter 23-29 – States that counties shall no longer refer parents, whose children have been removed from the home and who are receiving Child Welfare Services, to child support agencies, unless they meet the income exception.

California Department of Social Services (CDSS) Manual of Policy and Procedures (MPP) Division 31 Section 31-503.11 – States, in part, that in making this determination, the social worker shall evaluate each case on an individual basis considering the best interests of the child and the circumstances of the family, which may include but are not necessarily limited to, 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.

CDSS MPP Division 31 Section 31-503.112 – States, in part, that if the child’s case plan goal is other than reunification, the social worker shall consider whether the payment of support by the parent will pose a barrier to a successful outcome of the case plan in that the payment of support will compromise the parent's ability in areas specified.

CDSS MPP Division 31 Section 31-503.21 – State that the social worker shall review this decision following each court hearing held under Welfare and Institutions Code Section 361.5.

County of Los Angeles v. Smith, 74 Cal. App 4th 500 – Held, in part, that the Americans with Disabilities Act prevents a county from seeking reimbursement for cost of out-of-home care services if the child's Individual Education Plan (IEP) recommends placement.

Family Code (FAM) Section 17552 – Sets forth regulations as to how the county child welfare department determines whether it is in the best interests of the child to have the case referred to the local child support agency.

FAM Section 17552(c) – States, in part, where the county child welfare department determines that it is not in the child’s best interest to have his or her case referred to the local child support agency that the county child welfare department shall review that determination periodically to coincide with the redetermination of AFDC-FC eligibility.

FAM Sections 17415, 17550,17552 – States, in part, that a parent may qualify for a compromise of child support if he/she meets certain criteria.

Welfare and Institutions Code (WIC) Section 361.5 – Details, in part, the criteria for reunification and non-reunification court hearings. Also states, in part, that whenever a child is removed from a parent’s or guardian’s custody, the juvenile court shall order the social worker to provide child welfare services to the child and the child’s mother and statutorily presumed father or guardians.

WIC Section 366.21(e) – Details, in part, the review hearing held six months after the initial dispositional hearing. The court shall order the return of the child to the physical custody of his or her parent /legal guardian unless the court finds by a preponderance of the evidence that return of the child would be detrimental to the child’s physical and emotional health and safety.

WIC Section 1147 – Requires, in part, that applicants and recipients of the CalWORKs program must, as a condition of eligibility, cooperate with CSSD in the collection of Child Support. The Department of Public Social Services (DPSS) determines if good cause exists for failure to cooperate. Also defines a “good cause determination.”