(a) Open a case by establishing a case record within 20 days of receipt of either:
(1) A referral of a CalWORKs, Foster Care or Medically Needy Only recipient from the county welfare department.
(2) The application for services form, CSS 2101, if the minimum data elements necessary to open a case are provided. The minimum data elements shall include the name of an applicant and child(ren) and the signature of the applicant on the application.
(b) Reopen a closed case upon receipt of an application for services or a referral from the county welfare department within the time frame specified in subsection (a), regardless of previous unsuccessful locate attempts.
(c) Assess the case to determine necessary action(s) by considering:
(1) The case type.
(2) Whether the case already exists.
(3) Whether paternity is at issue.
(4) Whether the custodial or noncustodial parent's physical location is known.
(5) Whether a child, medical or spousal support order already exists for the children or spouse for whom services are being requested.
(d) Ensure the case record established pursuant to subsection (a) contains both of the following:
(1) All information and documents pertaining to the case including the information contained on the forms specified in Section 112110.
(2) All facts and dates relevant to the case, including a record of:
(A) All actions taken, the reason and results of each action, and the name of the person taking the action.
(B) Each contact made, the date(s) of contact, and the names of all persons contacted.
(e) Solicit any additional information and initiate verification of information obtained, as necessary, to provide locate, establishment or enforcement services.
(f) Open one case naming the most likely alleged father when paternity is at issue and if that alleged father is excluded, change the case record to reflect the next most likely alleged father. The local child support agency shall repeat this action for each alleged father until the father has been identified or all alleged fathers have been excluded.
(g) Provide written notification to a CalWORKs and Medically Needy Only recipient, unless the recipient is a nonparent caretaker or other relative of the child(ren), of the requirement to cooperate in all required activities necessary to establish paternity and/or establish, modify, or enforce a support order, as specified in Section 112200, as a condition of continued eligibility for CalWORKs or Medi-Cal unless:
(1) Only the children are receiving CalWORKs or Medi-Cal benefits, or
(2) A good cause claim is pending or has been approved by the county welfare department, as specified in Sections 14008.6, or 11477.04, Welfare and Institutions Code, as applicable.
(h) Mail written notification to the noncustodial parent, if his/her address is known, informing the noncustodial parent of the case opening. This notification shall include all of the following:
(1) Any available identifying numbers such as, a court case number or a local child support agency case number.
(2) Information regarding child support services including the noncustodial parent's rights and responsibilities.
(3) An income package containing a cover letter requesting financial information and either a “Financial Statement (Simplified),” as required by the Rules of Court 1285.52, or a Income and Expense Declaration, as required by the Rules of Court 1285.50.
Credits
Note: Authority cited: Sections 17306, 17310 and 17312, Family Code. Reference: 45 Code of Federal Regulations, Sections 302.33 and 303.2.
History
1. New article 3 (section 112130) and section filed 9-10-2001 as an emergency pursuant to Family Code section 17306; operative 9-10-2001 (Register 2001, No. 37). A Certificate of Compliance must be transmitted to OAL by 3-11-2002 or emergency language will be repealed by operation of law on the following day.
2. New article 3 (section 112130) and section refiled 2-14-2002 as an emergency pursuant to Family Code section 17306(e); operative 2-14-2002 (Register 2002, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-20-2002 or emergency language will be repealed by operation of law on the following day.
3. Editorial correction of History 2 (Register 2002, No. 33).
4. Certificate of Compliance as to 2-14-2002 order, including amendment of subsections (a)(2), (g) and (g)(2), transmitted to OAL 7-3-2002 and filed 8-15-2002 (Register 2002, No. 33).
This database is current through 5/10/24 Register 2024, No. 19.
