January 7, 2008††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††

 

 

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†††††††††††††††††††††††††††††††† CalWORKs PROGRAM GUIDE††††††††††

†††††††††††††††††††† ††††††††††††††††††††††††††††††††††SPECIAL NOTICE†††††††† ††††††††††††††††††††††† ††††††††

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Subject

CalWORKs REFERRAL TO THE LOCAL CHILD SUPPORT AGENCY (LCSA) WHEN THE ABSENT PARENT (AP) IS DECEASED

 

Reference

All County Information Notice (ACIN) I-63-07

 

Effective Date

Upon receipt

 

Purpose

The purpose of this CalWORKs Special Notice is to provide staff with clarifications regarding the referral of CalWORKs cases to the LCSA, when the applicant/recipient has claimed that the absent parent of an applicant/recipient child is deceased

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Background

All assistance units (AUs) are subject to the provisions of the Child Support Enforcement (CSE) Program except those in which one or both natural or adoptive parents are deceased. When the only deprivation for a child is verified to be based on a deceased parent, no referral is made to the LCSA.

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Child Support Referrals

If one or both of the childís parents is deceased, the AU would not be subject to child support enforcement activities as there is no absent parent from which child support may be collected.

 

However, regardless of the basis of deprivation upon which a child is determined to be eligible for CalWORKs, the requirements for securing absent parent support remain unchanged when an aided child also has an absent parent. Therefore, in each instance in which a child has a basis of deprivation of absence, a referral to the LCSA is appropriate.

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Examples

Example 1:

 

If Mom and Child are the AU and Dad is verified deceased, the AU would not be referred to the LCSA as there is no absent parent that can participate in child support enforcement activities.

 

Example 2:

 

In a case where one parent is deceased and the second parent is absent from the home, a Child could be aided based on deceased or absent parent deprivation. A child support referral would be appropriate based on the absence of the second parent.

 

Example 3:

 

In a case where one parent is deceased and the second parent is

Incapacitated, the child could be aided based on either deprivation. A referral to the LCSA would be inappropriate as there is no absent parent required to participate in child support enforcement activities.

 

 

 

 

 

 

 

 

 

 

 

Establishing Deprivation on Basis of Death

When establishing a basis of deprivation based on the claim of a deceased parent, the case file must contain acceptable verification of the death of the parent, which includes one of the following:

 

  A copy of the death certificate.

  An award letter from the Social Security Administration based on the death of the parent.

  A newspaper account of the parent's death.

  Other reliable documentation.

  The applicant/recipientís sworn statement under penalty of perjury when no other evidence can be obtained.

 

When it is necessary to assist the applicant/recipient in obtaining evidence, (if the needed evidence of eligibility may already be in the possession of the Agency), the HSS must first retrieve and examine those existing eligibility case files which are in the possession of the

County or its agents.

 

When the applicant/recipient or the HSS are unable to obtain credible evidence sufficient to establish that the absent parent is deceased, a referral to the LCSA based on absent parent deprivation would be appropriate.

 

Food Stamp Impact

None

Child Care Impact

None ††

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Automation Impact

None

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Quality AssuranceImpact

Quality Assurance (QA) will cite the appropriate error when the regulations cited in the material have not been followed.

 

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Assistant Deputy Director

Original signed 1/7/08

 

JAYE YOSHONIS, ASSISTANT DEPUTY DIRECTOR

CalWORKs Program

Strategic Planning & Operational Support