California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120204 - Local Child Support Agency Responsibilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local child support agency shall:
(1) Attempt to resolve a complaint to the
				  satisfaction of the complainant during the local complaint resolution process and
				  prior to the state hearing.
(2) Provide
				  the complainant with Department-approved informational materials regarding the state
				  hearing process.
(3) Assist the
				  complainant in requesting a state hearing.
(4) Provide the complainant with relevant
				  information pertaining to the subject of the complaint to help the complainant
				  prepare for the state hearing.
(5)
				  Notify the State Hearing Office of the complainant's need for an interpreter and/or
				  reasonable disability accommodation at the state hearing, if known.
(6) Report to the State Hearing Office, any
				  changes in the complainant's address or other circumstances that might affect the
				  conduct of the state hearing, if known.
(7) Prepare a typewritten position statement that
				  includes all of the following:
(A) A short
				  statement of the facts of the case.
(B)
				  Statutory and regulatory citations, or Department policy, applicable to the local
				  child support agency's and/or the Department's action or inaction.
(C) All relevant information in the local child
				  support agency's possession regarding the subject of the complaint.
(D) Copies of documentary evidence itemized as
				  exhibits, including copies of any forms prepared or submitted as part of the
				  complaint resolution process, and a list of witnesses the local child support agency
				  intends to use during the hearing.
(E) A
				  complete fiscal accounting of the case, if the complaint pertains to child support
				  collections that have not been distributed or have been distributed or disbursed
				  incorrectly, or the amount of child support arrears calculated by the local child
				  support agency.
(8) Mail the
				  position statement specified in subsection (7) above, and pertinent documents to the
				  complainant and the State Hearing Office at least five business days prior to the
				  scheduled hearing.
(9) Assign a local
				  child support agency representative to each child support case for which a state
				  hearing has been scheduled, who shall provide a copy of the position statement at
				  the state hearing, and have the full responsibility to present the case at the state
				  hearing in accordance with the requirements of this Article. The representative
				  shall not be the individual whose action or inaction is the subject of the
				  complaint, or the Ombudsperson.
(10)
				  Provide the State Hearing Office with the name of the local child support agency
				  representative, specified in (9) above.
(11) Review any state hearing request to make a
				  preliminary determination of whether the non-complaining party needs to be notified
				  of the state hearing to protect his or her rights or interests.
(A) If the local child support agency believes the
				  non-complaining party should receive notice and be given the opportunity to appear
				  at the hearing, the local child support agency shall notify the State Hearing Office
				  of its determination and request a subpoena be issued pursuant to Section
				  120208.
(B) The local child support agency shall notify
				  the State Hearing Office in advance of any case in which the local child support
				  agency knows that the non-complaining party may appear at the hearing.
(C) If the local child support agency is aware of
				  a history of domestic violence or a potential for violent behavior, the local child
				  support agency shall notify the State Hearing Office of that history.
(D) Whenever possible, the State Hearing Office
				  shall arrange to have one of the parties appear by
				  telephone.