reglab/statecodes huggingface dataset:
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 7 - Intergovernmental Cases › Article 5 - California as Responding State › Section 117502

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 17306, 17310 and 17312, Family
						Code. Reference: Section 5001, Family Code; and 45 Code of Federal Regulations,
						Section 303.7.
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						5001, Family Code;
						and 45 Code of Federal Regulations, Section
						303.7.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 7 - Intergovernmental Cases › Article 5 - California as Responding State › Section 117503 - Registration of Orders

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A local
				  child support agency shall request an initiating state or foreign country to provide
				  certified copies of all orders to be registered when the initiating state or foreign
				  country requests registration of an order for enforcement and/or
				  modification.
(b) Where California is
				  acting as the responding jurisdiction to a state as defined by UIFSA, a local child
				  support agency is not required to register an order if it can be enforced in this
				  state through administrative remedies without registration. An order issued outside
				  the United States must be registered in this state prior to enforcement by a local
				  child support agency.
(c) Where an order
				  is issued in a country that does not qualify as a foreign country pursuant to Family
				  Code section
				  5700.102(5),
				  a local child support agency may seek recognition and enforcement of the order in
				  this state based on comity.
Note: Authority cited: Sections 17306, 17310 and 17312, Family
						Code. Reference: Sections 5700.102, 5700.104, 5700.507, 5700.601, 5700.602,
						5700.603, 5700.604 and 5700.605, Family Code.
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						4946 and
						4950-
						4954, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 7 - Intergovernmental Cases › Article 5 - California as Responding State › Section 117504

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 17306, 17310 and 17312, Family
						Code. Reference: Sections 4909, 4910, 4960, 4962 and 4963, Family Code.
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						4909,
						4910,
						4960,
						4962 and
						4963, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 7 - Intergovernmental Cases › Article 6 - Limited Intergovernmental Services › Section 117600 - Limited Intergovernmental Services

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A local child support agency that receives a request for limited
					 intergovernmental services shall not open a Title IV-D case but shall provide only
					 the limited services requested on Federal Form OMB NO.: 0970-0085. Limited
					 intergovernmental services include, but are not limited to, the following:
(a) Providing copies of documentation such as
				  certified copies of orders, payment records, financial statements, or any other
				  documentation described under "other" on Federal Form OMB NO: 0970-0085.
(b) Providing assistance with service of process
				  by providing information about agencies or process servers in the state.
(c) Providing assistance with genetic testing by
				  providing information such as names of genetic testing laboratories and protocols to
				  be followed.
(d) Obtaining answers for
				  completing interrogatories.
(e)
				  Providing assistance with long-distance testimony by telephone and, when available,
				  video conferencing.
(f) Obtaining
				  financial data/proof of respondent's income.
(g) Obtaining party's signature.
Note: Authority cited: Sections 17306, 17310 and 17312, Family
						Code. Reference: Sections 5700.316, 5700.317 and 5700.318, Family Code.
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						4930-
						4932, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 7 - Intergovernmental Cases › Article 7 - Convention Proceedings › Section 117700 - General Requirements for Convention Support Proceedings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Convention records sent electronically, including but not
					 limited to a request for establishment or recognition of a Convention support order,
					 sent to California electronically shall be treated as original records, and may be
					 filed in a tribunal of this State without further requirement for original
					 signature.
Note: Authority cited: Sections 17306, 17310 and 17312, Family
						Code. Reference: Sections 5700.102, 5700.316, 5700.701, 5700.702, 5700.703,
						5700.704, 5700.705, 5700.706, 5700.707, 5700.708, 5700.709, 5700.710, 5700.711,
						5700.712 and 5700.713, Family Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 8 - Case Closure › Article 1 - Definitions › Section 118020 - Case Closure. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New chapter 8
					 (articles 1-2, sections
					 118020-118203), article 1 (section
					 118020) and section filed 3-25-2002 as
					 an emergency; operative 3-25-2002 (Register 2002, No. 13). A Certificate of
					 Compliance must be transmitted to OAL by 9-23-2002 or emergency language will be
					 repealed by operation of law on the following day.
2. New chapter 8
					 (articles 1-2, sections
					 118020-118203), article 1 (section
					 118020) and section refiled 8-22-2002
					 as an emergency; operative 8-22-2002 (Register 2002, No. 34). Pursuant to Family
					 Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 2-18-2003 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 8-22-2002 order transmitted to OAL 2-13-2003 and
					 filed 3-24-2003 (Register 2003, No. 13).
4. Change without regulatory
					 effect renumbering former section
					 118020 to new section
					 110120 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17531, Family Code;
						and 45 Code of Federal Regulations, Section
						303.11.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 8 - Case Closure › Article 2 - Case Closure › Section 118203 - Requirements for Case Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each local
				  child support agency shall establish and use a system for closing Title IV-D cases
				  and shall close any case when it meets at least one of the following case closure
				  criteria:
(1) There is no longer a current support
				  order and no arrearage payments were made in the preceding twelve consecutive
				  months, and assigned and unassigned arrears total less than $500 or arrears are
				  unenforceable under state law. Situations to which this criterion apply include, but
				  are not limited to, the following:
(A)
				  Reconciliation of the family.
(B) The
				  death of a child for whom support is owed.
(C) Paternity is established and is the only Title
				  IV-D service needed because both parents in a Title IV-A grant are living
				  together.
(D) A child for whom support
				  is sought dies before paternity can be established.
(E) Cases with medical support orders with
				  specific dollar amounts and arrears which accrue under such orders.
(F) Emancipation of the youngest child.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 1 - Definitions › Section 119003 - Assets. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article 1
					 (sections 119003-119076) and new section filed
					 4-2-2004; operative 4-2-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 14).
2. Change without regulatory effect renumbering
					 former section 119003 to new section
					 110068 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						4053,
						4058,
						4059 and
						17550, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 1 - Definitions › Section 119015 - Compromise of Assigned Arrearages - Family Reunification. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article 1
					 (sections 119015-119076) and section filed
					 11-25-2002 as an emergency; operative 11-25-2002 (Register 2002, No. 48). Pursuant
					 to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Editorial correction of HISTORY 1 (Register 2003, No. 20).
3. New article
					 1 (sections 119015-119076) and section refiled
					 5-12-2003 as an emergency; operative 5-24-2003 (Register 2003, No. 20). Pursuant to
					 Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 11-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
4.
					 Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 14).
5. New section filed 4-2-2004; operative
					 4-2-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 14).
6. Change without regulatory effect renumbering
					 former section 119015 to new section
					 110184 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17550, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 1 - Definitions › Section 119019 - County Welfare Worker. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 11-25-2002 as an emergency; operative 11-25-2002 (Register 2002, No. 48).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Editorial correction of HISTORY 1 (Register 2003, No. 20).
3. New section
					 refiled 5-12-2003 as an emergency; operative 5-24-2003 (Register 2003, No. 20).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 11-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
4.
					 Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 14).
5. New section filed 4-2-2004; operative
					 4-2-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 14).
6. Change without regulatory effect renumbering
					 former section 119019 to new section
					 110208 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17550, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 1 - Definitions › Section 119045 - Guardian. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 11-25-2002 as an emergency; operative 11-25-2002 (Register 2002, No. 48).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Editorial correction of HISTORY 1 (Register 2003, No. 20).
3. New section
					 refiled 5-12-2003 as an emergency; operative 5-24-2003 (Register 2003, No. 20).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 11-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
4.
					 Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 14).
5. New section filed 4-2-2004; operative
					 4-2-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 14).
6. Change without regulatory effect renumbering
					 former section 119045 to new section
					 110402 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17550, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 1 - Definitions › Section 119069 - Placement. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 11-25-2002 as an emergency; operative 11-25-2002 (Register 2002, No. 48).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Editorial correction of HISTORY 1 (Register 2003, No. 20).
3. New section
					 refiled 5-12-2003 as an emergency; operative 5-24-2003 (Register 2003, No. 20).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 11-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
4.
					 Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 14).
5. New section filed 4-2-2004; operative
					 4-2-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 14).
6. Change without regulatory effect renumbering
					 former section 119069 to section
					 110658 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						361(e)
						and
						11400(k),
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 1 - Definitions › Section 119076 - Relative Caregiver. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 11-25-2002 as an emergency; operative 11-25-2002 (Register 2002, No. 48).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 5-27-2003 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Editorial correction of HISTORY 1 (Register 2003, No. 20).
3. New section
					 refiled 5-12-2003 as an emergency; operative 5-24-2003 (Register 2003, No. 20).
					 Pursuant to Family Code section
					 17306(e),
					 a Certificate of Compliance must be transmitted to OAL by 11-20-2003 or emergency
					 language will be repealed by operation of law on the following day.
4.
					 Repealed by operation of Government Code section
					 11346.1(g)
					 (Register 2004, No. 14).
5. New section filed 4-2-2004; operative
					 4-2-2004 pursuant to Government Code section
					 11343.4
					 (Register 2004, No. 14).
6. Change without regulatory effect renumbering
					 former section 119076 to new section
					 110718 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17550, Family Code;
						and Section
						11362(c),
						Welfare and Institutions Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 5 - General Requirements › Section 119184 - Monthly Statement of Collections and Distribution and Important Information Sheet

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each local child
				  support agency shall issue a "Monthly Statement of Collections and Distribution", CS
				  916, dated (03/02), and "Notice of Important Information", CS 917, dated (03/02),
				  each incorporated by reference herein, to each custodial party who is a recipient of
				  child support services. The statement shall include, but not be limited to, the
				  information required by Title IV-D of the Social Security Act, federal regulation,
				  and the First Amended Permanent Injunction and Judgment, filed with the United
				  States District Court, Eastern District of California, in the case of Barnes v.
				  Anderson, Case No. CIV-S-90-0579.
(b)
				  The statement specified in (a), above, shall be sent to all custodial parties within
				  45 days from the end of the statement period when there is either a collection or
				  distribution of support during the period covered by the statement.
1. New chapter 9,
					 article 4 (section
					 119184) and section filed 5-29-2002 as
					 an emergency; operative 7-1-2002 (Register 2002, No. 22). Pursuant to Family Code
					 section
					 17306, a
					 Certificate of Compliance must be transmitted to OAL by 12-30-2002 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 Certificate of Compliance as to 5-29-2002 order, including renumbering and amendment
					 of former article 4 heading to new article 5 heading and amendment of NOTE,
					 transmitted to OAL 10-17-2002 and filed 12-3-2002 (Register 2002, No.
					 49).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17306,
						17401.5,
						17504,
						17800 and
						17801, Family Code;
						42 United States Code, Section
						654;
						45 Code of Federal Regulations, Section
						302.54; and Barnes v. Anderson et al.,
						First Amended Permanent Injunction and Judgment, No. CIV-S-90-0579, filed December
						14, 1998 (United States District Court for the Eastern District of
						California).
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 6 - Compromise of Assigned Arrearages - Family Reunification › Section 119191 - Compromise of Assigned Arrearages - Family Reunification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The local child support agency shall provide a
				  Compromise Application Packet to a person on the day it is requested in person, or
				  mail the Compromise Application Packet within 5 business days of receipt of a
				  telephone or written request, or whenever the local child support agency becomes
				  aware that an obligor has been reunited with his/her child(ren). The Compromise
				  Application Packet shall consist of:
(1)
				  Application for Compromise -- Family Reunification, form DCSS 0027, dated (09/03),
				  incorporated by reference herein,
(2)
				  Relevant court form(s) providing information on the applicant's income, expenses,
				  and assets, and
(3) Application for
				  Compromise -- Family Reunification Information Sheet, form DCSS 0026, dated (09/03),
				  incorporated by reference herein.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 10 - Recovery of Overpayments [Repealed] › Section 119900 - Recovery of Overpayments to Payees. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New article 10
					 (section 119900) and section filed 8-2-2010 as
					 an emergency; operative 8-2-2010 (Register 2010, No. 32). A Certificate of
					 Compliance must be transmitted to OAL by 1-31-2011 or emergency language will be
					 repealed by operation of law on the following day.
2. Repealer of article
					 10 (section 119900) and section by operation of
					 Government Code section
					 11346.1(g)
					 (Register 2015, No. 3).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17309,
						17310(a),
						17311(b)(1)
						and
						17312(a),
						Family Code; Sections
						16580,
						16581 and
						16583(a),
						Government Code; 42 United States
						Code, Sections 654(27) and
						654b; and Wightman et. al. v. FTB
						(1988) 202 Cal. App. 3d 966, at 979.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 9 - Collection and Distribution of Child Support › Article 11 - Refund of Over-Collections › Section 119905 - Refund of Over-Collections to Noncustodial Parent

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If a collection occurs that exceeds the past
				  due balance amount, with the exceptions of voluntary payments made by or on behalf
				  of the noncustodial parent and voluntary military allotment payments, and state and
				  federal support distribution requirements are satisfied, then the local child
				  support agency (LCSA) shall refund the over-collection to the noncustodial parent.
(1) The refund shall be issued within two business
				  days following a 15 business-day determination period from the date of
				  distribution.
(2) When an
				  over-collection is refunded to the noncustodial parent and is returned by the post
				  office as undeliverable, the LCSA shall:
(A)
				  Attempt to find a current address in accordance with
				  22 CCR §
													113100.
(B) Deposit and retain the undeliverable
				  over-collection in the Child Support Payment Trust Fund until one of the following
				  occurs:
1. The location of the noncustodial parent
				  becomes known to the LCSA and the amount of the over-collection is refunded to the
				  noncustodial parent; or
2. The
				  undeliverable over-collection has remained in the Child Support Payment Trust Fund
				  for three years.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 1 - Definitions › Section 120001 - Administrative Law Judge. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New chapter 10
					 (articles 1-3, sections
					 120001-120222), article 1 (sections
					 120001-120005) and section filed
					 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26). Pursuant to
					 Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New chapter 10 (articles 1-3, sections
					 120001-120222), article 1 (sections
					 120001-120005) and section refiled
					 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001, No. 51). Pursuant
					 to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
					 filed 7-24-2002 (Register 2002, No. 30).
4. Change without regulatory
					 effect renumbering former section
					 120001 to new section
					 110028 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17801, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 1 - Definitions › Section 120002 - Authorized Representative. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
					 filed 7-24-2002 (Register 2002, No. 30).
4. Change without regulatory
					 effect renumbering former section
					 120002 to new section
					 110092 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17801, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 1 - Definitions › Section 120003 - Complaint Receipt Date. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order, including amendment of first
					 paragraph and subsection (a)(1), transmitted to OAL 6-11-2002 and filed 7-24-2002
					 (Register 2002, No. 30).
4. Change without regulatory effect renumbering
					 former section 120003 to new section
					 110164 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17800 and
						17802, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 1 - Definitions › Section 120004 - Proposed Decision. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
					 filed 7-24-2002 (Register 2002, No. 30).
4. Change without regulatory
					 effect renumbering former section
					 120004 to new section
					 110678 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17801, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 1 - Definitions › Section 120005 - State Hearing Office. [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order transmitted to OAL 6-11-2002 and
					 filed 7-24-2002 (Register 2002, No. 30).
4. Change without regulatory
					 effect renumbering former section
					 120005 to new section
					 110782 filed 3-24-2006 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2006, No. 12).
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17801,
						17802,
						17803 and
						17804, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 2 - Local Complaint Resolution Process › Section 120100 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  local child support agency shall:
(1) Adopt and
				  maintain the complaint resolution process specified in this Article.
(2) Not discourage a complainant from filing a
				  complaint or requesting a state hearing.
(3) Not refuse to assist a complainant in
				  requesting a state hearing.
(4) Track
				  and report complaints in the Department's complaint resolution tracking
				  system.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 2 - Local Complaint Resolution Process › Section 120101 - Right to Complaint Resolution

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  complainant shall have the right to make a request for complaint resolution subject
				  to the requirements of this Article. The subject of a complaint may pertain to any
				  local child support agency or Department child support action or inaction, except
				  the following:
(1) Complaints arising from a child
				  support matter which must, by law, be addressed by motion, order to show cause, or
				  appeal, in a court of law, unless an administrative review is provided for by
				  statute.
(2) A review of any of the
				  following:
(A) A court order for child support or
				  child support arrears.
(B) A court order
				  or equivalent determination of paternity.
(C) A court order for spousal
				  support.
(3) Child custody
				  determinations.
(4) Child visitation
				  determinations.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 2 - Local Complaint Resolution Process › Section 120102 - Written Complaint Acknowledgement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Within five business days after the complaint receipt date, a
					 local child support agency shall mail a "Request for Complaint Resolution
					 Acknowledgement," LCR002, dated (10/01), incorporated by reference herein, and a
					 "Request for State Hearing," SH001, dated (06/09), incorporated by reference herein
					 to the complainant. The written complaint acknowledgement shall include an
					 explanation of both of the following:
(a)
				  The complaint resolution process and time frames specified in this
				  Article.
(b) The state hearing process
				  and time frames specified in Article 3.
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order, including amendment of section,
					 transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No.
					 30).
4. Amendment of first paragraph filed 11-30-2021; operative 6-1-2022
					 (Register 2021, No. 49). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Section
						17800, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 2 - Local Complaint Resolution Process › Section 120103 - Complaint Investigation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Each
				  local child support agency shall assign a complaint investigator to investigate the
				  complaint. A complaint investigator shall not be the individual whose action or
				  inaction is the subject of a complaint.
(b) The complaint investigator shall within five
				  business days of the complaint receipt date, determine the jurisdictional authority
				  of the local child support agency to resolve the complaint. The local child support
				  agency that acted or failed to act shall have jurisdictional authority.
(1) If the subject of the complaint is outside the
				  jurisdiction of the child support program or is one of the issues enumerated in
				  Section 120101(a), the local
				  child support agency shall notify the complainant by mailing the notice required by
				  Section 120105 immediately, but in no event
				  more than 30 days after the complaint receipt date. To the extent possible, the
				  local child support agency shall refer the complainant to the appropriate agency for
				  complaint resolution.
(2) If the proper
				  jurisdiction for the complaint is a local child support agency in another county,
				  the local child support agency shall transfer the complaint pursuant to Section
				  120104, and notify the complainant by
				  mailing the notice required by Section
				  120104 within five business days of
				  transferring the complaint.
(3) If the
				  subject of the complaint is within the jurisdiction of the child support program and
				  the local child support agency, but the local child support agency believes the
				  complaint is not eligible for complaint resolution because it was filed untimely
				  pursuant to Section
				  120101(b), the local
				  child support agency shall notify the complainant by mailing the notice required by
				  Section 120105 within 30 days of the complaint
				  receipt date. This subparagraph shall not be interpreted to prohibit the local child
				  support agency from trying to assist the complainant to resolve the complaint or
				  other outstanding issues that are not subject to the local complaint resolution
				  process.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 2 - Local Complaint Resolution Process › Section 120104 - Complaint Transfer

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Upon the
				  local child support agency's determination that proper jurisdiction for the
				  complaint is a local child support agency in another county, the local child support
				  agency that received the complaint shall do both of the following:
(1) Complete a "Complaint Transfer," LCR004, dated
				  (10/01), incorporated by reference herein, and email or fax the "Complaint
				  Transfer," LCR004, and all other relevant complaint documents, forms, or other
				  written or oral information received from the complainant, to the appropriate local
				  child support agency within five (5) business days after the complaint receipt
				  date.
(2) Notify the complainant of the
				  complaint transfer by mailing the complainant a copy of the completed LCR004 within
				  five (5) business days after transferring the complaint to another
				  county.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 2 - Local Complaint Resolution Process › Section 120105 - Notice of Complaint Resolution/Complaint Extension

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The local child support agency shall mail a
				  "Notice of Complaint Resolution," LCR006, dated (10/01), incorporated by reference
				  herein, and a "Request for State Hearing," SH001, dated (06/09), to the complainant
				  no later than 30 days after the complaint receipt date. The LCR006, shall be signed
				  by the director of the local child support agency, or their designee, and shall
				  include a brief description or explanation of all of the following:
(1) The complaint and the complaint receipt
				  date.
(2) The local child support
				  agency's decision regarding the complaint, including the reason the local child
				  support agency believes the complaint is not eligible for complaint resolution, if
				  applicable, or the reason complaint resolution cannot be completed by the local
				  child support agency. Citations to applicable laws, regulations, or Department
				  policy letters shall be referenced in the explanation.
(3) The actions taken or that will be taken by the
				  local child support agency to resolve the complaint.
(4) The complainant's right to file a request for
				  a state hearing, the process and time frames for filing a request for state hearing,
				  and the issues within the jurisdiction of a state hearing, if the complainant is
				  dissatisfied with the resolution of the complaint by the local child support
				  agency.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 2 - Local Complaint Resolution Process › Section 120106 - Complaint Resolution Process Closure

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  local child support agency shall close the complaint after completing the following
				  actions:
(1) Acknowledge the complaint pursuant to
				  Section 120102.
(2) Investigate the complaint as specified in
				  Section 120103.
(3) Issue a notice of complaint resolution
				  pursuant to Section
				  120105.
(4) Complete the required action to resolve the
				  complaint pursuant to Section
				  120105.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 2 - Local Complaint Resolution Process › Section 120107 - Maintenance of Complaint Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Each local child support agency shall compile and maintain the
					 following information for each complaint received:
(a) The name, address and telephone number of the
				  complainant and that of the authorized representative, if any, and identification of
				  the complainant as custodial party or noncustodial parent.
(b) The local child support agency case
				  number.
(c) The date the complaint was
				  received, the nature of the complaint, and the date of resolution.
(d) The action required to resolve the complaint,
				  including both of the following:
(1) The unit,
				  local child support agency employee, or other agency or third party, responsible to
				  complete resolution action(s).
(2) The
				  date the resolution action(s) were completed.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 2 - Local Complaint Resolution Process › Section 120108 - Complaint Information Reporting. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New section
					 filed 6-26-2001 as an emergency; operative 7-1-2001 (Register 2001, No. 26).
					 Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 12-28-2001 or emergency
					 language will be repealed by operation of law on the following day.
2.
					 New section refiled 12-18-2001 as an emergency; operative 12-30-2001 (Register 2001,
					 No. 51). Pursuant to Family Code section
					 17306(e)(2),
					 a Certificate of Compliance must be transmitted to OAL by 6-28-2002 or emergency
					 language will be repealed by operation of law on the following day.
3.
					 Certificate of Compliance as to 12-18-2001 order, including amendment of section,
					 transmitted to OAL 6-11-2002 and filed 7-24-2002 (Register 2002, No.
					 30).
4. Repealer filed 11-30-2021; operative 6-1-2022 (Register 2021, No.
					 49). Filing deadline specified in Government Code section
					 11349.3(a)
					 extended 60 calendar days pursuant to Executive Order
					 N-40-20.
Note: Authority cited: Sections
						17306,
						17310 and
						17312, Family Code.
						Reference: Sections
						17800 and
						17802, Family
						Code.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120200 - General Provisions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Department shall be responsible for the administration of the state hearing
				  process.
(b) The local child support
				  agency shall not discourage a complainant from requesting a state hearing, or refuse
				  to assist a complainant with a request for a state hearing.
(c) This Article shall:
(1) Be interpreted in a manner that complies with
				  Chapter 1, Program Administration, Article 5, Records Management
				  regulations.
(2) Be interpreted in a
				  manner that protects the complainant's right to a state hearing.
(3) Apply to child support issues subject to a
				  state hearing specified in Section
				  120201.
(4) Not be interpreted in a manner that alters
				  other statutory or regulatory time frames or requirements for taking other child
				  support actions.
California Code of Regulations › Title 22 - Social Security › Division 13 - Department of Child Support Services › Chapter 10 - Complaint Resolution › Article 3 - State Hearing › Section 120201 - Right to a State Hearing

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  complainant who is dissatisfied with the resolution of a complaint made with a local
				  child support agency, pursuant to Article 2, shall have the right to request a state
				  hearing pursuant to the requirements of this Article. The subject of the request for
				  a state hearing shall be limited to any one or more of the following actions or
				  inactions by a local child support agency or the Department:
(1) An application for child support services has
				  been denied or has not been acted upon within the required time frame.
(2) The child support services case has been acted
				  upon in violation of federal or state law, regulation, or Department policy letter,
				  or has not been acted upon within the required time frame, including services for
				  the establishment, modification, and enforcement of child support orders and child
				  support accountings.
(3) Child support
				  collections have not been distributed or have been distributed or disbursed
				  incorrectly, or the amount of child support arrears, as calculated by the local
				  child support agency, is inaccurate.
(A) State
				  hearing jurisdiction shall not extend to arrears issues if there is no dispute as to
				  the accounting of the amount owed, but the complainant is seeking relief from
				  enforcement of the order or judgment, or if the complainant is seeking credit for
				  payments that were made to someone other than the Department's State Disbursement
				  Unit or the local child support agency.
(B) The complainant shall not be entitled to
				  request a state hearing and a court review at the same time. If the complainant or
				  the other party files for a court determination of arrears either before or after a
				  state hearing is requested, the local child support agency shall notify the State
				  Hearing Office, and any state hearing that has been requested on the same issues
				  shall be dismissed.
(C) The local child
				  support agency shall not be required to give notice to the non-complaining party of
				  a state hearing request that concerns the calculation of the arrears. However, in
				  order to protect the property rights of the parties, the local child support agency
				  shall send the non-complaining party a copy of any hearing decision, in which the
				  calculation of arrears is at issue, and provide notice of the right to have the
				  arrears issue heard in court. The local child support agency shall redact all
				  confidential information, including the complaining party's address, prior to
				  sending the hearing decision to the non-complaining party.
(4) The local child support agency's decision to
				  close a child support case.