SECTIONS 18241-18247 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 18241-18247

18241. It is the intent of the Legislature, in implementing federal
welfare reform, to create a Child Support Assurance Demonstration
Project that is consistent with the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (P.L. 104-193) and that
maximizes cost effectiveness while lifting children out of poverty.
It is the intent of the Legislature that the program will secure
financial stability for California's children through a guaranteed
minimum level of financial support for the children of participating
families, while at the same time encouraging custodial parents to be
employed and noncustodial parents to financially support their
children.

18242. (a) Upon application by a county board of supervisors, the
department may approve up to three demonstration projects to test
models of child support assurance. The projects shall either test
different models of child support assurance or may test the same
model if counties in which the same model is tested involve counties
with different demographics.
(b) The department may approve joint projects by two or more
counties if both of the following apply:
(1) The equity of access to the project and its related services
is ensured to all participants.
(2) The project includes appropriate operational and fiscal
arrangements between the counties submitting the joint project.
(c) If the department approves a joint project by two or more
counties, that joint project shall constitute one of the projects
authorized by subdivision (a).
(d) It is the intent of the Legislature that the purpose of the
demonstration projects authorized by this article is to test child
support assurance models as alternatives to welfare under which
families with earnings and a child support order receive a guaranteed
child support payment, in lieu of a grant under the CalWORKs
program, from funds continuously appropriated for the CalWORKs
program.
(e) A county may limit the number of families that will be
permitted to enroll in its child support assurance demonstration
program.

18243. The department shall develop research designs to ensure
thorough evaluations of the child support assurance demonstration
projects that shall include, but not be limited to, the impact of the
project on work participation rates of custodial parents, household
incomes and family well-being, CalWORKs participation rates and
costs, rates of paternity and child support order establishment, and
any other relevant information the director may require.

18244. (a) A family shall be eligible to participate in the project
described in Section 18246 only if, at the time of application to
participate in the child assurance program, the family is receiving,
or has been determined to be eligible to receive, an aid grant under
Chapter 2 (commencing with Section 11200) of Part 3.
(b) A family's participation under this article shall not affect
its eligibility to receive Medi-Cal and child care benefits under
Chapter 2 (commencing with Section 11200) of Part 3, if otherwise
eligible.

18245. (a) A family shall be eligible to receive a child support
assurance payment on behalf of a child only if the child's custodial
parent has done all of the following:
(1) Assigned the child's right to collect child support to the
state.
(2) Established paternity, obtained a child support order, and is
using the services available under the state plan approved under Part
D (commencing with Section 651) of Chapter 7 of Title 42 of the
United States Code.
(3) Opted to participate in the child assurance program in lieu of
cash assistance under Chapter 2 (commencing with Section 11200) or
its successor program.
(b) (1) Except as provided in paragraph (2), as a condition of
receiving a child support assurance payment under this article, a
custodial parent shall also be required to do both of the following:
(A) Continue to provide all other relevant information that the
applicant has that may be requested by the county.
(B) Appear at required interviews, conference hearings, or legal
proceedings, if notified in advance and an illness or emergency does
not prevent attendance.
(2) A custodial parent shall not be required to comply with
paragraph (1) when compliance would make it more difficult for a
domestic violence victim to escape physical abuse or when cooperation
would increase the risk of further violence or unfairly penalize the
victim.
(c) In order to be eligible under this article, a child shall meet
all of the following conditions:
(1) The child resides in the county.
(2) The child has a noncustodial parent living in the United
States, or if not living in the United States, is subject to service
of process by a state or territory of the United States.
(3) The child is under 18 years of age or, if enrolled in high
school, under 19 years of age.
(4) The custodial parent is employed.

18247. (a) The state share of child support assurance payments
under this article shall be paid in accordance with Section 15200.
(b) The department shall, to the extent possible, ensure that no
funding streams will be utilized to pay for child support assurance
payments if the use of the funding streams would cause participants
to be subject to the limitations of Section 11454 or any similar
limitation.
(c) The county administrative cost for the operation of a child
support assurance program shall be paid from the county's allocation
provided under Sections 15204.2 and 15204.3.