DATE: June 10, 2025
TO: Board of Supervisors
SUBMITTED BY: Sanja Bugay, Director, Department of Social Services
SUBJECT: Memorandum of Understanding with California Department of Child Support Services
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Chairman to execute a Memorandum of Understanding with the California Department of Child Support Services for Third-Party access to the Child Support Enforcement System, effective upon execution by the California Department of Child Support Services, not to exceed 36 months ($0).
REPORT
Approval of the recommended action will allow the Department to continue its access to the Child Support Enforcement System (CSE) to administer California Work Opportunity and Responsibility to Kids (CalWORKs), CalFresh, Medi-Cal and Foster Care programs, with no increase to Net County Cost. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended action, the Department will lose access to the CSE, which may delay the adoption of children in foster care and affect the Department’s process of determining eligibility and appropriate benefit amounts.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended action. There is no cost associated with the recommended Memorandum of Understanding (MOU).
DISCUSSION:
On June 8, 2021, your Board approved a 36-month MOU between the Department and the California Department of Child Support Services (DCSS) for third party online read-only access service to CSE which expired on June 22, 2024. A new MOU was taken to the Board for approval on June 18, 2024, with a June 27, 2027, expiration. On January 9, 2025, DCSS sent out an updated MOU, highlighting key changes, and provided an updated “Third Party Access Procedure” document for additional information on the TPA program.
California State and Federal law allows disclosure of child support information to public entities to facilitate and enhance the effectiveness of the child and spousal support enforcement program. DCSS provides this information through the Third-Party Access (TPA) Program. TPA is defined as an on-line (IA-A or IV-E) read-only access service to the CSE for the purpose of supporting the Child and Spousal Support Enforcement Program pursuant to Family Code 17212. DCSS provides TPA through the creation and management of user access accounts. The County’s profile access is IV-A, a read-only third-party access to assist with work associated cases, where the custodial parent and the child(ren) is receiving public assistance benefits under the State’s IV-A program. The State’s Title IV-A is a child support program, under the Social Security Act, helps families receive public aid and establish child support orders when a child receives public assistance. It focuses on locating non-custodial parents, establishing paternity, and enforcing child support obligations. Welfare and Institution Code Section 11477(b) requires that all CalWORKs applicants and recipients assign child support rights to the State and cooperate with DCSS establishment and enforcement requirements. The Department uses CSE to administer the CalWORKs, CalFresh, Medi-Cal and Foster Care programs. Through CSE, the Department locates absent parents for children within the foster care program who are going through the adoption process. The Department also uses the system to verify child support income for CalWORKs, CalFresh, and Medi-Cal eligibility determination. Not having access to the CSE may prolong the adoption process for children in foster care and will hinder the Department from determining program eligibility and appropriate benefit grant amounts.
The MOU requires site review and audits for determining compliance with DCSS regulations, required safeguards, and stipulates that misuse of this information may result in civil and criminal penalties. All employees who have access to the CSE must complete documentation acknowledging all information they access is confidential and stating they will recuse themselves from any case where they may have a relationship with a participant.
The updated MOU made a change to the recusal and security sections, where both sections now require immediate notice of any changes to the conflict recusal form. Any changes or violations will be reported to the TPA point of contact, who would then notify DCSS. This updated MOU will supersede the previous MOU signed in June 2024 and requires new signatures.
The MOU is effective on the date executed by DCSS and shall be in effect until January 31, 2028. About three months prior to expiration, DCSS will send an updated MOU for review and signature. Either party may terminate this MOU without cause upon 30 days prior to written notice of such termination. DCSS will provide an executed copy of the MOU after signatures are obtained from the County.
REFERENCE MATERIAL:
BAI #86, June 18, 2024
BAI #42, June 8, 2021
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - MOU with DCSS
CAO ANALYST:
Ronald Alexander