The California Department of Social Services and the California Department of Child Support Services have discussed several possible changes to the CalSAWS computer system to help implement changes regarding foster care referrals for child support.

However, despite the fact that no CalSAWS system changes have been made, the only foster care related child support cases that can be referred to the local child support agency are when a parent’s annual income is more than $100,000, or 400 percent of the federal poverty level, whichever is greater, and referral will not be a barrier to reunification.  All foster care related child support collection efforts should stop unless this exception is met.  (ACIN I-07-24, February 16, 2024.)

The California Department of Child Support Services instructs local child support agencies (LCSAs) to review all cases with foster care arrearages.  If the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, whichever is greater, the LCSAs must deem the arrears uncollectable and remove them.

If the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, and any of the dependent children are still receiving foster care services, the LCSA must ask the welfare department whether continued enforcement would be a barrier to reunification.

If there are no dependent children still receiving foster care services and the annual income of the parent ordered to pay support is less than $100,000, or 400 percent of the federal poverty level, the case will not be reviewed for relief from foster care arrears.

Collections made prior to the collectability determination and removal of arrears will not be refunded.  (CSSP Letter 23-02, October 23, 2023.)

Effective January 1, 2023, counties cannot refer parents whose children have been removed from the home and who are receiving Child Welfare Services to child support agencies.  The only exception to this rule is if a parent’s annual income is more than $100,000, or 400 percent of the federal poverty level, whichever is greater, and referral will not be a barrier to reunification.

In addition, effective January 1, 2023, accrual and collection of foster care related child support payments that do not meet the exception stops.

Counties are encouraged to reassess cases where the family meets the exception if they get information that the parent’s situation no longer meets the exception.

Counties must still do the CW 51 child support referral form for foster care cases and note on the form that the referral will not be sent to the local child support agency unless the parents meet the income exception.  (ACL 23-29, March 20, 2023.)