Section 17415 Of Article 1. Support Obligations From California Family Law Code >> Division 17. >> Chapter 2. >> Article 1.
17415
. (a) It shall be the duty of the county welfare department to
refer all cases in which a parent is absent from the home, or in
which the parents are unmarried and parentage has not been
established by the completion and filing of a voluntary declaration
of paternity pursuant to Section 7573 or a court of competent
jurisdiction, to the local child support agency immediately at the
time the application for public assistance, including Medi-Cal
benefits, or certificate of eligibility, is signed by the applicant
or recipient, except as provided in Section 17552 and Sections 11477
and 11477.04 of the Welfare and Institutions Code. If an applicant is
found to be ineligible, the applicant shall be notified in writing
that the referral of the case to the local child support agency may
be terminated at the applicant's request. The county welfare
department shall cooperate with the local child support agency and
shall make available all pertinent information pursuant to Section
17505.
(b) Upon referral from the county welfare department, the local
child support agency shall investigate the question of nonsupport or
paternity and shall take all steps necessary to obtain child support
for the needy child, enforce spousal support as part of the state
plan under Section 17604, and determine paternity in the case of a
child born out of wedlock. Upon the advice of the county welfare
department that a child is being considered for adoption, the local
child support agency shall delay the investigation and other actions
with respect to the case until advised that the adoption is no longer
under consideration. The granting of public assistance or Medi-Cal
benefits to an applicant shall not be delayed or contingent upon
investigation by the local child support agency.
(c) In cases where Medi-Cal benefits are the only assistance
provided, the local child support agency shall provide child and
spousal support services unless the recipient of the services
notifies the local child support agency that only services related to
securing health insurance benefits are requested.
(d) Whenever a court order has been obtained, any contractual
agreement for support between the local child support agency or the
county welfare department and the noncustodial parent shall be deemed
null and void to the extent that it is not consistent with the court
order.
(e) Whenever a family that has been receiving public assistance,
including Medi-Cal, ceases to receive assistance, including Medi-Cal,
the local child support agency shall, to the extent required by
federal regulations, continue to enforce support payments from the
noncustodial parent until the individual on whose behalf the
enforcement efforts are made sends written notice to the local child
support agency requesting that enforcement services be discontinued.
(f) The local child support agency shall, when appropriate,
utilize reciprocal arrangements adopted with other states in securing
support from an absent parent. In individual cases where utilization
of reciprocal arrangements has proven ineffective, the local child
support agency may forward to the Attorney General a request to
utilize federal courts in order to obtain or enforce orders for child
or spousal support. If reasonable efforts to collect amounts
assigned pursuant to Section 11477 of the Welfare and Institutions
Code have failed, the local child support agency may request that the
case be forwarded to the United States Treasury Department for
collection in accordance with federal regulations. The Attorney
General, when appropriate, shall forward these requests to the
Secretary of Health and Human Services, or a designated
representative.