CCSP Mission Statement

1. CCSP Mission Statement "The mission of the California Child Support Program is to promote the well being of children and the self sufficiency of families by delivering first-rate child support services and collection activities that contribute to meeting the financial, medical, and emotional needs of children."

2. Complaint Resolution State of California Department of Child Support Services and State Hearing Regulation Training Produced by the Training & Procedures Unit

3. How To Navigate EXIT The next two slides explain how to navigate through this PowerPoint presentation, as well as learn about the various types of interactions within the presentation. If you are familiar with navigating through PowerPoint presentations, you can click the Menu button now to skip these two slides. Notice the Back, Menu, and Next buttons at the bottom-right of your screen. These buttons help you navigate back to the previous slide, return to the Menu slide, and forward to the next slide. On the Menu slide there is an additional Exit button, which you click to exit or end the presentation. In addition, your keyboard has function keys which help in navigating, the more commonly used keys are: ENTER, PAGE DOWN, SPACEBAR, or CLICKING THE MOUSE perform the next animation or advance to the next slide. P, PAGE UP, UP ARROW, or BACKSPACE perform the previous animation or return to the previous slide. Tip  You can press F1 during the slide show to see a list of these controls. .

4. How To Navigate If the program prompts you to take an action, the action text appears in yellow. Example: Please click the Nextbutton to continue to the next slide. This program does have an audio track. Headphones or speakers, although not required to complete this program, are necessary to hear the audio option of this presentation. This is a mandatory training program. Although all lessons are accessible to all child support staff, it may not be necessary for you to review every lesson. Check with your supervisor to determine which lessons are required curriculum for your job scope. Cindy, you only need to take Lessons 1-3 TipThe Student Tool Book includes copies of the forms addressed in this presentation. If you have not already located and reviewed the Student Tool Book, please do so at this time, as it may facilitate your learning to review these before proceeding. Pete, you only need to take Lessons 2 and 4 Please click the Nextbutton to continue to the next slide.

5. State of California Department of Child Support Services Complaint Resolution & State Hearing Menu Please press your Enter key to begin, or click on a lesson button below to learn more about that topic. Click the Exit button if you wish to exit the presentation. Lesson One General Process Overview Lesson Four Administration Lesson Two Complaint Review & Investigation Lesson Five Automated Tracking System Lesson Three State Hearings Help and Frequently Asked Questions EXIT Forms Index

6. General Process Overview Lesson One Learning Objectives The decisions you make and work you complete every day have a direct or indirect impact on our customers. At the conclusion of this lesson, you should be able to: • Describe the purpose and intent of the Complaint Resolution and State Hearing processes. • Use course materials as references to respond to general questions about the processes • and/or refer questions to the appropriate party. The Complaint Resolution and State Hearing processes help ensure good customer service. This is why you should know how complaints are brought forward and resolved. It is important every child support worker is able to apply this knowledge to their work. This training course discusses activities that must occur once a customer presents a complaint to a child support organization. TipIt is recommended you locate the process map in the Lesson One section of the Student Tool Book and refer to it throughout this lesson. Please click the Nextbutton to continue to the next slide.

7. General Process Overview Lesson One In 1999, a Bureau of State Audits report found that the child support enforcement program in California was lacking in many areas, including a sense of overall vision and uniformity of practice. In response to the desire to improve quality of service and the identified need for a uniform statewide mechanism for receiving and resolving complaints from Custodial Parties (CP) and Non-Custodial Parents (NCP), the California Legislature passed and the Governor signed Assembly Bill 472 (AB 472) in 1999. The intent of the bill was to improve service to CPs and NCPs, increase accountability, and provide a source of information about the overall effectiveness of the child support program. The bill was part of a package of legislation that created the California Department of Child Support Services (DCSS) and transferred responsibility for local oversight from the District Attorney’s Office to the new State department. DCSS was required to have a complaint resolution and state hearing process in place by July 1, 2001. The DCSS has prepared regulations that set forth the operational procedures and requirements for Complaint Resolution and State Hearing program administration. This course has been prepared to support the implementation of those regulations. Refer to CSS letter 01-20 dated July 25, 2001 for information about issue resolution. Let’s turn our attention now to a global view of the processes themselves. Please click the Nextbutton to continue to the next slide.

8. General Process Overview Lesson One Complaint Resolution – Six Steps The processes have at their core a contention from a CP or NCP that a IV-D action/inaction is inappropriate. This lesson takes you on a tour of the complaint resolution and state hearing processes. There are six (6) stops on our tour: Step One Step Four Filing a Complaint Filing & Preparing for a State Hearing If at any point during the Complaint Resolution or State Hearing processes the complainant is satisfied that their concerns have been addressed, the cycle ends and the complaint can be closed. Step Two Step Five Complaint Review State Hearings Complaint Investigation Step Six Step Three Appeals Please click the Nextbutton to continue to the next slide.

9. General Process Overview Lesson One by a CP or NCP Step One – Filing a Complaint What constitutes a complaint? A complaint is a verbal or written statement of a dispute the complainant feels is unresolved and, for which the complainant is requesting resolution. In order for such a complaint to fall within the jurisdiction of the complaint resolution process, it must be about an action or inaction of the Local Child Support Agency (LCSA) or the Franchise Tax Board (FTB), concerning a child support case. At the point where the customer – a CP or NCP – files a complaint, he/she receives the added distinct and temporary title of “complainant.” A complaint can be filed almost any time a customer is dissatisfied with a child support action or inaction of the LCSA or FTB. A concern/issue becomes a complaint at the point a customer states that he/she wants to file a complaint. Such a statement must be made within ninety (90) days after the complainant knew or should have known of the action or inaction that is the subject of the complaint. Please click the Nextbutton to continue to the next slide.

10. Lesson One General Process Overview Step One – Filing a Complaint How are complaints received? Verbal Complaint Written Complaint • If a customer submits a verbal • complaint, the complaint receipt date is • the date the LCSA receives the verbal • complaint information. • In such cases, within five (5) business • days the LCSA must: • 1. Document the complaint information • onto the form LCR001, and • 2. Complete the “Complaint • Acknowledgement,” form LCR002, • and • 3. Mail copies of both documents, along • with a blank “Request for State • Hearing,” form SH001, to the • complainant. • Written complaints can come in two • forms – either on the form LCR001 or • any other document. With written • complaints, the complaint receipt date is • the date the LCSA receives the form or • written document. • The LCSA must, within five (5) • business days of this date, complete • and send to the complainant the form • LCR002, along with a blank form SH001. Once a complainant states that he/she wants to file a complaint, he/she should be encouraged, but is not required, to document their complaint on the “Request for Complaint Resolution,” form LCR001. But a complaint can be submitted verbally or in writing. Please click the Nextbutton to continue to the next slide.

11. General Process Overview Lesson One Step One – Filing a Complaint Issues Outside of the Complaint Resolution Process While complaints can be filed on any action or inaction of the LCSA and/or FTB, there are issues that cannot be resolved through this process. These include: • Child support matters which must, by law, be addressed by the court, unless the • same law specifically provides for an administrative review. • Complaints challenging the amount of child support or child support arrears set by a • court. • Complaints arising from the review of a court order for child and/or spousal support, • or a court order or equivalent determination of paternity. • Complaints arising from custody and/or child visitation determinations. • Complaints that, by law, must be resolved so quickly that going through the • complaint resolution process would jeopardize the CP’s or NCP’s rights. Complaints should be reviewed during Step Two, Complaint Review and Investigation, to ensure the subject of the complaint falls within the jurisdiction of the complaint resolution process. Please click the Nextbutton to continue to the next slide.

12. General Process Overview Lesson One Step One – Filing a Complaint What Must the LCSA Do? If a customer presents a complaint verbally and does not complete the form LCR001, the LCSA must document the verbal complaint on the form LCR001 with the following minimum information: • Complainant’s name and address. • If available, the complainant’s telephone number, FAX number and/or electronic • mail address. • The LCSA case number. • A description of the action or inaction that is the subject of the complaint. A copy of the completed form LCR001 must then be sent to the complainant within five (5) business days of the complaint receipt date. Once the form LCR001 is filed and a copy is sent to the complainant, Step One is complete. Please click the Nextbutton to continue to the next slide.

13. General Process Overview Lesson One Step Two – Complaint Review Determining Jurisdiction Once a complaint is received, an individual must be assigned as a complaint investigator. This cannot be: • The individual whose action/inaction is the subject of the complaint. • The Ombudsperson. Within five (5) business days of the complaint receipt date, the LCSA must take the following actions: • Complete and send to the complainant the form LCR002, which must include the • following: • Explanation of the complaint resolution process and associated time frames. • Explanation of the State Hearing process and associated time frames. • A blank form SH001. Please click the Nextbutton to continue to the next slide.

14. General Process Overview Lesson One Step Two – Complaint Review Determining Jurisdiction (continued) • A complaint investigator evaluates the complaint for jurisdictional authority. • Local Jurisdiction – Only the LCSA that took or failed to take the action, or requested the FTB action that is the subject of the compliant, has jurisdictional authority to resolve the complaint. • Program Jurisdiction – The subject of the complaint must fall within the jurisdiction of the child support program. • Note: Lesson Two, Complaint Review and Investigation, provides detailed training on the • subject of jurisdiction and what the LCSA must do in cases where a complaint falls • outside the LCSA’s jurisdiction. • Ensure the complaint has been entered into the Complaint Resolution Tracking System (CRTS). Lesson Five, Automated Tracking System, provides training on this topic. Once the complaint has been acknowledged, reviewed for jurisdiction, and the information has been entered into the CRTS, Step Two is complete. Please click the Nextbutton to continue to the next slide.

15. General Process Overview Lesson One Step Three – Complaint Investigation Following the acknowledgement of the complaint and determination of jurisdictional authority, the investigation begins. The investigation of any complaint must be completed and a written response provided to the complainant within thirty (30) calendar days of the complaint receipt date, unless the Director of the LCSA extends the complaint resolution period. Lesson Two, Complaint Review and Investigation, discusses the topic of extensions. Please click the Nextbutton to continue to the next slide.

16. General Process Overview Lesson One Step Three – Complaint Investigation Complaint Investigator Responsibilities In completing an investigation, the complaint investigator has the following responsibilities: • Discuss the complaint with the complainant to clarify the issues and attempt an • immediate resolution. • Amend the complaint, if necessary, and take immediate steps to resolve the complaint. • Complaint amendments must be documented on the “Complaint Amendment,” form • LCR003. If completed, a copy of the form must be sent to the complainant within five • (5) business days after the complaint investigator’s discussion with the complainant. • If an immediate resolution is not found, further investigate the matter as necessary by • obtaining pertinent case information and documents from the appropriate caseworker, • FTB, and/or any other appropriate source. • Determine what LCSA and/or FTB action is required to resolve the complaint and take • action to achieve such resolution. Please click the Nextbutton to continue to the next slide.

17. General Process Overview Lesson One Step Three – Complaint Investigation Complaint Investigator Responsibilities (continued) • Monitor any resolution actions being taken to ensure completion within the thirty • (30) calendar day investigation time constraint. • Keep complainant appropriately informed of actions being taken and expected time • frames for completion. Once this investigation and resolution process is completed, the LCSA must prepare and mail the “Notice of Complaint Resolution,” form LCR006, along with a blank form SH001. It may also be appropriate to simultaneously make a personal contact with the complainant regarding the resolution. Please click the Nextbutton to continue to the next slide.

18. General Process Overview Lesson One Step Three – Complaint Investigation Complaint Investigator Responsibilities (continued) Once the form LCR006 is mailed, Step Three is complete. There is no further action required by the LCSA unless the complainant requests a State Hearing. The complaint can be closed if the complainant communicates satisfaction with the resolution or if, after ninety (90) calendar days following the sending of the form LCR006, the complainant has not filed a request for State Hearing. Lesson Four, Administration, provides training and information about important record retention requirements. Complainants who indicate dissatisfaction with the resolution should be referred to the Ombudsperson Program and/or the State Hearing process at this point. Please click the Nextbutton to continue to the next slide.

19. General Process Overview Lesson One Step Four– Filing and Preparing for State Hearings Filing Requirements A complainant who has completed and is dissatisfied with the results of the local complaint resolution process has the right to a State Hearing, provided the subject of the complaint/hearing request falls within the jurisdiction of the State Hearing process, which does not include: • Child support matters which must, by law, be addressed by the court, unless the • same law specifically provides for an administrative review. • Complaints challenging the amount of child support or child support arrears set by • a court. • Complaints arising from the review of a court order for child and/or spousal support • or a court order or equivalent determination of paternity. • Complaints arising from custody and/or child visitation determinations. Additionally, State Hearings cannot resolve complaints of alleged discourteous treatment by an LCSA employee unless such conduct resulted in one of the actions or inactions that is the primary subject of the complaint/hearing request. In any other instances, discourteous treatment issues should be referred to the lead Ombudsperson. Please click the Nextbutton to continue to the next slide.

20. General Process Overview Lesson One Step Four– Filing and Preparing for State Hearings Filing Deadlines Requests for State Hearing must be made in writing (preferably via form SH001) within ninety (90) calendar days after: • A complainant receives the “Notice of Complaint Resolution,” form LCR006; • A complainant receives the “Notice of Complaint,” form LCR004; • The maximum time allowed for an LCSA’s response to a complaint has expired and • the complainant has not received forms LCR006 or LCR004. Please click the Nextbutton to continue to the next slide.

21. General Process Overview Lesson One Step Four– Filing and Preparing for State Hearings State Hearing Office Responsibilities Upon receiving notification that a complainant is requesting a State Hearing, the State Hearing Office (SHO) checks the Complaint Resolution Tracking System (CRTS) to ensure the complainant has attempted to resolve the issue locally. If a complainant has followed the process and the subject of the complaint falls within the jurisdiction of the State Hearing process, the SHO schedules a hearing to be held within thirty (30) calendar days of the date of the request. The SHO must notify all interested parties of the date, time, and location of the hearing at leastten (10) calendar days prior to the scheduled hearing date. If a complainant wishes to pursue the matter through a State Hearing, the LCSA, the SHO and the LCSA’s State Hearing Representative (SHR) have specific responsibilities. Please click the Nextbutton to continue to the next slide.

22. General Process Overview Lesson One Step Four– Filing and Preparing for State Hearings LCSA Responsibilities The LCSA must: • Provide assistance to complainants in requesting a State Hearing. • Provide complainants with relevant information pertaining to the subject of their • complaint to help the complainants prepare for the State Hearing. • Advise SHO if an interpreter is needed or reasonable accommodation is required for a • hearing due to a complainant’s disability. • Report to the SHO any known changes in a complainant’s address or other • circumstances that might affect the conduct of a hearing. • Prepare a position statement for each hearing. • Mail the position statement and any pertinent documents to the complainant at • least five (5) business days prior to a scheduled hearing. • Assign an LCSA representative who shall present the case at the State Hearing. Once these actions are taken, Step Four is complete. Please click the Nextbutton to continue to the next slide.

23. General Process Overview Lesson One Step Five – State Hearings State Hearings are conducted by an Administrative Law Judge (ALJ) from the SHO who hears the case and manages the hearing process. During the hearing, parties present their case and/or examine/cross-examine witnesses. At the completion of the hearing, the ALJ may “hold the record open” for a limited time for the submission of additional documents/evidence not available at the hearing. The “close of the record” occurs at the time the limited period expires. The ALJ must then provide the Director of DCSS with a proposed decision within ten (10) business days of the “close of the record.” Please click the Nextbutton to continue to the next slide.

24. General Process Overview Lesson One Step Five – State Hearings LCSA SHR Responsibilities The LCSA SHR performs the following case presentation activities at the State Hearing as necessary: • Orally summarize the written position statement that supports the LCSA’s and/or FTB’s • action(s) or inaction(s). • Examine LCSA and/or FTB witness(es). • Cross-examine the complainant or the complainant’s authorized representative, and • the complainant’s witness(es). • Respond to any questions from the complainant or authorized representative, or ALJ • concerning the case. • Make available at the hearing, the LCSA case record documents that are not • confidential and are relevant to the complaint. • Make binding agreements and stipulations on behalf of the LCSA during the • hearing. Lesson Three, State Hearings, provides more detailed information about the conduct of State Hearings. Please click the Nextbutton to continue to the next slide.

25. General Process Overview Lesson One Step Five – State Hearings Hearing Decisions Within twenty (20) business days of the close of the record, the DCSS Director reviews the proposed decision and takes one of three possible actions: • 1. Adopts the decision as proposed; • 2. Amends or modifies the proposed decision; • 3. Orders further hearing on the issue. It is important to note that if the DCSS Director does not take one of these actions within twenty (20) business days following the date of the hearing, the ALJ’s proposed decision is adopted by operation of law. The SHO is responsible for providing written notification of hearing results to the complainant and LCSA within ten (10) business days of the date of the Director’s decision. Once the notice of decision has been properly distributed, Step Five is complete. Lesson Three, State Hearings, provides more detailed information about the State Hearing process. Please click the Nextbutton to continue to the next slide.

26. General Process Overview Lesson One Step Five – State Hearings Hearing Decisions Satisfaction – Complaint Closed Provided both the complainant and LCSA are satisfied with the results of the State Hearing and any required actions are completed, there is no further action necessary. The LCSA should close the complaint. Lesson Four, Administration, provides training on this topic and important information on record retention requirements. Please click the Nextbutton to continue to the next slide.

27. General Process Overview Lesson One Step Six – Appeals Complainant Dissatisfied – Final Remedies Both the complainant and the LCSA have the right to appeal the State Hearing decision. Two paths are available: • The administrative path: the complainant or LCSA appeals the Director’s decision and petitions for a rehearing; • 2. The legal path: the complainant files an action with the Superior Court. If a complainant/LCSA chooses the administrative path and the request for rehearing is denied or the complainant/LCSA is not satisfied with the results of the rehearing, the legal path is still available to the complainant. This action completes Step Six and completes the Complaint Resolution and State Hearing processes. Please click the Nextbutton to continue to the next slide.

28. General Process Overview Lesson One Lesson One Review This concludes Lesson One. You should now be able to: • Describe the purpose and intent of the Complaint Resolution and State Hearing processes. • Use the course materials in your Complaint Resolution and State Hearing Training Student • Tool Book to respond to general questions about the processes and/or refer questions to • the appropriate party. This lesson includes a mandatory open-book examination that can be found in the Lesson One section of your Student Tool Book. If one is not there, please contact your Training Coordinator or supervisor to obtain the form. Follow local procedures for completing and submitting this exam. You must complete the examination to receive credit for completing this mandatory training. We would appreciate you taking the time to complete the course evaluation form. Your responses on this form help us ensure we are designing and maintaining training materials that best meet your needs. Thank you. Please click the Nextbutton to continue to the next lesson.

29. Complaint Review & Investigation Lesson Two Learning Objectives Whether you are a complaint investigator or a caseworker who may be asked to provide case information to support a complaint investigation, you will need the information contained in this lesson to successfully accomplish your task.   At the conclusion of this lesson, you should be able to: • Use course references to review a complaint and complete a “Request for • Complaint Resolution Acknowledgement”, form LCR002. • Use course references to determine jurisdictional authority and process • a complaint transfer. • Apply course references to complete a plan for investigating a complaint. Please click the Nextbutton to continue to the next slide.

30. Complaint Review & Investigation Lesson Two Complaint Review Process In Lesson One, you learned that a customer can present a complaint verbally or in writing. Within five (5) business days of the complaint receipt date, the Local Child Support Agency (LCSA) must: • Ensure the complaint information is documented on the “Request for Complaint • Resolution,” form LCR001, and if the form was completed by the LCSA from a verbal • complaint, a copy is sent to the complainant. • Assign an investigator to the complaint. This individual must be someone whose • action or inaction is not the subject of the complaint.  • Prepare and send to the complainant form LCR002, that must, at a minimum, explain • the Complaint Resolution and State Hearing processes and associated time frames. • The form LCR002 must be accompanied by a blank “Request for State Hearing,” • form SH001. • Review and evaluate the complaint to ensure the LCSA holding the complaint has • jurisdictional authority to resolve the complaint.  • Ensure the complaint has been entered into the Complaint Resolution Tracking • System (CRTS). Lesson Five provides training on this topic. Please click the Nextbutton to continue to the next slide.

31. Complaint Review & Investigation Lesson Two Verbal or Written Complaint Received The complaint review must be completed within five (5) business days of the complaint receipt date. The purpose of the complaint review is to determine the LCSA’s jurisdictional authority to resolve the complaint. The LCSA that took the action, failed to take action or requested the Franchise Tax Board (FTB) take the action that is the subject of the complaint, has jurisdictional authority. A complaint that, upon review, is determined to be outside the jurisdiction of the child support program, must be processed as follows: • The LCSA sends a written notification to the complainant via the “Notice of Complaint • Resolution,” form LCR006, and • To the extent possible, refers the complainant to the appropriate agency for • resolution. A complaint that, upon review, is determined to be within the jurisdiction of the LCSA in another county, must be transferred by the LCSA performing the review to the appropriate county. Please click the Nextbutton to continue to the next slide.

32. Complaint Review & Investigation Lesson Two Complaint Transfer TipThere is a one-page map of the complaint transfer process in the Complaint Resolution Section of your Student Tool Book. Before we discuss transfers in greater detail, you may wish to find that map and refer to it during the next few minutes of this presentation. To initiate a transfer, the LCSA in County One: • Completes the “Complaint Transfer,” form LCR004. • E-Mails or faxes the form with all other relevant complaint documents, forms and • other information received from the complainant to the appropriate LCSA. • Notifies the complainant of the transfer within five (5) business days after • transferring the complaint by mailing a copy of the form LCR004. Please click the Nextbutton to continue to the next slide.

33. Complaint Review & Investigation Lesson Two Complaint Transfer (continued) When County Two receives form LCR004, the complaint receipt date is revised to the date the LCR004 was received by County Two. County Two must review the complaint for jurisdiction within five (5) business days of receiving the transferred complaint. • If County Two agrees it has jurisdiction, the complaint resolution process must be • completed within thirty (30) calendar daysof receiving the transferred complaint. • If County Two does not agree it has jurisdiction, discussion should occur between the • two counties involved relative to which one has jurisdiction. • If agreement can not be achieved within five (5) business days of County Two’s receipt of form LCR004, • County Two must contact, by telephone with a follow-up fax, the DCSS Customer and Community Services • Branch (CCSB) for jurisdictional determination. DCSS must make a determination within five (5) • business days of this contact. • If the CCSB determines that County One does in fact have jurisdiction, the original complaint receipt date is • reinstated. If the CCSB determines that County Two has jurisdiction, County Two has thirty (30) calendar • days from the date of form LCR004 receipt to investigate and complete the complaint resolution process. Once jurisdiction has been determined, the LCSA with jurisdiction to resolve the complaint must ensure complaint information has been correctly entered/updated in the CRTS. Once this has been accomplished, the review is complete and the complaint investigation process can begin. Please click the Nextbutton to continue to the next slide.

34. Complaint Review & Investigation Lesson Two Complaint Investigation To begin the investigation, the complaint investigator must contact the complainant to: • Discuss and clarify the issues involved in, and the basis of the complaint, and • Try to resolve the complaint to the satisfaction of the complainant. If this contact results in substantive modifications to the original complaint, the complaint investigator must: • Document the new complaint information on the “Complaint Amendment,” form • LCR003. It is important to note that an amendment to the original complaint does not • re-start the 30-day complaint resolution period. • Mail a copy of the completed form LCR003 to the complainant within five (5) • business days of the contact. Please click the Nextbutton to continue to the next slide.

35. Complaint Review & Investigation Lesson Two Complaint Investigation (continued) If, during the contact, the complaint is resolved to the satisfaction of the complainant, the LCSA must: • Complete and mail to the complainant a form LCR006, with a blank form SH001. • Initiate closure of the complaint. Lesson Four, Administration, provides training on • this topic. If during the contact the complaint investigator is unable to obtain enough information from the complainant to initiate or complete a complaint investigation, the LCSA must try to contact the complainant to secure the necessary information. If these efforts are unsuccessful, no earlier than fifteen (15), but no later than twenty (20) calendar days after the complaint receipt date, the LCSA must: • Notify the complainant in writing of the information needed from the complainant to • effect complaint resolution. • Advise the complainant that the complaint will be closed in ten (10) calendar days if • the information is not received. • If sufficient additional information is not received within ten (10) calendar days, the LCSA must send a • completed form LCR006 to the complainant no later than thirty (30) calendar days after the complaint • receipt date. Please click the Nextbutton to continue to the next slide.

36. Complaint Review & Investigation Lesson Two Complaint Investigation and Resolution If, during the contact, sufficient information is obtained and the complaint is not resolved, the complaint investigation continues with further investigation into the facts surrounding the complaint and should: • Obtain additional pertinent case information and/or documents from the • caseworker(s) responsible for the action/inaction that is the subject of the complaint, • the FTB and any other agency/source necessary for prompt resolution of the • complaint. • Identify and define any action the LCSA, FTB and/or any third party agency should • take to resolve the complaint. • Notify the appropriate LCSA staff of their responsibility for completing the necessary • action(s) and ensure the actions are completed within statutory time frames. In the • absence of statutory time frames, the actions must be completed within thirty (30) • calendar days of the complaint receipt date. • Notify in writing any third party or agency of an action they must take to resolve the • complaint and facilitate the resolution of the complaint with the third party until the • requested action is completed. Please click the Nextbutton to continue to the next slide.

37. Complaint Review & Investigation Lesson Two Complaint Resolution Extension You will recall from Lesson One that the complaint resolution process must be completed within thirty (30) calendar days from the complaint receipt date unless the Director of the LCSA has granted a one-time extension of the complaint resolution period. Such an extension can be granted for up to a maximum of thirty (30) additional calendar days. If an extension is granted, the LCSA must complete and mail to the complainant and the State Hearing Office (SHO) a “Notice of Complaint Resolution Extension,” form LCR005, no later than thirty (30) calendar days after the complaint receipt date. The notice must be signed by the LCSA Director and: • Explain the reason for the extension. • Include the time frames for filing a request for State Hearing based on the complaint • resolution extension. Once the form LCR005 has been completed and sent, the LCSA has up to sixty (60) calendar days from the complaint receipt date to prepare and send to the complainant the form LCR006. Please click the Nextbutton to continue to the next slide.

38. Complaint Review & Investigation Lesson Two Complaint Resolution Within thirty (30) calendar days of receiving a complaint, the LCSA must prepare and send form LCR006 and mail it with a blank form SH001 to the complainant. The form LCR006 must document: • The subject of the complaint and the complaint receipt date. • The LCSA’s decision relative to the complaint, including citations to applicable laws, • regulations and/or DCSS policy letters. • Any actions taken or to be taken by the LCSA to resolve the complaint. • The complainant’s right to file a request for State Hearing, the process and time • frames to file the request, and the issues that are within the jurisdiction of the State • Hearing process. Please click the Nextbutton to continue to the next slide.

39. Complaint Review & Investigation Lesson Two Complaint Closure The LCSA should close the complaint resolution process after completion of the following actions: • Acknowledged the complaint via form LCR002. • Investigated the complaint. • Issued form LCR006. • Completed any and all actions required to resolve the complaint. Lesson Four, Administration, provides training on this topic. Please click the Nextbutton to continue to the next slide.

40. Complaint Review & Investigation Lesson Two Lesson Two Review This concludes Lesson Two. You should now be able to: • Use course references to review a complaint and complete form LCR002. • Use course references to determine jurisdictional authority and process a • complaint transfer. • Apply course references to complete a plan for investigating a complaint. This lesson includes a mandatory examination that can be found in the Lesson Two section of your Student Tool Book. If one is not there, please contact your Training Coordinator or supervisor to obtain the form. Follow local procedures for completing and submitting this exam. You must complete the examination to receive credit for completing this mandatory training. We would appreciate you taking the time to complete the course evaluation form. Your responses on this form help us ensure we are designing and maintaining training materials that best meet your needs. Thank you. Please click the Nextbutton to continue to the next lesson.

41. State Hearings Lesson Three Learning Objectives All county staff working with the complaint resolution process need to understand the State Hearing process in order to achieve the highest level of job performance and provide the best customer service. At the conclusion of this lesson, you should be able to: • Use course materials to facilitate customer access to and preparation for the State Hearing • process. • Delineate the scope of responsibilities within the State Hearing process between the • complainant, the Local Child Support Agency (LCSA), the LCSA State Hearing • Representative (SHR) and the State Hearing Office (SHO). • Apply process and time frame information to ensure LCSA and SHR compliance with State • Hearing requirements. Please click the Nextbutton to continue to the next slide.

42. State Hearings Lesson Three Background • The Department of Child Support Services (DCSS) is responsible for the administration and ultimate outcomes of the State Hearing process related to child support services. DCSS has contracted with the California Department of Social Services’ (DSS) SHO to conduct the hearings. • As you learned in Lessons One and Two, the LCSA is required to advise a complainant about the state hearing process at particular times during the complaint review and investigation period: • When the “Request for Complaint Resolution Acknowledgement”, form LCR002 is • sent. • When the “Notice of Complaint Resolution”, form LCR006 is sent. • LCSAs must not: • Discourage a complainant who states interest in a State Hearing from • requesting one. • Refuse to assist a complainant with a request for State Hearing. Please click the Nextbutton to continue to the next slide.

43. State Hearings Lesson Three Requests for State Hearing • Prior to submitting a request for State Hearing, complainants must have exhausted the local complaint resolution process. • Requests for State Hearing must be filed within ninety (90) calendar days of the: • Complaint Receipt Date if: • The LCSA fails to send form LCR006 within the thirty (30) calendar day complaint review and investigation time constraint. • The LCSA fails to send form LCR006 within sixty (60) calendar days of the complaint filing date if an extension was granted by the LCSA Director. • Complainant’s receipt of form LCR006. • Complainant’s receipt of the “Complaint Transfer”, form LCR004 if the county with • jurisdiction failed to resolve the complaint within the thirty (30) day complaint review • and investigation time constraint. Please click the Nextbutton to continue to the next slide.

44. State Hearings Lesson Three Filing of State Hearing Requests for State Hearing can be made verbally or in writing to the SHO. While not necessary, once a complainant states he/she wants to file for State Hearing, he/she should be encouraged to make the request in writing by completing and submitting the “Request for State Hearing”, form SH001 to the SHO. The minimum requirements for submitting a request for State Hearing, verbally or in writing, are the same as those required for submitting a request for Complaint Resolution that you learned in Lesson One: • Complainant’s name and address. • Complainant’s telephone and FAX numbers, and electronic mail address, if available. • The LCSA’s child support case number. • A description of the action or inaction that is the subject of the complaint. Please click the Nextbutton to continue to the next slide.

45. State Hearings Lesson Three LCSA Responsibilities to the Complainant • When a complainant expresses interest in filing a request for State Hearing, the LCSA has specific responsibilities: • To assist the complainant in preparing and filing a request for State Hearing. • To provide the complainant with relevant information pertaining to the subject of the • complaint, including policy and regulation materials necessary for the complainant to: • Determine whether he/she should request a State Hearing. • Prepare for a State Hearing. • If a complainant does file a request for State Hearing, the LCSA must: • Notify the SHO if the complainant needs an interpreter and/or reasonable disability • accommodation at the hearing, if known. • Report any known changes in the complainant’s address or changes in • circumstances that might affect the conduct of the hearing. Please click the Nextbutton to continue to the next slide.

46. State Hearings Lesson Three Complainant Examination of Records In deciding whether or not to file for State Hearing and/or to prepare for State Hearing, a complainant may request access to case records. Complainants have the right during regular business hours to examine non-confidential portions of the case record and non-confidential information the LCSA used to make its decision at the conclusion of the complaint review and investigation. If relevant portions of the case record are confidential, the complainant can only inspect them in accordance with the Disclosure of Information permissions. Note: Training on this topic is provided in Lesson Four, Administration. The ALJ may issue a subpoena for witnesses and/or relevant documents after the hearing if he/she thinks it necessary. Please click the Nextbutton to continue to the next slide.

47. State Hearings Lesson Three Jurisdiction • The State Hearing process has a specified range of issues that it has the power to address. Once received, requests for State Hearings are reviewed by the SHO to ensure that the complaint has at issue one or more of the following: • An application for child support services that has been denied or has not been acted • upon within the required time frame. • A child support case that has been acted upon in violation of a law, regulation or • DCSS policy letter or has not yet been acted upon within the required time frame. • Note: This includes services for establishment, modification and enforcement of child • support orders and accountings of child support collections/arrears. • Child support collections that have not been distributed or have been distributed or • disbursed incorrectly. • An inaccurate amount of child support arrears as calculated by the LCSA. • The LCSA’s decision to close a child support case. Please click the Nextbutton to continue to the next slide.

48. State Hearings Lesson Three Jurisdiction (continued) The issues the State Hearing process cannot address include: • Child support matters which must, by law, be addressed by • the court, unless the same law specifically provides for an administrative review. • Complaints challenging the amount of child support or child support arrears set by a • court. • Complaints arising from the review of a court order for child and/or spousal support • or a court order for equivalent determination of paternity. • Complaints arising from custody and/or child visitation determinations. • Complaints that, by law, must be resolved so quickly that going through the • complaint resolution process would jeopardize the Custodial Party’s (CP) or • Non-Custodial Parent’s (NCP) rights. Additionally, the State Hearing process cannot be used to resolve complaints arising from discourteous treatment by an LCSA employee unless such treatment resulted in an action or inaction that IS within the jurisdiction of the State Hearing process and IS the subject of the complaint. Please click the Nextbutton to continue to the next slide.

49. State Hearings Lesson Three Scheduling State Hearings When the SHO receives a request for a State Hearing, the request is reviewed for jurisdiction and to ensure the local complaint resolution process was attempted and exhausted. Requests that meet these requirements are scheduled by the SHO for hearing. The date of the hearing must occur within thirty (30) calendar days after the request is received by the SHO. Please click the Nextbutton to continue to the next slide.

50. State Hearings Lesson Three Authorized Representatives • A complainant has the right to appoint an authorized representative during all aspects of the hearing process by signing and dating a written statement to that effect, or by stating on the record at the hearing that the person is so authorized. • If the complainant is not present at the hearing, a written statement authorizing a • representative to act on behalf of the complainant for hearing purposes must be • signed and dated by the complainant on or after the date of the action or inaction • with which the complainant is dissatisfied. • The authorization may be limited in scope or duration by the complainant. The • authorization may be revoked by the complainant at any time. • If the complainant is not present at the hearing and the written authorization does not • meet the requirements, the Administrative Law Judge (ALJ) may proceed with the • hearing if the circumstances indicate that the complainant wishes to proceed with the • hearing process. In such cases, an amended authorization shall be submitted • within five (5) days from the hearing. Please click the Nextbutton to continue to the next slide.