HomeMy WebLinkAboutM-24-718 - 2024 DCSS Data Sharing MOU-Fully Signed.pdf 1 SERVICE AGREEMENT
2 This Service Agreement ("Agreement') is dated January 8, 2025 and is between
3 the Department of Child Support Services ("DCSS") and the Department of Social Services
4 ("DSS"), both separate departments of the County of Fresno, a political subdivision of the State
5 of California.
6 Recitals
7 Pursuant to Welfare and Institution Code 11477(b)(1) that requires each applicant or
8 recipient to cooperate with the local child support agency and county welfare department in
9 establishing the paternity of a child, establishing child support, modifying child support, and
10 enforcing child support orders, DSS has a need for assistance from DCSS to identify non-
11 custodial parents, grandparents, adult siblings, and other relatives to assist with the placement
12 of children removed from the parent, as allowed through Family Code Section 17506.
13 Pursuant to Family Code 17415 that requires DSS to refer all cases in which a parent is
14 absent from the home to DCSS, DCSS has a need for information from DSS to carry out the
15 responsibilities for securing child support and determining paternity imposed by the State plan
16 mandated by Title IV-D of the Social Security Act, 45 C.F.R. Part 302, and 45 C.F.R. Part 303.
17 A. Both DSS and DCSS have a need for assistance from each other in identifying child
18 paternity and establishing and modifying child support, and neither party can complete their
19 mandated requirements without information held by the other party.
20 B. DCSS and DSS are the only parties within the County capable of fulfilling the needs for
21 information sharing that will allow for the required outcomes for families with children removed
22 from their parents.
23 The parties therefore agree as follows:
24 Article 1
25 DCSS's Responsibilities
26 1.1 Responsibilities. DCSS shall have the following responsibilities:
27 (A) Suspend activities to establish paternity or secure child support upon receipt of
28 good cause notification.
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1 (B) Upon written request, supply staff to DSS to train CaIWORKs and Medi-Cal
2 employees.
3 (C) Report to DSS, within seven (7) days, information which is necessary for the
4 determination and redetermination of eligibility, child support payments, and instances of
5 non-cooperation by CaIWORKs applicants or recipients.
6 (D) Provide Child Support Enforcement (CSE) monthly report regarding CaIWORKs
7 cases that have been identified as having child support activity.
8 (E) Coordinate pertinent information and changes regarding CSE with designated
9 DSS CaIWORKs contact.
10 (F) To the extent the DCSS has control, maintain trust accountability and records for
11 all amounts collected and transferred to DSS, which represent:
12 (1) Excess payments collected for children in Federal CalWORKs cases; and
13 (2) Payments on assigned arrears collected in non-Federal CalWORKs cases
14 after all past assistance has been recouped.
15 (G)When requested, DCSS will provide DSS with a non-custodial parent or relatives
16 name, address, phone number, social security number, employer's name and address to
17 assist in the potential placement of dependent children as required by Public Law 110-
18 351.
19 1.2 Representation. DCSS represents that it is qualified, ready, willing, and able to
20 perform all of the services provided in this Agreement.
21 1.3 Compliance with Laws. DCSS, its officers, consultants, subcontractors, agents, and
22 employees shall, at its own cost, comply with all applicable federal, state, and local laws and
23 regulations in the performance of its obligations under this Agreement, including but not limited
24 to workers compensation, labor, and confidentiality laws and regulations.
25 1.4 Additionally, DCSS shall provide all services in accordance with the State of
26 California's Social Services Manual of Policies and Procedures, Eligibility and Assistance
27 Standards, incorporated herein by this reference.
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1 Article 2
2 DSS's Responsibilities
3 2.1 Responsibilities. DSS shall have the following responsibilities:
4 (A) Complete all notices regarding Agreements for Child, Spousal, and Medical
5 Support; all referral documents to DCSS; and update CaISAWS's electronic referrals
6 interface.
7 (B) Update CaISAWS/CSE interface when there is a change in the case number,
8 family budget unit (FBU), or payee.
9 (C) Determine "Good Cause" for refusal to cooperate in the enforcement of child
10 support or the determination of paternity by an applicant for or recipient of CaIWORKs
11 and Medi-Cal.
12 (D)Transmit all referrals for child support to DCSS pursuant to section 17415 (a) of
13 the Family Code. All new CalWORKs and Medi-Cal applicants, including existing
14 CalWORKs and Medi-Cal applicants with new Absent Parents, shall be sent to DCSS.
15 New applicants shall be sent to DCSS within five (5) days of applications, unless DSS
16 has determined good cause.
17 (E) Advise the client to immediately notify DCSS when a client may have received
18 direct child support payments.
19 (F) Provide DCSS with access to all aid paid or adjusted in a calendar month data
20 from CaISAWS System via integrated claim process.
21 (G)Provide DCSS access to CaIWORKs records and payment data to include all
22 integrated claims, daily issued benefits, and case file folders so that unreimbursed
23 assistance amounts may be calculated.
24 (H) Notify DCSS of any changes that will impact daily processing so DCSS can make
25 timely program changes.
26 (1) Provide DCSS access to daily CaISAWS processes of the before and after image
27 transaction files for proper update of required CaIWORKs data for CSE interface.
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1 (J) Provide pertinent information regarding the Child Welfare database system and
2 CaISAWS to DCSS staff as needed.
3 Article 3
4 Compensation, Invoices, and Payments
5 3.1 Neither party will be compensated for any services performed to carry out the duties
6 listed in this Inter-Departmental Agreement.
7 Article 4
8 Term of Agreement
9 4.1 Term. This Inter-Departmental Agreement is effective on the 1st day of November,
10 2024, and terminates on the 30th day of September, 2029, except as provided in Article 5,
11 "Termination and Suspension," below.
12 Article 5
13 Termination and Suspension
14 5.1 Termination without Cause. DSS or DCSS may terminate this Agreement by giving
15 at least thirty (30) days advance written notice to the other party.
16 5.2 No Penalty or Further Obligation. Any termination of this Agreement by DSS under
17 this Article 5 is without penalty to or further obligation of DSS.
18 5.3 Active Cases. Any termination of this Inter-Departmental agreement shall not affect
19 any active cases service pursuant to this Inter-Departmental Agreement, which shall be handled
20 to their conclusion by DCSS.
21 Article 6
22 Inspections, Audits, Record Maintenance, and Public Records
23 6.1 Record Establishment and Maintenance. DCSS shall establish and maintain
24 records in accordance with those requirements prescribed by DSS, with respect to all matters
25 covered by this Agreement.
26 (A) DCSS shall retain all fiscal books, account records and client files for services
27 performed under this Agreement for at least five (5) years from date of case closure or
28 until all State and Federal audits are completed for that fiscal year, whichever is later.
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1 (B) DSS shall retain the CaISAWs Case financial information forms (or equivalent
2 documents)for a five (5) year period after case closure in cases DCSS had identified as
3 having child support activity.
4 (C) DSS shall notify DCSS in writing within thirty (30) days of any potential State or
5 Federal audit exception discovered during an examination. Where findings indicate that
6 program requirements are not being met and State or Federal participation in this
7 program may be imperiled in the event that corrections are not accomplished by DCSS
8 within thirty (30) days of receipt of such notice from DSS, written notification thereof shall
9 constitute DSS's intent to terminate this Agreement.
10 6.2 Public Records. DSS is not limited in any manner with respect to its public
11 disclosure of this Agreement or any record or data that DCSS may provide to DSS. DSS's
12 public disclosure of this Agreement or any record or data that DCSS may provide to DSS may
13 include but is not limited to the following:
14 (A) DSS may voluntarily, or upon request by any member of the public or
15 governmental agency, disclose this Agreement to the public or such governmental
16 agency.
17 (B) DSS may voluntarily, or upon request by any member of the public or
18 governmental agency, disclose to the public or such governmental agency any record or
19 data that DCSS may provide to DSS, unless such disclosure is prohibited by court order.
20 (C)This Agreement, and any record or data that DCSS may provide to DSS, is
21 subject to public disclosure under the Ralph M. Brown Act (California Government Code,
22 Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950).
23 (D)This Agreement, and any record or data that DCSS may provide to DSS, is
24 subject to public disclosure as a public record under the California Public Records Act
25 (California Government Code, Title 1, Division 7, Chapter 3.5, beginning with section
26 6250) ("CPRA").
27 (E) This Agreement, and any record or data that DCSS may provide to DSS, is
28 subject to public disclosure as information concerning the conduct of the people's
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1 business of the State of California under California Constitution, Article 1, section 3,
2 subdivision (b).
3 (F) Any marking of confidentiality or restricted access upon or otherwise made with
4 respect to any record or data that DCSS may provide to DSS shall be disregarded and
5 have no effect on DSS's right or duty to disclose to the public or governmental agency
6 any such record or data.
7 (G)Notwithstanding sections A-F above, any information protected by law shall not
8 be subject to public disclosure.
9 6.3 Public Records Act Requests. If DSS receives a written or oral request under the
10 CPRA to publicly disclose any record that is in DCSS's possession or control, and which DSS
11 has a right, under any provision of this Agreement or applicable law, to possess or control, then
12 DSS may demand, in writing, that DCSS deliver to DSS, for purposes of public disclosure, the
13 requested records that may be in the possession or control of DCSS. Within five (5) business
14 days after DSS's demand, DCSS shall (a) deliver to DSS all of the requested records that are in
15 DCSS's possession or control, together with a written statement that DCSS, after conducting a
16 diligent search, has produced all requested records that are in DCSS's possession or control, or
17 (b) provide to DSS a written statement that DCSS, after conducting a diligent search, does not
18 possess or control any of the requested records. DCSS shall cooperate with DSS with respect
19 to any DSS demand for such records. If DCSS wishes to assert that any specific record or data
20 is exempt from disclosure under the CPRA or other applicable law, it must deliver the record or
21 data to DSS and assert the exemption by citation to specific legal authority within the written
22 statement that it provides to DSS under this section. DCSS's assertion of any exemption from
23 disclosure is not binding on DSS, but DSS will give at least ten (10) days' advance written notice
24 to DCSS before disclosing any record subject to DCSS's assertion of exemption from
25 disclosure. DCSS shall indemnify DSS for any court-ordered award of costs or attorney's fees
26 under the CPRA that results from DCSS's delay, claim of exemption, failure to produce any
27 such records, or failure to cooperate with DSS with respect to any DSS demand for any such
28 records.
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1 Article 7
2 Medi-Cal Confidentiality
3 7.1 Conformance with Laws: All services performed by DCSS under this Agreement
4 shall be in strict conformance with all applicable Federal, State of California, and/or local laws
5 and regulations relating to confidentiality. DCSS shall require its employees, agents, officers
6 and subcontractors to comply with the provisions of Sections 10850 and 14100.2 of the Welfare
7 and Institutions Code, as well as the California Department of Social Services (CDSS) Manual
8 of Policies and Procedures, Division 19-0000 and the California Department of Health Care
9 Services (DHCS) Medi-Cal Eligibility Procedures Manual, Section 2H. These Code sections
10 provide that:
11 (A) All applications and records concerning any individual made or kept by any public
12 officer or agency in connection with the administration of any provision of the Welfare
13 and Institutions Code relating to Medicaid or any form of public social services for which
14 grants-in-aid are received by the State of California from the United States government
15 shall be confidential, and shall not be open to examination for any purpose not directly
16 connected with the administration of such public social services.
17 (B) No person shall publish or disclose or permit or cause to be published or
18 disclosed any list of persons receiving public social services, except as is provided by
19 law.
20 (C) No person shall publish, disclose, or use, or permit or cause to be published,
21 disclosed, or used any confidential information pertaining to an applicant or recipient,
22 except as is provided by laws.
23 (D) DCSS shall inform all of its employees, agents, officers and subcontractors of the
24 above provisions and that any person knowingly and intentionally violating such
25 provisions is guilty of a misdemeanor.
26 (E) In addition, DCSS, its employees, agents, and officers shall comply, and require
27 all of its subcontractors to comply, with (1) the DHCS Medi-Cal Privacy and Security
28 Agreement between the California DHCS and The County of Fresno that is then in
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1 effect, and (2) the Privacy and Security Agreement between the CDSS and the County
2 of Fresno that is then in effect, both of which together shall be referred to in this section
3 as "the Agreements" and are incorporated herein by this reference. The current versions
4 of both the DHCS and CDSS Privacy and Security agreements are available upon
5 request or can be viewed at: https://www.fresnocountyca.gov/Departments/Social-
6 Services/DSS-Administration/Privacy-and-Security-AgreementF F. DCSS shall insure that
7 all personally identifiable information (PII), as defined in the Agreements, concerning
8 program recipients shall be kept confidential and shall not be opened to examination,
9 publicized, disclosed, or used for any purpose not directly connected with the
10 administration of the program. DCSS shall use appropriate administrative, physical, and
11 technical safeguards to protect PII, as set forth in the Agreements. Upon discovery of a
12 breach, security incident, intrusion, or unauthorized access, use, or disclosure of PII,
13 DCSS shall immediately report the incident to DSS by calling (559) 600-2300 or emailing
14 the privacy mailbox at dssprivacyincident(a)_fresnocountyca.gov. DCSS shall certify that
15 all employees, agents, officers and subcontractors have received privacy and security
16 training before accessing any PII and have received refresher training annually, as
17 required by the Agreements.
18 Article 8
19 General Terms
20 8.1 Modification. Except as provided in Article 5, "Termination and Suspension," this
21 Agreement may not be modified, and no waiver is effective, except by written consent by both
22 parties. Any matters of this Inter-Departmental Agreement may be modified from time to time by
23 the written consent of all the parties without, in any way, affecting the remainder. DCSS
24 acknowledges that DSS employees have no authority to modify this Agreement except as
25 expressly provided in this Agreement.
26 8.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
27 under this Agreement without the prior written consent of the other party. Any transferee,
28 assignee or subcontractor will be subject to all applicable provisions of this Agreement, and all
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1 applicable State and Federal regulations. DCSS shall be held primarily responsible by DSS for
2 the performance of any transferee, assignee or subcontractor unless otherwise expressly
3 agreed to in writing by DSS. The use of subcontractor by DCSS shall not entitle DCSS to any
4 additional compensation than provided for under this Agreement.
5 8.3 Governing Law. The laws of the State of California govern all matters arising from
6 or related to this Agreement.
7 8.4 Days. Unless otherwise specified, "days" means calendar days.
8 8.5 Headings. The headings and section titles in this Agreement are for convenience
9 only and are not part of this Agreement.
10 8.6 Nondiscrimination. During the performance of this Agreement, DCSS shall not
11 unlawfully discriminate against any employee or applicant for employment, or recipient of
12 services, because of race, religious creed, color, national origin, ancestry, physical disability,
13 mental disability, medical condition, genetic information, marital status, sex, gender, gender
14 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
15 all applicable State of California and federal statutes and regulation.
16 8.7 No Waiver. Payment, waiver, or discharge by DSS of any liability or obligation of
17 DCSS under this Agreement on any one or more occasions is not a waiver of performance of
18 any continuing or other obligation of DCSS and does not prohibit enforcement by DSS of any
19 obligation on any other occasion.
20 8.8 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
21 between DCSS and DSS with respect to the subject matter of this Agreement, and it
22 supersedes all previous negotiations, proposals, commitments, writings, advertisements,
23 publications, and understandings of any nature unless those things are expressly included in
24 this Agreement. If there is any inconsistency between the terms of this Agreement without its
25 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
26 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
27 exhibits.
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1 8.9 No Third-Party Beneficiaries. This Agreement does not and is not intended to
2 create any rights or obligations for any person or entity except for the parties.
3 8.10 Authorized Signature. DCSS represents and warrants to DSS that:
4 (A) DCSS is duly authorized and empowered to sign and perform its obligations
5 under this Agreement.
6 (B) The individual signing this Agreement on behalf of DCSS is duly authorized to do
7 so and his or her signature on this Agreement legally binds DCSS to the terms of this
8 Agreement.
9 8.11 Counterparts. This Agreement may be signed in counterparts, each of which is an
10 original, and all of which together constitute this Agreement.
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1 The parties are signing this Agreement on the date stated in the introductory clause.
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3 County ofFresno County ofFresno
4 Department of Child Support Services Department nf Social Services
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8 Kah Gi|b��. Director 8an]la Bugay, Director
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18 For accounting use only:
19 OrgNo.: 501O
20 Account No.: 7O7O
21 Fund No.: OUO1
22 Subclass No.: 1O0OO
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