CSE for attorneys Digitized signatures Imaging in CSE Guideline calculator How to “FIX” CSE Resources for attorneys PRESENTER: Adele Hendrickson, Tuolumne County DCSS

Digitized signatures

STATUTORY AUTHORITY Family Code 17400(b): Family Code 17400(b): (2) Notwithstanding any other law, and except for pleadings or documents that must be signed under penalty of perjury, a local child support agency may substitute original signatures with any form of electronic signatures, including but not limited to typed or digital or facsimile images of signatures, digital signatures, or other computer generated signatures on pleadings filed for the purpose of establishing, modifying and enforcing paternity, child support or medical support. Any substituted signature used by a local child support agency shall have the same effect as an original signature, including but not limited to, the requirements of Section of the Code of Civil Procedure. (2) Notwithstanding any other law, and except for pleadings or documents that must be signed under penalty of perjury, a local child support agency may substitute original signatures with any form of electronic signatures, including but not limited to typed or digital or facsimile images of signatures, digital signatures, or other computer generated signatures on pleadings filed for the purpose of establishing, modifying and enforcing paternity, child support or medical support. Any substituted signature used by a local child support agency shall have the same effect as an original signature, including but not limited to, the requirements of Section of the Code of Civil Procedure.

Signature to be used: ALL OR NONE Signature to be used: ALL OR NONE Legal documents on which digitized signatures appear Legal documents on which digitized signatures appear Handout: Signature image upload and loading process Handout: Signature image upload and loading process Issues with documents to be recorded: some recorder offices in counties require signature of attorney to be on file in their office before they will accept digitized signature on documents. Examples: Butte and Napa Issues with documents to be recorded: some recorder offices in counties require signature of attorney to be on file in their office before they will accept digitized signature on documents. Examples: Butte and Napa

Imaging in CSE

Imaging guidelines Types and terminology Types and terminology Converted images: CoStars images for open cases and cases closed 1 year prior to cutover Converted images: CoStars images for open cases and cases closed 1 year prior to cutover “Day forward”: all documents imaged in CSE or scanned (Central print or locally) “Day forward”: all documents imaged in CSE or scanned (Central print or locally) “Back-filing”: closed cases not brought over in conversion “Back-filing”: closed cases not brought over in conversion Case data for cases in CoStars images not converted: archived Case data for cases in CoStars images not converted: archived Handout: CSS Letter errata: Statewide Document Imaging Standards Handout: CSS Letter errata: Statewide Document Imaging Standards

How documents are imaged System generated System generated NOTE: not all CSE documents are digitally imaged on creation in CSE. Examples: DCSS Request for copies of court documents, DCSS-0184—Approval of proposed judgment to attorney. NOTE: not all CSE documents are digitally imaged on creation in CSE. Examples: DCSS Request for copies of court documents, DCSS-0184—Approval of proposed judgment to attorney. Central Scan Central Scan Local staff process and send to Central Scan Local staff process and send to Central Scan Central scan: 2-day turnaround time for imaging Central scan: 2-day turnaround time for imaging Original document is destroyed Original document is destroyed Local scan Local scan Local staff scan & upload Local staff scan & upload Can associate to legal activity if document is a pleading which can be generated in CSE Can associate to legal activity if document is a pleading which can be generated in CSE

How long images remain in CSE Governed by 22 CFR § Record Retention. Governed by 22 CFR § Record Retention. All closed Title IV-D case records shall be retained for four years and four months from the date of case closure, except case records that are the subject of any of the following, which shall be retained until the closure of: (a) An open federal or State audit. (b) A pending civil litigation, or a court order requiring such records be maintained for an extended period. All closed Title IV-D case records shall be retained for four years and four months from the date of case closure, except case records that are the subject of any of the following, which shall be retained until the closure of: (a) An open federal or State audit. (b) A pending civil litigation, or a court order requiring such records be maintained for an extended period. Note: Authority cited: Sections 17306, and 17312, Family Code. Reference: 45 Code of Federal Regulations, Sections and (d). Note: Authority cited: Sections 17306, and 17312, Family Code. Reference: 45 Code of Federal Regulations, Sections and (d). CoStars archived images CoStars archived images CSE purge of images CSE purge of images

Unresolved imaging issues What documents should be kept and why: What documents should be kept and why: Litigation purposes Litigation purposes Complaint resolution Complaint resolution If available from another source [e.g., recorders, welfare, courts. NOTE: See Government Code sections et seq. re court records retention period] If available from another source [e.g., recorders, welfare, courts. NOTE: See Government Code sections et seq. re court records retention period] Who decides?: Limited to documents in CSS 07-13? local discretion? Who decides?: Limited to documents in CSS 07-13? local discretion?

Guideline Calculator

Background Federal certification requirement Federal certification requirement Role of commissioners in development of changes Role of commissioners in development of changes Hand-out: California Child Support Guideline Calculator business needs

Review of releases V2.2.9 (9/21/08): includes court access to CSE V2.2.9 (9/21/08): includes court access to CSE V2.3 (10/19/08) V2.3 (10/19/08) V2.3.1 (11/23/08) V2.3.1 (11/23/08) V2.3.2 (12/14/08 V2.3.2 (12/14/08 V2.3.3 (1/18/09) V2.3.3 (1/18/09) Handout: Release planning document

COURT ACCESS TO CSE Handout: GC Court Implementation Schedule

CSE Security Awareness Training Preliminary to access Preliminary to access Review of elements of CSE pages viewed and what information is confidential: FVI indicator and party information Review of elements of CSE pages viewed and what information is confidential: FVI indicator and party information Business “need to know” Business “need to know” Conflict of interest declaration Conflict of interest declaration Monitoring and consequences of non-compliance Monitoring and consequences of non-compliance Annual training required Annual training required

Security role: Court user 3 levels of security Add/modify own Add/modify own County cases County cases Add/modify other Add/modify other County cases County cases View all county View all county cases cases Security roles and access controlled by AOC

Search criteria is court case number & county

Search results will show all CSE cases associated with the court case number

Court can access an existing court-created calculation or ADD a new one Court will initially see ALL calculations of DCSS and LIMITED calculations of courts based on their security level

Calculations created by Court Users Viewable by… Court Users LCSA Users DRAFTYesNo ACTIVEYesYes INACTIVEYesNo HISTORICYesYes

Calculations created by LCSA Users Viewable by… Court Users LCSA Users DRAFTYesYes ACTIVEYesYes INACTIVEYesYes HISTORICYesYes

In process: RFC restricting calculations created by either Viewable by… Court Users LCSA Users DRAFTNoNo ACTIVEYesYes INACTIVENoNo HISTORICYesYes

Access limited to Home Page & Guideline Support Calculation pages

Results if access attempted on any link other than a GLC which they are entitled to view

Court process In court, Court Officer will either save their existing draft as ACTIVE or create a new calculation In court, Court Officer will either save their existing draft as ACTIVE or create a new calculation Court will provide calculation reason which identifies the calculation Court will provide calculation reason which identifies the calculation Court canNOT add participants to case Court canNOT add participants to case Court canNOT modify court captions or court case numbers Court canNOT modify court captions or court case numbers

Role of LCSA in court use of CSE Reformatting court caption number in CSE to conform to court record to facilitate court search. If the court formats numbers differently than the way they have been entered in CSE, they can be modified in CSE. The court case number is not the key identifier between legal actions, so slight modifications of court case numbers will do no harm. For example, if a court case number is PS-1234, but it has been entered in CSE with spaces on both sides of the dash, it may need to be modified, removing the spaces. Enter case numbers according to the court’s preferred format. Adding children in CSE which are not part of the active case but which are needed for an accurate calculation. A checklist is being developed that can be used in court during a hearing to add a child to CSE. Linking court active guideline calculation to the court order in CSE

Rule 5.275, effective 1/1/09 Rule Standards for computer software to assist in determining support ….. (j) Acceptability in the courts (1) In all title IV-D proceedings, parties and attorneys must use the (1) In all title IV-D proceedings, parties and attorneys must use the Department of Child Support Services’ California Guideline Child Department of Child Support Services’ California Guideline Child Support Calculator to calculate proposed support. The court must use only the Department of Child Support Services’ California Guideline Child Support Calculator to prepare support calculations and as the basis for its findings. (2) In all non-Title IV-D proceedings, the court must permit parties or attorneys to use any software certified by the Judicial Council under this rule. NOTE: Rule is applicable to private counsel, Family Court Facilitators, litigants Public comment to Rule

GLC practice pointers

GLC Practice pointer: standard language for generation reason GenerationReason

Generation Reasons Initial S&C Amended Prop J or APJ Amended S&C Supp S&C R&A – preliminary calculation R&A – for NOM to be filed R&A xx% visitation (example where there are multiple GCs for a case with only visitation time variations) Prep for HRG on xx/xx/xx Prep for HRG on xx/xx/xx xx% visitation HRG xx/xx/xx CSEGC (where GC was created in court and is or will be attached to an order/judgment) HRG xx/xx/xx RECALC (where another calculator is used for the order and recalculation is necessary. This includes the use of the public calculator by the court.)

GLC Practice pointer: use standardized log format to enter notes re calculations Activity type: Miscellaneous Category: Legal Subcategory: Guideline calculation Handout Handout: Section from Tuolumne County Procedure Manual on Support Calculated Activity log

HOW TO “FIX” CSE Funding & timeframe Funding & timeframe Automation funding cap Automation funding cap APDU: annual versus “as needed” APDU: annual versus “as needed” WAD: “Defect” versus “change” versus “enhancement” WAD: “Defect” versus “change” versus “enhancement” Usability issues Usability issues Handout: Identified issues which are being incorporated in change requests (CRs) CMCC process CMCC process General: RFC: request for consideration General: RFC: request for consideration Workgroups Workgroups Legal/courts Legal/courts Forms Forms Case management Case management

RESOURCES FOR ATTORNEYS CSDA CSDA Website: Website: Attorney College Attorney College CSDA Legal Practices Committee CSDA Legal Practices Committee CSDA PIQ process CSDA PIQ process Child Support Central: Child Support Central: DCSS Attorneys Forums: DCSS Attorneys Forums: Handout: CSE Reference materials Handout: CSE Reference materials

Q&A Contact information: Adele Hendrickson (209)