Department of Child Support Services

What is POP? Paternity Opportunity Program California’s Paternity Opportunity Program (POP) provides unmarried parents the opportunity to voluntarily acknowledge and establish legal paternity without having to go to court

What is POP? Asimple system system

Federally Mandated Program All states must have a program to establish paternity voluntarily Paternity established in one state is recognized throughout the United States (Family Code Section 5604)

POP History Pilot program January 1, 1995 – Birthing hospitals and authorized agencies shall provide unmarried parents the opportunity to voluntarily acknowledge paternity January 1, 1997 – Federal regulations will not allow the father’s name on the birth certificate without paternity first being established

Establishing Paternity When parents are married, paternity is automatically established for the husband When parents are not married, paternity must be legally established for the biological father

2 Ways to Establish Paternity 1.Sign a Declaration of Paternity at the time of birth or prior to the child turning 18 2.Through the courts

Force & Effect  A completed declaration of paternity FILED with DCSS shall establish the paternity of the child and has the same force and effect as a judgment for paternity issued by a court.  Filing a Declaration of Paternity gives up the right to establish paternity in court

Force & Effect  Proof of legal paternity needed for:  Benefits (health/medical, social security)  Inheritance  School  Passport/Travel  Allows father’s name to be added to birth certificate

Witness Training Flowchart Agency Code Issued (By DCSS/POP) State POP Analysts Birthing Hospitals Midwives POP Coordinators LCSA (Local Child Support Agency) Family Law Facilitators Registrar of Births & Deaths Social Services

Who Can Witness? Birthing Hospitals (Other entities that provide prenatal services) Registrar of Births and Deaths Welfare/Social Services Local Child Support Agencies Family Law Facilitator Notary Public

Witness Responsibilities  By California Family Code; upon the event of a live birth to an unmarried mother, the hospital shall provide to the mother, and attempt to provide to the man identified as the father, a voluntary declaration of paternity and written materials.

Witness Responsibilities Explanation of parents’ rights and responsibilities must given to parents verbally and in writing by an authorized witness (Family Code Section 7572)  Written:  Purple sheet of declaration  Verbal:  DVD/VHS videos  POP phone tree  Witness reading entire purple sheet

Witness Responsibilities The mother signing the declaration should not be legally married at any time during the pregnancy or at the time she signs the CS909

Witness Responsibilities Who Do You Contact? Who Do You Contact? Paternity Related:  County POP Coordinator  POP Analyst in Sacramento Birth Certificate Related:  Office of Vital Records

Completion of CS 909  Complete All Section of form  Use black or blue ink only (No Pencil)  Cannot be signed prior to child’s birth  (Military Exception)  Complete a separate declaration for each child  Identify “Twin A” “Twin B”

Witness Responsibilities Declaration of Paternity forms must be submitted within 20 days of signing

Completion of CS909 Form   First and last name of child   Child’s date of birth   County of child’s birth   First and last name of father   First and last name of mother   Signature of father   Signature of mother   First and last name of witness   Signature of witness   Complete name and complete address of witness   Signature dates   Witness’ must match each parent’s   Section D for Notary Public Only Attachment page if necessary

Completion of CS909 Form   Mother signs 03/18/10   Father signs 03/20/10   Witness sign dates must match each parent’s accordingly   Witness signs   Identifies “mother”   Sign Date 03/18/10   Identifies “father”   Sign Date 03/20/10 One Witness/Separate Dates

Completion of CS909 Form   Mother signs 03/18/10   Father signs 03/20/10   If two witnesses, each must complete their name and must match each parent’s accordingly   1 st witness signs 03/18/10   Identifies for Mother   2 nd witness signs 03/20/10   Identifies for Father Two Witnesses/Separate Dates

Completion of CS909 Form   Father not Available at Birth   Child born on October 10, 2010   Witness and mother sign   Dates must match   Mother takes form; sends it to father   Notary Public completes Section D and father signs on 10/20/10   Dates must match   Parent’s responsible to mail to DCSS and amend birth certificate

Completion of CS909 Special Exception Military Dads

Completion of CS909 Form   Military Father utilizes Notary Public on March 20, 2010   Child due/born on May 10, 2010   Witness sign dates must match each parent’s accordingly   Notary Public completes and father signs 03/20/10   Identifies for Father   Witness signs 05/10/10   For Mother   Notary Section completed   For Father

Completion of CS909 Current Version CS909  English 12/08  Spanish 12/08

Accurate & Complete Over 165,000 Declarations filed in 2010 (3,100 +/- per week) Just over 9,000 Invalid Only 5.7%

Submitting Forms California Department of Child Support Services Paternity Opportunity Program PO Box (Agency Code*) Rancho Cordova, CA Rancho Cordova, CA * 3 digit Agency Code * 3 digit Agency Code Mail within 20 days Submit invoice per county agreement

Certified Copies For Parents Request For A Filed Declaration Of Paternity (Form CS918) Available from: Website: POP Phone Line:  Either parent may complete the form  Form must contain an “original” signature, therefore it must be MAILED to the address listed on the form

Copies For Agencies Paternity Declaration Information Request (Form CS919) Available from: POP Analyst POP Phone Line:  Form may be mailed or faxed

Rescissions/Set Asides CA Family Code Section 7575  Rescission  Set Aside Order The only way to remove a filed declaration from the database and disestablish paternity

Rescissions Declaration of Paternity Rescission Form CS 915 (4/08)  Must notify other person who signed the declaration  Must be notarized  Mailed to DCSS  Postmark must be on or before 60 days of signing  Signed certified receipt that other person who signed the form was notified must be included  Rescission available on website

Set Asides Set Asides  Form: FL-290  “Form Adopted for mandatory use Judicial Council of CA  [Rev. January 1, 2006]”  Must include child’s name and DOB  Court or LCSA must mail or fax to DCSS POP Unit  Family Code Section 7575(b)(1)

Ordering Form CS909  DCSS Publication Order Form (DCSS 0596)  (Revised 05/09)  FAX to DCSS Fulfillment Services

Flyers & Handouts Posters, Flyers and Brochures available from POP Team All handouts are available in English and Spanish Most handouts are available in Chinese, Russian, Hmong, Vietnamese and Armenian Order by sending an to

POP QUIZ!

FAQ  Can minor parents sign a CS909?  Yes

POP Quiz  Name That Famous Dad….  Homer Simpson (The Simpsons) D-oh!

FAQ  Can a CS909 be submitted if either parent died prior to signing the Declaration?  No

POP Quiz  Name That Celebrity Dad….  John Lennon

FAQ  Can the biological parents sign the CS909 if the child is going to be adopted?  Yes

POP Quiz  Name That Celebrity Dad….  Tony Bennett

FAQ  What if one parent does not want to sign?  It is a voluntary program. Refer to LCSA

POP Quiz  Name That Celebrity Dad….  Adam Sandler

FAQ  Can a parent use a mark or symbol as a signature?  Yes

POP Quiz  Name That Celebrity Dad….  David Beckham

FAQ  Can father sign if he is legally married?  Yes

POP Quiz  Name That Celebrity Dad….  Jack Nicholson and ?

FAQ  Can CS909 be signed if the child dies after birth?  Yes

POP Quiz  Name That Celebrity Dad….  Bruce Willis

FAQ  Can a CS909 be completed if child is over 18?  No.  Recommend parents go to court.  POP Letter 08-03

POP Quiz  Name That Celebrity Dad….  Ben Affleck

FAQ  Can mother sign if she is legally separated?  No

POP Quiz  Name That Celebrity Dad….  Usher

FAQ  Can a father sign the CS909 prior to the child’s birth if he is going to Boot Camp or has received a military assignment?  Yes. Attach orders.

POP Quiz  Name That Celebrity Dad….  Keith Urban

FAQ  Can a POP be signed by the parents of a 5 year old?  Yes

POP Quiz  Name That Celebrity Dad….  Matthew McConaughey

FAQ  Can a POP be signed if the mother was not married at the time of birth, but is now married?  No.  POP Letter 08-03

POP Quiz  Name That Celebrity Dad….  Donald Trump

FAQ  Does the Paternity Opportunity Program provide DNA testing?  No. Refer to LCSA

POP Quiz  Name That Celebrity Dad….  Brad Pitt

FAQ  Can the mother sign the POP form and take it to the father to sign?  Yes. HOWEVER:  Identify witnessing mother only  No father’s name on birth certificate  Father must also have witness

POP Quiz  Name That Famous Dad….  Mufasa

POP Quiz  Name That Famous Dad….  Andy Taylor (The Andy Griffith Show)

POP Quiz  Name That Famous Dad….  Cliff Huxtable (The Cosby Show) (The Cosby Show)

QUESTIONS?

State POP Analyst Analyn Siador State POP Analyst Tracy McCabe State POP Analyst Colynn McConnell State POP Analyst Jack Lane