Cal. Code Regs. tit. 22 § 2708(c)-1
EXAMPLE 1. Claimant A, a biological father, submits his wife's post partum hospital discharge orders with his claim to bond with his new child. The discharge orders list the mother's name, the child's name, gender, and date of birth.
This document alone is not sufficient to establish the father's eligibility for benefits to bond because it does not name the father as a parent. Additional documentation that identifies Claimant A as a parent of the child is required to determine eligibility for Family Temporary Disability Insurance benefits.
EXAMPLE 2. Claimant B submits a "Pre-Adoptive Agreement" obtained from a private adoption agency with the Family Temporary Disability Insurance claim. The document is on the agency's letterhead and provides the child's name and date of birth, date of placement, the adoptive parents' names and address, the social worker's name and dated signature.
Subdivision (c) of Section 2708 of the code does not specify that the adoption be final prior to establishing eligibility for benefits; it refers to placement of the child in connection with foster care or adoption. Claimant B may receive Family Temporary Disability Insurance benefits, if otherwise eligible, because the document submitted is acceptable in that it contains the critical elements, i.e., child's name and date of birth, adoptive parents' names and addresses, date of placement and the required adoption agency information.
EXAMPLE 3. Claimant C submits a "Placement Agreement" obtained from a private foster care agency with her Family Temporary Disability Insurance claim. The document is on the agency's letterhead and provides the child's name and date of birth, date of placement, the foster parents' names and address, the social worker's name and dated signature.
The document submitted is acceptable in that it contains the critical elements, i.e. child's name and date of birth, date of placement, foster parents' names and address, social worker's name and dated signature. The child's gender, foster parents' dates of birth, and the social worker's telephone number can be readily obtained, if necessary, via claimant contact if not listed on the Family Temporary Disability Insurance claim form. This claim is payable, if Claimant C is otherwise eligible.
EXAMPLE 4. Claimant D submits a "Placement Agreement" obtained from a private foster care agency with his Family Temporary Disability Insurance claim. The document is on the agency's letterhead and provides the State of California license number. The document provides the child's name and date of birth, date of placement, foster parents' names and address, social worker's name and contact numbers, and the agency director's dated signature and telephone number.
The document submitted is acceptable in that it contains the critical elements, i.e. child's name and date of birth, date of placement, foster parents' names and address, and the social worker's name and telephone number. The child's gender and foster parents' dates of birth can be readily obtained, if necessary, via claimant contact if not listed on the Family Temporary Disability Insurance claim form. In lieu of the social worker's dated signature, the agency director's dated signature is acceptable. This claim is payable, if the claimant is otherwise eligible.
EXAMPLE 5. Claimant E submits a "Placement Letter" obtained from an out-of-state Human Services Department with her Family Temporary Disability Insurance claim. The document is on the agency's letterhead and provides the child's name, gender, foster parents' names, date of placement, dated signature of the social worker, and the social worker's telephone number.
The child's date of birth, foster parents' address and dates of birth can be readily obtained, if necessary, via claimant contact if not listed on the Family Temporary Disability Insurance claim form. Although the social worker's typewritten name cannot be obtained via telephone contact, her dated signature and telephone number are sufficient for the department to determine eligibility for benefits. This claim is payable, if the claimant is otherwise eligible.
EXAMPLE 6. Claimant F submits a "Letter of Guardianship" obtained from a court of competent jurisdiction with his Family Temporary Disability Insurance claim. The "Letter of Guardianship" is acceptable proof of the relationship even though it does not contain all of the information listed in Section 2708(c) - 1(a)(1) of these regulations. The Department may grant benefits as the child's gender, social security number, and date of birth may be obtained from the Family Temporary Disability Insurance claim form or by contacting the claimant. The Letter of Guardianship together with information submitted with the claim form is acceptable documentation. The claim is payable if Claimant F is otherwise eligible.
Cal. Code Regs. Tit. 22, § 2708(c)-1
2. Amendment filed 2-6-2008; operative 3-7-2008 (Register 2008, No. 6).
3. Editorial correction of subsection (d) -- Example 5 (Register 2008, No. 39).
4. Amendment of section heading and subsections (a), (b)(1)-(b)(1)(B), (c), (c)(3), (c)(5), (d) and (d)(1) and new subsections (e)-(e)(2)(D) filed 4-25-2011; operative 5-25-2011 (Register 2011, No. 17).
5. Editorial correction of section heading (Register 2011, No. 21).
Note: Authority cited: Sections 305 and 306, Unemployment Insurance Code. Reference: Sections 2706 and 2708, Unemployment Insurance Code.
2. Amendment filed 2-6-2008; operative 3-7-2008 (Register 2008, No. 6).
3. Editorial correction of subsection (d) - Example 5 (Register 2008, No. 39).
4. Amendment of section heading and subsections (a), (b)(1)-(b)(1)(B), (c), (c)(3), (c)(5), (d) and (d)(1) and new subsections (e)-(e)(2)(D) filed 4-25-2011; operative 5-25-2011 (Register 2011, No. 17).
5. Editorial correction of section heading (Register 2011, No. 21).