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LINKING FACTORS OF PUBLIC ASSISTANCE ELIGIBILITY 41-403 DEPRIVATION OF PARENTAL SUPPORT OR CARE Regulations

41-403 DEFINITION OF A PARENT

41-403

.1 Repealed by Manual Letter No. EAS-91-14, effective 10/1/91.

.2 Preliminary Determination of the Person Presumed to Be the Legal Parent

Determination of the identity of a child's legal father is guided by California Law contained in the Health and Safety Code, Evidence Code and Civil Code. There may be circumstances where the man who claims to be the father is, in fact, not considered the legal father. There may also be circumstances where the mother claims that a man is not the father but he is, in fact, to be considered the legal father. In cases where there is a question as to parentage concerning either parent, the matter should be referred to the District Attorney for resolution. In any case where the child is conceived out of wedlock, and there is no prior determination of paternity, the matter shall be referred to the District Attorney (see Section 43-201.1).

HANDBOOK BEGINS HERE

.21 California Civil Code Section 7010(a) provides the following condition under which a person will conclusively be considered the legal parent of a child:

.211 The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes except for actions brought pursuant to Section 270 of the Penal Code.

.22 The following California Code sections provide the circumstances under which a person is presumed to be the legal parent:

.221 Civil Code Section 7004:

(a) A man is presumed to be the natural father of a child if he meets the conditions as set forth in Section 621 of the Evidence Code or in any of the following subdivisions:

(1) He and the child's natural mother are or have been married to each other and the child is born during the marriage, or within 300 days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court.

HANDBOOK CONTINUES

CALIFORNIA-DSS-MANUAL-EAS MANUAL LETTER NO. EAS-98-03 Effective 7/1/98

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