This ACWDL addresses applications from non-custodial parents in both the Medi-Cal and Healthy Families Programs. It notes that Title 22 CCR §50143 permits anyone to make an application for a child who needs Medi-Cal.

However, §50163(a)(1) states: "Generally, the person or agency having legal responsibility for the child shall complete and sign the Statement of Facts" (i.e. SAWS 2 or MC210.) While the non-custodial parent has the right to make a Medi-Cal application for the child, such non-custodial parent may not complete the Statement of Facts unless the custodial parent is incompetent, comatose or suffering from amnesia.

If the non-custodial parent completes the SAWS 1 application, the county must send the Statement of Facts to the custodial parent if such parent is competent. The date of the Medi-Cal application is the date the SAWS 1 or other application signed by the non-custodial parent is received by the county.

The county will send notices and benefits to the custodial parent. If the non-custodial parent completes the SAWS 1, but the custodial parent fails to return the applicable Statement of Facts, the county will send the denial notice of action to the non-custodial parent.