BILL NUMBER: AB 1704	CHAPTERED  08/30/04

	CHAPTER  339
	FILED WITH SECRETARY OF STATE  AUGUST 30, 2004
	APPROVED BY GOVERNOR  AUGUST 27, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 29, 2004
	AMENDED IN SENATE  JUNE 15, 2004
	AMENDED IN SENATE  MAY 27, 2004
	AMENDED IN SENATE  MAY 24, 2004
	AMENDED IN ASSEMBLY  JANUARY 15, 2004

INTRODUCED BY   Committee on Judiciary (Corbett (Chair), Harman (Vice
Chair), Dutra, Hancock, Jackson, Laird, Longville, Montanez,
Steinberg, and Vargas)

                        FEBRUARY 26, 2003

   An act to amend Section 724.060 of the Code of Civil Procedure, to
amend Sections 4014, 4202, 5002, 17400, 17406, 17432, and 17500 of,
and to add Section 5003 to, the Family Code, to amend Section 27282
of the Government Code, to amend Section 19271.6 of the Revenue and
Taxation Code, and to amend Section 827 of the Welfare and
Institutions Code, relating to family law.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1704, Committee on Judiciary.  Family law:  local child support
agencies.
   (1) Existing law specifies the information to be contained in an
acknowledgment of satisfaction of judgment.
   This bill would authorize a local child support agency director or
his or her designee to execute and acknowledge an acknowledgment of
satisfaction of judgment if the agency has been providing child
support services, as specified, to be recorded pursuant to paragraph
(1).
   (2) Existing law sets forth the required informational contents of
judgments for paternity and orders for child support.
   This bill would make those requirements inapplicable in cases in
which a local child support agency is providing child support
services, and would make related changes.
   (3) Existing law authorizes a local child support agency to serve
a respondent with a form of a proposed judgment specifying his or her
presumed income if the actual income is not known to the agency.
   This bill would revise the determination of that presumed income.

   (4) Existing law authorizes hearings regarding support orders that
involve an out-of-state party to be conducted by telephone
conference or other remote means.
   This bill would extend this authorization to instances in which
both parents reside in California, and would require the Judicial
Council to adopt rules of court regarding such hearings on or before
July 1, 2005.
   (5) Existing law provides that once a parent has requested or is
receiving support enforcement services, a local child support agency
or the Attorney General is required to serve on a parent all child
support pleadings served on the agency, as specified.
   This bill would impose a state-mandated local program by extending
this requirement to paternity pleadings served on a local child
support agency.  The bill would also apply to paternity pleadings
served on the Attorney General.
   (6) Existing law authorizes a court, on terms that may be just, to
relieve a defendant from that part of a judgment or order concerning
the amount of child support to be paid in an action filed by a local
child support agency.
   This bill would specify that a court may set aside that part of
the judgment or order, and require the Judicial Council to revise
related forms effective July 1, 2005.
   (7) Existing law authorizes certain documents to be recorded
without acknowledgment, certificate of acknowledgment, or further
proof.
   This bill would authorize to be recorded under these provisions a
notice of support judgment and other specified documents completed
and recorded by a local child support agency or a state agency acting
pursuant to specified provisions of the federal Social Security Act.

   (8) Existing law authorizes each trial court to establish and
appoint any subordinate judicial officers that are deemed necessary
for the performance of subordinate judicial duties, and provides
that, as of a specified date, all persons who were authorized to
serve as subordinate judicial officers are authorized to serve as
subordinate judicial officers at their existing salary rate, which
may be a percentage of the salary of a judicial officer.
   This bill would provide that certain child support commissioners
shall receive a salary equal to 85% of a superior court judge's
salary.
   (9) Existing law authorizes a support obligor to apply for a claim
of exemption from a levy by the Franchise Tax Board, as specified.
   This bill would limit that authorization to specified instances in
which the support obligor is in compliance with scheduled payments
on child support arrearages.
   (10) Existing law specifies the persons who may inspect a case
file with respect to juvenile court proceedings.
   This bill would add to the list of persons so authorized, a local
child support agency for purposes of establishing paternity and
establishing and enforcing child support orders.
   (11) This bill would also incorporate further amendments to
Section 827 of the Welfare and Institutions Code proposed by AB 2228,
contingent upon its prior enactment.
  (12) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 724.060 of the Code of Civil Procedure is
amended to read:
   724.060.  (a) An acknowledgment of satisfaction of judgment shall
contain the following information:
   (1) The title of the court.
   (2) The cause and number of the action.
   (3) The names and addresses of the judgment creditor, the judgment
debtor, and the assignee of record if any.  If an abstract of the
judgment has been recorded in any county, the judgment debtor's name
shall appear on the acknowledgment of satisfaction of judgment as it
appears on the abstract of judgment.
   (4) The date of entry of judgment and of any renewals of the
judgment and where entered in the records of the court.
   (5) A statement either that the judgment is satisfied in full or
that the judgment creditor has accepted payment or performance other
than that specified in the judgment in full satisfaction of the
judgment.
   (6) A statement whether an abstract of the judgment has been
recorded in any county and, if so, a statement of each county where
the abstract has been recorded and the book and page of the county
records where the abstract has been recorded, and a notice that the
acknowledgment of satisfaction of judgment (or a court clerk's
certificate of satisfaction of judgment) will have to be recorded
with the county recorder of each county where the abstract of
judgment has been recorded in order to release the judgment lien on
real property in that county.
   (7) A statement whether a notice of judgment lien has been filed
in the office of the Secretary of State and, if such a notice has
been filed, a statement of the file number of such notice, and a
notice that the acknowledgment of satisfaction of judgment (or a
court clerk's certificate of satisfaction of judgment) will have to
be filed in that office in order to terminate the judgment lien on
personal property.
   (b) The acknowledgment of satisfaction of judgment shall be made
in the manner of an acknowledgment of a conveyance of real property.

   (c) The acknowledgment of satisfaction of judgment shall be
executed and acknowledged by one of the following:
   (1) The judgment creditor.
   (2) The assignee of record.
   (3) The attorney for the judgment creditor or assignee of record
unless a revocation of the attorney's authority is filed.
   (4) The local child support agency director or his or her
designee, if the local child support agency has been providing child
support services pursuant to Section 17400 of the Family Code.  The
acknowledgment of satisfaction of judgment may be recorded by the
local child support agency pursuant to Section 27282 of the
Government Code.
  SEC. 2.  Section 4014 of the Family Code is amended to read:
   4014.  (a) Any order for child support issued or modified pursuant
to this chapter shall include a provision requiring the obligor and
child support obligee to notify the other parent or, if the order
requires payment through an agency designated under Title IV-D of the
Social Security Act (42 U.S.C. Sec. 651, et seq.), the agency named
in the order, of the name and address of his or her current employer.

   (b) The requirements set forth in this subdivision apply only in
cases in which the local child support agency is not providing child
support services pursuant to Section 17400.  To the extent required
by federal law, and subject to applicable confidentiality provisions
of state or federal law, any judgment for paternity and any order for
child support entered or modified pursuant to any provision of law
shall include a provision requiring the child support obligor and
obligee to file with the court all of the following information:
   (1) Residential and mailing address.
   (2) Social security number.
   (3) Telephone number.
   (4) Driver's license number.
   (5) Name, address, and telephone number of the employer.
   (6) Any other information prescribed by the Judicial Council.
   The judgment or order shall specify that each parent is
responsible for providing his or her own information, that the
information must be filed with the court within 10 days of the court
order, and that new or different information must be filed with the
court within 10 days after any event causing a change in the
previously provided information.
   (c) The requirements set forth in this subdivision shall only
apply in cases in which the local child support agency is not
providing child support services pursuant to Section 17400.  Once the
child support registry, as described in Section 16576 of the Welfare
and Institutions Code is operational, any judgment for paternity and
any order for child support entered or modified pursuant to any
provision of law shall include a provision requiring the child
support obligor and obligee to file and keep updated the information
specified in subdivision (b) with the child support registry.
   (d) The Judicial Council shall develop forms to implement this
section.  The forms shall be developed so as not to delay the
implementation of the Statewide Child Support Registry described in
Section 16576 of the Welfare and Institutions Code and shall be
available no later than 30 days prior to the implementation of the
Statewide Child Support Registry.
  SEC. 3.  Section 4202 of the Family Code is amended to read:
   4202.  (a) Notwithstanding any other provision of law, in a
proceeding where the custodial parent resides in one county and the
parent ordered to pay support resides in another county, the court
may direct payment to be made to the county officer designated by the
court for those purposes in the county of residence of the custodial
parent, and may direct the local child support agency of either
county to enforce the order.
   (b)  If the court directs the local child support agency of the
county of residence of the noncustodial parent to enforce the order,
the expenses of the local child support agency with respect to the
enforcement is a charge upon the county of residence of the
noncustodial parent.
  SEC. 4.  Section 5002 of the Family Code is amended to read:
   5002.  (a) In an action pursuant to this chapter prosecuted by the
local child support agency or the Attorney General that is initiated
by service of summons and petition or other comparable pleading, the
respondent may also be served with a proposed judgment consistent
with the relief sought in the petition or other comparable pleading.
If the respondent's income or income history is unknown to the local
child support agency, the local child support agency may serve a
form of proposed judgment with the petition and other documents on
the respondent that shall inform the respondent that income shall be
presumed to be the amount of the minimum wage, at 40 hours per week,
established by the Industrial Welfare Commission pursuant to Section
1182.11 of the Labor Code, unless information concerning the
respondent's income is provided to the court.  The respondent shall
also receive notice that the proposed judgment will become effective
if he or she fails to file a response with the court within 30 days
after service.
   (b) In any action pursuant to this chapter in which the judgment
was obtained pursuant to presumed income, as set forth in this
section, the court may set aside that part of the judgment or order
concerning the amount of child support to be paid on the grounds
specified and in the manner set forth in Section 17432.
  SEC. 5.  Section 5003 is added to the Family Code, to read:
   5003.  The Judicial Council shall adopt court rules implementing
the provisions of subdivision (f) of Section 4930 regarding hearings
by telephone, audiovisual means, or other electronic means on or
before July 1, 2005. Hearings by telephone, audiovisual means, or
other electronic means shall also be permitted in child support cases
in which the local child support agency is providing child support
services, but both of the parents reside in California, provided that
the hearings are conducted in accordance with the rules of court
adopted pursuant to this section.
  SEC. 6.  Section 17400 of the Family Code is amended to read:
   17400.  (a) Each county shall maintain a local child support
agency, as specified in Section 17304, that shall have the
responsibility for promptly and effectively establishing, modifying,
and enforcing child support obligations, including medical support,
enforcing spousal support orders established by a court of competent
jurisdiction, and determining paternity in the case of a child born
out of wedlock.  The local child support agency shall take
appropriate action, including criminal action in cooperation with the
district attorneys, to establish, modify, and enforce child support
and, when appropriate, enforce spousal support orders when the child
is receiving public assistance, including Medi-Cal, and, when
requested, shall take the same actions on behalf of a child who is
not receiving public assistance, including Medi-Cal.
   (b) Notwithstanding Sections 25203 and 26529 of the Government
Code, attorneys employed within the local child support agency may
direct, control, and prosecute civil actions and proceedings in the
name of the county in support of child support activities of the
Department of Child Support Services and the local child support
agency.
   (c) Actions brought by the local child support agency to establish
paternity or child support or to enforce child support obligations
shall be completed within the time limits set forth by federal law.
The local child support agency's responsibility applies to spousal
support only where the spousal support obligation has been reduced to
an order of a court of competent jurisdiction.  In any action
brought for modification or revocation of an order that is being
enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.), the effective date of the modification or revocation
shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or
any subsequent date.
   (d) (1) The Judicial Council, in consultation with the department
and representatives of the California Family Support Council, the
Senate Committee on Judiciary, the Assembly Committee on Judiciary,
and a legal services organization providing representation on child
support matters, shall develop simplified summons, complaint, and
answer forms for any action for support brought pursuant to this
section or Section 17404.  The Judicial Council may combine the
summons and complaint in a single form.
   (2) The simplified complaint form shall provide notice of the
amount of child support that is sought pursuant to the guidelines set
forth in Article 2 (commencing with Section 4050) of Chapter 2 of
Part 2 of Division 9 based upon the income or income history of the
support obligor as known to the local child support agency.  If the
support obligor's income or income history is unknown to the local
child support agency, the complaint shall inform the support obligor
that income shall be presumed to be the amount of the minimum wage,
at 40 hours per week, established by the Industrial Welfare
Commission pursuant to Section 1182.11 of the Labor Code unless
information concerning the support obligor's income is provided to
the court.  The complaint form shall be accompanied by a proposed
judgment.  The complaint form shall include a notice to the support
obligor that the proposed judgment will become effective if he or she
fails to file an answer with the court within 30 days of service.
Except as provided in paragraph (2) of subdivision (a) of Section
17402, if the proposed judgment is entered by the court, the support
order in the proposed judgment shall be effective as of the first day
of the month following the filing of the complaint.
   (3) (A) The simplified answer form shall be written in simple
English and shall permit a defendant to answer and raise defenses by
checking applicable boxes.  The answer form shall include
instructions for completion of the form and instructions for proper
filing of the answer.
   (B) The answer form shall be accompanied by a blank income and
expense declaration or simplified financial statement and
instructions on how to complete the financial forms.  The answer form
shall direct the defendant to file the completed income and expense
declaration or simplified financial statement with the answer, but
shall state that the answer will be accepted by a court without the
income and expense declaration or simplified financial statement.
   (C) The clerk of the court shall accept and file answers, income
and expense declarations, and simplified financial statements that
are completed by hand provided they are legible.
   (4) (A) The simplified complaint form prepared pursuant to this
subdivision shall be used by the local child support agency or the
Attorney General in all cases brought under this section or Section
17404.
   (B) The simplified answer form prepared pursuant to this
subdivision shall be served on all defendants with the simplified
complaint.  Failure to serve the simplified answer form on all
defendants shall not invalidate any judgment obtained.  However,
failure to serve the answer form may be used as evidence in any
proceeding under Section 17432 of this code or Section 473 of the
Code of Civil Procedure.
   (C) The Judicial Council shall add language to the governmental
summons, for use by the local child support agency with the
governmental complaint to establish parental relationship and child
support, informing defendants that a blank answer form should have
been received with the summons and additional copies may be obtained
from either the local child support agency or the superior court
clerk.
   (e) In any action brought or enforcement proceedings instituted by
the local child support agency pursuant to this section for payment
of child or spousal support, an action to recover an arrearage in
support payments may be maintained by the local child support agency
at any time within the period otherwise specified for the enforcement
of a support judgment, notwithstanding the fact that the child has
attained the age of majority.
   (f) The county shall undertake an outreach program to inform the
public that the services described in subdivisions (a) to (c),
inclusive, are available to persons not receiving public assistance.
There shall be prominently displayed in every public area of every
office of the agencies established by this section a notice, in clear
and simple language prescribed by the Director of Child Support
Services, that the services provided in subdivisions (a) to (c),
inclusive, are provided to all individuals, whether or not they are
recipients of public assistance.
   (g) (1) In any action to establish a child support order brought
by the local child support agency in the performance of duties under
this section, the local child support agency may make a motion for an
order effective during the pendency of that action, for the support,
maintenance, and education of the child or children that are the
subject of the action.  This order shall be referred to as an order
for temporary support.  This order has the same force and effect as a
like or similar order under this code.
   (2) The local child support agency shall file a motion for an
order for temporary support within the following time limits:
   (A) If the defendant is the mother, a presumed father under
Section 7611, or any father where the child is at least six months
old when the defendant files his or her answer, the time limit is 90
days after the defendant files an answer.
   (B) In any other case where the defendant has filed an answer
prior to the birth of the child or not more than six months after the
birth of the child, then the time limit is nine months after the
birth of the child.
   (3) If more than one child is the subject of the action, the
limitation on reimbursement shall apply only as to those children
whose parental relationship and age would bar recovery were a
separate action brought for support of that child or those children.

   (4) If the local child support agency fails to file a motion for
an order for temporary support within time limits specified in this
section, the local child support agency shall be barred from
obtaining a judgment of reimbursement for any support provided for
that child during the period between the date the time limit expired
and the motion was filed, or, if no motion is filed, when a final
judgment is entered.
   (5) Except as provided in Section 17304, nothing in this section
prohibits the local child support agency from entering into
cooperative arrangements with other county departments as necessary
to carry out the responsibilities imposed by this section pursuant to
plans of cooperation with the departments approved by the Department
of Child Support Services.
   (6) Nothing in this section otherwise limits the ability of the
local child support agency from securing and enforcing orders for
support of a spouse or former spouse as authorized under any other
provision of law.
   (h) As used in this article, "enforcing obligations" includes, but
is not limited to, any of the following:
   (1) The use of all interception and notification systems operated
by the department for the purposes of aiding in the enforcement of
support obligations.
   (2) The obtaining by the local child support agency of an initial
order for child support that may include medical support or that is
for medical support only, by civil or criminal process.
   (3) The initiation of a motion or order to show cause to increase
an existing child support order, and the response to a motion or
order to show cause brought by an obligor parent to decrease an
existing child support order, or the initiation of a motion or order
to show cause to obtain an order for medical support, and the
response to a motion or order to show cause brought by an obligor
parent to decrease or terminate an existing medical support order,
without regard to whether the child is receiving public assistance.
   (4) The response to a notice of motion or order to show cause
brought by an obligor parent to decrease an existing spousal support
order when the child or children are residing with the obligee parent
and the local child support agency is also enforcing a related child
support obligation owed to the obligee parent by the same obligor.
   (5) The referral of child support delinquencies to the Franchise
Tax Board under subdivision (c) of Section 17500 in support of the
local child support agency.
   (i) As used in this section, "out of wedlock" means that the
biological parents of the child were not married to each other at the
time of the child's conception.
   (j) (1) The local child support agency is the public agency
responsible for administering wage withholding for current support
for the purposes of Title IV-D of the Social Security Act (42 U.S.C.
Sec. 651 et seq.).
   (2) Nothing in this section limits the authority of the local
child support agency granted by other sections of this code or
otherwise granted by law.
   (k) In the exercise of the authority granted under this article,
the local child support agency may intervene, pursuant to subdivision
(b) of Section 387 of the Code of Civil Procedure, by ex parte
application, in any action under this code, or other proceeding in
which child support is an issue or a reduction in spousal support is
sought.  By notice of motion, order to show cause, or responsive
pleading served upon all parties to the action, the local child
support agency may request any relief that is appropriate that the
local child support agency is authorized to seek.
   (l) The local child support agency shall comply with all
regulations and directives established by the department that set
time standards for responding to requests for assistance in locating
noncustodial parents, establishing paternity, establishing child
support awards, and collecting child support payments.
   (m) As used in this article, medical support activities that the
local child support agency is authorized to perform are limited to
the following:
   (1) The obtaining and enforcing of court orders for health
insurance coverage.
   (2) Any other medical support activity mandated by federal law or
regulation.
   (n) (1) Notwithstanding any other law, venue for an action or
proceeding under this division shall be determined as follows:
   (A) Venue shall be in the superior court in the county that is
currently expending public assistance.
   (B) If public assistance is not currently being expended, venue
shall be in the superior court in the county where the child who is
entitled to current support resides or is domiciled.
   (C) If current support is no longer payable through, or
enforceable by, the local child support agency, venue shall be in the
superior court in the county that last provided public assistance
for actions to enforce arrearages assigned pursuant to Section 11477
of the Welfare and Institutions Code.
   (D) If subparagraphs (A), (B), and (C) do not apply, venue shall
be in the superior court in the county of residence of the support
obligee.
   (E) If the support obligee does not reside in California, and
subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in
the superior court of the county of residence of the obligor.
   (2) Notwithstanding paragraph (1), if the child becomes a resident
of another county after an action under this part has been filed,
venue may remain in the county where the action was filed until the
action is completed.
   (o) The local child support agency of one county may appear on
behalf of the local child support agency of any other county in an
action or proceeding under this part.
  SEC. 7.  Section 17406 of the Family Code is amended to read:
   17406.  (a) In all actions involving paternity or support,
including, but not limited to, other proceedings under this code, and
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code, the local child support agency and the Attorney
General represent the public interest in establishing, modifying, and
enforcing support obligations.  No attorney-client relationship
shall be deemed to have been created between the local child support
agency or Attorney General and any person by virtue of the action of
the local child support agency or the Attorney General in carrying
out these statutory duties.
   (b) Subdivision (a) is declaratory of existing law.
   (c) In all requests for services of the local child support agency
or Attorney General pursuant to Section 17400 relating to actions
involving paternity or support, not later than the same day an
individual makes a request for these services in person, and not
later than five working days after either (1) a case is referred for
services from the county welfare department, (2) receipt of a request
by mail for an application for services, or (3) an individual makes
a request for services by telephone, the local child support agency
or Attorney General shall give notice to the individual requesting
services or on whose behalf services have been requested that the
local child support agency or Attorney General does not represent the
individual or the children who are the subject of the case, that no
attorney-client relationship exists between the local child support
agency or Attorney General and those persons, and that no such
representation or relationship shall arise if the local child support
agency or Attorney General provides the services requested.  Notice
shall be in bold print and in plain English and shall be translated
into the language understandable by the recipient when reasonable.
The notice shall include the advice that the absence of an
attorney-client relationship means that communications from the
recipient are not privileged and that the local child support agency
or Attorney General may provide support enforcement services to the
other parent in the future.
   (d) The local child support agency or Attorney General shall give
the notice required pursuant to subdivision (c) to all recipients of
services under Section 17400 who have not otherwise been provided
that notice, not later than the date of the next annual notice
required under Section 11476.2 of the Welfare and Institutions Code.
This notice shall include notification to the recipient of services
under Section 17400 that the recipient may inspect the clerk's file
at the office of the clerk of the court, and that, upon request, the
local child support agency, or, if appropriate, the Attorney General,
will furnish a copy of the most recent order entered in the case.
   (e) The local child support agency or, if appropriate, the
Attorney General shall serve a copy of the complaint for paternity or
support, or both, on recipients of support services under Section
17400, as specified in paragraph (2) of subdivision (e) of Section
17404.  A notice shall accompany the complaint that informs the
recipient that the local child support agency or Attorney General may
enter into a stipulated order resolving the complaint, and that the
recipient shall assist the prosecuting attorney, by sending all
information on the noncustodial parent's earnings and assets to the
prosecuting attorney.
   (f) (1) (A) The local child support agency or Attorney General
shall provide written notice to recipients of services under Section
17400 of the initial date and time, and purpose of every hearing in a
civil action for paternity or support.
   (B) Once the parent who has requested or is receiving support
enforcement services becomes a party to the action pursuant to
subdivision (e) of Section 17404, in lieu of the above, the local
child support agency or Attorney General shall serve on a parent all
pleadings relating to paternity or support that have been served on
the local child support agency by the other parent.  The pleading
shall be accompanied by a notice.
   (C) The notice provided subject to subparagraphs (A) and (B) shall
include the following language:
      IMPORTANT NOTICE
    It may be important that you attend the hearing.  The local child
support agency does not represent you or your children.  You may
have information about the other parent, such as information about
his or her income or assets that will not be presented to the court
unless you attend the hearing.  You have the right to attend the
hearing and to be heard in court and tell the court what you think
the court should do with the child support order.  This hearing could
change your rights or your children's rights to support.
       (2) The notice shall state the purpose of the hearing or be
attached to the motion or other pleading which caused the hearing to
be scheduled.
   (3) The notice shall be provided separate from all other material
and shall be in at least 14-point type.  The failure of the local
child support agency or Attorney General to provide the notice
required pursuant to subparagraph (A) of paragraph (1) does not
affect the validity of any order.
   (4) (A) The notice required pursuant to subparagraph (A) of
paragraph (1) shall be provided not later than seven calendar days
prior to the hearing, or, if the local child support agency or
Attorney General receives notice of the hearing less than seven days
prior to the hearing, within two days of the receipt by the local
child support agency or Attorney General of the notice of the
hearing.
   (B) Service of the notice and the pleadings required pursuant to
subparagraph (B) of paragraph (1) shall be completed not later than
five days after receipt of the pleadings served on the local child
support agency by the parent.
   (5) The local child support agency or Attorney General shall, in
order to implement this subdivision, make reasonable efforts to
ensure that the local child support agency or Attorney General has
current addresses for all parties to the child support action.
   (g) The local child support agency or Attorney General shall give
notice to recipients of services under Section 17400 of every order
obtained by the local child support agency or Attorney General that
establishes or modifies the support obligation for the recipient or
the children who are the subject of the order, by sending a copy of
the order to the recipient.  The notice shall be made within the time
specified by federal law after the order has been filed.  The local
child support agency or Attorney General shall also give notice to
these recipients of every order obtained in any other jurisdiction
that establishes or modifies the support obligation for the recipient
or the children who are the subject of the order, and which is
received by the local child support agency or Attorney General, by
sending a copy of the order to the recipient within the timeframe
specified by federal law after the local child support agency or
Attorney General has received a copy of the order.  In any action
enforced under Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9, the notice shall be made in compliance with the
requirements of that chapter.  The failure of the local child support
agency or Attorney General to comply with this subdivision does not
affect the validity of any order.
   (h) The local child support agency or Attorney General shall give
notice to the noncustodial parent against whom a civil action is
filed that the local child support agency or Attorney General is not
the attorney representing any individual, including, but not limited
to, the custodial parent, the child, or the noncustodial parent.
   (i) Nothing in this section shall be construed to preclude any
person who is receiving services under Section 17400 from filing and
prosecuting an independent action to establish, modify, and enforce
an order for current support on behalf of himself or herself or a
child if that person is not receiving public assistance.
   (j) A person who is receiving services under Section 17400 but who
is not currently receiving public assistance on his or her own
behalf or on behalf of a child shall be asked to execute, or consent
to, any stipulation establishing or modifying a support order in any
action in which that person is named as a party, before the
stipulation is filed.  The local child support agency or Attorney
General may not submit to the court for approval a stipulation to
establish or modify a support order in the action without first
obtaining the signatures of all parties to the action, their
attorneys of record, or persons authorized to act on their behalf.
Any stipulation approved by the court in violation of this
subdivision shall be void.
   (k) The local child support agency or Attorney General may not
enter into a stipulation that reduces the amount of past due support,
including interest and penalties accrued pursuant to an order of
current support, on behalf of a person who is receiving support
enforcement services under Section 17400 and who is owed support
arrearages that exceed unreimbursed public assistance paid to the
recipient of the support enforcement services, without first
obtaining the consent of the person who is receiving services under
Section 17400 on his or her own behalf or on behalf of the child.
   (l) The notices required in this section shall be provided in the
following manner:
   (1) In all cases in which the person receiving services under
Section 17400 resides in California, notice shall be provided by
mailing the item by first-class mail to the last known address of, or
personally delivering the item to, that person.
   (2) In all actions enforced under Chapter 6 (commencing with
Section 4900) of Part 5 of Division 9, unless otherwise specified,
notice shall be provided by mailing the item by first-class mail to
the initiating court.
   (m) Notwithstanding any other provision of this section, the
notices provided for pursuant to subdivisions (c) to (g), inclusive,
are not required in foster care cases.
  SEC. 8.  Section 17432 of the Family Code is amended to read:
   17432.  (a) In any action filed by the local child support agency
pursuant to Section 17400, 17402, or 17404, the court may, on any
terms that may be just, set aside that part of the judgment or order
concerning the amount of child support to be paid.  This relief may
be granted after the six-month time limit of Section 473 of the Code
of Civil Procedure has elapsed, based on the grounds, and within the
time limits, specified in this section.
   (b) This section shall apply only to judgments or orders for
support that were based upon presumed income as specified in
subdivision (d) of Section 17400 and that were entered after the
entry of the default of the defendant under Section 17430.  This
section shall apply only to the amount of support ordered and not
that portion of the judgment or order concerning the determination of
parentage.
   (c) The court may set aside the child support order contained in a
judgment described in subdivision (b) if the defendant's income was
substantially different for the period of time during which judgment
was effective compared with the income the defendant was presumed to
have.  A "substantial difference" means that amount of income that
would result in an order for support that deviates from the order
entered by default by 10 percent or more.
   (d) Application for relief under this section shall be filed
together with an income and expense declaration or simplified
financial statement or other information concerning income for any
relevant years.  The Judicial Council may combine the application for
relief under this section and the proposed answer into a single
form.
   (e) The burden of proving that the actual income of the defendant
deviated substantially from the presumed income shall be on the party
seeking to set aside the order.
   (f) A motion for relief under this section shall be filed within
one year of the first collection of money by the local child support
agency or the obligee.  The one-year time period shall run from the
date that the local child support agency receives the first
collection.
   (g) Within three months from the date the local child support
agency receives the first collection for any order established using
presumed income, the local child support agency shall check all
appropriate sources for income information, and if income information
exists, the local child support agency shall make a determination
whether the order qualifies for set aside under this section.  If the
order qualifies for set aside, the local child support agency shall
bring a motion for relief under this section.
   (h) In all proceedings under this section, before granting relief,
the court shall consider the amount of time that has passed since
the entry of the order, the circumstances surrounding the defendant's
default, the relative hardship on the child or children to whom the
duty of support is owed, the caretaker parent, and the defendant, and
other equitable factors that the court deems appropriate.
   (i) If the court grants the relief requested, the court shall
issue a new child support order using the appropriate child support
guidelines currently in effect.  The new order shall have the same
commencement date as the order set aside.
   (j) The Judicial Council shall review and modify any relevant
forms for purposes of this section.  Any modifications to the forms
shall be effective July 1,  2005.  Prior to the implementation of any
modified Judicial Council forms, the local child support agency or
custodial parent may file any request to set aside a default judgment
under this section using Judicial Council Form FL-680 entitled
"Notice of Motion (Governmental)" and form FL-684 entitled "Request
for Order and Supporting Declaration (Governmental)."
  SEC. 9.  Section 17500 of the Family Code is amended to read:
   17500.  (a) In carrying out its obligations under Title IV-D of
the Social Security Act (42 U.S.C. Sec. 651 et seq.), the local child
support agency shall have the responsibility for promptly and
effectively collecting and enforcing child support obligations.
   (b) The local child support agency is the public agency
responsible for administering wage withholding for the purposes of
Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et seq.).
   (c) Except as provided in paragraph (3) of subdivision (e) of
Section 19271 of the Revenue and Taxation Code, the local child
support agency shall refer child support delinquencies to the
Franchise Tax Board for collection purposes in the form and manner
and at the time prescribed by the Franchise Tax Board.  Collection
shall be made by the Franchise Tax Board in accordance with Section
19271 of the Revenue and Taxation Code.  For purposes of this
subdivision, "child support delinquency" means an arrearage or
otherwise past due amount that accrues when an obligor fails to make
any court-ordered support payment when due, which is more than 60
days past due, and the aggregate amount of which exceeds one hundred
dollars ($100).
   (1) If a child support delinquency exists at the time a case is
opened by the local child support agency, the responsibility for the
collection of the child support delinquency shall be referred to the
Franchise Tax Board no later than 30 days after receipt of the case
by the local child support agency.
   (2) The referral of child support delinquencies required by this
subdivision is for the purposes of supplementing the collection
efforts of the local child support agency and for purposes of
efficient and effective child support enforcement and shall not in
any manner transfer any responsibilities the local child support
agency may have and any responsibilities the Department of Child
Support Services may have as the Title IV-D agency.
  SEC. 10.  Section 27282 of the Government Code is amended to read:

   27282.  (a) The following documents may be recorded without
acknowledgment, certificate of acknowledgment, or further proof:
   (1) A judgment affecting the title to or possession of real
property, authenticated by the certificate of the clerk of the court
in which the judgment was rendered.
   (2) A notice of support judgment, an interstate lien, a release of
lien, or any other document completed and recorded by a local child
support agency or a state agency acting pursuant to Title IV-D of the
Social Security Act (42 U.S.C. Sec. 651 et seq.).
   (3) A notice of location of mining claim.
   (4) Certificates of amounts of taxes, interest and penalties due,
notices of state tax liens and extensions thereof executed by the
state, county, or city taxing agencies or officials pursuant to
Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of
the Government Code, and Sections 2191.3, 2191.4, and 11495 of the
Revenue and Taxation Code, and releases, partial releases, and
subordinations executed pursuant to Chapter 14 (commencing with
Section 7150) of Division 7 of Title 1 of the Government Code, and
Sections 2191.4, 11496, 14307, and 14308 of the Revenue and Taxation
Code.
   (5) Notices of lien for postponed property taxes executed pursuant
to Section 16182.
   (6) A release, discharge, or subordination of a lien for postponed
property taxes as authorized by Chapter 6 (commencing with Section
16180) of Part 1 of Division 4 of Title 2.
   (7) A fixture filing as defined by paragraph (40) of subdivision
(a) of Section 9102 of the Commercial Code.
   (8) An order affecting title to or possession of real property
issued by a court in an action subject to Section 12527,
authenticated by the certificate of the clerk of the court in which
the order was issued or a copy of that order authenticated by a
declaration under penalty of perjury by the Attorney General or by an
assistant or deputy of the Attorney General attesting that the
contents of the copy are the same as the original order issued by the
court.
   (9) A court certified copy of a satisfaction of judgment.
   (10) A certificate of correction filed pursuant to Sections 66470
and 66472.1.
   (b) Any document described in this section, from the time it is
filed with the recorder for record, is constructive notice of the
contents thereof to subsequent purchasers and mortgagees.
  SEC. 11.  Section 19271.6 of the Revenue and Taxation Code is
amended to read:
   19271.6.  (a) The Franchise Tax Board, through a cooperative
agreement with the Department of Child Support Services, and in
coordination with financial institutions doing business in this
state, shall operate a Financial Institution Match System utilizing
automated data exchanges to the maximum extent feasible.  The
Financial Institution Match System shall be implemented pursuant to
guidelines prescribed by the Department of Child Support Services and
the Franchise Tax Board.  These guidelines shall include a structure
by which financial institutions, or their designated data-processing
agents, shall receive from the Franchise Tax Board the file or files
of past-due support obligors compiled in accordance with subdivision
(c), that the institution shall match with its own list of
accountholders to identify past-due support obligor accountholders at
the institution.  To the extent allowed by the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, the
guidelines shall include an option by which financial institutions
without the technical ability to process the data exchange, or
without the ability to employ a third-party data processor to process
the data exchange, may forward to the Franchise Tax Board a list of
all accountholders and their social security numbers, so that the
Franchise Tax Board shall match that list with the file or files of
past-due support obligors compiled in accordance with subdivision
(c).
   (b) The Financial Institution Match System shall not be subject to
any limitation set forth in Chapter 20 (commencing with Section
7460) of Division 7 of Title 1 of the Government Code.  However, any
use of the information provided pursuant to this section for any
purpose other than the enforcement and collection of a child support
delinquency, as set forth in Section 19271, shall be a violation of
Section 19542.
   (c) (1) Each county shall compile a file of support obligors with
judgments and orders that are being enforced by local child support
agencies pursuant to Section 17400 of the Family Code, and who are
past due in the payment of their support obligations.  The file shall
be compiled, updated, and forwarded to the Franchise Tax Board, in
accordance with the guidelines prescribed by the Department of Child
Support Services and the Franchise Tax Board.
   (2) The Department of Child Support Services, shall compile a file
of obligors with support arrearages from requests made by other
states for administrative enforcement in interstate cases, in
accordance with federal requirements (42 U.S.C. Sec. 666(a)(14)).
This file shall be compiled and forwarded to the Franchise Tax Board
in accordance with the guidelines prescribed by the Department of
Child Support Services and the Franchise Tax Board.  The file shall
include, to the extent possible, the obligor's address.
   (d) To effectuate the Financial Institution Match System,
financial institutions subject to this section shall do all of the
following:
   (1) Provide to the Franchise Tax Board on a quarterly basis the
name, record address and other addresses, social security number or
other taxpayer identification number, and other identifying
information for each noncustodial parent who maintains an account at
the institution and who owes past-due support, as identified by the
Franchise Tax Board by name and social security number or other
taxpayer identification number.
   (2) Except as provided in subdivision (j), in response to a notice
or order to withhold issued by the Franchise Tax Board, withhold
from any accounts of the obligor the amount of any past-due support
stated on the notice or order and transmit the amount to the
Franchise Tax Board in accordance with Section 18670 or 18670.5.
   (e) Unless otherwise required by applicable law, a financial
institution furnishing a report or providing information to the
Franchise Tax Board pursuant to this section shall not disclose to a
depositor or an accountholder, or a codepositor or coaccountholder,
that the name, address, social security number, or other taxpayer
identification number or other identifying information of that person
has been received from or furnished to the Franchise Tax Board.
   (f) A financial institution shall incur no obligation or liability
to any person arising from any of the following:
   (1) Furnishing information to the Franchise Tax Board as required
by this section.
   (2) Failing to disclose to a depositor or accountholder that the
name, address, social security number, or other taxpayer
identification number or other identifying information of that person
was included in the data exchange with the Franchise Tax Board
required by this section.
   (3) Withholding or transmitting any assets in response to a notice
or order to withhold issued by the Franchise Tax Board as a result
of the data exchange.  This paragraph shall not preclude any
liability that may result if the financial institution does not
comply with subdivision (b) of Section 18674.
   (4) Any other action taken in good faith to comply with the
requirements of this section.
   (g) Information required to be submitted to the Franchise Tax
Board pursuant to this section shall only be used by the Franchise
Tax Board to collect past-due support pursuant to Section 19271.  If
the Franchise Tax Board has issued an earnings withholding order and
the condition described in subparagraph (C) of paragraph (1) of
subdivision (i) exists with respect to the obligor, the Franchise Tax
Board shall not use the information it receives under this section
to collect the past-due support from that obligor.
   (1) With respect to files compiled under paragraph (1) of
subdivision (c), the Franchise Tax Board shall forward to the
counties, in accordance with guidelines prescribed by the Department
of Child Support Services and the Franchise Tax Board, information
obtained from the financial institutions pursuant to this section.
No county shall use this information for directly levying on any
account.  Each county shall keep the information confidential as
provided by Section 17212 of the Family Code.
   (2) With respect to files compiled under paragraph (2) of
subdivision (c), the amount collected by the Franchise Tax Board
shall be deposited and distributed to the referring state in
accordance with Section 19272.
   (h) For those noncustodial parents owing past-due support for
which there is a match under paragraph (1) of subdivision (d), the
amount past due as indicated on the file or files compiled pursuant
to subdivision (c) at the time of the match shall be a delinquency
under this article for the purposes of the Franchise Tax Board taking
any collection action pursuant to Section 18670 or 18670.5.
   (i) A child support delinquency need not be referred to the
Franchise Tax Board for collection if a jurisdiction outside this
state is enforcing the support order.
   (j) (1) Each county shall notify the Franchise Tax Board upon the
occurrence of the circumstances described in the following
subparagraphs with respect to an obligor of past-due support:
   (A) A court has ordered an obligor to make scheduled payments on a
child support arrearages obligation and the obligor is in compliance
with that order.
   (B) An earnings assignment order or an order/notice to withhold
income that includes an amount for past-due support has been served
on the obligated parent's employer and earnings are being withheld
pursuant to the earnings assignment order or an order/notice to
withhold income.
   (C) At least 50 percent of the obligated parent's earnings are
being withheld for support.
   (2) Notwithstanding Section 704.070 of the Code of Civil
Procedure, if any of the conditions set forth in paragraph (1) exist,
the assets of an obligor held by a financial institution are subject
to levy as provided by paragraph (2) of subdivision (d).  However,
the first three thousand five hundred dollars ($3,500) of an obligor'
s assets are exempt from collection under this subdivision without
the obligor having to file a claim of exemption.
   (3) If any of the conditions set forth in paragraph (1) exist, an
obligor may apply for a claim of exemption pursuant to Article 2
(commencing with Section 703.510) of Chapter 4 of Division 2 of Title
9 of Part 2 of the Code of Civil Procedure for an amount that is
less than or equal to the total amount levied.  The sole basis for a
claim of exemption under this subdivision shall be the  financial
hardship for the obligor and the obligor's dependents.
   (4) For the purposes of a claim of exemption made pursuant to
paragraph (3), Section 688.030 of the Code of Civil Procedure shall
not apply.
   (5) For claims of exemption made pursuant to paragraph (3), the
local child support agency responsible for enforcement of the obligor'
s child support order shall be the levying officer for the purpose of
compliance with the provisions set forth in Article 2 (commencing
with Section 703.510) of Chapter 4 of Division 2 of Title 9 of Part 2
of the Code of Civil Procedure except for the release of property
required by subdivision (e) of Section 703.580 of the Code of Civil
Procedure.
   (6) The local child support agency shall notify the Franchise Tax
Board within two business days of the receipt of a claim of exemption
from an obligor.  The Franchise Tax Board shall direct the financial
institution subject to the order to withhold to hold any funds
subject to the order pending notification by the Franchise Tax Board
to remit or release the amounts held.
   (7) The superior court in the county in which the local child
support agency enforcing the support obligation is located shall have
jurisdiction to determine the amount of exemption to be allowed.
The court shall consider the needs of the obligor, the obligee, and
all persons the obligor is required to support, and all other
relevant circumstances in determining whether to allow any exemption
pursuant to this subdivision.  The court shall give effect to its
determination by an order specifying the extent to which the amount
levied is exempt.
   (8) Within two business days of receipt of an endorsed copy of a
court order issued pursuant to subdivision (e) of Section 703.580 of
the Code of Civil Procedure, the local child support agency shall
provide the Franchise Tax Board with a copy of the order.  The
Franchise Tax Board shall instruct the financial institution to remit
or release the obligor's funds in accordance with the court's order.

   (k) For purposes of this section:
   (1) "Account" means any demand deposit account, share or share
draft account, checking or negotiable withdrawal order account,
savings account, time deposit account, or a money market mutual fund
account, whether or not the account bears interest.
   (2) "Financial institution" has the same meaning as defined in
Section 669A(d)(1) of Title 42 of the United States Code.
   (3) "Past-due support" means any child support obligation that is
unpaid on the due date for payment.
   (l) Out of any money received from the federal government for the
purpose of reimbursing financial institutions for their actual and
reasonable costs incurred in complying with this section, the state
shall reimburse those institutions.  To the extent that money is not
provided by the federal government for that purpose, the state shall
not reimburse financial institutions for their costs in complying
with this section.
  SEC. 12.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities
                                   are adequate and appropriate and
to ascertain compliance with the rules and regulations to which the
facilities are subject.  The confidential information shall remain
confidential except for purposes of inspection, licensing, or
investigation pursuant to Chapter 3 (commencing with Section 1500)
and Chapter 3.4 (commencing with Section 1596.70) of Division 2 of
the Health and Safety Code, or a criminal, civil, or administrative
proceeding in relation thereto.  The confidential information may be
used by the State Department of Social Services in a criminal, civil,
or administrative proceeding.  The confidential information shall be
available only to the judge or hearing officer and to the parties to
the case.  Names that are confidential shall be listed in
attachments separate to the general pleadings.  The confidential
information shall be sealed after the conclusion of the criminal,
civil, or administrative hearings, and shall not subsequently be
released except in accordance with this subdivision.  If the
confidential information does not result in a criminal, civil, or
administrative proceeding, it shall be sealed after the State
Department of Social Services decides that no further action will be
taken in the matter of suspected licensing violations.  Except as
otherwise provided in this subdivision, confidential information in
the possession of the State Department of Social Services shall not
contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) A judge, commissioner, or other hearing officer assigned to a
family law case with issues concerning custody or visitation, or
both, involving the minor, and the following persons, if actively
participating in the family law case:  a family court mediator
assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of Division 8
of the Family Code, a court-appointed evaluator or a person
conducting a court-connected child custody evaluation, investigation,
or assessment pursuant to Section 3118 of the Family Code, and
counsel appointed for the minor in the family law case pursuant to
Section 3150 of the Family Code.  Prior to allowing counsel appointed
for the minor in the family law case to inspect the file, the court
clerk may require counsel to provide a certified copy of the court
order appointing him or her as the minor's counsel.
   (L) A local child support agency for the purpose of establishing
paternity and establishing and enforcing child support orders.
   (M) Juvenile justice commissions as established under Section 225.
  The confidentiality provisions of Section 10850 shall apply to a
juvenile justice commission and its members.
   (N) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Notwithstanding any other law and subject to subparagraph (A)
of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, which pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection.  Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary.  Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing that
release of the juvenile case file or any portion thereof is
detrimental to the safety, protection, or physical, or emotional
well-being of another child who is directly or indirectly connected
to the juvenile case that is the subject of the petition.
   (3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
   (A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail.  Unless a person is listed in
subparagraphs (A) to (L), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court.  The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition.  This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
   (B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
   (4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, shall not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, shall not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
   (e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
  SEC. 13.  Section 827 of the Welfare and Institutions Code is
amended to read:
   827.  (a) (1) Except as provided in Section 828, a case file may
be inspected only by the following:
   (A) Court personnel.
   (B) The district attorney, a city attorney, or city prosecutor
authorized to prosecute criminal or juvenile cases under state law.
   (C) The minor who is the subject of the proceeding.
   (D) His or her parents or guardian.
   (E) The attorneys for the parties, and judges, referees, other
hearing officers, probation officers and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the minor.
   (F) The superintendent or designee of the school district where
the minor is enrolled or attending school.
   (G) Members of the child protective agencies as defined in Section
11165.9 of the Penal Code.
   (H) The State Department of Social Services to carry out its
duties pursuant to Division 9 (commencing with Section 10000), and
Part 5 (commencing with Section 7900) of Division 12 of the Family
Code to oversee and monitor county child welfare agencies, children
in foster care or receiving foster care assistance, and out-of-state
placements.
   (I) To authorized legal staff or special investigators who are
peace officers who are employed by, or who are authorized
representatives of, the State Department of Social Services, as
necessary to the performance of their duties to inspect, license, and
investigate community care facilities, and to ensure that the
standards of care and services provided in those facilities are
adequate and appropriate and to ascertain compliance with the rules
and regulations to which the facilities are subject.  The
confidential information shall remain confidential except for
purposes of inspection, licensing, or investigation pursuant to
Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing
with Section 1596.70) of Division 2 of the Health and Safety Code, or
a criminal, civil, or administrative proceeding in relation thereto.
  The confidential information may be used by the State Department of
Social Services in a criminal, civil, or administrative proceeding.
The confidential information shall be available only to the judge or
hearing officer and to the parties to the case.  Names that are
confidential shall be listed in attachments separate to the general
pleadings.  The confidential information shall be sealed after the
conclusion of the criminal, civil, or administrative hearings, and
may not subsequently be released except in accordance with this
subdivision.  If the confidential information does not result in a
criminal, civil, or administrative proceeding, it shall be sealed
after the State Department of Social Services decides that no further
action will be taken in the matter of suspected licensing
violations.  Except as otherwise provided in this subdivision,
confidential information in the possession of the State Department of
Social Services may not contain the name of the minor.
   (J) Members of children's multidisciplinary teams, persons or
agencies providing treatment or supervision of the minor.
   (K) A judge, commissioner, or other hearing officer assigned to a
family law case with issues concerning custody or visitation, or
both, involving the minor, and the following persons, if actively
participating in the family law case:  a family court mediator
assigned to a case involving the minor pursuant to Article 1
(commencing with Section 3160) of Chapter 11 of Part 2 of Division 8
of the Family Code, a court-appointed evaluator or a person
conducting a court-connected child custody evaluation, investigation,
or assessment pursuant to Section 3111 or 3118 of the Family Code,
and counsel appointed for the minor in the family law case pursuant
to Section 3150 of the Family Code.  Prior to allowing counsel
appointed for the minor in the family law case to inspect the file,
the court clerk may require counsel to provide a certified copy of
the court order appointing him or her as the minor's counsel.
   (L) A court-connected evaluator, court-appointed evaluator, or
court-appointed investigator who is actively participating in a
guardianship case involving a minor pursuant to Part 2 (commencing
with Section 1500) of Division 4 of the Probate Code and acting
within the scope of his or her duties in that case.
   (M) A local child support agency for the purpose of establishing
paternity and establishing and enforcing child support orders.
   (N) Juvenile justice commissions as established under Section 225.
  The confidentiality provisions of Section 10850 shall apply to a
juvenile justice commission and its members.
   (O) Any other person who may be designated by court order of the
judge of the juvenile court upon filing a petition.
   (2) Notwithstanding any other law and subject to subparagraph (A)
of paragraph (3), juvenile case files, except those relating to
matters within the jurisdiction of the court pursuant to Section 601
or 602, that pertain to a deceased child who was within the
jurisdiction of the juvenile court pursuant to Section 300, shall be
released to the public pursuant to an order by the juvenile court
after a petition has been filed and interested parties have been
afforded an opportunity to file an objection.  Any information
relating to another child or which could identify another child,
except for information about the deceased, shall be redacted from the
juvenile case file prior to release, unless a specific order is made
by the juvenile court to the contrary.  Except as provided in this
paragraph, the presiding judge of the juvenile court may issue an
order prohibiting or limiting access to the juvenile case file, or
any portion thereof, of a deceased child only upon a showing that
release of the juvenile case file or any portion thereof is
detrimental to the safety, protection, or physical, or emotional
well-being of another child who is directly or indirectly connected
to the juvenile case that is the subject of the petition.
   (3) Access to juvenile case files pertaining to matters within the
jurisdiction of the juvenile court pursuant to Section 300 shall be
limited as follows:
   (A) If a juvenile case file, or any portion thereof, is privileged
or confidential pursuant to any other state law or federal law or
regulation, the requirements of that state law or federal law or
regulation prohibiting or limiting release of the juvenile case file
or any portions thereof shall prevail.  Unless a person is listed in
subparagraphs (A) to (N), inclusive, of paragraph (1) and is entitled
to access under the other state law or federal law or regulation
without a court order, all those seeking access, pursuant to other
authorization, to portions of, or information relating to the
contents of, juvenile case files protected under another state law or
federal law or regulation, shall petition the juvenile court.  The
juvenile court may only release the portion of, or information
relating to the contents of, juvenile case files protected by another
state law or federal law or regulation if disclosure is not
detrimental to the safety, protection, or physical or emotional
well-being of a child who is directly or indirectly connected to the
juvenile case that is the subject of the petition.  This paragraph
shall not be construed to limit the ability of the juvenile court to
carry out its duties in conducting juvenile court proceedings.
   (B) Prior to the release of the juvenile case file or any portion
thereof, the court shall afford due process, including a notice of
and an opportunity to file an objection to the release of the record
or report to all interested parties.
   (4) A juvenile case file, any portion thereof, and information
relating to the content of the juvenile case file, may not be
disseminated by the receiving agencies to any persons or agencies,
other than those persons or agencies authorized to receive documents
pursuant to this section.  Further, a juvenile case file, any portion
thereof, and information relating to the content of the juvenile
case file, may not be made as an attachment to any other documents
without the prior approval of the presiding judge of the juvenile
court, unless it is used in connection with and in the course of a
criminal investigation or a proceeding brought to declare a person a
dependent child or ward of the juvenile court.
   (b) (1) While the Legislature reaffirms its belief that juvenile
court records, in general, should be confidential, it is the intent
of the Legislature in enacting this subdivision to provide for a
limited exception to juvenile court record confidentiality to promote
more effective communication among juvenile courts, family courts,
law enforcement agencies, and schools to ensure the rehabilitation of
juvenile criminal offenders as well as to lessen the potential for
drug use, violence, other forms of delinquency, and child abuse.
   (2) Notwithstanding subdivision (a), written notice that a minor
enrolled in a public school, kindergarten to grade 12, inclusive, has
been found by a court of competent jurisdiction to have committed
any felony or any misdemeanor involving curfew, gambling, alcohol,
drugs, tobacco products, carrying of weapons, a sex offense listed in
Section 290 of the Penal Code, assault or battery, larceny,
vandalism, or graffiti shall be provided by the court, within seven
days, to the superintendent of the school district of attendance.
Written notice shall include only the offense found to have been
committed by the minor and the disposition of the minor's case.  This
notice shall be expeditiously transmitted by the district
superintendent to the principal at the school of attendance.  The
principal shall expeditiously disseminate the information to those
counselors directly supervising or reporting on the behavior or
progress of the minor.  In addition, the principal shall disseminate
the information to any teacher or administrator directly supervising
or reporting on the behavior or progress of the minor whom the
principal believes needs the information to work with the pupil in an
appropriate fashion, to avoid being needlessly vulnerable or to
protect other persons from needless vulnerability.
   Any information received by a teacher, counselor, or administrator
under this subdivision shall be received in confidence for the
limited purpose of rehabilitating the minor and protecting students
and staff, and shall not be further disseminated by the teacher,
counselor, or administrator, except insofar as communication with the
juvenile, his or her parents or guardians, law enforcement
personnel, and the juvenile's probation officer is necessary to
effectuate the juvenile's rehabilitation or to protect students and
staff.
   An intentional violation of the confidentiality provisions of this
paragraph is a misdemeanor punishable by a fine not to exceed five
hundred dollars ($500).
   (3) If a minor is removed from public school as a result of the
court's finding described in subdivision (b), the superintendent
shall maintain the information in a confidential file and shall defer
transmittal of the information received from the court until the
minor is returned to public school.  If the minor is returned to a
school district other than the one from which the minor came, the
parole or probation officer having jurisdiction over the minor shall
so notify the superintendent of the last district of attendance, who
shall transmit the notice received from the court to the
superintendent of the new district of attendance.
   (c) Each probation report filed with the court concerning a minor
whose record is subject to dissemination pursuant to subdivision (b)
shall include on the face sheet the school at which the minor is
currently enrolled.  The county superintendent shall provide the
court with a listing of all of the schools within each school
district, within the county, along with the name and mailing address
of each district superintendent.
   (d) Each notice sent by the court pursuant to subdivision (b)
shall be stamped with the instruction:  "Unlawful Dissemination Of
This Information Is A Misdemeanor."  Any information received from
the court shall be kept in a separate confidential file at the school
of attendance and shall be transferred to the minor's subsequent
schools of attendance and maintained until the minor graduates from
high school, is released from juvenile court jurisdiction, or reaches
the age of 18, whichever occurs first.  After that time the
confidential record shall be destroyed.  At any time after the date
by which a record required to be destroyed by this section should
have been destroyed, the minor or his or her parent or guardian shall
have the right to make a written request to the principal of the
school that the minor's school records be reviewed to ensure that the
record has been destroyed.  Upon completion of any requested review
and no later than 30 days after the request for the review was
received, the principal or his or her designee shall respond in
writing to the written request and either shall confirm that the
record has been destroyed or, if the record has not been destroyed,
shall explain why destruction has not yet occurred.
   Except as provided in paragraph (2) of subdivision (b), no
liability shall attach to any person who transmits or fails to
transmit any notice or information required under subdivision (b).
   (e) For purposes of this section, a "juvenile case file" means a
petition filed in any juvenile court proceeding, reports of the
probation officer, and all other documents filed in that case or made
available to the probation officer in making his or her report, or
to the judge, referee, or other hearing officer, and thereafter
retained by the probation officer, judge, referee, or other hearing
officer.
  SEC. 14.  Section 13 of this bill incorporates amendments to
Section 827 of the Welfare and Institutions Code proposed by both
this bill and AB 2228.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2005,
(2) each bill amends Section 827 of the Welfare and Institutions
Code, and (3) this bill is enacted after AB 2228, in which case
Section 12 of this bill shall not become operative.
  SEC. 15.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from
      the State Mandates Claims Fund.