BILL NUMBER: AB 1743 CHAPTERED 09/06/05 CHAPTER 198 FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2005 APPROVED BY GOVERNOR SEPTEMBER 6, 2005 PASSED THE ASSEMBLY AUGUST 18, 2005 PASSED THE SENATE AUGUST 15, 2005 AMENDED IN SENATE JUNE 20, 2005 INTRODUCED BY Committee on Judiciary (Jones (Chair), Evans, Laird, Levine, Lieber, and Montanez) MARCH 2, 2005 An act to amend Section 17552 of the Family Code, relating to child support. LEGISLATIVE COUNSEL'S DIGEST AB 1743, Committee on Judiciary Child support. (1) Existing law requires the State Department of Social Services, in consultation with the Department of Child Support Services, to promulgate regulations by which the county child welfare department shall determine whether it is in the best interests of the child to have the case referred to the local child support agency for child support services, in cases that result in foster care assistance payments, as specified. This bill would expand this program to include cases involving CalWORKs payments to a caretaker relative, as specified, Kin-GAP payments, and other specified aid, thereby imposing a state-mandated local program by expanding the duties of county child welfare departments. (2) Existing law also requires the county child welfare department, pursuant to department regulation, to review determinations that it is not in a child's best interest to have his or her case referred to the local child support agency following each court hearing. This bill would instead require the county child welfare department to make these reviews annually, as specified. (3) 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. 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 17552 of the Family Code is amended to read: 17552. (a) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments under Section 11400 of, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency under Section 11250 of, or Kin-GAP payments under Section 11363 of, or aid under subdivision (c) of Section 10101 of, the Welfare and Institutions Code, shall determine whether it is in the best interests of the child to have the case referred to the local child support agency for child support services. If reunification services are not offered or are terminated, the case may be referred to the local child support agency. In making the determination, the department regulations shall provide the factors the county child welfare department shall consider, including: (1) Whether the payment of support by the parent will pose a barrier to the proposed reunification, in that the payment of support will compromise the parent's ability to meet the requirements of the parent's reunification plan. (2) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parent's current or future ability to meet the financial needs of the child. (b) The department regulations shall provide that, where the county child welfare department determines that it is not in the best interests of the child to seek a support order against the parent, the county child welfare department shall refrain from referring the case to the local child support agency. The regulations shall define those circumstances in which it is not in the best interest of the child to refer the case to the local child support agency. (c) The department regulations shall provide, where the county child welfare department determines that it is not in the child's best interest to have his or her case referred to the local child support agency, the county child welfare department shall review that determination annually to coincide with the redetermination of AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs eligibility under Section 11265 of, the Welfare and Institutions Code, and shall refer the child's case to the local child support agency upon a determination that, due to a change in the child's circumstances, it is no longer contrary to the child's best interests to have his or her case referred to the local child support agency. (d) The State Department of Social Services shall promulgate all necessary regulations pursuant to this section on or before October 1, 2002. SEC. 2. 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.