BILL NUMBER: AB 1751	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Pan

                        FEBRUARY 17, 2012

   An act to amend Sections 17212, 17505, and 17506 of the Family
Code, and to amend Section 11478.1 of the Welfare and Institutions
Code, relating to child support services.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1751, as introduced, Pan. Child support: access to information.

   (1) Existing law creates the California Parent Locator Service and
Central Registry, which is required to collect and disseminate
specified information with respect to any parent, putative parent,
spouse, or former spouse. Under existing law, the California Child
Support Automation System, the California Parent Locator Service and
Central Registry, and the Franchise Tax Board are authorized to
receive that information from all state departments, boards,
agencies, and bureaus. In addition, local child support agencies are
entitled to receive that information from those state departments,
boards, agencies, and bureaus.
   This bill would require all state departments, boards, agencies,
bureaus, or other agencies of the state, or any of its political
subdivisions, to provide information to county child welfare agencies
and county probation departments for use in identifying, locating,
and notifying the parents of children who are in juvenile court
proceedings, as well as for use in establishing parent and child
relationships and in assessing the appropriateness of placing the
child with a noncustodial parent. By imposing new requirements on
cities and counties as political subdivisions of the state, this bill
would impose a state-mandated local program.
   (2) Under existing law, child and spousal support records are
confidential, subject to certain exceptions. Existing law authorizes
a public entity to disclose specified child and spousal support
enforcement records for use in administrative, civil, and criminal
investigations, actions, proceedings, and prosecutions for child and
spousal support enforcement. Existing law authorizes a public entity
to release an absent parent's social security number, most recent
address, and place of employment to an authorized person, as defined,
if the information has been provided to the California Parent
Locator Service by the federal Parent Locator Service and the
authorized person has filed a request for the information.
   This bill would authorize the release of a parent's name, social
security number, most recent address, telephone number, place of
employment, or other contact information to county child welfare
agencies and county probation departments that administer federal
programs for foster care and child and family services. The bill
would require the State Department of Social Services to, by January
30, 2013, amend the foster care state plan required under federal law
to implement access to that information provided to the California
Parent Locator Service by the federal Parent Locator Service, as
specified. The bill would require the State Department of Social
Service to issue, by July 1, 2013, an all-county letter or similar
instruction explaining that county child welfare agencies and
probation departments are entitled to specified information contained
in child and spousal support records. The bill would authorize the
Director of Social Services to adopt emergency regulations to
implement the provisions of this bill and to readopt those emergency
regulations a single time. The bill would authorize the State
Department of Social Services to develop an interagency agreement
with the Department of Child Support Services defining the county
child welfare agency's access to information provided by the federal
Parent Locator Service to the California Parent Locator Service, as
specified. The bill would also require that the information exchange
between the California Parent Locator Service or the California Child
Support Automation System and the county child welfare agency be
done through automated processes to the extent feasible.
   This bill would also make related findings and declarations.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  The Legislature finds and declares as follows:
   (a) If a child is abused or neglected by his or her custodial
parent and there is a noncustodial parent who may offer the child an
alternative placement to foster care, it is in the best interests of
the child and in the fiscal interests of the state and counties that
the noncustodial parent be identified for possible placement.
   (b) For these reasons, and to reduce costly continuances of court
hearings when absent parents cannot be notified, to ensure more
timely and cost-effective determinations of paternity, and to reduce
or prevent placements in foster care, county welfare and probation
departments must be permitted routine access to child support
information.
  SEC. 2.  Section 17212 of the Family Code is amended to read:
   17212.  (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and child
abduction records, and to thereby encourage the full and frank
disclosure of information relevant to all of the following:
   (1) The establishment or maintenance of parent and child
relationships and support obligations.
   (2) The enforcement of the child support liability of absent
parents.
   (3) The enforcement of spousal support liability of the spouse or
former spouse to the extent required by the state plan under Section
17604 and Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9.
   (4) The location of absent parents.
   (5) The location of parents and children abducted, concealed, or
detained by them.
   (b) (1) Except as provided in subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part D (commencing with Section 651) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this division, shall be confidential, and shall not be open to
examination or released for disclosure for any purpose not directly
connected with the administration of the child and spousal support
enforcement program. No public entity shall disclose any file,
application, paper, document, or record, or the information contained
therein, except as expressly authorized by this section.
   (2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the party, a good
cause claim under Section 11477.04 of the Welfare and Institutions
Code has been approved or is pending, or the public agency
responsible for establishing paternity or enforcing support has
reason to believe that the release of the information may result in
physical or emotional harm to the party or the child. When a local
child support agency is prohibited from releasing information
pursuant to this subdivision, the information shall be omitted from
any pleading or document to be submitted to the court and this
subdivision shall be cited in the pleading or other document as the
authority for the omission. The information shall be released only
upon an order of the court pursuant to paragraph (6) of subdivision
(c).
   (3) Notwithstanding any other provision of law, a proof of service
filed by the local child support agency shall not disclose the
address where service of process was accomplished. Instead, the local
child support agency shall keep the address in its own records. The
proof of service shall specify that the address is on record at the
local child support agency and that the address may be released only
upon an order from the court pursuant to paragraph (6) of subdivision
(c). The local child support agency shall, upon request by a party
served, release to that person the address where service was
effected.
   (c) Disclosure of the information described in subdivision (b) is
authorized as follows:
   (1) All files, applications, papers, documents, and records as
described in subdivision (b) shall be available and may be used by a
public entity for all administrative, civil, or criminal
investigations, actions, proceedings, or prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code and to the county welfare department responsible for
administering a program operated under a state plan pursuant to Part
A, Subpart 1 or 2 of Part B, or Part E of Subchapter IV of Chapter 7
of Title 42 of the United States Code.
   (2) A document requested by a person who wrote, prepared, or
furnished the document may be examined by or disclosed to that person
or his or her designee.
   (3) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
   (4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
   (5) Public records subject to disclosure under the Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of the
Government Code) may be released.
   (6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 3 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the local child
support agency and the parties appearing at the hearing if there is
reason to believe that release of the requested information may
result in physical or emotional harm to a party. If the court
determines that harm may occur, the court shall issue any protective
orders or injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
   (7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, any appropriate
law enforcement agency, or to any state or county child protective
agency, or may be used in any judicial proceedings to prosecute that
crime or to protect the child.
   (8) The social security number, most recent address, and the place
of employment of the absent parent may be released to an authorized
person as defined in Section 653(c) of Title 42 of the United States
Code, only if the authorized person has filed a request for the
information, and only if the information has been provided to the
California Parent Locator Service by the federal Parent Locator
Service pursuant to Section 653 of Title 42 of the United States
Code. 
   (9) A parent's name, social security number, most recent address,
telephone number, place of employment, or other contact information
may be released to a county child welfare agency or county probation
department pursuant to subdivision (c) of Section 17506. 
   (d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this division, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
   (2) For purposes of this division, "obligor" means any person
owing a duty of support.
   (3) As used in this division, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
local child support agency is attempting to establish paternity or
establish, modify, or enforce support pursuant to Section 17400.
   (e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
   (f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
  SEC. 3.  Section 17505 of the Family Code is amended to read:
   17505.  (a) All state, county, and local agencies shall cooperate
with the local child support agency (1) in the enforcement of any
child support obligation or to the extent required under the state
plan under Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9, Section 270 of the Penal Code, and Section 17604, and (2)
the enforcement of spousal support orders and in the location of
parents or putative parents. The local child support agency may enter
into an agreement with and shall secure from a municipal, county, or
state law enforcement agency, pursuant to that agreement, state
summary criminal record information through the California Law
Enforcement Telecommunications System. This subdivision applies
irrespective of whether the children are or are not receiving aid to
families with dependent children. All state, county, and local
agencies shall cooperate with the district attorney in implementing
Chapter 8 (commencing with Section 3130) of Part 2 of Division 8
concerning the location, seizure, and recovery of abducted,
concealed, or detained minor children.
   (b) On request, all state, county, and local agencies shall supply
the local child support agency of any county in this state or the
California Parent Locator Service with all information on hand
relative to the location, income, or property of any parents,
putative parents, spouses, or former spouses, notwithstanding any
other provision of law making the information confidential, and with
all information on hand relative to the location and prosecution of
any person who has, by means of false statement or representation or
by impersonation or other fraudulent device, obtained aid for a child
under this chapter.
   (c) The California Child Support Automation System, or its
replacement, shall be entitled to the same cooperation and
information provided to the California Parent Locator Service, to the
extent allowed by law. The California Child Support Automation
System, or its replacement, shall be allowed access to criminal
offender record information only to the extent that access is allowed
by law.
   (d) Information exchanged between the California Parent Locator
Service or the California Child Support Automation System, or its
replacement, and state, county, or local agencies as specified in
 Section   Sections 653(c)(4) and  666(c)
(1)(D) of Title 42 of the United State Code shall be through
automated processes to the maximum extent feasible.
  SEC. 4.  Section 17506 of the Family Code is amended to read:
   17506.  (a) There is in the department a California Parent Locator
Service and Central Registry that shall collect and disseminate all
of the following, with respect to any parent, putative parent,
spouse, or former spouse:
   (1) The full and true name of the parent together with any known
aliases.
   (2) Date and place of birth.
   (3) Physical description.
   (4) Social security number.
   (5) Employment history and earnings.
   (6) Military status and Veterans Administration or military
service serial number.
   (7) Last known address, telephone number, and date thereof.
   (8) Driver's license number, driving record, and vehicle
registration information.
   (9) Criminal, licensing, and applicant records and information.
   (10) (A) Any additional location, asset, and income information,
including income tax return information obtained pursuant to Section
19285.1 of the Revenue and Taxation Code, and to the extent permitted
by federal law, the address, telephone number, and social security
number obtained from a public utility, cable television corporation,
a provider of electronic digital pager communication, or a provider
of mobile telephony services that may be of assistance in locating
the parent, putative parent, abducting, concealing, or detaining
parent, spouse, or former spouse, in establishing a parent and child
relationship, in enforcing the child support liability of the absent
parent, or enforcing the spousal support liability of the spouse or
former spouse to the extent required by the state plan pursuant to
Section 17604.
   (B) For purposes of this subdivision, "income tax return
information" means all of the following regarding the taxpayer:
   (i) Assets.
   (ii) Credits.
   (iii) Deductions.
   (iv) Exemptions.
   (v) Identity.
   (vi) Liabilities.
   (vii) Nature, source, and amount of income.
   (viii) Net worth.
   (ix) Payments.
   (x) Receipts.
   (xi) Address.
   (xii) Social security number.
   (b) Pursuant to a letter of agreement entered into between the
Department of Child Support Services and the Department of Justice,
the Department of Child Support Services shall assume responsibility
for the California Parent Locator Service and Central Registry. The
letter of agreement shall, at a minimum, set forth all of the
following:
   (1) Contingent upon funding in the Budget Act, the Department of
Child Support Services shall assume responsibility for leadership and
staff of the California Parent Locator Service and Central Registry
commencing July 1, 2003.
   (2) All employees and other personnel who staff or provide support
for the California Parent Locator Service and Central Registry
shall, at the time of the transition, at their option, become the
employees of the Department of Child Support Services at their
existing or equivalent classification, salaries, and benefits.
   (3) Until the department's automation system for the California
Parent Locator Service and Central Registry functions is fully
operational, the department shall use the automation system operated
by the Department of Justice.
   (4) Any other provisions necessary to ensure continuity of
function and meet or exceed existing levels of service.
   (c) To effectuate the purposes of this section, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, and the Franchise Tax Board shall
utilize the federal Parent Locator Service to the extent necessary,
and may request and shall receive from all departments, boards,
bureaus, or other agencies of the state, or any of its political
subdivisions, and those entities shall provide, that assistance and
data that will enable the Department of Child Support Services and
other public agencies to carry out their powers and duties to locate
parents, spouses, and former spouses, and to identify their assets,
to establish parent-child relationships, and to enforce liability for
child or spousal support, and for any other obligations incurred on
behalf of children, and shall also provide that information to any
local child support agency in fulfilling the duties prescribed in
Section 270 of the Penal Code, and in Chapter 8 (commencing with
Section 3130) of Part 2 of Division 8 of this code, relating to
abducted, concealed, or detained children  and to any county
child welfare agency or county probation department in fulfilling the
duties prescribed in Article 5.5 (commencing with Section 290.1) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code, and prescribed in Article 6 (commencing with Section 300) of
Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions
Code to identify, locate, and notify parents of children who are the
subject of juvenile court proceedings, to establish parent and child
relationships pursuant to Section 316.2 of the Welfare and
Institutions Code, and to assess the appropriateness of placement of
a child with a noncustodial parent pursuant   to Section
361.2 of the Welfare and Institutions Code. County child welfare
agencies and probation departments shall be entitled to that
information regardless of whether the State Department of Social
Services has taken any action to implement the entitlement, including
amending the foster care state plan required by S   ubtitle
IV-E (commencing with Section 470) of the federal Social Security
Act (42 U.S.C. Sec. 670 et seq.), issuing regulations, or entering
into an interagency agreement  . The California Child Support
Automation System shall be entitled to the same cooperation and
information as the California Parent Locator Service and Central
Registry to the extent allowed by law. The California Child Support
Automation System shall be allowed access to criminal record
information only to the extent that access is allowed by state and
federal law.
   (d) (1) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation, or
tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California Child
Support Automation System may request and shall receive from public
utilities, as defined in Section 216 of the Public Utilities Code,
customer service information, including the full name, address,
telephone number, date of birth, employer name and address, and
social security number of customers of the public utility, to the
extent that this information is stored within the computer database
of the public utility.
   (2) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation, or
tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California Child
Support Automation System may request and shall receive from cable
television corporations, as defined in Section 216.4 of the Public
Utilities Code, the providers of electronic digital pager
communication, as defined in Section 629.51 of the Penal Code, and
the providers of mobile telephony services, as defined in Section
224.4 of the Public Utilities Code, customer service information,
including the full name, address, telephone number, date of birth,
employer name and address, and social security number of customers of
the cable television corporation, customers of the providers of
electronic digital pager communication, and customers of the
providers of mobile telephony services.
   (3) In order to protect the privacy of utility, cable television,
electronic digital pager communication, and mobile telephony service
customers, a request to a public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services for customer service
information pursuant to this section shall meet the following
requirements:
   (A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Automation System
and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall be
deemed to be an administrative subpoena for customer service
information.
   (B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Automation System.
   (C) Contain at least three of the following data elements
regarding the person sought:
   (i) First and last name, and middle initial, if known.
   (ii) Social security number.
   (iii) Driver's license number.
   (iv) Birth date.
   (v) Last known address.
   (vi) Spouse's name.
   (D) The California Parent Locator Service and Central Registry and
the California Child Support Automation System shall ensure that
each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the
names of persons authorized to request customer service information.
   (E) The California Child Support Automation System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, providers of electronic digital pager
communication, or provider of mobile telephony services is applicable
to the person who is being sought before releasing the information
pursuant to subdivision (d).
   (4) During the development of the California Child Support
Automation System, the department shall determine the necessity of
additional locate sources, including those specified in this section,
based upon the cost-effectiveness of those sources.
   (5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Automation
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.
   (6) No public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider or official or employee thereof, shall be subject to
criminal or civil liability for the release of customer service
information as authorized by this subdivision.
   (e) Notwithstanding Section 14202 of the Penal Code, any records
established pursuant to this section shall be disseminated only to
the Department of Child Support Services, the California Child
Support Automation System, the California Parent Locator Service and
Central Registry, the parent locator services and central registries
of other states as defined by federal statutes and regulations, a
local child support agency of any county in this state, and the
federal Parent Locator Service. The California Child Support
Automation System shall be allowed access to criminal offender record
information only to the extent that access is allowed by law.
   (f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Automation System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other provision of law.
   (2) This subdivision shall not otherwise affect discovery between
parties in any action to establish, modify, or enforce child, family,
or spousal support, that relates to custody or visitation.
   (g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation of
the California Child Support Automation System, the Department of
Child Support Services shall assume all responsibility for
promulgating rules and regulations for use of the California Parent
Locator Service and Central Registry.
   (2) The Department of Child Support Services, the Public Utilities
Commission, the cable television corporations, providers of
electronic digital pager communication, and the providers of mobile
telephony services shall develop procedures for obtaining the
information described in subdivision (c) from public utilities, cable
television corporations, providers of electronic digital pager
communication, and providers of mobile telephony services and for
compensating the public utilities, cable television corporations,
providers of electronic digital pager communication, and providers of
mobile telephony services for providing that information.
   (h) The California Parent Locator Service and Central Registry may
charge a fee not to exceed eighteen dollars ($18) for any service it
provides pursuant to this section that is not performed or funded
pursuant to Section 651 and following of Title 42 of the United
States Code.
   (i) This section shall be construed in a manner consistent with
the other provisions of this article.
  SEC. 5.  Section 11478.1 of the Welfare and Institutions Code is
amended to read:
   11478.1.  (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and child
abduction records, and to thereby encourage the full and frank
disclosure of information relevant to all of the following:
   (1) The establishment or maintenance of parent and child
relationships and support obligations.
   (2) The enforcement of the child support liability of absent
parents.
   (3) The enforcement of spousal support liability of the spouse or
former spouse to the extent required by the state plan under Section
11475.2 of this code and Chapter 6 (commencing with Section 4900) of
Part 5 of Division 9 of the Family Code.
   (4) The location of absent parents.
   (5) The location of parents and children abducted, concealed, or
detained by them.
   (b) (1) Except as provided in subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part
D (commencing with Section 651) of Subchapter IV of Chapter 7 of
Title 42 of the United States Code and this article, shall be
confidential, and shall not be open to examination or released for
disclosure for any purpose not directly connected with the
administration of the child and spousal support enforcement program.
No public entity shall disclose any file, application, paper,
document, or record, or the information contained therein, except as
expressly authorized by this section.
   (2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the former party, a
good cause claim under Section 11477.04 has been approved or is
pending, or the public agency responsible for establishing paternity
or enforcing support has reason to believe that the release of the
information may result in physical or emotional harm to the former
party or the child.
   (3) Notwithstanding any other provision of law, a proof of service
filed by the district attorney shall not disclose the address where
service of process was accomplished. Instead, the district attorney
shall keep the address in his or her own records. The proof of
service shall specify that the address is on record at the district
attorney's office and that the address may be released only upon an
order from the court pursuant to paragraph (6) of subdivision (c).
The district attorney shall, upon request by a party served, release
to that person the address where service was effected.
   (c) Disclosure of the information described in subdivision (b) is
authorized as follows:
   (1) All files, applications, papers, documents and records as
described in subdivision (b) shall be available and may be used by a
public entity for all administrative, civil, or criminal
investigations, actions, proceedings, or prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code, and any other plan or program described in Section 303.21 of
Title 45 of the Code of Federal Regulations and to the county welfare
department responsible for administering a program operated under a
state plan pursuant to Subpart 1 or 2 or Part B or Part E of
Subchapter IV of Chapter 7 of Title 42 of the United States Code.
   (2) A document requested by a person who wrote, prepared, or
furnished the document may be examined by or disclosed to that person
or his or her designee.
   (3) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
   (4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
   (5) Public records subject to disclosure under the Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of the
Government Code) may be released.
   (6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 3 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the district
attorney and the parties appearing at the hearing if there is reason
to believe that release of the requested information may result in
physical or emotional harm to a party. If the court determines that
harm may occur, the court shall issue any protective orders or
injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
   (7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, any appropriate
law enforcement agency, or to any state or county child protective
agency, or may be used in any judicial proceedings to prosecute that
crime or to protect the child.
   (8)  (A)    The social security number, most
recent address, and the place of employment of the absent parent may
be released to an authorized person as defined in Section 653(c) of
Title 42 of the United States Code, only if the authorized person has
filed a request for the information, and only if the information has
been provided to the California Parent Locator Service by the
federal Parent Locator Service pursuant to Section 653 of Title 42 of
the United States Code. 
   (B) The information described in subparagraph (A) may be disclosed
to the county child welfare agency and the county probation
department responsible for administering a program operated under a
state plan pursuant to Subpart 1 (commencing with Section 621) or 2
(commencing with Section 629) of Part B of, or pursuant to Part E
(commencing with Section 670) of, Subchapter IV of Chapter 7 of Title
42 of the United States Code. Information exchanged between the
California Parent Locator Service or the California Child Support
Automation System, or its replacement, and the county welfare agency
shall be through automated processes to the maximum extent feasible.
The State Department of Social Services shall, no later than January
30, 2013, amend the foster care state plan required under Subtitle
IV-E (commencing with Section 470) of the federal Social Security Act
(42 U.S.C. Sec. 670 et seq.) to implement this access to information
provided to the California Parent Locator Service by the federal
Parent Locator Service to ensure that it is not in conflict with and
facilitates implementation of paragraph (9) of subdivision (c) of
Section 17212, and subdivision (c) of Section 17506, of the Family
Code.  
   (C) On or before July 1, 2013, the State Department of Social
Services shall issue an all-county letter or similar instruction from
the Director of Social Services explaining that county child welfare
and probation agencies are entitled to the information described in
paragraph (9) of subdivision (c) of Section 17212 and subdivision (c)
of Section 17506 of the Family Code. In the discretion of the
Director of Social Services, the State Department of Social Services
may adopt emergency regulations to implement the applicable
provisions of this act in accordance with the Administrative
Procedure Act. The initial adoption of emergency regulations and one
readoption of the emergency regulations shall be deemed to be an
emergency and necessary for the immediate preservation of the public
peace, health, safety, or general welfare. Initial emergency
regulations and the first readoption of those regulations shall be
exempt from review by the Office of Administrative Law. The emergency
regulations authorized by this paragraph shall be submitted to the
Office of Administrative Law for filing with the Secretary of State
and shall remain in effect for no more than 180 days. In its
discretion, the State Department of Social Services may develop an
interagency agreement with the Department of Child Support Services
that delineates the terms and conditions of the county child welfare
agency's access to information described in this paragraph that is
provided by the federal Parent Locator Service to the California
Parent Locator Service and Central Registry, as described in Section
17506 of the Family Code, and to ensure timely feedback on any
information obtained on an absent parent. 
   (d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this section, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
   (2) For purposes of this section, "obligor" means any person owing
a duty of support.
   (3) As used in this chapter, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
district attorney is attempting to establish paternity or establish,
modify, or enforce support pursuant to Section 11475.1.
   (e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
   (f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
  SEC. 6.  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.