BILL ANALYSIS Ó
AB 1751
Page 1
Date of Hearing: April 10, 2012
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall Jr., Chair
AB 1751 (Pan) - As Introduced: February 17, 2012
SUBJECT : Child support: access to information
SUMMARY : Provides for the access of county child welfare
agencies and county probation departments to specified child
support information related to the noncustodial parents of
children who are subject to juvenile court proceedings.
Specifically, this bill :
1)Finds and declares that:
a) It is in the best interest of a child who has been
abused or neglected by a custodial parent and in the
financial interest of the state that a noncustodial parent
who may offer the child an alternative placement to foster
care be located; and,
b) For the above reasons, and to reduce costly court
continuances, ensure more timely and cost-effective
determinations of paternity, and reduce or prevent
placements in foster care, county welfare and probation
departments must be permitted routine access to child
support information.
2)Requires the disclosure by all state departments, boards,
agencies, bureaus, or other agencies of the state or local
government of a parent's name, social security number, most
recent address, telephone number, place of employment, or
other contact information to a county child welfare agency or
county probation department to identify, locate, and notify
parents of children who are the subject of juvenile court
proceedings, to establish parent and child relationships, and
to assess the appropriateness of placements of a child with a
noncustodial parent.
3)Authorizes 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 probation departments established or
maintained by any public entity pursuant to the administration
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and implementation of the child and spousal support
enforcement program.
4)Requires the state Department of Social Services (DSS), no
later than January 30, 2013, to amend the foster care state
plan required by federal law to implement access to
information provided to the California Parent Locator Service
by the federal Parent Locator Services (FPLS) to ensure
compliance with and facilitation of provisions related to the
location of parents of children who are the subject of
juvenile court proceedings.
5)Requires DSS, on or before July 1, 2013, to issue an
all-county letter or similar instruction explaining the
entitlement of county child welfare and probation agencies to
specified information in child and spousal support records.
6)Authorizes DSS to adopt emergency regulations, and to develop
an interagency agreement with the Department of Child Support
Services, to implement the provisions of this bill.
EXISTING LAW
1)Provides that when a child is removed from the physical
custody of his or her parents, preferential consideration
shall be given whenever possible to the placement of the child
with a relative. Welfare & Institutions (W&I) Code § 16000.
2)Requires, with specified exceptions, the confidentiality of
all information 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 federal law. Family Code §
17212.
3)Establishes within the California Department of Child Support
Services the California Parent Locator Service and Central
Registry (CPLS), which collects and disseminates specified
information about parents, putative parents, spouses, or
former spouses. Family Code § 17506.
4)Requires the assignment to the county of any rights to support
by any applicant for or recipient of aid under the California
Work Opportunity and Responsibility to Kids Act, subject to
confidentiality requirements pertaining to implementation of
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the child and spousal support enforcement program. W&I Code
§§ 11477, 11478.1.
5)Under the federal Adoption and Safe Families Act of 1997
(Public Law 105-89), establishes the FPLS, enabling authorized
state agencies to access information on, or to facilitate the
discovery and location of any individual who is under an
obligation to pay child support, against whom an obligation is
sought, or to whom an obligation is owed, including the
person's Social Security Number, address, employer's name and
address, and employment wages, benefits and other income.
FISCAL EFFECT : Unknown
COMMENTS : The author points out that, in recognition of the
importance of family preservation and in alignment with federal
law, following a child's removal from their home a social worker
must, within 30 days, conduct an investigation to "identify and
locate all grandparents, adult siblings, and other adult
relatives of the child" in an attempt to find a suitable
relative for placement, consistent with the child's best
interests (W&I Code §§ 361.3; 309(e)). "Unfortunately," the
author says, "current law does not explicitly allow county child
welfare agencies and probation officers to utilize an important
resource within the child welfare system-the child support
information database-and as a result, social workers do not
routinely access this source of information about alternatives
to foster care."
In addressing the need for this bill, the author says:
With approximately 60,000 children currently in the
state's foster-care system and an ongoing state budget
shortfall, county welfare agencies have fewer
resources than ever to do their jobs. This
common-sense bill would allow local child welfare
agencies and probation officers to access the child
support information that already exists in the state
child support database and to obtain critical contact
information such as the parent's name, social security
number, most recent address, phone number, and place
of employment
This, in turn, will allow the case worker to contact
the parent to see if they want to and can provide a
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caring alternative to foster care for the abused or
neglected child. This measure provides county child
welfare agencies, social workers, and probation
officers with the information they need to make
timely, appropriate decisions regarding the placement
of abused and neglected children who have been removed
from their homes.
DSS has had the ability to access data available to the CPLS
through the FPLS since 1997 but has apparently not taken the
prerequisite steps to amend the state foster care plan. This
bill requires DSS, by January 30, 2013, to amend the foster care
state plan required by federal law to implement access to
information provided to the CPLS by the FPLS.
DOUBLE REFERRAL . This bill has been double-referred. Should
this bill pass out of this committee, it will be referred to the
Assembly Judiciary Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089