BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 1751| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 1751 Author: Pan (D) Amended: 8/24/12 in Senate Vote: 21 SENATE JUDICIARY COMMITTEE : 4-0, 6/26/12 AYES: Evans, Harman, Corbett, Leno NO VOTE RECORDED: Blakeslee SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 ASSEMBLY FLOOR : 76-0, 5/14/12 - See last page for vote SUBJECT : Child support: access to information SOURCE : Childrens Advocacy Institute DIGEST : This bill authorizes county welfare and probation agencies to obtain identifying and contact information for parents of children subject to juvenile court proceedings from the California Parent Locator Service (CA-PLS) in order to identify, notify, and assess noncustodial parents for the placement of dependent children. Senate Floor Amendments of 8/24/12 clarify which entities are responsible for informing county child welfare agencies and probation departments about access to information from the California Child Support Automation System. CONTINUED AB 1751 Page 2 ANALYSIS : Existing federal law establishes the Federal Parent Locator Service (FPLS), which is authorized to collect specified information concerning parents and disseminate that information to authorized parties for the purposes of establishing parentage and establishing, modifying, or enforcing child support obligations. (42 United States Code Section 653) Existing federal law permits a state parent locator service to disclose specified information obtained from the FPLS to a state agency administering a state plan for child welfare services, a plan for family support, preservation, or reunification, or a plan for foster care services, for the purpose of locating an individual who has or may have parental rights with respect to a child. (45 Code of Federal Regulations Section 302.35(a)(2)-(3), (d)(1)-(2)) Existing law provides it is the intent of the Legislature to protect individual rights and privacy, and to facilitate and enhance child and spousal support by encouraging the full and frank disclosure of: the establishment and maintenance of parent and child relationships and support obligations; the enforcement of the child support liability of absent parents; and the location of absent parents. (Family Code (FAM) Section 17212; Welfare and Institutions Code (WIC) Section 11478.1) Existing law establishes the California Parent Locator Service and Central Registry for the purpose of collecting and disseminating specified information concerning any parent, putative spouse, spouse, or former spouse, in order to enable the DCSS and other public agencies to locate parents, identify their assets, to establish parent-child relationships, and to enforce support obligations. (FAM Section 17506) Existing law mandates that, when a child is removed from his/her home due to abuse or neglect, social workers must identify all adult relatives of the child within 30 days in CONTINUED AB 1751 Page 3 an attempt to find a suitable relative for placement, consistent with the child's best interests, and requires preferential consideration to be given whenever possible for the placement of the child with a relative as required by law. (WIC Sections 16000(a), 361.3, 309(e)) This bill permits information provided to the CA-PLS by the FPLS to be released to county child welfare and probation agencies administering a state plan for child welfare service, family support and reunification, or foster care services pursuant to federal law, and requires that such information be exchanged through automated processes to the maximum extent feasible. This bill requires DSS and the Department of Child Support Services to issue an all-county letter or similar instruction by July 1, 2013 explaining that county child welfare agencies and probation departments are entitled to specified information contained in child and spousal support records. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: Yes SUPPORT : (Verified 8/14/12) Children's Advocacy Institute (source) California Probation, Parole, and Correctional Association Chief Probation Officers of California County Welfare Directors Association of California Junior Leagues of California State Public Affairs Committee National Association of Social Workers, California Chapter Santa Clara County Board of Supervisors SEIU ARGUMENTS IN SUPPORT : According to the author, "If an appropriate family placement is available for the child, he or she should not be in foster care. 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." CONTINUED AB 1751 Page 4 The County Welfare Directors Association of California writes: AB 1751 will enable county child welfare agencies and probation officers to access child support information in order to locate noncustodial parents who could provide a stable placement for children who would otherwise be placed in foster care due to abuse or neglect. Federal authorization exists for county child welfare agencies to access and use this information in making placement decisions for children. Unfortunately, this authorization has never been operationalized in California, leaving counties without this potentially valuable tool at their disposal. ASSEMBLY FLOOR : 76-0, 5/14/12 AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Bill Berryhill, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones, Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan, V. Manuel Pérez, Portantino, Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner, Wieckowski, Williams, Yamada, John A. Pérez NO VOTE RECORDED: Atkins, Fletcher, Perea, Valadao RJG:km 8/24/12 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED AB 1751 Page 5 CONTINUED