BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 1751|
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                                 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.

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           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 

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          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."


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          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

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