Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2882


Introduced by Committee on Judiciary (Assembly Members Mark Stone (Chair), Alejo, Chau, Chiu, Cristina Garcia, and Holden)

February 25, 2016


An act to amend Sections 302, 304, 306.5, 308, 360, 500,begin delete and 8714 ofend deletebegin insert 4007.5, 4014, 4052.5, 8714, 17212, 17306, 17400, 17434, 17450, 17460, 17506, 17508, 17522.5, 17523.5, 17525, 17528, 17710, and 17801 of, to add Section 17504.1 to, to add Article 4 (commencing with Section 17390) to Chapter 1 of Division 17 of, and to repeal Sections 17458 and 17802 of,end insert the Family Code, to add Section 69619.5 to the Government Code, and to amend Section 361begin delete ofend deletebegin insert of, toend insertbegin insert repeal Sections 11475.2, 11475.3, and 11476.2 of, to repeal Chapter 4 (commencing with Section 10080) of Part 1 of, and to repeal Chapter 6 (commencing with Section 16575) of Part 4 of, Division 9 of,end insert the Welfare and Institutions Code, relating to family law.

LEGISLATIVE COUNSEL’S DIGEST

AB 2882, as amended, Committee on Judiciary. Judiciary omnibus: family law.

(1) Existing law provides that an unmarried person under 18 years of age is capable of consenting to and consummating marriage upon obtaining a court order granting permission of the underage person or persons to marry. Existing law requires the court order and written consent of the parents of each underage person, or of one of the parents or the guardian of each underage person, to be filed with the clerk of the court, and requires a certified copy of the order to be presented to the county clerk at the time the marriage license is issued.

This bill would instead require the court order and written consent of at least one of the parents or the guardian of each underage person to be filed with the clerk of the court.

Existing law provides that parties to a marriage are not required to have the same name. Existing law provides that one party or both parties to a marriage may elect to change the middle or last names, or both, by which that party wishes to be known after solemnization of the marriage, and authorizes a person to adopt any of the specified last names and middle names, including a hyphenated combination of last names and a hyphenated combination of the current middle name and current last name of the person or spouse or a hyphenated combination of the current middle name and the last name given at birth of the person or spouse.

begin delete

The

end delete

begin insertThisend insert bill would instead authorize a person to adopt a combination of last names, and a combination of the current middle name and the current last name of the person or spouse or a combination of the current middle name and the last name given at birth of the person or spouse.

Existing law requires the person solemnizing the marriage to obtain a duplicate marriage license, if a marriage license is lost, damaged, or destroyed after the marriage ceremony, but before it is returned to the county recorder, or deemed unacceptable for registration by the county recorder. Existing law prohibits the duplicate marriage license from being issued later than one year after the issuance of the original license and requires the license to be returned by the person solemnizing the marriage to the county recorder within one year of the issuance date shown on the original license.

begin delete

The

end delete

begin insertThisend insert bill would instead prohibit the duplicate marriage license from being issued later than one year after the date of marriage, and would require the license be returned by the person solemnizing the marriage to the county recorder within one year of the date of marriage.

(2) Existing law authorizes a person desiring to adopt a nondependent child to file an adoption request in an authorized county. Under existing law, a petition for adoption of a nondependent child may be filed in specified locations, including the county in which the petitioner resides or where the adoption agency, department, or public adoption agency is located. If a child has been adjudged to be a dependent of the juvenile court, and thereafter has been freed for adoption by the juvenile court, existing law authorizes the petition to be filed in either the county where the petitioner resides or in the county where the child was freed for adoption.

begin delete

The

end delete

begin insertThisend insert bill would instead provide that a petitioner desiring to adopt a dependent child who is freed for adoption by the juvenile court and with whom that dependent child is placed for adoption may file the adoption request either in the county where the petitioner resides or in the county where the child was freed for adoption.

(3) Existing law authorizes the court to limit the control to be exercised over a dependent child by any parent or guardian and requires the court, by its order, to clearly and specifically set forth all those limitations in all cases in which a minor is adjudged to be a dependent child of the court. Existing law provides that the court’s authority does not limit the ability of a parent to voluntarily relinquish his or her child to the State Department of Social Services, to a county adoption agency, or to a licensed private adoption agency at any time while the child is the subject of a petition to declare him or her a dependent child, if the department, county adoption agency, or licensed private adoption agency is willing to accept the relinquishment. When accepting the relinquishment of a child subject to a petition to declare him or her a dependent child, existing law requires a licensed private adoption agency to file with the court one original and 10 copies of a request to approve the relinquishment within 5 court days of accepting the relinquishment.

begin delete

The

end delete

begin insertThisend insert bill would instead require a licensed private adoption agency, or allow another party or that party’s counsel, to file with the court one original and 5 copies of a request to approve the relinquishment within 10 court days of accepting the relinquishment.

begin insert

(4) Existing law establishes the Department of Child Support Services within the California Health and Human Services Agency, which administers all services and performs all functions necessary to establish, collect, and distribute child support. Existing state law establishes within the Department of Child Support Services a Statewide Child Support Registry and a single statewide automated child support system as required under federal law, referred to as the California Child Support Automation System. Existing law requires the Statewide Child Support Registry to include storage and data retrieval of the specified information, including any information required under federal law, for all California child support orders.

end insert
begin insert

This bill would reenact those provisions relating to the Statewide Child Support Registry in the Family Code. The bill would delete obsolete provisions in the Welfare and Institutions Code relating to the procurement and development of the California Child Support Automation System.

end insert
begin insert

Existing law requires each clerk of the court to provide the child support information described above within 20 days to the Department of Child Support Services or the registry from each new or modified child support order. Existing law requires the department to, among other things, ensure that all child support data received from the clerks of the court are entered into the registry within 10 days of receipt. Existing law requires any information maintained by the Statewide Child Support Registry received from the clerks of the court to be provided to county district attorneys, the Franchise Tax Board, the courts, and others as provided by law.

end insert
begin insert

This bill would instead require the department to ensure that all child support data received from the clerks of the court are entered into the Statewide Child Support Registry within 5 business days of receipt. The bill would instead require any information maintained by the registry received from the clerks of the court to be provided to local child support agencies, the court, and others as provided by law. The bill would require the registry to operate to ensure that all data in the registry can be accessed and integrated for statistical analysis and reporting purposes with all child support order data contained in the California Child Support Enforcement System.

end insert
begin insert

(5) Existing law establishes within the Department of Child Support Services the State Disbursement Unit for the collection and disbursement of payments under support orders. Existing law requires any child support delinquency collected by the department to be deposited into the State Treasury to the credit of the Special Deposit Fund, which is a continuously appropriated fund, and distributed as specified by interagency agreement executed by the Franchise Tax Board and the department, with concurrence of the Controller. Upon availability of the State Disbursement Unit, existing law requires any child support delinquency collected to be deposited in a manner that the deposit and subsequent disbursement are consistent with federal law.

end insert
begin insert

This bill would repeal these requirements.

end insert
begin insert

(6) Existing law requires each county to maintain a local child support agency that shall have the responsibility for promptly and effectively establishing, modifying, and enforcing child support obligations. Existing law requires local child support agencies, on a monthly basis, to provide to any CalWORKs recipient or former recipient from whom an assignment is currently effective, a notice of amount assigned support payments made on behalf of the recipient or former recipient.

end insert
begin insert

This bill would reenact this requirement in the Family Code.

end insert
begin insert

(7) Existing law requires any person, financial institution, or securities intermediary in possession or control of a financial asset upon which a levy has been issued to withhold the amount of, as applicable, the financial asset for the purpose of collecting a delinquent child support obligation to liquidate the financial asset in a commercially reasonable manner within 20 days of issuance of the levy or notice to withhold. Existing law requires, within 5 business days of liquidation, the person, financial institution, or securities intermediary to transfer to the local child support agency, the Franchise Tax Board, or the department, as applicable, the proceeds of the liquidation, as specified.

end insert
begin insert

This bill would instead require the person, financial institution, or securities intermediary to transfer to the State Disbursement Unit the proceeds of the liquidation.

end insert
begin insert

(8) This bill would delete references to the California Child Support Automation System and would refer instead to the California Child Support Enforcement System. The bill would delete obsolete references to the Franchise Tax Board and the California Family Support Council, and would also delete other obsolete provisions and make other conforming changes.

end insert
begin insert

(9) Existing law requires a child support order to be suspended, by operation of law, when an obligor is incarcerated or involuntarily institutionalized for a period exceeding 90 days, subject to specified exceptions. Existing law authorizes a local child support agency to administratively adjust account balances for a money judgment or order for support of a child if the agency verifies that arrears and interest were accrued in violation of these provisions, if specified conditions are satisfied.

end insert
begin insert

Prior law, from July 1, 2011, until July 1, 2015, similarly required the obligation of a person to pay child support pursuant to an order that is being enforced by a local child support agency under Title IV-D of the Social Security Act to be suspended for the period of time exceeding 90 days in which the person required to pay support is incarcerated or involuntarily institutionalized, with specified exceptions. Prior law authorized an obligor, upon release from incarceration or involuntary institutionalization, to petition the court for an adjustment of the arrears pursuant to the suspension of the support obligation.

end insert
begin insert

This bill would authorize a person who accrued child support arrears between July 1, 2011, and June 30, 2015, and who was eligible for an adjustment of arrears pursuant to the provisions that expired on July 1, 2015, to petition the court for a reduction in arrears in accordance with these provisions as they existed on June 30, 2015.

end insert
begin delete

(4)

end delete

begin insert(10)end insert Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.

This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2016-17 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.

begin delete

(5)

end delete

begin insert(11)end insert The bill would delete an obsolete provision, and make other nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P6    1

SECTION 1.  

Section 302 of the Family Code is amended to
2read:

P7    1

302.  

(a) An unmarried person under 18 years of age is capable
2of consenting to and consummating marriage upon obtaining a
3court order granting permission to the underage person or persons
4to marry.

5(b) The court order and written consent of at least one of the
6parents or the guardian of each underage person shall be filed with
7the clerk of the court, and a certified copy of the order shall be
8presented to the county clerk at the time the marriage license is
9issued.

10

SEC. 2.  

Section 304 of the Family Code is amended to read:

11

304.  

As part of the court order granting permission to marry
12under Section 302 or 303, the court shall, if it considers it
13necessary, require the parties to the prospective marriage of a minor
14to participate in premarital counseling concerning social, economic,
15and personal responsibilities incident to marriage. The parties shall
16not be required, without their consent, to confer with counselors
17provided by religious organizations of any denomination. In
18determining whether to order the parties to participate in the
19premarital counseling, the court shall consider, among other factors,
20the ability of the parties to pay for the counseling. The court may
21impose a reasonable fee to cover the cost of any premarital
22counseling provided by the county or the court. The fees shall be
23used exclusively to cover the cost of the counseling services
24authorized by this section.

25

SEC. 3.  

Section 306.5 of the Family Code is amended to read:

26

306.5.  

(a) Parties to a marriage shall not be required to have
27the same name. Neither party shall be required to change his or
28her name. A person’s name shall not change upon marriage unless
29that person elects to change his or her name pursuant to subdivision
30(b).

31(b) (1) One party or both parties to a marriage may elect to
32change the middle or last names, or both, by which that party
33wishes to be known after solemnization of the marriage by entering
34the new name in the spaces provided on the marriage license
35application without intent to defraud.

36(2) A person may adopt any of the following last names pursuant
37to paragraph (1):

38(A) The current last name of the other spouse.

39(B) The last name of either spouse given at birth.

P8    1(C) A name combining into a single last name all or a segment
2of the current last name or the last name of either spouse given at
3birth.

4(D) A combination of last names.

5(3) A person may adopt any of the following middle names
6pursuant to paragraph (1):

7(A) The current last name of either spouse.

8(B) The last name of either spouse given at birth.

9(C) A combination of the current middle name and the current
10last name of the person or spouse.

11(D) A combination of the current middle name and the last name
12given at birth of the person or spouse.

13(4) (A) An election by a person to change his or her name
14pursuant to paragraph (1) shall serve as a record of the name
15change. A certified copy of a marriage certificate containing the
16new name, or retaining the former name, shall constitute proof
17that the use of the new name or retention of the former name is
18lawful.

19(B) A certified copy of a marriage certificate shall be accepted
20as identification establishing a true, full name for purposes of
21Section 12800.7 of the Vehicle Code.

22(C) Nothing in this section shall be construed to prohibit the
23Department of Motor Vehicles from accepting as identification
24other documents establishing a true, full name for purposes of
25Section 12800.7 of the Vehicle Code. Those documents may
26include, without limitation, a certified copy of a marriage certificate
27recording a marriage outside of this state.

28(D) This section shall be applied in a manner consistent with
29the requirements of Sections 1653.5 and 12801 of the Vehicle
30Code.

31(5) The adoption of a new name, or the choice not to adopt a
32new name, by means of a marriage license application pursuant
33to paragraph (1) shall only be made at the time the marriage license
34is issued. After a marriage certificate is registered by the local
35registrar, the certificate shall not be amended to add a new name
36or change the name adopted pursuant to paragraph (1). An
37amendment may be issued to correct a clerical error in the new
38name fields on the marriage license. In this instance, the
39amendment shall be signed by one of the parties to the marriage
40and the county clerk or his or her deputy, and the reason for the
P9    1amendment shall be stated as correcting a clerical error. A clerical
2error as used in this part is an error made by the county clerk, his
3or her deputy, or a notary authorized to issue confidential marriage
4licenses, whereby the information shown in the new name field
5does not match the information shown on the marriage license
6application. This requirement shall not abrogate the right of either
7party to adopt a different name through usage at a future date, or
8to petition the superior court for a change of name pursuant to Title
98 (commencing with Section 1275) of Part 3 of the Code of Civil
10Procedure.

11(c) Nothing in this section shall be construed to abrogate the
12common law right of any person to change his or her name, or the
13right of any person to petition the superior court for a change of
14name pursuant to Title 8 (commencing with Section 1275) of Part
153 of the Code of Civil Procedure.

16

SEC. 4.  

Section 308 of the Family Code is amended to read:

17

308.  

A marriage contracted outside this state that would be
18valid by laws of the jurisdiction in which the marriage was
19contracted is valid in California.

20

SEC. 5.  

Section 360 of the Family Code is amended to read:

21

360.  

(a) If a marriage license is lost, damaged, or destroyed
22after the marriage ceremony, but before it is returned to the county
23recorder, or deemed unacceptable for registration by the county
24recorder, the person solemnizing the marriage, in order to comply
25with Section 359, shall obtain a duplicate marriage license by filing
26an affidavit setting forth the facts with the county clerk of the
27county in which the license was issued.

28(b) The duplicate marriage license shall not be issued later than
29one year after the date of marriage and shall be returned by the
30person solemnizing the marriage to the county recorder within one
31year of the date of marriage.

32(c) The county clerk may charge a fee to cover the actual costs
33of issuing a duplicate marriage license.

34(d) If a marriage license is lost, damaged, or destroyed before
35a marriage ceremony takes place, the applicants shall purchase a
36new marriage license and the old license shall be voided.

37

SEC. 6.  

Section 500 of the Family Code is amended to read:

38

500.  

When two unmarried people, not minors, have been living
39together as spouses, they may be married pursuant to this chapter
P10   1by a person authorized to solemnize a marriage under Chapter 1
2(commencing with Section 400) of Part 3.

3begin insert

begin insertSEC. 7.end insert  

end insert

begin insertSection 4007.5 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

4

4007.5.  

(a) Every money judgment or order for support of a
5child shall be suspended, by operation of law, for any period
6exceeding 90 consecutive days in which the person ordered to pay
7support is incarcerated or involuntarily institutionalized, unless
8either of the following conditions exist:

9(1) The person owing support has the means to pay support
10while incarcerated or involuntarily institutionalized.

11(2) The person owing support was incarcerated or involuntarily
12institutionalized for an offense constituting domestic violence, as
13defined in Section 6211, against the supported party or supported
14child, or for an offense that could be enjoined by a protective order
15pursuant to Section 6320, or as a result of his or her failure to
16comply with a court order to pay child support.

17(b) The child support obligation shall resume on the first day
18of the first full month after the release of the person owing support
19in the amount previously ordered, and that amount is presumed to
20be appropriate under federal and state law. This section does not
21preclude a person owing support from seeking a modification of
22the child support order pursuant to Section 3651, based on a change
23in circumstances or other appropriate reason.

24(c) (1) A local child support agency enforcing a child support
25order under Title IV-D of the Social Security Act (42 U.S.C. Sec.
26651 et seq.) may, upon written notice of the proposed adjustment
27to the support obligor and obligee along with a blank form provided
28for the support obligor or obligee to object to the administrative
29adjustment to the local child support agency, administratively
30adjust account balances for a money judgment or order for support
31of a child suspended pursuant to subdivision (a) if all of the
32followingbegin delete occurs:end deletebegin insert occur:end insert

33(A) The agency verifies that arrears and interest were accrued
34in violation of this section.

35(B) The agency verifies that neither of the conditions set forth
36in paragraph (1) or (2) of subdivision (a) exist.

37(C) Neither the support obligor nor obligee objects, within 30
38days of receipt of the notice of proposed adjustment, whether in
39writing or by telephone, to the administrative adjustment by the
40local child support agency.

P11   1(2) If either the support obligor or obligee objects to the
2administrative adjustment set forth in this subdivision, the agency
3shall not adjust the order, but shall file a motion with the court to
4seek to adjust the arrears and shall serve copies of the motion on
5the parties, who may file an objection to the agency’s motion with
6the court. The obligor’s arrears shall not be adjusted unless the
7court approves the adjustment.

8(3) The agency may perform this adjustment without regard to
9whether it was enforcing the child support order at the time the
10parent owing support qualified for relief under this section.

11(d) This section does not prohibit the local child support agency
12or a party from petitioning a court for a determination of child
13support or arrears amounts.

14(e) For purposes of this section, the following definitions shall
15apply:

16(1) “Incarcerated or involuntarily institutionalized” includes,
17but is not limited to, involuntary confinement to the state prison,
18a county jail, a juvenile facility operated by the Division of Juvenile
19Facilities in the Department of Corrections and Rehabilitation, or
20a mental health facility.

21(2) “Suspend” means that the payment due on the current child
22support order, an arrears payment on a preexisting arrears balance,
23or interest on arrears created during a qualifying period of
24incarceration pursuant to this section is, by operation of law, set
25to zero dollars ($0) for the period in which the person owing
26support is incarcerated or involuntarily institutionalized.

27(f) This section applies to every money judgment or child
28support order issued or modified on or after the enactment of this
29section.

begin insert

30
(g) A person who accrued child support arrears between July
311, 2011, and June 30, 2015, and who was eligible for an adjustment
32 of arrears pursuant to this section as it existed on June 30, 2015,
33may petition the court for a reduction in arrears in accordance
34with this section as it existed on June 30, 2015.

end insert
begin delete

35(g)

end delete

36begin insert(h)end insert The Department of Child Support Services shall, by January
371, 2016, and in consultation with the Judicial Council, develop
38forms to implement this section.

begin delete

39(h)

end delete

P12   1begin insert(i)end insert On or before January 1, 2019, the Department of Child
2Support Services and the Judicial Council shall conduct an
3evaluation of the effectiveness of the administrative adjustment
4process authorized by this section and shall report the results of
5the review, as well as any recommended changes, to the Assembly
6Judiciary Committee and the Senate Judiciary Committee. The
7evaluation shall include a review of the ease of the process to both
8the obligor and obligee, as well as an analysis of the number of
9cases administratively adjusted, the number of cases adjusted in
10court, and the number of cases not adjusted.

begin delete

11(i)

end delete

12begin insert(j)end insert This section shall remain in effect only until January 1, 2020,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before January 1, 2020, deletes or extends that date.

15begin insert

begin insertSEC. 8.end insert  

end insert

begin insertSection 4014 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

16

4014.  

(a) Any order for child support issued or modified
17pursuant to this chapter shall include a provision requiring the
18obligor and child support obligee to notify the other parent or, if
19the order requires payment through an agency designated under
20Title IV-D of the Social Security Act (42 U.S.C. Sec.begin delete 651,end deletebegin insert 651end insert et
21seq.), the agency named in the order, of the name and address of
22his or her current employer.

23(b) The requirements set forth in this subdivision apply only in
24cases in which the local child support agency is not providing child
25 support services pursuant to Section 17400. To the extent required
26by federal law, and subject to applicable confidentiality provisions
27of state or federal law, any judgment for paternity and any order
28for child support entered or modified pursuant to any provision of
29law shall include a provision requiring the child support obligor
30and obligee to file with the court all of the following information:

31(1) Residential and mailing address.

32(2) Social security number.

33(3) Telephone number.

34(4) Driver’s license number.

35(5) Name, address, and telephone number of the employer.

36(6) Any other information prescribed by the Judicial Council.

37The judgment or order shall specify that each parent is
38responsible for providing his or her own information, that the
39information must be filed with the court within 10 days of the court
40order, and that new or different information must be filed with the
P13   1court within 10 days after any event causing a change in the
2previously provided information.

3(c) The requirements set forth in this subdivision shall only
4apply in cases in which the local child support agency is not
5providing child support services pursuant to Section 17400. Once
6the child support registry, as described in Sectionbegin delete 16576 of the
7Welfare and Institutions Codeend delete
begin insert 17391end insert is operational, any judgment
8for paternity and any order for child support entered or modified
9pursuant to any provision of law shall include a provision requiring
10the child support obligor and obligee to file and keep updated the
11information specified in subdivision (b) with the child support
12registry.

13(d) The Judicial Council shall develop forms to implement this
14section. The forms shall be developed so as not to delay the
15implementation of the Statewide Child Support Registry described
16in Sectionbegin delete 16576 of the Welfare and Institutions Codeend deletebegin insert 17391end insert and
17shall be available no later than 30 days prior to the implementation
18of the Statewide Child Support Registry.

19begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 4052.5 of the end insertbegin insertFamily Codeend insertbegin insert is amended to read:end insert

20

4052.5.  

(a) The statewide uniform guideline, as required by
21federal regulations, shall apply in any case in which a child has
22more than two parents. The court shall apply the guideline by
23dividing child support obligations among the parents based on
24income and amount of time spent with the child by each parent,
25pursuant to Section 4053.

26(b) Consistent with federal regulations, after calculating the
27amount of support owed by each parent under the guideline, the
28presumption that the guideline amount of support is correct may
29be rebutted if the court finds that the application of the guideline
30in that case would be unjust or inappropriate due to special
31circumstances, pursuant to Section 4057. If the court makes that
32finding, the court shall divide child support obligations among the
33parents in a manner that is just and appropriate based on income
34and amount of time spent with the child by each parent, applying
35the principles set forth in Section 4053 and this article.

36(c) Nothing in this section shall be construed to require
37reprogramming of the California Child Supportbegin delete Automation
38System, established pursuant to Chapter 4 (commencing with
39Section 10080) of Part 1 of Division 9 of the Welfare and
40Institutions Code,end delete
begin insert Enforcement System,end insert a change to the statewide
P14   1uniform guideline for determining child support set forth in Section
24055, or a revision by the Department of Child Support Services
3of its regulations, policies, procedures, forms, or training materials.

4

begin deleteSEC. 7.end delete
5
begin insertSEC. 10.end insert  

Section 8714 of the Family Code is amended to read:

6

8714.  

(a) A person desiring to adopt a nondependent child
7may for that purpose file an adoption request in a county authorized
8by Section 8609.5. A person desiring to adopt a child who has
9been adjudged to be a dependent of the juvenile court pursuant to
10Section 300 of the Welfare and Institutions Code, freed for
11adoption by the juvenile court, and placed for adoption with the
12petitioner, may file the adoption request either in the county where
13the petitioner resides or in the county where the child was freed
14for adoption.

15(b) The court clerk shall immediately notify the department at
16Sacramento in writing of the pendency of the proceeding and of
17any subsequent action taken.

18(c) If the petitioner has entered into a postadoption contact
19agreement with the birth parent as set forth in Section 8616.5, the
20agreement, signed by the participating parties, shall be attached
21to and filed with the petition for adoption under subdivision (a).

22(d) The caption of the adoption petition shall contain the names
23of the petitioners, but not the child’s name. The petition shall state
24the child’s sex and date of birth. The name the child had before
25adoption shall appear in the joinder signed by the licensed adoption
26agency.

27(e) If the child is the subject of a guardianship petition, the
28adoption petition shall so state and shall include the caption and
29docket number or have attached a copy of the letters of the
30guardianship or temporary guardianship. The petitioners shall
31notify the court of any petition for guardianship or temporary
32guardianship filed after the adoption petition. The guardianship
33proceeding shall be consolidated with the adoption proceeding.

34(f) The order of adoption shall contain the child’s adopted name,
35but not the name the child had before adoption.

36begin insert

begin insertSEC. 11.end insert  

end insert

begin insertSection 17212 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
37read:end insert

38

17212.  

(a) It is the intent of the Legislature to protect
39individual rights of privacy, and to facilitate and enhance the
40effectiveness of the child and spousal support enforcement
P15   1program, by ensuring the confidentiality of support enforcement
2and child abduction records, and to thereby encourage the full and
3frank disclosure of information relevant to all of the following:

4(1) The establishment or maintenance of parent and child
5relationships and support obligations.

6(2) The enforcement of the child support liability of absent
7parents.

8(3) The enforcement of spousal support liability of the spouse
9or former spouse to the extent required by the state plan under
10Section 17604 and Part 6 (commencing with Section 5700.101)
11of Division 9.

12(4) The location of absent parents.

13(5) The location of parents and children abducted, concealed,
14or detained by them.

15(b) (1) Except as provided in subdivision (c), all files,
16applications, papers, documents, and records established or
17maintained by any public entity pursuant to the administration and
18implementation of the child and spousal support enforcement
19program established pursuant to Part D (commencing with Section
20651) of Subchapter IV of Chapter 7 of Title 42 of the United States
21Code and this division, shall be confidential, and shall not be open
22to examination or released for disclosure for any purpose not
23directly connected with the administration of the child and spousal
24support enforcement program. No public entity shall disclose any
25file, application, paper, document, or record, or the information
26contained therein, except as expressly authorized by this section.

27(2) In no case shall information be released or the whereabouts
28of one party or the child disclosed to another party, or to the
29attorney of any other party, if a protective order has been issued
30by a court or administrative agency with respect to the party, a
31good cause claim under Section 11477.04 of the Welfare and
32Institutions Code has been approved or is pending, or the public
33agency responsible for establishing paternity or enforcing support
34has reason to believe that the release of the information may result
35in physical or emotional harm to the party or the child. When a
36local child support agency is prohibited from releasing information
37pursuant to this subdivision, the information shall be omitted from
38any pleading or document to be submitted to the court and this
39subdivision shall be cited in the pleading or other document as the
40authority for the omission. The information shall be released only
P16   1upon an order of the court pursuant to paragraph (6) of subdivision
2(c).

3(3) Notwithstanding any otherbegin delete provision ofend delete law, a proof of
4service filed by the local child support agency shall not disclose
5the address where service of process was accomplished. Instead,
6the local child support agency shall keep the address in its own
7records. The proof of service shall specify that the address is on
8record at the local child support agency and that the address may
9be released only upon an order from the court pursuant to paragraph
10(6) of subdivision (c). The local child support agency shall, upon
11request by a party served, release to that person the address where
12service was effected.

13(c) Disclosure of the information described in subdivision (b)
14is authorized as follows:

15(1) All files, applications, papers, documents, and records as
16described in subdivision (b) shall be available and may be used
17by a public entity for all administrative, civil, or criminal
18investigations, actions, proceedings, or prosecutions conducted in
19connection with the administration of the child and spousal support
20enforcement program approved under Part D (commencing with
21Section 651) of Subchapter IV of Chapter 7 of Title 42 of the
22United States Code and to the county welfare department
23responsible for administering a program operated under a state
24plan pursuant to Part A, Subpart 1 or 2 of Part B, or Part E of
25Subchapter IV of Chapter 7 of Title 42 of the United States Code.

26(2) A document requested by a person who wrote, prepared, or
27furnished the document may be examined by or disclosed to that
28person or his or her designee.

29(3) The payment history of an obligor pursuant to a support
30order may be examined by or released to the court, the obligor, or
31the person on whose behalf enforcement actions are being taken
32or that person’s designee.

33(4) begin deleteIncome end deletebegin insertAn income end insertand expensebegin delete informationend deletebegin insert declarationend insert of
34either parent may be released to the other parent for the purpose
35of establishing or modifying a support order.

36(5) Public records subject to disclosure under the California
37Public Records Act (Chapter 3.5 (commencing with Section 6250)
38of Division 7 of Title 1 of the Government Code) may be released.

39(6) After a noticed motion and a finding by the court, in a case
40in which establishment or enforcement actions are being taken,
P17   1that release or disclosure to the obligor or obligee is required by
2due process of law, the court may order a public entity that
3possesses an application, paper, document, or record as described
4in subdivision (b) to make that item available to the obligor or
5obligee for examination or copying, or to disclose to the obligor
6or obligee the contents of that item. Article 9 (commencing with
7Section 1040) of Chapter 4 of Division 8 of the Evidence Code
8shall not be applicable to proceedings under this part. At any
9hearing of a motion filed pursuant to this section, the court shall
10inquire of the local child support agency and the parties appearing
11at the hearing if there is reason to believe that release of the
12requested information may result in physical or emotional harm
13to a party. If the court determines that harm may occur, the court
14shall issue any protective orders or injunctive orders restricting
15the use and disclosure of the information as are necessary to protect
16the individuals.

17(7) To the extent not prohibited by federal law or regulation,
18information indicating the existence or imminent threat of a crime
19against a child, or location of a concealed, detained, or abducted
20child or the location of the concealing, detaining, or abducting
21person, may be disclosed to any district attorney, any appropriate
22law enforcement agency, or to any state or county child protective
23agency, or may be used in any judicial proceedings to prosecute
24that crime or to protect the child.

25(8) The social security number, most recent address, and the
26place of employment of the absent parent may be released to an
27authorized person as defined in Section 653(c) of Title 42 of the
28United States Code, only if the authorized person has filed a request
29for the information, and only if the information has been provided
30to the California Parent Locator Service by the federal Parent
31Locator Service pursuant to Section 653 of Title 42 of the United
32States Code.

33(9) A parent’s or relative’s name, social security number, most
34recent address, telephone number, place of employment, or other
35contact information may be released to a county child welfare
36agency or county probation department pursuant to subdivision
37(c) of Section 17506.

38(d) (1) “Administration and implementation of the child and
39spousal support enforcement program,” as used in this division,
40means the carrying out of the state and local plans for establishing,
P18   1modifying, and enforcing child support obligations, enforcing
2spousal support orders, and determining paternity pursuant to Part
3D (commencing with Section 651) of Subchapter IV of Chapter 7
4of Title 42 of the United States Code and this article.

5(2) For purposes of this division, “obligor” means any person
6owing a duty of support.

7(3) As used in this division, “putative parent” shall refer to any
8person reasonably believed to be the parent of a child for whom
9the local child support agency is attempting to establish paternity
10or establish, modify, or enforce support pursuant to Section 17400.

11(e) Any person who willfully, knowingly, and intentionally
12violates this section is guilty of a misdemeanor.

13(f) Nothing in this section shall be construed to compel the
14disclosure of information relating to a deserting parent who is a
15recipient of aid under a public assistance program for which federal
16aid is paid to this state, if that information is required to be kept
17confidential by the federal law or regulations relating to the
18program.

19begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 17306 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
20read:end insert

21

17306.  

(a) The Legislature finds and declares all of the
22following:

23(1) While the State Department of Social Services has had
24statutory authority over the child support system, the locally elected
25district attorneys have operated their county programs with a great
26deal of autonomy.

27(2) District attorneys have operated the child support programs
28with different forms, procedures and priorities, making it difficult
29to adequately evaluate and modify performance statewide.

30(3) Problems collecting child support reflect a fundamental lack
31of leadership and accountability in the collection program. These
32 management problems have cost California taxpayers and families
33billions of dollars.

34(b) The director shall develop uniform forms, policies and
35procedures to be employed statewide by all local child support
36agencies. Pursuant to this subdivision, the director shall:

37(1) Adopt uniform procedures and forms.

38(2) Establish standard caseworker to case staffing ratios, adjusted
39as appropriate to meet the varying needs of local programs.

P19   1(3) Establish standard attorney to caseworker ratios, adjusted
2as appropriate to meet the varying needs of local programs.

3(4) Institute a consistent statewide policy on the appropriateness
4of closing cases to ensure that, without relying solely on federal
5 minimum requirements, all cases are fully and pragmatically
6pursued for collections prior to closing.

7(5) Evaluate the best practices for the establishment,
8enforcement, and collection of child support, for the purpose of
9determining which practices should be implemented statewide in
10an effort to improve performance by local child support agencies.
11In evaluating the best practices, the director shall review existing
12practices in better performing counties within California, as well
13as practices implemented by other state Title IV-D programs
14nationwide.

15(6) Evaluate the best practices for the management of effective
16child support enforcement operations for the purpose of
17determining what management structure should be implemented
18statewide in an effort to improve the establishment, enforcement,
19and collection of child support by local child support agencies,
20including an examination of the need for attorneys in management
21level positions. In evaluating the best practices, the director shall
22review existing practices in better performing counties within
23California, as well as practices implemented by other state Title
24IV-D programs nationwide.

25(7) Set priorities for the use of specific enforcement mechanisms
26for use bybegin delete both theend delete local child support begin delete agency and the Franchise
27Tax Board.end delete
begin insert agencies.end insert As part of establishing these priorities, the
28director shall set forth caseload processing priorities to target
29enforcement efforts and services in a way that will maximize
30collections and avoid welfare dependency.

31(8) Develop uniform training protocols, require periodic training
32of all child support staff, and conduct training sessions as
33appropriate.

34(9) Review and approve annual budgets submitted by the local
35child support agencies to ensure each local child support agency
36operates an effective and efficient program that complies with all
37federal and state laws, regulations, and directives, including the
38directive to hire sufficient staff.

P20   1(c) The director shall submit any forms intended for use in court
2proceedings to the Judicial Council for approval at least six months
3prior to the implementation of the use of the forms.

4(d) In adopting the forms, policies, and procedures, the director
5shall consult withbegin delete the California Family Support Council,end delete
6begin insert appropriate organizations representing stakeholders in California,
7such asend insert
the California State Association of Counties, labor
8organizations, custodial and noncustodial parent advocates, child
9support commissioners, family law facilitators, and the appropriate
10committees of the Legislature.

11(e) (1) begin insert(A)end insertbegin insertend insert Notwithstanding thebegin delete provisions of theend delete
12 Administrative Procedure Act, Chapter 3.5 (commencing with
13Section 11340) of Part 1 of Division 3 of Title 2 of the Government
14Code, through December 31, 2007, the department may implement
15the applicable provisions of this division through child support
16services letters or similar instructions from the director.

begin delete

17The

end delete

18begin insert(B)end insertbegin insertend insertbegin insertThe end insertdepartment shall adopt regulations implementing the
19forms, policies, and procedures established pursuant to this section.
20The director may delay implementation of any of these regulations
21in any county for any time as the director deems necessary for the
22smooth transition and efficient operation of a local child support
23agency, but implementation shall not be delayed beyond the time
24at which the transition to the new county department of child
25support services is completed. The department may adopt
26regulations to implement this division in accordance with the
27Administrative Procedure Act. The adoption of any emergency
28regulation filed with the Office of Administrative Law on or before
29December 31, 2007, shall be deemed to be an emergency and
30necessary for the immediate preservation of the public peace,
31health, and safety or general welfare. These emergency regulations
32shall remain in effect for no more than 180 days.

33(2) It is the intent of the Legislature that the amendments to
34paragraph (1) of this subdivision made by Assembly Bill 3032 of
35the 2001-02 Regular Session shall be retroactive to June 30, 2002.

36begin insert

begin insertSEC. 13.end insert  

end insert

begin insertArticle 4 (commencing with Section 17390) is added
37to Chapter 1 of Division 17 of the end insert
begin insertFamily Codeend insertbegin insert, to read:end insert

begin insert

P21   1 

2Article begin insert4.end insert  Statewide Registry for Child Support
3

 

4

begin insert17390.end insert  

(a) The Legislature finds and declares that there is no
5single statewide database containing statistical data regarding
6child support orders.

7
(b) The California Child Support Enforcement System or its
8replacement may be utilized to provide a single statewide registry
9of all child support orders in California, including orders for cases
10under Title IV-D of the Social Security Act and all cases with child
11support orders.

12

begin insert17391.end insert  

(a) The department shall develop an implementation
13plan for the Statewide Child Support Registry. The Statewide Child
14Support Registry shall be operated by the agency responsible for
15operation of the California Child Support Enforcement System or
16its replacement. The Statewide Child Support Registry shall include
17storage and data retrieval of the data elements specified in Section
1817392 for all California child support orders. The Statewide Child
19Support Registry will operate to ensure that all data in the
20Statewide Child Support Registry can be accessed and integrated
21for statistical analysis and reporting purposes with all child
22support order data contained in the California Child Support
23Enforcement System.

24
(b) Each clerk of the court shall provide the information
25specified in Section 17392 within 20 days to the department or the
26Statewide Child Support Registry from each new or modified child
27support order, including child support arrearage orders.

28
(c) The department shall maintain a system for compiling the
29child support data received from the clerks of the court, ensure
30that all child support data received from the clerks of the court
31are entered into the Statewide Child Support Registry within five
32business days of receipt in the Statewide Child Support Registry,
33and ensure that the Statewide Child Support Registry is fully
34implemented statewide.

35
(d) The department shall provide aggregate data on a periodic
36basis on the data maintained by the Statewide Child Support
37Registry to the Judicial Council, the appropriate agencies of the
38executive branch, and the Legislature for statistical analysis and
39review. The data shall not include individual identifying
40information for specific cases.

P22   1
(e) Any information maintained by the Statewide Child Support
2Registry received from clerks of the court shall be provided to
3local child support agencies, the courts, and others as provided
4by law.

5

begin insert17392.end insert  

(a) The Judicial Council shall develop any forms that
6may be necessary to implement the Statewide Child Support
7Registry. The forms may be in electronic form or in hard copy, as
8appropriate. The forms shall be developed so as not to delay
9implementation, and shall be available no later than 30 days prior
10to the implementation, of the Statewide Child Support Registry.

11
(b) The information transmitted from the clerks of the court to
12the Statewide Child Support Registry shall include all of the
13following:

14
(1) Any information required under federal law.

15
(2) Any other information the department and the Judicial
16Council find appropriate.

17

begin insert17393.end insert  

The Judicial Council shall develop the forms necessary
18to implement this article.

end insert
19begin insert

begin insertSEC. 14.end insert  

end insert

begin insertSection 17400 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
20read:end insert

21

17400.  

(a) Each county shall maintain a local child support
22agency, as specified in Section 17304, that shall have the
23responsibility for promptly and effectively establishing, modifying,
24and enforcing child support obligations, including medical support,
25enforcing spousal support orders established by a court of
26competent jurisdiction, and determining paternity in the case of a
27child born out of wedlock. The local child support agency shall
28take appropriate action, including criminal action in cooperation
29with the district attorneys, to establish, modify, and enforce child
30support and, if appropriate, enforce spousal support orders if the
31child is receiving public assistance, including Medi-Cal, and, if
32requested, shall take the same actions on behalf of a child who is
33not receiving public assistance, including Medi-Cal.

34(b) (1) Notwithstanding Sections 25203 and 26529 of the
35Government Code, attorneys employed within the local child
36support agency may direct, control, and prosecute civil actions
37and proceedings in the name of the county in support of child
38support activities of the Department of Child Support Services and
39the local child support agency.

P23   1(2) Notwithstanding any other law, and except for pleadings or
2documents required to be signed under penalty of perjury, a local
3child support agency may substitute original signatures with any
4form of electronic signatures, including, but not limited to, typed,
5digital, or facsimile images of signatures, digital signatures, or
6other computer-generated signatures, on pleadings filed for the
7purpose of establishing, modifying, or enforcing paternity, child
8support, or medical support. Any substituted signature used by a
9local child support agency shall have the same effect as an original
10signature, including, but not limited to, the requirements of Section
11128.7 of the Code of Civil Procedure.

12(3) Notwithstanding any other law, effective July 1, 2016, a
13local child support agency may electronically file pleadings signed
14by an agent of the local child support agency under penalty of
15perjury. An original signed pleading shall be executed prior to, or
16on the same day as, the day of electronic filing. Original signed
17pleadings shall be maintained by the local child support agency
18for the period of timebegin delete proscribedend deletebegin insert prescribedend insert by subdivision (a) of
19Section 68152 of the Government Code. A local child support
20agency may maintain the original signed pleading by way of an
21electronic copy in the Statewide Automated Child Support System.
22The Judicial Council, by July 1, 2016, shall develop rules to
23implement this subdivision.

24(c) Actions brought by the local child support agency to establish
25paternity or child support or to enforce child support obligations
26shall be completed within the time limits set forth by federal law.
27The local child support agency’s responsibility applies to spousal
28support only if the spousal support obligation has been reduced to
29an order of a court of competent jurisdiction. In any action brought
30for modification or revocation of an order that is being enforced
31under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651
32et seq.), the effective date of the modification or revocation shall
33be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or any
34subsequent date.

35(d) (1) The Judicial Council, in consultation with thebegin delete department
36and representatives of the California Family Support Council,end delete

37begin insert department,end insert the Senate Committee on Judiciary, the Assembly
38Committee on Judiciary, and a legal services organization
39providing representation on child support matters, shall develop
40simplified summons, complaint, and answer forms for any action
P24   1for support brought pursuant to this section or Section 17404. The
2Judicial Council may combine the summons and complaint in a
3single form.

4(2) The simplified complaint form shall provide notice of the
5amount of child support that is sought pursuant to the guidelines
6set forth in Article 2 (commencing with Section 4050) of Chapter
72 of Part 2 of Division 9 based upon the income or income history
8of the support obligor as known to the local child support agency.
9If the support obligor’s income or income history is unknown to
10the local child support agency, the complaint shall inform the
11support obligor that income shall be presumed to be the amount
12of the minimum wage, at 40 hours per week, established by the
13Industrial Welfare Commission pursuant to Section 1182.11 of
14the Labor Code unless information concerning the support obligor’s
15income is provided to the court. The complaint form shall be
16accompanied by a proposed judgment. The complaint form shall
17include a notice to the support obligor that the proposed judgment
18will become effective if he or she fails to file an answer with the
19court within 30 days of service. Except as provided in paragraph
20(2) of subdivision (a) of Section 17402, if the proposed judgment
21is entered by the court, the support order in the proposed judgment
22shall be effective as of the first day of the month following the
23filing of the complaint.

24(3) (A) The simplified answer form shall be written in simple
25English and shall permit a defendant to answer and raise defenses
26by checking applicable boxes. The answer form shall include
27instructions for completion of the form and instructions for proper
28filing of the answer.

29(B) The answer form shall be accompanied by a blank income
30and expense declaration or simplified financial statement and
31instructions on how to complete the financial forms. The answer
32form shall direct the defendant to file the completed income and
33expense declaration or simplified financial statement with the
34answer, but shall state that the answer will be accepted by a court
35without the income and expense declaration or simplified financial
36statement.

37(C) The clerk of the court shall accept and file answers, income
38and expense declarations, and simplified financial statements that
39are completed by hand provided they are legible.

P25   1(4) (A) The simplified complaint form prepared pursuant to
2this subdivision shall be used by the local child support agency or
3the Attorney General in all cases brought under this section or
4Section 17404.

5(B) The simplified answer form prepared pursuant to this
6subdivision shall be served on all defendants with the simplified
7complaint. Failure to serve the simplified answer form on all
8defendants shall not invalidate any judgment obtained. However,
9failure to serve the answer form may be used as evidence in any
10proceeding under Section 17432 of this code or Section 473 of the
11Code of Civil Procedure.

12(C) The Judicial Council shall add language to the governmental
13summons, for use by the local child support agency with the
14governmental complaint to establish parental relationship and child
15support, informing defendants that a blank answer form should
16have been received with the summons and additional copies may
17be obtained from either the local child support agency or the
18superior court clerk.

19(e) In any action brought or enforcement proceedings instituted
20by the local child support agency pursuant to this section for
21payment of child or spousal support, an action to recover an
22arrearage in support payments may be maintained by the local
23child support agency at any time within the period otherwise
24specified for the enforcement of a support judgment,
25notwithstanding the fact that the child has attained the age of
26majority.

27(f) The county shall undertake an outreach program to inform
28the public that the services described in subdivisions (a) to (c),
29inclusive, are available to persons not receiving public assistance.
30There shall be prominently displayed in every public area of every
31office of the agencies established by this section a notice, in clear
32and simple language prescribed by the Director of Child Support
33Services, that the services provided in subdivisions (a) to (c),
34inclusive, are provided to all individuals, whether or not they are
35recipients of public assistance.

36(g) (1) In any action to establish a child support order brought
37by the local child support agency in the performance of duties
38under this section, the local child support agency may make a
39motion for an order effective during the pendency of that action,
40for the support, maintenance, and education of the child or children
P26   1that are the subject of the action. This order shall be referred to as
2an order for temporary support. This order has the same force and
3effect as a like or similar order under this code.

4(2) The local child support agency shall file a motion for an
5order for temporary support within the following time limits:

6(A) If the defendant is the mother, a presumed father under
7Section 7611, or any father if the child is at least six months old
8when the defendant files his or her answer, the time limit is 90
9days after the defendant files an answer.

10(B) In any other case in which the defendant has filed an answer
11prior to the birth of the child or not more than six months after the
12birth of the child, then the time limit is nine months after the birth
13of the child.

14(3) If more than one child is the subject of the action, the
15limitation on reimbursement shall apply only as to those children
16whose parental relationship and age would bar recovery were a
17separate action brought for support of that child or those children.

18(4) If the local child support agency fails to file a motion for an
19order for temporary support within the time limits specified in this
20 section, the local child support agency shall be barred from
21obtaining a judgment of reimbursement for any support provided
22for that child during the period between the date the time limit
23expired and the date the motion was filed, or, if no motion is filed,
24when a final judgment is entered.

25(5) Except as provided in Section 17304, nothing in this section
26prohibits the local child support agency from entering into
27cooperative arrangements with other county departments as
28necessary to carry out the responsibilities imposed by this section
29pursuant to plans of cooperation with the departments approved
30by the Department of Child Support Services.

31(6) Nothing in this section otherwise limits the ability of the
32local child support agency from securing and enforcing orders for
33support of a spouse or former spouse as authorized under any other
34law.

35(h) As used in this article, “enforcing obligations” includes, but
36is not limited to, all of the following:

37(1) The use of all interception and notification systems operated
38by the department for the purpose of aiding in the enforcement of
39support obligations.

P27   1(2) The obtaining by the local child support agency of an initial
2order for child support that may include medical support or that
3is for medical support only, by civil or criminal process.

4(3) The initiation of a motion or order to show cause to increase
5an existing child support order, and the response to a motion or
6order to show cause brought by an obligor parent to decrease an
7existing child support order, or the initiation of a motion or order
8to show cause to obtain an order for medical support, and the
9response to a motion or order to show cause brought by an obligor
10parent to decrease or terminate an existing medical support order,
11without regard to whether the child is receiving public assistance.

12(4) The response to a notice of motion or order to show cause
13brought by an obligor parent to decrease an existing spousal support
14order if the child or children are residing with the obligee parent
15and the local child support agency is also enforcing a related child
16support obligation owed to the obligee parent by the same obligor.

17(5) The referral of child support delinquencies to thebegin delete Franchise
18Tax Boardend delete
begin insert departmentend insert under subdivision (c) of Section 17500 in
19support of the local child support agency.

20(i) As used in this section, “out of wedlock” means that the
21biological parents of the child were not married to each other at
22the time of the child’s conception.

23(j) (1) The local child support agency is the public agency
24responsible for administering wage withholding for current support
25for the purposes of Title IV-D of the Social Security Act (42 U.S.C.
26Sec. 651 et seq.).

27(2) Nothing in this section limits the authority of the local child
28support agency granted by other sections of this code or otherwise
29granted by law.

30(k) In the exercise of the authority granted under this article,
31the local child support agency may intervene, pursuant to
32subdivision (b) of Section 387 of the Code of Civil Procedure, by
33ex parte application, in any action under this code, or other
34proceeding in which child support is an issue or a reduction in
35spousal support is sought. By notice of motion, order to show
36cause, or responsive pleading served upon all parties to the action,
37the local child support agency may request any relief that is
38appropriate that the local child support agency is authorized to
39seek.

P28   1(l) The local child support agency shall comply with all
2regulations and directives established by the department that set
3time standards for responding to requests for assistance in locating
4noncustodial parents, establishing paternity, establishing child
5support awards, and collecting child support payments.

6(m) As used in this article, medical support activities that the
7 local child support agency is authorized to perform are limited to
8the following:

9(1) The obtaining and enforcing of court orders for health
10insurance coverage.

11(2) Any other medical support activity mandated by federal law
12or regulation.

13(n) (1) Notwithstanding any other law, venue for an action or
14proceeding under this division shall be determined as follows:

15(A) Venue shall be in the superior court in the county that is
16currently expending public assistance.

17(B) If public assistance is not currently being expended, venue
18shall be in the superior court in the county where the child who is
19entitled to current support resides or is domiciled.

20(C) If current support is no longer payable through, or
21enforceable by, the local child support agency, venue shall be in
22the superior court in the county that last provided public assistance
23for actions to enforce arrearages assigned pursuant to Section
2411477 of the Welfare and Institutions Code.

25(D) If subparagraphs (A), (B), and (C) do not apply, venue shall
26be in the superior court in the county of residence of the support
27obligee.

28(E) If the support obligee does not reside in California, and
29subparagraphs (A), (B), (C), and (D) do not apply, venue shall be
30in the superior court of the county of residence of the obligor.

31(2) Notwithstanding paragraph (1), if the child becomes a
32resident of another county after an action under this part has been
33filed, venue may remain in the county where the action was filed
34until the action is completed.

35(o) The local child support agency of one county may appear
36on behalf of the local child support agency of any other county in
37an action or proceeding under this part.

38begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 17434 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
39read:end insert

P29   1

17434.  

(a) The department shall publish a booklet describing
2the proper procedures and processes for the collection and payment
3of child and spousal support. The booklet shall be written in
4language understandable to the lay person and shall direct the
5reader to obtain the assistance of the local child support agency,
6the family law facilitator, or legal counsel where appropriate. The
7department may contract on a competitive basis with an
8organization or individual to write the booklet.

9(b) The department shall have primary responsibility for the
10design and development of the contents of the booklet. The
11department shall solicit comment regarding the content of the
12booklet from the Director of the Administrative Office of the
13 Courts. The department shall verify the appropriateness and
14accuracy of the contents of the booklet with at least one
15representative of each of the following organizations:

16(1) A local child support agency.

17(2) The State Attorney General’s office.

begin delete

18(3) The California Family Support Council.

end delete
begin delete

19(4)

end delete

20begin insert(end insertbegin insert3)end insert A community organization that advocates for the rights of
21custodial parents.

begin delete

22(5)

end delete

23begin insert(end insertbegin insert4)end insert A community organization that advocates for the rights of
24supporting parents.

25(c) Upon receipt of booklets on support collection, each county
26welfare department shall provide a copy to each head of household
27whose application for public assistance under Division 9
28(commencing with Section 10000) of the Welfare and Institutions
29Code has been approved and for whom support rights have been
30assigned pursuant to Section 11477 of the Welfare and Institutions
31Code. The department shall provide copies of the booklet to local
32child support agencies for distribution, and to any person upon
33request. The department shall also distribute the booklets to all
34superior courts. Upon receipt of those booklets, each clerk of the
35court shall provide two copies of the booklet to the petitioner or
36plaintiff in any action involving the support of a minor child. The
37moving party shall serve a copy of the booklet on the responding
38party.

39(d) The department shall expand the information provided under
40its toll-free information hotline in response to inquiries regarding
P30   1the process and procedures for collection and payment of child
2and spousal support. This toll-free number shall be advertised as
3providing information on child and spousal support. The hotline
4personnel shall not provide legal consultation or advice, but shall
5provide only referral services.

6(e) The department shall maintain a file of referral sources to
7provide callers to the telephone hotline with the following
8information specific to the county in which the caller resides:

9(1) The location and telephone number of the local child support
10agency, the county welfare office, the family law facilitator, and
11any other government agency that handles child and spousal
12support matters.

13(2) The telephone number of the local bar association for referral
14to attorneys in family law practice.

15(3) The name and telephone number of at least one organization
16that advocates the payment of child and spousal support or the
17name and telephone number of at least one organization that
18advocates the rights of supporting parents, if these organizations
19exist in the county.

20begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 17450 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
21read:end insert

22

17450.  

(a) For purposes of this article:

23(1) “Child support delinquency” means a delinquency defined
24in subdivision (c) of Section 17500.

25(2) “Earnings” shall include the items described in Section 5206.

26(b) (1) When a delinquency is submitted to the department
27pursuant to subdivision (c) of Section 17500, the amount of the
28child support delinquency shall be collected by the department in
29any manner authorized under state or federal law.

30(2) Any compensation, fee, commission, expense, or any other
31fee for service incurred by the department in the collection of a
32child support delinquency authorized under this article shall not
33be an obligation of, or collected from, the obligated parent.

34(c) (1) The department may return or allow a local child support
35agency to retain a child support delinquency for a specified purpose
36for collection where the department determines that the return or
37retention of the delinquency for the purpose so specified will
38enhance the collectibility of the delinquency. The department shall
39establish a process whereby a local child support agency may
P31   1request and shall be allowed to withdraw, rescind, or otherwise
2recall the submittal of an account that has been submitted.

3(2) If an obligor is disabled, meets the federal Supplemental
4Security Income resource test, and is receiving Supplemental
5Security Income/State Supplementary Payments (SSI/SSP), or,
6but for excess income as described in Section 416.1100 and
7following of Part 416 of Title 20 of the Code of Federal
8Regulations, would be eligible to receive as SSI/SSP, pursuant to
9Section 12200 of the Welfare and Institutions Code, and the obligor
10has supplied the local child support agency with proof of his or
11her eligibility for, and, if applicable, receipt of, SSI/SSP or Social
12Security Disability Insurance benefits, then the child support
13delinquency shall not be referred to the department for collection,
14and, if referred, shall be withdrawn, rescinded, or otherwise recalled
15from the department by the local child support agency. The
16department shall not take any collection action, or if the local child
17support agency has already taken collection action, shall cease
18collection actions in the case of a disabled obligor when the
19delinquency is withdrawn, rescinded, or otherwise recalled by the
20local child support agency in accordance with the process
21established as described in paragraph (1).

22(d) It is the intent of the Legislature that when the California
23Child Supportbegin delete Automationend deletebegin insert Enforcementend insert Systembegin delete (CCSAS)end deletebegin insert (CSE)end insert
24 is fully operational, any statutes that should be modified based
25upon the status of the system shall be revised. During the
26development and implementation ofbegin delete CCSAS,end deletebegin insert CSE,end insert the department,
27as the Title IV-D agency, may, through appropriate interagency
28agreement, delegate any and all of the functions or procedures
29specified in this article to the Franchise Tax Board. The Franchise
30Tax Board shall perform those functions or procedures as specified
31in Sections 19271 to 19275, inclusive, of the Revenue and Taxation
32Code until such time as the director, by letter to the executive
33officer of the Franchise Tax Board, revokes such delegation of
34Title IV-D functions. Sections 19271 to 19275, inclusive, of the
35Revenue and Taxation Code shall be effective for these purposes
36until the revocation of delegation to the Franchise Tax Board.

37(e) Consistent with the development and implementation of the
38California Child Supportbegin delete Automation System (CCSAS),end delete
39begin insert Enforcement System,end insert the Franchise Tax Board and the department
40shall enter into a letter of agreement and an interagency agreement
P32   1whereby the department shall assume responsibility for collection
2of child support delinquencies and the Financial Institution Data
3Match System as set forth in this article. The letter of agreement
4and interagency agreement shall, at a minimum, set forth all of the
5following:

6(1) Contingent upon the enactment of the Budget Act, and
7staffing authorization from the Department of Finance and the
8Department of Human Resources, the department shall assume
9responsibility for leadership and staffing of the collection of child
10support delinquencies and the Financial Institution Data Match
11System.

12(2) All employees and other personnel who staff or provide
13support for the collection of child support delinquencies and the
14Financial Institution Data Match System at the Franchise Tax
15Board shall become the employees of the department at their
16existing or equivalent classification, salaries, and benefits.

17(3) Any other provisions necessary to ensure continuity of
18function and meet or exceed existing levels of service, including,
19but not limited to, agreements for continued use of automated
20systems used by the Franchise Tax Board to locate child support
21obligors and their assets.

22begin insert

begin insertSEC. 17.end insert  

end insert

begin insertSection 17458 of the end insertbegin insertFamily Codeend insertbegin insert is repealed.end insert

begin delete
23

17458.  

Any child support delinquency collected by the
24department, including those amounts that result in overpayment
25of a child support delinquency, shall be deposited in the State
26Treasury, after clearance of the remittance, to the credit of the
27Special Deposit Fund and distributed as specified by interagency
28agreement executed by the Franchise Tax Board and the
29department, with the concurrence of the Controller.
30Notwithstanding Section 13340 of the Government Code, all
31moneys deposited in the Special Deposit Fund pursuant to this
32article are hereby continuously appropriated, without regard to
33fiscal years, for purposes of making distributions. Upon availability
34of the State Disbursement Unit, any child support delinquency
35collected shall be deposited in a manner such that the deposit and
36subsequent disbursement is consistent with federal law.

end delete
37begin insert

begin insertSEC. 18.end insert  

end insert

begin insertSection 17460 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
38read:end insert

39

17460.  

(a) As necessary, the department shall seek reciprocal
40agreements with other states to improve its ability to collect child
P33   1support payments from out-of-state obligated parents on behalf of
2custodial parents residing in California. The department may pursue
3agreements with the Internal Revenue Service, as permitted by
4federal law, to improve collections of child support delinquencies
5from out-of-state obligated parents through cooperative agreements
6with the service.

7(b) The California Child Supportbegin delete Automation System,
8established pursuant to Chapter 4 (commencing with Section
910080) of Part 1 of Division 9 of the Welfare and Institutions Code,end delete

10begin insert Enforcement Systemend insert shall, for purposes of this article, include the
11capacity to interface and exchange information, if feasible, with
12the Internal Revenue Service, to enable the immediate reporting
13and tracking of obligated parent information.

14(c) The department shall enter into any interagency agreements
15that are necessary for the implementation of this article. State
16departments and boards shall cooperate with the department to the
17extent necessary for the implementation of this article. Out of any
18money received from the federal government for the purpose of
19reimbursing state departments and boards for their actual and
20reasonable costs incurred in complying with this section, the
21department shall reimburse those departments and boards. To the
22extent that money is not provided by the federal government for
23that purpose, and subject to the annual Budget Act, the state shall
24fund departments and boards for their costs in complying with this
25section.

26begin insert

begin insertSEC. 19.end insert  

end insert

begin insertSection 17504.1 is added to the end insertbegin insertFamily Codeend insertbegin insert, to read:end insert

begin insert
27

begin insert17504.1.end insert  

On a monthly basis, the local child support agency
28shall provide to any CalWORKs recipient or former recipient for
29whom an assignment pursuant to subdivision (a) of Section 11477
30of the Welfare and Institutions Code is currently effective, a notice
31of the amount of assigned support payments made on behalf of the
32recipient or former recipient or any other family member for whom
33public assistance is received.

end insert
34begin insert

begin insertSEC. 20.end insert  

end insert

begin insertSection 17506 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
35read:end insert

36

17506.  

(a) There is in the department a California Parent
37Locator Service and Central Registry that shall collect and
38disseminate all of the following, with respect to any parent, putative
39parent, spouse, or former spouse:

P34   1(1) The full and true name of the parent together with any known
2aliases.

3(2) Date and place of birth.

4(3) Physical description.

5(4) Social security number.

6(5) Employment history and earnings.

7(6) Military status and Veterans Administration or military
8service serial number.

9(7) Last known address, telephone number, and date thereof.

10(8) Driver’s license number, driving record, and vehicle
11registration information.

12(9) Criminal, licensing, and applicant records and information.

13(10) (A) Any additional location, asset, and income information,
14including income tax return information obtained pursuant to
15Section 19548 of the Revenue and Taxation Code, and to the extent
16permitted by federal law, the address, telephone number, and social
17security number obtained from a public utility, cable television
18corporation, a provider of electronic digital pager communication,
19or a provider of mobile telephony services that may be of assistance
20in locating the parent, putative parent, abducting, concealing, or
21detaining parent, spouse, or former spouse, in establishing a parent
22and child relationship, in enforcing the child support liability of
23the absent parent, or enforcing the spousal support liability of the
24spouse or former spouse to the extent required by the state plan
25pursuant to Section 17604.

26(B) For purposes of this subdivision, “income tax return
27information” means all of the following regarding the taxpayer:

28(i) Assets.

29(ii) Credits.

30(iii) Deductions.

31(iv) Exemptions.

32(v) Identity.

33(vi) Liabilities.

34(vii) Nature, source, and amount of income.

35(viii) Net worth.

36(ix) Payments.

37(x) Receipts.

38(xi) Address.

39(xii) Social security number.

P35   1(b) Pursuant to a letter of agreement entered into between the
2Department of Child Support Services and the Department of
3Justice, the Department of Child Support Services shall assume
4responsibility for the California Parent Locator Service and Central
5Registry. The letter of agreement shall, at a minimum, set forth all
6of the following:

7(1) Contingent upon funding in the Budget Act, the Department
8of Child Support Services shall assume responsibility for leadership
9and staff of the California Parent Locator Service and Central
10Registry commencing July 1, 2003.

11(2) All employees and other personnel who staff or provide
12support for the California Parent Locator Service and Central
13Registry shall, at the time of the transition, at their option, become
14the employees of the Department of Child Support Services at
15their existing or equivalent classification, salaries, and benefits.

16(3) Until the department’s automation system for the California
17Parent Locator Service and Central Registry functions is fully
18operational, the department shall use the automation system
19operated by the Department of Justice.

20(4) Any other provisions necessary to ensure continuity of
21function and meet or exceed existing levels of service.

22(c) To effectuate the purposes of this section, the California
23Child Supportbegin delete Automation System,end deletebegin insert Enforcement System andend insert the
24California Parent Locator Service and Centralbegin delete Registry, and the
25Franchise Tax Boardend delete
begin insert Registryend insert shall utilize the federal Parent
26Locator Service to the extent necessary, and may request and shall
27receive from all departments, boards, bureaus, or other agencies
28of the state, or any of its political subdivisions, and those entities
29shall provide, that assistance and data that will enable the
30Department of Child Support Services and other public agencies
31to carry out their powers and duties to locate parents, spouses, and
32former spouses, and to identify their assets, to establish parent-child
33relationships, and to enforce liability for child or spousal support,
34and for any other obligations incurred on behalf of children, and
35shall also provide that information to any local child support agency
36in fulfilling the duties prescribed in Section 270 of the Penal Code,
37and in Chapter 8 (commencing with Section 3130) of Part 2 of
38Division 8 of this code, relating to abducted, concealed, or detained
39children and to any county child welfare agency or county
40probation department in fulfilling the duties prescribed in Article
P36   15.5 (commencing with Section 290.1) of Chapter 2 of Part 1 of
2Division 2 of the Welfare and Institutions Code, and prescribed
3in Article 6 (commencing with Section 300) of Chapter 2 of Part
41 of Division 2 of the Welfare and Institutions Code to identify,
5locate, and notify parents or relatives of children who are the
6subject of juvenile court proceedings, to establish parent and child
7relationships pursuant to Section 316.2 of the Welfare and
8Institutions Code, and to assess the appropriateness of placement
9of a child with a noncustodial parent pursuant to Section 361.2 of
10the Welfare and Institutions Code. Consistent with paragraph (1)
11of subdivision (e) of Section 309 of, and paragraph (2) of
12subdivision (d) of Section 628 of, the Welfare and Institutions
13Code, in order for county child welfare and probation departments
14to carry out their duties to identify and locate all grandparents,
15adult siblings, and other adult relatives of the child as defined in
16paragraph (2) of subdivision (f) of Section 319 of the Welfare and
17Institutions Code, including any other adult relatives suggested by
18the parents, county personnel are permitted to request and receive
19information from the California Parent Locator Service and Federal
20Parent Locator Service. County child welfare agencies and
21probation departments shall be entitled to the information described
22in this subdivision regardless of whether an all-county letter or
23similar instruction is issued pursuant to subparagraph (C) of
24paragraph (8) of subdivision (c) of Section 11478.1 of the Welfare
25and Institutions Code. The California Child Supportbegin delete Automationend delete
26begin insert Enforcementend insert System shall be entitled to the same cooperation and
27information as the California Parent Locator Service and Central
28Registry to the extent allowed by law. The California Child Support
29begin delete Automationend deletebegin insert Enforcementend insert System shall be allowed access to
30criminal record information only to the extent that access is allowed
31by state and federal law.

32(d) (1) To effectuate the purposes of this section, and
33notwithstanding any other law, regulation, or tariff, and to the
34extent permitted by federal law, the California Parent Locator
35Service and Central Registry and the California Child Support
36begin delete Automationend deletebegin insert Enforcementend insert System may request and shall receive
37from public utilities, as defined in Section 216 of the Public
38Utilities Code, customer service information, including the full
39name, address, telephone number, date of birth, employer name
40and address, and social security number of customers of the public
P37   1utility, to the extent that this information is stored within the
2computer database of the public utility.

3(2) To effectuate the purposes of this section, and
4notwithstanding any other law, regulation, or tariff, and to the
5extent permitted by federal law, the California Parent Locator
6Service and Central Registry and the California Child Support
7begin delete Automationend deletebegin insert Enforcementend insert System may request and shall receive
8from cable television corporations, as defined in Section 216.4 of
9the Public Utilities Code, the providers of electronic digital pager
10communication, as defined in Section 629.51 of the Penal Code,
11and the providers of mobile telephony services, as defined in
12Section 224.4 of the Public Utilities Code, customer service
13information, including the full name, address, telephone number,
14date of birth, employer name and address, and social security
15number of customers of the cable television corporation, customers
16of the providers of electronic digital pager communication, and
17customers of the providers of mobile telephony services.

18(3) In order to protect the privacy of utility, cable television,
19electronic digital pager communication, and mobile telephony
20service customers, a request to a public utility, cable television
21corporation, provider of electronic digital pager communication,
22or provider of mobile telephony services for customer service
23information pursuant to this section shall meet the following
24requirements:

25(A) Be submitted to the public utility, cable television
26corporation, provider of electronic digital pager communication,
27or provider of mobile telephony services in writing, on a transmittal
28document prepared by the California Parent Locator Service and
29Central Registry or the California Child Supportbegin delete Automationend delete
30begin insert Enforcementend insert System and approved by all of the public utilities,
31cable television corporations, providers of electronic digital pager
32communication, and providers of mobile telephony services. The
33transmittal shall be deemed to be an administrative subpoena for
34customer service information.

35(B) Have the signature of a representative authorized by the
36California Parent Locator Service and Central Registry or the
37California Child Supportbegin delete Automationend deletebegin insert Enforcementend insert System.

38(C) Contain at least three of the following data elements
39regarding the person sought:

40(i) First and last name, and middle initial, if known.

P38   1(ii) Social security number.

2(iii) Driver’s license number.

3(iv) Birth date.

4(v) Last known address.

5(vi) Spouse’s name.

6(D) The California Parent Locator Service and Central Registry
7and the California Child Supportbegin delete Automationend deletebegin insert Enforcementend insert System
8shall ensure that each public utility, cable television corporation,
9provider of electronic digital pager communication services, and
10provider of mobile telephony services has at all times a current
11list of the names of persons authorized to request customer service
12information.

13(E) The California Child Supportbegin delete Automationend deletebegin insert Enforcementend insert
14 System and the California Parent Locator Service and Central
15Registry shall ensure that customer service information supplied
16by a public utility, cable television corporation, provider of
17electronic digital pager communication, or provider of mobile
18telephony services is applicable to the person who is being sought
19before releasing the information pursuant to subdivision (d).

20(4) During the development of the California Child Support
21begin delete Automationend deletebegin insert Enforcementend insert System, the department shall determine
22the necessity of additional locate sources, including those specified
23in this section, based upon the cost-effectiveness of those sources.

24(5) The public utility, cable television corporation, electronic
25digital pager communication provider, or mobile telephony service
26provider may charge a fee to the California Parent Locator Service
27and Central Registry or the California Child Supportbegin delete Automationend delete
28begin insert Enforcementend insert System for each search performed pursuant to this
29subdivision to cover the actual costs to the public utility, cable
30television corporation, electronic digital pager communication
31provider, or mobile telephony service provider for providing this
32 information.

33(6) No public utility, cable television corporation, electronic
34digital pager communication provider, or mobile telephony service
35provider or official or employee thereof, shall be subject to criminal
36or civil liability for the release of customer service information as
37authorized by this subdivision.

38(e) Notwithstanding Section 14203 of the Penal Code, any
39records established pursuant to this section shall be disseminated
40only to the Department of Child Support Services, the California
P39   1Child Supportbegin delete Automationend deletebegin insert Enforcementend insert System, the California
2Parent Locator Service and Central Registry, the parent locator
3services and central registries of other states as defined by federal
4 statutes and regulations, a local child support agency of any county
5in this state, and the federal Parent Locator Service. The California
6Child Supportbegin delete Automationend deletebegin insert Enforcementend insert System shall be allowed
7access to criminal offender record information only to the extent
8that access is allowed by law.

9(f) (1) At no time shall any information received by the
10California Parent Locator Service and Central Registry or by the
11California Child Supportbegin delete Automationend deletebegin insert Enforcementend insert System be
12disclosed to any person, agency, or other entity, other than those
13persons, agencies, and entities specified pursuant to Section 17505,
14this section, or any other provision.

15(2) This subdivision shall not otherwise affect discovery between
16parties in any action to establish, modify, or enforce child, family,
17or spousal support, that relates to custody or visitation.

18(g) (1) The Department of Justice, in consultation with the
19Department of Child Support Services, shall promulgate rules and
20regulations to facilitate maximum and efficient use of the California
21Parent Locator Service and Central Registry. Upon implementation
22of the California Child Supportbegin delete Automationend deletebegin insert Enforcementend insert System,
23the Department of Child Support Services shall assume all
24responsibility for promulgating rules and regulations for use of
25the California Parent Locator Service and Central Registry.

26(2) The Department of Child Support Services, the Public
27Utilities Commission, the cable television corporations, providers
28 of electronic digital pager communication, and the providers of
29mobile telephony services shall develop procedures for obtaining
30the information described in subdivision (c) from public utilities,
31cable television corporations, providers of electronic digital pager
32communication, and providers of mobile telephony services and
33for compensating the public utilities, cable television corporations,
34providers of electronic digital pager communication, and providers
35of mobile telephony services for providing that information.

36(h) The California Parent Locator Service and Central Registry
37may charge a fee not to exceed eighteen dollars ($18) for any
38service it provides pursuant to this section that is not performed
39or funded pursuant to Section 651 and following of Title 42 of the
40United States Code.

P40   1(i) This section shall be construed in a manner consistent with
2the other provisions of this article.

3begin insert

begin insertSEC. 21.end insert  

end insert

begin insertSection 17508 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
4read:end insert

5

17508.  

(a) The Employment Development Department shall,
6when requested by the Department of Child Support Services local
7child support agency,begin delete or, the Franchise Tax Board for purposes of
8administering Article 5 (commencing with Section 19271) of
9Chapter 5 of Part 10.2 of Division 2 of the Revenue and Taxation
10Code,end delete
the federal Parent Locator Service, or the California Parent
11Locator Service, provide access to information collected pursuant
12to Division 1 (commencing with Section 100) of the
13Unemployment Insurance Code to the requesting department or
14agency for purposes of administering the child support enforcement
15program, and for purposes of verifying employment of applicants
16and recipients of aid under this chapter or CalFresh under Chapter
1710 (commencing with Section 18900) of Part 6 of Division 9 of
18the Welfare and Institutions Code.

19(b) (1) To the extent possible, the Employment Development
20Department shall share information collected under Sections 1088.5
21and 1088.8 of the Unemployment Insurance Code immediately
22upon receipt. This sharing of information may include electronic
23means.

24(2) This subdivision shall not authorize the Employment
25Development Department to share confidential information with
26any individuals not otherwise permitted by law to receive the
27information or preclude batch runs or comparisons of data.

28begin insert

begin insertSEC. 22.end insert  

end insert

begin insertSection 17522.5 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
29read:end insert

30

17522.5.  

(a) Notwithstanding Section 8112 of the Commercial
31Code and Section 700.130 of the Code of Civil Procedure, when
32a local child support agency pursuant to Section 17522,begin delete or the
33Franchise Tax Board pursuant to Section 18670 or 18670.5 of the
34Revenue and Taxation Code,end delete
or the department pursuant to Section
3517454 or 17500, issues a levy upon, or requires by notice any
36employer, person, political officer or entity, or depository
37institution to withhold the amount of, as applicable, a financial
38asset for the purpose of collecting a delinquent child support
39obligation, the person, financial institution, or securities
40intermediary (as defined in Section 8102 of the Commercial Code)
P41   1in possession or control of the financial asset shall liquidate the
2financial asset in a commercially reasonable manner within 20
3days of the issuance of the levy or the notice to withhold. Within
4five days of liquidation, the person, financial institution, or
5securities intermediary shall transfer to thebegin delete local child support
6agency, the Franchise Tax Board, or the department, as applicable,end delete

7begin insert State Disbursement Unit, established under Section 17309,end insert the
8proceeds of the liquidation, less any reasonable commissions or
9fees, or both, which are charged in the normal course of business.

10(b) If the value of the financial assets exceed the total amount
11of support due, the obligor may, within 10 days after the service
12of the levy or notice to withhold upon the person, financial
13institution, or securities intermediary, instruct the person, financial
14institution, or securities intermediary who possesses or controls
15the financial assets as to which financial assets are to be sold to
16satisfy the obligation for delinquent support. If the obligor does
17not provide instructions for liquidation, the person, financial
18institution, or securities intermediary who possesses or controls
19the financial assets shall liquidate the financial assets in a
20commercially reasonable manner and in an amount sufficient to
21cover the obligation for delinquent child support, and any
22reasonable commissions or fees, or both, which are charged in the
23normal course of business, beginning with the financial assets
24purchased most recently.

25(c) For the purposes of this section, a financial asset shall
26include, but not be limited to, an uncertificated security, certificated
27security, or security entitlement (as defined in Section 8102 of the
28Commercial Code), security (as defined in Section 8103 of the
29Commercial Code), or a securities account (as defined in Section
308501 of the Commercial Code).

31begin insert

begin insertSEC. 23.end insert  

end insert

begin insertSection 17523.5 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
32read:end insert

33

17523.5.  

(a) (1) Notwithstanding any other law, in connection
34with the duty of the department and the local child support agency
35to promptly and effectively collect and enforce child support
36obligations under Title IV-D, the transmission, filing, and recording
37of a lien record by departmental and local child support agency
38staff that arises pursuant to subdivision (a) of Section 4506 of this
39code or Section 697.320 of the Code of Civil Procedure against
40the real property of a support obligor in the form of a digital or a
P42   1digitized electronic record shall be permitted and governed only
2by this section.

3(2) A facsimile signature that complies with the requirements
4of paragraph (2) of subdivision (b) of Section 27201 of the
5Government Code shall be accepted on any document relating to
6a lien that is filed or recorded pursuant to this section.

begin delete

7(3) Pursuant to Chapter 4 (commencing with Section 10080) of
8Part 1 of Division 9 of the Welfare and Institutions Code, the
9department

end delete

10begin insert(3)end insertbegin insertend insertbegin insertThe departmentend insert and the local child support agency may use
11the California Child Supportbegin delete Automationend deletebegin insert Enforcementend insert System to
12transmit, file, and record a lien record under this section.

13(b) Nothing in this section shall be construed to require a county
14recorder to establish an electronic recording delivery system or to
15enter into a contract with an entity to implement this section.

16(c) For purposes of this section, the following terms have the
17following meanings:

18(1) “Digital electronic record” means a record containing
19information that is created, generated, sent, communicated,
20received, or stored by electronic means, but not created in original
21paper form.

22(2) “Digitized electronic record” means a scanned image of the
23original paper document.

24begin insert

begin insertSEC. 24.end insert  

end insert

begin insertSection 17525 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
25read:end insert

26

17525.  

(a) Whenever a state or local governmental agency
27issues a notice of support delinquency, the notice shall state the
28date upon which the amount of the delinquency was calculated,
29and shall notify the obligor that the amount calculated may, or
30may not, include accrued interest. This requirement shall not be
31imposed until the local child support agency has instituted the
32California Child Supportbegin delete Automationend deletebegin insert Enforcementend insert Systembegin delete defined
33in Section 10081 of the Welfare and Institutions Code.end delete
begin insert implemented
34and maintained by the Department of Child Support Services
35pursuant to Section 17308.end insert
The notice shall further notify the
36obligor of his or her right to an administrative determination of
37arrears by requesting that the local child support agency review
38the arrears, but that payments on arrears continue to be due and
39payable unless and until the local child support agency notifies the
40obligor otherwise. A state agency shall not be required to suspend
P43   1enforcement of any arrearages as a result of the obligor’s request
2for an administrative determination of arrears, unless the agency
3receives notification of a suspension pursuant to subdivision (b)
4of Section 17526.

5(b) For purposes of this section, “notice of support delinquency”
6means a notice issued to a support obligor that includes a specific
7statement of the amount of delinquent support due and payable.

8(c) This section shall not require a state or local entity to
9calculate the amount of a support delinquency, except as otherwise
10required by law.

11begin insert

begin insertSEC. 25.end insert  

end insert

begin insertSection 17528 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
12read:end insert

13

17528.  

(a) As authorized by subdivision (c) of Section 704.110
14of the Code of Civil Procedure, the following actions shall be taken
15in order to enforce support obligations that are not being met:

16(1) Within 18 months of implementation of thebegin delete Statewide
17Automated Child Support System (SACSS),end delete
begin insert California Child
18Support Enforcement System (CSE),end insert
or its replacement as
19prescribed by former Section 10815 of the Welfare and Institutions
20Code, and certification ofbegin delete SACSSend deletebegin insert CSEend insert or its replacement by the
21United States Department of Health and Human Services, the
22department shall compile a file of all support judgments and orders
23that are being enforced by local child support agencies pursuant
24to Section 17400 that have sums overdue by at least 60 days or by
25an amount equal to 60 days of support.

26(2) The file shall contain the name and social security number
27of the person who owes overdue support, the amount of overdue
28support as of the date the file is created, the name of the county in
29which the support obligation is being enforced by the local child
30support agency, and any other information that is deemed necessary
31by the department and the Public Employees’ Retirement System.

32(3) The department shall provide the certified file to the Public
33Employees’ Retirement System for the purpose of matching the
34names in the file with members and beneficiaries of the Public
35Employees’ Retirement System that are entitled to receive Public
36Employees’ Retirement System benefits. The department and the
37Public Employees’ Retirement System shall work cooperatively
38to develop an interface in order to match the names in their
39respective electronic data processing systems. The interface
P44   1required to intercept benefits that are payable periodically shall be
2done as soon as it is technically feasible.

3(4) The department shall update the certified file no less than
4on a monthly basis to add new cases within the local child support
5agencies or existing cases that become delinquent and to delete
6persons who are no longer delinquent. The department shall provide
7the updated file no less than on a monthly basis to the Public
8Employees’ Retirement System.

9(5) Information contained in the certified file provided to the
10Public Employees’ Retirement System by the department and the
11local child support agencies and information provided by the Public
12Employees’ Retirement System to the department shall be used
13exclusively for child support enforcement purposes and may not
14be used for any other purpose.

15(b) Notwithstanding any otherbegin delete provision ofend delete law, the Public
16Employees’ Retirement System shall withhold the amount certified
17from the benefits and refunds to be distributed to members with
18overdue support obligations or from benefits to be distributed to
19beneficiaries with overdue support obligations. If the benefits are
20payable periodically, the amount withheld pursuant to this section
21shall not exceed the amount permitted to be withheld for an
22earnings withholding order for support under Section 706.052 of
23the Code of Civil Procedure.

24(c) The Public Employees’ Retirement System shall forward
25the amounts withheld pursuant to subdivision (b) within 10 days
26of withholding to the department for distribution to the appropriate
27county.

28(d) On an annual basis, the department shall notify individuals
29with overdue support obligations that PERS benefits or PERS
30contribution refunds may be intercepted for the purpose of
31enforcing family support obligations.

32(e) No later than the time of the first withholding, the Public
33Employees’ Retirement System shall send those persons subject
34to withholding the following:

35(1) Notice that his or her benefits or retirement contribution
36refund have been reduced by payment on a support judgment
37pursuant to this section.

38(2) A form developed by the department that the applicant shall
39use to request either a review by the local child support agency or
40a court hearing, as appropriate.

P45   1(f) The notice shall include the address and telephone number
2of the local child support agency that is enforcing the support
3obligation pursuant to Section 17400, and shall specify that the
4form requesting either a review by the local child support agency
5or a court hearing must be received by the local child support
6agency within 20 days of the date of the notice.

7(g) The form shall include instructions that are designed to
8enable the member or beneficiary to obtain a review or a court
9hearing as appropriate on his or her own behalf. The form shall
10specify that if the member or beneficiary disputes the amount of
11support arrearages certified by the local child support agency
12pursuant to this section, he or she may request a review by the
13local child support agency.

14(h) The department shall develop procedures that are consistent
15with this section to be used by each local child support agency in
16conducting the requested review. The local child support agency
17shall complete the review in accordance with the procedures
18developed by the department and shall notify the member or
19beneficiary of the result of the review within 20 days of receiving
20the request for review. The notification of review results shall
21include a request for hearing form and shall inform the member
22or beneficiary that if he or she returns the completed request for
23hearing form within 20 days of the date of the notice of review
24results, the local child support agency shall calendar the matter for
25court review. If the local child support agency cannot complete
26the review within 20 days, the local child support agency shall
27calendar the matter for hearing as specified in subdivision (k).

28(i) The form specified in subdivision (g) shall also notify the
29member or beneficiary that he or she may request a court hearing
30to claim an exemption of any benefit not payable periodically by
31returning the completed form to the local child support agency
32within 20 days. If the local child support agency receives a timely
33request for a hearing for a claim of exemption, the local child
34support agency shall calendar a court hearing. The amount of the
35exemption, if any, shall be determined by the court in accordance
36with the procedures set forth in Section 703.070 of the Code of
37Civil Procedure.

38(j) If the local child support agency receives the form requesting
39either a review by the local child support agency or a court hearing
40within the 20 days specified in subdivision (f), the local child
P46   1support agency shall not distribute the amount intercepted until
2the review by the local child support agency or the court hearing
3is completed. If the local child support agency determines that all
4or a portion of the member’s or beneficiary’s benefits were
5intercepted in error, or if the court determines that any amount of
6the benefits are exempt, the local child support agency shall refund
7any amount determined to be exempt or intercepted in excess of
8the correct amount to the member or beneficiary within 10 days
9of determination that a refund is due.

10(k) Any hearing properly requested pursuant to this section shall
11be calendared by the local child support agency. The hearing shall
12be held within 20 days from the date that the local child support
13agency receives the request for hearing. The local child support
14agency shall provide notice of the time and place for hearing by
15first-class mail no later than five days prior to the hearing.

16(l) Nothing in this section shall limit any existing rights of the
17member or beneficiary, including, but not limited to, the right to
18seek a determination of arrearages or other appropriate relief
19directly from the court. However, if the procedures of this section
20are not utilized by the member or beneficiary, the court may not
21require the local child support agency to refund any money that
22was distributed to the child support obligee prior to the local child
23support agency receiving notice of a court determination that a
24refund is due to the member or beneficiary.

25(m) The Department of Child Support Services and the Public
26Employees’ Retirement System shall enter into any agreement
27necessary to implement this section which shall include provisions
28for the department to provide funding to the Public Employees’
29Retirement System to develop, implement, and maintain the
30intercept process described in this section.

31(n) The Public Employees’ Retirement Systembegin delete mayend deletebegin insert shallend insert not
32assess service charges on members or beneficiaries in order to
33recover any administrative costs resulting from complying with
34this section.

35begin insert

begin insertSEC. 26.end insert  

end insert

begin insertSection 17710 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
36read:end insert

37

17710.  

(a) Each county shall be responsible for any
38administrative expenditures for administering the child support
39program not covered by federal and state funds.

P47   1(b) Notwithstanding subdivision (a), effective July 1, 1991, to
2June 30, 1992, inclusive, counties shall pay the nonfederal share
3of the administrative costs of conducting the reviews required
4underbegin insert formerend insert Section 15200.8 of the Welfare and Institutions Code
5from the savings counties will obtain as a result of the reduction
6in the maximum aid payments specified in Section 11450. Effective
7July 1, 1992, to June 30, 1993, inclusive, the state shall pay the
8 nonfederal share of administrative costs of conducting the reviews
9required underbegin insert formerend insert Section 15200.8 of the Welfare and
10Institutions Code. Funding for county costs after June 30, 1993,
11shall be subject to the availability of funds in the annual Budget
12Act.

begin delete

13(c) If the federal government imposes a penalty on California’s
14child support program for the failure to meet the October 1, 1997,
15deadline for the implementation of an automated child support
16enforcement system required by the federal Family Support Act
17of 1988 (P.L. 100-485), no portion of any penalty imposed by the
18federal government from October 1, 1997, to the date of enactment
19of the act adding this subdivision shall be assessed against Los
20Angeles County.

end delete
21begin insert

begin insertSEC. 27.end insert  

end insert

begin insertSection 17801 of the end insertbegin insertFamily Codeend insertbegin insert is amended to
22read:end insert

23

17801.  

(a) A custodial or noncustodial parent who is
24dissatisfied with the local child support agency’s resolution of a
25complaint shall be accorded an opportunity for a state hearing
26when any one or more of the following actions or failures to take
27action by the department or the local child support agency is
28claimed by the parent:

29(1) An application for child support services has been denied
30or has not been acted upon within the required timeframe.

31(2) The child support services case has been acted upon in
32violation of state or federal law or regulation or department letter
33ruling, or has not yet been acted upon within the required
34timeframe, including services for the establishment, modification,
35and enforcement of child support orders and child support
36accountings.

37(3) Child support collections have not been distributed or have
38been distributed or disbursed incorrectly, or the amount of child
39support arrears, as calculated by the department or the local child
40support agency is inaccurate. The amount of the court order for
P48   1support, including current support and arrears, is not subject to a
2state hearing under this section.

3(4) The child support agency’s decision to close a child support
4case.

5(b) Prior to requesting a hearing pursuant to subdivision (a), the
6custodial or noncustodial parent shall exhaust the complaint
7resolution process required in Section 17800, unless the local child
8support agency has not, within the 30-day period required by that
9section, submitted a written resolution of the complaint. If the
10custodial or noncustodial parent does not receive that timely written
11resolution he or she may request a hearing pursuant to subdivision
12(a).

13(c) A hearing shall be provided under subdivision (a) when the
14request for a hearing is made within 90 days after receiving the
15written notice of resolution required in Section 17800 or, if no
16written notice of resolution is provided within 30 days from the
17date the complaint was made, within 90 days after making the
18complaint.

19(d) (1) A hearing under subdivision (a) shall be set to commence
20within 45 days after the request is received by the state hearing
21office, and at least 10 days prior to the hearing, all parties shall be
22given written notice of the time and place of the hearing. Unless
23the time period is waived by the complainant, the proposed hearing
24decision shall be rendered by the state hearing office within 75
25days after the request for a state hearing is received by the state
26hearing office. The department shall have 15 days from the date
27the proposed decision is rendered to act upon the decision. When
28a hearing is postponed, continued, or reopened with the consent
29of the complainant, the time for issuance of the decision, and action
30on the decision by the department, shall be extended for a period
31of time consistent with the postponement, continuance, or
32reopening.

33(2) For purposes of this subdivision, the “state hearing office”
34refers to the division of the office or agency designated by the
35department to carry out state hearings, that conducts those state
36hearings.

37(e) To the extent not inconsistent with this section, hearings
38under subdivision (a) shall be provided in the same manner in
39which hearings are provided in Sections 10950 to 10967 of the
P49   1Welfare and Institutions Code and the State Department of Social
2Services’ regulations implementing and interpreting those sections.

3(f) Pendency of a state hearing shall not affect the obligation to
4comply with an existing child support order.

5(g) Any child support determination that is subject to the
6jurisdiction of the superior court and that is required by law to be
7addressed by motion, order to show cause, or appeal under this
8code shall not be subject to a state hearing under this section. The
9director shall, by regulation, specify and exclude from the subject
10matter jurisdiction of state hearings provided under subdivision
11(a), grievances arising from a child support case in the superior
12court which must, by law, be addressed by motion, order to show
13cause, or appeal under this code.

14(h) The local child support agencybegin delete and the Franchise Tax Boardend delete
15 shall comply with, and execute, every decision of the director
16rendered pursuant to this section.

17(i) The director shall contract with the State Department of
18Social Services or the Office of Administrative Hearings for the
19provision of state hearings in accordance with this section.

20(j) This section shall be implemented only to the extent that
21there is federal financial participation available at the child support
22funding rate set forth in Section 655(a)(2) of Title 42 of the United
23States Code.

24begin insert

begin insertSEC. 28.end insert  

end insert

begin insertSection 17802 of the end insertbegin insertFamily Codeend insertbegin insert is repealed.end insert

begin delete
25

17802.  

To the extent that a custodial or noncustodial parent
26has a complaint concerning the action or inaction of the Franchise
27Tax Board in any child support case referred to the Franchise Tax
28Board pursuant to Section 17400, that complaint shall be resolved
29pursuant to Section 17800 by the local child support agency that
30is responsible for the case. The Franchise Tax Board shall cooperate
31with the local child support agency in resolving the complaint
32within the timeframes required by Section 17800. If the custodial
33or noncustodial parent requests a hearing pursuant to Section
3417801, the Franchise Tax Board shall ensure that a representative
35attends the hearing if deemed necessary by the local child support
36agency.

end delete
37

begin deleteSEC. 8.end delete
38
begin insertSEC. 29.end insert  

Section 69619.5 is added to the Government Code,
39to read:

P50   1

69619.5.  

(a) The Legislature hereby ratifies the authority of
2the Judicial Council to convert 10 subordinate judicial officer
3positions to judgeships in the 2016-17 fiscal year when the
4conversion will result in a judge being assigned to a family law or
5juvenile law assignment previously presided over by a subordinate
6judicial officer, pursuant to subparagraph (C) of paragraph (1) of
7subdivision (c) of Section 69615.

8(b) The action described in subdivision (a) shall be in addition
9to any action that may be taken pursuant to the authority described
10in subparagraph (B) of paragraph (1) of subdivision (c) of Section
1169615 to convert up to 16 subordinate judicial officer positions to
12judgeships.

13

begin deleteSEC. 9.end delete
14
begin insertSEC. 30.end insert  

Section 361 of the Welfare and Institutions Code is
15amended to read:

16

361.  

(a) (1) In all cases in which a minor is adjudged a
17dependent child of the court on the ground that the minor is a
18person described by Section 300, the court may limit the control
19to be exercised over the dependent child by any parent or guardian
20and shall by its order clearly and specifically set forth all those
21limitations. Any limitation on the right of the parent or guardian
22to make educational or developmental services decisions for the
23child shall be specifically addressed in the court order. The
24limitations may not exceed those necessary to protect the child. If
25the court specifically limits the right of the parent or guardian to
26make educational or developmental services decisions for the child,
27or, for the nonminor dependent, if the court finds the appointment
28of a developmental services decisionmaker to be in the best
29interests of the nonminor dependent, the court shall at the same
30time appoint a responsible adult to make educational or
31developmental services decisions for the child or nonminor
32dependent until one of the following occurs:

33(A) The minor reaches 18 years of age, unless the child or
34nonminor dependent chooses not to make educational or
35developmental services decisions for himself or herself, or is
36deemed by the court to be incompetent.

37(B) Another responsible adult is appointed to make educational
38or developmental services decisions for the minor pursuant to this
39section.

P51   1(C) The right of the parent or guardian to make educational or
2developmental services decisions for the minor is fully restored.

3(D) A successor guardian or conservator is appointed.

4(E) The child is placed into a planned permanent living
5arrangement pursuant to paragraph (5) of subdivision (g) of Section
6366.21, Section 366.22, Section 366.26, or subdivision (i) of
7Section 366.3, at which time, for educational decisionmaking, the
8foster parent, relative caretaker, or nonrelative extended family
9member as defined in Section 362.7, has the right to represent the
10child in educational matters pursuant to Section 56055 of the
11Education Code, and for decisions relating to developmental
12services, unless the court specifies otherwise, the foster parent,
13relative caregiver, or nonrelative extended family member of the
14planned permanent living arrangement has the right to represent
15the child or nonminor dependent in matters related to
16developmental services.

17(2) An individual who would have a conflict of interest in
18representing the child or nonminor dependent shall not be
19appointed to make educational or developmental services decisions.
20For purposes of this section, “an individual who would have a
21conflict of interest” means a person having any interests that might
22restrict or bias his or her ability to make educational or
23developmental services decisions, including, but not limited to,
24those conflicts of interest prohibited by Section 1126 of the
25Government Code, and the receipt of compensation or attorney’s
26fees for the provision of services pursuant to this section. A foster
27parent shall not be deemed to have a conflict of interest solely
28because he or she receives compensation for the provision of
29services pursuant to this section.

30(3) If the court limits the parent’s educational rights pursuant
31to this subdivision, the court shall determine whether there is a
32responsible adult who is a relative, nonrelative extended family
33member, or other adult known to the child who is available and
34willing to serve as the child’s educational representative before
35appointing an educational representative or surrogate who is not
36known to the child.

37If the court cannot identify a responsible adult who is known to
38the child and available to make educational decisions for the child,
39subparagraphs (A) to (E), inclusive, of paragraph (1) do not apply,
40and the child has either been referred to the local educational
P52   1agency for special education and related services, or has a valid
2individualized education program, the court shall refer the child
3to the local educational agency for appointment of a surrogate
4parent pursuant to Section 7579.5 of the Government Code.

5If the court cannot identify a responsible adult to make
6educational decisions for the child, the appointment of a surrogate
7parent as defined in subdivision (a) of Section 56050 of the
8Education Code is not warranted, and there is no foster parent to
9 exercise the authority granted by Section 56055 of the Education
10Code, the court may, with the input of any interested person, make
11educational decisions for the child.

12(4) If the court appoints a developmental services decisionmaker
13pursuant to this section, he or she shall have the authority to access
14the child’s or nonminor dependent’s information and records
15pursuant to subdivision (u) of Section 4514 and subdivision (y) of
16Section 5328, and to act on the child’s or nonminor dependent’s
17behalf for the purposes of the individual program plan process
18pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing
19process pursuant to Chapter 7 (commencing with Section 4700)
20of Division 4.5, and as set forth in the court order.

21If the court cannot identify a responsible adult to make
22developmental services decisions for the child or nonminor
23dependent, the court may, with the input of any interested person,
24make developmental services decisions for the child or nonminor
25dependent. If the child is receiving services from a regional center,
26the provision of any developmental services related to the court’s
27decision must be consistent with the child’s or nonminor
28dependent’s individual program plan and pursuant to the provisions
29of the Lanterman Developmental Disabilities Services Act
30(Division 4.5 (commencing with Section 4500)).

31(5) All educational and school placement decisions shall seek
32to ensure that the child is in the least restrictive educational
33programs and has access to the academic resources, services, and
34extracurricular and enrichment activities that are available to all
35pupils. In all instances, educational and school placement decisions
36shall be based on the best interests of the child. If an educational
37representative or surrogate is appointed for the child, the
38representative or surrogate shall meet with the child, shall
39 investigate the child’s educational needs and whether those needs
40are being met, and shall, prior to each review hearing held under
P53   1this article, provide information and recommendations concerning
2the child’s educational needs to the child’s social worker, make
3written recommendations to the court, or attend the hearing and
4participate in those portions of the hearing that concern the child’s
5education.

6(6) Nothing in this section in any way removes the obligation
7to appoint surrogate parents for students with disabilities who are
8without parental representation in special education procedures as
9required by state and federal law, including Section 1415(b)(2) of
10Title 20 of the United States Code, Section 56050 of the Education
11Code, Section 7579.5 of the Government Code, and Rule 5.650
12of the California Rules of Court.

13(b) (1) Subdivision (a) does not limit the ability of a parent to
14voluntarily relinquish his or her child to the State Department of
15Social Services, to a county adoption agency, or to a licensed
16private adoption agency at any time while the child is the subject
17of a petition to declare him or her, or is, a dependent child of the
18juvenile court, if the department, county adoption agency, or
19licensed private adoption agency is willing to accept the
20relinquishment.

21(2) When accepting the relinquishment of a child described in
22paragraph (1), the department or a county adoption agency shall
23comply with Section 8700 of the Family Code and, within five
24court days of accepting the relinquishment, shall file written notice
25of that fact with the court and all parties to the case and their
26counsel.

27(3) When accepting the relinquishment of a child described in
28paragraph (1), a licensed private adoption agency shall comply
29with Section 8700 of the Family Code and, within 10 court days
30of accepting the relinquishment, shall file or allow another party
31or that party’s counsel to file with the court one original and five
32copies of a request to approve the relinquishment. The clerk of the
33court shall file the request under seal, subject to examination only
34by the parties and their counsel or by others upon court approval.
35If the request is accompanied by the written agreement of all
36parties, the court may issue an ex parte order approving the
37relinquishment. Unless approved pursuant to that agreement, the
38court shall set the matter for hearing no later than 10 court days
39after filing, and shall provide notice of the hearing to all parties
40and their counsel, and to the licensed private adoption agency and
P54   1its counsel. The licensed private adoption agency and any
2prospective adoptive parent or parents named in the relinquishment
3shall be permitted to attend the hearing and participate as parties
4regarding the strictly limited issue of whether the court should
5approve the relinquishment. The court shall issue an order
6approving or denying the relinquishment within 10 court days after
7 the hearing.

8(c) A dependent child shall not be taken from the physical
9custody of his or her parents or guardian or guardians with whom
10the child resides at the time the petition was initiated, unless the
11juvenile court finds clear and convincing evidence of any of the
12following circumstances listed in paragraphs (1) to (5), inclusive,
13and, in an Indian child custody proceeding, paragraph (6):

14(1) There is or would be a substantial danger to the physical
15health, safety, protection, or physical or emotional well-being of
16the minor if the minor were returned home, and there are no
17reasonable means by which the minor’s physical health can be
18protected without removing the minor from the minor’s parent’s
19or guardian’s physical custody. The fact that a minor has been
20adjudicated a dependent child of the court pursuant to subdivision
21(e) of Section 300 shall constitute prima facie evidence that the
22minor cannot be safely left in the physical custody of the parent
23or guardian with whom the minor resided at the time of injury.
24The court shall consider, as a reasonable means to protect the
25minor, each of the following:

26(A) The option of removing an offending parent or guardian
27from the home.

28(B) Allowing a nonoffending parent or guardian to retain
29physical custody as long as that parent or guardian presents a plan
30acceptable to the court demonstrating that he or she will be able
31to protect the child from future harm.

32(2) The parent or guardian of the minor is unwilling to have
33physical custody of the minor, and the parent or guardian has been
34notified that if the minor remains out of their physical custody for
35the period specified in Section 366.26, the minor may be declared
36permanently free from their custody and control.

37(3) The minor is suffering severe emotional damage, as indicated
38by extreme anxiety, depression, withdrawal, or untoward aggressive
39behavior toward himself or herself or others, and there are no
40reasonable means by which the minor’s emotional health may be
P55   1protected without removing the minor from the physical custody
2of his or her parent or guardian.

3(4) The minor or a sibling of the minor has been sexually abused,
4or is deemed to be at substantial risk of being sexually abused, by
5a parent, guardian, or member of his or her household, or other
6person known to his or her parent, and there are no reasonable
7means by which the minor can be protected from further sexual
8abuse or a substantial risk of sexual abuse without removing the
9minor from his or her parent or guardian, or the minor does not
10wish to return to his or her parent or guardian.

11(5) The minor has been left without any provision for his or her
12support, or a parent who has been incarcerated or institutionalized
13cannot arrange for the care of the minor, or a relative or other adult
14custodian with whom the child has been left by the parent is
15unwilling or unable to provide care or support for the child and
16the whereabouts of the parent is unknown and reasonable efforts
17to locate him or her have been unsuccessful.

18(6) In an Indian child custody proceeding, continued custody
19of the child by the parent or Indian custodian is likely to result in
20serious emotional or physical damage to the child, and that finding
21is supported by testimony of a “qualified expert witness” as
22described in Section 224.6.

23(A) Stipulation by the parent, Indian custodian, or the Indian
24child’s tribe, or failure to object, may waive the requirement of
25producing evidence of the likelihood of serious damage only if the
26court is satisfied that the party has been fully advised of the
27requirements of the federal Indian Child Welfare Act (25 U.S.C.
28Sec. 1901 et seq.), and has knowingly, intelligently, and voluntarily
29waived them.

30(B) Failure to meet non-Indian family and child-rearing
31community standards, or the existence of other behavior or
32conditions that meet the removal standards of this section, will not
33support an order for placement in the absence of the finding in this
34paragraph.

35(d) The court shall make a determination as to whether
36reasonable efforts were made to prevent or to eliminate the need
37for removal of the minor from his or her home or, if the minor is
38removed for one of the reasons stated in paragraph (5) of
39subdivision (c), whether it was reasonable under the circumstances
40not to make any of those efforts, or, in the case of an Indian child
P56   1custody proceeding, whether active efforts as required in Section
2361.7 were made and that these efforts have proved unsuccessful.
3The court shall state the facts on which the decision to remove the
4minor is based.

5(e) The court shall make all of the findings required by
6subdivision (a) of Section 366 in either of the following
7circumstances:

8(1) The minor has been taken from the custody of his or her
9parent or guardian and has been living in an out-of-home placement
10pursuant to Section 319.

11(2) The minor has been living in a voluntary out-of-home
12placement pursuant to Section 16507.4.

13begin insert

begin insertSEC. 31.end insert  

end insert

begin insertChapter 4 (commencing with Section 10080) of Part
141 of Division 9 of the end insert
begin insertWelfare and Institutions Codeend insertbegin insert is repealed.end insert

15begin insert

begin insertSEC. 32.end insert  

end insert

begin insertSection 11475.2 of the end insertbegin insertWelfare and Institutions Codeend insert
16
begin insert is repealed.end insert

begin delete
17

11475.2.  

(a) If at any time the Director of Social Services
18considers any public agency, which is required by law, by
19delegation of the department, or by cooperative agreement, to
20perform functions relating to the state plan for securing child and
21spousal support and determining paternity, to be failing in a
22substantial manner to comply with any provision of the state plan,
23the director shall put that agency on written notice to that effect.

24The state plan concerning spousal support shall apply only to
25spousal support included in a child support order.

26In this chapter the term spousal support shall include support
27for a former spouse.

28(b) If the director determines that there is a failure on the part
29of that public agency to comply with the provisions of the state
30plan, or if the State Personnel Board certifies to the director that
31that public agency is not in conformity with applicable merit system
32standards under Part 2.5 (commencing with Section 19800) of
33Division 5 of Title 2 of the Government Code, and that sanctions
34are necessary to secure compliance, the director may invoke either
35or both of the following sanctions:

36(1) Withhold part or all of state and federal funds, including
37incentive funds, from that public agency until the public agency
38shall make a showing to the director of full compliance.

P57   1(2) Notify the Attorney General that there has been a failure to
2 comply with the state plan and the Attorney General shall take
3appropriate action to secure compliance.

4(c) Notwithstanding Sections 15200 and 15204.2, in the event
5of a federal statewide child support program audit, review, or other
6measure of program compliance or performance which results in
7the reduction of federal funding for the Title IV-A program, the
8state shall fund 100 percent of the federal reduction to ensure the
9continuation of funding for allowable aid payments and related
10administrative costs associated with the AFDC program.

11(d) In the event of a federal determination to reduce or modify
12federal funding for the Title IV-A program as a result of improper
13or inadequate county administration of the child and spousal
14support enforcement program, the department shall pass on to the
15counties any federal sanction levied on or after January 1, 1991,
16regardless of the date of the underlying federal audit, except for
17any sanctions resulting from the 1986 audit or federal followup.
18For the purposes of this section, the date of levy is the date the
19federal government actually reduces, withholds, or otherwise
20modifies the state’s funding.

21(e) The sanction shall be assessed as follows:

22(1) The state shall assume responsibility for 50 percent of the
23total federal sanction.

24(2) Each county shall be assessed an amount equal to the amount
25of increased county costs which would occur based on application
26of Sections 15200 and 15204.2.

27(3) For each county found to be out of compliance based on the
28reviews conducted pursuant to Section 15200.8, the county shall
29be assessed an amount equal to one-half the rate of the federal
30sanction multiplied by the county’s total federal Title IV-A
31program funding.

32(4) For each county found to be marginally in compliance based
33on the reviews conducted pursuant to Section 15200.8, the county
34shall be assessed an amount equal to one-quarter the rate of the
35federal sanction multiplied by the county’s total federal Title IV-A
36program funding. For the purposes of this section, a county is
37marginally in compliance if it attains at least 75 percent, but not
38more than 80 percent, compliance with case processing criteria.

39(5) In the event the amount of the federal sanction is less than
40the amount required to apply paragraphs (1), (2), (3), and (4),
P58   1county liability under paragraph (4) shall be reduced accordingly.
2In the event county liability under paragraph (4) is eliminated and
3the amount of the federal sanction is less than the amount required
4to apply paragraphs (1), (2), and (3), county liability under
5paragraph (3) shall be reduced accordingly.

6(6) The review pursuant to Section 15200.8 which was
7conducted closest to the date the federal sanction was levied shall
8be used to determine which counties are out of compliance and
9marginally in compliance.

10(f) There shall be established a sanction credit which shall
11consist of any net increase in state revenue resulting from any
12increase of more than 934 percent in distributed collections on
13behalf of families receiving Aid to Families with Dependent
14Children for each of the previous three state fiscal years.

15(1) The balance of the sanction after application of subdivision
16(e) shall be reduced by the amount of the sanction credit.

17(2) In the event the sanction credit exceeds the balance of the
18sanction after application of paragraph (1), the amount exceeding
19the balance shall be used to reduce the liability of marginally
20compliant counties under paragraph (4) of subdivision (e). Any
21further balance shall be used to reduce the liability of
22out-of-compliance counties under paragraph (3) of subdivision
23(e).

24(3) In the event the sanction credit does not fully offset the
25balance of the sanction after application of paragraph (1), the state
26shall be responsible for 50 percent of the unmet balance, and the
27remaining 50 percent shall be distributed to all counties in
28proportion to their total Title IV-A program funding.

29(g) The sanction assessed a county pursuant to this section shall
30be levied as a general assessment against the county.
31Notwithstanding Section 15200.97, a county may use any funds
32paid to that county pursuant to Sections 15200.1, 15200.2, 15200.3,
3315200.6, 15200.7, 15200.85, 15200.9, and 15200.95 over and
34above the county’s cost of administering the child support program
35to supplant any county funds reduced under this section.

36(h) In the event of any other audit or review which results in
37the reduction or modification of federal funding for the program
38under Part D (commencing with Section 652) of Subchapter IV
39of Title 42 of the United States Code, the sanction shall be assessed
P59   1against those counties specifically cited in the federal findings in
2the amount cited in those findings.

3(i) The department shall establish a process whereby any county
4assessed a portion of any sanction may appeal the department’s
5decision.

6(j) Nothing in this section shall be construed as relieving the
7board of supervisors of the responsibility to provide funds
8necessary for the continued operation of the state plan as required
9by law.

end delete
10begin insert

begin insertSEC. 33.end insert  

end insert

begin insertSection 11475.3 of the end insertbegin insertWelfare and Institutions Codeend insert
11
begin insert is repealed.end insert

begin delete
12

11475.3.  

The first fifty dollars ($50) of any amount of child
13support collected in a month in payment of the required support
14obligation for that month shall be paid to a recipient of aid under
15this chapter, except recipients of foster care payments under Article
165 (commencing with Section 11400) shall not be considered income
17or resources of the recipient family, and shall not be deducted from
18the amount of aid to which the family would otherwise be eligible.
19The local child support agency in each county shall ensure that
20payments are made to recipients as required by this section.

end delete
21begin insert

begin insertSEC. 34.end insert  

end insert

begin insertSection 11476.2 of the end insertbegin insertWelfare and Institutions Codeend insert
22
begin insert is repealed.end insert

begin delete
23

11476.2.  

On a monthly basis, the local child support agency
24shall provide to any CalWORKs recipient or former recipient for
25whom an assignment pursuant to subdivision (a) of Section 11477
26is currently effective, a notice of the amount of assigned support
27payments made on behalf of the recipient or former recipient or
28any other family member for whom public assistance is received.

end delete
29begin insert

begin insertSEC. 35.end insert  

end insert

begin insertChapter 6 (commencing with Section 16575) of Part
304 of Division 9 of the end insert
begin insertWelfare and Institutions Codeend insertbegin insert is repealed.end insert



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