Amended in Senate August 16, 2016

Amended in Senate June 14, 2016

Amended in Assembly March 29, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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, 2103, begin delete 4007.5, end delete 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, the Family Code, to add Section 69619.5 to the Government Code, and to amend Section 361 of, to 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, 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.

This 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.

This 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.

This 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.

This 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.

(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.

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.

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.

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.

(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.

This bill would repeal these requirements.

(6) Existing law requires each county to maintain a local child support agency that is responsible 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.

This bill would reenact this requirement in the Family Code.

(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 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.

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

(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.

begin delete

(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 delete begin delete

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 delete begin delete

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 delete begin delete

(10)

end delete

begin insert (9) 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

(11)

end delete

begin insert (10) 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:

SECTION 1.  

Section 302 of the Family Code is amended to
read:

302.  

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

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

SEC. 2.  

Section 304 of the Family Code is amended to read:

304.  

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

SEC. 3.  

Section 306.5 of the Family Code is amended to read:

306.5.  

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

(b) (1) 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 by entering
the new name in the spaces provided on the marriage license
application without intent to defraud.

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

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

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

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

(D) A combination of last names.

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

(A) The current last name of either spouse.

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

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

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

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

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

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

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

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

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

SEC. 4.  

Section 308 of the Family Code is amended to read:

308.  

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

SEC. 5.  

Section 360 of the Family Code is amended to read:

360.  

(a) 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, the person solemnizing the marriage, in order to comply
with Section 359, shall obtain a duplicate marriage license by filing
an affidavit setting forth the facts with the county clerk of the
county in which the license was issued.

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

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

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

SEC. 6.  

Section 500 of the Family Code is amended to read:

500.  

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

SEC. 7.  

Section 2103 of the Family Code is amended to read:

2103.  

In order to provide full and accurate disclosure of all
assets and liabilities in which one or both parties may have an
interest, each party to a proceeding for dissolution of the marriage
or legal separation of the parties shall serve on the other party a
preliminary declaration of disclosure under Section 2104, unless
service of the preliminary declaration of disclosure is waived as
provided in Section 2107 or is not required pursuant to Section
2110, and a final declaration of disclosure under Section 2105,
unless service of the final declaration of disclosure is waived
pursuant to Section 2105, 2107, or 2110, and shall file proof of
service of each with the court.

begin delete

SEC. 8.  

Section 4007.5 of the Family Code is amended to read:

4007.5.  

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

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

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

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

(c) (1) A local child support agency enforcing a child support
order under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.) may, upon written notice of the proposed adjustment
to the support obligor and obligee along with a blank form provided
for the support obligor or obligee to object to the administrative
adjustment to the local child support agency, administratively
adjust account balances for a money judgment or order for support
of a child suspended pursuant to subdivision (a) if all of the
following occur:

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

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

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

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

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

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

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

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

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

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

(g) 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 this section as it existed on June 30, 2015,
may petition the court for a reduction in arrears in accordance with
this section as it existed on June 30, 2015.

(h) The Department of Child Support Services shall, by January
1, 2016, and in consultation with the Judicial Council, develop
forms to implement this section.

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

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

end delete

begin delete SEC. 9. end delete

begin insert SEC. 8. end insert   

Section 4014 of the Family Code is amended to read:

4014.  

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

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

(1) Residential and mailing address.

(2) Social security number.

(3) Telephone number.

(4) Driver’s license number.

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

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

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

(c) The requirements set forth in this subdivision shall only
apply in cases in which the local child support agency is not
providing child support services pursuant to Section 17400. Once
the child support registry, as described in Section 17391 is
operational, any judgment for paternity and any order for child
support entered or modified pursuant to any provision of law shall
include a provision requiring the child support obligor and obligee
to file and keep updated the information specified in subdivision
(b) with the child support registry.

(d) The Judicial Council shall develop forms to implement this
section. The forms shall be developed so as not to delay the
implementation of the Statewide Child Support Registry described
in Section 17391 and shall be available no later than 30 days prior
to the implementation of the Statewide Child Support Registry.

begin delete SEC. 10. end delete

begin insert SEC. 9. end insert   

Section 4052.5 of the Family Code is amended to read:

4052.5.  

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

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

(c) Nothing in this section shall be construed to require
reprogramming of the California Child Support Enforcement
System, a change to the statewide uniform guideline for
determining child support set forth in Section 4055, or a revision
by the Department of Child Support Services of its regulations,
policies, procedures, forms, or training materials.

begin delete SEC. 11. end delete

begin insert SEC. 10. end insert   

Section 8714 of the Family Code is amended to read:

8714.  

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

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

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

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

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

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

begin delete SEC. 12. end delete

begin insert SEC. 11. end insert   

Section 17212 of the Family Code is amended to
read:

17212.  

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

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

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

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

(4) The location of absent parents.

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

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

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

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

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

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

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

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

(4) An income and expense declaration of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 13. end delete

begin insert SEC. 12. end insert   

Section 17306 of the Family Code is amended to
read:

17306.  

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

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

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

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

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

(1) Adopt uniform procedures and forms.

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

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

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

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

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

(7) Set priorities for the use of specific enforcement mechanisms
for use by local child support agencies. As part of establishing
these priorities, the director shall set forth caseload processing
priorities to target enforcement efforts and services in a way that
will maximize collections and avoid welfare dependency.

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

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

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

(d) In adopting the forms, policies, and procedures, the director
shall consult with appropriate organizations representing
stakeholders in California, such as the California State Association
of Counties, labor organizations, custodial and noncustodial parent
advocates, child support commissioners, family law facilitators,
and the appropriate committees of the Legislature.

(e) (1) (A) Notwithstanding the Administrative Procedure Act,
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division
3 of Title 2 of the Government Code, through December 31, 2007,
the department may implement the applicable provisions of this
division through child support services letters or similar instructions
from the director.

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

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

begin delete SEC. 14. end delete

begin insert SEC. 13. end insert   

Article 4 (commencing with Section 17390) is added
to Chapter 1 of Division 17 of the Family Code, to read:

 

Article 4.  Statewide Registry for Child Support

 

17390.  

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

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

17391.  

(a) The department shall develop an implementation
plan for the Statewide Child Support Registry. The Statewide Child
Support Registry shall be operated by the agency responsible for
operation of the California Child Support Enforcement System or
its replacement. The Statewide Child Support Registry shall include
storage and data retrieval of the data elements specified in Section
17392 for all California child support orders. The Statewide Child
Support Registry will operate to ensure that all data in the
Statewide Child Support 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.

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

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

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

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

17392.  

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

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

(1) Any information required under federal law.

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

17393.  

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

begin delete SEC. 15. end delete

begin insert SEC. 14. end insert   

Section 17400 of the Family Code is amended to
read:

17400.  

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

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

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

(3) Notwithstanding any other law, effective July 1, 2016, a
local child support agency may electronically file pleadings signed
by an agent of the local child support agency under penalty of
perjury. An original signed pleading shall be executed prior to, or
on the same day as, the day of electronic filing. Original signed
pleadings shall be maintained by the local child support agency
for the period of time prescribed by subdivision (a) of Section
68152 of the Government Code. A local child support agency may
maintain the original signed pleading by way of an electronic copy
in the Statewide Automated Child Support System. The Judicial
Council, by July 1, 2016, shall develop rules to implement this
subdivision.

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

(d) (1) The Judicial Council, in consultation with the
department, the Senate Committee on Judiciary, the Assembly
Committee on Judiciary, and a legal services organization
providing representation on child support matters, shall develop
simplified summons, complaint, and answer forms for any action
for support brought pursuant to this section or Section 17404. The
Judicial Council may combine the summons and complaint in a
single form.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(5) The referral of child support delinquencies to the department
under subdivision (c) of Section 17500 in support of the local child
support agency.

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

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

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

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

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

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

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

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

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

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

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

(C) If current support is no longer payable through, or
enforceable by, the local child support agency, venue shall be in
the superior court in the county that last provided public assistance
for actions to enforce arrearages assigned pursuant to Section
11477 of the Welfare and Institutions Code.

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

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

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

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

begin delete SEC. 16. end delete

begin insert SEC. 15. end insert   

Section 17434 of the Family Code is amended to
read:

17434.  

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

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

(1) A local child support agency.

(2) The State Attorney General’s office.

(3) A community organization that advocates for the rights of
custodial parents.

(4) A community organization that advocates for the rights of
supporting parents.

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

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

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

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

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

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

begin delete SEC. 17. end delete

begin insert SEC. 16. end insert   

Section 17450 of the Family Code is amended to
read:

17450.  

(a) For purposes of this article:

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

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

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

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

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

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

(d) It is the intent of the Legislature that when the California
Child Support Enforcement System (CSE) is fully operational,
any statutes that should be modified based upon the status of the
system shall be revised. During the development and
implementation of CSE, the department, as the Title IV-D agency,
may, through appropriate interagency agreement, delegate any and
all of the functions or procedures specified in this article to the
Franchise Tax Board. The Franchise Tax Board shall perform those
functions or procedures as specified in Sections 19271 to 19275,
inclusive, of the Revenue and Taxation Code until such time as
the director, by letter to the executive officer of the Franchise Tax
Board, revokes such delegation of Title IV-D functions. Sections
19271 to 19275, inclusive, of the Revenue and Taxation Code shall
be effective for these purposes until the revocation of delegation
to the Franchise Tax Board.

(e) Consistent with the development and implementation of the
California Child Support Enforcement System, the Franchise Tax
Board and the department shall enter into a letter of agreement
and an interagency agreement whereby the department shall assume
responsibility for collection of child support delinquencies and the
Financial Institution Data Match System as set forth in this article.
The letter of agreement and interagency agreement shall, at a
minimum, set forth all of the following:

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

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

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

begin delete SEC. 18. end delete

begin insert SEC. 17. end insert   

Section 17458 of the Family Code is repealed.

begin delete SEC. 19. end delete

begin insert SEC. 18. end insert   

Section 17460 of the Family Code is amended to
read:

17460.  

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

(b) The California Child Support Enforcement System shall,
for purposes of this article, include the capacity to interface and
exchange information, if feasible, with the Internal Revenue
Service, to enable the immediate reporting and tracking of obligated
parent information.

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

begin delete SEC. 20. end delete

begin insert SEC. 19. end insert   

Section 17504.1 is added to the Family Code, to read:

17504.1.  

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

begin delete SEC. 21. end delete

begin insert SEC. 20. end insert   

Section 17506 of the Family Code is amended to
read:

17506.  

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

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

(2) Date and place of birth.

(3) Physical description.

(4) Social security number.

(5) Employment history and earnings.

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

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

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

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

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

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

(i) Assets.

(ii) Credits.

(iii) Deductions.

(iv) Exemptions.

(v) Identity.

(vi) Liabilities.

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

(viii) Net worth.

(ix) Payments.

(x) Receipts.

(xi) Address.

(xii) Social security number.

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

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

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

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

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

(c) To effectuate the purposes of this section, the California
Child Support Enforcement System and the California Parent
Locator Service and Central Registry shall utilize the federal Parent
Locator Service to the extent necessary, and may request and shall
receive from all departments, boards, bureaus, or other agencies
of the state, or any of its political subdivisions, and those entities
shall provide, that assistance and data that will enable the
Department of Child Support Services and other public agencies
to carry out their powers and duties to locate parents, spouses, and
former spouses, and to identify their assets, to establish parent-child
relationships, and to enforce liability for child or spousal support,
and for any other obligations incurred on behalf of children, and
shall also provide that information to any local child support agency
in fulfilling the duties prescribed in Section 270 of the Penal Code,
and in Chapter 8 (commencing with Section 3130) of Part 2 of
Division 8 of this code, relating to abducted, concealed, or detained
children and to any county child welfare agency or county
probation department in fulfilling the duties prescribed in Article
5.5 (commencing with Section 290.1) of Chapter 2 of Part 1 of
Division 2 of the Welfare and Institutions Code, and prescribed
in Article 6 (commencing with Section 300) of Chapter 2 of Part
1 of Division 2 of the Welfare and Institutions Code to identify,
locate, and notify parents or relatives of children who are the
subject of juvenile court proceedings, to establish parent and child
relationships pursuant to Section 316.2 of the Welfare and
Institutions Code, and to assess the appropriateness of placement
of a child with a noncustodial parent pursuant to Section 361.2 of
the Welfare and Institutions Code. Consistent with paragraph (1)
of subdivision (e) of Section 309 of, and paragraph (2) of
subdivision (d) of Section 628 of, the Welfare and Institutions
Code, in order for county child welfare and probation departments
to carry out their duties to identify and locate all grandparents,
adult siblings, and other adult relatives of the child as defined in
paragraph (2) of subdivision (f) of Section 319 of the Welfare and
Institutions Code, including any other adult relatives suggested by
the parents, county personnel are permitted to request and receive
information from the California Parent Locator Service and Federal
Parent Locator Service. County child welfare agencies and
probation departments shall be entitled to the information described
in this subdivision regardless of whether an all-county letter or
similar instruction is issued pursuant to subparagraph (C) of
paragraph (8) of subdivision (c) of Section 11478.1 of the Welfare
and Institutions Code. The California Child Support Enforcement
System shall be entitled to the same cooperation and information
as the California Parent Locator Service and Central Registry to
the extent allowed by law. The California Child Support
Enforcement System shall be allowed access to criminal record
information only to the extent that access is allowed by state and
federal law.

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

(2) To effectuate the purposes of this section, and
notwithstanding any other law, regulation, or tariff, and to the
extent permitted by federal law, the California Parent Locator
Service and Central Registry and the California Child Support
Enforcement System may request and shall receive from cable
television corporations, as defined in Section 216.4 of the Public
Utilities Code, the providers of electronic digital pager
communication, as defined in Section 629.51 of the Penal Code,
and the providers of mobile telephony services, as defined in
Section 224.4 of the Public Utilities Code, customer service
information, including the full name, address, telephone number,
date of birth, employer name and address, and social security
number of customers of the cable television corporation, customers
of the providers of electronic digital pager communication, and
customers of the providers of mobile telephony services.

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

(A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication,
or provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Enforcement
System and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall
be deemed to be an administrative subpoena for customer service
information.

(B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Enforcement System.

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

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

(ii) Social security number.

(iii) Driver’s license number.

(iv) Birth date.

(v) Last known address.

(vi) Spouse’s name.

(D) The California Parent Locator Service and Central Registry
and the California Child Support Enforcement System shall ensure
that each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the names
of persons authorized to request customer service information.

(E) The California Child Support Enforcement System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, provider of electronic digital pager
communication, or provider of mobile telephony services is
applicable to the person who is being sought before releasing the
information pursuant to subdivision (d).

(4) During the development of the California Child Support
Enforcement System, the department shall determine the necessity
of additional locate sources, including those specified in this
section, based upon the cost-effectiveness of those sources.

(5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Enforcement
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.

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

(e) Notwithstanding Section 14203 of the Penal Code, any
records established pursuant to this section shall be disseminated
only to the Department of Child Support Services, the California
Child Support Enforcement System, the California Parent Locator
Service and Central Registry, the parent locator services and central
registries of other states as defined by federal statutes and
regulations, a local child support agency of any county in this state,
and the federal Parent Locator Service. The California Child
Support Enforcement System shall be allowed access to criminal
offender record information only to the extent that access is allowed
by law.

(f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Enforcement System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other provision.

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

(g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation
of the California Child Support Enforcement System, the
Department of Child Support Services shall assume all
responsibility for promulgating rules and regulations for use of
the California Parent Locator Service and Central Registry.

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

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

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

begin delete SEC. 22. end delete

begin insert SEC. 21. end insert   

Section 17508 of the Family Code is amended to
read:

17508.  

(a) The Employment Development Department shall,
when requested by the Department of Child Support Services local
child support agency, the federal Parent Locator Service, or the
California Parent Locator Service, provide access to information
collected pursuant to Division 1 (commencing with Section 100)
of the Unemployment Insurance Code to the requesting department
or agency for purposes of administering the child support
enforcement program, and for purposes of verifying employment
of applicants and recipients of aid under this chapter or CalFresh
under Chapter 10 (commencing with Section 18900) of Part 6 of
Division 9 of the Welfare and Institutions Code.

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

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

begin delete SEC. 23. end delete

begin insert SEC. 22. end insert   

Section 17522.5 of the Family Code is amended to
read:

17522.5.  

(a) Notwithstanding Section 8112 of the Commercial
Code and Section 700.130 of the Code of Civil Procedure, when
a local child support agency pursuant to Section 17522, or the
department pursuant to Section 17454 or 17500, issues a levy upon,
or requires by notice any employer, person, political officer or
entity, or depository institution to withhold the amount of, as
applicable, a financial asset for the purpose of collecting a
delinquent child support obligation, the person, financial institution,
or securities intermediary (as defined in Section 8102 of the
Commercial Code) in possession or control of the financial asset
shall liquidate the financial asset in a commercially reasonable
manner within 20 days of the issuance of the levy or the notice to
withhold. Within five days of liquidation, the person, financial
institution, or securities intermediary shall transfer to the State
Disbursement Unit, established under Section 17309, the proceeds
of the liquidation, less any reasonable commissions or fees, or
both, which are charged in the normal course of business.

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

(c) For the purposes of this section, a financial asset shall
include, but not be limited to, an uncertificated security, certificated
security, or security entitlement (as defined in Section 8102 of the
Commercial Code), security (as defined in Section 8103 of the
Commercial Code), or a securities account (as defined in Section
8501 of the Commercial Code).

begin delete SEC. 24. end delete

begin insert SEC. 23. end insert   

Section 17523.5 of the Family Code is amended to
read:

17523.5.  

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

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

(3) The department and the local child support agency may use
the California Child Support Enforcement System to transmit, file,
and record a lien record under this section.

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

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

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

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

begin delete SEC. 25. end delete

begin insert SEC. 24. end insert   

Section 17525 of the Family Code is amended to
read:

17525.  

(a) Whenever a state or local governmental agency
issues a notice of support delinquency, the notice shall state the
date upon which the amount of the delinquency was calculated,
and shall notify the obligor that the amount calculated may, or
may not, include accrued interest. This requirement shall not be
imposed until the local child support agency has instituted the
California Child Support Enforcement System implemented and
maintained by the Department of Child Support Services pursuant
to Section 17308. The notice shall further notify the obligor of his
or her right to an administrative determination of arrears by
requesting that the local child support agency review the arrears,
but that payments on arrears continue to be due and payable unless
and until the local child support agency notifies the obligor
otherwise. A state agency shall not be required to suspend
enforcement of any arrearages as a result of the obligor’s request
for an administrative determination of arrears, unless the agency
receives notification of a suspension pursuant to subdivision (b)
of Section 17526.

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

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

begin delete SEC. 26. end delete

begin insert SEC. 25. end insert   

Section 17528 of the Family Code is amended to
read:

17528.  

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

(1) Within 18 months of implementation of the California Child
Support Enforcement System (CSE), or its replacement as
prescribed by former Section 10815 of the Welfare and Institutions
Code, and certification of CSE or its replacement by the United
States Department of Health and Human Services, the department
shall compile a file of all support judgments and orders that are
being enforced by local child support agencies pursuant to Section
17400 that have sums overdue by at least 60 days or by an amount
equal to 60 days of support.

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

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

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

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

(b) Notwithstanding any other law, the Public Employees’
Retirement System shall withhold the amount certified from the
benefits and refunds to be distributed to members with overdue
support obligations or from benefits to be distributed to
beneficiaries with overdue support obligations. If the benefits are
payable periodically, the amount withheld pursuant to this section
shall not exceed the amount permitted to be withheld for an
earnings withholding order for support under Section 706.052 of
the Code of Civil Procedure.

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

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

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

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

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

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

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

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

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

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

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

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

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

(n) The Public Employees’ Retirement System shall not assess
service charges on members or beneficiaries in order to recover
any administrative costs resulting from complying with this section.

begin delete SEC. 27. end delete

begin insert SEC. 26. end insert   

Section 17710 of the Family Code is amended to
read:

17710.  

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

(b) Notwithstanding subdivision (a), effective July 1, 1991, to
June 30, 1992, inclusive, counties shall pay the nonfederal share
of the administrative costs of conducting the reviews required
under former Section 15200.8 of the Welfare and Institutions Code
from the savings counties will obtain as a result of the reduction
in the maximum aid payments specified in Section 11450. Effective
July 1, 1992, to June 30, 1993, inclusive, the state shall pay the
nonfederal share of administrative costs of conducting the reviews
required under former Section 15200.8 of the Welfare and
Institutions Code. Funding for county costs after June 30, 1993,
shall be subject to the availability of funds in the annual Budget
Act.

begin delete SEC. 28. end delete

begin insert SEC. 27. end insert   

Section 17801 of the Family Code is amended to
read:

17801.  

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

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

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

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

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

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

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

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

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

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

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

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

(h) The local child support agency shall comply with, and
execute, every decision of the director rendered pursuant to this
section.

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

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

begin delete SEC. 29. end delete

begin insert SEC. 28. end insert   

Section 17802 of the Family Code is repealed.

begin delete SEC. 30. end delete

begin insert SEC. 29. end insert   

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

69619.5.  

(a) The Legislature hereby ratifies 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, pursuant to subparagraph (C) of paragraph (1) of
subdivision (c) of Section 69615.

(b) The action described in subdivision (a) shall be in addition
to any action that may be taken pursuant to the authority described
in subparagraph (B) of paragraph (1) of subdivision (c) of Section
69615 to convert up to 16 subordinate judicial officer positions to
judgeships.

begin delete SEC. 31. end delete

begin insert SEC. 30. end insert   

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

361.  

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

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

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

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

(D) A successor guardian or conservator is appointed.

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

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

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

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

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

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

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

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

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

(b) (1) Subdivision (a) 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, or is, a dependent child of the
juvenile court, if the department, county adoption agency, or
licensed private adoption agency is willing to accept the
relinquishment.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

begin delete SEC. 32. end delete

begin insert SEC. 31. end insert   

Chapter 4 (commencing with Section 10080) of Part
1 of Division 9 of the Welfare and Institutions Code is repealed.

begin delete SEC. 33. end delete

begin insert SEC. 32. end insert   

Section 11475.2 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 34. end delete

begin insert SEC. 33. end insert   

Section 11475.3 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 35. end delete

begin insert SEC. 34. end insert   

Section 11476.2 of the Welfare and Institutions Code
is repealed.

begin delete SEC. 36. end delete

begin insert SEC. 35. end insert   

Chapter 6 (commencing with Section 16575) of Part
4 of Division 9 of the Welfare and Institutions Code is repealed.