BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   April 5, 2016


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          AB 2882  
          (Judiciary) - As Amended March 29, 2016


          SUBJECT:  FAMILY LAW


          KEY ISSUE:  TO IMPROVE THE HANDLING OF FAMILY LAW MATTERS,  
          SHOULD THE LEGISLATURE RATIFY THE JUDICIAL COUNCIL'S CONVERSION  
          OF 10 SUBORDINATE JUDICIAL OFFICER POSITIONS TO JUDGES FOR  
          FAMILY AND JUVENILE PROCEEDINGS AND MAKE OTHER TECHNICAL AND  
          CLARIFYING CHANGES TO MARRIAGE ESTABLISHMENT, ADOPTION AND CHILD  
          SUPPORT ENFORCEMENT PROVISIONS?

                                      SYNOPSIS


          This bill is the Committee's annual omnibus family law bill.  It  
          makes a number of non-controversial changes to family law in  
          California, including allowing conversions of subordinate  
          judicial officer positions to judges, allowing formerly  
          incarcerated child support obligors to petition a court to  
          suspend arrears that had previously accrued during a  
          now-sunsetted pilot program, and updating and making technical  
          corrections to marriage establishment, adoption, and Department  
          of Child Support Services enforcement provisions.  There is no  
          known opposition.


          SUMMARY:  Seeks to improve the handling of family law issues in  








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          California.  Specifically, this bill among other things:  


          1)Ratifies the authority of the Judicial Council to convert 10  
            subordinate judicial officer positions to judgeships in  
            2016-17, provided the conversion of these positions will  
            result in judges being assigned to family or juvenile law  
            assignments previously presided over by a subordinate judicial  
            officer.  Provides that this authority is in addition to the  
            existing authority provided to convert 16 SJOs to judges. 


          2)Allows prospective spouses to combine their last names into a  
            new last name that is more than one word, without the need to  
            hyphenate the names.


          3)If a marriage license is lost or damaged before it is returned  
            to the county recorder, allows a duplicate license to be  
            issued and returned by the person who solemnized the marriage  
            for up to one year from the date of the marriage.


          4)Allows a petitioner, seeking to adopt a dependent child who  
            has been freed for adoption by the juvenile court and placed  
            with that petitioner, to file the adoption request either in  
            the county where that petitioner resides or the county where  
            the child was freed for adoption. 


          5)Allows a person, who previously accrued child support arrears  
            between July 1, 2011 and July 1, 2015 and who was eligible for  
            an adjustment of those arrears because of incarceration or  
            institutionalization during that period, based on a previously  
            existing provision of law, to petition the court to adjust  
            those arrears pursuant to that then-existing provision.


          6)Requires a private adoption agency, when accepting a child  








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            voluntarily relinquished for adoption to file or allow another  
            party to file with the court, within 10 court days, the  
            original and five copies of the request to approve the  
            relinquishment.  


          7)Removes an outdated reference to the Franchise Tax Board from  
            various provisions of the state child support enforcement  
            statutes that the Department of Child Support Services is  
            charged with overseeing.


          8)Eliminates Welfare & Institutions provisions regarding  
            development of the child support automation system, which has  
            now been fully implemented.


          9)Makes other technical and conforming changes, including moving  
            provisions of the Welfare & Institutions Code relevant to the  
            child support enforcement program to the Family Code.


          EXISTING LAW:  


          1)Provides that the Legislature shall prescribe the number of  
            judges and provide for the officers and employees of each  
            superior court.  Provides that the Legislature may allow the  
            trial courts to appoint officers such as commissioners to  
            perform subordinate judicial duties.  (California  
            Constitution, Article VI, Sections 4, 22.) 


          2)Authorizes the courts to appoint subordinate judicial  
            officers, and sets forth their duties and titles.  (Government  
            Code Section 71622.) 


          3)Authorizes the conversion of 16 subordinate judicial officer  








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            positions in eligible superior courts to judgeships each  
            fiscal year as specified.  Authorizes the Judicial Council to  
            convert up to an additional 10 SJOs to judgeships each year,  
            upon vacancy and subsequent legislative authorization, if the  
            conversion of these additional positions will result in judges  
            being assigned to family or juvenile law assignments  
            previously presided over by subordinate judicial officers, but  
            requires that such authority be ratified by the Legislature by  
            statutory enactment.  (Government Code Sections 69615-19.) 


          4)Allows prospective spouses to combine their last names into a  
            new last name that is more than one word, but those names must  
            be hyphenated.  (Family Code Section 306.5.)


          5)If a marriage license is lost or damaged before it is returned  
            to the county recorder, allows a duplicate license to be  
            issued and returned by the person who solemnized the marriage  
            up to one year from the issuance of the original license.   
            (Family Code Section 308.)


          6)Provides, from January 1, 2016 until January 1, 2020, that the  
            obligation to pay child support is suspended for the period of  
            time in which the obligor is incarcerated or involuntarily  
            institutionalized, as defined, for any period exceeding 90  
            consecutive days, unless the obligor has the means to pay  
            support while incarcerated or institutionalized or was  
            incarcerated for any domestic violence offense or as a result  
            of failure to pay child support.  Allows support to be  
            administratively suspended.  Previously provided for a similar  
            pilot suspension program for the four-year period July 1, 2011  
            to July 1, 2015, although support had to be suspended by the  
            court.  (Family Code Sections 4007.5.)


          7)Allows a person seeking to adopt a dependent child who has  
            been freed for adoption by the juvenile court to file the  








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            adoption request either in the county where that person  
            resides or the county where the child was freed for adoption.   
            (Family Code Section 8714.)


          8)Requires a private adoption agency, when accepting a child  
            voluntarily relinquished for adoption, within five court days,  
            to file with the court the original and 10 copies of the  
            request to approve the relinquishment.  (Welfare &  
            Institutions Code Section 361.)


          9)Makes the Franchise Tax Board responsible for various  
            provisions of the state child support enforcement program for  
            which the Department of Child Support Services is the single  
            state agency charged with overseeing.  (Family Code Sections  
            17306, 17400, 17458, 17506, 17508, 17522.5, 17801, 17802.)


          10)Sets forth the process, rules and funding for development of  
            the California Child Support Automation System, which was  
            fully implemented in November, 2008.  (Welfare & Institutions  
            Code Section 10080 et seq.)


          11)Sets out the duties of the Department of Social Services and  
            local child support agencies regarding the state child support  
            plan and the child support disregard.  (Welfare & Institutions  
            Code Section 11475.2 et seq.)


          12)Sets out rules governing the operation of the Statewide Child  
            Support Registry of all child support orders in California.   
            (Welfare & Institutions Code Section 16575 et seq.)


          FISCAL EFFECT:  As currently in print this bill is keyed fiscal.










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          COMMENTS:  This bill is the Committee's annual omnibus family  
          law bill.  It makes a number of non-controversial changes to  
          family law in California, including allowing conversions of  
          subordinate judicial officer positions to judges, allowing  
          formerly incarcerated child support obligors to petition a court  
          to suspend arrears that previously accrued during a  
          now-sunsetted pilot program, and updating and making technical  
          corrections to marriage establishment, adoption, and Department  
          of Child Support Services enforcement provisions.


          Subordinate Judicial Officer Conversions:  This bill seeks to  
          improve family and juvenile law cases by ratifying the Judicial  
          Council's authority to convert 10 SJOs to judgeships in 2016-17,  
          provided the conversion of these positions will result in a  
          judge being assigned to a family or juvenile law assignment  
          previously presided over by a subordinate judicial officer.   
          This will increase the likelihood that these matters will be  
          presided over by judges and not subordinate judicial officers. 


          According to the Judicial Council, historically SJO positions  
          were created and funded at the county level to address courts'  
          needs for judicial-like resources when new judgeships were  
          pending or not yet authorized by the Legislature.  Unlike  
          judges, SJOs are not directly accountable to the public, but due  
          to the shortages of judges, are performing some of the most  
          complex and sensitive judicial duties.  Conversion of these  
          positions to judgeships when they become vacant makes them more  
          accountable to the public and, the Judicial Council contends,  
          helps provide better trust and confidence in the courts. 


          In 2007, AB 159 (Jones), Chap. 722, was enacted to address a  
          severe shortage in the number of trial court judgeships.  At  
          that time, the Judicial Council noted potentially serious  
          consequences flowing from this deficiency in judicial resources,  
          including a significant decrease in Californians' access to the  
          courts, compromised public safety, an unstable business climate,  








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          and enormous backlogs in some courts that inhibit fair, timely  
          and equitable justice.  That bill, in addition to authorizing 50  
          additional judges, authorized the conversion of 162 SJOs, upon  
          vacancy, to judgeships to utilize the judicial resources more  
          efficiently and properly limit SJOs to subordinate judicial  
          duties.  The stated findings and declarations supporting the  
          legislation included the following: 


               It is the intent of the Legislature in enacting this  
               section to restore an appropriate balance between  
               subordinate judicial officers and judges in the trial  
               courts by providing for the conversion, as needed, of  
               subordinate judicial officer positions to judgeships in  
               courts that assign subordinate judicial officers to act as  
               temporary judges.  The Legislature finds that these  
               positions must be converted to judgeships in order to  
               ensure that critical case types, including family, probate,  
               and juvenile law matters, can be heard by judges.  
               (Government Code Section 69615.) 


          In 2002 the Judicial Council identified family and juvenile law  
          matters among those that are of such a nature as to require  
          judges, rather than SJOs, to preside over them whenever  
          possible.  This Council policy has been echoed repeatedly.   
          Among its many recommendations, the Blue Ribbon Commission on  
          Children in Foster Care recommended that "[c]onsistent with  
          Judicial Council policy, judges-not subordinate judicial  
          officers-hear dependency and delinquency cases.  Pending a full  
          transition from subordinate judicial officers to judges (through  
          reassignment or conversion of subordinate judicial officer  
          positions to judgeships), presiding judges should continue the  
          assignment of well-qualified and experienced subordinate  
          judicial officers to juvenile court." 


          Recognizing the particular need for judges in family and  
          juvenile law cases, AB 2763 (Judiciary), Chap. 690, Stats. 2010,  








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          authorized the Judicial Council to convert up to an additional  
          10 SJOs to judgeships each year, if the conversion of these  
          additional positions will result in a judge being assigned to a  
          family or juvenile law assignment previously presided over by an  
          SJO. However, such authorization must be ratified by the  
          Legislature.  This was done by the Legislature in 2015-16 (AB  
          1519 (Judiciary), Chap. 416, Stats. 2015), in 2014-15 (AB 2745  
          (Judiciary), Chap. 311, Stats. 2014), in 2013-14 (AB 1403  
          (Judiciary), Chap. 510, Stats. 2013) and in 2011-12 (SB 405  
          (Corbett), Chap. 705, Stats. 2011).  This bill seeks to provide  
          the Judicial Council with that same ratification for 2016-17.   
          Judicial Council supports this portion of the bill.


          Child Support Arrears Suspension for Incarcerated Obligors -  
          Previous Program:  When noncustodial parents are incarcerated,  
          unless they seek a modification of their child support order,  
          their support obligation continues unabated, and interest  
          accrues on the unpaid debt.  According to a study of  
          California's child support caseload by the Urban Institute, only  
          about half of incarcerated child support obligors had reported  
          incomes in the two years prior to their incarceration.  (Elaine  
          Sorensen, Examining Child Support Arrears in California: The  
          Collectibility Study, Urban Institute (March 2003).)  Of those,  
          their median annual net income was just under $3,000, and their  
          median arrears were $14,564.  Researchers have discovered that  
          the build-up of uncollectible child support while an obligor is  
          incarcerated has implications not just for the obligor, but also  
          for the state and the family.  A just-released obligor, with a  
          large support debt and few employment prospects, is far more  
          likely to avoid the formal economy and, therefore, pay no child  
          support and have little or no contact with his or her children.   
          In addition, the failure to collect ongoing child support will  
          result in the state receiving less incentive funding from the  
          federal government.  Finally, recidivism rates appear to  
          increase for obligors with large child support debts.


          In an effort to address these negative impacts, the Legislature  








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          approved SB 1355 (Wright), Chap. 495, Stats. 2010, which created  
          a pilot program to suspend the obligation to pay child support,  
          for child support obligors in the state child support program,  
          for the period of time in which the obligor is incarcerated or  
          involuntarily institutionalized, unless the obligor otherwise  
          has the means to pay support.  Upon release, the obligation to  
          pay child support immediately resumes to the amount specified in  
          the child support order prior to the suspension of that  
          obligation.  


          That pilot program, which began on July 1, 2011, sunsetted on  
          July 1, 2015; and a new pilot was created beginning January 1,  
          2016 by AB 610 (Jones-Sawyer), Chap. 629, Stats. 2015.  However  
          when the new pilot was created, the old pilot was no longer in  
          the codes, so that obligors who had debt that accrued under the  
          time period, terms and conditions of the old program could no  
          longer use it to suspend their uncollectable debt.


          This bill revises the statutory reference to the expired program  
          so that child support that occurred when an obligor was  
          incarcerated during the time period of the previous pilot --  
          July 1, 2011 through July 1, 2015 -- may still be suspended  
          under the terms and conditions of the then-existing pilot.  This  
          does not in any way expand the program; it simply ensures that  
          those who had arrears accrue during the program may still  
          petition the court to suspend the arrears that accrued then,  
          provided they meet all of the requirements of that program.


          Minor Updates in Marriage Establishment Procedures:  The  
          California Association of Clerks and Elections Officials has  
          identified several marriage establishment statutes that require  
          clarification and updating, including a provision requiring that  
          spouses who want to combine last names must today either  
          hyphenate or combine their last names in a single name, and a  
          statutory reference to a health certificate that is no longer  
          required in order to get married.  This bill makes those updates  








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          and technical corrections.


          Minor Updates in Adoption Procedures:  The Academy of California  
          Adoption Lawyers has identified several adoption statutes that  
          require clarification and updating, including a statute  
          regarding venue options for petitioners who are seeking to adopt  
          children freed for adoption by the juvenile court and a statute  
          that makes it unnecessarily difficult to file a voluntary  
          relinquishment of a child with the court.  This bill makes those  
          updates and statutory improvements.


          Technical Corrections for the Department of Child Support  
          Services:  The Department of Child Support Services has  
          identified numerous child support enforcement statutes have not  
          been updated in years and contain out-of-date and inapplicable  
          references and code sections, including references to an  
          outdated automation system, organizations that no longer exist,  
          and an enhanced role for the Franchise Tax Board that no longer  
          exists.  This bill makes those updates and statutory  
          corrections.


          REGISTERED SUPPORT / OPPOSITION:




          Support




          None on file












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          Opposition


          None on file




          Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334