BILL ANALYSIS Ó SENATE JUDICIARY COMMITTEE Senator Hannah-Beth Jackson, Chair 2015-2016 Regular Session AB 2882 (Committee on Judiciary) Version: June 14, 2016 Hearing Date: June 21, 2016 Fiscal: Yes Urgency: No NR SUBJECT Judiciary omnibus: family law DESCRIPTION This bill, sponsored by the Assembly Committee on Judiciary, would make various changes to the Family Code, 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. BACKGROUND AB 1519, sponsored by the Assembly Committee on Judiciary, seeking to improve the handling of family law cases in the courts, would make a number of clarifying and/or technical changes to family law. CHANGES TO EXISTING LAW 1.Existing law provides that the Legislature shall prescribe the number of judges and provide for the officers and employees of each superior court, and that the Legislature may allow the trial courts to appoint officers such as commissioners to AB 2882 (Committee on Judiciary) Page 2 of ? perform subordinate judicial duties. (Cal. Const., art. VI, Secs. 4, 22.) Existing law authorizes the courts to appoint subordinate judicial officers, and sets forth their duties and titles. (Gov. Code Sec. 71622.) Existing law authorizes the conversion of 16 subordinate judicial officer positions in eligible superior courts to judgeships each fiscal year, as specified, and 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. (Gov. Code Secs. 69615-19.) This bill would ratify 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, and would provide that this authority is in addition to the existing authority provided to convert 16 SJOs to judges. 2.Existing law 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. (Fam. Code Sec. 306.5.) This bill would allow prospective spouses to combine their last names into a new last name that is more than one word, without the need to hyphenate. 3.Existing law provides that if a marriage license is lost or damaged before it is returned to the county recorder, a duplicate license may be issued and returned by the person who AB 2882 (Committee on Judiciary) Page 3 of ? solemnized the marriage up to one year from the issuance of the original license. (Fam. Code Sec. 360.) This bill would instead provide that a duplicate license shall be issued within one year from the marriage. 4.Existing law 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, and allows support to be administratively suspended. (Fam. Code Sec. 4007.5.) Existing law previously provided for a similar pilot support-suspension program for a four-year period from July 1, 2011 to July 1, 2015, although support had to be suspended by the court. (Fam. Code Sec. 4007.5.) This bill would allow 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. 5.Existing law allows a person seeking to adopt a dependent child who has been freed for adoption by the juvenile court to file the adoption request either in the county where that person resides or the county where the child was freed for adoption. (Fam. Code Sec. 8714.) This bill would allow 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 AB 2882 (Committee on Judiciary) Page 4 of ? resides or the county where the child was freed for adoption. 6.Existing law 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. (Welf. & Inst. Code Sec. 361.) This bill would require a private adoption agency, when accepting a child 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.Existing law 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. (Fam. Code Secs. 17306, 17400, 17458, 17506, 17508, 17522.5, 17801, 17802.) This bill would remove 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.Existing law sets forth the process, rules and funding for development of the California Child Support Automation System, which was fully implemented in November, 2008. (Welf. & Inst. Code Sec. 10080 et seq.) Existing law 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. (Welf. & Inst. Code Sec. 11475.2 et seq.) Existing law establishes rules governing the operation of the Statewide Child Support Registry of all child support orders AB 2882 (Committee on Judiciary) Page 5 of ? in California. (Welf. & Inst. Code Sec. 16575 et seq.) This bill would eliminate Welfare & Institutions provisions regarding development of the child support automation system, which has now been fully implemented. 9.This bill would make other technical and conforming changes, including updating cross references and moving provisions of the Welfare & Institutions Code relevant to the child support enforcement program to the Family Code. COMMENT 1.Incarcerated obligors and child support arrears In 1999, Governor Gray Davis signed legislation creating the Department of Child Support Services (DCSS) and enacting massive reforms of the state's child support system. (AB 196 (Kuehl, Ch. 478, Stats. 1999); SB 542 (Burton, Ch. 542, Stats.1999).) As part of the reforms, DCSS was mandated to analyze the current amount of child support arrears statewide and determine the amount that is realistically collectible. DCSS contracted with the Urban Institute to conduct this study, which published its findings and recommendations on how to improve collectibility of arrears in 2003. (The Urban Institute, Examining Child Support Arrears in California: The Collectibility Study, March 2003.) One of the study's recommendations was to suspend child support orders by operation of law while noncustodial parents are incarcerated if they have no income or assets. The study found that, although very few debtors were in state prison at any point in time, their child support situations were dismal on average. The median amount of child support orders for incarcerated debtors was $291 per month, which was only slightly lower than the median amount among all debtors. However, the reported income and assets for incarcerated debtors was substantially lower than other debtors. According to the study, approximately half of incarcerated debtors had reported incomes in the two years prior to incarceration and their median annual net income was just under $3,000. The median arrears amount was $14,564. The large amount of arrears, combined with an inability to pay, can make it more difficult for individuals to AB 2882 (Committee on Judiciary) Page 6 of ? make the successful transition from prison back into the community, thus increasing the likelihood of recidivism. SB 1355 (Wright, Ch. 495, Stats. 2010) created a pilot program to suspend the obligation to pay child support for obligors already in the state child support program, for the period of time the obligor was incarcerated. That program sunsetted on July 1, 2015, and the Legislature responded last year by enacting AB 610 (Jones-Sawyer, Ch. 629, Stats. 2015) AB 610 expanded the program to all obligors and allowed an administrative adjustment, so that incarcerated obligors need not petition the court to have arrears set aside. The provisions of AB 610 replaced those of SB 1355 in the code, thereby limiting the ability of obligors who had debt accrued between July 1, 2011 and July 1, 2015 to suspend their uncollectable debt. This bill would revise the statutory reference to the expired program so that child support that accrued during the initial pilot project may still be suspended under the terms and conditions of that pilot. 2.Conversions of available subordinate judicial officer positions to judgeships in family and juvenile court Under current law, the Legislature is responsible for prescribing the number of judges and providing for the officers and employees of each superior court. (Cal. Const., art. VI, Sec. 4.) Existing law further permits the Legislature to provide for, and the courts to appoint, subordinate judicial officers (SJOs) to assist the courts in carrying out their duties. (Id. at Sec. 22; Gov. Code Sec. 71622.) 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. However, responding to the shortage of judges available to handle the trial courts' workload, the Legislature has considered numerous bills over the last several years that established new judgeships and authorized the conversion of up to 162 existing SJOs (16 per fiscal year) to judgeships upon vacancy. Unlike judges, SJOs are not directly accountable to the public, but due to the shortages of judges, they are performing some of the most complex and sensitive judicial duties. AB 2882 (Committee on Judiciary) Page 7 of ? Recognizing the particular need for judges in family and juvenile law cases, AB 2763 (Committee on Judiciary, Ch. 690, Stats. 2010), 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 2011-2012 through SB 405 (Corbett, Ch. 705, Stats. 2011), in 2013 through AB 1403 (Committee on Judiciary, Ch. 510, Stats. 2013), in 2014 through AB 2745 (Committee on Judiciary, Ch. 311, Stats. 2014, and last year through AB 1519 (Committee on Judiciary, Ch. 416, Stats. 2015). This bill would provide the Judicial Council with that same ratification for 2015-16. 3.Technical and/or non-substantive corrections This bill makes a number of technical and/or non-substantive corrections to various codes, including the Family Code, Government Code and the Welfare & Institutions Code. a. Relating to marriage Existing law allows prospective spouses who want to combine last names to do so only by hyphenating, or by combining the two names into one. This bill would instead allow those couples to combine last names without a hyphen, and would also delete a reference to a health certificate which is no longer required in order to be married. This bill would additionally provide that, in the case of a lost or damaged marriage license, a new one shall be issued within one year from the date of marriage. Existing law allows for a new license to be issued within one year from the date the marriage license was initially issued, which is arguably not helpful in the event of a lost license. Given that most couples and officiants know the date on which a marriage took place, this bill should ensure that the timeframe under which couples need to have a new license issued is clear. b. Relating to children The Department of Child Support Services has identified numerous child support enforcement statutes that have not been updated in years and contain outdated and inapplicable references, including references to an outdated automation system, organizations that no longer exist, and an enhanced role for the AB 2882 (Committee on Judiciary) Page 8 of ? Franchise State Tax Board that no longer exists. This bill would delete those outdated provisions. This bill would also reduce the number of "voluntary relinquishment of a child" copies that must be filed with the court in an adoption proceedings from ten to five, and allow a petitioner to file for adoption in both the county where the child was freed for adoption as well as the petitioner's home county. This bill would also move the statutes authorizing the automated child support system from the Welfare and Institutions Code to the Family Code. Support : Judicial Council of California Opposition : None Known HISTORY Source : Author Related Pending Legislation : None Known Prior Legislation : AB 1519 (Committee on Judiciary, Ch. Stats. 2015) made four clarifying and/or technical changes to family law. Prior Vote : Assembly Floor (Ayes 80, Noes 0) Assembly Appropriations Committee (Ayes 20, Noes 0) Assembly Judiciary Committee (Ayes 10, Noes 0) **************