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  








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            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  







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            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  







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            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  







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            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  







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          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.   








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          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  







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          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)

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