BILL NUMBER: AB 573 CHAPTERED
BILL TEXT
CHAPTER 599
FILED WITH SECRETARY OF STATE OCTOBER 3, 1997
APPROVED BY GOVERNOR OCTOBER 1, 1997
PASSED THE ASSEMBLY SEPTEMBER 10, 1997
PASSED THE SENATE SEPTEMBER 5, 1997
AMENDED IN SENATE SEPTEMBER 4, 1997
AMENDED IN SENATE AUGUST 25, 1997
AMENDED IN SENATE JULY 23, 1997
AMENDED IN SENATE JULY 14, 1997
AMENDED IN SENATE JULY 10, 1997
AMENDED IN SENATE JUNE 30, 1997
AMENDED IN ASSEMBLY MAY 15, 1997
AMENDED IN ASSEMBLY APRIL 9, 1997
INTRODUCED BY Assembly Member Kuehl
(Coauthor: Senator McPherson)
FEBRUARY 25, 1997
An act to amend Sections 689.030, 695.221, 697.320, 704.130, and
706.030 of the Code of Civil Procedure, to amend Sections 3651,
3751.5, 3767, 4014, 4200, 4201, 4506.2, 4506.3, 5100, 5101, 5206,
5230, 5232, 5234, 5235, 5237, 5238, 5240, 5246, 5253, 7551, 7552,
7552.5, 7555, 7571, 7572, 7575, and 10005 of, to add Sections 3773,
4204, 5201, 5230.1, 5247, 7558, and 7604.5 to, to add Article 9
(commencing with Section 5600) to Chapter 8 of Division 9 of, and to
repeal Sections 3780, 3781, 3782, and 5283 of, the Family Code, to
amend Section 102425 of the Health and Safety Code, to add Section
19271.5 to the Revenue and Taxation Code, to add Section 1088.7 to
the Unemployment Insurance Code, and to amend Sections 11350.1,
11350.6, 11350.7, 11352, 11356, 11478, 11478.1, 11478.2, 11478.5,
11478.51, 11478.8, 11489, and 14008.6 of, and to add Sections
11475.15, 11478.9, and 14008.7 to, the Welfare and Institutions Code,
relating to child support.
LEGISLATIVE COUNSEL'S DIGEST
AB 573, Kuehl. Child support: Franchise Tax Board: collection.
Existing law requires the district attorney to establish, modify,
and enforce child support when the child is receiving public
assistance, and when appropriate, to take the same actions on behalf
of a child who is not receiving public assistance. Under existing
law, the district attorney may refer child support delinquencies to
the Franchise Tax Board for collection.
This bill would, additionally, authorize the district attorney to
refer child support obligations to the Franchise Tax Board for
collection, as specified.
The bill also would require the Employment Development Department
to prepare and submit a study to the Governor and the Legislature
that identifies possible methods for establishing a state mechanism
for the reporting of the income of service providers for the purpose
of collecting delinquent child support, as specified.
The bill would make related changes.
Existing law establishes procedures for the determination of
paternity and for the enforcement of parental financial obligations.
This bill would revise those procedures.
This bill would provide that it shall become operative only if AB
1395 and SB 247 of the 1997-98 Regular Session are enacted and become
effective on or before January 1, 1998.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 689.030 of the Code of Civil Procedure is
amended to read:
689.030. (a) Whenever the district attorney, pursuant to Section
11350.7 of the Welfare and Institutions Code, levies upon property
pursuant to a warrant or notice of levy for the collection of a
support obligation:
(1) If the debtor is a natural person, the debtor is entitled to
the same exemptions to which a judgment debtor is entitled. Except
as provided in subdivisions (b) and (c), the claim of exemption shall
be made, heard, and determined as provided in Chapter 4 (commencing
with Section 703.010) of Division 2 in the same manner as if the
property were levied upon under a writ of execution.
(2) A third person may claim ownership or the right to possession
of the property or a security interest in or lien on the property.
Except as provided in subdivisions (b) and (c) or as otherwise
provided by statute, the third-party claim shall be made, heard, and
determined as provided in Division 4 (commencing with Section
720.010) in the same manner as if the property were levied upon under
a writ of execution.
(b) In the case of a warrant or notice of levy issued pursuant to
Section 11350.7 of the Welfare and Institutions Code, the claim of
exemption or the third-party claim shall be filed with the district
attorney who issued the warrant or notice of levy.
(c) A claim of exemption or a third-party claim pursuant to this
section shall be heard and determined in the court specified in
Section 689.010 in the county where the district attorney enforcing
the support obligation is located.
SEC. 2. Section 695.221 of the Code of Civil Procedure is amended
to read:
695.221. Satisfaction of a money judgment for support shall be
credited as follows:
(a) The money shall first be credited against the current month's
support.
(b) Any remaining money is next to be credited against the accrued
interest that remains unsatisfied.
(c) Any remaining money shall be credited against the principal
amount of the judgment remaining unsatisfied. If the judgment is
payable in installments, the remaining money shall be credited
against the matured installments in the order in which they matured.
(d) In cases enforced pursuant to Part D (commencing with Section
651) of Subchapter 4 of Chapter 7 of Title 42 of the United States
Code, if a lump-sum payment is collected from a support obligor who
has money judgments for support owing to more than one family, after
the implementation of the Statewide Automated Child Support System,
or its replacement, and the interface system between the Statewide
Automated Child Support Enforcement System, or its replacement, and
the Los Angeles County Automated Child Support Enforcement System
(ACSES Replacement System), all support collected shall be
distributed pursuant to guidelines developed by the State Department
of Social Services.
(e) Notwithstanding subdivisions (a), (b), and (c), a collection
received as a result of a federal tax refund offset shall first be
credited against the interest and then the principal amount of past
due support that has been assigned to the state pursuant to Section
11477 of the Welfare and Institutions Code and federal law prior to
the interest and then principal amount of any other past due support
remaining unsatisfied.
(f) If federal law does not permit states to adopt the same order
of distribution for the pre- and post-assistance child support
arrears effective October 1, 1998, the following shall be the order
of distribution of child support collections through September 30,
2000, except for federal tax refund offset collections, for child
support received for families and children who are former recipients
of Aid to Families with Dependent Children (AFDC) program benefits or
former recipients of Temporary Assistance for Needy Families (TANF)
program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children since
leaving the AFDC program or the TANF program and then such
arrearages.
(3) Any remaining money shall next be credited against interest
that accrued on arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF program
and then such arrearages.
(4) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children prior to
receiving benefits from the AFDC program or the TANF program and then
such arrearages.
(g) If federal law does permit states to adopt the same order of
distribution for the pre- and post-assistance child support arrears
effective October 1, 1998, or effective October 1, 2000, whichever
comes first, the following shall be the order of distribution of
child support collections, except for federal tax refund offset
collections, for child support received for families and children who
are former recipients of AFDC program benefits or former recipients
of TANF program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children since
leaving the AFDC program or the TANF program and then such
arrearages.
(3) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children prior to
receiving benefits from the AFDC program or the TANF program and then
such arrearages.
(4) Any remaining money shall next be credited against interest
that accrued on arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF program
and then such arrearages.
SEC. 3. Section 697.320 of the Code of Civil Procedure is amended
to read:
697.320. (a) A judgment lien on real property is created under
this section by recording an abstract, an interstate lien form
promulgated by the federal Secretary of Health and Human Services
pursuant to Section 652(a)(11) of Title 42 of the United States Code,
or a certified copy of either of the following money judgments with
the county recorder:
(1) A judgment for child, family, or spousal support payable in
installments.
(2) A judgment entered pursuant to Section 667.7 (judgment against
health care provider requiring periodic payments).
(b) Unless the money judgment is satisfied or the judgment lien is
released, a judgment lien created under paragraph (1) of subdivision
(a) or by recording an interstate lien form, as described in
subdivision (a), continues during the period the judgment remains
enforceable. Unless the money judgment is satisfied or the judgment
lien is released, a judgment lien created under paragraph (2) of
subdivision (a) continues for a period of 10 years from the date of
its creation. The duration of a judgment lien created under
paragraph (2) of subdivision (a) may be extended any number of times
by recording during the time the judgment lien is in existence a
certified copy of the judgment in the manner provided in this section
for the initial recording; this rerecording has the effect of
extending the duration of the judgment lien created under paragraph
(2) of subdivision (a) until 10 years from the date of the
rerecording.
SEC. 4. Section 704.130 of the Code of Civil Procedure is amended
to read:
704.130. (a) Before payment, benefits from a disability or health
insurance policy or program are exempt without making a claim.
After payment, the benefits are exempt.
(b) Subdivision (a) does not apply to benefits that are paid or
payable to cover the cost of health care if the judgment creditor is
a provider of health care whose claim is the basis on which the
benefits are paid or payable.
(c) During the payment of disability benefits described in
subdivision (a) to a judgment debtor under a support judgment, the
judgment creditor or district attorney may seek to apply the benefit
payments to satisfy the judgment by an earnings assignment order for
support, as defined in Section 706.011, or any other applicable
enforcement procedure, but the amount to be withheld pursuant to the
earnings assignment order or other procedure shall not exceed the
amount permitted to be withheld on an earnings assignment order for
support under Section 706.052.
SEC. 5. Section 706.030 of the Code of Civil Procedure is amended
to read:
706.030. (a) A "withholding order for support" is an earnings
withholding order issued on a writ of execution to collect delinquent
amounts payable under a judgment for the support of a child, or
spouse or former spouse, of the judgment debtor. A withholding order
for support shall be denoted as such on its face.
(b) The district attorney may issue a withholding order for
support on a notice of levy pursuant to Section 11350.7 of the
Welfare and Institutions Code to collect a support obligation.
(1) When the district attorney issues a withholding order for
support, a reference in this chapter to a levying officer is deemed
to mean the district attorney who issues the withholding order for
support.
(2) Service of a withholding order for support issued by the
district attorney may be made by first-class mail or in any other
manner described in Section 706.101. Service of a withholding order
for support issued by the district attorney is complete when it is
received by the employer or a person described in paragraph (1) or
(2) of subdivision (a) of Section 706.101, or if service is by
first-class mail, service is complete as specified in Section 1013.
(3) The district attorney shall serve upon the employer the
withholding order for support, a copy of the order, and a notice
informing the support obligor of the effect of the order and of his
or her right to hearings and remedies provided in this chapter and in
the Welfare and Institutions Code. The notice shall be accompanied
by the forms necessary to obtain an administrative review and a
judicial hearing and instructions on how to file the forms. Within
10 days from the date of service, the employer shall deliver to the
support obligor a copy of the withholding order for support, the
forms to obtain an administrative review and judicial hearing, and
the notice. If the support obligor is no longer employed by the
employer and the employer does not owe the support obligor any
earnings, the employer shall inform the district attorney that the
support obligor is no longer employed by the employer.
(4) An employer who fails to comply with paragraph (3) shall be
subject to a civil penalty of five hundred dollars ($500) for each
occurrence.
(5) The district attorney shall provide for an administrative
review to reconsider or modify the amount to be withheld for
arrearages pursuant to the withholding order for support, if the
support obligor requests a review at any time after service of the
withholding order. The review shall be completed within 15 working
days after the request is received by the district attorney. The
district attorney shall notify the employer if the review results in
any modifications to the withholding order for support. If the
district attorney cannot complete the administrative review within 15
working days, the district attorney shall notify the employer to
suspend withholding any disputed amount pending the completion of the
review and the determination by the district attorney.
(6) Nothing in this section prohibits the support obligor from
seeking a judicial determination of arrearages pursuant to
subdivision (c) of Section 11350.8 of the Welfare and Institutions
Code or from filing a motion for equitable division of earnings
pursuant to Section 706.052 either prior to or after the
administrative review provided by this section. Within five business
days after receiving notice of the obligor having filed for judicial
relief pursuant to this section, the district attorney shall notify
the employer to suspend withholding any disputed amount pending a
determination by the court. The employer shall then adjust the
withholding within not more than nine days of receiving the notice
from the district attorney.
(c) Notwithstanding any other provision of this chapter:
(1) An employer shall continue to withhold pursuant to a
withholding order for support until the earliest of the dates
specified in paragraph (1), (2), or (3) of subdivision (a) of Section
706.022, except that a withholding order for support shall
automatically terminate one year after the employment of the employee
by the employer terminates.
(2) A withholding order for support has priority over any other
earnings withholding order. An employer upon whom a withholding
order for support is served shall withhold and pay over earnings of
the employee pursuant to such order notwithstanding the requirements
of another earnings withholding order.
(3) Subject to paragraph (2) and to Article 3 (commencing with
Section 706.050), an employer shall withhold earnings pursuant to
both a withholding order for support and another earnings withholding
order simultaneously.
(4) An employer who willfully fails to withhold and forward
support pursuant to a valid earnings withholding order for support
issued and served upon the employer pursuant to this chapter is
liable to the support obligee, as defined in Section 5214 of the
Family Code, for the amount of support not withheld, forwarded, or
otherwise paid to the support obligee.
(5) Notwithstanding any other provision of law, an employer shall
send all earnings withheld pursuant to a withholding order for
support to the levying officer or the Child Support Centralized
Collection and Distribution Unit as described in Section 11475.4 of
the Welfare and Institutions Code within the time period specified by
federal law.
(6) Once the Child Support Centralized Collection and Distribution
Unit as described in Section 11475.4 of the Welfare and Institutions
Code is operational, all support payments made pursuant to an
earnings withholding order shall be made to that unit.
(7) Earnings withheld pursuant to an earnings withholding order
for support shall be credited toward satisfaction of a support
judgment as specified in Section 695.221.
SEC. 6. Section 3651 of the Family Code is amended to read:
3651. (a) Except as provided in subdivisions (c) and (d) and
subject to Article 3 (commencing with Section 3680) and Sections
3552, 3587, and 4004, a support order may be modified or terminated
at any time as the court determines to be necessary.
(b) Upon the filing of a supplemental complaint pursuant to
Section 2330.1, a child support order in the original proceeding may
be modified in conformity with the statewide uniform guideline for
child support to provide for the support of all of the children of
the same parents who were named in the initial and supplemental
pleadings, to consolidate arrearages and wage assignments for
children of the parties, and to consolidate orders for support.
(c) Except as provided in subdivision (b), a support order may not
be modified or terminated as to an amount that accrued before the
date of the filing of the notice of motion or order to show cause to
modify or terminate.
(d) An order for spousal support may not be modified or terminated
to the extent that a written agreement, or, if there is no written
agreement, an oral agreement entered into in open court between the
parties, specifically provides that the spousal support is not
subject to modification or termination.
(e) This section applies whether or not the support order is based
upon an agreement between the parties.
(f) This section is effective only with respect to a property
settlement agreement entered into on or after January 1, 1970, and
does not affect an agreement entered into before January 1, 1970, as
to which Chapter 1308 of the Statutes of 1967 shall apply.
SEC. 7. Section 3751.5 of the Family Code is amended to read:
3751.5. (a) Notwithstanding any other provision of law, an
employer or insurer shall not deny enrollment of a child under the
health insurance coverage of a child's parent on any of the following
grounds:
(1) The child was born out of wedlock.
(2) The child is not claimed as a dependent on the parent's
federal income tax return.
(3) The child does not reside with the parent or in the insurer's
service area.
(b) Notwithstanding any other provision of law, in any case in
which a parent is required by a court or administrative order to
provide health insurance coverage for a child and the parent is
eligible for family health coverage through an employer or an
insurer, the employer or insurer shall do all of the following, as
applicable:
(1) Permit the parent to enroll under health insurance coverage
any child who is otherwise eligible to enroll for that coverage,
without regard to any enrollment period restrictions.
(2) If the parent is enrolled in health insurance coverage but
fails to apply to obtain coverage of the child, enroll that child
under the health coverage upon presentation of the court order or
request by the district attorney, the other parent or person having
custody of the child, or the Medi-Cal program.
(3) The employer or insurer shall not disenroll or eliminate
coverage of a child unless either of the following applies:
(A) The employer has eliminated family health insurance coverage
for all of the employer's employees.
(B) The employer or insurer is provided with satisfactory written
evidence that either of the following apply:
(i) The court order or administrative order is no longer in effect
or is terminated pursuant to Section 3770.
(ii) The child is or will be enrolled in comparable health
insurance coverage through another insurer that will take effect not
later than the effective date of the child's disenrollment.
(c) In any case in which health insurance coverage is provided for
a child pursuant to a court or administrative order, the insurer
shall do all of the following:
(1) Provide any information that may be necessary for the child to
obtain benefits through the coverage to both parents or the person
having custody of the child and to the district attorney when
requested by the district attorney.
(2) Permit the noncovered parent or person having custody of the
child, or a provider with the approval of the noncovered parent or
person having custody, to submit claims for covered services without
the approval of the covered parent.
(3) Make payment on claims submitted in accordance with
subparagraph (2) directly to the noncovered parent or person having
custody, the provider, or to the Medi-Cal program. Payment on claims
for services to the child shall be made to the covered parent for
claims submitted or paid by the covered parent.
(d) For purposes of this section, "insurer" includes every health
care service plan, self-insured welfare benefit plan, including those
regulated pursuant to the Employee Retirement Income Security Act of
1974 (29 U.S.C. Sec. 1001, et seq.), self-funded employer plan,
disability insurer, nonprofit hospital service plan, labor union
trust fund, employer, and any other similar plan, insurer, or entity
offering a health coverage plan.
(e) For purposes of this section, "person having custody of the
child" is defined as a legal guardian, a caregiver who is authorized
to enroll the child in school or to authorize medical care for the
child pursuant to Section 6550, or a person with whom the child
resides.
(f) For purposes of this section, "employer" has the meaning
provided in Section 5210.
SEC. 8. Section 3767 of the Family Code is amended to read:
3767. The employer or other person providing health insurance
shall do all of the following:
(a) Notify the applicant for the assignment order or notice of
assignment of the commencement date of the coverage of the child.
(b) Provide evidence of coverage and any information necessary for
the child to obtain benefits through the coverage to both parents or
the person having custody of the child and to the district attorney
when requested by the district attorney.
(c) Upon request by the parents or person having custody of the
child, provide all forms and other documentation necessary for the
purpose of submitting claims to the insurance carrier which the
employer or other person providing health insurance usually provides
to insureds.
SEC. 9. Section 3773 is added to the Family Code, to read:
3773. (a) This section applies only to Title IV-D cases where
support enforcement services are being provided by the district
attorney pursuant to Section 11475.1 of the Welfare and Institutions
Code.
(b) After the court has issued a health insurance coverage
assignment order pursuant to this article, the district attorney may
serve on the employer a notice of health insurance coverage
assignment in lieu of the health insurance coverage assignment order.
The notice of health insurance coverage assignment may be combined
with the notice of earnings assignment that is authorized by Section
5246.
(c) A notice of health insurance coverage assignment shall have
the same force and effect as a health insurance coverage assignment
order.
(d) The obligor shall have the same right to move to quash or
terminate a notice of health insurance coverage assignment as
provided in this article for a health insurance coverage assignment
order.
(e) The notice of health insurance assignment form shall contain
the same information as the forms adopted by Judicial Council
pursuant to Section 3772.
SEC. 10. Section 3780 of the Family Code is repealed.
SEC. 11. Section 3781 of the Family Code is repealed.
SEC. 12. Section 3782 of the Family Code is repealed.
SEC. 13. 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) 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) Once the child support registry, as described in Section 16576
of the Welfare and Institutions Code 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. These forms shall be available no later than July 1, 1998.
SEC. 14. Section 4200 of the Family Code is amended to read:
4200. In any proceeding where a court makes or has made an order
requiring the payment of child support to a parent receiving welfare
moneys for the maintenance of children for whom support may be
ordered, the court shall do both of the following:
(a) Direct that the payments of support shall be made to the
county officer designated by the court for that purpose. Once the
Child Support Centralized Collection and Distribution Unit is
implemented pursuant to Section 11475.4 of the Welfare and
Institutions Code, all payments shall be directed to the Child
Support Centralized Collection and Distribution Unit instead of the
county officer designated by the court.
(b) Direct the district attorney to appear on behalf of the
welfare recipient in any proceeding to enforce the order.
SEC. 15. Section 4201 of the Family Code is amended to read:
4201. In any proceeding where a court makes or has made an order
requiring the payment of child support to the person having custody
of a child for whom support may be ordered, the court may do either
or both of the following:
(a) Direct that the payments shall be made to the county officer
designated by the court for that purpose. Once the Child Support
Centralized Collection and Distribution Unit is implemented pursuant
to Section 11475.4 of the Welfare and Institutions Code, all payments
shall be directed to the Child Support Centralized Collection and
Distribution Unit instead of the county officer designated by the
court.
(b) Direct the district attorney to appear on behalf of the minor
children in any proceeding to enforce the order.
SEC. 16. Section 4204 is added to the Family Code, to read:
4204. Notwithstanding any other provision of law, in any
proceeding where the court has made an order requiring the payment of
child support to a person having custody of a child and the child
support is subsequently assigned to the county pursuant to Section
11477 of the Welfare and Institutions Code or the person having
custody has requested the district attorney to provide child support
enforcement services pursuant to Section 11475.1 of the Welfare and
Institutions Code, the district attorney may issue a notice directing
that the payments shall be made to the district attorney, another
county office, or the Child Support Centralized Collection
Distribution Unit pursuant to Section 11475.4 of the Welfare and
Institutions Code. The notice shall be served on both the support
obligor and obligee in compliance with Section 1013 of the Code of
Civil Procedure. The district attorney shall file the notice in the
action in which the support order was issued.
SEC. 17. Section 4506.2 of the Family Code
is amended to read:
4506.2. (a) Notwithstanding any other provision of law, when a
support obligation is being enforced pursuant to Title IV-D of the
Social Security Act, the agency enforcing the obligation may file and
record a substitution of payee, if a judgment or abstract of
judgment has previously been recorded pursuant to Section 697.320 of
the Code of Civil Procedure by the support obligee or by a different
governmental agency.
(b) Notwithstanding any other provision of law, when the Title
IV-D agency ceases enforcement of a support obligation at the request
of the support obligee, the agency may file and record a
substitution of payee, if a judgment or abstract of judgment has been
previously recorded pursuant to Section 697.320 of the Code of Civil
Procedure.
(c) The substitution of payee shall contain all of the following:
(1) The name and address of the governmental agency or substituted
payee filing the substitution and a notice that the substituted
payee is to be contacted when notice to a lienholder may or must be
given.
(2) The title of the court, the cause, and number of the
proceeding where the substituted payee has registered the judgment.
(3) The name and last known address of the party ordered to pay
support.
(4) The recorder identification number or book and page of the
recorded document to which the substitution of payee applies.
(5) Any other information deemed reasonable and appropriate by the
Judicial Council.
(d) The recorded substitution of payee shall not affect the
priorities created by earlier recordations of support judgments or
abstracts of support judgments.
(e) An agency enforcing the support obligation pursuant to Title
IV-D of the Social Security Act is not required to obtain prior court
approval or a clerk's certification when filing and recording a
substitution of payee under this section.
SEC. 18. Section 4506.3 of the Family Code is amended to read:
4506.3. The Judicial Council, in consultation with the California
Family Support Council, the State Department of Social Services, and
title insurance industry representatives, shall develop a single
form, which conforms with the requirements of Section 27361.6 of the
Government Code, for the substitution of payee, for notice directing
payment of support to the district attorney pursuant to Section 4204,
and for notice that support has been assigned pursuant to Section
11477 of the Welfare and Institutions Code. The form shall be
available no later than July 1, 1998.
SEC. 19. Section 5100 of the Family Code is amended to read:
5100. Notwithstanding Section 291, a child or family support
order may be enforced by a writ of execution or a notice of levy
pursuant to Section 706.030 of the Code of Civil Procedure or Section
11350.7 of the Welfare and Institutions Code without prior court
approval as long as the support order remains enforceable.
SEC. 20. Section 5101 of the Family Code is amended to read:
5101. Notwithstanding Section 291, a spousal support order may be
enforced by a writ of execution or a notice of levy pursuant to
Section 706.030 of the Code of Civil Procedure or Section 11350.7 of
the Welfare and Institutions Code without prior court approval as
long as the support order remains enforceable.
SEC. 21. Section 5201 is added to the Family Code, to read:
5201. "Arrearage" or "arrearages" is the amount necessary to
satisfy a support judgment or order pursuant to Section 695.210 of
the Code of Civil Procedure.
SEC. 22. Section 5206 of the Family Code is amended to read:
5206. "Earnings," to the extent that they are subject to an
earnings assignment order for support under Chapter 4 (commencing
with Section 703.010) of Division 2 of Title 9 of Part 2 of the Code
of Civil Procedure, include:
(a) Wages, salary, bonus, money, and benefits described in
Sections 704.110, 704.113, and 704.115 of the Code of Civil
Procedure.
(b) Payments due for services of independent contractors,
interest, dividends, rents, royalties, residuals, patent rights, or
mineral or other natural resource rights.
(c) Payments or credits due or becoming due as a result of written
or oral contracts for services or sales whether denominated as
wages, salary, commission, bonus, or otherwise.
(d) Payments due for workers' compensation temporary disability
benefits.
(e) Payments due as a result of disability from benefits described
in Section 704.130 of the Code of Civil Procedure.
(f) Any other payments or credits due or becoming due, regardless
of source.
SEC. 23. Section 5230 of the Family Code is amended to read:
5230. When the court orders a party to pay an amount for support
or orders a modification of the amount of support to be paid, the
court shall include in its order an earnings assignment order for
support that orders the employer of the obligor to pay to the obligee
that portion of the obligor's earnings due or to become due in the
future as will be sufficient to pay an amount to cover both of the
following:
(a) The amount ordered by the court for support.
(b) An amount which shall be ordered by the court to be paid
toward the liquidation of any arrearage.
SEC. 24. Section 5230.1 is added to the Family Code, to read:
5230.1. (a) An earnings assignment or income withholding order
for support issued by a court or administrative agency of another
state is binding upon an employer of the obligor to the same extent
as an earnings assignment order made by a court of this state.
(b) When an employer receives an earnings assignment order or an
income withholding order for support from a court or administrative
agency in another state, all of the provisions of this chapter shall
apply.
SEC. 25. Section 5232 of the Family Code is amended to read:
5232. Service on an employer of an assignment order may be made
by first-class mail in the manner prescribed in Section 1013 of the
Code of Civil Procedure. The obligee shall serve the documents
specified in Section 5234.
SEC. 26. Section 5234 of the Family Code is amended to read:
5234. Within 10 days of service of an assignment order on an
employer, the employer shall deliver both of the following to the
obligor:
(a) A copy of the assignment order.
(b) A written statement of the obligor's rights under the law to
seek to quash, modify, or stay service of the earnings assignment
order, together with a blank form that the obligor can file with the
court to request a hearing to quash, modify, or stay service of the
earnings assignment order with instructions on how to file the form
and obtain a hearing date.
(c) The Judicial Council shall develop the forms specified in
subdivision (b). The forms shall be available no later than July 1,
1998.
SEC. 27. Section 5235 of the Family Code is amended to read:
5235. (a) The employer shall continue to withhold and forward
support as required by the assignment order until served with notice
terminating the assignment order.
(b) Within 10 days of service of a substitution of payee on the
employer, the employer shall forward all subsequent support to the
governmental entity or other payee that sent the substitution.
(c) The employer shall send the amounts withheld to the obligee
within the timeframe specified in federal law and shall report to the
obligee the date on which the amount was withheld from the obligor's
wages.
(d) The employer may deduct from the earnings of the employee the
sum of one dollar ($1) for each payment made pursuant to the order.
(e) Once the Child Support Centralized Collection and Distribution
Unit as required by Section 11475.4 of the Welfare and Institutions
Code is operational, the employer shall send all earnings withheld
pursuant to this chapter to the Child Support Centralized Collection
and Distribution Unit instead of the obligee.
SEC. 28. Section 5237 of the Family Code is amended to read:
5237. (a) Except as provided in subdivisions (b) and (c), the
obligee shall notify the employer of the obligor, by first-class
mail, postage prepaid, of any change of address within a reasonable
period of time after the change.
(b) Where payments have been ordered to be made to a county
officer designated by the court, the obligee who is the parent,
guardian, or other person entitled to receive payment through the
designated county officer shall notify the designated county officer
by first-class mail, postage prepaid, of any address change within a
reasonable period of time after the change.
(c) If the obligee is receiving support payments from the Child
Support Centralized Collection and Distribution Unit as required by
Section 11475.4 of the Welfare and Institutions Code, the obligee
shall notify the Child Support Centralized Collection and
Distribution Unit instead of the employer of the obligor as provided
in subdivision (a).
(d) If the employer, designated county officer, or the Child
Support Centralized Collection and Distribution Unit is unable to
deliver payments under the assignment order for a period of six
months due to the failure of the obligee to notify the employer or
designated county officer of a change of address, the employer or
designated county officer shall not make any further payments under
the assignment order and shall return all undeliverable payments to
the obligor.
SEC. 29. Section 5238 of the Family Code is amended to read:
5238. (a) Where an assignment order or assignment orders include
both current support and payments towards the liquidation of
arrearages, priority shall be given first to the current child
support obligation, then the current spousal support obligation, and
thereafter to the liquidation of child and then spousal support
arrearages.
(b) Where there are multiple assignment orders for the same
employee, the employer shall prorate the withheld payments as
follows:
(1) If the obligor has more than one assignment for support, the
employer shall add together the amount of support due for each
assignment.
(2) If 50 percent of the obligor's net disposable earnings will
not pay in full all of the assignments for support, the employer
shall prorate it first among all of the current support assignments
in the same proportion that each assignment bears to the total
current support owed.
(3) The employer shall apply any remainder to the assignments for
arrearage support in the same proportion that each assignment bears
to the total arrearage owed.
SEC. 30. Section 5240 of the Family Code is amended to read:
5240. Upon the filing and service of a motion and a notice of
motion by the obligor, the court shall terminate the service of an
assignment order if past due support has been paid in full, including
any interest due, and if any of the following conditions exist:
(a) With regard to orders for spousal support, the death or
remarriage of the spouse to whom support is owed.
(b) With regard to orders for child support, the death or
emancipation of the child for whom support is owed.
(c) The court determines that there is good cause, as defined in
Section 5260, to terminate the assignment order. This subdivision
does not apply if there has been more than one application for an
assignment order.
(d) The obligor meets the conditions of an alternative arrangement
specified in paragraph (2) of subdivision (b) of Section 5260, and a
wage assignment has not been previously terminated and subsequently
initiated.
(e) There is no longer a current order for support.
(f) The termination of the stay of an assignment order under
Section 5261 was improper, but only if that termination was based
upon the obligor's failure to make timely support payments as
described in subdivision (b) of Section 5261.
(g) The employer or agency designated to provide services under
Title IV-D of the Social Security Act or the Child Support
Centralized Collection and Distribution Unit is unable to deliver
payment for a period of six months due to the failure of the obligee
to notify that employer or agency or the Child Support Centralized
Collection and Distribution Unit of a change in the obligee's
address.
SEC. 31. Section 5246 of the Family Code is amended to read:
5246. (a) This section applies only to Title IV-D cases where
support enforcement services are being provided by the district
attorney pursuant to Section 11475.1 of the Welfare and Institutions
Code.
(b) In lieu of an earnings assignment order, the district attorney
may serve on the employer a notice of assignment in the manner
specified in Section 5232. A notice of assignment shall have the
same force and effect as an earnings assignment order.
(c) The notice of assignment shall contain, at a minimum, the
following information:
(1) The amount of current support ordered by the court.
(2) Any additional amount to be withheld and applied to
arrearages.
(3) The date of the most recent support order.
(4) The name and address of the district attorney to whom the
support is to be paid or the Child Support Centralized Collection and
Distribution Unit.
(5) The amount of arrearages and the date through which the
arrearages have been calculated, and a statement as to whether or not
the arrearages include interest.
(6) Instructions to the employer on how to comply with the notice
of assignment.
(7) A written statement of the obligor's rights under the law to
seek to quash or modify the notice of assignment, together with a
blank form which the obligor can file with the court to request a
hearing to modify or quash the assignment with instructions on how to
file the form and obtain a hearing date.
(d) If the underlying court order for support does not provide for
an arrearage payment, or if an additional arrearage accrues after
the date of the court order for support, the district attorney may
send a notice of assignment directly to the employer which specifies
the updated arrearage amount and directs the employer to withhold an
additional amount not to exceed 3 percent of the arrearage or fifty
dollars ($50), whichever is greater, to be applied towards
liquidation of the arrearages.
(e) Within 10 days of service of the notice of assignment, the
employer shall deliver both of the following to the obligor:
(1) A copy of the notice of assignment.
(2) The form to request a hearing described in paragraph (7) of
subdivision (c).
(f) If the obligor requests a hearing, a hearing date shall be
scheduled within 20 days of the filing of the request with the court.
The clerk of the court shall provide notice of the hearing to the
district attorney and the obligor no later than 10 days prior to the
hearing.
(1) If at the hearing the obligor establishes that he or she is
not the obligor or good cause or an alternative arrangement as
provided in Section 5260, the court may order that service of the
notice of assignment be quashed. If the court quashes service of the
notice of assignment, the district attorney shall notify the
employer within 10 days.
(2) If the obligor contends at the hearing that the payment of
arrearages at the rate specified in this section is excessive or that
the total arrearages owing is incorrect, and if it is determined
that payment of the arrearages at the rate specified in this section
creates an undue hardship upon the obligor or that the withholding
would exceed the maximum amount permitted by Section 1673(b) of Title
15 of the United States Code Annotated, the rate at which the
arrearages must be paid shall be reduced to a rate that is fair and
reasonable considering the circumstances of the parties and the best
interest of the child. If it is determined at a hearing that the
total amount of arrearages calculated is erroneous, the court shall
modify the amount calculated to the correct amount. If the court
modifies the total amount of arrearages owed or reduces the monthly
payment due on the arrearages, the district attorney shall serve the
employer with an amended notice of assignment within 10 days.
(g) If an obligor's current support obligation has terminated by
operation of law, the district attorney may serve a notice of
assignment on the employer which directs the employer to continue
withholding from the obligor's earnings an amount not to exceed the
current support order that was in effect or 3 percent of the total
support arrearages including interest, whichever is greater, until
such time that the employer is notified by the district attorney that
the arrearages have been paid in full. The employer shall provide
the obligor with the same documents as provided in subdivision (e).
The obligor shall be entitled to the same rights to a hearing as
specified in subdivision (f).
(h) The district attorney shall retain a copy of the notice of
assignment and shall file a copy with the court whenever a hearing
concerning the notice of assignment is requested.
(i) Nothing in this section prohibits the district attorney from
seeking a payment on arrearages which is greater than the amount
specified in this section. The district attorney may seek a higher
payment on arrearages by filing an ex parte application with the
court.
(j) The district attorney may transmit a notice of earnings
assignment and other forms required by this section to the employer
through electronic means.
SEC. 32. Section 5247 is added to the Family Code, to read:
5247. Neither the district attorney nor an employer shall be
subject to any civil liability for any amount withheld and paid to
the obligee, the district attorney, or the Child Support Centralized
Collection and Distribution Unit pursuant to an earnings assignment
order or notice of assignment.
SEC. 33. Section 5253 of the Family Code is amended to read:
5253. Upon receipt of the application, the court shall issue,
without notice to the obligor, an assignment order requiring the
employer of the obligor to pay to the obligee or the Child Support
Centralized Collection and Distribution Unit that portion of the
earnings of the obligor due or to become due in the future as will be
sufficient to pay an amount to cover both of the following:
(a) The amount ordered by the court for support.
(b) An amount which shall be ordered by the court to be paid
toward the liquidation of any arrearage or past due support amount.
SEC. 34. Section 5283 of the Family Code is repealed.
SEC. 35. Article 9 (commencing with Section 5600) is added to
Chapter 8 of Division 9 of the Family Code, to read:
Article 9. Intercounty Support Obligations
5600. (a) A district attorney or obligee may register an order
for support or earnings withholding, or both, obtained in another
county of the state.
(b) An obligee may register a support order in the court of
another county of this state in the manner, with the effect, and for
the purposes provided in this part. The orders may be registered in
any county in which the obligor, the obligee, or the child who is the
subject of the order resides, or in any county in which the obligor
has income, assets, or any other property.
5601. (a) When the district attorney is responsible for the
enforcement of a support order pursuant to Section 11475.1 of the
Welfare and Institutions Code, the district attorney may register a
support order made in another county by utilizing the procedures set
forth in Section 5602 or by filing all of the following in the
superior court of his or her county:
(1) An endorsed file copy of the most recent support order or a
copy thereof.
(2) A statement of arrearages, including an accounting of amounts
ordered and paid each month, together with any added costs, fees, and
interest.
(3) A statement prepared by the district attorney showing the post
office address of the district attorney, the last known place of
residence or post office address of the obligor; the most recent
address of the obligor set forth in the licensing records of the
Department of Motor Vehicles, if known; and a list of other states
and counties in California that are known to the district attorney in
which the original order of support and any modifications are
registered.
(b) The filing of the documents described in subdivision (a)
constitutes registration under this chapter.
(c) Promptly upon registration, the district attorney shall, in
compliance with the requirements of Section 1013 of the Code of Civil
Procedure, or in any other manner as provided by law, serve the
obligor with copies of the documents described in subdivision (a).
(d) If a motion to vacate registration is filed under Section
5603, any party may introduce into evidence copies of any pleadings,
documents, or orders that have been filed in the original court or
other courts where the support order has been registered or modified.
Certified copies of the documents shall not be required unless a
party objects to the authenticity or accuracy of the document in
which case it shall be the responsibility of the party who is
asserting the authenticity of the document to obtain a certified copy
of the questioned document.
(e) Upon registration, the clerk of the court shall forward a
notice of registration to the courts in other counties and states in
which the original order for support and any modifications were
issued or registered. No further proceedings regarding the obligor's
support obligations shall be filed in other counties.
(f) The procedure prescribed by this section may also be used to
register support or wage and earnings assignment orders of other
California jurisdictions that previously have been registered for
purposes of enforcement only pursuant to the Uniform Reciprocal
Enforcement of Support Act (Chapter 6 (commencing with Section 4800))
in another California county. The district attorney may register
such an order by filing an endorsed file copy of the registered
California order plus any subsequent orders, including procedural
amendments.
(g) The Judicial Council shall develop the forms necessary to
effectuate this section. These forms shall be available no later
than July 1, 1998.
5602. (a) An obligee other than the district attorney may
register an order issued in this state using the same procedures
specified in subdivision (a) of Section 5601, except that the obligee
shall prepare and file the statement of registration. The statement
shall be verified and signed by the obligee showing the mailing
address of the obligee, the last known place of residence or mailing
address of the obligor, and a list of other states and counties in
California in which, to the obligee's knowledge, the original order
of support and any modifications are registered.
(b) Upon receipt of the documents described in subdivision (a) of
Section 5601, the clerk of the court shall file them without payment
of a filing fee or other cost to the obligee. The filing constitutes
registration under this chapter.
(c) Promptly upon registration, the clerk of the court shall send,
by any form of mail requiring a return receipt from the addressee
only, to the obligor at the address given a notice of the
registration with a copy of the registered support order and the post
office address of the obligee. Proof shall be made to the
satisfaction of the court that the obligor personally received the
notice of registration by mail or other method of service. A return
receipt signed by the obligor shall be satisfactory evidence of
personal receipt.
5603. (a) An obligor shall have 20 days after the service of
notice of the registration of a California order of support in which
to file a noticed motion requesting the court to vacate the
registration or for other relief. In an action under this section,
there shall be no joinder of actions, coordination of actions, or
cross-complaints, and the claims or defenses shall be limited
strictly to the identity of the obligor, the validity of the
underlying California support order, or the accuracy of the obligee's
statement of the amount of support remaining unpaid unless the
amount has been previously established by a judgment or order. The
obligor shall serve a copy of the motion, personally or by
first-class mail, on the office of the district attorney, private
attorney representing the obligee, or obligee representing himself or
herself who filed the request for registration of the order, not
less than 15 days prior to the date on which the motion is to be
heard. If service is by mail, Section 1013 of the Code of Civil
Procedure applies. If the obligor does not file the motion within 20
days, the registered California support order and all other
documents filed pursuant to subdivision (a) of Section 5601 or
Section 5602 are confirmed.
(b) At the hearing on the motion to vacate the registration of the
order, the obligor may present only matters that would be available
to the obligor as defenses in an action to enforce a support
judgment. If the obligor shows, and the court finds, that an appeal
from the order is pending or that a stay of execution has been
granted, the court shall stay enforcement of the order until the
appeal is concluded, the time for appeal has expired, or the order is
vacated, upon satisfactory proof that the obligor has furnished
security for payment of the support ordered. If the obligor shows,
and the court finds, any ground upon which enforcement of a
California support order may be stayed, the court shall stay
enforcement of the order for an appropriate period if the obligor
furnishes security for payment of support.
5604. A previous determination of paternity made by another
state, whether established through voluntary acknowledgment
procedures in effect in that state or through an administrative or
judicial process shall be given full faith and credit by the courts
in this state, and shall have the same effect as a paternity
determination made in this state and may be enforced and satisfied in
a like manner.
SEC. 36. Section 7551 of the Family Code is amended to read:
7551. In a civil action or proceeding in which paternity is a
relevant fact, the court may upon its own initiative or upon
suggestion made by or on behalf of any person who is involved, and
shall upon motion of any party to the action or proceeding made at a
time so as not to delay the proceedings unduly, order the mother,
child, and alleged father to submit to genetic tests. If a party
refuses to submit to the tests, the court may resolve the question of
paternity against that party or enforce its order if the rights of
others and the interests
of justice so require. A party's refusal to submit to the tests is
admissible in evidence in any proceeding to determine paternity. For
the purposes of this chapter, "genetic tests" means any genetic test
that is generally acknowledged as reliable by accreditation bodies
designated by the United States Secretary of Health and Human
Services.
SEC. 37. Section 7552 of the Family Code is amended to read:
7552. The tests shall be performed by a laboratory approved by
any accreditation body that has been approved by the Secretary of the
United States Department of Health and Human Services. Any party or
person at whose suggestion the tests have been ordered may demand
that other experts, qualified as examiners of blood types, perform
independent tests under order of the court, the results of which may
be offered in evidence. The number and qualifications of these
experts shall be determined by the court.
SEC. 38. Section 7552.5 of the Family Code is amended to read:
7552.5. (a) A copy of the results of all genetic tests performed
under Section 7552 or 7558 shall be served upon all parties, by any
method of service authorized under Chapter 5 (commencing with Section
1010) of Title 14 of Part 2 of the Code of Civil Procedure except
personal service, no later than 20 days prior to any hearing in which
the genetic test results may be admitted into evidence. The genetic
test results shall be accompanied by a declaration under penalty of
perjury of the custodian of records or other qualified employee of
the laboratory that conducted the genetic tests, stating in substance
each of the following:
(1) The declarant is the duly authorized custodian of the records
or other qualified employee of the laboratory, and has authority to
certify the records.
(2) A statement which establishes in detail the chain of custody
of all genetic samples collected, including the date on which the
genetic sample was collected, the identity of each person from whom a
genetic sample was collected, the identity of the person who
performed or witnessed the collecting of the genetic samples and
packaged them for transmission to the laboratory, the date on which
the genetic samples were received by the laboratory, the identity of
the person who unpacked the samples and forwarded them to the person
who performed the laboratory analysis of the genetic sample, and the
identification and qualifications of all persons who performed the
laboratory analysis and published the results.
(3) A statement which establishes that the procedures used by the
laboratory to conduct the tests for which the test results are
attached are used in the laboratory's ordinary course of business to
ensure accuracy and proper identification of genetic samples.
(4) The genetic test results were prepared at or near the time of
completion of the genetic tests by personnel of the business
qualified to perform genetic tests in the ordinary course of
business.
(b) The genetic test results shall be admitted into evidence at
the hearing or trial to establish paternity, without the need for
foundation testimony of authenticity and accuracy, unless a written
objection to the genetic test results is filed with the court and
served on all other parties, by any party no later than five days
prior to the hearing or trial where paternity is at issue.
(c) If a written objection is filed by the court and served on all
parties within the time specified in subdivision (b), experts
appointed by the court shall be called by the court as witnesses to
testify to their findings and are subject to cross-examination by the
parties.
SEC. 39. Section 7555 of the Family Code is amended to read:
7555. (a) There is a rebuttable presumption, affecting the burden
of proof, of paternity, if the court finds that the paternity index,
as calculated by the experts qualified as examiners of genetic
markers, is 100 or greater. This presumption may be rebutted by a
preponderance of the evidence.
(b) As used in this section:
(1) "Genetic markers" mean separate genes or complexes of genes
identified as a result of genetic tests.
(2) "Paternity index" means the commonly accepted indicator used
for denoting the existence of paternity. It expresses the relative
strength of the test results for and against paternity. The
paternity index, computed using results of various paternity tests
following accepted statistical principles, shall be in accordance
with the method of expression accepted at the International
Conference on Parentage Testing at Airlie House, Virginia, May 1982,
sponsored by the American Association of Blood Banks.
SEC. 40. Section 7558 is added to the Family Code, to read:
7558. (a) This section applies only to cases where support
enforcement services are being provided by the district attorney
pursuant to Section 11475.1 of the Welfare and Institutions Code.
(b) In any civil action or proceeding in which paternity is a
relevant fact, and in which the issue of paternity is contested, the
district attorney may issue an administrative order requiring the
mother, child, and the alleged father to submit to genetic testing if
any of the following conditions exist:
(1) The person alleging paternity has signed a statement under
penalty of perjury that sets forth facts that establish a reasonable
possibility of the requisite sexual conduct between the mother and
the alleged father.
(2) The person denying paternity has signed a statement under
penalty of perjury that sets forth facts that establish a reasonable
possibility of the nonexistence of the requisite sexual contact
between the parties.
(3) The alleged father has filed an answer in the action or
proceeding in which paternity is a relevant fact and has requested
that genetic tests be performed.
(4) The mother and the alleged father agree in writing to submit
to genetic tests.
(c) Notwithstanding subdivision (b), the district attorney may not
order an individual to submit to genetic tests if the individual has
been found to have good cause for failure to cooperate in the
determination of paternity pursuant to Section 11477 of the Welfare
and Institutions Code.
(d) The district attorney shall pay the costs of any genetic tests
that are ordered under subdivision (b), subject to the county
obtaining a court order for reimbursement from the alleged father if
paternity is established under Section 7553.
(e) Nothing in this section prohibits any person who has been
ordered by the district attorney to submit to genetic tests pursuant
to this section from filing a notice of motion with the court in the
action or proceeding in which paternity is a relevant fact seeking
relief from the district attorney's order to submit to genetic tests.
In that event, the court shall resolve the issue of whether genetic
tests should be ordered as provided in Section 7551. If any person
refuses to submit to the tests after receipt of the administrative
order pursuant to this section and fails to seek relief from the
court from the administrative order either prior to the scheduled
tests or within 10 days after the tests are scheduled, the court may
resolve the question of paternity against that person or enforce the
administrative order if the rights of others or the interest of
justice so require. Except as provided in subdivision (c), a person'
s refusal to submit to tests ordered by the district attorney is
admissible in evidence in any proceeding to determine paternity if a
notice of motion is not filed within the timeframes specified in this
subdivision.
(f) If the original test result creates a rebuttable presumption
of paternity under Section 7555 and the result is contested, the
district attorney shall order an additional test only upon request
and advance payment of the contestant.
SEC. 41. Section 7571 of the Family Code is amended to read:
7571. (a) On and after January 1, 1995, upon the event of a live
birth, prior to an unmarried mother leaving any hospital, the person
responsible for registering live births under Section 102405 of the
Health and Safety Code shall provide to the natural mother and shall
attempt to provide, at the place of birth, to the man identified by
the natural mother as the natural father, a voluntary declaration of
paternity together with the written materials described in Section
7572. The person responsible for registering the birth shall file
the declaration, if completed, with the birth certificate, and, if
requested, shall transmit a copy of the declaration to the district
attorney of the county where the birth occurred. A copy of the
declaration shall be made available to each of the attesting parents.
(b) No health care provider shall be subject to any civil,
criminal, or administrative liability for any negligent act or
omission relative to the accuracy of the information provided, or for
filing the declaration with the appropriate state or local agencies.
(c) The district attorney shall pay the sum of ten dollars ($10)
to birthing hospitals and other entities that provide prenatal
services for each completed declaration of paternity that is filed
with the State Office of Vital Records, provided that the district
attorney and the hospital or other entity providing prenatal services
has entered into a written agreement that specifies the terms and
conditions for the payment as required by federal law.
(d) If the declaration is not registered by the person responsible
for registering live births at the hospital, it may be completed by
the attesting parents, notarized, and mailed to the State Office of
Vital Records at any time after the child's birth.
(e) Prenatal clinics may offer prospective parents the opportunity
to sign a voluntary declaration of paternity. In order to be paid
for their services as provided in subdivision (c), prenatal clinics
must ensure that the form is witnessed and forwarded to the State
Office of Vital Records.
(f) Declarations shall be made available without charge at all
district attorney offices, offices of local registrars of births and
deaths, courts, and county welfare departments within this state.
Staff in these offices shall witness the signatures of parents
wishing to sign a voluntary declaration of paternity and shall be
responsible for forwarding the signed declaration to the State Office
of Vital Records and Statistics.
(g) The district attorney may, at his or her option, pay the sum
of ten dollars ($10) to local registrars of birth and deaths, county
welfare departments, or courts for each completed declaration of
paternity that is witnessed by staff in these offices and filed with
the State Office of Vital Records and Statistics. In order to
receive payment, the district attorney and the entity shall enter
into a written agreement that specifies the terms and conditions for
payment as required by federal law. The State Department of Social
Services shall study the effect of the ten dollar ($10) payment on
obtaining completed voluntary declaration of paternity forms and
shall report to the Legislature on any recommendations to change the
ten dollar ($10) optional payment, if appropriate, by January 1,
2000.
(h) The State Department of Social Services and district attorneys
shall publicize the availability of the declarations. The district
attorney shall make the declaration, together with the written
materials described in subdivision (a) of Section 7572, available
upon request to any parent. The district attorney shall also provide
qualified staff to answer parents' questions regarding the
declaration and the process of establishing paternity.
(i) Copies of the declaration filed with the State Office of Vital
Records and Statistics shall be made available only to the parents,
the child, the district attorney, the county welfare department, the
county counsel, and the State Department of Social Services.
SEC. 42. Section 7572 of the Family Code is amended to read:
7572. (a) The State Department of Social Services, in
consultation with the State Department of Health Services, the
California Association of Hospitals and Health Systems, and other
affected health provider organizations, shall work cooperatively to
develop written materials to assist providers and parents in
complying with this chapter.
(b) The written materials for parents which shall be attached to
the form specified in Section 7574 and provided to unmarried parents
shall contain the following information:
(1) A signed voluntary declaration of paternity that is filed with
the State Office of Vital Records and Statistics legally establishes
paternity.
(2) The legal rights and obligations of both parents and the child
that result from the establishment of paternity.
(3) An alleged father's constitutional rights to have the issue of
paternity decided by a court; to notice of any hearing on the issue
of paternity; to have an opportunity to present his case to the
court, including his right to present and cross-examine witnesses; to
have an attorney represent him; and to have an attorney appointed to
represent him if he cannot afford one in a paternity action filed by
the district attorney.
(4) That by signing the voluntary declaration of paternity, the
father is voluntarily waiving his constitutional rights.
(c) Parents shall also be given oral notice of the rights and
responsibilities specified in subdivision (b). Oral notice may be
accomplished through the use of audio or videotape programs developed
by the State Department of Social Services to the extent permitted
by federal law.
(d) The State Department of Social Services shall, free of charge,
make available to hospitals, clinics, and other places of birth any
and all informational and training materials for the program under
this chapter, as well as the paternity declaration form. The State
Department of Social Services shall make training available to every
hospital, clinic, and other place of birth no later than October 31,
1994.
(e) The State Department of Social Services may adopt regulations,
including emergency regulations, necessary to implement this
chapter.
SEC. 43. Section 7575 of the Family Code is amended to read:
7575. (a) Either parent may rescind the voluntary declaration of
paternity by filing a rescission form with the State Office of Vital
Records within 60 days of the date of execution of the declaration by
the attesting father or attesting mother, whichever signature is
later, unless a court order for custody, visitation, or child support
has been entered in an action in which the signatory seeking to
rescind was a party. The State Department of Social Services shall
develop a form to be used by parents to rescind the declaration of
paternity and instruction on how to complete and file the rescission
with the State Office of Vital Records. The form shall include a
declaration under penalty of perjury completed by the person filing
the rescission form that certifies that a copy of the rescission form
was sent by any form of mail requiring a return receipt to the other
person who signed the voluntary declaration of paternity. A copy of
the return receipt shall be attached to the rescission form when
filed with the State Office of Vital Records. The form and
instructions shall be written in simple, easy to understand language
and shall be made available at the local family support office and
the office of local registrar of births and deaths.
(b) (1) Notwithstanding Section 7573, if the court finds that the
conclusions of all of the experts based upon the results of the
genetic tests performed pursuant to Chapter 2 (commencing with
Section 7550) are that the man who signed the voluntary declaration
is not the father of the child, the court may set aside the voluntary
declaration of paternity.
(2) The notice of motion for genetic tests under this section may
be filed not later than two years from the date of the child's birth
by either the mother or the man who signed the voluntary declaration
as the child's father in an action to determine the existence or
nonexistence of the father and child relationship pursuant to Section
7630 or in any action to establish an order for child custody,
visitation, or child support based upon the voluntary declaration of
paternity.
(3) The notice of motion for genetic tests pursuant to this
section shall be supported by a declaration under oath submitted by
the moving party stating the factual basis for putting the issue of
paternity before the court.
(c) (1) Nothing in this chapter shall be construed to prejudice or
bar the rights of either parent to file an action or motion to set
aside the voluntary declaration of paternity on any of the grounds
described in, and within the time limits specified in, Section 473 of
the Code of Civil Procedure and Chapter 10 (commencing with Section
2120) of Part 1 of Division 6. If the action or motion to set aside
the voluntary declaration of paternity is for fraud or perjury, the
act must have induced the defrauded parent to sign the voluntary
declaration of paternity. If the action or motion to set aside a
judgment is required to be filed within a specified time period under
Section 473 of the Code of Civil Procedure or Section 2122, the
period within which the action or motion to set aside the voluntary
declaration of paternity must be filed shall commence on the date
that the court makes a finding of paternity based upon the voluntary
declaration of paternity in an action for custody, visitation, or
child support.
(2) The parent seeking to set aside the voluntary declaration of
paternity shall have the burden of proof.
(3) Any order for custody, visitation, or child support shall
remain in effect until the court determines that the voluntary
declaration of paternity should be set aside, subject to the court's
power to modify the orders as otherwise provided by law.
(4) Nothing in this section is intended to restrict a court from
acting as a court of equity.
(5) If the voluntary declaration of paternity is set aside
pursuant to paragraph (1), the court shall order that the mother,
child, and alleged father submit to genetic tests pursuant to Chapter
2 (commencing with Section 7550). If the court finds that the
conclusions of all the experts, as disclosed by the evidence based
upon the genetic tests, are that the person who executed the
voluntary declaration of paternity is not the father of the child,
the question of paternity shall be resolved accordingly. If the
person who executed the declaration as the father of the child is not
excluded as a possible father, the question of paternity shall be
resolved as otherwise provided by law. If the person who executed
the declaration of paternity is ultimately determined to be the
father of the child, any child support that accrued under an order
based upon the voluntary declaration of paternity shall remain due
and owing.
(6) The Judicial Council shall develop the forms and procedures
necessary to effectuate this subdivision.
SEC. 44. Section 7604.5 is added to the Family Code, to read:
7604.5. Notwithstanding any other provision of law, bills for
pregnancy, childbirth, and genetic testing shall be admissible as
evidence without third-party foundation testimony and shall
constitute prima facie evidence of costs incurred for those services.
SEC. 45. Section 10005 of the Family Code is amended to read:
10005. (a) By local rule, the superior court may designate
additional duties of the family law facilitator, which may include,
but are not limited to, the following:
(1) Meeting with litigants to mediate issues of child support,
spousal support, and maintenance of health insurance, subject to
Section 10012. Actions in which one or both of the parties are
unrepresented by counsel shall have priority.
(2) Drafting stipulations to include all issues agreed to by the
parties, which may include issues other than those specified in
Section 10003.
(3) If the parties are unable to resolve issues with the
assistance of the family law facilitator, prior to or at the hearing,
and at the request of the court, the family law facilitator shall
review the paperwork, examine documents, prepare support schedules,
and advise the judge whether or not the matter is ready to proceed.
(4) Assisting the clerk in maintaining records.
(5) Preparing formal orders consistent with the court's announced
order in cases where both parties are unrepresented.
(6) Serving as a special master in proceedings and making findings
to the court unless he or she has served as a mediator in that case.
(7) Providing the services specified in Division 15 (commencing
with Section 10100). Except for the funding specifically designated
for visitation programs pursuant to Section 669B of Title 42 of the
United States Code, Title IV-D child support funds shall not be used
to fund the services specified in Division 15 (commencing with
Section 10100).
(b) If staff and other resources are available and the duties
listed in subdivision (a) have been accomplished, the duties of the
family law facilitator may also include the following:
(1) Assisting the court with research and any other
responsibilities which will enable the court to be responsive to the
litigants' needs.
(2) Developing programs for bar and community outreach through day
and evening programs, videotapes, and other innovative means that
will assist unrepresented and financially disadvantaged litigants in
gaining meaningful access to family court. These programs shall
specifically include information concerning underutilized
legislation, such as expedited child support orders (Chapter 5
(commencing with Section 3620) of Part 1 of Division 9), and
preexisting, court-sponsored programs, such as supervised visitation
and appointment of attorneys for children.
SEC. 46. Section 102425 of the Health and Safety Code is amended
to read:
102425. (a) The certificate of live birth for any live birth
occurring on or after January 1, 1980, shall contain those items
necessary to establish the fact of the birth and shall contain only
the following information:
(1) Full name and sex of child.
(2) Date of birth, including month, day, hour, and year.
(3) Planned place of birth and place of birth.
(4) Full name of father, birthplace, and date of birth of father
including month, day, and year. If the mother was not married at the
time the child was conceived, the father's name shall not be listed
on the birth certificate unless the father and the mother sign a
voluntary declaration of paternity before the birth certificate is
prepared. The birth certificate may be amended to add the father's
name at a later date only if paternity for the child has been
established by a judgment of a court of competent jurisdiction or by
the filing of a voluntary declaration of paternity.
(5) Full birth name of mother, birthplace, and date of birth of
mother including month, day, and year.
(6) Multiple births and birth order of multiple births.
(7) Signature, and relationship to child, of a parent or other
informant, and date signed.
(8) Name, title, and mailing address of attending physician and
surgeon or principal attendant, signature, and certification of live
birth by attending physician and surgeon or principal attendant or
certifier, date signed, and name and title of certifier if other than
attending physician and surgeon or principal attendant.
(9) Date accepted for registration and signature of local
registrar.
(10) A state birth certificate number and local registration
district and number.
(11) A blank space for entry of date of death with a caption
reading "Date of Death."
(b) In addition to the items listed in subdivision (a), the
certificate of live birth shall contain the following medical and
social information, provided that the information is kept
confidential pursuant to Sections 102430 and 102447 and is clearly
labeled "Confidential Information for Public Health Use Only:"
(1) Birth weight.
(2) Pregnancy history.
(3) Race and ethnicity of mother and father.
(4) Residence address of mother.
(5) A blank space for entry of census tract for mother's address.
(6) Month prenatal care began and number of prenatal visits.
(7) Date of last normal menses.
(8) Description of complications of pregnancy and concurrent
illnesses, congenital malformation, and any complication of labor and
delivery, including surgery; provided that this information is
essential medical information and appears in total on the face of the
certificate.
(9) Mother's and father's occupations and kind of business or
industry.
(10) Education level of mother and father.
(11) Principal source of pay for prenatal care, which shall
include all of the following: Medi-Cal, health maintenance
organization or prepaid health plan, private insurance companies,
medically indigent, self-pay, other sources which shall include,
Medicare, workers' compensation, Title V, other government or
nongovernment programs, no charge, and other categories as determined
by the State Department of Health Services.
This paragraph shall become inoperative on January 1, 1999, or on
the implementation date of the decennial birth certificate revision
due to occur on or about January 1, 1999, whichever occurs first.
(12) Expected principal source of pay for delivery, which shall
include all of the following: Medi-Cal, health maintenance
organization or prepaid health plan, private insurance companies,
medically indigent, self-pay, other sources which shall include,
Medicare, workers' compensation, Title V, other government or
nongovernment programs, no charge, and other categories as determined
by the State Department of Health Services.
This paragraph shall become inoperative on January 1, 1999, or on
the implementation date of the decennial birth certificate revision
due to occur on or about January 1, 1999, whichever occurs first.
(13) An indication of whether or not the child's parent desires
the automatic issuance of a social security number to the child.
(14) On and after January 1, 1995, the social security numbers of
the mother and father, unless subdivision (b) of Section 102150
applies.
(c) Item 8, specified in subdivision (b), shall be completed by
the attending physician and surgeon or the attending physician's and
surgeon's designated representative. The names and addresses of
children born with congenital malformations, who require followup
treatment, as determined by the child's physician and surgeon, shall
be furnished by the
physician and surgeon to the local health officer, if permission is
granted by either parent of the child.
(d) The parent shall only be asked to sign the form after both the
public portion and the confidential medical and social information
items have been entered upon the certificate of live birth.
(e) The State Registrar shall instruct all local registrars to
collect the information specified in this section with respect to
certificates of live birth. The information shall be transcribed on
the certificate of live birth in use at the time and shall be limited
to the information specified in this section.
Information relating to concurrent illnesses, complications of
pregnancy and delivery, and congenital malformations shall be
completed by the physician and surgeon, or physician's and surgeon's
designee, inserting in the space provided on the confidential portion
of the certificate the appropriate number or numbers listed on the
VS-10A supplemental worksheet. The VS-10A supplemental form shall be
used as a worksheet only and shall not in any manner be linked with
the identity of the child or the mother, nor submitted with the
certificate to the State Registrar. All information transferred from
the worksheet to the certificate shall be fully explained to the
parent or other informant prior to the signing of the certificate.
No questions relating to drug or alcohol abuse may be asked.
(f) If the implementation date of the decennial birth certificate
revision occurs prior to January 1, 1999, within 30 days of this
implementation date the State Department of Health Services shall
file a letter with the Secretary of the Senate and with the Chief
Clerk of the Assembly, so certifying.
SEC. 47. Section 19271.5 is added to the Revenue and Taxation
Code, to read:
19271.5. (a) A county district attorney enforcing child support
obligations pursuant to Section 11475.1 of the Welfare and
Institutions Code may refer child support obligations to the
Franchise Tax Board to collect child support payments that are not
child support delinquencies, as defined in this article, or past due
amounts. If a child support obligation becomes a child support
delinquency during the time the Franchise Tax Board is administering
wage withholding, then the Franchise Tax Board shall commence
collection of the delinquency pursuant to Section 19271.
(1) Referrals shall be transmitted in the form and manner
prescribed by the Franchise Tax Board.
(2) In order to manage the growth in the number of referrals that
it will receive, the Franchise Tax Board may phase in the referrals
as administratively necessary.
(b) When a child support obligation is referred to the Franchise
Tax Board pursuant to subdivision (a), or at any time thereafter, if
the obligated parent owes a delinquent personal income tax liability,
the Franchise Tax Board shall not engage in, or shall cease,
collection of the child support obligation referred under subdivision
(a) until the delinquent personal income tax liability is paid in
full. However, the Franchise Tax Board may engage in collection of
an obligation referred under subdivision (a) under either of the
following circumstances:
(1) The delinquent personal income tax liability is discharged
from accountability pursuant to Section 13940 of the Government Code.
(2) The obligor has entered into an installment payment agreement
for the delinquent personal income tax liability and is in compliance
with that agreement and the Franchise Tax Board determines that
collection of the child support obligation referred under subdivision
(a) would not jeopardize the payments under the terms of the
agreement.
(c) For purposes of administering subdivision (b):
(1) "Collection of child support obligation" means administering
wage withholding pursuant to Chapter 8 (commencing with Section 5200)
of Part 5 of Division 9 of the Family Code or Section 3088 of the
Probate Code, that requires an employer to withhold earnings for
support.
(2) "Delinquent personal income tax liability" means any taxes,
additions to tax, penalties, interest, fees, or other related amounts
due and payable under Part 10 (commencing with Section 17001) or
this part.
(d) Any services or information available to a district attorney
or the Title IV-D agency in collecting child support obligations or
locating absent or noncustodial parents shall be available to the
Franchise Tax Board for purposes of collecting child support
obligations under this section, including, but not limited to, any
information that may be disclosed by the Franchise Tax Board to the
California Parent Locator Service under Section 19548.
SEC. 48. Section 1088.7 is added to the Unemployment Insurance
Code, to read:
The Employment Development Department, in consultation with the
Department of Social Services and the Franchise Tax Board, shall
prepare and submit a study to the Governor and the Legislature that
identifies possible methods for establishing a state mechanism for
the reporting of the income of service-providers for the purpose of
collecting delinquent child support obligations. The study shall
include recommendations as to the most feasible and cost-effective
reporting methods. The study shall be submitted no later than June
30, 1998.
SEC. 49. Section 11350.1 of the Welfare and Institutions Code is
amended to read:
11350.1. (a) Notwithstanding any other statute, in any action
brought by the district attorney for the support of a minor child or
children, the action may be prosecuted in the name of the county on
behalf of the child, children, or a parent of the child or children.
The parent who has requested or is receiving support enforcement
services of the district attorney shall not be a necessary party to
the action but may be subpoenaed as a witness. Except as provided in
subdivision (e), in an action under this section there shall be no
joinder of actions, or coordination of actions, or cross-complaints,
and the issues shall be limited strictly to the question of
parentage, if applicable, and child support, including an order for
medical support. A final determination of parentage may be made in
any action under this section as an incident to obtaining an order
for support. An action for support or parentage pursuant to this
section shall not be delayed or stayed because of the pendency of any
other action between the parties.
(b) Judgment in an action brought pursuant to this section, and in
an action brought pursuant to Section 11350, if at issue, may be
rendered pursuant to a noticed motion, which shall inform the
defendant that in order to exercise his or her right to trial, he or
she must appear at the hearing on the motion.
If the defendant appears at the hearing on the motion, the court
shall inquire of him or her if he or she desires to subpoena evidence
and witnesses, if parentage is at issue and genetic tests have not
already been conducted whether he or she desires genetic tests, and
if he or she desires a trial. If his or her answer is in the
affirmative, a continuance shall be granted to allow him or her to
exercise those rights. A continuance shall not postpone the hearing
to more than 90 days from the date of service of the motion. In the
event that a continuance is granted, the court may make an order for
temporary support without prejudice to the right of the court to make
an order for temporary support as otherwise allowed by law.
(c) In any action to enforce a spousal support order the action
may be pled in the name of the county in the same manner as an action
to establish a child support obligation. The same restrictions on
joinder of actions, coordination of actions, and cross-complaints,
and delay because of the pendency of any other action as relates to
actions to establish a child support obligation shall also apply to
actions to enforce a spousal support order.
(d) Nothing contained in this section shall be construed to
prevent the parties from bringing an independent action under the
Family Code and litigating the issues of support, custody,
visitation, or protective orders. In that event, any support,
custody, visitation, or protective order issued by the court in an
action pursuant to this section shall be filed in the action
commenced under the Family Code and shall continue in effect until
modified by a subsequent order of the court. To the extent that the
orders conflict, the court order last issued shall supersede all
other orders and be binding upon all parties in that action.
(e) (1) After a support order, including a temporary support order
and an order for medical support only, has been entered in an action
brought pursuant to this section, the parent who has requested or is
receiving support enforcement services of the district attorney
shall become a party to the action brought pursuant to this section,
only in the manner and to the extent provided by this section, and
only for the purposes allowed by this section.
(2) Notice of the parent's status as a party shall be given to the
parent by the district attorney in conjunction with the notice
required by subdivision (e) of Section 11478.2. The complaint shall
contain this notice. Service of the complaint on the parent in
compliance with Section 1013 of the Code of Civil Procedure, or as
otherwise provided by law, shall constitute compliance with this
section. In all actions commenced under the procedures and forms in
effect on or before December 31, 1996, the parent who has requested
or is receiving support enforcement services of the district attorney
shall not become a party to the action until he or she is joined as
a party pursuant to an ex parte application or noticed motion for
joinder filed by the district attorney or a noticed motion filed by
either parent. The district attorney shall serve a copy of any order
for joinder of a parent obtained by the district attorney's
application on both parents in compliance with Section 1013 of the
Code of Civil Procedure.
(3) The parent who has requested or is receiving support
enforcement services of the district attorney is a party to an action
brought under this section for issues relating to the support,
custody, and visitation of a child, and for restraining orders, and
for no other purpose. The district attorney shall not be required to
serve or receive service of papers, pleadings, or documents, or
participate in, or attend any hearing or proceeding relating to
issues of custody or visitation, except as otherwise required by law.
Orders concerning custody and visitation may be made in an action
pursuant to this subdivision only if orders concerning custody and
visitation have not been previously made by a court of competent
jurisdiction in this state or another state and the court has
jurisdiction and is the proper venue for custody and visitation
determinations. All issues regarding custody and visitation shall be
heard and resolved in the manner provided by the Family Code.
Except as otherwise provided by law, the district attorney shall
control support and parentage litigation brought pursuant to this
section, and the manner, method, and procedures used in establishing
parentage and in establishing and enforcing support obligations
unless and until the parent who requested or is receiving support
enforcement services has requested in writing that the district
attorney close his or her case and the case has been closed in
accordance with federal regulation.
(f) (1) A parent who has requested or is receiving support
enforcement services of the district attorney may take independent
action to modify a support order made pursuant to this section while
support enforcement services are being provided by the district
attorney. The parent shall serve the district attorney with notice
of any action filed to modify the support order and provide the
district attorney with a copy of the modified order within 15
calendar days after the date the order is issued.
(2) A parent who has requested or is receiving support enforcement
services of the district attorney may take independent action to
enforce a support order made pursuant to this section while support
enforcement services are being provided by the district attorney with
the written consent of the district attorney. At least 30 days
prior to filing an independent enforcement action, the parent shall
provide the district attorney with written notice of the parent's
intent to file an enforcement action which includes a description of
the type of enforcement action the parent intends to file. Within 30
days of receiving the notice, the district attorney shall either
provide written consent for the parent to proceed with the
independent enforcement action or notify the parent that he or she
objects to the parent filing the proposed independent enforcement
action. The district attorney may object only if the district
attorney is currently using an administrative or judicial method to
enforce the support obligation or if the proposed independent
enforcement action would interfere with an investigation being
conducted by the district attorney. If the district attorney does
not respond to the parent's written notice within 30 days, the
district attorney shall be deemed to have given consent.
(3) The court shall order that all payments of support shall be
made to the district attorney in any action filed under this section
by the parent who has requested, or is receiving, support enforcement
services of the district attorney unless support enforcement
services have been terminated by the district attorney by case
closure as provided by federal law. Any order obtained by a parent
prior to support enforcement services being terminated in which the
district attorney did not receive proper notice pursuant to this
section shall be voidable upon the motion of the district attorney.
(g) For the purpose of this section, "a parent who is receiving
support enforcement services" includes a parent who has assigned his
or her rights to support pursuant to Section 11477.
(h) The Judicial Council shall develop forms to implement this
section. These forms shall be available no later than July 1, 1998.
SEC. 50. Section 11350.6 of the Welfare and Institutions Code is
amended to read:
11350.6. (a) As used in this section:
(1) "Applicant" means any person applying for issuance or renewal
of a license.
(2) "Board" means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State Bar,
the Department of Real Estate, the Department of Motor Vehicles, the
Secretary of State, the Department of Fish and Game, and any other
state commission, department, committee, examiner, or agency that
issues a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, or to the extent required by federal law or regulations,
for recreational purposes. This term includes all boards,
commissions, departments, committees, examiners, entities, and
agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession. The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential,
permit, registration, or any other authorization to engage in a
business, occupation, or profession does not exclude that board,
commission, department, committee, examiner, entity, or agency from
this term.
(3) "Certified list" means a list provided by the district
attorney to the State Department of Social Services in which the
district attorney verifies, under penalty of perjury, that the names
contained therein are support obligors found to be out of compliance
with a judgment or order for support in a case being enforced under
Title IV-D of the Social Security Act.
(4) "Compliance with a judgment or order for support" means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the district
attorney, on a support arrearage, or in making periodic payments in
full, whether court ordered or by agreement with the district
attorney, on a judgment for reimbursement for public assistance, or
has obtained a judicial finding that equitable estoppel as provided
in statute or case law precludes enforcement of the order. The
district attorney is authorized to use this section to enforce orders
for spousal support only when the district attorney is also
enforcing a related child support obligation owed to the obligee
parent by the same obligor, pursuant to Sections 11475.1 and 11475.2.
(5) "License" includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession, or to operate a commercial motor
vehicle, including appointment and commission by the Secretary of
State as a notary public. "License" also includes any driver's
license issued by the Department of Motor Vehicles, any commercial
fishing license issued by the Department of Fish and Game, and to the
extent required by federal law or regulations, any license used for
recreational purposes. This term includes all licenses,
certificates, credentials, permits, registrations, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession. The failure to specifically
name a particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows a
person to engage in a business, occupation, or profession, does not
exclude that license, certificate, credential, permit, registration,
or other authorization from this term.
(6) "Licensee" means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver's license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public. "Licensee" also means any
person holding a driver's license issued by the Department of Motor
Vehicles, any person holding a commercial fishing license issued by
the Department of Fish and Game, and to the extent required by
federal law or regulations, any person holding a license used for
recreational purposes. This term includes all persons holding a
license, certificate, credential, permit, registration, or any other
authorization to engage in a business, occupation, or profession, and
the failure to specifically name a particular type of license,
certificate, credential, permit, registration, or other authorization
issued by a board does not exclude that person from this term.
(b) The district attorney shall maintain a list of those persons
included in a case being enforced under Title IV-D of the Social
Security Act against whom a support order or judgment has been
rendered by, or registered in, a court of this state, and who are not
in compliance with that order or judgment. The district attorney
shall submit a certified list with the names, social security
numbers, and last known addresses of these persons and the name,
address, and telephone number of the district attorney who certified
the list to the State Department of Social Services. The district
attorney shall verify, under penalty of perjury, that the persons
listed are subject to an order or judgment for the payment of support
and that these persons are not in compliance with the order or
judgment. The district attorney shall submit to the State Department
of Social Services an updated certified list on a monthly basis.
(c) The State Department of Social Services shall consolidate the
certified lists received from the district attorneys and, within 30
calendar days of receipt, shall provide a copy of the consolidated
list to each board which is responsible for the regulation of
licenses, as specified in this section.
(d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the State Department of
Social Services, all boards subject to this section shall implement
procedures to accept and process the list provided by the State
Department of Social Services, in accordance with this section.
Notwithstanding any other provision of law, all boards shall collect
social security numbers from all applicants for the purposes of
matching the names of the certified list provided by the State
Department of Social Services to applicants and licensees and of
responding to requests for this information made by child support
agencies.
(e) (1) Promptly after receiving the certified consolidated list
from the State Department of Social Services, and prior to the
issuance or renewal of a license, each board shall determine whether
the applicant is on the most recent certified consolidated list
provided by the State Department of Social Services. The board shall
have the authority to withhold issuance or renewal of the license of
any applicant on the list.
(2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board's intent to withhold issuance or renewal of the license. The
notice shall be made personally or by mail to the applicant's last
known mailing address on file with the board. Service by mail shall
be complete in accordance with Section 1013 of the Code of Civil
Procedure.
(A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.
(B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended. Except as
provided in subparagraph (D), only one temporary license shall be
issued during a regular license term and it shall coincide with the
first 150 days of that license term. As this paragraph applies to
commercial driver's licenses, "license term" shall be deemed to be 12
months from the date the application fee is received by the
Department of Motor Vehicles. A license for the full or remainder of
the license term shall be issued or renewed only upon compliance
with this section.
(C) In the event that a license or application for a license or
the renewal of a license is denied pursuant to this section, any
funds paid by the applicant or licensee shall not be refunded by the
board.
(D) This paragraph shall apply only in the case of a driver's
license, other than a commercial driver's license. Upon the request
of the district attorney or by order of the court upon a showing of
good cause, the board shall extend a 150-day temporary license for a
period not to exceed 150 extra days.
(3) (A) The State Department of Social Services may, when it is
economically feasible for the department and the boards to do so as
determined by the department, in cases where the department is aware
that certain child support obligors listed on the certified lists
have been out of compliance with a judgment or order for support for
more than four months, provide a supplemental list of these obligors
to each board with which the department has an interagency agreement
to implement this paragraph. Upon request by the department, the
licenses of these obligors shall be subject to suspension, provided
that the licenses would not otherwise be eligible for renewal within
six months from the date of the request by the department. The board
shall have the authority to suspend the license of any licensee on
this supplemental list.
(B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended 150
days after notice is served, unless compliance with this section is
achieved. The notice shall be made personally or by mail to the
licensee's last known mailing address on file with the board.
Service by mail shall be complete in accordance with Section 1013 of
the Code of Civil Procedure.
(C) The 150-day notice period shall not be extended.
(D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by the
board.
(E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.
(f) Notices shall be developed by each board in accordance with
guidelines provided by the State Department of Social Services and
subject to approval by the State Department of Social Services. The
notice shall include the address and telephone number of the district
attorney who submitted the name on the certified list, and shall
emphasize the necessity of obtaining a release from that district
attorney's office as a condition for the issuance, renewal, or
continued valid status of a license or licenses.
(1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A) of
paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the district attorney who submitted the name on the
certified list.
(2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will
continue in its existing status for no more than 150 calendar days
from the date of mailing or service of the notice and thereafter will
be suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the district attorney who
submitted the name on the certified list. Additionally, the notice
shall inform the licensee that any license suspended under this
section will remain so until the expiration of the remaining license
term, unless the board receives a release along with applications and
fees, if applicable, to reinstate the license during the license
term.
(3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by
the applicant or licensee shall not be refunded by the board. The
State Department of Social Services shall also develop a form that
the applicant shall use to request a review by the district attorney.
A copy of this form shall be included with every notice sent
pursuant to this subdivision.
(g) (1) Each district attorney shall maintain review procedures
consistent with this section to allow an applicant to have the
underlying arrearage and any relevant defenses investigated, to
provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant
assistance in the establishment of a payment schedule on arrearages
if the circumstances so warrant.
(2) It is the intent of the Legislature that a court or district
attorney, when determining an appropriate payment schedule for
arrearages, base its decision on the facts of the particular case and
the priority of payment of child support over other debts. The
payment schedule shall also recognize that certain expenses may be
essential to enable an obligor to be employed. Therefore, in
reaching its decision, the court or the district attorney shall
consider both of these goals in setting a payment schedule for
arrearages.
(h) If the applicant wishes to challenge the submission of his or
her name on the certified list, the applicant shall make a timely
written request for review on the form specified in subdivision (f)
to the district attorney who certified the applicant's name. The
district attorney shall, within 75 days of receipt of the written
request, inform the applicant in writing of his or her findings upon
completion of the review. The district attorney shall immediately
send a release to the appropriate board and the applicant, if any of
the following conditions are met:
(1) The applicant is found to be in compliance or negotiates an
agreement with the district attorney for a payment schedule on
arrearages or reimbursement.
(2) The applicant has submitted a request for review, but the
district attorney will be unable to complete the review and send
notice of his or her findings to the applicant within 75 days. This
paragraph applies only if the delay in completing the review process
is not the result of the applicant's failure to act in a reasonable,
timely, and diligent manner upon receiving notice from the board that
his or her name is on the list.
(3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f). This paragraph applies only if the
delay in completing the judicial review process is not the result of
the applicant's failure to act in a reasonable, timely, and diligent
manner upon receiving the district attorney's notice of his or her
findings.
(4) The applicant has obtained a judicial finding of compliance as
defined in this section.
(i) An applicant is required to act with diligence in responding
to notices from the board and the district attorney with the
recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the district
attorney and, where appropriate, the court must have time to act
within that period. An applicant's delay in acting, without good
cause, which directly results in the inability of the district
attorney to complete a review of the applicant's request or the court
to hear the request for judicial review within the 150-day period
shall not constitute the diligence required under this section which
would justify the issuance of a release.
(j) Except as otherwise provided in this section, the district
attorney shall not issue a release if the applicant is not in
compliance with the judgment or order for support. The district
attorney shall notify the applicant in writing that the applicant
may, by filing an order to show cause or notice of motion, request
any or all of the following:
(1) Judicial review of the district attorney's decision not to
issue a release.
(2) A judicial determination of compliance.
(3) A modification of the support judgment or order.
The notice shall also contain the name and address of the court in
which the applicant shall file the order to show cause or notice of
motion and inform the applicant that his or her name shall remain on
the certified list if the applicant does not timely request judicial
review. The applicant shall comply with all statutes and rules of
court regarding orders to show cause and notices of motion.
Nothing in this section shall be deemed to limit an applicant from
filing an order to show cause or notice of motion to modify a
support judgment or order or to fix a payment schedule on arrearages
accruing under a support judgment or order or to obtain a court
finding of compliance with a judgment or order for support.
(k) The request for judicial review of the district attorney's
decision shall state the grounds for which review is requested and
judicial review shall be limited to those stated grounds. The court
shall hold an evidentiary hearing within 20 calendar days of the
filing of the request for review. Judicial review of the district
attorney's decision shall be limited to a determination of each of
the following issues:
(1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.
(2) Whether the petitioner is the obligor covered by the support
judgment or order.
(3) Whether the support obligor is or is not in compliance with
the judgment or order of support.
(4) The extent to which the needs of the obligor, taking into
account the obligor's payment history and the current circumstances
of both the obligor and the obligee, warrant a conditional release as
described in this subdivision.
The request for judicial review shall be served by the applicant
upon the district attorney who submitted the applicant's name on the
certified list within seven calendar days of the filing of the
petition. The court has the authority to uphold the action,
unconditionally release the license, or conditionally release the
license.
If the judicial review results in a finding by the court that the
obligor is in compliance with the judgment or order for support, the
district attorney shall immediately send a release in accordance with
subdivision (h) to the appropriate board and the applicant. If the
judicial review results in a finding by the court that the needs of
the obligor warrant a conditional release, the court shall make
findings of fact stating the basis for the release and the payment
necessary to satisfy the unrestricted issuance or renewal of the
license without prejudice to a later judicial determination of the
amount of support arrearages, including interest, and shall specify
payment terms, compliance with which are necessary to allow the
release to remain in effect.
(l) The State Department of Social Services shall prescribe
release forms for use by district attorneys. When the obligor is in
compliance, the district attorney shall mail to the applicant and the
appropriate board a release stating that the applicant is in
compliance. The receipt of a release shall serve to notify the
applicant and the board that, for the purposes of this section, the
applicant is in compliance with the judgment or order for support.
If the district attorney determines subsequent to the issuance of
a release that the applicant is once again not in compliance with a
judgment or order for support, or with the terms of repayment as
described in this subdivision, the district attorney may notify the
board, the obligor, and the State Department of Social Services in a
format prescribed by the State Department of Social Services that the
obligor is not in compliance.
The State Department of Social Services may, when it is
economically feasible for the department and the boards to develop an
automated process for complying with this subdivision, notify the
boards in a manner prescribed by the department, that the obligor is
once again not in compliance. Upon receipt of this notice, the board
shall immediately notify the obligor on a form prescribed by the
department that the obligor's license will be suspended on a specific
date, and this date shall be no longer than 30 days from the date
the form is mailed. The obligor shall be further notified that the
license will remain suspended until a new release is issued in
accordance with subdivision (h). Nothing in this section shall be
deemed to limit the obligor from seeking judicial review of
suspension pursuant to the procedures described in subdivision (k).
(m) The State Department of Social Services may enter into
interagency agreements with the state agencies that have
responsibility for the administration of boards necessary to
implement this section, to the extent that it is cost-effective to
implement this section. These agreements shall provide for the
receipt by the other state agencies and boards of federal funds to
cover that portion of costs allowable in federal law and regulation
and incurred by the state agencies and boards in implementing this
section. Notwithstanding any other provision of law, revenue
generated by a board or state agency shall be used to fund the
nonfederal share of costs incurred pursuant to this section. These
agreements shall provide that boards shall reimburse the State
Department of Social Services for the nonfederal share of costs
incurred by the department in implementing this section. The boards
shall reimburse the State Department of Social Services for the
nonfederal share of costs incurred pursuant to this section from
moneys collected from applicants and licensees.
(n) Notwithstanding any other provision of law, in order for the
boards subject to this section to be reimbursed for the costs
incurred in administering its provisions, the boards may, with the
approval of the appropriate department director, levy on all
licensees and applicants a surcharge on any fee or fees collected
pursuant to law, or, alternatively, with the approval of the
appropriate department director, levy on the applicants or licensees
named on a certified list or supplemental list, a special fee.
(o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a temporary
license or the denial or suspension of a license under this section.
The procedures specified in the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the denial, suspension, or failure to issue
or renew a license or the issuance of a temporary license pursuant to
this section.
(p) In furtherance of the public policy of increasing child
support enforcement and collections, on or before November 1, 1995,
the State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the district attorneys in a format prescribed by the State
Department of Social Services. The report shall contain all of the
following:
(1) The number of delinquent obligors certified by district
attorneys under this section.
(2) The number of support obligors who also were applicants or
licensees subject to this section.
(3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.
(4) The costs incurred in the implementation and enforcement of
this section.
(q) Any board receiving an inquiry as to the licensed status of an
applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under this
section shall respond only that the license was denied or suspended
or the temporary license was issued pursuant to this section.
Information collected pursuant to this section by any state agency,
board, or department shall be subject to the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
(r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as emergency
regulations in accordance with the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
The adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare. The regulations shall become
effective immediately upon filing with the Secretary of State.
(s) The State Department of Social Services and boards, as
appropriate, shall adopt regulations necessary to implement this
section.
(t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and
(l).
(u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.
(v) The State Board of Equalization shall enter into interagency
agreements with the State Department of Social Services and the
Franchise Tax Board that will require the State Department of Social
Services and the Franchise Tax Board to maximize the use of
information collected by the State Board of Equalization, for child
support enforcement purposes, to the extent it is cost-effective and
permitted by the Revenue and Taxation Code.
(w) The suspension or revocation of any driver's license,
including a commercial driver's license, under this section shall not
subject the licensee to vehicle impoundment pursuant to Section
14602.6 of the Vehicle Code.
(x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
(y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.
SEC. 51. Section 11350.7 of the Welfare and Institutions Code is
amended to read:
11350.7. (a) Notwithstanding any other provision of law, if any
support obligor is delinquent in the payment of support for at least
30 days and the district attorney is enforcing the support obligation
pursuant to Section 11475.1, the district attorney may collect the
delinquency or enforce any lien by levy served on all persons having
in their possession, or who will have in their possession or under
their control, any credits or personal property belonging to the
delinquent support obligor, or who owe any debt to the obligor at the
time they receive the notice of levy.
(b) A levy may be issued by a district attorney for a support
obligation which accrued under a court order or judgment if the
obligor had notice of the accrued support arrearage as provided in
this section, and did not make a timely request for review.
(c) The notice requirement shall be satisfied by the district
attorney sending a statement of support arrearages to the obligor at
the obligor's last known address by first-class mail, postage
prepaid. The notice shall advise the obligor of the amount of the
support arrearage. The notice shall advise the obligor that the
obligor may have the arrearage determination reviewed by
administrative procedures and state how such a review may be
obtained. The notice shall also advise the obligor of his or her
right to seek a judicial determination of arrearages pursuant to
Section 11350.8 and shall include a form to be filed with the court
to request a judicial determination of arrearages. If the obligor
requests an administrative review of the arrearage determination
within 20 days from the date the notice was mailed to the obligor,
the district attorney shall review the assessment or determination
and shall not issue the levy for a disputed amount of support until
the administrative review procedure is completed.
(d) If the obligor requests a judicial determination of the
arrearages within 20 days from the date the notice was mailed to the
obligor, the district attorney shall not issue the levy for a
disputed amount of support until the judicial determination is
complete.
(e) Any person upon whom a levy has been served having in his or
her possession or under his or her control any credits or personal
property belonging to the delinquent support obligor or owing any
debts to the delinquent support obligor at the time of receipt of the
levy or coming into his or her possession or under his or her
control within one year of receipt of the notice of levy, shall
surrender the credits or personal property to the district attorney
or pay to the district attorney the amount of any debt owing the
delinquent support obligor within 10 days of service of the levy, and
shall surrender the credits or personal property, or the amount of
any debt owing to the delinquent support obligor coming into his or
her own possession or control within one year of receipt of the
notice of levy within 10 days of the date of coming into possession
or control of the credits or personal property or the amount of any
debt owing to the delinquent support obligor.
(f) Any person who surrenders any credits or personal property or
pays the debts owing the delinquent support obligor to the district
attorney pursuant to this section shall be discharged from any
obligation or liability to the delinquent support obligor to the
extent of the amount paid to the district attorney as a result of the
levy.
(g) If the levy is made on a deposit or credits or personal
property in the possession or under the control of a bank, savings
and loan association, or other financial institution as defined by
Section 669A(d)(1) of Title 42 of the United States Code, the notice
of levy may be delivered or mailed to a centralized location
designated by the bank, savings and loan association, or other
financial institution pursuant to Section 689.040 of the Code of
Civil Procedure.
(h) Any person who is served with a levy pursuant to this section
and who fails or refuses to surrender any credits or other personal
property or pay any debts owing to the delinquent support obligor
shall be liable in his or her own person or estate to the district
attorney in an amount equal to the value of the credits or other
personal property or in the amount of the levy, up to the amount
specified in the levy.
(i) If any amount required to be paid pursuant to a levy under
this section is not paid when due, the district attorney may issue a
warrant for enforcement of any lien and for the collection of any
amount required to be paid to the district attorney under this
section. The warrant shall be directed to any sheriff, constable,
marshal, or the Department of the California Highway Patrol and shall
have the same force and effect as a writ of execution. The warrant
shall be levied and sale made pursuant to it in the manner and with
the same force and effect as a levy and sale pursuant to a writ of
execution. The district attorney may pay or advance to the levying
officer the same fees, commissions, and expenses for his or her
services under this section as are provided by law for similar
services pursuant to a writ of execution, except for those fees and
expenses for which the district attorney is exempt by law from
paying. The district attorney, and not the court, shall approve the
fees for publication in a newspaper.
(j) The fees, commissions, expenses, and the reasonable costs
associated with the sale of property levied upon by warrant or levy
pursuant to this section, including, but not limited to, appraisers'
fees, auctioneers' fees, and advertising fees are an obligation of
the support obligor and may be collected from the obligor by virtue
of the warrant or levy or in any other manner as though these items
were support payments delinquent for at least 30 days.
SEC. 52. Section 11352 of the Welfare and Institutions Code is
amended to read:
11352. In any action or judgment brought or obtained pursuant to
Section 11350, 11350.1, 11475.1, or 11476.1, a supplemental complaint
may be filed, pursuant to Section 464 of the Code of Civil Procedure
and Section 2330.1 of the Family Code, either before or after a
final judgment, seeking a judgment or order of paternity or support
for a child of the mother and father of the child whose paternity and
support are already in issue before the court. A supplemental
judgment entered in such proceedings shall include, when appropriate
and requested in the supplemental complaint, an order establishing or
modifying support for all children named in the original or
supplemental actions in conformity with the statewide uniform
guideline for child support. A supplemental complaint for paternity
or support of children may be filed without leave of court either
before or after final judgment in the underlying action. Service of
the supplemental summons and complaint shall be made in the manner
provided for the initial service of a summons by the Code of Civil
Procedure.
SEC. 53. Section 11356 of the Welfare and Institutions Code, as
amended by Section 3 of Chapter 14 of the Statutes of 1997, is
amended to read:
11356. (a) In any action filed by the district attorney pursuant
to Section 11350, 11350.1, or 11475.1, the court may, on any terms
that may be just, relieve the defendant from that part of the
judgment or order concerning the amount of child support to be paid.
This relief may be granted after the six-month time limit of Section
473 of the Code of Civil Procedure has elapsed, based on the
grounds, and within the time limits, specified in this section.
(b) This section shall apply only to judgments or orders for
support that were based upon presumed income as specified in
subdivision (c) of Section 11475.1 and that were entered after the
entry of the default of the defendant under Section 11355. This
section shall apply only to the amount of support ordered and not
that portion of the judgment or order concerning the determination of
parentage.
(c) The court may set aside the child support order contained in a
judgment described in subdivision (b) if the defendant's income was
substantially different for the period of time during which the
judgment was effective compared with the income defendant was
presumed to have. A "substantial difference" means that amount of
income that would result in an order for support that deviates from
the order entered by default by 20 percent or more. If the
difference between the defendant's actual income and the presumed
income would result in an order for support that deviates from the
order entered by default by less than 20 percent, the court may set
aside the child support order only if the court states in writing or
on the record that the defendant is experiencing an extreme financial
hardship due to the circumstances enumerated in Section 4071 of the
Family Code and that a set aside of the default judgment is necessary
to accommodate those circumstances.
(d) Application for relief under this section shall be accompanied
by a copy of the answer or other pleading proposed to be filed
together with an income and expense declaration or simplified
financial statement and tax returns for any relevant years. The
Judicial Council may combine the application for relief under this
section and the proposed answer into a single form.
(e) The burden of proving that the actual income of the defendant
deviated substantially from the presumed income shall be on the
defendant.
(f) A motion for relief under this section shall be filed within
90 days of the first collection of money by the district attorney or
the obligee. The 90-day time period shall run from the date that the
district attorney receives the first collection or from the date
that the defendant is served with notice of the collection, whichever
date occurs first. If service of the notice is by mail, the date of
service shall be as specified in Section 1013 of the Code of Civil
Procedure.
(g) In all proceedings under this section, before granting relief,
the court shall consider the amount of time that has passed since
the entry of the order, the circumstances surrounding the defendant's
default, the relative hardship on the child or children to whom the
duty of support is owed, the caretaker parent, and the defendant, and
other equitable factors that the court deems appropriate.
(h) If the court grants the relief requested, the court shall
issue a new child support order using the appropriate child support
guidelines currently in effect. The new order shall have the same
commencement date as the order set aside.
SEC. 54. Section 11475.15 is added to the Welfare and Institutions
Code, to read:
11475.15. (a) The district attorney may refer child support
obligations that are not delinquent, or past due amounts, to the
Franchise Tax Board pursuant to Section 19271.5 of the Revenue and
Taxation Code.
(b) The district attorney is the public agency responsible for
administering wage withholding for the purposes of Title IV-D of the
Social Security Act (42 U.S.C. Sec. 651 et seq.). To enhance child
support enforcement, the district attorney may delegate this
responsibility to the Franchise Tax Board for purposes of collecting
child support payments that are not delinquent, or past due amounts,
as authorized under subdivision (a) of Section 19271.5 of the
Revenue and Taxation Code.
Nothing in this section shall limit the authority of the district
attorney granted by other sections of this code or otherwise granted
by law, except to the extent that the law is inconsistent with the
authority to refer child support accounts to the Franchise Tax Board
for collection pursuant to Section 19271.5 of the Revenue and
Taxation Code.
SEC. 55. Section 11478 of the Welfare and Institutions Code is
amended to read:
11478. (a) All state, county, and local agencies shall cooperate
with the district attorney (1) in carrying out Chapter 8 (commencing
with Section 3130) of Part 2 of
Division 8 of the Family Code concerning the location,
seizure, and recovery of abducted, concealed, or detained minor
children, (2) in the enforcement of any child support obligation or
to the extent required under the state plan under Section 11475.2 of
this code, Chapter 6 (commencing with Section 4800) of Part 5 of
Division 9 of the Family Code, and Section 270 of the Penal Code, and
(3) the enforcement of spousal support orders and in the location of
parents or putative parents. This subdivision applies irrespective
of whether the children are or are not receiving aid to families with
dependent children.
(b) On request, all state, county, and local agencies shall supply
the district attorney of any county in this state or the California
Parent Locator Service with all information on hand relative to the
location, income, or property of any parents, putative parents,
spouses, or former spouses, notwithstanding any other provision of
law making the information confidential, and with all information on
hand relative to the location and prosecution of any person who has,
by means of false statement or representation or by impersonation or
other fraudulent device, obtained aid for a child under this chapter.
(c) The State Department of Social Services' Statewide Automated
Child Support System, or its replacement, shall be entitled to the
same cooperation and information provided to the California Parent
Locator Service, to the extent allowed by law. The Statewide
Automated Child Support System, or its replacement, shall be allowed
access to criminal offender record information only to the extent
that access is allowed by law.
(d) Information exchanged between the California Parent Locator
Service or the Statewide Automated Child Support System, or its
replacement, and state, county, or local agencies as specified in
Section 666(c)(1)(D) of Title 42 of the United States Code shall be
through automated processes to the maximum extent feasible.
SEC. 56. Section 11478.1 of the Welfare and Institutions Code is
amended to read:
11478.1. (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
11475.2 of this code and Chapter 6 (commencing with Section 4800) of
Part 5 of Division 9 of the Family Code.
(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 article, 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 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 former party, a good cause
claim under Section 11477.04 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 former party.
(3) Notwithstanding any other provision of law, a proof of service
filed by the district attorney shall not disclose the address where
service of process was accomplished. Instead, the district attorney
shall keep the address in his or her own records. The proof of
service shall specify that the address is on record at the district
attorney's office and that the address may be released only upon an
order from the court pursuant to paragraph (6) of subdivision (c).
(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 any other plan or program described in Section 303.21 of
Title 45 of the Code of Federal Regulations.
(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) Income and expense information 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 Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 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 3 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 district
attorney 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 minor 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.
(d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this section, 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 section, "obligor" means any person owing
a duty of support.
(3) As used in this chapter, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
district attorney is attempting to establish paternity or establish,
modify, or enforce support pursuant to Section 11475.1.
(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.
SEC. 57. Section 11478.2 of the Welfare and Institutions Code is
amended to read:
11478.2. (a) In all actions involving paternity or support,
including, but not limited to, proceedings under the Family Code, and
under this division, the district attorney and Attorney General
represent the public interest in establishing, modifying, and
enforcing support obligations. No attorney-client relationship shall
be deemed to have been created between the district attorney or
Attorney General and any person by virtue of the action of the
district attorney or the Attorney General in carrying out these
statutory duties.
(b) The provisions of subdivision (a) are declarative of existing
law.
(c) In all requests for services of the district attorney or
Attorney General pursuant to Section 11475.1 relating to actions
involving paternity or support, not later than the same day an
individual makes a request for these services in person, and not
later than five working days after either (1) a case is referred for
services from the county welfare department, (2) receipt of a request
by mail for an application for services, or (3) an individual makes
a request for services by telephone, the district attorney or
Attorney General shall give notice to the individual requesting
services or on whose behalf services have been requested that the
district attorney or Attorney General does not represent the
individual or the children who are the subject of the case, that no
attorney-client relationship exists between the district attorney or
Attorney General and those persons, and that no such representation
or relationship shall arise if the district attorney or Attorney
General provides the services requested. Notice shall be in bold
print and in plain English and shall be translated into the language
understandable by the recipient when reasonable. The notice shall
include the advice that the absence of an attorney-client
relationship means that communications from the recipient are not
privileged and that the district attorney or Attorney General may
provide support enforcement services to the other parent in the
future.
(d) The district attorney or Attorney General shall give the
notice required pursuant to subdivision (c) to all recipients of
services under Section 11475.1 who have not otherwise been provided
that notice, not later than the date of the next annual notice
required under Section 11476.2. This notice shall include
notification to the recipient of services under Section 11475.1 that
the recipient may inspect the clerk's file at the county clerk's
office, and that, upon request, the district attorney, or, if
appropriate, the Attorney General, will furnish a copy of the most
recent order entered in the case.
(e) The district attorney, or, if appropriate, the Attorney
General, shall serve a copy of the complaint for paternity or
support, or both on recipients of support services under Section
11475.1, as specified in paragraph (2) of subdivision (e) of Section
11350.1. A notice shall accompany the complaint which informs the
recipient that the district attorney or Attorney General may enter
into a stipulated order resolving the complaint, and that if the
recipient wishes to assist the prosecuting attorney, he or she should
send all information on the noncustodial parent's earnings and
assets to the prosecuting attorney.
(f) (1) The district attorney or Attorney General shall provide
written notice to recipients of services under Section 11475.1 of the
initial date and time, and purpose of every hearing in a civil
action for paternity or support. The notice shall include the
following language:
IMPORTANT NOTICE
It may be important that you attend the hearing. The district
attorney does not represent you or your children. You may have
information about the noncustodial parent, such as information about
his or her income or assets, or your need for support that will not
be presented to the court unless you attend the hearing. You have
the right to be heard in court and tell the court what you think the
court should do with the child support order.
If you have a court order for support that arose as part of your
divorce, this hearing could change your rights or your children's
rights to support. You have the right to attend the hearing and, the
right, to be heard.
If you would like to attend the hearing and be told about any changes
to the hearing date or time, notify this office by ____. The
district attorney or Attorney General will then have to tell you
about any changes to the hearing date or time.
(2) The notice shall state the purpose of the hearing or be
attached to the motion or other pleading which caused the hearing to
be scheduled.
(3) The notice shall be provided separate from all other material
and shall be in at least 14-point type. The failure of the district
attorney or Attorney General to comply with this subdivision shall
not affect the validity of any order.
(4) The notice shall be provided not later than seven calendar
days prior to the hearing, or, if the district attorney or Attorney
General receives notice of the hearing less than seven days prior to
the hearing, within two days of the receipt by the district attorney
or Attorney General of the notice of the hearing.
(5) The district attorney or Attorney General shall, in order to
implement this subdivision, make reasonable efforts to ensure that
the district attorney or Attorney General has current addresses for
recipients of support enforcement services.
(g) The district attorney or Attorney General shall give notice to
recipients of services under Section 11475.1 of every order obtained
by the district attorney or Attorney General that establishes or
modifies the support obligation for the recipient or the children who
are the subject of the order, by sending a copy of the order to the
recipient. The notice shall be made within 30 calendar days after
the order has been filed. The district attorney or Attorney General
shall also give notice to these recipients of every order obtained in
any other jurisdiction, that establishes or modifies the support
obligation for the recipient or the children who are the subject of
the order, and which is received by the district attorney or Attorney
General, by sending a copy of the order to the recipient within the
timeframe specified by federal law after the district attorney or
Attorney General has received a copy of the order. In any action
enforced under Chapter 6 (commencing with Section 4800) of Part 5 of
Division 9 of the Family Code, the notice shall be made in compliance
with the requirements of that chapter. The failure of the district
attorney or Attorney General to comply with this subdivision shall
not affect the validity of any order.
(h) The district attorney or Attorney General shall give notice to
the noncustodial parent against whom a civil action is filed that
the district attorney or Attorney General is not the attorney
representing any individual, including, but not limited to, the
custodial parent, the child, or the noncustodial parent.
(i) Nothing in this section shall be construed to preclude any
person who is receiving services under Section 11475.1 from filing
and prosecuting an independent action to establish, modify, and
enforce an order for current support on behalf of himself or herself
or a child if that person is not receiving public assistance.
(j) A person who is receiving services under Section 11475.1 but
who is not currently receiving public assistance on his or her own
behalf or on behalf of a child shall be asked to execute, or consent
to, any stipulation establishing or modifying a support order in any
action in which that person is named as a party, before the
stipulation is filed. The district attorney or Attorney General
shall not submit to the court for approval a stipulation to establish
or modify a support order in such an action without first obtaining
the signatures of all parties to the action, their attorneys of
record, or persons authorized to act on their behalf.
(k) The district attorney or Attorney General shall not enter into
a stipulation which reduces the amount of past due support,
including interest and penalties accrued pursuant to an order of
current support, on behalf of a person who is receiving support
enforcement services under Section 11475.1 and who is owed support
arrearages that exceed unreimbursed public assistance paid to the
recipient of the support enforcement services, without first
obtaining the consent of the person who is receiving services under
Section 11475.1 on his or her own behalf or on behalf of the child.
(l) The notices required in this section shall be provided in the
following manner:
(1) In all cases in which the person receiving services under
Section 11475.1 resides in California, notice shall be provided by
mailing the item by first-class mail to the last known address of, or
personally delivering the item to, that person.
(2) In all actions enforced under Chapter 6 (commencing with
Section 4800) of Part 5 of Division 9 of the Family Code, unless
otherwise specified, notice shall be provided by mailing the item by
first-class mail to the initiating court.
(m) Notwithstanding any other provision of this section, the
notices provided for pursuant to subdivisions (c) to (g), inclusive,
shall not be required in foster care cases.
SEC. 58. Section 11478.5 of the Welfare and Institutions Code is
amended to read:
11478.5. (a) There is in the Department of Justice the California
Parent Locator Service and Central Registry which 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
19285.1 of the Revenue and Taxation Code, and the address, telephone
number, and social security information obtained from a public
utility or cable television corporation 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 11475.2.
(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) To effectuate the purposes of this section, the Statewide
Automated Child Support System, or its replacement, the California
Parent Locator Service and Central Registry, and the Franchise Tax
Board 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 which will enable the State Department of Social
Services, the Department of Justice, 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 district
attorney 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 the Family Code, relating to abducted, concealed,
or detained children. The State Department of Social Services'
Statewide Automated Child Support System, or its replacement, shall
be entitled to the same cooperation and information as the California
Parent Locator Service, to the extent allowed by law. The Statewide
Automated Child Support System, or its replacement, shall be allowed
access to criminal record information only to the extent that access
is allowed by state and federal law.
(c) (1) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation, or
tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the Statewide
Automated Child Support System, or its replacement, may request and
shall receive from public utilities, as defined in Section 216 of the
Public Utilities Code, and cable television corporations, as defined
in Section 215.5, 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 or the cable television corporation, to the extent that this
information is stored within the computer data base of the public
utility or the cable television corporation.
(2) In order to protect the privacy of utility and cable
television customers, a request to a public utility or cable
television corporation for customer service information pursuant to
this section shall meet the following requirements:
(A) Be submitted to the public utility or cable television
corporation in writing, on a transmittal document prepared by the
California Parent Locator Service and Central Registry or the
Statewide Automated Child Support System, or its replacement, and
approved by all of the public utilities and cable television
corporations. 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
Statewide Automated Child Support System, or its replacement.
(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 Statewide Automated Child Support System, or its replacement,
shall ensure that each public utility and cable television
corporation has at all times a current list of the names of persons
authorized to request customer service information.
(E) The California Statewide Automated Child Support System, or
its replacement, and the California Parent Locator Service and
Central Registry shall ensure that customer service information
supplied by a public utility or cable television corporation is
applicable to the person who is being sought before releasing the
information pursuant to subdivision (d).
(3) The public utility or cable television corporation may charge
a fee to the California Parent Locator Service and Central Registry
or the Statewide Automated Child Support System, or its replacement,
for each search performed pursuant to this subdivision to cover the
actual costs to the public utility or cable television corporation
for providing this information.
(4) No public utility or cable television corporation, 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.
(d) Notwithstanding Section 14202 of the Penal Code, any records
established pursuant to this section shall be disseminated only to
the Department of Justice, the Statewide Automated Child Support
System or its replacement, 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
district attorney of any county in this state, the federal Parent
Locator Service, and official child support enforcement agencies.
The State Department of Social Services' Statewide Automated Child
Support Enforcement System, or its replacement, shall be allowed
access to criminal offender record information only to the extent
that access is allowed by law.
(e) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
Statewide Automated Child Support System, or its replacement, be
disclosed to any person, agency, or other entity, other than those
persons, agencies, and entities
specified pursuant to Section 11478, this section, or any
other provision of law.
(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.
(f) (1) The Department of Justice, in consultation with the State
Department of Social Services, shall promulgate rules and regulations
to facilitate maximum and efficient use of the California Parent
Locator Service and Central Registry.
(2) The State Department of Social Services, the Public Utilities
Commission, and the cable television corporations shall develop
procedures for obtaining the information described in subdivision (c)
from public utilities, and for compensating the public utilities and
cable television corporations for providing that information.
(g) 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 Part D (commencing with Section 651) of Subchapter IV of
Chapter 7 of Title 42 of the United States Code.
(h) This section shall be construed in a manner consistent with
the other provisions of this article.
SEC. 59. Section 11478.51 of the Welfare and Institutions Code is
amended to read:
11478.51. The Employment Development Department shall, when
requested by the State Department of Social Services, the Franchise
Tax Board for purposes of administering Article 5 (commencing with
Section 19271) of Chapter 5 of Part 10.2 of Division 2 of the Revenue
and Taxation Code, the federal Parent Locator Service, or the
California Parent Locator Service, provide access to information
collected pursuant to Section 1088.5 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 food stamps under Chapter 10 (commencing with Section
18900) of Part 6.
SEC. 60. Section 11478.8 of the Welfare and Institutions Code is
amended to read:
11478.8. (a) Upon receipt of a written request from a district
attorney enforcing the obligation of parents to support their
children pursuant to Section 11475.1, or from an agency of another
state enforcing support obligations pursuant to Section 654 of Title
42 of the United States Code, every employer, as specified in Section
5210 of the Family Code, and every labor organization shall
cooperate with and provide relevant employment and income information
which they have in their possession to the district attorney or
other requesting agency for the purpose of establishing, modifying,
or enforcing the support obligation. No employer or labor
organization shall incur any liability for providing this information
to the district attorney or other requesting agency.
Relevant employment and income information shall include, but not
be limited to, all of the following:
(1) Whether a named person has or has not been employed by an
employer or whether a named person has or has not been employed to
the knowledge of the labor organization.
(2) The full name of the employee or member or the first and
middle initial and last name of the employee or member.
(3) The employee's or member's last known residence address.
(4) The employee's or member's date of birth.
(5) The employee's or member's social security number.
(6) The dates of employment.
(7) All earnings paid to the employee or member and reported as
W-2 compensation in the prior tax year and the employee's or member's
current basic rate of pay.
(8) Other earnings, as specified in Section 5206 of the Family
Code, paid to the employee or member.
(9) Whether dependent health insurance coverage is available to
the employee through employment or membership in the labor
organization.
The district attorney or other agency shall notify the employer
and labor organization of the district attorney case file number in
making a request pursuant to this section. The written request shall
include at least three of the following elements regarding the
person who is the subject of the inquiry: (A) first and last name
and middle initial, if known; (B) social security number; (C) driver'
s license number; (D) birth date; (E) last known address; or (F)
spouse's name.
The district attorney or other requesting agency shall send a
notice that a request for this information has been made to the last
known address of the person who is the subject of the inquiry.
(b) An employer or labor organization which fails to provide
relevant employment information to the district attorney or other
requesting agency within 30 days of receiving a request pursuant to
subdivision (a) may be assessed a civil penalty of a maximum of one
thousand dollars ($1,000), plus attorneys' fees and costs.
Proceedings to impose the civil penalty shall be commenced by the
filing and service of an order to show cause.
(c) "Labor organization," for the purposes of this section means a
labor organization as defined in Section 1117 of the Labor Code or
any related benefit trust fund covered under the federal Employee
Retirement Income Security Act of 1974 (Chapter 18 (commencing with
Section 1001) of Title 29 of the United States Code).
(d) Any reference to the district attorney in this section shall
apply only when the district attorney is otherwise ordered or
required to act pursuant to existing law. Nothing in this section
shall be deemed to mandate additional enforcement or collection
duties upon the district attorney beyond those imposed under existing
law on the effective date of this section.
SEC. 61. Section 11478.9 is added to the Welfare and Institutions
Code, to read:
11478.9. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child abduction and recovery programs, by
ensuring the confidentiality of 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
11475.2 of this code and Chapter 6 (commencing with Section 4800) of
Part 5 of Division 9 of the Family Code.
(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 this subdivision, all files,
applications, papers, documents, and records, established or
maintained by any public entity for the purpose of locating an
abducted child, locating a person who has abducted a child, or
prosecution of a person who has abducted a child shall be
confidential, and shall not be open to examination or released for
disclosure for any purpose not directly connected with locating or
recovering the abducted child or abducting person or prosecution of
the abducting person.
(2) Except as provided in subdivision (c), no public entity shall
disclose any file, application, paper document, or record described
in this section, or the information contained therein.
(c) (1) All files, application, 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 prosecution conducted in
connection with the child abduction or prosecution of the abducting
person.
(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) Public records subject to disclosure under Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code may be released.
(4) After a noticed motion and a finding by the court, in a case
in which child recovery or abduction prosecution actions are being
taken, that release or disclosure is required by due process of law,
the court may order a public entity that possesses an application,
paper, document, or record described in this subdivision to make that
item available to the defendant or other party for examination or
copying, or to disclose to an appropriate person 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.
(5) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a minor child, or location of a concealed or abducted child
or the location of the concealing or abducting person, may be
disclosed to 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.
(6) Information may be released to any state or local agency for
the purposes connected with establishing, modifying, and enforcing
child support obligations, enforcing spousal support orders, and
determining paternity as required by Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code and this article.
SEC. 62. Section 11489 of the Welfare and Institutions Code is
amended to read:
11489. After judgment in any court action brought to enforce the
support obligation of a noncustodial parent pursuant to the
provisions of this chapter, the court shall issue an earnings
assignment order for support pursuant to Chapter 8 (commencing with
Section 5200) of Part 5 of Division 9 of the Family Code.
SEC. 63. Section 14008.6 of the Welfare and Institutions Code is
amended to read:
14008.6. As a condition of eligibility for medical services
provided under this chapter or Chapter 8 (commencing with Section
14200), each applicant or beneficiary shall:
(a) Assign to the state any rights to medical support and to
payments for medical care from a third party that an individual may
have in his of her own behalf or in behalf of any other family member
for whom that individual has the legal authority to assign such
rights, and is applying for or receiving medical services. Receipt
of medical services under this chapter or Chapter 8 (commencing with
Section 14200) shall operate as an assignment by operation of law.
If those rights are assigned pursuant to this subdivision, the
assignee may become an assignee of record by the district attorney or
other public official filing with the court clerk an affidavit
showing that an assignment has been made or that there has been an
assignment by operation of law. This procedure does not limit any
other means by which the assignee may become an assignee of record.
(b) Cooperate, as defined by subdivision (b) of Section 11477,
with the district attorney in establishing the paternity of a child
born out of wedlock with respect to whom medical services are
requested or claimed, and for whom that individual can legally assign
the rights described in subdivision (a), and in obtaining any
medical support, as provided in Section 11475.1, and payments, as
described in subdivision (a), due any person for whom medical
services are requested or obtained.
(c) Cooperate with the state in identifying and providing
information to assist the state in pursuing any third party who may
be liable to pay for care and services available under the Medi-Cal
program.
(d) The district attorney shall verify that the applicant or
recipient refused to offer reasonable cooperation prior to
determining that the applicant or recipient is ineligible. The
granting of medical services shall not be delayed or denied if the
applicant is otherwise eligible, if the applicant completes the
necessary forms and agrees to cooperate with the district attorney in
securing medical support and determining paternity, where
applicable.
(e) An applicant or beneficiary shall be considered to be
cooperating with the district attorney's office and shall be eligible
for medical services, if otherwise eligible, if the applicant or
beneficiary cooperates to the best of his or her ability or has good
cause for refusal to cooperate with the requirements in subdivisions
(b) and (c), as defined by Section 11477.04. The county welfare
department shall make the determination of whether good cause for
refusal to cooperate exists.
The county welfare department and the district attorney shall
ensure that all applicants for or beneficiaries of medical services
under this chapter or Chapter 8 (commencing with Section 14200) are
properly notified of the conditions imposed by this section.
SEC. 64. Section 14008.7 is added to the Welfare and Institutions
Code, to read:
14008.7. If the applicant or beneficiary does not cooperate in
the manner described in subdivisions (b) and (c) of Section 14008.6
to establish paternity and medical support orders against the
noncustodial parents of each of the children for whom Medi-Cal
services are requested or received, without good cause, as described
in Section 11477.04, the applicant or beneficiary shall be ineligible
for aid under this chapter or Chapter 8 (commencing with Section
14200). An applicant's or beneficiary's refusal to cooperate shall
not effect the eligibility of the child or children. If otherwise
eligible, the child or children may be granted Medi-Cal or continue
to receive Medi-Cal.
SEC. 65. This act shall become operative only if Assembly Bill
1395 and Senate Bill 247, both of the 1997-98 Regular Session, are
enacted and become effective on or before January 1, 1998.