BILL NUMBER: AB 1671	CHAPTERED  10/10/99

	CHAPTER   980
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 9, 1999
	AMENDED IN SENATE   SEPTEMBER 7, 1999
	AMENDED IN SENATE   SEPTEMBER 2, 1999
	AMENDED IN SENATE   JUNE 30, 1999
	AMENDED IN ASSEMBLY   APRIL 27, 1999
	AMENDED IN ASSEMBLY   APRIL 15, 1999

INTRODUCED BY   Committee on Judiciary (Kuehl (Chair), Aroner,
Corbett, Hertzberg, Jackson, Knox, Shelley, and Steinberg)

                        MARCH 15, 1999

   An act to amend Sections 215, 243, 3011, 3020, 3021, 4065, 4508,
6341, and 17400 of, to add Sections 126, 3046, 5000, 5001, 5002, and
17523 to, the Family Code, to amend Sections 19271.6, 19272, and
19273 of the Revenue and Taxation Code, and to amend Sections 213.5
and 11475.1 of, to amend and renumber Section 18205 of, and to add
Section 11350.75 to, the Welfare and Institutions Code, relating to
family law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1671, Committee on Judiciary.  Family law:  child custody and
support.
   (1) Existing law provides for proceedings to determine the custody
of a child.
   This bill would specify that these provisions apply to proceedings
to determine the physical or legal custody of a child.
   (2) Existing law specifies matters to be considered by the court
when granting custody of a child or otherwise determining the best
interest of the child.
   This bill would prohibit the court from considering the absence or
relocation of a party as a factor in determining custody or
visitation in specified circumstances.
   (3) Existing law provides that an order or judgment to pay child
support may require a child support obligor to designate an account
for the purpose of paying the child support obligation by electronic
funds transfer, and may require the obligor to deposit funds in an
account with a financial institution for that purpose.  However,
existing law provides that if the obligor does not have an account,
the court may not require the obligor to establish an account.
   This bill would provide that the court may require the obligor to
establish an account.
   (4) Existing law, known as the Uniform Interstate Family Support
Act, provides procedures for interstate establishment, modification,
registration, and enforcement of support orders.
   This bill would provide additional procedures relating to the
issuance of a summons or order to show cause upon commencement of
proceedings under the act and the transfer of proceedings to a court
in another county or state in specified circumstances.  In
proceedings under the act prosecuted by the district attorney or
Attorney General, the bill would authorize service on the respondent
of a proposed form of judgment, as specified, with the summons and
petition, which form would include specified information regarding
the respondent's presumed income, and would specify that a respondent
may obtain relief from a judgment obtained pursuant to that
presumption of income according to provisions of existing law.
Because the bill would impose additional duties on court personnel,
this bill would create a state-mandated local program.
   (5) Existing law authorizes the court, in proceedings under the
Domestic Violence Prevention Act, to issue an order for support of a
child if the respondent is the child's presumed father.
   This bill would additionally authorize that order to be entered in
those proceedings if the parties are married to each other and no
other child support order exists.
   (6) Existing law provides for the collection of child support
delinquencies by the Franchise Tax Board.
   This bill would, effective July 1, 2000, require the Department of
Justice, Child Support Program, to compile a file of support
obligors with out-of-state arrearages and forward that file to the
Franchise Tax Board and would make technical changes.
   (7) Existing law authorizes the court, in proceedings to declare a
child a dependent child or ward of the juvenile court to issue
specified restraining orders against the child's parent, guardian, or
other specified persons.  Those orders may remain in effect, at the
discretion of the court, for up to one year.  Violation of those
restraining orders is a misdemeanor.
   This bill would authorize those restraining orders to remain in
effect for up to 3 years.  By expanding the duration of the orders,
the bill would expand the scope of an existing crime, thus imposing a
state-mandated local program.
   (8) Existing law provides that judgments for child support are
enforceable in generally the same manner as money judgments,
including by the creation of a judgment lien on real property, as
specified.
   This bill would, in cases where the local child support agency is
enforcing a delinquent support obligation, provide for the creation
of a lien on the personal property, as defined, of the support
obligor in specified circumstances.  The bill would also specify
priorities between child support liens, state tax liens, and other
liens and provide that a personal property lien for support arising
in another state would be enforceable in this state.
   (9) Existing law requires each county to maintain a child support
unit in the district attorney's office.  Existing law requires the
Judicial Council to develop simplified summons, complaint, and answer
forms for support actions brought under these provisions, and
requires the simplified complaint form in certain instances to inform
the defendant that income shall be presumed in an amount that
results in a court order equal to the minimum basic standard of
adequate care.
   This bill would provide that this minimum basic standard of
adequate care is that for Region I.
   (10) Existing law authorizes the Director of Social Services to
approve county demonstration projects to provide employment and
training services to nonsupporting, noncustodial parents of children
receiving aid under the CalWORKs program.
   This bill would expand the eligibility for those services, within
budgeted resources, to nonsupporting, noncustodial parents of
children receiving other types of aid, as specified.
   (11) This bill would incorporate additional changes to Section
213.5 of the Welfare and Institutions Code, made by this bill and AB
825 to take effect if both bills are enacted and this bill is enacted
last.
   (12) This bill would incorporate additional changes to Sections
19272 of the Revenue and Taxation Code and 18205 of the Welfare and
Institutions Code, made by this bill and SB 542 to take effect if
both bills are enacted and this bill is enacted last.
   (13) This bill would provide that certain of its provisions would
be operative in the Family Code if AB 196 is enacted and becomes
operative, otherwise those provisions would become operative in the
Welfare and Institutions Code.  The bill would also incorporate
additional changes to Section 17400 of the Family Code proposed by AB
196 and SB 542 to take effect if either or both of those bills are
enacted and this bill is enacted last. It also would make additional
changes contingent upon the enactment of AB 380 as specified.
  (14) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 126 is added to the Family Code, to read:
   126.  "Petitioner" includes plaintiff, where appropriate.
  SEC. 2.  Section 215 of the Family Code is amended to read:
   215.  After entry of a judgment of dissolution of marriage,
nullity of marriage, legal separation of the parties, or paternity,
or after a permanent order in any other proceeding in which there was
at issue the visitation, custody, or support of a child, no
modification of the judgment or order, and no subsequent order in the
proceedings, is valid unless any prior notice otherwise required to
be given to a party to the proceeding is served, in the same manner
as the notice is otherwise permitted by law to be served, upon the
party.  For the purposes of this section, service upon the attorney
of record is not sufficient.
  SEC. 3.  Section 243 of the Family Code is amended to read:
   243.  (a) When the matter first comes up for hearing, the
applicant must be ready to proceed.
   (b) If an order described in Section 240 has been issued without
notice pending the hearing, the applicant must have served on the
respondent, at least five days before the hearing, a copy of each of
the following:
   (1) The order to show cause.
   (2) The application and the affidavits and points and authorities
in support of the application.
   (3) Any other supporting papers filed with the court.
   (c) If the applicant fails to comply with subdivisions (a) and
(b), the court shall dissolve the order.
   (d) If service is made under subdivision (b), the respondent is
entitled, as of course, to one continuance for a reasonable period,
to respond to the application for the order.
   (e) On motion of the applicant or on its own motion, the court may
shorten the time provided in this section for service on the
respondent.
   (f) The respondent may, in response to the order to show cause,
present affidavits relating to the granting of the order, and if the
affidavits are served on the applicant at least two days before the
hearing, the applicant is not entitled to a continuance on account of
the affidavits.
  SEC. 4.  Section 3011 of the Family Code is amended to read:
   3011.  In making a determination of the best interest of the child
in a proceeding described in Section 3021, the court shall, among
any other factors it finds relevant, consider all of the following:
   (a) The health, safety, and welfare of the child.
   (b) Any history of abuse by one parent or any other person seeking
custody against any of the following:
   (1) Any child to whom he or she is related by blood or affinity or
with whom he or she has had a caretaking relationship, no matter how
temporary.
   (2) The other parent.
   (3) A parent, current spouse, or cohabitant, of the parent or
person seeking custody, or a person with whom the parent or person
seeking custody has a dating or engagement relationship.
   As a prerequisite to the consideration of allegations of abuse,
the court may require substantial independent corroboration,
including, but not limited to, written reports by law enforcement
agencies, child protective services or other social welfare agencies,
courts, medical facilities, or other public agencies or private
nonprofit organizations providing services to victims of sexual
assault or domestic violence.  As used in this subdivision, "abuse
against a child" means "child abuse" as defined in Section 11165.6 of
the Penal Code and abuse against any of the other persons described
in paragraph (2) or (3) means "abuse" as defined in Section 6203 of
this code.
   (c) The nature and amount of contact with both parents, except as
provided in Section 3046.
   (d) The habitual or continual illegal use of controlled substances
or habitual or continual abuse of alcohol by either parent.  Before
considering these allegations, the court may first require
independent corroboration, including, but not limited to, written
reports from law enforcement agencies, courts, probation departments,
social welfare agencies, medical facilities, rehabilitation
facilities, or other public agencies or nonprofit organizations
providing drug and alcohol abuse services.  As used in this
subdivision, "controlled substances" has the same meaning as defined
in the California Uniform Controlled Substances Act, Division 10
(commencing with Section 11000) of the Health and Safety Code.
   (e) (1) Where allegations about a parent pursuant to subdivision
(b) or (d) have been brought to the attention of the court in the
current proceeding, and the court makes an order for sole or joint
custody to that parent, the court shall state its reasons in writing
or on the record.  In these circumstances, the court shall ensure
that any order regarding custody or visitation is specific as to
time, day, place, and manner of transfer of the child as set forth in
subdivision (b) of Section 6323.
   (2) The provisions of this subdivision shall not apply if the
parties stipulate in writing or on the record regarding custody or
visitation.
  SEC. 5.  Section 3020 of the Family Code is amended to read:
   3020.  (a) The Legislature finds and declares that it is the
public policy of this state to assure that the health, safety, and
welfare of children shall be the court's primary concern in
determining the best interest of children when making any orders
regarding the physical or legal custody or visitation of children.
The Legislature further finds and declares that the perpetration of
child abuse or domestic violence in a household where a child resides
is detrimental to the child.
   (b) The Legislature finds and declares that it is the public
policy of this state to assure that children have frequent and
continuing contact with both parents after the parents have separated
or dissolved their marriage, or ended their relationship, and to
encourage parents to share the rights and responsibilities of child
rearing in order to effect this policy, except where the contact
would not be in the best interest of the child, as provided in
Section 3011.
   (c) Where the policies set forth in subdivisions (a) and (b) of
this section are in conflict, any court's order regarding physical or
legal custody or visitation shall be made in a manner that ensures
the health, safety, and welfare of the child and the safety of all
family members.
  SEC. 6.  Section 3021 of the Family Code is amended to read:
   3021.  This part applies in any of the following:
   (a) A proceeding for dissolution of marriage.
   (b) A proceeding for nullity of marriage.
   (c) A proceeding for legal separation of the parties.
   (d) An action for exclusive custody pursuant to Section 3120.
   (e) A proceeding to determine physical or legal custody or for
visitation in a proceeding pursuant to the Domestic Violence
Prevention Act (Division 10 (commencing with Section 6200)).
   In an action under Section 6323, nothing in this subdivision shall
be construed to authorize physical or legal custody, or visitation
rights, to be granted to any party to a Domestic Violence Prevention
Act proceeding who has not established a parent and child
relationship pursuant to paragraph (2) of subdivision (a) of Section
6323.
   (f) A proceeding to determine physical or legal custody or
visitation in an action pursuant to the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12).
   (g) A proceeding to determine physical or legal custody or
visitation in an action brought by the district attorney pursuant to
Section 11350.1 of the Welfare and Institutions Code.
  SEC. 7.  Section 3046 is added to the Family Code, to read:
   3046.  (a) If a party is absent or relocates from the family
residence, the court shall not consider the absence or relocation as
a factor in determining custody or visitation in either of the
following circumstances:
   (1) The absence or relocation is of short duration and the court
finds that, during the period of absence or relocation, the party has
demonstrated an interest in maintaining custody or visitation, the
party maintains, or makes reasonable efforts to maintain, regular
contact with the child, and the party's behavior demonstrates no
intent to abandon the child.
   (2) The party is absent or relocates because of an act or acts of
actual or threatened domestic or family violence by the other party.

   (b) The court may consider attempts by one party to interfere with
the other party's regular contact with the child in determining if
the party has satisfied the requirements of subdivision (a).
   (c)  This section does not apply to the following:
   (1)  A party against whom a protective or restraining order has
been issued excluding the party from the dwelling of the other party
or the child, or otherwise enjoining the party from assault or
harrassment against the other party or the child, including, but not
limited to, orders issued under Part 4 (commencing with Section 6300)
of Division 10, orders preventing civil harassment or workplace
violence issued pursuant to Section 527.6 or 527.8 of the Code of
Civil Procedure, and criminal protective orders issued pursuant to
Section 136.2 of the Penal Code.
   (2) A party who abandons a child as provided in Section 7822.
  SEC. 8.  Section 4065 of the Family Code is amended to read:
   4065.  (a) Unless prohibited by applicable federal law, the
parties may stipulate to a child support amount subject to approval
of the court.  However, the court shall not approve a stipulated
agreement for child support below the guideline formula amount unless
the parties declare all of the following:
   (1) They are fully informed of their rights concerning child
support.
   (2) The order is being agreed to without coercion or duress.
   (3) The agreement is in the best interests of the children
involved.
   (4) The needs of the children will be adequately met by the
stipulated amount.
   (5) The right to support has not been assigned to the county
pursuant to Section 11477 of the Welfare and Institutions Code and no
public assistance application is pending.
   (b) The parties may, by stipulation, require the child support
obligor to designate an account for the purpose of paying the child
support obligation by electronic funds transfer pursuant to Section
4508.
   (c) A stipulated agreement of child support is not valid unless
the district attorney has joined in the stipulation by signing it in
any case in which the district attorney is providing services
pursuant to Section 11475.1 of the Welfare and Institutions Code.
The district attorney shall not stipulate to a child support order
below the guideline amount if the children are receiving assistance
under the CalWORKs program, if an application for public assistance
is pending, or if the parent receiving support has not consented to
the order.
   (d) If the parties to a stipulated agreement stipulate to a child
support order below the amount established by the statewide uniform
guideline, no change of circumstances need be demonstrated to obtain
a modification of the child support order to the applicable guideline
level or above.
  SEC. 9.  Section 4508 of the Family Code is amended to read:
   4508.  (a) This section does not apply to any child support
obligor who is subject to an earnings assignment order pursuant to
Chapter 8 (commencing with Section 5200).
   (b) Except as provided in subdivision (a), every order or judgment
to pay child support may require a child support obligor to
designate an account for the purpose of paying the child support
obligation by electronic funds transfer, as defined in subdivision
(a) of Section 6479.5 of the Revenue and Taxation Code.  The order or
judgment may require the obligor to deposit funds in an
interest-bearing account with a state or federally chartered
commercial bank, a savings and loan association, or in shares of a
federally insured credit union doing business in this state, and
shall require the obligor to maintain funds in the account sufficient
to pay the monthly child support obligation.  The court may order
that each payment be electronically transferred to either the obligee'
s account or the district attorney's account.  The obligor shall be
required to notify the obligee if the depository institution or the
account number is changed.  No interest shall accrue on any amount
subject to electronic funds transfer as long as funds are maintained
in the account that are sufficient to pay the monthly child support
obligation.
  SEC. 10.  Section 5000 is added to the Family Code, to read:
   5000.  (a) When a petition or comparable pleading pursuant to this
chapter is filed in a court of this state, the district attorney or
petitioner may either (1) request the issuance of a summons or (2)
request the court to issue an order requiring the respondent to
appear personally at a specified time and place to show cause why an
order should not be issued as prayed in the petition or comparable
pleading on file.
   (b) If a summons is issued for a petition or comparable pleading
pursuant to this chapter, the district attorney or petitioner shall
cause a copy of the summons, petition, and other documents to be
served upon the respondent according to law.
   (c) If an order to show cause is issued on a petition or
comparable pleading pursuant to this chapter requiring the respondent
to appear at a specified time and place to respond to the petition,
a copy of the order to show cause, the petition, and other documents
shall be served upon the respondent at least 15 days prior to the
hearing.
   (d) A petition or comparable pleading pursuant to this chapter
served upon a respondent in accordance with this section shall be
accompanied by a blank responsive form that shall permit the
respondent to answer the petition and raise any defenses by checking
applicable boxes and by a blank income and expense declaration or
simplified financial statement together with instructions for
completion of the forms.
  SEC. 11.  Section 5001 is added to the Family Code, to read:
   5001.  (a) If, prior to filing, a petition or comparable pleading
pursuant to this chapter is received by the district attorney or the
superior court and the county in which the pleadings are received is
not the appropriate jurisdiction for trial of the action, the court
or the district attorney shall forward the pleadings and any
accompanying documents to the appropriate court of this state or to
the jurisdiction of another state without filing the pleadings or
order of the court, and shall notify the petitioner, the California
Central Registry, and the district attorney of the receiving county
where and when the pleading was sent.
   (b) If, after a petition or comparable pleading pursuant to this
chapter has been filed with the superior court of a county, it
appears that the respondent is not or is no longer a resident of the
county in which the action has been filed, upon ex parte application
by the district attorney or petitioner, the court shall transfer the
action to the appropriate court of this state or to the appropriate
jurisdiction of another state and shall notify the petitioner, the
respondent, the California Central Registry, and the district
attorney of the receiving county where and when the pleading was
sent.
   (c) If, after entry of an order by a court of this state on an
action filed pursuant to this chapter or an order of another state
registered in a court of this state for enforcement or modification
pursuant to this chapter, it appears that the respondent is not or is
no longer a resident of the county in which the foreign order has
been registered, upon ex parte application by the district attorney
of the transferring or receiving county or the petitioner, the court
shall transfer the registered order and all documents subsequently
filed in that action to the appropriate court of this state and shall
notify the petitioner, the respondent, the California Central
Registry, and the district attorney of the transferring and receiving
county where and when the registered order and all other appropriate
documents were sent.  Transfer of certified copies of documents
shall meet the requirements of this section.
   (d) If, in an action initiated in a court of this state pursuant
to this chapter or a predecessor law for interstate enforcement of
support, the petitioner is no longer a resident of the county in
which the action has been filed, upon ex parte application by the
petitioner or the district attorney, the court shall transfer the
action to the appropriate court of this state and shall notify the
responding jurisdiction where and when the action was transferred.
   (e) Notwithstanding subdivisions (b) and (c), above, if the
respondent becomes a resident of another county or jurisdiction after
an action or registered order under this chapter has been filed, the
action may remain in the county where the action was filed until the
action is completed.
  SEC. 12.  Section 5002 is added to the Family Code, to read:
   5002.  (a) In an action pursuant to this chapter prosecuted by the
district attorney or the Attorney General that is initiated by
service of summons and petition or other comparable pleading, the
respondent may also be served with a proposed judgment consistent
with the relief sought in the petition or other comparable pleading.
If the respondent's income or income history is unknown to the
district attorney, the district attorney may serve a form of proposed
judgment with the petition and other documents on the respondent
that shall inform the respondent that income shall be presumed in an
amount that results in a court order equal to the minimum basic
standard of adequate care provided in Section 11452 of the Welfare
and Institutions Code unless information concerning the respondent's
income is provided to the court.  The respondent shall also receive
notice that the proposed judgment will become effective if he or she
fails to file a response with the court within 30 days after service.

   (b) In any action pursuant to this chapter in which the judgment
was obtained pursuant to presumed income, as set forth in this
section, the court may relieve the respondent from that part of the
judgment or order concerning the amount of child support to be paid
in the manner set forth in Section 11356 of the Welfare and
Institutions Code.
  SEC. 13.  Section 6341 of the Family Code is amended to read:
   6341.  (a) If the parties are married to each other and no other
child support order exists or if there is a presumption under Section
7611 that the respondent is the natural father of a minor child and
the child is in the custody of the petitioner, after notice and a
hearing, the court may order a party to pay an amount necessary for
the support and maintenance of the child if the order would otherwise
be authorized in an action brought pursuant to Division 9
(commencing with Section 3500) or the Uniform Parentage Act (Part 3
(commencing with Section 7600) of Division 12).
   (b) An order issued pursuant to this section shall be without
prejudice in an action brought pursuant to the Uniform Parentage Act
(Part 3 (commencing with Section 7600) of Division 12).
  SEC. 14.  Section 17400 of the Family Code, as added by Assembly
Bill 196 of the 1999-2000 Regular Session, is amended to read:
   17400.  (a) (1) Each county shall maintain a local child support
agency, as specified in Section 17304, that shall have the
responsibility for promptly and effectively establishing, modifying,
and enforcing child support obligations, including medical support,
enforcing spousal support orders established by a court of competent
jurisdiction, and determining paternity in the case of a child born
out of wedlock.  The local child support agency shall take
appropriate action, including criminal action in cooperation with the
district attorneys, to establish, modify, and enforce child support
and, when appropriate, enforce spousal support orders when the child
is receiving public assistance, including Medi-Cal, and, when
requested, shall take the same actions on behalf of a child who is
not receiving public assistance, including Medi-Cal.
   (2) Notwithstanding any other provision of law, on and after
January 1, 2000, the Franchise Tax Board shall have responsibility
and authority for the enforcement and collection of child support
delinquencies in support of the child support activities of the
Department of Child Support Services, local child support agencies,
and subject to all federal and state laws, regulations, and
directives relating to Title IV-D child support programs.
   (3) (A) For purposes of paragraph (2), "child support delinquency"
means any of the following:
   (i) (I) An arrearage or otherwise past due amount that exists when
an obligor fails to make any court-ordered support payment when due.

   (II) The unpaid amount is more than 60 days past due.
   (III) The aggregate of all amounts described in subclauses (I) and
(II) exceeds one hundred dollars ($100).
   (ii) As otherwise defined by guidelines prescribed by the
Department of Child Support Services in consultation with the
Franchise Tax Board and may include or be limited to interest, fees,
penalties, spousal support, or medical support.
   (B) The local child support agency shall transfer child support
delinquencies to the Franchise Tax Board in the form and manner and
at the time prescribed by the Franchise Tax Board pursuant to
paragraph (2) of subdivision (a) of Section 19271 of the Revenue and
Taxation Code.
   (C) After a local child support agency transfers a delinquent
child support obligation to the Franchise Tax Board pursuant to this
section, the local child support agency shall continue to facilitate
resolution of the child support obligation in coordination with the
Franchise Tax Board.
   (b) If a child support delinquency exists at the time a case is
opened by the local child support agency, the responsibility for the
enforcement and collection of the delinquency shall be transferred to
the Franchise Tax Board no later than 30 days after receipt of the
case by the local child support agency.  Any reference to the local
child support agency in connection with the enforcement and
collection of child support delinquencies shall be deemed a reference
to the Franchise Tax Board.  This transfer of responsibility and
authority is in support of the local child support agency solely for
the administration of the enforcement and collection of child support
delinquencies and shall not in any manner transfer any
responsibilities the local child support agency may have and any
responsibilities the Department of Child Support Services may have as
the Title IV-D agency.  A child support delinquency, as specified in
this section, shall be enforced and collected by the Franchise Tax
Board pursuant to Section 19271 of the Revenue and Taxation Code.
   (c) Actions brought by the local child support agency to establish
paternity or child support or to enforce child support obligations
shall be completed within the time limits set forth by federal law.
The local child support agency's responsibility applies to spousal
support only where the spousal support obligation has been reduced to
an order of a court of competent jurisdiction.  In any action
brought for modification or revocation of an order that is being
enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.), the effective date of the modification or revocation
shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or
any subsequent date.
   (d) (1) The Judicial Council, in consultation with the department
and representatives of the California Family Support Council, the
Senate Committee on Judiciary, the Assembly Committee on Judiciary,
and a legal services organization providing representation on child
support matters, shall develop simplified summons, complaint, and
answer forms for any action for support brought pursuant to this
section or Section 17404.  The Judicial Council may combine the
summons and complaint in a single form.
   (2) The simplified complaint form shall provide the defendant with
notice of the amount of child support that is sought pursuant to the
guidelines set forth in Article 2 (commencing with Section 4050) of
Chapter 2 of Part 2 of Division 9 based upon the income or income
history of the defendant as known to the local child support agency.
If the defendant's income or income history is unknown to the local
child support agency, the complaint shall inform the defendant that
income shall be presumed in an amount that results in a court order
equal to the minimum basic standard of adequate care for Region I
provided in Sections 11452 and 11452.018 of the Welfare and
Institutions Code unless information concerning the defendant's
income is provided to the court.  The complaint form shall be
accompanied by a proposed judgment.  The complaint form shall include
a notice to the defendant that the proposed judgment will become
effective if he or she fails to file an answer with the court within
30 days of service.
   (3) (A) The simplified answer form shall be written in simple
English and shall permit a defendant to answer and raise defenses by
checking applicable boxes.  The answer form shall include
instructions for completion of the form and instructions for proper
filing of the answer.
   (B) The answer form shall be accompanied by a blank income and
expense declaration or simplified financial statement and
instructions on how to complete the financial forms.  The answer form
shall direct the defendant to file the completed income and expense
declaration or simplified financial statement with the answer, but
shall state that the answer will be accepted by a court without the
income and expense declaration or simplified financial statement.
   (C) The clerk of the court shall accept and file answers, income
and expense declarations, and simplified financial statements that
are completed by hand provided they are legible.
   (4) (A) The simplified complaint form prepared pursuant to this
subdivision shall be used by the local child support agency or the
Attorney General in all cases brought under this section or Section
17404.
   (B) The simplified answer form prepared pursuant to this
subdivision shall be served on all defendants with the simplified
complaint.  Failure to serve the simplified answer form on all
defendants shall not invalidate any judgment obtained.  However,
failure to serve the answer form may be used as evidence in any
proceeding under Section 17432 of this code or Section 473 of the
Code of Civil Procedure.
                           (C) The Judicial Council shall add
language to the governmental summons, for use by the local child
support agency with the governmental complaint to establish parental
relationship and child support, informing defendants that a blank
answer form should have been received with the summons and additional
copies may be obtained from either the local child support agency or
the superior court clerk.
   (e) In any action brought or enforcement proceedings instituted by
the local child support agency pursuant to this section for payment
of child or spousal support, an action to recover an arrearage in
support payments may be maintained by the local child support agency
at any time within the period otherwise specified for the enforcement
of a support judgment, notwithstanding the fact that the child has
attained the age of majority.
   (f) The county shall undertake an outreach program to inform the
public that the services described in subdivisions (a) to (c),
inclusive, are available to persons not receiving public assistance.
There shall be prominently displayed in every public area of every
office of the agencies established by this section a notice, in clear
and simple language prescribed by the Director of Child Support
Services, that the services provided in subdivisions (a) to (c),
inclusive, are provided to all individuals, whether or not they are
recipients of public assistance.
   (g) (1) In any action to establish a child support order brought
by the local child support agency in the performance of duties under
this section, the local child support agency may make a motion for an
order effective during the pendency of that action, for the support,
maintenance, and education of the child or children that are the
subject of the action.  This order shall be referred to as an order
for temporary support.  This order shall have the same force and
effect as a like or similar order under this code.
   (2) The local child support agency shall file a motion for an
order for temporary support within the following time limits:
   (A) If the defendant is the mother, a presumed father under
Section 7611, or any father where the child is at least six months
old when the defendant files his answer, the time limit is 90 days
after the defendant files an answer.
   (B) In any other case where the defendant has filed an answer
prior to the birth of the child or not more than six months after the
birth of the child, then the time limit is nine months after the
birth of the child.
   (3) If more than one child is the subject of the action, the
limitation on reimbursement shall apply only as to those children
whose parental relationship and age would bar recovery were a
separate action brought for support of that child or those children.

   (4) If the local child support agency fails to file a motion for
an order for temporary support within time limits specified in this
section, the local child support agency shall be barred from
obtaining a judgment of reimbursement for any support provided for
that child during the period between the date the time limit expired
and the motion was filed, or, if no motion is filed, when a final
judgment is entered.
   (5) Nothing in this section prohibits the local child support
agency from entering into cooperative arrangements with other county
departments as necessary to carry out the responsibilities imposed by
this section pursuant to plans of cooperation with the departments
approved by the Department of Child Support Services.
   (6) Nothing in this section shall otherwise limit the ability of
the local child support agency from securing and enforcing orders for
support of a spouse or former spouse as authorized under any other
provision of law.
   (h) As used in this article, "enforcing obligations" includes, but
is not limited to, (1) the use of all interception and notification
systems operated by the department for the purposes of aiding in the
enforcement of support obligations, (2) the obtaining by the local
child support agency of an initial order for child support that may
include medical support or that is for medical support only, by civil
or criminal process, (3) the initiation of a motion or order to show
cause to increase an existing child support order, and the response
to a motion or order to show cause brought by an obligor parent to
decrease an existing child support order, or the initiation of a
motion or order to show cause to obtain an order for medical support,
and the response to a motion or order to show cause brought by an
obligor parent to decrease or terminate an existing medical support
order, without regard to whether the child is receiving public
assistance, (4) the response to a notice of motion or order to show
cause brought by an obligor parent to decrease an existing spousal
support order when the child or children are residing with the
obligee parent and the local child support agency is also enforcing a
related child support obligation owed to the obligee parent by the
same obligor, and (5) the transfer of the enforcement and collection
of child support delinquencies to the Franchise Tax Board under
Section 19271 of the Revenue and Taxation Code in support of the
local child support agency.
   (i) As used in this section, "out of wedlock" means that the
biological parents of the child were not married to each other at the
time of the child's conception.
   (j) (1) The local child support agency is the public agency
responsible for administering wage withholding for current support
the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.).
   (2) Nothing in this section shall limit the authority of the local
child support agency granted by other sections of this code or
otherwise granted by law, except to the extent that the law is
inconsistent with the transfer of the responsibility and authority
for enforcement and collection of delinquent child support to the
Franchise Tax Board.
   (k) In the exercise of the authority granted under this article,
the local child support agency may intervene, pursuant to subdivision
(b) of Section 387 of the Code of Civil Procedure, by ex parte
application, in any action under this code, or other proceeding in
which child support is an issue or a reduction in spousal support is
sought.  By notice of motion, order to show cause, or responsive
pleading served upon all parties to the action, the local child
support agency may request any relief that is appropriate that the
local child support agency is authorized to seek.
   (l) The local child support agency shall comply with any
guidelines established by the department that set time standards for
responding to requests for assistance in locating noncustodial
parents, establishing paternity, establishing child support awards,
and collecting child support payments.
   (m) As used in this article, medical support activities that the
local child support agency is authorized to perform are limited to
the following:
   (1) The obtaining and enforcing of court orders for health
insurance coverage.
   (2) Any other medical support activity mandated by federal law or
regulation.
   (n) (1) Notwithstanding any other law, venue for an action or
proceeding under this division shall be determined as follows:
   (A) Venue shall be in the superior court in the county that is
currently expending public assistance.
   (B) If public assistance is not currently being expended, venue
shall be in the superior court in the county where the child who is
entitled to current support resides or is domiciled.
   (C) If current support is no longer payable through, or
enforceable by, the local child support agency, venue shall be in the
superior court in the county that last provided public assistance
for actions to enforce arrearages assigned pursuant to Section 11477
of the Welfare and Institutions Code.
   (D) If subparagraphs (A), (B), and (C) do not apply, venue shall
be in the superior court in the county of residence of the support
obligee.
   (E) If the support obligee does not reside in California, and
subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in
the superior court of the county of residence of the obligor.
   (2) Notwithstanding paragraph (1), if the child becomes a resident
of another county after an action under this part has been filed,
venue may remain in the county where the action was filed until the
action is completed.
   (o) The local child support agency of one county may appear on
behalf of the local child support agency of any other county in an
action or proceeding under this part.
  SEC. 14.2.  Section 17400 of the Family Code, as added by Assembly
Bill 196 of the 1999-2000 Regular Session, is amended to read:
   17400.  (a) Each county shall maintain a local child support
agency, as specified in Section 17304, that shall have the
responsibility for promptly and effectively establishing, modifying,
and enforcing child support obligations, including medical support,
enforcing spousal support orders established by a court of competent
jurisdiction, and determining paternity in the case of a child born
out of wedlock.  The local child support agency shall take
appropriate action, including criminal action in cooperation with the
district attorneys, to establish, modify, and enforce child support
and, when appropriate, enforce spousal support orders when the child
is receiving public assistance, including Medi-Cal, and, when
requested, shall take the same actions on behalf of a child who is
not receiving public assistance, including Medi-Cal.
   (b) Actions brought by the local child support agency to establish
paternity or child support or to enforce child support obligations
shall be completed within the time limits set forth by federal law.
The local child support agency's responsibility applies to spousal
support only where the spousal support obligation has been reduced to
an order of a court of competent jurisdiction.  In any action
brought for modification or revocation of an order that is being
enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.), the effective date of the modification or revocation
shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or
any subsequent date.
   (c) (1) The Judicial Council, in consultation with the department
and representatives of the California Family Support Council, the
Senate Committee on Judiciary, the Assembly Committee on Judiciary,
and a legal services organization providing representation on child
support matters, shall develop simplified summons, complaint, and
answer forms for any action for support brought pursuant to this
section or Section 17404.  The Judicial Council may combine the
summons and complaint in a single form.
   (2) The simplified complaint form shall provide the defendant with
notice of the amount of child support that is sought pursuant to the
guidelines set forth in Article 2 (commencing with Section 4050) of
Chapter 2 of Part 2 of Division 9 based upon the income or income
history of the defendant as known to the local child support agency.
If the defendant's income or income history is unknown to the local
child support agency, the complaint shall inform the defendant that
income shall be presumed in an amount that results in a court order
equal to the minimum basic standard of adequate care for Region I
provided in Sections 11452 and 11452.018 of the Welfare and
Institutions Code unless information concerning the defendant's
income is provided to the court.  The complaint form shall be
accompanied by a proposed judgment.  The complaint form shall include
a notice to the defendant that the proposed judgment will become
effective if he or she fails to file an answer with the court within
30 days of service.
   (3) (A) The simplified answer form shall be written in simple
English and shall permit a defendant to answer and raise defenses by
checking applicable boxes.  The answer form shall include
instructions for completion of the form and instructions for proper
filing of the answer.
   (B) The answer form shall be accompanied by a blank income and
expense declaration or simplified financial statement and
instructions on how to complete the financial forms.  The answer form
shall direct the defendant to file the completed income and expense
declaration or simplified financial statement with the answer, but
shall state that the answer will be accepted by a court without the
income and expense declaration or simplified financial statement.
   (C) The clerk of the court shall accept and file answers, income
and expense declarations, and simplified financial statements that
are completed by hand provided they are legible.
   (4) (A) The simplified complaint form prepared pursuant to this
subdivision shall be used by the local child support agency or the
Attorney General in all cases brought under this section or Section
17404.
   (B) The simplified answer form prepared pursuant to this
subdivision shall be served on all defendants with the simplified
complaint.  Failure to serve the simplified answer form on all
defendants shall not invalidate any judgment obtained.  However,
failure to serve the answer form may be used as evidence in any
proceeding under Section 17432 of this code or Section 473 of the
Code of Civil Procedure.
   (C) The Judicial Council shall add language to the governmental
summons, for use by the local child support agency with the
governmental complaint to establish parental relationship and child
support, informing defendants that a blank answer form should have
been received with the summons and additional copies may be obtained
from either the local child support agency or the superior court
clerk.
   (d) In any action brought or enforcement proceedings instituted by
the local child support agency pursuant to this section for payment
of child or spousal support, an action to recover an arrearage in
support payments may be maintained by the local child support agency
at any time within the period otherwise specified for the enforcement
of a support judgment, notwithstanding the fact that the child has
attained the age of majority.
   (e) The county shall undertake an outreach program to inform the
public that the services described in subdivisions (a) to (c),
inclusive, are available to persons not receiving public assistance.
There shall be prominently displayed in every public area of every
office of the agencies established by this section a notice, in clear
and simple language prescribed by the Director of Child Support
Services, that the services provided in subdivisions (a) to (c),
inclusive, are provided to all individuals, whether or not they are
recipients of public assistance.
   (f) (1) In any action to establish a child support order brought
by the local child support agency in the performance of duties under
this section, the local child support agency may make a motion for an
order effective during the pendency of that action, for the support,
maintenance, and education of the child or children that are the
subject of the action.  This order shall be referred to as an order
for temporary support.  This order shall have the same force and
effect as a like or similar order under this code.
   (2) The local child support agency shall file a motion for an
order for temporary support within the following time limits:
   (A) If the defendant is the mother, a presumed father under
Section 7611, or any father where the child is at least six months
old when the defendant files his answer, the time limit is 90 days
after the defendant files an answer.
   (B) In any other case where the defendant has filed an answer
prior to the birth of the child or not more than six months after the
birth of the child, then the time limit is nine months after the
birth of the child.
   (3) If more than one child is the subject of the action, the
limitation on reimbursement shall apply only as to those children
whose parental relationship and age would bar recovery were a
separate action brought for support of that child or those children.

   (4) If the local child support agency fails to file a motion for
an order for temporary support within time limits specified in this
section, the local child support agency shall be barred from
obtaining a judgment of reimbursement for any support provided for
that child during the period between the date the time limit expired
and the motion was filed, or, if no motion is filed, when a final
judgment is entered.
   (5)  Except as provided in Section 17304, nothing in this section
prohibits the local child support agency from entering into
cooperative arrangements with other county departments as necessary
to carry out the responsibilities imposed by this section pursuant to
plans of cooperation with the departments approved by the Department
of Child Support Services.
   (6) Nothing in this section shall otherwise limit the ability of
the local child support agency from securing and enforcing orders for
support of a spouse or former spouse as authorized under any other
provision of law.
   (g) As used in this article, "enforcing obligations" includes, but
is not limited to, (1) the use of all interception and notification
systems operated by the department for the purposes of aiding in the
enforcement of support obligations, (2) the obtaining by the local
child support agency of an initial order for child support that may
include medical support or that is for medical support only, by civil
or criminal process, (3) the initiation of a motion or order to show
cause to increase an existing child support order, and the response
to a motion or order to show cause brought by an obligor parent to
decrease an existing child support order, or the initiation of a
motion or order to show cause to obtain an order for medical support,
and the response to a motion or order to show cause brought by an
obligor parent to decrease or terminate an existing medical support
order, without regard to whether the child is receiving public
assistance, (4) the response to a notice of motion or order to show
cause brought by an obligor parent to decrease an existing spousal
support order when the child or children are residing with the
obligee parent and the local child support agency is also enforcing a
related child support obligation owed to the obligee parent by the
same obligor, and (5) the transfer of the accounts receivable
management of child support delinquencies to the Franchise Tax Board
under Section 17501 in support of the local child support agency.
   (h) As used in this section, "out of wedlock" means that the
biological parents of the child were not married to each other at the
time of the child's conception.
   (i) (1) The local child support agency is the public agency
responsible for administering wage withholding for current support
the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.).
   (2) Nothing in this section shall limit the authority of the local
child support agency granted by other sections of this code or
otherwise granted by law, except to the extent that the law is
inconsistent with the transfer of the responsibility for accounts
receivable management of delinquent child support to the Franchise
Tax Board.
   (j) In the exercise of the authority granted under this article,
the local child support agency may intervene, pursuant to subdivision
(b) of Section 387 of the Code of Civil Procedure, by ex parte
application, in any action under this code, or other proceeding in
which child support is an issue or a reduction in spousal support is
sought.  By notice of motion, order to show cause, or responsive
pleading served upon all parties to the action, the local child
support agency may request any relief that is appropriate that the
local child support agency is authorized to seek.
   (k) The local child support agency shall comply with all
regulations and directives established by the department that set
time standards for responding to requests for assistance in locating
noncustodial parents, establishing paternity, establishing child
support awards, and collecting child support payments.
   (l) As used in this article, medical support activities that the
local child support agency is authorized to perform are limited to
the following:
   (1) The obtaining and enforcing of court orders for health
insurance coverage.
   (2) Any other medical support activity mandated by federal law or
regulation.
   (m) (1) Notwithstanding any other law, venue for an action or
proceeding under this division shall be determined as follows:
   (A) Venue shall be in the superior court in the county that is
currently expending public assistance.
   (B) If public assistance is not currently being expended, venue
shall be in the superior court in the county where the child who is
entitled to current support resides or is domiciled.
   (C) If current support is no longer payable through, or
enforceable by, the local child support agency, venue shall be in the
superior court in the county that last provided public assistance
for actions to enforce arrearages assigned pursuant to Section 11477
of the Welfare and Institutions Code.
   (D) If subparagraphs (A), (B), and (C) do not apply, venue shall
be in the superior court in the county of residence of the support
obligee.
   (E) If the support obligee does not reside in California, and
subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in
the superior court of the county of residence of the obligor.
   (2) Notwithstanding paragraph (1), if the child becomes a resident
of another county after an action under this part has been filed,
venue may remain in the county where the action was filed until the
action is completed.
   (n) The local child support agency of one county may appear on
behalf of the local child support agency of any other county in an
action or proceeding under this part.
  SEC. 14.4.  Section 17400 of the Family Code, as added by Assembly
Bill 196 of the 1999-2000 Regular Session, is amended to read:
   17400.  (a) (1) Each county shall maintain a local child support
agency, as specified in Section 17304, that shall have the
responsibility for promptly and effectively establishing, modifying,
and enforcing child support obligations, including medical support,
enforcing spousal support orders established by a court of competent
jurisdiction, and determining paternity in the case of a child born
out of wedlock.  The local child support agency shall take
appropriate action, including criminal action in cooperation with the
district attorneys, to establish, modify, and enforce child support
and, when appropriate, enforce spousal support orders when the child
is receiving public assistance, including Medi-Cal, and, when
requested, shall take the same actions on behalf of a child who is
not receiving public assistance, including Medi-Cal.
   (2) Notwithstanding any other provision of law, on and after
January 1, 2000, the Franchise Tax Board shall have responsibility
and authority for the enforcement and collection of child support
delinquencies in support of the child support activities of the
Department of Child Support Services, local child support agencies,
and subject to all federal and state laws, regulations, and
directives relating to Title IV-D child support programs.
   (3) (A) For purposes of paragraph (2), "child support delinquency"
means any of the following:
   (i) (I) An arrearage or otherwise past due amount that exists when
an obligor fails to make any court-ordered support payment when due.

   (II) The unpaid amount is more than 60 days past due.
   (III) The aggregate of all amounts described in subclauses (I) and
(II) exceeds one hundred dollars ($100).
   (ii) As otherwise defined by guidelines prescribed by the
Department of Child Support Services in consultation with the
Franchise Tax Board and may include or be limited to interest, fees,
penalties, spousal support, or medical support.
   (B) The local child support agency shall transfer child support
delinquencies to the Franchise Tax Board in the form and manner and
at the time prescribed by the Franchise Tax Board pursuant to
paragraph (2) of subdivision (a) of Section 19271 of the Revenue and
Taxation Code.
   (C) After a local child support agency transfers a delinquent
child support obligation to the Franchise Tax Board pursuant to this
section, the local child support agency shall continue to facilitate
resolution of the child support obligation in coordination with the
Franchise Tax Board.
   (b) If a child support delinquency exists at the time a case is
opened by the local child support agency, the responsibility for the
enforcement and collection of the delinquency shall be transferred to
the Franchise Tax Board no later than 30 days after receipt of the
case by the local child support agency.  Any reference to the local
child support agency in connection with the enforcement and
collection of child support delinquencies shall be deemed a reference
to the Franchise Tax Board.  This transfer of responsibility and
authority is in support of the local child support agency solely for
the administration of the enforcement and collection of child support
delinquencies and shall not in any manner transfer any
responsibilities the local child support agency may have and any
responsibilities the Department of Child Support Services may have as
the Title IV-D agency.  A child support delinquency, as specified in
this section, shall be enforced and collected by the Franchise Tax
Board pursuant to Section 19271 of the Revenue and Taxation Code.
   (c) Actions brought by the local child support agency to establish
paternity or child support or to enforce child support obligations
shall be completed within the time limits set forth by federal law.
The local child support agency's responsibility applies to spousal
support only where the spousal support obligation has been reduced to
an order of a court of competent jurisdiction.  In any action
brought for modification or revocation of an order that is being
enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.), the effective date of the modification or revocation
shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or
any subsequent date.
   (d) (1) The Judicial Council, in consultation with the department
and representatives of the California Family Support Council, the
Senate Committee on Judiciary, the Assembly Committee on Judiciary,
and a legal services organization providing representation on child
support matters, shall develop simplified summons, complaint, and
answer forms for any action for support brought
                        pursuant to this section or Section 17404.
The Judicial Council may combine the summons and complaint in a
single form.
   (2) The simplified complaint form shall provide the defendant with
notice of the amount of child support that is sought pursuant to the
guidelines set forth in Article 2 (commencing with Section 4050) of
Chapter 2 of Part 2 of Division 9 based upon the income or income
history of the defendant as known to the local child support agency.
If the defendant's income or income history is unknown to the local
child support agency, the complaint shall inform the defendant that
income shall be presumed in an amount that results in a court order
equal to the minimum basic standard of adequate care for Region I
provided in Sections 11452 and 11452.018 of the Welfare and
Institutions Code unless information concerning the defendant's
income is provided to the court.  The complaint form shall be
accompanied by a proposed judgment.  The complaint form shall include
a notice to the defendant that the proposed judgment will become
effective if he or she fails to file an answer with the court within
30 days of service.  If the proposed judgment is entered by the
court, the support order in the proposed judgment shall be effective
as of the first day of the month following the filing of the
complaint.
   (3) (A) The simplified answer form shall be written in simple
English and shall permit a defendant to answer and raise defenses by
checking applicable boxes.  The answer form shall include
instructions for completion of the form and instructions for proper
filing of the answer.
   (B) The answer form shall be accompanied by a blank income and
expense declaration or simplified financial statement and
instructions on how to complete the financial forms.  The answer form
shall direct the defendant to file the completed income and expense
declaration or simplified financial statement with the answer, but
shall state that the answer will be accepted by a court without the
income and expense declaration or simplified financial statement.
   (C) The clerk of the court shall accept and file answers, income
and expense declarations, and simplified financial statements that
are completed by hand provided they are legible.
   (4) (A) The simplified complaint form prepared pursuant to this
subdivision shall be used by the local child support agency or the
Attorney General in all cases brought under this section or Section
17404.
   (B) The simplified answer form prepared pursuant to this
subdivision shall be served on all defendants with the simplified
complaint.  Failure to serve the simplified answer form on all
defendants shall not invalidate any judgment obtained.  However,
failure to serve the answer form may be used as evidence in any
proceeding under Section 17432 of this code or Section 473 of the
Code of Civil Procedure.
   (C) The Judicial Council shall add language to the governmental
summons, for use by the local child support agency with the
governmental complaint to establish parental relationship and child
support, informing defendants that a blank answer form should have
been received with the summons and additional copies may be obtained
from either the local child support agency or the superior court
clerk.
   (e) In any action brought or enforcement proceedings instituted by
the local child support agency pursuant to this section for payment
of child or spousal support, an action to recover an arrearage in
support payments may be maintained by the local child support agency
at any time within the period otherwise specified for the enforcement
of a support judgment, notwithstanding the fact that the child has
attained the age of majority.
   (f) The county shall undertake an outreach program to inform the
public that the services described in subdivisions (a) to (c),
inclusive, are available to persons not receiving public assistance.
There shall be prominently displayed in every public area of every
office of the agencies established by this section a notice, in clear
and simple language prescribed by the Director of Child Support
Services, that the services provided in subdivisions (a) to (c),
inclusive, are provided to all individuals, whether or not they are
recipients of public assistance.
   (g) (1) In any action to establish a child support order brought
by the local child support agency in the performance of duties under
this section, the local child support agency may make a motion for an
order effective during the pendency of that action, for the support,
maintenance, and education of the child or children that are the
subject of the action.  This order shall be referred to as an order
for temporary support.  This order shall have the same force and
effect as a like or similar order under this code.
   (2) The local child support agency shall file a motion for an
order for temporary support within the following time limits:
   (A) If the defendant is the mother, a presumed father under
Section 7611, or any father where the child is at least six months
old when the defendant files his answer, the time limit is 90 days
after the defendant files an answer.
   (B) In any other case in which the defendant has filed an answer
prior to the birth of the child or not more than six months after the
birth of the child, then the time limit is nine months after the
birth of the child.
   (3) If more than one child is the subject of the action, the
limitation on reimbursement shall apply only as to those children
whose parental relationship and age would bar recovery were a
separate action brought for support of that child or those children.

   (4) If the local child support agency fails to file a motion for
an order for temporary support within time limits specified in this
section, the local child support agency shall be barred from
obtaining a judgment of reimbursement for any support provided for
that child during the period between the date the time limit expired
and the motion was filed, or, if no motion is filed, when a final
judgment is entered.
   (5) Nothing in this section prohibits the local child support
agency from entering into cooperative arrangements with other county
departments as necessary to carry out the responsibilities imposed by
this section pursuant to plans of cooperation with the departments
approved by the Department of Child Support Services.
   (6) Nothing in this section shall otherwise limit the ability of
the local child support agency from securing and enforcing orders for
support of a spouse or former spouse as authorized under any other
provision of law.
   (h) As used in this article, "enforcing obligations" includes, but
is not limited to, (1) the use of all interception and notification
systems operated by the department for the purposes of aiding in the
enforcement of support obligations, (2) the obtaining by the local
child support agency of an initial order for child support that may
include medical support or that is for medical support only, by civil
or criminal process, (3) the initiation of a motion or order to show
cause to increase an existing child support order, and the response
to a motion or order to show cause brought by an obligor parent to
decrease an existing child support order, or the initiation of a
motion or order to show cause to obtain an order for medical support,
and the response to a motion or order to show cause brought by an
obligor parent to decrease or terminate an existing medical support
order, without regard to whether the child is receiving public
assistance, (4) the response to a notice of motion or order to show
cause brought by an obligor parent to decrease an existing spousal
support order when the child or children are residing with the
obligee parent and the local child support agency is also enforcing a
related child support obligation owed to the obligee parent by the
same obligor, and (5) the transfer of the enforcement and collection
of child support delinquencies to the Franchise Tax Board under
Section 19271 of the Revenue and Taxation Code in support of the
local child support agency.
   (i) As used in this section, "out of wedlock" means that the
biological parents of the child were not married to each other at the
time of the child's conception.
   (j) (1) The local child support agency is the public agency
responsible for administering wage withholding for current support
the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.).
   (2) Nothing in this section shall limit the authority of the local
child support agency granted by other sections of this code or
otherwise granted by law, except to the extent that the law is
inconsistent with the transfer of the responsibility and authority
for enforcement and collection of delinquent child support to the
Franchise Tax Board.
   (k) In the exercise of the authority granted under this article,
the local child support agency may intervene, pursuant to subdivision
(b) of Section 387 of the Code of Civil Procedure, by ex parte
application, in any action under this code, or other proceeding in
which child support is an issue or a reduction in spousal support is
sought.  By notice of motion, order to show cause, or responsive
pleading served upon all parties to the action, the local child
support agency may request any relief that is appropriate that the
local child support agency is authorized to seek.
   (l) The local child support agency shall comply with any
guidelines established by the department that set time standards for
responding to requests for assistance in locating noncustodial
parents, establishing paternity, establishing child support awards,
and collecting child support payments.
   (m) As used in this article, medical support activities that the
local child support agency is authorized to perform are limited to
the following:
   (1) The obtaining and enforcing of court orders for health
insurance coverage.
   (2) Any other medical support activity mandated by federal law or
regulation.
   (n) (1) Notwithstanding any other law, venue for an action or
proceeding under this division shall be determined as follows:
   (A) Venue shall be in the superior court in the county that is
currently expending public assistance.
   (B) If public assistance is not currently being expended, venue
shall be in the superior court in the county in which the child who
is entitled to current support resides or is domiciled.
   (C) If current support is no longer payable through, or
enforceable by, the local child support agency, venue shall be in the
superior court in the county that last provided public assistance
for actions to enforce arrearages assigned pursuant to Section 11477
of the Welfare and Institutions Code.
   (D) If subparagraphs (A), (B), and (C) do not apply, venue shall
be in the superior court in the county of residence of the support
obligee.
   (E) If the support obligee does not reside in California, and
subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in
the superior court of the county of residence of the obligor.
   (2) Notwithstanding paragraph (1), if the child becomes a resident
of another county after an action under this part has been filed,
venue may remain in the county where the action was filed until the
action is completed.
   (o) The local child support agency of one county may appear on
behalf of the local child support agency of any other county in an
action or proceeding under this part.
  SEC. 14.6.  Section 17400 of the Family Code, as added by Assembly
Bill 196 of the 1999-2000 Regular Session, is amended to read:
   17400.  (a) Each county shall maintain a local child support
agency, as specified in Section 17304, that shall have the
responsibility for promptly and effectively establishing, modifying,
and enforcing child support obligations, including medical support,
enforcing spousal support orders established by a court of competent
jurisdiction, and determining paternity in the case of a child born
out of wedlock.  The local child support agency shall take
appropriate action, including criminal action in cooperation with the
district attorneys, to establish, modify, and enforce child support
and, when appropriate, enforce spousal support orders when the child
is receiving public assistance, including Medi-Cal, and, when
requested, shall take the same actions on behalf of a child who is
not receiving public assistance, including Medi-Cal.
   (b) Actions brought by the local child support agency to establish
paternity or child support or to enforce child support obligations
shall be completed within the time limits set forth by federal law.
The local child support agency's responsibility applies to spousal
support only where the spousal support obligation has been reduced to
an order of a court of competent jurisdiction.  In any action
brought for modification or revocation of an order that is being
enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.), the effective date of the modification or revocation
shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or
any subsequent date.
   (c) (1) The Judicial Council, in consultation with the department
and representatives of the California Family Support Council, the
Senate Committee on Judiciary, the Assembly Committee on Judiciary,
and a legal services organization providing representation on child
support matters, shall develop simplified summons, complaint, and
answer forms for any action for support brought pursuant to this
section or Section 17404.  The Judicial Council may combine the
summons and complaint in a single form.
   (2) The simplified complaint form shall provide the defendant with
notice of the amount of child support that is sought pursuant to the
guidelines set forth in Article 2 (commencing with Section 4050) of
Chapter 2 of Part 2 of Division 9 based upon the income or income
history of the defendant as known to the local child support agency.
If the defendant's income or income history is unknown to the local
child support agency, the complaint shall inform the defendant that
income shall be presumed in an amount that results in a court order
equal to the minimum basic standard of adequate care for Region I
provided in Sections 11452 and 11452.018 of the Welfare and
Institutions Code unless information concerning the defendant's
income is provided to the court.  The complaint form shall be
accompanied by a proposed judgment.  The complaint form shall include
a notice to the defendant that the proposed judgment will become
effective if he or she fails to file an answer with the court within
30 days of service.  If the proposed judgment is entered by the
court, the support order in the proposed judgment shall be effective
as of the first day of the month following the filing of the
complaint.
   (3) (A) The simplified answer form shall be written in simple
English and shall permit a defendant to answer and raise defenses by
checking applicable boxes.  The answer form shall include
instructions for completion of the form and instructions for proper
filing of the answer.
   (B) The answer form shall be accompanied by a blank income and
expense declaration or simplified financial statement and
instructions on how to complete the financial forms.  The answer form
shall direct the defendant to file the completed income and expense
declaration or simplified financial statement with the answer, but
shall state that the answer will be accepted by a court without the
income and expense declaration or simplified financial statement.
   (C) The clerk of the court shall accept and file answers, income
and expense declarations, and simplified financial statements that
are completed by hand provided they are legible.
   (4) (A) The simplified complaint form prepared pursuant to this
subdivision shall be used by the local child support agency or the
Attorney General in all cases brought under this section or Section
17404.
   (B) The simplified answer form prepared pursuant to this
subdivision shall be served on all defendants with the simplified
complaint.  Failure to serve the simplified answer form on all
defendants shall not invalidate any judgment obtained.  However,
failure to serve the answer form may be used as evidence in any
proceeding under Section 17432 of this code or Section 473 of the
Code of Civil Procedure.
   (C) The Judicial Council shall add language to the governmental
summons, for use by the local child support agency with the
governmental complaint to establish parental relationship and child
support, informing defendants that a blank answer form should have
been received with the summons and additional copies may be obtained
from either the local child support agency or the superior court
clerk.
   (d) In any action brought or enforcement proceedings instituted by
the local child support agency pursuant to this section for payment
of child or spousal support, an action to recover an arrearage in
support payments may be maintained by the local child support agency
at any time within the period otherwise specified for the enforcement
of a support judgment, notwithstanding the fact that the child has
attained the age of majority.
   (e) The county shall undertake an outreach program to inform the
public that the services described in subdivisions (a) to (c),
inclusive, are available to persons not receiving public assistance.
There shall be prominently displayed in every public area of every
office of the agencies established by this section a notice, in clear
and simple language prescribed by the Director of Child Support
Services, that the services provided in subdivisions (a) to (c),
inclusive, are provided to all individuals, whether or not they are
recipients of public assistance.
   (f) (1) In any action to establish a child support order brought
by the local child support agency in the performance of duties under
this section, the local child support agency may make a motion for an
order effective during the pendency of that action, for the support,
maintenance, and education of the child or children that are the
subject of the action.  This order shall be referred to as an order
for temporary support.  This order shall have the same force and
effect as a like or similar order under this code.
   (2) The local child support agency shall file a motion for an
order for temporary support within the following time limits:
   (A) If the defendant is the mother, a presumed father under
Section 7611, or any father where the child is at least six months
old when the defendant files his answer, the time limit is 90 days
after the defendant files an answer.
   (B) In any other case in which the defendant has filed an answer
prior to the birth of the child or not more than six months after the
birth of the child, then the time limit is nine months after the
birth of the child.
   (3) If more than one child is the subject of the action, the
limitation on reimbursement shall apply only as to those children
whose parental relationship and age would bar recovery were a
separate action brought for support of that child or those children.

   (4) If the local child support agency fails to file a motion for
an order for temporary support within time limits specified in this
section, the local child support agency shall be barred from
obtaining a judgment of reimbursement for any support provided for
that child during the period between the date the time limit expired
and the motion was filed, or, if no motion is filed, when a final
judgment is entered.
   (5)  Except as provided in Section 17304, nothing in this section
prohibits the local child support agency from entering into
cooperative arrangements with other county departments as necessary
to carry out the responsibilities imposed by this section pursuant to
plans of cooperation with the departments approved by the Department
of Child Support Services.
   (6) Nothing in this section shall otherwise limit the ability of
the local child support agency from securing and enforcing orders for
support of a spouse or former spouse as authorized under any other
provision of law.
   (g) As used in this article, "enforcing obligations" includes, but
is not limited to, (1) the use of all interception and notification
systems operated by the department for the purposes of aiding in the
enforcement of support obligations, (2) the obtaining by the local
child support agency of an initial order for child support that may
include medical support or that is for medical support only, by civil
or criminal process, (3) the initiation of a motion or order to show
cause to increase an existing child support order, and the response
to a motion or order to show cause brought by an obligor parent to
decrease an existing child support order, or the initiation of a
motion or order to show cause to obtain an order for medical support,
and the response to a motion or order to show cause brought by an
obligor parent to decrease or terminate an existing medical support
order, without regard to whether the child is receiving public
assistance, (4) the response to a notice of motion or order to show
cause brought by an obligor parent to decrease an existing spousal
support order when the child or children are residing with the
obligee parent and the local child support agency is also enforcing a
related child support obligation owed to the obligee parent by the
same obligor, and (5) the transfer of the accounts receivable
management of child support delinquencies to the Franchise Tax Board
under Section 17501 in support of the local child support agency.
   (h) As used in this section, "out of wedlock" means that the
biological parents of the child were not married to each other at the
time of the child's conception.
   (i) (1) The local child support agency is the public agency
responsible for administering wage withholding for current support
the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.).
   (2) Nothing in this section shall limit the authority of the local
child support agency granted by other sections of this code or
otherwise granted by law, except to the extent that the law is
inconsistent with the transfer of the responsibility for accounts
receivable management of delinquent child support to the Franchise
Tax Board.
   (j) In the exercise of the authority granted under this article,
the local child support agency may intervene, pursuant to subdivision
(b) of Section 387 of the Code of Civil Procedure, by ex parte
application, in any action under this code, or other proceeding in
which child support is an issue or a reduction in spousal support is
sought.  By notice of motion, order to show cause, or responsive
pleading served upon all parties to the action, the local child
support agency may request any relief that is appropriate that the
local child support agency is authorized to seek.
   (k) The local child support agency shall comply with all
regulations and directives established by the department that set
time standards for responding to requests for assistance in locating
noncustodial parents, establishing paternity, establishing child
support awards, and collecting child support payments.
   (l) As used in this article, medical support activities that the
local child support agency is authorized to perform are limited to
the following:
   (1) The obtaining and enforcing of court orders for health
insurance coverage.
   (2) Any other medical support activity mandated by federal law or
regulation.
   (m) (1) Notwithstanding any other law, venue for an action or
proceeding under this division shall be determined as follows:
   (A) Venue shall be in the superior court in the county that is
currently expending public assistance.
   (B) If public assistance is not currently being expended, venue
shall be in the superior court in the county in which the child who
is entitled to current support resides or is domiciled.
   (C) If current support is no longer payable through, or
enforceable by, the local child support agency, venue shall be in the
superior court in the county that last provided public assistance
for actions to enforce arrearages assigned pursuant to Section 11477
of the Welfare and Institutions Code.
   (D) If subparagraphs (A), (B), and (C) do not apply, venue shall
be in the superior court in the county of residence of the support
obligee.
   (E) If the support obligee does not reside in California, and
subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in
the superior court of the county of residence of the obligor.
   (2) Notwithstanding paragraph (1), if the child becomes a resident
of another county after an action under this part has been filed,
venue may remain in the county where the action was filed until the
action is completed.
   (n) The local child support agency of one county may appear on
behalf of the local child support agency of any other county in an
action or proceeding under this part.
  SEC. 15.  Section 17523 is added to the Family Code, to read:
   17523.  (a) Notwithstanding any other provision of law, if a
support obligor is delinquent in the payment of support and the local
child support agency is enforcing the support obligation pursuant to
Section 17400 or 17402, a lien for child support shall arise against
the personal property of the support obligor in either of the
following circumstances:
   (1) By operation of law for all amounts of overdue support,
regardless of whether the amounts have been adjudicated or otherwise
determined.
   (2) When either a court having continuing jurisdiction or the
local child support agency determines a specific amount of arrearages
is owed by the support obligor.
   (b) The lien for child support shall be perfected by filing a
notice of child support lien with the Secretary of State pursuant to
Section 697.510 of the Code of Civil Procedure.  Once filed, the
child support lien shall have the same priority, force, and effect as
a judgment lien on personal property pursuant to Article 3
(commencing with Section 697.510) of Chapter 2 of Division 2 of
Article 9 of the Code of Civil Procedure.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Notice of child support lien" means a document filed with the
Secretary of State that substantially complies with the requirements
of Section 697.530 of the Code of Civil Procedure.
   (2) "Support obligor is delinquent in payment of support" means
that the support obligor has failed to make payment equal to one
month's support obligation.
       (3) "Personal property" means that property that is subject to
attachment by a judgment lien pursuant to Section 697.530 of the
Code of Civil Procedure.
   (d) Nothing in this section shall affect the priority of any of
the following interests:
   (1) State tax liens as set forth in Article 2 (commencing with
Section 7170) of Division 7 of Title 1 of the Government Code.
   (2) Liens or security interests as set forth in Article 3
(commencing with Section 697.510) of Chapter 2 of Division 2 of
Article 9 of the Code of Civil Procedure.
   (e) As between competing child support liens and state tax liens,
a child support lien arising under this section shall have priority
over a state tax lien if (1) the child support lien is filed with the
Secretary of State, (2) the notice of child support lien is filed in
an action or proceeding in which the obligor may become entitled to
property or money judgment, or (3) the levy for child support on
personal property is made, before a notice of state tax lien is filed
with the Secretary of State pursuant to Section 7171 of the
Government Code or filed in an action or proceeding in accordance
with Section 7173 of the Government Code.
   (f) A personal property lien for child support arising in another
state may be enforced in the same manner and to the same extent as a
personal property lien arising in this state.
  SEC. 16.  Section 19271.6 of the Revenue and Taxation Code is
amended to read:
   19271.6.  (a) The Franchise Tax Board, through a cooperative
agreement with the State Department of Social Services, and in
coordination with financial institutions doing business in this
state, shall operate a Financial Institution Match System utilizing
automated data exchanges to the maximum extent feasible.  The
Financial Institution Match System shall be implemented pursuant to
guidelines prescribed by the State Department of Social Services and
the Franchise Tax Board.  These guidelines shall include a structure
by which financial institutions, or their designated data processing
agents, shall receive from the Franchise Tax Board the file or files
of past-due support obligors compiled in accordance with subdivision
(c), that the institution shall match with its own list of
accountholders to identify past-due support obligor accountholders at
the institution.  To the extent allowed by the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, the
guidelines shall include an option by which financial institutions
without the technical ability to process the data exchange, or
without the ability to employ a third-party data processor to process
the data exchange, may forward to the Franchise Tax Board a list of
all accountholders and their social security numbers, so that the
Franchise Tax Board shall match that list with the file or files of
past-due support obligors compiled in accordance with subdivision
(c).
   (b) The Financial Institution Match System shall not be subject to
any limitation set forth in Chapter 20 (commencing with Section
7460) of Division 7 of Title 1 of the Government Code.  However, any
use of the information provided pursuant to this section for any
purpose other than the enforcement and collection of a child support
delinquency, as set forth in Section 19271, shall be a violation of
Section 19542.
   (c) (1) Each county shall compile a file of support obligors with
judgments and orders that are being enforced by district attorneys
pursuant to Section 11475.1 of the Welfare and Institutions Code, and
who are past due in the payment of their support obligations.  The
file shall be compiled, updated, and forwarded to the Franchise Tax
Board, in accordance with the guidelines prescribed by the State
Department of Social Services and the Franchise Tax Board.
   (2) The Department of Justice, Child Support Program, shall
compile a file of obligors with support arrearages from requests made
by other states for administrative enforcement in interstate cases,
in accordance with federal requirements (42 U.S.C. Sec. 666(a)(14)).
This file shall be compiled and forwarded to the Franchise Tax Board
in accordance with the guidelines prescribed by the State Department
of Social Services, the Department of Justice, and the Franchise Tax
Board.  The file shall include, to the extent possible, the obligor'
s address.
   (d) To effectuate the Financial Institution Match System,
financial institutions subject to this section shall do all of the
following:
   (1) Provide to the Franchise Tax Board on a quarterly basis the
name, record address and other addresses, social security number or
other taxpayer identification number, and other identifying
information for each noncustodial parent who maintains an account at
the institution and who owes past-due support, as identified by the
Franchise Tax Board by name and social security number or other
taxpayer identification number.
   (2) In response to a notice or order to withhold issued by the
Franchise Tax Board, withhold from any accounts of the obligor the
amount of any past-due support stated on the notice or order and
transmit the amount to the Franchise Tax Board in accordance with
Section 18670 or 18670.5.
   (e) Unless otherwise required by applicable law, a financial
institution furnishing a report or providing information to the
Franchise Tax Board pursuant to this section shall not disclose to a
depositor or an accountholder, or a codepositor or coaccountholder,
that the name, address, social security number, or other taxpayer
identification number or other identifying information of that person
has been received from or furnished to the Franchise Tax Board.
   (f) A financial institution shall incur no obligation or liability
to any person arising from any of the following:
   (1) Furnishing information to the Franchise Tax Board as required
by this section.
   (2) Failing to disclose to a depositor or accountholder that the
name, address, social security number, or other taxpayer
identification number or other identifying information of that person
was included in the data exchange with the Franchise Tax Board
required by this section.
   (3) Withholding or transmitting any assets in response to a notice
or order to withhold issued by the Franchise Tax Board as a result
of the data exchange.  This paragraph shall not preclude any
liability that may result if the financial institution does not
comply with subdivision (b) of Section 18674.
   (4) Any other action taken in good faith to comply with the
requirements of this section.
   (g) Information required to be submitted to the Franchise Tax
Board pursuant to this section shall only be used by the Franchise
Tax Board to collect past-due support pursuant to Section 19271.  If
the Franchise Tax Board has issued an earnings withholding order and
the condition described in subparagraph (C) of paragraph (1) of
subdivision (i) exists with respect to the obligor, the Franchise Tax
Board shall not use the information it receives under this section
to collect the past-due support from that obligor.
   (1) With respect to files compiled under paragraph (1) of
subdivision (c), the Franchise Tax Board shall forward to the
counties, in accordance with guidelines prescribed by the State
Department of Social Services and the Franchise Tax Board,
information obtained from the financial institutions pursuant to this
section.  No county shall use this information for directly levying
on any account.  Each county shall keep the information confidential
as provided by Section 11478.1 of the Welfare and Institutions Code.

   (2) With respect to files compiled under paragraph (2) of
subdivision (c), the amount collected by the Franchise Tax Board
shall be deposited and distributed to the referring state in
accordance with Section 19272.
   (h) For those noncustodial parents owing past-due support for
which there is a match under paragraph (1) of subdivision (d), the
amount past due as indicated on the file or files compiled pursuant
to subdivision (c) at the time of the match shall be a delinquency
under this article for the purposes of the Franchise Tax Board taking
any collection action pursuant to Section 18670 or 18670.5.
   (i) (1) Each county shall notify the Franchise Tax Board upon the
occurrence of the circumstances described in the following
subparagraphs with respect to an obligor of past-due support:
   (A) All of the following apply:
   (i) A court has ordered an obligor to make scheduled payments on a
child support arrearages obligation.
   (ii) The obligor is in compliance with that order.
   (B) An earnings assignment order or a notice of assignment that
includes an amount for past-due support has been served on the
obligated parent's employer and earnings are being withheld pursuant
to the earnings assignment order or a notice of assignment.
   (C) At least 50 percent of the obligated parent's earnings are
being withheld for support.
   (D) The obligor is less than 90 days delinquent in the payment of
any amount of support.  For purposes of this subparagraph, any
delinquency existing at the time a case is received by a district
attorney shall not be considered until 90 days have passed.
   (E) A child support delinquency need not be referred to the
Franchise Tax Board for collection if a jurisdiction outside this
state is enforcing the support order.
   (2) Upon notification, the Franchise Tax Board shall not use the
information it receives under this section to collect any past-due
support from that obligor.
   (j) Notwithstanding subdivision (i), the Franchise Tax Board may
use the information it receives under this section to collect any
past-due support at any time if a county requests action be taken.
   (k) The Franchise Tax Board may not use the information it
receives under this section to collect any past-due support if a
county has applied for and received an exemption from the State
Department of Social Services as provided by subdivision (k) of
Section 19271, unless that county specifically requests collection
against that obligor.  The Franchise Tax Board may not use the
information it receives under this section to collect any past-due
support if a county requests that action not be taken.
   (l) For purposes of this section:
   (1) "Account" means any demand deposit account, share or share
draft account, checking or negotiable withdrawal order account,
savings account, time deposit account, or a money market mutual fund
account, whether or not the account bears interest.
   (2) "Financial institution" has the same meaning as defined in
Section 669A(d)(1) of Title 42 of the United States Code.
   (3) "Past-due support" means any child support obligation that is
unpaid on the due date for payment.
   (m)  Out of any money received from the federal government for the
purpose of reimbursing financial institutions for their actual and
reasonable costs incurred in complying with this section, the state
shall reimburse those institutions.  To the extent that money is not
provided by the federal government for that purpose, the state shall
not reimburse financial institutions for their costs in complying
with this section.
   (n) By March 1, 1998, the Franchise Tax Board and the Department
of Social Services, in consultation with counties and financial
institutions, shall jointly propose an implementation plan for
inclusion in the annual Budget Act, or in other legislation that
would fund this program.  The implementation plan shall take into
account the program's financial benefits, including the costs of all
participating private and public agencies.  It is the intent of the
Legislature that this program shall result in a net savings to the
state and the counties.
  SEC. 17.  Section 19272 of the Revenue and Taxation Code is amended
to read:
   19272.  (a) Any child support delinquency collected by the
Franchise Tax Board, including those amounts that result in
overpayment of a child support delinquency, shall be deposited in the
State Treasury, after clearance of the remittance, to the credit of
the Special Deposit Fund and distributed as specified by interagency
agreement executed by the Franchise Tax Board and the State
Department of Social Services, with the concurrence of the
Controller.  Notwithstanding Section 13340 of the Government Code,
all moneys deposited in the Special Deposit Fund pursuant to this
article are hereby continuously appropriated, without regard to
fiscal years, for purposes of making distributions.
   (b) When a child support delinquency, or any portion thereof, has
been collected by the Franchise Tax Board pursuant to this article,
the district attorney or other IV-D agency enforcing the order shall
be notified that the delinquency or some portion thereof has been
collected and shall be provided any other necessary relevant
information requested.
   (c) The referring county district attorney shall receive credit
for the amount of collections made pursuant to the referral, and
shall receive the applicable child support enforcement incentives
pursuant to Section 15200.81 of the Welfare and Institutions Code.
Collection costs incurred by the Franchise Tax Board shall be paid by
federal reimbursement with any balance to be paid from the General
Fund.
   (d) For collections made pursuant to a referral for administrative
enforcement or an interstate case, the IV-D agency in this state
shall receive credit for the amount of collections made pursuant to
the referral and shall receive the applicable federal child support
enforcement incentives.
  SEC. 17.5.  Section 19272 of the Revenue and Taxation Code is
amended to read:
   19272.  (a) Any child support delinquency collected by the
Franchise Tax Board, including those amounts that result in
overpayment of a child support delinquency, shall be deposited in the
State Treasury, after clearance of the remittance, to the credit of
the Special Deposit Fund and distributed as specified by interagency
agreement executed by the Franchise Tax Board and the State
Department of Social Services, with the concurrence of the
Controller.  Notwithstanding Section 13340 of the Government Code,
all moneys deposited in the Special Deposit Fund pursuant to this
article are hereby continuously appropriated, without regard to
fiscal years, for purposes of making distributions.
   (b) When a child support delinquency, or any portion thereof, has
been collected by the Franchise Tax Board pursuant to this article,
the local child support agency or other IV-D agency enforcing the
order shall be notified that the delinquency or some portion thereof
has been collected and shall be provided any other necessary relevant
information requested.
   (c) The referring local child support agency shall receive credit
for the amount of collections made pursuant to the referral,
including credit for purposes of the child support enforcement
incentives pursuant to Section 17704 of the Family Code.  Collection
costs incurred by the Franchise Tax Board shall be paid by federal
reimbursement with any balance to be paid from the General Fund.
   (d) For collections made pursuant to a referral for administrative
enforcement or an interstate case, the IV-D agency in this state
shall receive credit for the amount of collections made pursuant to
the referral and shall receive the applicable federal child support
enforcement incentives.
   (e) For amounts to be paid as a result of the Franchise Tax Board'
s activities taken pursuant to this chapter or Section 17501 of the
Family Code, the Franchise Tax Board shall notify the obligor or
third party to make the required payment directly to the local child
support agency that referred the delinquency to the Franchise Tax
Board for deposit, cashiering, and disbursement of the payment,
regardless of the form and manner for making the payments, including
electronic means.  The Franchise Tax Board may, subject to approval
by the Department of Child Support Services, phase in this
responsibility for the local child support agency to deposit,
cashier, and disburse payments collected pursuant to the Franchise
Tax Board accounts receivable management functions only to the extent
necessary to ensure that the local child support agency is capable
of accepting payment in the form and manner provided.
   (f) When the statewide disbursement unit is operational, the
obligors and third parties shall be directed to make child support
payments to that unit instead of the counties, in accordance with the
Department of Child Support Services Regulations.
  SEC. 18.  Section 19273 of the Revenue and Taxation Code is amended
to read:
   19273.  (a) For the collection pursuant to this article of any
child support delinquency from any obligated parent who is out of
state, the Franchise Tax Board may utilize the procedures and
mechanisms currently available for collection of taxes owed from
out-of-state taxpayers, pursuant to Section 19376.  As necessary, the
Franchise Tax Board shall seek reciprocal agreements with other
states to improve its ability to collect child support payments from
out-of-state obligated parents on behalf of custodial parents
residing in California.  The Franchise Tax Board shall also share
with the Internal Revenue Service any tax return information with
respect to the location of the obligated parent, and may pursue
agreements with the Internal Revenue Service, as permitted by federal
law, to improve collections of child support delinquencies from
out-of-state obligated parents through cooperative agreements with
the service.
   (b) The California Child Support Automated System, established
pursuant to Chapter 4 (commencing with Section 10080) of Part 1 of
Division 9 of the Welfare and Institutions Code, shall, for purposes
of this article, include the capacity to interface and exchange
information with the Franchise Tax Board, and if feasible, the
Internal Revenue Service, to enable the immediate reporting and
tracking of obligated parent information.
   (c) The State Department of Social Services and the Franchise Tax
Board shall enter into any interagency agreements that are necessary
for the implementation of this article.
  SEC. 19.  Section 213.5 of the Welfare and Institutions Code is
amended to read:
   213.5.  (a) After a petition has been filed pursuant to Section
311 to declare a child a dependent child of the juvenile court, and
until the time that the petition is dismissed or dependency is
terminated, upon application in the manner provided by Section 527 of
the Code of Civil Procedure, the juvenile court may issue ex parte
orders (1) enjoining any parent, guardian, or current or former
member of the child's household from molesting, attacking, striking,
sexually assaulting, stalking, or battering the child or any other
child in the household; (2) excluding any parent, guardian, or
current or former member of the child's household from the dwelling
of the person who has care, custody, and control of the child; and
(3) enjoining a parent, guardian, or current or former member of the
child's household from behavior, including contacting, threatening,
or disturbing the peace of the child, that the court determines is
necessary to effectuate orders under paragraph (1) or (2).
   (b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any parent, guardian or current or former member of the
child's household from molesting, attacking, threatening, sexually
assaulting, stalking, or battering the child; (2) excluding any
parent, guardian, or current or former member of the child's
household from the dwelling of the person who has care, custody, and
control of the child; or (3) enjoining the child from contacting,
threatening, stalking, or disturbing the peace of any person the
court finds to be at risk from the conduct of the child, or with whom
association would be detrimental to the child.
   (c) In the case in which a temporary restraining order is granted
without notice, the matter shall be made returnable on an order
requiring cause to be shown why the order should not be granted, on
the earliest day that the business of the court will permit, but not
later than 15 days or, if good cause appears to the court, 20 days
from the date the temporary restraining order is granted.  The court
may, on the motion of the person seeking the restraining order, or on
its own motion, shorten the time for service on the person to be
restrained of the order to show cause.  Any hearing pursuant to this
section may be held simultaneously with any regularly scheduled
hearings held in proceedings to declare a child a dependent child or
ward of the juvenile court pursuant to Section 300, 601, or 602, or
subsequent hearings regarding the dependent child or ward.
   (d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c).  Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, not to exceed three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further
order of the court on the motion of any party to the restraining
order.
   (e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (c), or (d) excluding a person from a residence or
dwelling.  This order may be issued for the time and on the
conditions that the court determines, regardless of which party holds
legal or equitable title or is the lessee of the residence or
dwelling.
   (2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
   (A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
   (C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
   (f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
   (g) The juvenile court shall order any designated person or
attorney to mail a copy of any order, or extension, modification, or
termination thereof, granted pursuant to subdivision (a), (b), (c),
or (d), by the close of the business day on which the order,
extension, modification, or termination was granted, and any
subsequent proof of service thereof, to each local law enforcement
agency designated by the person seeking the restraining order or his
or her attorney having jurisdiction over the residence of the person
who has care, custody, and control of the child and other locations
where the court determines that acts of domestic violence or abuse
against the child or children are likely to occur.  Each appropriate
law enforcement agency shall make available through an existing
system for verification, information as to the existence, terms, and
current status of any order issued pursuant to subdivision (a), (b),
(c), or (d) to any law enforcement officer responding to the scene of
reported domestic violence or abuse.
   (h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
  SEC. 19.5.  Section 213.5 of the Welfare and Institutions Code is
amended to read:
   213.5.  (a) After a petition has been filed pursuant to Section
311 to declare a child a dependent child of the juvenile court, and
until the time that the petition is dismissed or dependency is
terminated, upon application in the manner provided by Section 527 of
the Code of Civil Procedure, the juvenile court may issue ex parte
orders (1) enjoining any parent, guardian, or current or former
member of the child's household from molesting, attacking, striking,
sexually assaulting, stalking, or battering the child or any other
child in the household; (2) excluding any parent, guardian, or
current or former member of the child's household from the dwelling
of the person who has care, custody, and control of the child; and
(3) enjoining a parent, guardian, or current or former member of the
child's household from behavior, including contacting, threatening,
or disturbing the peace of the child, that the court determines is
necessary to effectuate orders under paragraph (1) or (2).
   (b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any parent, guardian or current or former member of the
child's household from molesting, attacking, threatening, sexually
assaulting, stalking, or battering the child; (2) excluding any
parent, guardian, or current or former member of the child's
household from the dwelling of the person who has care, custody, and
control of the child; or (3) enjoining the child from contacting,
threatening, stalking, or disturbing the peace of any person the
court finds to be at risk from the conduct of the child, or with whom
association would be detrimental to the child.
   (c) In the case in which a temporary restraining order is granted
without notice, the matter shall be made returnable on an order
requiring cause to be shown why the order should not be granted, on
the earliest day that the business of the court will permit, but not
later than 15 days or, if good cause appears to the court, 20 days
from the date the temporary restraining order is granted.  The court
may, on the motion of the person seeking the restraining order, or on
its own motion, shorten the time for service on the person to be
restrained of the order to show cause.  Any hearing pursuant to this
section may be held simultaneously with any regularly scheduled
hearings held in proceedings to declare a child a dependent child or
ward of the juvenile court pursuant to Section 300, 601, or 602, or
subsequent hearings regarding the dependent child or ward.

          (d) The juvenile court may issue, upon notice and a
hearing, any of the orders set forth in subdivisions (a), (b), and
(c).  Any restraining order granted pursuant to this subdivision
shall remain in effect, in the discretion of the court, not to exceed
three years, unless otherwise terminated by the court, extended by
mutual consent of all parties to the restraining order, or extended
by further order of the court on the motion of any party to the
restraining order.
   (e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (c), or (d) excluding a person from a residence or
dwelling.  This order may be issued for the time and on the
conditions that the court determines, regardless of which party holds
legal or equitable title or is the lessee of the residence or
dwelling.
   (2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
   (A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
   (C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
   (f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
   (g) The juvenile court shall order any designated person or
attorney to mail a copy of any order, or extension, modification, or
termination thereof, granted pursuant to subdivision (a), (b), (c),
or (d), by the close of the business day on which the order,
extension, modification, or termination was granted, and any
subsequent proof of service thereof, to each local law enforcement
agency designated by the person seeking the restraining order or his
or her attorney having jurisdiction over the residence of the person
who has care, custody, and control of the child and other locations
where the court determines that acts of domestic violence or abuse
against the child or children are likely to occur.  Each appropriate
law enforcement agency shall make available through an existing
system for verification, information as to the existence, terms, and
current status of any order issued pursuant to subdivision (a), (b),
(c), or (d) to any law enforcement officer responding to the scene of
reported domestic violence or abuse.
   (h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
   (i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code.  However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.

   (j) Information on any juvenile court restraining order related to
domestic violence issued by a court pursuant to this section shall
be transmitted to the Department of Justice in accordance with
subdivision (b) of Section 6380 of the Family Code.
  SEC. 20.  Section 11350.75 is added to the Welfare and Institutions
Code, to read:
   11350.75.  (a)  Notwithstanding any other provision of law, if a
support obligor is delinquent in the payment of support and the local
child support agency is enforcing the support obligation pursuant to
Section 11350 or 11475.1, a lien for child support shall arise
against the personal property of the support obligor in either of the
following circumstances:
   (1) By operation of law for all amounts of overdue support,
regardless of whether the amounts have been adjudicated or otherwise
determined.
   (2) When either a court having continuing jurisdiction or the
local child support agency determines a specific amount of arrearages
is owed by the support obligor.
   (b) The lien for child support shall be perfect by filing a notice
of child support lien with the Secretary of State pursuant to
Section 697.510 of the Code of Civil Procedure.  Once filed, the
child support lien shall have the same priority, force, and effect as
a judgment lien on personal property pursuant to Article 3
(commencing with Section 697.510) of Chapter 2 of Division 2 of
Article 9 of the Code of Civil Procedure.
   (c) For purposes of this section, the following definitions shall
apply:
   (1) "Notice of child support lien" means a document filed with the
Secretary of State that substantially complies with the requirements
of Section 697.550 of the Code of Civil Procedure.
   (2) "Support obligor is delinquent in payment of support" means
that the support obligor has failed to make payment equal to one
month's support obligation.
   (3) "Personal property" means that property that is subject to
attachment by a judgment lien pursuant to Section 697.530 of the Code
of Civil Procedure.
   (d) Nothing in this section shall affect the priority of any of
the following interests:
   (1) State tax liens as set forth in Article 2 (commencing with
Section 7170) of Division 7 of Title 1 of the Government Code.
   (2) Liens or security interests as set forth in Article 3
(commencing with Section 697.510) of Chapter 2 of Division 2 of
Article 9 of the Code of Civil Procedure.
   (e) As between competing child support liens and state tax liens,
a child support lien arising under this section shall have priority
over a state tax lien if (1) the child support lien is filed with the
Secretary of State, (2) the notice of child support lien is filed in
an action or proceeding in which the obligor may become entitled to
property or money judgment, or (3) the levy for child support on
personal property is made, before a notice of state tax lien is filed
with the Secretary of State pursuant to Section 7171 of the
Government Code or filed in an action or proceeding in accordance
with Section 7173 of the Government Code.
   (f) A personal property lien for child support arising in another
state may be enforced in the same manner and to the same extent as a
personal property lien arising in this state.
  SEC. 21.  Section 11475.1 of the Welfare and Institutions Code is
amended to read:
   11475.1.  (a) Each county shall maintain a single organizational
unit located in the office of the district attorney which shall have
the responsibility for promptly and effectively establishing,
modifying, and enforcing child support obligations, including medical
support, enforcing spousal support orders established by a court of
competent jurisdiction, and determining paternity in the case of a
child born out of wedlock.  The district attorney shall take
appropriate action, both civil and criminal, to establish, modify,
and enforce child support and, when appropriate, enforce spousal
support orders when the child is receiving public assistance,
including Medi-Cal, and, when appropriate, may take the same actions
on behalf of a child who is not receiving public assistance,
including Medi-Cal.  The district attorney shall refer all child
support delinquencies to the Franchise Tax Board pursuant to Section
19271 of the Revenue and Taxation Code.
   (b) Actions brought by the district attorney to establish
paternity or child support or to enforce child support obligations
shall be completed within the time limits set forth by federal law.
The district attorney's responsibility applies to spousal support
only where the spousal support obligation has been reduced to an
order of a court of competent jurisdiction.  In any action brought
for modification or revocation of an order that is being enforced
under Title IV-D of the Social Security Act (42 U.S.C. Sec. 651 et
seq.), the effective date of the modification or revocation shall be
as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or any
subsequent date.
   (c) (1) The Judicial Council, in consultation with the department
and representatives of the California Family Support Council, the
Senate Committee on Judiciary, the Assembly Committee on Judiciary,
and a legal services organization providing representation on child
support matters, shall develop simplified summons, complaint, and
answer forms for any action for support brought pursuant to this
section or Section 11350.1.  The Judicial Council may combine the
summons and complaint in a single form.
   (2) The simplified complaint form shall provide the defendant with
notice of the amount of child support that is sought pursuant to the
guidelines set forth in Article 2 (commencing with Section 4050) of
Chapter 2 of Part 2 of the Family Code based upon the income or
income history of the defendant as known to the district attorney.
If the defendant's income or income history is unknown to the
district attorney, the complaint shall inform the defendant that
income shall be presumed in an amount that results in a court order
equal to the minimum basic standard of adequate care for Region I
provided in Sections 11452 and 11452.018 unless information
concerning the defendant's income is provided to the court.  The
complaint form shall be accompanied by a proposed judgment.  The
complaint form shall include a notice to the defendant that the
proposed judgment will become effective if he or she fails to file an
answer with the court within 30 days of service.
   (3) (A) The simplified answer form shall be written in simple
English and shall permit a defendant to answer and raise defenses by
checking applicable boxes.  The answer form shall include
instructions for completion of the form and instructions for proper
filing of the answer.
   (B) The answer form shall be accompanied by a blank income and
expense declaration or simplified financial statement and
instructions on how to complete the financial forms.  The answer form
shall direct the defendant to file the completed income and expense
declaration or simplified financial statement with the answer, but
shall state that the answer will be accepted by a court without the
income and expense declaration or simplified financial statement.
   (C) The clerk of the court shall accept and file answers, income
and expense declarations, and simplified financial statements that
are completed by hand provided they are legible.
   (4) (A) The simplified complaint form prepared pursuant to this
subdivision shall be used by the district attorney or the Attorney
General in all cases brought under this section or Section 11350.1.
   (B) The simplified answer form prepared pursuant to this
subdivision shall be served on all defendants with the simplified
complaint.  Failure to serve the simplified answer form on all
defendants shall not invalidate any judgment obtained.  However,
failure to serve the answer form may be used as evidence in any
proceeding under Section 11356 of this code or Section 473 of the
Code of Civil Procedure.
   (C) The Judicial Council shall add language to the governmental
summons, for use by the district attorney with the governmental
complaint to establish parental relationship and child support,
informing defendants that a blank answer form should have been
received with the summons and additional copies may be obtained from
either the district attorney's office or the superior court clerk.
   (d) In any action brought or enforcement proceedings instituted by
the district attorney pursuant to this section for payment of child
or spousal support, an action to recover an arrearage in support
payments may be maintained by the district attorney at any time
within the period otherwise specified for the enforcement of a
support judgment, notwithstanding the fact that the child has
attained the age of majority.
   (e) The county shall undertake an outreach program to inform the
public that the services described in subdivisions (a) to (c),
inclusive, are available to persons not receiving public assistance.
There shall be prominently displayed in every public area of every
office of the units established by this section a notice, in clear
and simple language prescribed by the Director of Social Services,
that the services provided in subdivisions (a) to (c), inclusive, are
provided to all individuals whether or not they are recipients of
public social services.
   (f) In any action to establish a child support order brought by
the district attorney in the performance of duties under this
section, the district attorney may make a motion for an order
effective during the pendency of that action, for the support,
maintenance, and education of the child or children that are the
subject of the action.  This order shall be referred to as an order
for temporary support.  This order shall have the same force and
effect as a like or similar order under the Family Code.
   The district attorney shall file a motion for an order for
temporary support within the following time limits:
   (1) If the defendant is the mother, a presumed father under
Section 7611 of the Family Code, or any father where the child is at
least six months old when the defendant files his answer, the time
limit is 90 days after the defendant files an answer.
   (2) In any other case where the defendant has filed an answer
prior to the birth of the child or not more than six months after the
birth of the child, then the time limit is nine months after the
birth of the child.
   If more than one child is the subject of the action, the
limitation on reimbursement shall apply only as to those children
whose parental relationship and age would bar recovery were a
separate action brought for support of that child or those children.

   If the district attorney fails to file a motion for an order for
temporary support within time limits specified in this section, the
district attorney shall be barred from obtaining a judgment of
reimbursement for any support provided for that child during the
period between the date the time limit expired and the motion was
filed, or, if no motion is filed, when a final judgment is entered.
   Nothing in this section prohibits the district attorney from
entering into cooperative arrangements with other county departments
as necessary to carry out the responsibilities imposed by this
section pursuant to plans of cooperation with the departments
approved by the State Department of Social Services.
   Nothing in this section shall otherwise limit the ability of the
district attorney from securing and enforcing orders for support of a
spouse or former spouse as authorized under any other provision of
law.
   (g) As used in this article, "enforcing obligations" includes, but
is not limited to, (1) the use of all interception and notification
systems operated by the State Department of Social Services for the
purposes of aiding in the enforcement of support obligations, (2) the
obtaining by the district attorney of an initial order for child
support, which may include medical support or which is for medical
support only, by civil or criminal process, (3) the initiation of a
motion or order to show cause to increase an existing child support
order, and the response to a motion or order to show cause brought by
an obligor parent to decrease an existing child support order, or
the initiation of a motion or order to show cause to obtain an order
for medical support, and the response to a motion or order to show
cause brought by an obligor parent to decrease or terminate an
existing medical support order, without regard to whether the child
is receiving public assistance, (4) the response to a notice of
motion or order to show cause brought by an obligor parent to
decrease an existing spousal support order when the child or children
are residing with the obligee parent and the district attorney is
also enforcing a related child support obligation owed to the obligee
parent by the same obligor, and (5) the use of the collection
services of the Franchise Tax Board to enforce the collection of
child support delinquencies under Section 19271 of the Revenue and
Taxation Code.
   (h) As used in this section, "out of wedlock" means that the
biological parents of the child were not married to each other at the
time of the child's conception.
   (i) 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.).  Notwithstanding
any other law, the district attorney shall utilize the collection
services of the Franchise Tax Board under Section 19271 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
requirement to refer child support delinquencies to the Franchise Tax
Board for collection pursuant to Section 19271 of the Revenue and
Taxation Code.
   (j) In the exercise of the authority granted under this article,
the district attorney may intervene, pursuant to subdivision (b) of
Section 387 of the Code of Civil Procedure, by ex parte application,
in any action under the Family Code, or other proceeding wherein
child support is an issue or a reduction in spousal support is
sought.  By notice of motion, order to show cause, or responsive
pleading served upon all parties to the action, the district attorney
may request any relief as appropriate that the district attorney is
authorized to seek.
   (k) The district attorney shall comply with any guidelines
established by the State Department of Social Services which set time
standards for responding to requests for assistance in locating
absent parents, establishing paternity, establishing child support
awards, and collecting child support payments.
   (l) As used in this article, medical support activities which the
district attorney is authorized to perform are limited to the
following:
   (1) The obtaining and enforcing of court orders for health
insurance coverage.
   (2) Any other medical support activity mandated by federal law or
regulation.
   (m) (1) Notwithstanding any other provision of law, venue for an
action or proceeding under this part shall be determined as follows:

   (A) Venue shall be in the superior court in the county that is
currently expending public assistance.
   (B) If public assistance is not currently being expended, venue
shall be in the superior court in the county where the child who is
entitled to current support resides or is domiciled.
   (C) If current support is no longer payable through, or
enforceable by, the district attorney, venue shall be in the superior
court in the county that last provided public assistance for actions
to enforce arrearages assigned pursuant to Section 11477.
   (D) If subparagraphs (A), (B), and (C) do not apply, venue shall
be in the superior court in the county of residence of the support
obligee.
   (E) If the support obligee does not reside in California, and
subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in
the superior court of the county of residence of the obligor.
   (2) Notwithstanding paragraph (1), if the child becomes a resident
of another county after an action under this part has been filed,
venue may remain in the county where the action was filed until the
action is completed.
   (n) The district attorney of one county may appear on behalf of
the district attorney of any other county in an action or proceeding
under this part.
  SEC. 22.  Section 18205 of the Welfare and Institutions Code is
amended and renumbered to read:
   18205.5.  The director may, pursuant to this article, approve
county demonstration projects to provide employment and training
services to nonsupporting, noncustodial parents of children who are
recipients of aid under Chapter 2 (commencing with Section 11200) of
Part 3 or Article 5 (commencing with Section 18241) of Chapter 3.3 of
Part 6 or any other public social service as defined in Section
10051.  In a county operating a demonstration project pursuant to
this section, the superior court may order a nonsupporting,
noncustodial parent of a child receiving aid under Chapter 2
(commencing with Section 11200) of Part 3 or Article 5 (commencing
with Section 18241) of Chapter 3.3 of Part 6 or any other public
social service as defined in Section 10051 to participate, as
appropriate, in job training, job search, vocational rehabilitation,
and other work activities, as well as in parental development
training.  The superior court, the child support division of the
district attorney's office, and the county welfare department, in a
demonstration county, shall all agree to cooperate in the operation
of the demonstration project.
  SEC. 22.5.  Section 18205 of the Welfare and Institutions Code is
amended and renumbered to read:
   18205.5.  The Director of Child Support Services may, pursuant to
this article, approve county demonstration projects to provide
employment and training services to nonsupporting, noncustodial
parents of children who are recipients of aid under Chapter 2
(commencing with Section 11200) of Part 3 or Article 5 (commencing
with Section 18241) of Chapter 3.3 of Part 6 or any other public
social service as defined in Section 10051.  In a county operating a
demonstration project pursuant to this section, the superior court
may order a nonsupporting, noncustodial parent of a child receiving
aid under Chapter 2 (commencing with Section 11200) of Part 3 or
Article 5 (commencing with Section 18241) of Chapter 3.3 of Part 6 or
any other public social service as defined in Section 10051 to
participate, as appropriate, in job training, job search, vocational
rehabilitation, and other work activities, as well as in parental
development training.  The superior court, county department of child
support services, and the county welfare department, in a
demonstration county, shall all agree to cooperate in the operation
of the demonstration project.
  SEC. 23.  The expansion of eligibility for services under Section
18205.5 of the Welfare and Institutions Code provided for under
Section 22 of this act shall be accomplished within budgeted
resources.
  SEC. 24.  Section 16 of this act shall become operative July 1,
2001.
  SEC 25.  Section 15 of this bill shall become operative only if AB
196 is enacted and becomes operative on or before January 1, 2000,
and this bill is enacted after AB 196, in which case, Section 20 of
this bill shall not become operative.
  SEC. 26.  (a) Section 14 of this bill shall become operative only
if (1) AB 196 is enacted and becomes operative on or before January
1, 2000, and that bill adds Section 17400 to the Family Code, (2)  SB
542 is not enacted or as enacted does not amend that section, (3) AB
380 is not enacted or as enacted does not amend Section 11475.1 of
the Welfare and Institutions Code, and (4) this bill is enacted last,
in which case, Sections 14.2, 14.4, 14.6, and 21 of this bill shall
not become operative.
   (b) Section 14.2 of this bill incorporates amendments to Section
17400 of the Family Code, as added by AB 196, proposed by both this
bill and SB 542.  It shall only become operative if (1) AB 196 is
enacted and becomes operative on or before January 1, 2000, and that
bill adds Section 17400 to the Family Code, (2) both this bill and SB
542 are enacted and become effective on or before January 1, 2000,
(3) both this bill and SB 542 amend Section 17400 of the Family Code,
as added by AB 196, (4) AB 380 is not enacted or as enacted does not
amend Section 11475.1 of the Welfare and Institutions Code, and (5)
this bill is enacted last, in which case Sections 14, 14.4, 14.6, and
21 of this bill shall not become operative.
   (b) Section 14.4 of this bill incorporates amendments to Section
17400 of the Family Code, as added by AB 196, proposed by both this
bill and AB 380.  It shall only become operative if (1) AB 196 is
enacted and becomes operative on or before January 1, 2000, and that
bill adds Section 17400 to the Family Code, (2) both this bill and AB
380 are enacted and become effective on or before January 1, 2000,
(3) AB 380 amends Section 11475.1 of the Welfare and Institutions
Code, (4) SB 542 is not enacted or as enacted does not amend Section
17400 of the Family Code, and (5) this bill is enacted last, in which
case Sections 14, 14.2, 14.6, and 21 of this bill shall not become
operative.
   (c) Section 14.6 of this bill incorporates amendments to Section
17400 of the Family Code, as added by AB 196, proposed by this bill,
SB 542, and AB 380. It shall only become operative if (1) AB 196 is
enacted and becomes operative on or before January 1, 2000, and that
bill adds Section 17400 to the Family Code, (2) this bill, SB 542,
and AB 380 are enacted and become effective on or before January 1,
2000, (3) both this bill and SB 542 amend Section 17400 of the Family
Code, as added by AB 196, (4) AB 380 amends Section 11475.1 of the
Welfare and Institutions Code, and (5) this bill is enacted last, in
which case Sections 14, 14.2, 14.4, and 21 of this bill shall not
become operative.
   (d) Section 21 of his bill shall become operative only if AB 196
is not enacted or as enacted does not repeal Section 11475.1 of the
Welfare and Institutions Code.
  SEC. 27.  Section 17.5 of this bill incorporates amendments to
Section 19272 of the Revenue and Taxation Code proposed by both this
bill and SB 542.  It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2000, (2)
each bill amends Section 19272 of the Revenue and Taxation Code, and
(3) this bill is enacted after SB 542, in which case Section 17 of
this bill shall not become operative.
  SEC. 28.  Section 19.5 of this bill incorporates amendments to
Section 213.5 of the Welfare and Institutions Code proposed by both
this bill and AB 825.  It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2000,
(2) each bill amends Section 213.5 of the Welfare and Institutions
Code, and (3) this bill is enacted after AB 825, in which case
Section 19 of this bill shall not become operative.
  SEC. 28.  Section 22.5 of this bill incorporates amendments to
Section 18205 of the Welfare and Institutions Code proposed by both
this bill and SB                                             542.  It
shall only become operative if (1) both bills are enacted and become
effective on or before January 1, 2000, (2) each bill amends Section
18205 of the Welfare and Institutions Code, and (3) this bill is
enacted after SB 542, in which case Section 22 of this bill shall not
become operative.
  SEC. 29.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution for certain
costs that may be incurred by a local agency or school district
because in that regard this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.