BILL NUMBER: AB 1743	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Judiciary (Jones (Chair), Evans, Laird,
Levine, Lieber, and Montanez)

                        MARCH 2, 2005

   An act to amend Section 17552 of the Family Code, relating to
child support.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1743, as introduced, Committee on Judiciary.   Child support.
   (1) Existing law requires the State Department of Social Services,
in consultation with the Department of Child Support Services, to
promulgate regulations by which the county child welfare department
shall determine whether it is in the best interests of the child to
have the case referred to the local child support agency for child
support services, in cases that result in foster care assistance
payments, as specified.
   This bill would expand this program to include cases involving
CalWORKs payments to a caretaker relative, Kin-GAP payments, and
other specified aid, thereby imposing a state-mandated local program
by expanding the duties of county child welfare departments.
   (2) Existing law also requires the county child welfare
department, pursuant to department regulation, to review
determinations that it is not in a child's best interest to have his
or her case referred to the local child support agency following each
court hearing.
   This bill would instead require the county child welfare
department to make these reviews annually, as specified.
   (3)
  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.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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


  SECTION 1.  Section 17552 of the  Family Code  is amended to read:

   17552.  (a) The State Department of Social Services, in
consultation with the Department of Child Support Services, shall
promulgate regulations by which the county child welfare department,
in any case of separation or desertion of a parent or parents from a
child that results in  aid   foster care
assistance payments  under Section 11400 of  , or CalWORKs
payments to a caretaker relative under Section 11250 of, or Kin-GAP
payments under Section 11363 of, or aid under subdivision (c) of
Section 10101 of,  the Welfare and Institutions Code, shall
determine whether it is in the best interests of the child to have
the case referred to the local child support agency for child support
services.  If reunification services are not offered or are
terminated, the case may be referred to the local child support
agency. In making the determination, the department regulations shall
provide the factors the county child welfare department shall
consider, including:(1) Whether the payment of support by the parent
will pose a barrier to the proposed reunification, in that the
payment of support will compromise the parent's ability to meet the
requirements of the parent's reunification plan.
   (2) Whether the payment of support by the parent will pose a
barrier to the proposed reunification in that the payment of support
will compromise the parent's current or future ability to meet the
financial needs of the child.
   (b) The department regulations shall provide that, where the
county child welfare department determines that it is not in the best
interests of the child to seek a support order against the parent,
the county child welfare department shall refrain from referring the
case to the local child support agency. The regulations shall define
those circumstances in which it is not in the best interest of the
child to refer the case to the local child support agency.
   (c) The department regulations shall provide, where the county
child welfare department determines that it is not in the child's
best interest to have his or her case referred to the local child
support agency, the county child welfare department shall review that
determination  following each court hearing held under
Section 361.5   annually to coincide with the
redetermination of AFDC-FC eligibility under Section 11401.5 of, or
the CalWORKs eligibility under Section 11265  of  , 
the Welfare and Institutions Code, and shall refer the child's case
to the local child support agency upon a determination that, due to a
change in the child's circumstances, it is no longer contrary to the
child's best interests to have his or her case referred to the local
child support agency.
   (d) The State Department of Social Services shall promulgate all
necessary regulations pursuant to this section on or before October
1, 2002.
  SEC. 2.
  If the Commission on State Mandates determines that this act
contains 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.