BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator S. Joseph Simitian, Chair
BILL NO: AB 1743
A
AUTHOR: Assembly Judiciary Committee
B
VERSION: As Introduced
HEARING DATE: June 14, 2005
1
FISCAL: Senate Appropriations
7
4
CONSULTANT:
3
Sue North
SUBJECT
Child support: Reduced child support debt for reunited
families
SUMMARY
In 2003 AB 1449 (Keeley) was enacted which allowed for debt
accumulated pursuant child support orders to be
"compromised" (i.e., reduced) for children in on public
assistance including foster care when those children are
reunited with the obligor parent if the county determined
that the child support debt created a barrier to
reunification.
This bill provides technical cleanup and clarification of
the prior legislation.
ABSTRACT
Current law:
1.) Requires Department of Child Support Services (DCSS)
to establish
regulations for the compromise of child support
Continued---
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arrearages owed as
reimbursement for public assistance when the child is
returned to the custody
of the obligor in either of the following circumstances:
(a) the child
had been adjudged a dependent of the juvenile court,
but has
since been reunified with the obligor pursuant to an
order of the
juvenile court; or (b) the child had been placed
with a guardian or
relative caregiver, who received public assistance
for the child, and
the child has since been returned to the home of the
obligor.
(Family Code Section 17550.)
2) Provides that the compromise is only appropriate where
the
obligor parent has an income less that 250% of the
federal
poverty level, and the local child support agency
(LCSA)
necessary for the support of the child. Prior to
compromising the
debt, the LCSA is required to consult with the county
child welfare
department. (Family Code Section 17550.)
3) Requires Department of Social Services (DSS) to
establish regulations
by October 1, 2002, defining cases in which it would
be contrary to the best
interest of the child for the county welfare
department to refer a case to an
LCSA for establishment of a support order for the
reimbursement of
Public assistance (AFDC-FC). (Family Code Section
17552.)
4) Requires DSS and DCSS to report to the Governor and the
Legislature on
the results of foster care-child support collection
limitation program no later
than October 1, 2003.
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5) Directs DCSS to establish a compromise of arrears
program for
compromise of state-owed child support arrears for
obligors
who are unable to pay their child support debt.
(Family Code
Section 17560.)
6) States the legislative intent that the Kinship
Guardianship
Assistance Payment Program (Kin-GAP) is intended to
enhance
family preservation and stability by recognizing
that many
children are in long-term, stable placements with
relatives,
that these placements are the permanent plan for
the child,
that dependencies can be dismissed with legal
guardianship
granted to the relative, and that there is no need
for continued
governmental intervention in the family life
through ongoing,
scheduled court and social services supervision of
the placement.
(W&I Code Section 11361.)
This bill:
1) Broadens the references to children receiving public
assistance to
include all types of foster children;
2) Aligns the periodic case reviews as well as the annual
eligibility
redetermination requirements in current law to conform to
subsequent procedural changes otherwise made to the foster
care review process, thus simplifying the procedures
required of counties; and
3) Adds children in placements pursuant to the Kinship
Guardian Assistance Program (Kin-Gap) to the provisions of
this law.
STAFF ANALYSIS OF ASSEMBLY BILL 1743 Page
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FISCAL IMPACT
Unknown minor costs and savings
BACKGROUND AND DISCUSSION
Currently child support orders are established by family
courts for all children of divorce as well as whenever
paternity has been established. When families apply for
public assistance (TANF) substantial effort is initiated
during the eligibility process to establish paternity and
to secure child support orders which, when collected,
reduce the level of public funds required to support the
needy family. Likewise whenever a child is removed from the
custody of the parents as dependent, neglected or abused,
the county similarly initiates the legal process to
establish child support orders to the parents to defray the
cost of care of the children.
The debt associated with the support of one's children is
established in state law as primary; that is, owed child
support comes ahead of all other consumer debt. It cannot,
as an example, be forgiven in a bankruptcy proceeding. The
parent owing the child support may be incarcerated for
non-payment of support-unlike other debt. Moreover, as
state laws have been enacted to increase the amount of
child support awarded by the courts, the amount of debt can
accumulate quickly if obligors are unable or unwilling to
keep up with the monthly payments required.
According to the author child support obligations can make
it difficult for parents of children in foster care to
successfully reunify with their children. This can result
in longer stays in foster care, increasing both risk to the
children and the costs to taxpayers. AB 1449 (Keeley),
Chapter 463 Statutes of 2001, made reunification easier by
alleviating some of the burden of reimbursing the state for
public assistance when a child has returned to the home of
the obligor and the reduction of the payments is necessary
to help the parent or guardian support the child.
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In addition to the provisions regarding arrearage
collections, AB 1449 also allowed county child welfare
agencies to decide up-front to forego the commencement of
child support, if it is determined that the collection of
child support would conflict with reunification efforts.
Assembly votes
Assembly Judiciary 9-0
Assembly Appropriations18-0
Assembly Floor 77-0
POSITIONS
Support: California Welfare Directors Association
(Sponsor)
National Center for Youth Law
Family Law Section of the State Bar of
California
Oppose: None received
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