BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1743|
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THIRD READING
Bill No: AB 1743
Author: Assembly Judiciary Committee
Amended: 6/20/05 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 7-0, 6/14/05
AYES: Simitian, Maldonado, Aanestad, Alarcon, Alquist,
Chesbro, Florez
SENATE JUDICIARY COMMITTEE : 6-0, 6/28/05
AYES: Dunn, Morrow, Ackerman, Cedillo, Figueroa, Kuehl
NO VOTE RECORDED: Escutia
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 77-0, 04/28/05 (Passed on Consent) - See
last page for vote
SUBJECT : Child support
SOURCE : California Welfare Directors Association
DIGEST : This bill seeks to clarify and expand the scope
of the existing program allowing for the compromise of
child support dept owed by parents to the state when their
children have been removed from their homes because of
abuse or neglect. This bill also aligns this program's
required review hearings with the annual eligibility
redeterminations required for CalWORKS and foster care.
CONTINUED
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ANALYSIS :
Existing law
1. Requires the Department of Child Support Services, in
consultation with the Department of Social Services, to
promulgate regulations by which a local child support
agency may compromise the obligor parent's liability for
public assistance dept if the following conditions are
met:
A. The child has been adjudged a dependent of the
juvenile court or the child received public
assistance while living with a guardian or relative
caretaker and the child has been returned to the
obligor parent.
B. The obligor parent has an income less than 250
percent of the current federal poverty level.
C. The local child support agency has determined the
compromise is necessary for the child's support
[Family Code Section 17550.]
2. Requires the Department of Social Services, in
conjunction 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 making the determination, the county
department shall consider whether the payment of support
by the parent would pose a barrier to the proposed
reunification because:
A. The payment of support will compromise the parent's
ability to meet the requirements of the reunification
plan.
B. The payment of support will compromise the parent's
current or future ability to meet the financial needs
of the child. [Family Code Section 17552]
3. Requires these regulations be promulgated on or before
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October 1, 2002.
This bill:
1. Provides that the regulations promulgated by the
Department of Social Services noted above shall apply in
any case of separation or desertion that results in
foster care payments, not just federally funded foster
care payments.
2. Provides that this program apply when the separation or
desertion of the child results in Kinship Guardianship
Assistance Program (KinGAP) payments to a relative
guardian.
3. Provides that the child welfare department review the
determination that it is not in the child's best
interests to refer the case to the local child support
agency annually, to coincide with the redetermination
hearing for AFDC-FC eligibility or CalWORKS eligibility.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 7/11/05)
California Welfare Directors Association (source)
Board of Supervisors of Sacramento County
California State Association of Counties
Family Law Section of the State Bar of California
National Center for Youth Law
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Jones, Karnette, Keene, Klehs, Koretz,
La Malfa, Laird, Leno, Leslie, Levine, Lieber, Liu,
Matthews, Maze, McCarthy, Montanez, Mountjoy, Mullin,
Nakanishi, Nation, Nava, Negrete McLeod, Niello, Oropeza,
Parra, Pavley, Plescia, Richman, Ridley-Thomas, Sharon
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Runner, Ruskin, Saldana, Salinas, Spitzer, Strickland,
Torrico, Tran, Umberg, Vargas, Villines, Walters, Wolk,
Wyland, Yee, Nunez
NO VOTE RECORDED: Gordon, Huff, La Suer
CTW:do 7/12/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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