BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 1751|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: AB 1751
Author: Pan (D)
Amended: As introduced
Vote: 21
SENATE JUDICIARY COMMITTEE : 4-0, 6/26/12
AYES: Evans, Harman, Corbett, Leno
NO VOTE RECORDED: Blakeslee
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 76-0, 5/14/12 - See last page for vote
SUBJECT : Child support: access to information
SOURCE : Childrens Advocacy Institute
DIGEST : This bill (1) authorizes county welfare and
probation agencies to obtain identifying and contact
information for parents of children subject to juvenile
court proceedings from the California Parent Locator
Service (CA-PLS) in order to identify, notify, and assess
noncustodial parents for the placement of dependent
children, (2) requires the Department of Social Services
(DSS) to amend the state foster care plan and issue an
all-county letter explaining that county welfare and
probation agencies are entitled to specified information
contained in child and spousal support records, (3)
authorizes the DSS to develop an interagency agreement with
the Department of Child Support Services (DCSS) delineating
CONTINUED
AB 1751
Page
2
the terms of use of the CA-PLS by the county welfare and
probation agencies, and (4) authorizes the Director of DSS
to adopt emergency regulations necessary for the
implementation of this bill.
ANALYSIS : Existing federal law establishes the Federal
Parent Locator Service (FPLS), which is authorized to
collect specified information concerning parents and
disseminate that information to authorized parties for the
purposes of establishing parentage and establishing,
modifying, or enforcing child support obligations. (42
United States Code Section 653)
Existing federal law permits a state parent locator service
to disclose specified information obtained from the FPLS to
a state agency administering a state plan for child welfare
services, a plan for family support, preservation, or
reunification, or a plan for foster care services, for the
purpose of locating an individual who has or may have
parental rights with respect to a child. (45 Code of
Federal Regulations Section 302.35(a)(2)-(3), (d)(1)-(2))
Existing law provides it is the intent of the Legislature
to protect individual rights and privacy, and to facilitate
and enhance child and spousal support by encouraging the
full and frank disclosure of:
the establishment and maintenance of parent and child
relationships and support obligations;
the enforcement of the child support liability of
absent parents; and
the location of absent parents. (Family Code (FAM)
Section 17212; Welfare and Institutions Code (WIC)
Section 11478.1)
Existing law establishes the California Parent Locator
Service and Central Registry for the purpose of collecting
and disseminating specified information concerning any
parent, putative spouse, spouse, or former spouse, in order
to enable the DCSS and other public agencies to locate
parents, identify their assets, to establish parent-child
relationships, and to enforce support obligations. (FAM
CONTINUED
AB 1751
Page
3
Section 17506)
Existing law mandates that, when a child is removed from
his/her home due to abuse or neglect, social workers must
identify all adult relatives of the child within 30 days in
an attempt to find a suitable relative for placement,
consistent with the child's best interests, and requires
preferential consideration to be given whenever possible
for the placement of the child with a relative as required
by law. (WIC Sections 16000(a), 361.3, 309(e))
This bill permits information provided to the CA-PLS by the
FPLS to be released to county child welfare and probation
agencies administering a state plan for child welfare
service, family support and reunification, or foster care
services pursuant to federal law, and requires that such
information be exchanged through automated processes to the
maximum extent feasible.
This bill requires the DSS to:
1. Amend the state foster care plan in accordance with
federal law by January 30, 2013 in order to implement
access to the CA-PLS by county child welfare and
probation agencies; and
2. Issue an all-county letter or similar instruction by
July 1, 2013 explaining that county child welfare
agencies and probation departments are entitled to
specified information contained in child and spousal
support records.
This bill authorizes the Director of DSS to adopt emergency
regulations implementing the applicable provisions of this
bill if necessary for the immediate preservation of the
public peace, health, safety, or general welfare.
This bill authorizes the DSS to develop an interagency
agreement with the DCSS delineating the terms and
conditions of use of the California Parent Locator Services
and Central Registry by county child welfare agencies and
probation departments.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
CONTINUED
AB 1751
Page
4
Local: Yes
SUPPORT : (Verified 8/7/12)
Children's Advocacy Institute (source)
California Probation, Parole, and Correctional Association
Chief Probation Officers of California
County Welfare Directors Association of California
Junior Leagues of California State Public Affairs Committee
National Association of Social Workers, California Chapter
Santa Clara Board of Supervisors
SEIU
ARGUMENTS IN SUPPORT : According to the author, "If an
appropriate family placement is available for the child, he
or she should not be in foster care. This measure provides
county child welfare agencies, social workers, and
probation officers with the information they need to make
timely, appropriate decisions regarding the placement of
abused and neglected children who have been removed from
their homes."
The County Welfare Directors Association of California
writes:
AB 1751 will enable county child welfare agencies and
probation officers to access child support information
in order to locate noncustodial parents who could
provide a stable placement for children who would
otherwise be placed in foster care due to abuse or
neglect.
Federal authorization exists for county child welfare
agencies to access and use this information in making
placement decisions for children. Unfortunately, this
authorization has never been operationalized in
California, leaving counties without this potentially
valuable tool at their disposal.
ASSEMBLY FLOOR : 76-0, 5/14/12
AYES: Achadjian, Alejo, Allen, Ammiano, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
CONTINUED
AB 1751
Page
5
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fong, Fuentes, Furutani, Beth
Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Wagner,
Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Atkins, Fletcher, Perea, Valadao
RJG:k 8/7/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED