BILL ANALYSIS �
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 1476 (Leno) - Family law: parentage.
Amended: As Introduced Policy Vote: Judiciary 3-2
Urgency: No Mandate: No
Hearing Date: May 24, 2012 Consultant: Jolie Onodera
SUSPENSE FILE. AS PROPOSED TO BE AMENDED.
Bill Summary: SB 1476 would authorize a court to find that a
child has two presumed parents if the court finds that it is in
the best interest of the child, as specified. This bill would
provide that a child may have a parent-child relationship, as
defined by the Uniform Parentage Act, with more than two
parents. In the case of a child with more than two legal
parents, this bill would require the court to divide child
support obligations among the parents based on the statewide
uniform guideline, adjusted to permit recognition of more than
two parents.
Fiscal Impact:
Potential future cost pressure of approximately $6.4
million (General Fund) to the Department of Child Support
Services (DCSS) to the extent the DCSS could be required to
re-program the child support guideline calculator and Child
Support Enforcement (CSE) automation system to reflect an
adjusted statewide uniform guideline in the future due to
the provisions of this bill.
Near-term costs to the courts likely less than $25,000
(General Fund) per year to determine child support
obligations by deviating from the statewide uniform
guideline and adjusting the child support payment formula
as specified, to the extent allowable under the provisions
of this bill.
Potential cost pressure on the Judicial Council to
review the statewide uniform guideline and recommend
potential revisions to the Legislature in advance of the
four-year interval specified under existing law.
Background: Under existing law, the parents of a minor child are
responsible for supporting the child. Existing state law
establishes a statewide uniform guideline for calculation of
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court-ordered child support and sets forth the intent of the
Legislature to ensure that this state remains in compliance with
federal regulations for child support guidelines in adopting the
statewide uniform guideline.
The courts are required to adhere to the statewide uniform
guideline but may depart from the guideline under special
circumstances, as specified. In order to comply with federal
law, the court is required to state in writing or on the record
the following information whenever the court is ordering an
amount for support that differs from the statewide uniform
guideline formula amount: 1) The amount of support that would
have been ordered under the guideline formula; 2) The reasons
the amount of support ordered differs from the guideline formula
amount; and, 3) The reasons the amount of support ordered is
consistent with the best interests of the children.
The Judicial Council is required to periodically review the
statewide uniform guideline to recommend to the Legislature
appropriate revisions in consideration of changes required by
federal laws and regulations. The review is to occur at least
every four years unless federal law requires a different
interval. In developing its recommendations, the Judicial
Council is required to consult with a broad cross-section of
groups involved in child support issues and subsequently seek
public comment.
At the federal level, the Office of Child Support Enforcement
(OCSE) is part of the Administration for Children and Families
(ACF) within the Department of Health and Human Services (HHS).
During FFY 2009 child support payments of nearly $26.4 billion
were collected and distributed nationwide. Expenditures totaled
about $5.8 billion, with the total caseload of custodial parents
seeking support of15.8 million. Further, over 1.8 million
paternities were established or acknowledged, and 1.3 million
support orders were established.
OCSE works closely with state and tribal child support agencies
in support of their automation efforts. Federal and state child
support automated systems are interdependent. Statewide child
support enforcement systems receive valuable locate and
enforcement information from the Federal Parent Locator Service
(FPLS), but the effective use of this information depends upon
the level of automation in the statewide systems.
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Proposed Law: This bill would provide that where there are more
than two people who have established claims or presumptions of
parentage under existing California law, the court may recognize
more than two parents if doing so would serve the best interests
of the child. This bill would provide that in any case in which
a child has more than two legal parents, the court must allocate
custody and visitation among the parents based on the best
interest of the child, including the stability of the child.
Further, this bill would provide that in any case in which a
child has more than two legal parents, the court shall divide
child support obligations among the parents based on income and
amount of time spent with the child by each parent, according to
the principles set forth in existing statute and the formula set
forth in the statewide uniform guideline, adjusted to permit
recognition of more than two parents.
Staff Comments: The provisions of this bill may create
substantial future costs to the Department of Child Support
Services (DCSS). The DCSS's internal procedures and its
interaction with the federal government, which provides
significant program funding to DCSS, rely on a two-parent model
for the determination of child support obligations, and there is
no precedent for the changes proposed by the bill. The DCSS
computer system does not have the functionality at this time to
accommodate more than two parents and would need to be updated.
To the extent the child support guidelines are modified, the
DCSS may be required to re-program the child support guideline
calculator as well as re-program the CSE computer system to
allow for the new case construct possibilities. CSE
re-programming would include costs for re-designing CSE,
designing and implementing revised CSE generated forms, training
materials, child support regulations, data reports, policies,
and procedures. Estimated workload would also be substantial.
Costs associated with workload and reprogramming are estimated
at $6.4 million (General Fund). DCSS estimates approximately
$5.5 million of the cost would be attributable to CSE staff
re-programming costs, with the remaining $0.9 million for
increased workload to review and revise regulations, policies,
procedures, develop training materials, and conduct statewide
training, and also review and document form changes needed and
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verify that form changes are accurate. Although federal funding
of 66 percent of total costs would be sought, it is unknown at
this time if federal approval would be granted as the provisions
are not currently part of the federally certified CSE system.
In order to receive federal funding, DCSS is required to have a
federally approved state plan. The DCSS has indicated the
federal government is budgeted to provide $686 million for
2012-13 in the proposed Governor's Budget released in January.
It is unknown at this time of the potential impact the proposed
changes may have on the level of future federal funding
currently provided to the DCSS.
The Judicial Council has indicated there would likely be minimal
impact to the courts' workload related to a finding of more than
two legal parents, as all hearings related to parent-child
relationships require an analysis of the child's best interests.
The additional workload on courts to determine child support
payment amounts separate from the established statewide uniform
guideline, assuming the statewide uniform guideline would not
need to be revised, would be dependent upon the number of cases
involved but is not anticipated to be significant at this time.
There could be potential cost pressure on the Judicial Council
to review the statewide uniform guideline and recommend
appropriate revisions to the legislature in advance of four-year
interval specified under existing law should this measure be
enacted.
Recommended Amendments: To clarify that the provisions of this
bill do not necessitate a change to the statewide uniform
guideline, staff recommends an amendment clarifying the new
section should not be construed to require a change to the
established statewide uniform guideline or CSE system.
Author's amendments would clarify that no change to the
statewide uniform guideline or reprogramming of the Child
Support automation system shall be required, nor revisions to
the DCSS regulations, policies, procedures, forms, or training
materials.
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