BILL NUMBER: AB 1358 CHAPTERED
BILL TEXT
CHAPTER 808
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2000
APPROVED BY GOVERNOR SEPTEMBER 28, 2000
PASSED THE ASSEMBLY AUGUST 31, 2000
PASSED THE SENATE AUGUST 30, 2000
AMENDED IN SENATE AUGUST 25, 2000
AMENDED IN SENATE AUGUST 23, 2000
AMENDED IN SENATE AUGUST 7, 2000
AMENDED IN SENATE JUNE 21, 2000
AMENDED IN SENATE APRIL 3, 2000
AMENDED IN ASSEMBLY JANUARY 3, 2000
INTRODUCED BY Assembly Members Shelley and Kuehl
FEBRUARY 26, 1999
An act to amend Section 6143.5 of the Business and Professions
Code, to amend Section 1785.3 of the Civil Code, to amend Sections
683.130, 683.310, 689.020, 689.030, 689.040, 689.050, 695.211,
695.221, 699.510, 704.114, 704.120, 704.130, 704.160, 706.030,
708.730, 708.740, and 1218 of the Code of Civil Procedure, to amend
Sections 150, 290, 3030, 3555, 3751.5, 3752, 3761, 3771, 4006, 4009,
4065, 4200, 4201, 4202, 4203, 4204, 4205, 4250, 4251, 4351, 4352,
4502, 4506.3, 4573, 4701, 4721, 4729, 5000, 5001, 5002, 5100, 5214,
5230, 5231, 5235, 5237, 5241, 5244, 5245, 5246, 5247, 5252, 5260,
5261, 5280, 5600, 5601, 5602, 5603, 7558, 7573, 7574, 7575, 7630,
7634, 10008, 17000, 17212, 17304, 17400, 17401, 17402, 17404, 17406,
17430, 17434, 17504, 17505, 17508, 17518, 17525, 17604, and 17714 of,
to amend and renumber Section 17401 of, to add Sections 113, 17531
and 17540 to, to repeal and add Section 291 to, and to repeal
Sections 5101, 5102, and 17400.5 of, the Family Code, to amend
Sections 6103.9, 7480, 11552, 12419.3, 15703, 26746, 27757, 29410,
29411, 29412, 29413, 29414, 29415, and 29416 of the Government Code,
to amend Section 102447 of the Health and Safety Code, to amend
Section 10121.6 of the Insurance Code, to amend Section 138.5 of the
Labor Code, to amend Sections 830.35, 11105, and 13300 of the Penal
Code, to amend Sections 19271.6, 19272, 19274, and 19275 of the
Revenue and Taxation Code, to amend Sections 1088.8, 1255.7, and 2630
of the Unemployment Insurance Code, and to amend Sections 903.4,
903.41, 903.5, 10082, 10604.5, 10604.6, 11457, 11477, 11477.02,
14008.6, and 14124.93 of, and to add Section 11484 to, and to repeal
Section 11479.7 of the Welfare and Institutions Code, relating to
child support enforcement, and declaring the urgency thereof, to take
effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 1358, Shelley. Child support enforcement.
Existing law, as revised in 1999, provides for the implementation
and administration of procedures for the enforcement of child support
obligations and sets forth the duties and functions of specified
state and local entities for this purpose.
Existing law requires each county to maintain a local child
support agency for the purpose of establishing, modifying, and
enforcing child support obligations. Existing law provides for the
transfer of child support collection duties from the district
attorney to the local child support agency by January 1, 2003.
This bill would make conforming changes to provisions governing
the entities authorized to enforce the collection of child support by
deleting references to the district attorney and instead adding
references to the local child support agency. The bill would make
technical changes. The bill would also require local child support
agencies to delete specified criminal history information from a file
when the agency closes a child support enforcement case. By
imposing additional duties on local employees, the bill would impose
a state-mandated local program.
Existing law requires a court, when ordering a party to pay an
amount for support or modifying an order thereof, to include an
earnings assignment order for support requiring the employer of the
obligor to pay the obligee that portion of the obligor's earning due
the obligee.
This bill would provide that an earnings assignment for support
would be issued, and would be effective and enforceable,
notwithstanding the absence of the name, address, or other
identifying information regarding the obligor's employer.
Existing law prohibits the release of information, including the
disclosure of the whereabouts of one party or the child to another
party, or to the attorney of any other party, if a protective order
has been issued by a court or administrative agency, a good cause
claim has been approved or is pending, or the public agency
responsible for establishing paternity or enforcing support has
reason to believe that the release of the information may result in
physical or emotional harm to the party or the child.
This bill would require, when a local child support agency is
prohibited from releasing information for the reasons stated above,
that the information be omitted from any pleading or document to be
submitted to the court. The bill would provide for the release of
this information only upon an order of the court.
Existing law requires each county to maintain a local child
support agency that is responsible for establishing, modifying, and
enforcing support obligations.
This bill would authorize attorneys employed within the local
child support agency to direct, control, and prosecute civil actions
and proceedings in the name of the county in support of child support
activities on behalf of the Department of Child Support Services and
the local agency.
Under existing law, after a support order, including a temporary
support order and an order for medical support only, has been entered
in an action, the parent who requested or who is receiving support
enforcement services of the local child support agency becomes a
party to the action.
This bill would require the local child support agency, once both
parents are parties to an action in cases where Title IV-D services
are currently being provided, to mail the nonmoving party in the
action, within 5 days of receipt, all pleadings relating solely to
the support issue in the action that have been served on the local
child support agency by the moving party. The bill would create a
rebuttable presumption that service upon the child support agency
constitutes valid service on the moving party, and where this
procedure is used to effectuate service on the nonmoving party, the
pleadings shall be served on the local child support agency 30 days
prior to the hearing.
Existing law requires the local child support agency or the
Attorney General to provide written notice to recipients of child
support enforcement services of the initial date and time, and
purpose of every hearing in a civil action for paternity or support.
This bill would require, once the parent who has requested or who
is receiving support enforcement services becomes a party to the
action, the local child support agency or Attorney General to serve
on a parent all pleadings relating to support that have been served
on the local child support agency by the other parent and for the
pleading to be accompanied by a notice.
The bill would also provide that, commencing July 1, 2000, the
Department of Child Support Services shall pay only those county
claims for federal or state reimbursement which are filed with the
department within 9 months of the end of the calendar quarter in
which the costs are paid, except as specified.
This bill would incorporate additional changes in Section 699.510
of the Code of Civil Procedure proposed by AB 2405, to be operative
if this bill and AB 2405 are enacted and become effective on or
before January 1, 2001, and this bill is enacted last.
This bill would incorporate additional changes in Section 3751.5
of the Family Code proposed by AB 2130, to be operative if this bill
and AB 2130 are enacted and become effective on or before January 1,
2001, and this bill is enacted last.
This bill would incorporate additional changes in Section 11552 of
the Government Code proposed by SB 150, to be operative if this bill
and SB 150 are enacted and become effective on or before January 1,
2001, and this bill is enacted last.
This bill would incorporate additional changes in Section 12419.3
of the Government Code proposed by AB 2906, to be operative if this
bill and AB 2906 are enacted and become effective on or before
January 1, 2001, and this bill is enacted last.
This bill would incorporate additional changes in Section 26746 of
the Government Code proposed by AB 1768, to be operative if this
bill and AB 1768 are enacted and become effective on or before
January 1, 2001, and this bill is enacted last.
This bill would incorporate additional changes in Section 11105 of
the Penal Code proposed by SB 2161, to be operative if this bill and
SB 2161 are enacted and become effective on or before January 1,
2001, and this bill is enacted last.
This bill would incorporate additional changes in Section 13300 of
the Penal Code proposed by SB 2161, to be operative if this bill and
SB 2161 are enacted and become effective on or before January 1,
2001, and this bill is enacted last.
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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
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.
This bill would declare that it is to take effect immediately as
an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature recognizes the vital importance to the
well-being of California's children of the prompt and effective
enforcement of support obligations. Title IV-D of the Social
Security Act requires that agencies that carry out Title IV-D support
enforcement functions be given access to information available to
law enforcement agencies and correction systems. It is the intent of
the Legislature that the local child support agencies established by
Section 17304 of the Family Code be authorized to receive the same
level of state summary criminal history information that heretofore
has been available to the district attorney's family support
divisions. It is also the intent of the Legislature that the local
child support agencies be authorized to request state summary
criminal history information from law enforcement agencies and shall
be authorized to provide the information obtained through the
California Law Enforcement Telecommunications System.
SEC. 2. Section 6143.5 of the Business and Professions Code is
amended to read:
6143.5. Any member, active or inactive, failing to pay any child
support after it becomes due shall be subject to Section 17520 of the
Family Code.
SEC. 3. Section 1785.3 of the Civil Code is amended to read:
1785.3. The following terms as used in this title have the
meaning expressed in this section:
(a) "Adverse action" means a denial or revocation of credit, a
change in the terms of an existing credit arrangement which is
adverse to the interests of the consumer, or a refusal to grant
credit in substantially the amount or on substantially the terms
requested. "Adverse action" includes all of the following:
(1) Any denial of, increase in any charge for, or reduction in the
amount of, insurance for personal, family, or household purposes
made in connection with the underwriting of insurance.
(2) Any denial of employment or any other decision made for
employment purposes which adversely affects any current or
prospective employee.
(3) Any action taken, or determination made, with respect to a
consumer (A) for an application for an extension of credit, or an
application for the hiring of a dwelling unit, and (B) that is
adverse to the interests of the consumer.
"Adverse action" does not include (A) a refusal to extend
additional credit to a consumer under an existing credit arrangement
if (i) the applicant is delinquent or otherwise in default under that
credit arrangement or (ii) the additional credit would exceed a
credit limit previously established for the consumer or (B) a refusal
or failure to authorize an account transaction at a point of sale.
(b) "Consumer" means a natural individual.
(c) "Consumer credit report" means any written, oral, or other
communication of any information by a consumer credit reporting
agency bearing on a consumer's credit worthiness, credit standing, or
credit capacity, which is used or is expected to be used, or
collected in whole or in part, for the purpose of serving as a factor
in establishing the consumer's eligibility for: (1) credit to be
used primarily for personal, family, or household purposes, or (2)
employment purposes, or (3) hiring of a dwelling unit, as defined in
subdivision (c) of Section 1940, or (4) other purposes authorized in
Section 1785.11.
The term does not include (1) any report containing information
solely as to transactions or experiences between the consumer and the
person making the report, (2) any communication of that information
or information from a credit application by a consumer that is
internal within the organization that is the person making the report
or that is made to an entity owned by, or affiliated by corporate
control with, that person; provided that the consumer is informed by
means of a clear and conspicuous written disclosure that information
contained in the credit application may be provided to these persons;
however, where a credit application is taken by telephone,
disclosure shall initially be given orally at the time the
application is taken, and a clear and conspicuous written disclosure
shall be made to the consumer in the first written communication to
that consumer after the application is taken, (3) any authorization
or approval of a specific extension of credit directly or indirectly
by the issuer of a credit card or similar device, (4) any report by a
person conveying a decision whether to make a specific extension of
credit directly or indirectly to a consumer in response to a request
by a third party, if the third party advises the consumer of the name
and address of the person to whom the request was made and the
person makes the disclosures to the consumer required under Section
1785.20, (5) any report containing information solely on a consumer's
character, general reputation, personal characteristics, or mode of
living which is obtained through personal interviews with neighbors,
friends, or associates of the consumer reported on, or others with
whom he is acquainted or who may have knowledge concerning those
items of information, (6) any communication about a consumer in
connection with a credit transaction which is not initiated by the
consumer, between persons who are affiliated (as defined in Section
150 of the Corporations Code) by common ownership or common corporate
control (as defined by Section 160 of the Corporations Code), if
either of those persons has complied with paragraph (2) of
subdivision (b) of Section 1785.20.1 with respect to a prequalifying
report from which the information communicated is taken and provided
the consumer has consented to the provision and use of the
prequalifying report in writing, or (7) any consumer credit report
furnished for use in connection with a transaction which consists of
an extension of credit to be used solely for a commercial purpose.
(d) "Consumer credit reporting agency" means any person who, for
monetary fees, dues, or on a cooperative nonprofit basis, regularly
engages in whole or in part in the business of assembling or
evaluating consumer credit information or other information on
consumers for the purpose of furnishing consumer credit reports to
third parties, but does not include any governmental agency whose
records are maintained primarily for traffic safety, law enforcement,
or licensing purposes.
(e) "Credit transaction that is not initiated by the consumer"
does not include the use of a consumer credit report by an assignee
for collection or by a person with which the consumer has an account
for purposes of (1) reviewing the account or (2) collecting the
account. For purposes of this subdivision, "reviewing the account"
includes activities related to account maintenance and monitoring,
credit line increases, and account upgrades and enhancements.
(f) "Employment purposes," when used in connection with a consumer
credit report, means a report used for the purpose of evaluating a
consumer for employment, promotion, reassignment, or retention as an
employee.
(g) "File," when used in connection with information on any
consumer, means all of the information on that consumer recorded and
retained by a consumer credit reporting agency, regardless of how the
information is stored.
(h) "Firm offer of credit" means any offer of credit to a consumer
that will be honored if, based on information in a consumer credit
report on the consumer and other information bearing on the
creditworthiness of the consumer, the consumer is determined to meet
the criteria used to select the consumer for the offer and the
consumer is able to provide any real property collateral specified in
the offer. For purposes of this subdivision, the phrase "other
information bearing on the creditworthiness of the consumer" means
information that the person making the offer is permitted to consider
pursuant to any rule, regulation, or formal written policy statement
relating to the federal Fair Credit Reporting Act, as amended (15
U.S.C. Sec. 1681 et seq.), promulgated by the Federal Trade
Commission or any federal bank regulatory agency.
(i) "Item of information" means any of one or more informative
entries in a credit report which causes a creditor to deny credit to
an applicant or increase the cost of credit to an applicant or deny
an applicant a checking account with a bank or other financial
institution.
(j) "Person" means any individual, partnership, corporation,
trust, estate, cooperative, association, government or governmental
subdivision or agency, or other entity.
(k) "Prequalifying report" means a report containing the limited
information permitted under paragraph (2) of subdivision (b) of
Section 1785.11.
(l) "State or local child support enforcement agency" means the
Department of Child Support Services or local child support agency
acting pursuant to Division 17 (commencing with Section 17000) of the
Family Code to establish, enforce or modify child support
obligations, and any state or local agency or official that succeeds
to these responsibilities under a successor statute.
SEC. 4. Section 683.130 of the Code of Civil Procedure is amended
to read:
683.130. (a) In the case of a lump-sum money judgment or a
judgment for possession or sale of property, the application for
renewal of the judgment may be filed at any time before the
expiration of the 10-year period of enforceability provided by
Section 683.020 or, if the judgment is a renewed judgment, at any
time before the expiration of the 10-year period of enforceability of
the renewed judgment provided by Section 683.120.
(b) In the case of a money judgment payable in installments, the
application for renewal of the judgment may be filed:
(1) If the judgment has not previously been renewed, at any time
as to past due amounts that at the time of filing are not barred by
the expiration of the 10-year period of enforceability provided by
Sections 683.020 and 683.030.
(2) If the judgment has previously been renewed, within the time
specified by subdivision (a) as to the amount of the judgment as
previously renewed and, as to any past due amounts that became due
and payable after the previous renewal, at any time before the
expiration of the 10-year period of enforceability provided by
Sections 683.020 and 683.030.
SEC. 5. Section 683.310 of the Code of Civil Procedure is amended
to read:
683.310. Except as otherwise provided in the Family Code, this
chapter does not apply to a judgment or order made or entered
pursuant to the Family Code.
SEC. 6. Section 689.020 of the Code of Civil Procedure is amended
to read:
689.020. (a) Except as otherwise provided by statute, whenever a
warrant may properly be issued by a local child support agency
pursuant to Section 17522 of the Family Code, and the warrant may be
levied with the same effect as a levy pursuant to a writ of
execution, the local child support agency may use any of the remedies
available to a judgment creditor, including, but not limited to,
those provided in Chapter 6 (commencing with Section 708.010) of
Division 2.
(b) The proper court for the enforcement of the remedies provided
under this chapter is the superior court in the county where the
local child support agency enforcing the support obligation is
located.
SEC. 7. Section 689.030 of the Code of Civil Procedure is amended
to read:
689.030. (a) Whenever the local child support agency, pursuant to
Section 17522 of the Family Code, levies upon property pursuant to a
warrant or notice of levy for the collection of a support
obligation:
(1) If the debtor is a natural person, the debtor is entitled to
the same exemptions to which a judgment debtor is entitled. Except
as provided in subdivisions (b) and (c), the claim of exemption shall
be made, heard, and determined as provided in Chapter 4 (commencing
with Section 703.010) of Division 2 in the same manner as if the
property were levied upon under a writ of execution.
(2) A third person may claim ownership or the right to possession
of the property or a security interest in or lien on the property.
Except as provided in subdivisions (b) and (c) or as otherwise
provided by statute, the third-party claim shall be made, heard, and
determined as provided in Division 4 (commencing with Section
720.010) in the same manner as if the property were levied upon under
a writ of execution.
(b) In the case of a warrant or notice of levy issued pursuant to
Section 17522 of the Family Code, the claim of exemption or the
third-party claim shall be filed with the local child support agency
that issued the warrant or notice of levy.
(c) A claim of exemption or a third-party claim pursuant to this
section shall be heard and determined in the court specified in
Section 689.010 in the county where the local child support agency
enforcing the support obligation is located.
SEC. 8. Section 689.040 of the Code of Civil Procedure is amended
to read:
689.040. (a) Notwithstanding any other provision of law, in the
case of a writ of execution issued by a court of competent
jurisdiction pursuant to Chapter 3 (commencing with Section 699.010)
and Chapter 5 (commencing with Section 706.010) of Division 2, the
local child support agency, when enforcing a support obligation
pursuant to Division 17 (commencing with Section 17000) of the Family
Code, may perform the duties of the levying officer, except that the
local child support agency need not give itself the notices that the
levying officer is required to serve on a judgment creditor or
creditor or the notices that a judgment creditor or creditor is
required to give to the levying officer.
(b) Notwithstanding subdivision (a) of Section 700.140, if the
writ of execution is for a deposit or credits or personal property in
the possession or under the control of a bank or savings and loan
association, the local child support agency may deliver or mail the
writ of execution to a centralized location designated by the bank or
savings and loan association. If the writ of execution is received
at the designated central location, it will apply to all deposits and
credits and personal property held by the bank or savings and loan
association regardless of the location of that property.
SEC. 9. Section 689.050 of the Code of Civil Procedure is amended
to read:
689.050. For the purpose of this chapter:
(a) "Judgment creditor" or "creditor" means the local child
support agency seeking to collect a child or spousal support
obligation pursuant to a support order.
(b) "Judgment debtor" or "debtor" means the debtor from whom the
support obligation is sought to be collected.
SEC. 10. Section 695.211 of the Code of Civil Procedure is amended
to read:
695.211. (a) Every money judgment or order for child support
shall provide notice that interest on arrearages accrues at the legal
rate.
(b) The notice provisions required by this section shall be
incorporated in the appropriate Judicial Council forms.
(c) Upon implementation of the California Child Support Automation
System prescribed in Chapter 4 (commencing with Section 10080) of
Part 1 of Division 9 of the Welfare and Institutions Code and
certification of the California Child Support Automation System by
the United States Department of Health and Human Services, whenever a
statement of account is issued by the local child support agency in
any child support action, the statement shall include a statement of
an amount of current support, arrears, and interest due.
SEC. 11. Section 695.221 of the Code of Civil Procedure is amended
to read:
695.221. Satisfaction of a money judgment for support shall be
credited as follows:
(a) The money shall first be credited against the current month's
support.
(b) Any remaining money is next to be credited against the accrued
interest that remains unsatisfied.
(c) Any remaining money shall be credited against the principal
amount of the judgment remaining unsatisfied. If the judgment is
payable in installments, the remaining money shall be credited
against the matured installments in the order in which they matured.
(d) In cases enforced pursuant to Part D (commencing with Section
651) of Subchapter 4 of Chapter 7 of Title 42 of the United States
Code, if a lump-sum payment is collected from a support obligor who
has money judgments for support owing to more than one family, after
the implementation of the California Child Support Automation (CCSA)
system, all support collected shall be distributed pursuant to
guidelines developed by the State Department of Child Support
Services.
(e) Notwithstanding subdivisions (a), (b), and (c), a collection
received as a result of a federal tax refund offset shall first be
credited against the interest and then the principal amount of past
due support that has been assigned to the state pursuant to Section
11477 of the Welfare and Institutions Code and federal law prior to
the interest and then principal amount of any other past due support
remaining unsatisfied.
(f) If federal law does not permit states to adopt the same order
of distribution for the pre- and post-assistance child support
arrears effective October 1, 1998, the following shall be the order
of distribution of child support collections through September 30,
2000, except for federal tax refund offset collections, for child
support received for families and children who are former recipients
of Aid to Families with Dependent Children (AFDC) program benefits or
former recipients of Temporary Assistance for Needy Families (TANF)
program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children since
leaving the AFDC program or the TANF program and then such
arrearages.
(3) Any remaining money shall next be credited against interest
that accrued on arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF program
and then such arrearages.
(4) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children prior to
receiving benefits from the AFDC program or the TANF program and then
such arrearages.
(g) If federal law does permit states to adopt the same order of
distribution for the pre- and post-assistance child support arrears
effective October 1, 1998, or effective October 1, 2000, whichever
comes first, the following shall be the order of distribution of
child support collections, except for federal tax refund offset
collections, for child support received for families and children who
are former recipients of AFDC program benefits or former recipients
of TANF program benefits:
(1) The money shall first be credited against the current month's
support.
(2) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children since
leaving the AFDC program or the TANF program and then such
arrearages.
(3) Any remaining money shall next be credited against interest
that accrued on arrearages owed to the family or children prior to
receiving benefits from the AFDC program or the TANF program and then
such arrearages.
(4) Any remaining money shall next be credited against interest
that accrued on arrearages owed during the time the family or
children received benefits under the AFDC program or the TANF program
and then such arrearages.
SEC. 12. Section 699.510 of the Code of Civil Procedure is amended
to read:
699.510. (a) Subject to subdivision (b), after entry of a money
judgment, a writ of execution shall be issued by the clerk of the
court upon application of the judgment creditor and shall be directed
to the levying officer in the county where the levy is to be made
and to any registered process server. A separate writ shall be
issued for each county where a levy is to be made. Writs may be
issued successively until the money judgment is satisfied, except
that a new writ may not be issued for a county until the expiration
of 180 days after the issuance of a prior writ for that county unless
the prior writ is first returned.
(b) If the judgment creditor seeks a writ of execution to enforce
a judgment made, entered, or enforceable pursuant to the Family Code,
in addition to the requirements of this article, the judgment
creditor shall satisfy the requirements of any applicable provisions
of the Family Code.
SEC. 12.1. Section 699.510 of the Code of Civil Procedure is
amended to read:
699.510. (a) Subject to subdivision (b), after entry of a money
judgment, a writ of execution shall be issued by the clerk of the
court upon application of the judgment creditor and shall be directed
to the levying officer in the county where the levy is to be made
and to any registered process server. A separate writ shall be
issued for each county where a levy is to be made. Writs may be
issued successively until the money judgment is satisfied, except
that a new writ may not be issued for a county until the expiration
of 180 days after the issuance of a prior writ for that county unless
the prior writ is first returned.
(b) If the judgment creditor seeks a writ of execution to enforce
a judgment made, entered, or enforceable pursuant to the Family Code,
in addition to the requirements of this article, the judgment
creditor shall satisfy the requirements of any applicable provisions
of the Family Code.
(c) (1) The writ of execution shall be issued in the name of the
judgment debtor as listed on the judgment and may include the
additional name or names by which the judgment debtor is known as set
forth in the affidavit of identity, as defined in Section 680.135,
filed by the judgment creditor with the application for issuance of
the writ of execution. Prior to the clerk of court issuing a writ
of execution containing any additional name or names by which the
judgment debtor is known that are not listed on the judgment, the
court shall approve the affidavit of identity. If the court
determines, without a hearing or a notice, that the affidavit of
identity states sufficient facts upon which the judgment creditor has
identified the additional names of the judgment debtor, the court
shall authorize the issuance of the writ of execution with the
additional name or names.
(2) In any case where the writ of execution lists any name other
than that listed on the judgment, the person in possession or control
of the levied property, if other than the judgment debtor, shall not
pay to the levying officer the amount or deliver the property being
levied upon until being notified to do so by the levying officer.
The levying officer may not require the person, if other than the
judgment debtor, in possession or control of the levied property to
pay the amount or deliver the property levied upon until the
expiration of 15 days after service of notice of levy.
(3) If a person who is not the judgment debtor has property
erroneously subject to an enforcement of judgment proceeding based
upon an affidavit of identity, the person shall be entitled to the
recovery of reasonable attorneys' fees and costs from the judgment
creditor incurred in releasing the person's property from a writ of
execution, in addition to any other damages or penalties to which an
aggrieved person may be entitled to by law, including the provisions
of Division 4 (commencing with Section 720.010).
SEC. 13. Section 704.114 of the Code of Civil Procedure is amended
to read:
704.114. (a) Notwithstanding any other provision of law, service
of an earnings assignment order for support, or an order or notice to
withhold income for child support on any public entity described in
Section 704.110, other than the United States government, creates a
lien on all employee contributions in the amount necessary to satisfy
a support judgment as determined under Section 695.210 to the extent
that the judgment remains enforceable.
(b) The public entity shall comply with any request for a return
of employee contributions by an employee named in the order or notice
to withhold by delivering the contributions to the clerk of the
court in which the support order was awarded or last registered,
unless the entity has received a certified copy of an order or
administrative notice terminating the earnings assignment order for
support.
(c) Upon receipt of moneys pursuant to this section, the clerk of
the court, within 10 days, shall send written notice of the receipt
of the deposit to the parties and to the local child support agency
enforcing any order pursuant to Section 17400 of the Family Code.
(d) Moneys received pursuant to this section are subject to any
procedure available to enforce an order for support, but if no
enforcement procedure is commenced after 30 days have elapsed from
the date the notice of receipt is sent, the clerk shall, upon
request, return the moneys to the public entity that delivered the
moneys to the court unless the public entity has informed the court
in writing that the moneys shall be released to the employee.
(e) A court shall not directly or indirectly condition the
issuance, modification, or termination of, or condition the terms or
conditions of, any order for support upon the making of a request for
the return of employee contributions by an employee.
SEC. 14. Section 704.120 of the Code of Civil Procedure is amended
to read:
704.120. (a) Contributions by workers payable to the Unemployment
Compensation Disability Fund and by employers payable to the
Unemployment Fund are exempt without making a claim.
(b) Before payment, amounts held for payment of the following
benefits are exempt without making a claim:
(1) Benefits payable under Division 1 (commencing with Section
100) of the Unemployment Insurance Code.
(2) Incentives payable under Division 2 (commencing with Section
5000) of the Unemployment Insurance Code.
(3) Benefits payable under an employer's plan or system to
supplement unemployment compensation benefits of the employees
generally or for a class or group of employees.
(4) Unemployment benefits payable by a fraternal organization to
its bona fide members.
(5) Benefits payable by a union due to a labor dispute.
(c) After payment, the benefits described in subdivision (b) are
exempt.
(d) During the payment of benefits described in paragraph (1) of
subdivision (b) to a judgment debtor under a support judgment, the
judgment creditor may, through the appropriate local child support
agency, seek to apply the benefit payment to satisfy the judgment as
provided by Section 17518 of
the Family Code.
(e) During the payment of benefits described in paragraphs (2) to
(5), inclusive, of subdivision (b) to a judgment debtor under a
support judgment, the judgment creditor may, directly or through the
appropriate local child support agency, seek to apply the benefit
payments to satisfy the judgment by an earnings assignment order for
support as defined in Section 706.011 or any other applicable
enforcement procedure. If the benefit is payable periodically, the
amount to be withheld pursuant to the assignment order or other
procedure shall be 25 percent of the amount of each periodic payment
or any lower amount specified in writing by the judgment creditor or
court order, rounded down to the nearest whole dollar. Otherwise the
amount to be withheld shall be the amount the court determines under
subdivision (c) of Section 703.070. The paying entity may deduct
from each payment made pursuant to an assignment order under this
subdivision an amount reflecting the actual cost of administration
caused by the assignment order up to two dollars ($2) for each
payment.
SEC. 15. Section 704.130 of the Code of Civil Procedure is amended
to read:
704.130. (a) Before payment, benefits from a disability or health
insurance policy or program are exempt without making a claim.
After payment, the benefits are exempt.
(b) Subdivision (a) does not apply to benefits that are paid or
payable to cover the cost of health care if the judgment creditor is
a provider of health care whose claim is the basis on which the
benefits are paid or payable.
(c) During the payment of disability benefits described in
subdivision (a) to a judgment debtor under a support judgment, the
judgment creditor or local child support agency may seek to apply the
benefit payments to satisfy the judgment by an earnings assignment
order for support, as defined in Section 706.011, or any other
applicable enforcement procedure, but the amount to be withheld
pursuant to the earnings assignment order or other procedure shall
not exceed the amount permitted to be withheld on an earnings
assignment order for support under Section 706.052.
SEC. 16. Section 704.160 of the Code of Civil Procedure is amended
to read:
704.160. (a) Except as provided by Chapter 1 (commencing with
Section 4900) of Part 3 of Division 4 of the Labor Code, before
payment, a claim for workers' compensation or workers' compensation
awarded or adjudged is exempt without making a claim. Except as
specified in subdivision (b), after payment, the award is exempt.
(b) Notwithstanding any other provision of law, during the payment
of workers' compensation temporary disability benefits described in
subdivision (a) to a support judgment debtor, the support judgment
creditor may, through the appropriate local child support agency,
seek to apply the workers' compensation temporary disability benefit
payment to satisfy the support judgment as provided by Section 17404
of the Family Code.
(c) Notwithstanding any other provision of law, during the payment
of workers' compensation temporary disability benefits described in
subdivision (a) to a support judgment debtor under a support
judgment, including a judgment for reimbursement of public
assistance, the judgment creditor may, directly or through the
appropriate local child support agency, seek to apply the temporary
disability benefit payments to satisfy the support judgment by an
earnings assignment order for support, as defined in Section 5208 of
the Family Code, or any other applicable enforcement procedure. The
amount to be withheld pursuant to the earnings assignment order for
support or other enforcement procedure shall be 25 percent of the
amount of each periodic payment or any lower amount specified in
writing by the judgment creditor or court order, rounded down to the
nearest dollar. Otherwise, the amount to be withheld shall be the
amount the court determines under subdivision (c) of Section 703.070.
The paying entity may deduct from each payment made pursuant to an
order assigning earnings under this subdivision an amount reflecting
the actual cost of administration of this assignment, up to two
dollars ($2) for each payment.
(d) Unless the provision or context otherwise requires, the
following definitions govern the construction of this section.
(1) "Judgment debtor" or "support judgment debtor" means a person
who is owing a duty of support.
(2) "Judgment creditor" or "support judgment creditor" means the
person to whom support has been ordered to be paid.
(3) "Support" refers to an obligation owing on behalf of a child,
spouse, or family; or an amount owing pursuant to Section 17402 of
the Family Code. It also includes past due support or arrearage when
it exists.
SEC. 17. Section 706.030 of the Code of Civil Procedure is amended
to read:
706.030. (a) A "withholding order for support" is an earnings
withholding order issued on a writ of execution to collect delinquent
amounts payable under a judgment for the support of a child, or
spouse or former spouse, of the judgment debtor. A withholding order
for support shall be denoted as such on its face.
(b) The local child support agency may issue a withholding order
for support on a notice of levy pursuant to Section 17522 of the
Family Code to collect a support obligation.
(1) When the local child support agency issues a withholding order
for support, a reference in this chapter to a levying officer is
deemed to mean the local child support agency who issues the
withholding order for support.
(2) Service of a withholding order for support issued by the local
child support agency may be made by first-class mail or in any other
manner described in Section 706.101. Service of a withholding order
for support issued by the local child support agency is complete
when it is received by the employer or a person described in
paragraph (1) or (2) of subdivision (a) of Section 706.101, or if
service is by first-class mail, service is complete as specified in
Section 1013.
(3) The local child support agency shall serve upon the employer
the withholding order for support, a copy of the order, and a notice
informing the support obligor of the effect of the order and of his
or her right to hearings and remedies provided in this chapter and in
the Family Code. The notice shall be accompanied by the forms
necessary to obtain an administrative review and a judicial hearing
and instructions on how to file the forms. Within 10 days from the
date of service, the employer shall deliver to the support obligor a
copy of the withholding order for support, the forms to obtain an
administrative review and judicial hearing, and the notice. If the
support obligor is no longer employed by the employer and the
employer does not owe the support obligor any earnings, the employer
shall inform the local child support agency that the support obligor
is no longer employed by the employer.
(4) An employer who fails to comply with paragraph (3) shall be
subject to a civil penalty of five hundred dollars ($500) for each
occurrence.
(5) The local child support agency shall provide for an
administrative review to reconsider or modify the amount to be
withheld for arrearages pursuant to the withholding order for
support, if the support obligor requests a review at any time after
service of the withholding order. The review shall be completed
within 15 working days after the request is received by the local
child support agency. The local child support agency shall notify
the employer if the review results in any modifications to the
withholding order for support. If the local child support agency
cannot complete the administrative review within 15 working days, the
local child support agency shall notify the employer to suspend
withholding any disputed amount pending the completion of the review
and the determination by the local child support agency.
(6) Nothing in this section prohibits the support obligor from
seeking a judicial determination of arrearages pursuant to
subdivision (c) of Section 17256 of the Family Code or from filing a
motion for equitable division of earnings pursuant to Section 706.052
either prior to or after the administrative review provided by this
section. Within five business days after receiving notice of the
obligor having filed for judicial relief pursuant to this section,
the local child support agency shall notify the employer to suspend
withholding any disputed amount pending a determination by the court.
The employer shall then adjust the withholding within not more than
nine days of receiving the notice from the local child support
agency.
(c) Notwithstanding any other provision of this chapter:
(1) An employer shall continue to withhold pursuant to a
withholding order for support until the earliest of the dates
specified in paragraph (1), (2), or (3) of subdivision (a) of Section
706.022, except that a withholding order for support shall
automatically terminate one year after the employment of the employee
by the employer terminates.
(2) A withholding order for support has priority over any other
earnings withholding order. An employer upon whom a withholding
order for support is served shall withhold and pay over earnings of
the employee pursuant to that order notwithstanding the requirements
of another earnings withholding order.
(3) Subject to paragraph (2) and to Article 3 (commencing with
Section 706.050), an employer shall withhold earnings pursuant to
both a withholding order for support and another earnings withholding
order simultaneously.
(4) An employer who willfully fails to withhold and forward
support pursuant to a valid earnings withholding order for support
issued and served upon the employer pursuant to this chapter is
liable to the support obligee, as defined in Section 5214 of the
Family Code, for the amount of support not withheld, forwarded, or
otherwise paid to the support obligee.
(5) Notwithstanding any other provision of law, an employer shall
send all earnings withheld pursuant to a withholding order for
support to the levying officer or the Child Support Centralized
Collection and Distribution Unit as described in Section 17309 of the
Family Code within the time period specified by federal law.
(6) Once the Child Support Centralized Collection and Distribution
Unit as described in Section 17309 of the Family Code is
operational, all support payments made pursuant to an earnings
withholding order shall be made to that unit.
(7) Earnings withheld pursuant to an earnings withholding order
for support shall be credited toward satisfaction of a support
judgment as specified in Section 695.221.
SEC. 18. Section 708.730 of the Code of Civil Procedure is amended
to read:
708.730. (a) If money is owing and unpaid to the judgment debtor
by a public entity, the judgment creditor may file, in the manner
provided in this article, an abstract of the money judgment or a
certified copy of the money judgment, together with an affidavit that
states that the judgment creditor desires the relief provided by
this article and states the exact amount then required to satisfy the
judgment. The judgment creditor may state in the affidavit any fact
tending to establish the identity of the judgment debtor.
(b) Promptly after filing the abstract or certified copy of the
judgment and the affidavit with the public entity, the judgment
creditor shall serve notice of the filing on the judgment debtor.
Service shall be made personally or by mail.
(c) If the judgment is for support and related costs and money is
owing and unpaid to the judgment debtor by a state agency, including,
but not limited to, money owing and unpaid to the judgment debtor by
a state agency on a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code or as a result of the
judgment debtor's winnings in the California State Lottery, and the
local child support agency is enforcing the support obligation
pursuant to Section 17400 of the Family Code, the claim may be
submitted as follows: The local child support agency may file the
affidavit referred to in subdivision (a) without filing an abstract
or certified copy of the judgment. In lieu thereof, the affidavit
shall also state that an abstract of the judgment could be obtained.
Where there is more than one judgment debtor, the local child
support agency may include all the judgment debtors in a single
affidavit. Separate affidavits need not be submitted for each
judgment debtor. The affidavit need not on its face separately
identify each judgment debtor or the exact amount required to satisfy
the judgment, so long as it incorporates by reference forms or other
automated data transmittals, as required by the Department of Child
Support Services, which contain this information. Affidavits
submitted pursuant to this subdivision by the local child support
agency shall meet the standards and procedures prescribed by the
state agency to which the affidavit is submitted, except that those
affidavits submitted with respect to moneys owed and unpaid to the
judgment debtor as a result of a claim for refund from the Franchise
Tax Board under the Personal Income Tax Law, Part 10 (commencing with
Section 17001) of Division 2 of the Revenue and Taxation Code, or
the Bank and Corporation Tax Law, Part 11 (commencing with Section
23001) of Division 2 of the Revenue and Taxation Code, shall meet the
standards and procedures prescribed by the Franchise Tax Board.
In serving the notice required by subdivision (b), the Director of
the Department of Child Support Services or his or her designee may
act in lieu of the judgment creditor as to judgments enforced under
this division.
(d) If the judgment is for child, spousal, or family support and
related costs and money is owing and unpaid to the judgment debtor by
a state agency on a claim for refund from the Franchise Tax Board
under the Personal Income Tax Law, Part 10 (commencing with Section
17001) of Division 2 of the Revenue and Taxation Code, or the Bank
and Corporation Tax Law, Part 11 (commencing with Section 23001) of
Division 2 of the Revenue and Taxation Code, or as a result of the
judgment debtor's winnings in the California State Lottery, the
judgment creditor may file with the court an abstract or a certified
copy of the judgment ordering the payment of child, spousal, or
family support, together with a request that the court issue a Notice
of Support Arrearage, as provided in Section 708.780, to which any
personal income tax refunds and lottery winnings owed the judgment
debtor by the State of California will be subject. The request shall
be accompanied by an affidavit, signed under penalty of perjury,
which shall state that the judgment creditor desires the relief
provided by this subdivision and shall state the exact amount then
required to satisfy the judgment. In addition, the affidavit shall
specify the beginning and ending dates of all periods during which
the arrearage for support occurred, specify the arrearage for each
month, and state that the support is at least 90 days overdue or is
overdue in an amount equal to 90 days of support. It shall also
certify that the child or children are not recipients, and during the
period for which payment is requested, were not recipients, of Aid
to Families with Dependent Children and there was no assignment to a
state or county agency of support and shall certify on information
and belief that there is not current or past action by a district
attorney pending for support or support enforcement on the judgment
creditor's behalf.
The request shall have attached a proof of service showing that
copies of the request, the affidavit, and the abstract or certified
copy of the judgment ordering the payment of support have been served
on the judgment debtor and the district attorney of the county in
which the support judgment is entered. Service shall be by certified
mail, postage prepaid, return receipt requested, to the last known
address of the party to be served, or by personal service.
This subdivision does not apply in any instance in which a
district attorney initiated or participated as counsel in the action
for support or if support is required to be paid through a district
attorney's office.
The Department of Child Support Services shall, upon request,
inform the Legislature of the use and effect of this subdivision on
or before December 31, 2000.
This subdivision shall become operative on January 1, 1996, and
shall become inoperative on December 31, 2000.
(e) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.
SEC. 19. Section 708.740 of the Code of Civil Procedure is amended
to read:
708.740. (a) Except as provided in subdivision (e), if money is
owing and unpaid to the judgment debtor by a state agency, the
judgment creditor shall file the abstract or certified copy of the
judgment and the affidavit with the state agency owing the money to
the judgment debtor prior to the time the state agency presents the
claim of the judgment debtor to the Controller. Where the affidavit
is prepared under subdivision (c) of Section 708.730, the affidavit
shall be filed with the Department of Child Support Services, and no
abstract need be filed. Filing of the affidavit with the department
shall be sufficient to require the Controller to transfer the funds
claimed by the judgment debtor, notwithstanding that the claim of the
judgment debtor has been filed with another state agency.
(b) When presenting the claim of the judgment debtor to the
Controller, the state agency shall do all of the following:
(1) Note the fact of the filing of the abstract or certified copy
of the judgment and the affidavit.
(2) State the amount required to satisfy the judgment as shown by
the affidavit.
(3) State any amounts advanced to the judgment debtor by the
state, or owed by the judgment debtor to the state, for expenses or
for any other purpose.
(c) Except as provided in subdivisions (d) and (e), to discharge
the claim of the judgment debtor, the Controller shall (1) deposit
with the court, by a warrant or check payable to the court, the
amount due the judgment debtor (after deducting an amount sufficient
to reimburse the state for any amounts advanced to the judgment
debtor or owed by the judgment debtor to the state) required to
satisfy the money judgment as shown by the affidavit in full or to
the greatest extent and (2) pay the balance thereof, if any, to the
judgment debtor.
(d) Where an affidavit stating the existence of a judgment for
support has been submitted to the Department of Child Support
Services, pursuant to subdivision (c) of Section 708.730, to
discharge the claim of a judgment debtor, the Controller shall direct
payment to the county agency designated by the local child support
agency in his or her affidavit.
(e) Where the judgment is for support and the money owed is for
lottery winnings or a refund of overpayment of tax, penalty,
interest, or interest allowable with respect to an overpayment under
Part 10 (commencing with Section 17001) of Division 2 of the Revenue
and Taxation Code, and the support obligation is not being enforced
pursuant to Section 17400 of the Family Code, the judgment creditor
may file the abstract or certified copy of the judgment with the
local child support agency of the county in which the support
judgment is entered or registered. The local child support agency
shall then file the claim of the judgment creditor pursuant to
subdivision (c) of Section 708.730. When funds are received by the
local child support agency, it shall discharge any claim of the
judgment debtor by forwarding those sums to the clerk of the court
pursuant to subdivision (c) of this section. Any and all notices
otherwise required of a judgment creditor or the clerk of the court,
and any litigation to enforce rights under this subdivision shall be
the responsibility of the judgment creditor, the same as if service
had been directly on the Controller without the intervention of the
local child support agency.
(f) Where the claim of the judgment debtor is less than ten
dollars ($10) and the claim of the judgment creditor arises under an
affidavit filed pursuant to subdivision (c) of Section 708.730, the
Controller may disregard the claim of the judgment creditor and
forward any and all sums due to the judgment debtor. In the event
that there is more than one claimant for a refund, the Franchise Tax
Board shall have discretion in allocating the overpayment among
claimants.
(g) Should two or more local child support agencies submit claims
on behalf of a judgment creditor, the Controller in his or her
discretion may select which claim or claims he or she shall honor.
(h) Any claims which are honored in behalf of a judgment creditor
shall be considered as refunds of tax overpayments to the judgment
debtor.
(i) For purposes of this section, "support" means an obligation
owing on behalf of a child, spouse, or family, or combination
thereof.
SEC. 20. Section 1218 of the Code of Civil Procedure is amended to
read:
1218. (a) Upon the answer and evidence taken, the court or judge
shall determine whether the person proceeded against is guilty of the
contempt charged, and if it be adjudged that he or she is guilty of
the contempt, a fine may be imposed on him or her not exceeding one
thousand dollars ($1,000), or he or she may be imprisoned not
exceeding five days, or both. In addition, a person who is subject
to a court order as a party to the action, or any agent of this
person, who is adjudged guilty of contempt for violating that court
order may be ordered to pay to the party initiating the contempt
proceeding the reasonable attorney's fees and costs incurred by this
party in connection with the contempt proceeding.
(b) No party, who is in contempt of a court order or judgment in a
dissolution of marriage or legal separation action, shall be
permitted to enforce such an order or judgment, by way of execution
or otherwise, either in the same action or by way of a separate
action, against the other party. This restriction shall not affect
nor apply to the enforcement of child or spousal support orders.
(c) In any court action in which a party is found in contempt of
court for failure to comply with a court order pursuant to the Family
Code, the court shall order the following:
(1) Upon a first finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, or to be
imprisoned up to 120 hours, for each count of contempt.
(2) Upon the second finding of contempt, the court shall order the
contemner to perform community service of up to 120 hours, in
addition to ordering imprisonment of the contemner up to 120 hours,
for each count of contempt.
(3) Upon the third or any subsequent finding of contempt, the
court shall order both of the following:
(A) The court shall order the contemner to serve a term of
imprisonment of up to 240 hours, and to perform community service of
up to 240 hours, for each count of contempt.
(B) The court shall order the contemner to pay an administrative
fee, not to exceed the actual cost of the contemner's administration
and supervision, while assigned to a community service program
pursuant to this paragraph.
(4) The court shall take parties' employment schedules into
consideration when ordering either community service or imprisonment,
or both.
SEC. 21. Section 113 is added to the Family Code, to read:
113. "Property" includes real and personal property and any
interest therein.
SEC. 22. Section 150 of the Family Code is amended to read:
150. "Support" refers to a support obligation owing on behalf of
a child, spouse, or family, or an amount owing pursuant to Section
17402. It also includes past due support or arrearage when it
exists. "Support," when used with reference to a minor child or a
child described in Section 3901, includes maintenance and education.
SEC. 23. Section 290 of the Family Code is amended to read:
290. Subject to Section 291, a judgment or order made or entered
pursuant to this code may be enforced by the court by execution, the
appointment of a receiver, or contempt, or by any other order as the
court in its discretion determines from time to time to be necessary.
SEC. 24. Section 291 of the Family Code is repealed.
SEC. 25. Section 291 is added to the Family Code, to read:
291. A judgment or order for possession or sale of property made
or entered pursuant to this code is subject to the period of
enforceability and the procedure for renewal provided by Chapter 3
(commencing with Section 683.010) of Division 1 of Title 9 of Part 2
of the Code of Civil Procedure.
SEC. 26. Section 3030 of the Family Code is amended to read:
3030. (a) No person shall be granted physical or legal custody
of, or unsupervised visitation with, a child if the person is
required to be registered as a sex offender under Section 290 of the
Penal Code where the victim was a minor, or if the person has been
convicted under Section 273a, 273d, or 647.6 of the Penal Code,
unless the court finds that there is no significant risk to the child
and states its reasons in writing or on the record.
(b) No person shall be granted custody of, or visitation with, a
child if the person has been convicted under Section 261 of the Penal
Code and the child was conceived as a result of that violation.
(c) No person shall be granted custody of, or unsupervised
visitation with, a child if the person has been convicted of murder
in the first degree, as defined in Section 189 of the Penal Code, and
the victim of the murder was the other parent of the child who is
the subject of the order, unless the court finds that there is no
risk to the child's health, safety, and welfare, and states the
reasons for its finding in writing or on the record. In making its
finding, the court may consider, among other things, the following:
(1) The wishes of the child, if the child is of sufficient age and
capacity to reason so as to form an intelligent preference.
(2) Credible evidence that the convicted parent was a victim of
abuse, as defined in Section 6203, committed by the deceased parent.
That evidence may include, but is not limited to, written reports
by law enforcement agencies,
child protective services or other social welfare agencies, courts,
medical facilities, or other public agencies or private nonprofit
organizations providing services to victims of domestic abuse.
(3) Testimony of an expert witness, qualified under Section 1107
of the Evidence Code, that the convicted parent suffers from the
effects of battered women's syndrome.
Unless and until a custody or visitation order is issued pursuant
to this subdivision, no person shall permit or cause the child to
visit or remain in the custody of the convicted parent without the
consent of the child's custodian or legal guardian.
(d) The court may order child support that is to be paid by a
person subject to subdivision (a), (b), or (c) to be paid through the
local child support agency, as authorized by Section 4573 of the
Family Code and Division 17 (commencing with Section 17000) of this
code.
(e) The court shall not disclose, or cause to be disclosed, the
custodial parent's place of residence, place of employment, or the
child's school, unless the court finds that the disclosure would be
in the best interest of the child.
SEC. 27. Section 3555 of the Family Code is amended to read:
3555. Where support is ordered to be paid through the county
officer designated by the court on behalf of a child or other party
not receiving public assistance pursuant to the Family Economic
Security Act of 1982 (Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code), the
designated county officer shall forward the support received to the
designated payee within the time standards prescribed by federal law
and the Department of Child Support Services.
SEC. 28. Section 3751.5 of the Family Code is amended to read:
3751.5. (a) Notwithstanding any other provision of law, an
employer or insurer shall not deny enrollment of a child under the
health insurance coverage of a child's parent on any of the following
grounds:
(1) The child was born out of wedlock.
(2) The child is not claimed as a dependent on the parent's
federal income tax return.
(3) The child does not reside with the parent or in the insurer's
service area.
(b) Notwithstanding any other provision of law, in any case in
which a parent is required by a court or administrative order to
provide health insurance coverage for a child and the parent is
eligible for family health coverage through an employer or an
insurer, the employer or insurer shall do all of the following, as
applicable:
(1) Permit the parent to enroll under health insurance coverage
any child who is otherwise eligible to enroll for that coverage,
without regard to any enrollment period restrictions.
(2) If the parent is enrolled in health insurance coverage but
fails to apply to obtain coverage of the child, enroll that child
under the health coverage upon presentation of the court order or
request by the local child support agency, the other parent or person
having custody of the child, or the Medi-Cal program.
(3) The employer or insurer shall not disenroll or eliminate
coverage of a child unless either of the following applies:
(A) The employer has eliminated family health insurance coverage
for all of the employer's employees.
(B) The employer or insurer is provided with satisfactory written
evidence that either of the following apply:
(i) The court order or administrative order is no longer in effect
or is terminated pursuant to Section 3770.
(ii) The child is or will be enrolled in comparable health
insurance coverage through another insurer that will take effect not
later than the effective date of the child's disenrollment.
(c) In any case in which health insurance coverage is provided for
a child pursuant to a court or administrative order, the insurer
shall do all of the following:
(1) Provide any information that may be necessary for the child to
obtain benefits through the coverage to both parents or the person
having custody of the child and to the local child support agency
when requested by the local child support agency.
(2) Permit the noncovered parent or person having custody of the
child, or a provider with the approval of the noncovered parent or
person having custody, to submit claims for covered services without
the approval of the covered parent.
(3) Make payment on claims submitted in accordance with
subparagraph (2) directly to the noncovered parent or person having
custody, the provider, or to the Medi-Cal program. Payment on claims
for services to the child shall be made to the covered parent for
claims submitted or paid by the covered parent.
(d) For purposes of this section, "insurer" includes every health
care service plan, self-insured welfare benefit plan, including those
regulated pursuant to the Employee Retirement Income Security Act of
1974 (29 U.S.C. Sec. 1001, et seq.), self-funded employer plan,
disability insurer, nonprofit hospital service plan, labor union
trust fund, employer, and any other similar plan, insurer, or entity
offering a health coverage plan.
(e) For purposes of this section, "person having custody of the
child" is defined as a legal guardian, a caregiver who is authorized
to enroll the child in school or to authorize medical care for the
child pursuant to Section 6550, or a person with whom the child
resides.
(f) For purposes of this section, "employer" has the meaning
provided in Section 5210.
SEC. 29. Section 3751.5 of the Family Code is amended to read:
3751.5. (a) Notwithstanding any other provision of law, an
employer or insurer shall not deny enrollment of a child under the
health insurance coverage of a child's parent on any of the following
grounds:
(1) The child was born out of wedlock.
(2) The child is not claimed as a dependent on the parent's
federal income tax return.
(3) The child does not reside with the parent or within the
insurer's service area.
(b) Notwithstanding any other provision of law, in any case in
which a parent is required by a court or administrative order to
provide health insurance coverage for a child and the parent is
eligible for family health coverage through an employer or an
insurer, the employer or insurer shall do all of the following, as
applicable:
(1) Permit the parent to enroll under health insurance coverage
any child who is otherwise eligible to enroll for that coverage,
without regard to any enrollment period restrictions.
(2) If the parent is enrolled in health insurance coverage but
fails to apply to obtain coverage of the child, enroll that child
under the health coverage upon presentation of the court order or
request by the local child support agency, the other parent or person
having custody of the child, or the Medi-Cal program.
(3) The employer or insurer shall not disenroll or eliminate
coverage of a child unless either of the following applies:
(A) The employer has eliminated family health insurance coverage
for all of the employer's employees.
(B) The employer or insurer is provided with satisfactory written
evidence that either of the following apply:
(i) The court order or administrative order is no longer in effect
or is terminated pursuant to Section 3770.
(ii) The child is or will be enrolled in comparable health
insurance coverage through another insurer that will take effect not
later than the effective date of the child's disenrollment.
(c) In any case in which health insurance coverage is provided for
a child pursuant to a court or administrative order, the insurer
shall do all of the following:
(1) Provide any information, including, but not limited to, the
health insurance membership or identification card regarding the
child, the evidence of coverage and disclosure form, and any other
information provided to the covered parent about the child's health
care coverage to the noncovered parent having custody of the child or
any other person having custody of the child and to the local child
support agency when requested by the local child support agency.
(2) Permit the noncovered parent or person having custody of the
child, or a provider with the approval of the noncovered parent or
person having custody, to submit claims for covered services without
the approval of the covered parent.
(3) Make payment on claims submitted in accordance with
subparagraph (2) directly to the noncovered parent or person having
custody, the provider, or to the Medi-Cal program. Payment on claims
for services provided to the child shall be made to the covered
parent for claims submitted or paid by the covered parent.
(d) For purposes of this section, "insurer" includes every health
care service plan, self-insured welfare benefit plan, including those
regulated pursuant to the Employee Retirement Income Security Act of
1974 (29 U.S.C. Sec. 1001, et seq.), self-funded employer plan,
disability insurer, nonprofit hospital service plan, labor union
trust fund, employer, and any other similar plan, insurer, or entity
offering a health coverage plan.
(e) For purposes of this section, "person having custody of the
child" is defined as a legal guardian, a caregiver who is authorized
to enroll the child in school or to authorize medical care for the
child pursuant to Section 6550, or a person with whom the child
resides.
(f) For purposes of this section, "employer" has the meaning
provided in Section 5210.
(g) For purposes of this section, the insurer shall notify the
covered parent and noncovered parent having custody of the child or
any other person having custody of the child in writing at any time
that health insurance for the child is terminated.
(h) The requirements of subdivision (g) shall not apply unless the
court, employer, or person having custody of the child provides the
insurer with a qualified medical child support order that meets the
requirements of subdivision (a) of Section 1169 of Title 29 of the
United States Code, and that order includes an address for the
noncovered parent or other person having custody of the child.
(i) The noncovered parent or person having custody of the child
may contact the insurer, by telephone or in writing, and request
information about the health insurance coverage for the child. Upon
request of the noncovered parent or person having custody of the
child, the insurer shall provide the requested information that is
specific to the health insurance coverage for the child.
SEC. 30. Section 3752 of the Family Code is amended to read:
3752. (a) If the local child support agency has been designated
as the assigned payee for child support, the court shall order the
parent to notify the local child support agency upon applying for and
obtaining health insurance coverage for the child within a
reasonable period of time.
(b) The local child support agency shall obtain a completed
medical form from the parent in accordance with Section 17422 and
shall forward the completed form to the State Department of Health
Services.
(c) In those cases where the local child support agency is
providing medical support enforcement services, the local child
support agency shall provide the parent or person having custody of
the child with information pertaining to the health insurance policy
that has been secured for the child.
SEC. 31. Section 3761 of the Family Code is amended to read:
3761. (a) Upon application by a party or local child support
agency in any proceeding where the court has ordered either or both
parents to maintain health insurance coverage under Article 1
(commencing with Section 3750), the court shall order the employer of
the obligor parent or other person providing health insurance to the
obligor to enroll the supported child in the health insurance plan
available to the obligor through the employer or other person and to
deduct the appropriate premium or costs, if any, from the earnings of
the obligor unless the court makes a finding of good cause for not
making the order.
(b) (1) The application shall state that the party or local child
support agency seeking the assignment order has given the obligor a
written notice of the intent to seek a health insurance coverage
assignment order in the event of a default in instituting coverage
required by court order on behalf of the parties' child and that the
notice was transmitted by first-class mail, postage prepaid, or
personally served at least 15 days before the date of the filing of
the application for the order. The written notice of the intent to
seek an assignment order required by this subdivision may be given at
the time of filing a petition or complaint for support or at any
later time, but shall be given at least 15 days before the date of
filing the application under this section. The obligor may at any
time waive the written notice required by this subdivision.
(2) The party or local child support agency seeking the assignment
order shall file a certificate of service showing the method and
date of service of the order and the statements required under
Section 3772 upon the employer or provider of health insurance.
(c) The total amount that may be withheld from earnings for all
obligations, including health insurance assignments, is limited by
subdivision (a) of Section 706.052 of the Code of Civil Procedure or
Section 1673 of Title 15 of the United States Code, whichever is
less.
SEC. 32. Section 3771 of the Family Code is amended to read:
3771. Upon request of the local child support agency the employer
shall provide the following information to the local child support
agency within 30 days:
(a) The social security number of the absent parent.
(b) The home address of the absent parent.
(c) Whether the absent parent has a health insurance policy and,
if so, the policy names and numbers, and the names of the persons
covered.
(d) Whether the health insurance policy provides coverage for
dependent children of the absent parent who do not reside in the
absent parent's home.
(e) If there is a subsequent lapse in health insurance coverage,
the employer shall notify the local child support agency, giving the
date the coverage ended, the reason for the lapse in coverage and, if
the lapse is temporary, the date upon which coverage is expected to
resume.
SEC. 33. Section 4006 of the Family Code is amended to read:
4006. In a proceeding for child support under this code,
including, but not limited to, Division 17 (commencing with Section
17000), the court shall consider the health insurance coverage, if
any, of the parties to the proceeding.
SEC. 34. Section 4009 of the Family Code is amended to read:
4009. Except as provided in Section 17402, an original order for
child support may be made retroactive to the date of filing the
petition, complaint, or other initial pleading. If the parent
ordered to pay support was not served with the petition, complaint,
or other initial pleading within 90 days after filing and the court
finds that the parent was not intentionally evading service, the
child support order shall be effective no earlier than the date of
service.
SEC. 35. Section 4065 of the Family Code is amended to read:
4065. (a) Unless prohibited by applicable federal law, the
parties may stipulate to a child support amount subject to approval
of the court. However, the court shall not approve a stipulated
agreement for child support below the guideline formula amount unless
the parties declare all of the following:
(1) They are fully informed of their rights concerning child
support.
(2) The order is being agreed to without coercion or duress.
(3) The agreement is in the best interests of the children
involved.
(4) The needs of the children will be adequately met by the
stipulated amount.
(5) The right to support has not been assigned to the county
pursuant to Section 11477 of the Welfare and Institutions Code and no
public assistance application is pending.
(b) The parties may, by stipulation, require the child support
obligor to designate an account for the purpose of paying the child
support obligation by electronic funds transfer pursuant to Section
4508.
(c) A stipulated agreement of child support is not valid unless
the local child support agency has joined in the stipulation by
signing it in any case in which the local child support agency is
providing services pursuant to Section 17400. The local child
support agency shall not stipulate to a child support order below the
guideline amount if the children are receiving assistance under the
CalWORKs program, if an application for public assistance is pending,
or if the parent receiving support has not consented to the order.
(d) If the parties to a stipulated agreement stipulate to a child
support order below the amount established by the statewide uniform
guideline, no change of circumstances need be demonstrated to obtain
a modification of the child support order to the applicable guideline
level or above.
SEC. 36. Section 4200 of the Family Code is amended to read:
4200. In any proceeding where a court makes or has made an order
requiring the payment of child support to a parent receiving welfare
moneys for the maintenance of children for whom support may be
ordered, the court shall do both of the following:
(a) Direct that the payments of support shall be made to the
county officer designated by the court for that purpose. Once the
Child Support Centralized Collection and Distribution Unit is
implemented pursuant to Section 17309, all payments shall be directed
to the Child Support Centralized Collection and Distribution Unit
instead of the county officer designated by the court.
(b) Direct the local child support agency to appear on behalf of
the welfare recipient in any proceeding to enforce the order.
SEC. 37. Section 4201 of the Family Code is amended to read:
4201. In any proceeding where a court makes or has made an order
requiring the payment of child support to the person having custody
of a child for whom support may be ordered, the court may do either
or both of the following:
(a) Direct that the payments shall be made to the county officer
designated by the court for that purpose. Once the Child Support
Centralized Collection and Distribution Unit is implemented pursuant
to Section 17309, all payments shall be directed to the Child Support
Centralized Collection and Distribution Unit instead of the county
officer designated by the court.
(b) Direct the local child support agency to appear on behalf of
the minor children in any proceeding to enforce the order.
SEC. 38. Section 4202 of the Family Code is amended to read:
4202. (a) Notwithstanding any other provision of law, in a
proceeding where the custodial parent resides in one county and the
parent ordered to pay support resides in another county, the court
may direct payment to be made to the county officer designated by the
court for those purposes in the county of residence of the custodial
parent, and may direct the local child support agency of either
county to enforce the order.
(b) Civil enforcement by the local child support agency of the
county of residence of the custodial parent, where the order is in
the county of the noncustodial parent or any other county, may be
brought in accordance with Section 4848. If the court directs the
local child support agency of the county of residence of the
noncustodial parent to enforce the order, the expenses of the local
child support agency with respect to the enforcement is a charge upon
the county of residence of the noncustodial parent.
SEC. 39. Section 4203 of the Family Code is amended to read:
4203. (a) Except as provided in Section 4202, expenses of the
county officer designated by the court, and expenses of the local
child support agency incurred in the enforcement of an order of the
type described in Section 4200 or 4201, are a charge upon the county
where the proceedings are pending.
(b) Fees for service of process in the enforcement of an order of
the type described in Section 4200 or 4201 are a charge upon the
county where the process is served.
SEC. 40. Section 4204 of the Family Code is amended to read:
4204. Notwithstanding any other provision of law, in any
proceeding where the court has made an order requiring the payment of
child support to a person having custody of a child and the child
support is subsequently assigned to the county pursuant to Section
11477 of the Welfare and Institutions Code or the person having
custody has requested the local child support agency to provide child
support enforcement services pursuant to Section 17400, the local
child support agency may issue a notice directing that the payments
shall be made to the local child support agency, another county
office, or the Child Support Centralized Collection Distribution Unit
pursuant to Section 17309. The notice shall be served on both the
support obligor and obligee in compliance with Section 1013 of the
Code of Civil Procedure. The local child support agency shall file
the notice in the action in which the support order was issued.
SEC. 41. Section 4205 of the Family Code is amended to read:
4205. Any notice from the local child support agency requesting a
meeting with the support obligor for any purpose authorized under
this part shall contain a statement advising the support obligor of
his or her right to have an attorney present at the meeting.
SEC. 42. Section 4250 of the Family Code is amended to read:
4250. (a) The Legislature finds and declares the following:
(1) Child and spousal support are serious legal obligations.
(2) The current system for obtaining, modifying, and enforcing
child and spousal support orders is inadequate to meet the future
needs of California's children due to burgeoning caseloads within
local child support agencies and the growing number of parents who
are representing themselves in family law actions.
(3) The success of California's child support enforcement program
depends upon its ability to establish and enforce child support
orders quickly and efficiently.
(4) There is a compelling state interest in creating an expedited
process in the courts that is cost-effective and accessible to
families, for establishing and enforcing child support orders in
cases being enforced by the local child support agency.
(5) There is a compelling state interest in having a simple,
speedy, conflict-reducing system, that is both cost-effective and
accessible to families, for resolving all issues concerning children,
including support, health insurance, custody, and visitation in
family law cases that do not involve enforcement by the local child
support agency.
(b) Therefore, it is the intent of the Legislature to: (1)
provide for commissioners to hear child support cases being enforced
by the local child support agency; (2) adopt uniform and simplified
procedures for all child support cases; and (3) create an Office of
the Family Law Facilitator in the courts to provide education,
information, and assistance to parents with child support issues.
SEC. 43. Section 4251 of the Family Code is amended to read:
4251. (a) Commencing July 1, 1997, each superior court shall
provide sufficient commissioners to hear Title IV-D child support
cases filed by the local child support agency. The number of child
support commissioners required in each county shall be determined by
the Judicial Council as prescribed by paragraph (3) of subdivision
(b) of Section 4252. All actions or proceedings filed by the local
child support agency in a support action or proceeding in which
enforcement services are being provided pursuant to Section 17400,
for an order to establish, modify, or enforce child or spousal
support, including actions to establish paternity, shall be referred
for hearing to a child support commissioner unless a child support
commissioner is not available due to exceptional circumstances, as
prescribed by the Judicial Council pursuant to paragraph (7) of
subdivision (b) of Section 4252. All actions or proceedings filed by
a party other than the local child support agency to modify or
enforce a support order established by the local child support agency
or for which enforcement services are being provided pursuant to
Section 17400 shall be referred for hearing to a child support
commissioner unless a child support commissioner is not available due
to exceptional circumstances, as prescribed by the Judicial Council
pursuant to paragraph (7) of subdivision (b) of Section 4252.
(b) The commissioner shall act as a temporary judge unless an
objection is made by the local child support agency or any other
party. The Judicial Council shall develop a notice which shall be
included on all forms and pleadings used to initiate a child support
action or proceeding that advises the parties of their right to
review by a superior court judge and how to exercise that right. The
parties shall also be advised by the court prior to the commencement
of the hearing that the matter is being heard by a commissioner who
shall act as a temporary judge unless any party objects to the
commissioner acting as a temporary judge. While acting as a
temporary judge, the commissioner shall receive no compensation other
than compensation as a commissioner.
(c) If any party objects to the commissioner acting as a temporary
judge, the commissioner may hear the matter and make findings of
fact and a recommended order. Within 10 court days, a judge shall
ratify the recommended order unless either party objects to the
recommended order, or where a recommended order is in error. In both
cases, the judge shall issue a temporary order and schedule a
hearing de novo within 10 court days. Any party may waive his or her
right to the review hearing at any time.
(d) The commissioner shall, where appropriate, do any of the
following:
(1) Review and determine ex parte applications for orders and
writs.
(2) Take testimony.
(3) Establish a record, evaluate evidence, and make
recommendations or decisions.
(4) Enter judgments or orders based upon voluntary acknowledgments
of support liability and parentage and stipulated agreements
respecting the amount of child support to be paid.
(5) Enter default orders and judgments pursuant to Section 4253.
(6) In actions in which paternity is at issue, order the mother,
child, and alleged father to submit to genetic tests.
(e) The commissioner shall, upon application of any party, join
issues concerning custody, visitation, and protective orders in the
action filed by the local child support agency, subject to Section
17404. After joinder, the commissioner shall:
(1) Refer the parents for mediation of disputed custody or
visitation issues pursuant to Section 3170 of the Family Code.
(2) Accept stipulated agreements concerning custody, visitation,
and protective orders and enter orders pursuant to the agreements.
(3) Refer contested issues of custody, visitation, and protective
orders to a judge or to another commissioner for hearing. A child
support commissioner may hear contested custody, visitation, and
restraining order issues only if the court has adopted procedures to
segregate the costs of hearing Title IV-D child support issues from
the costs of hearing other issues pursuant to applicable federal
requirements.
(f) The local child support agency shall be served notice by the
moving party of any proceeding under this section in which support is
at issue. Any order for support that is entered without the local
child support agency having received proper notice shall be voidable
upon the motion of the local child support agency.
SEC. 44. Section 4351 of the Family Code is amended to read:
4351. (a) In any proceeding where the court has entered an order
pursuant to Section 4350, the court may also refer the matter of
enforcement of the spousal support order to the local child support
agency. The local child support agency may bring those enforcement
proceedings it determines to be appropriate.
(b) Notwithstanding subdivision (a), in any case in which the
local child support agency is required to appear on behalf of a
welfare recipient in a proceeding to enforce an order requiring
payment of child support, the local child support agency shall also
enforce any order requiring payment to the welfare recipient of
spousal support that is in arrears.
(c) Nothing in this section shall be construed to prohibit the
district attorney or the local child support agency from bringing an
action or initiating process to enforce or punish the failure to obey
an order for spousal support under any provision of law that
empowers the district attorney or the local child support agency to
bring an action or initiate a process, whether or not there has been
a referral by the court pursuant to this chapter.
(d) Any notice from the district attorney or the local child
support agency requesting a meeting with the support obligor for any
purpose authorized under this part shall contain a statement advising
the support obligor of his or her right to have an attorney present
at the meeting.
SEC. 45. Section 4352 of the Family Code is amended to read:
4352. (a) Insofar as expenses of the county officer designated by
the court and expenses of the local child support agency incurred in
the enforcement of an order referred by the court under this chapter
exceed any service charge imposed under Section 279 of the Welfare
and Institutions Code, the expenses are a charge upon the county
where the proceedings are pending.
(b) Fees for service of process in the enforcement of an order
referred by the court under this chapter are a charge upon the county
where the process is served.
SEC. 45.5. Section 4502 of the Family Code is amended to read:
4502. (a) Notwithstanding any other provision of law, a judgment
for child, family, or spousal support, including a judgment for
reimbursement that includes, but is not limited to, reimbursement
arising under Section 17402 or other arrearages, including all lawful
interest and penalties computed thereon, is enforceable until paid
in full and is exempt from any requirement that judgments be renewed.
(b) Although not required, a judgment described in subdivision (a)
may be renewed pursuant to the procedure applicable to money
judgments generally under Article 2 (commencing with Section 683.110)
of Chapter 3 of Division 1 of Title 9 of Part 2 of the Code of Civil
Procedure. As provided in subdivision (a), the option of renewing
the judgment has no effect on the enforceability of the amount due.
An application for renewal of a judgment described in subdivision
(a), whether or not payable in installments, may be filed:
(1) If the judgment has not previously been renewed as to past due
amounts, at any time.
(2) If the judgment has previously been renewed the amount of the
judgment as previously renewed and any past due amount that became
due and payable after the previous renewal may be renewed at any time
after a period of at least five years has elapsed from the time the
judgment was previously renewed.
SEC. 46. Section 4506.3 of the Family Code is amended to read:
4506.3. The Judicial Council, in consultation with the California
Family Support Council, the Department of Child Support Services,
and title insurance industry representatives, shall develop a single
form, which conforms with the requirements of Section 27361.6 of the
Government Code, for the substitution of payee, for notice directing
payment of support to the local child support agency pursuant to
Section 4204, and for notice that support has been assigned pursuant
to Section 11477 of the Welfare and Institutions Code. The form
shall be available no later than July 1, 1998.
SEC. 47. Section 4573 of the Family Code is amended to read:
4573. If support is ordered to be paid through the local child
support agency on behalf of a child not receiving public assistance
pursuant to the Family Economic Security Act of 1982 (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code), the local child support agency shall
forward the support received pursuant to this chapter to the
custodial parent or other person having care or control of the child
or children involved.
SEC. 48. Section 4701 of the Family Code is amended to read:
4701. (a) The Department of Child Support Services shall
administer a statewide automated system for the reporting of
court-ordered child support obligations to credit reporting agencies.
(b) The department shall design and develop standards for the
system in conjunction with representatives of the California Family
Support Council and the credit reporting industry.
(c) The standards for the system shall be consistent with credit
reporting industry standards and reporting format and with the
department's statewide central automated system for support
enforcement.
(d) The standards shall include, but not be limited to, all of the
following:
(1) Court-ordered child support obligations and delinquent
payments, including amounts owed and by whom. The California local
child support agencies, on a monthly basis, shall update this
information, and then submit it to the department which, in turn,
shall consolidate and transmit it to the credit reporting agencies.
(2) Before the initial reporting of a court-ordered child support
obligation or a delinquent payment, the local child support agency
shall attempt to notify the obligor parent of the proposed action and
give 30 days to contest in writing the accuracy of the information,
or to pay the arrearage, if any, in compliance with the due process
requirements of the laws of this state.
(e) The department and the local child support agencies are
responsible for the accuracy of information provided pursuant to this
section, and the information shall be based upon the data available
at the time the information is provided. Each of these organizations
and the credit reporting agencies shall follow reasonable procedures
to ensure maximum possible accuracy of the information provided.
Neither the department, nor the local child support agencies are
liable for any consequences of the failure of a parent to contest the
accuracy of the information within the time allowed under paragraph
(2) of subdivision (d).
SEC. 49. Section 4721 of the Family Code is amended to read:
4721. (a) This chapter applies only to installments of child
support that are due on or after January 1, 1992.
(b) It is the intent of the Legislature that the penalties
provided under this chapter shall be applied in egregious instances
of noncompliance with child support orders.
(c) It is the intent of the Legislature that for the purposes of
this chapter, payments made through wage assignments are considered
timely regardless of the date of receipt by the local child support
agency or obligee.
SEC. 50. Section 4729 of the Family Code is amended to read:
4729. The local child support agency or any other agency
providing support enforcement services pursuant to Title IV-D of the
federal Social Security Act may not enforce child support obligations
utilizing the penalties provided for by this chapter.
SEC. 51. Section 5000 of the Family Code is amended to read:
5000. (a) When a petition or comparable pleading pursuant to this
chapter is filed in a court of this state, the local child support
agency or petitioner may either (1) request the issuance of a summons
or (2) request the court to issue an order requiring the respondent
to appear personally at a specified time and place to show cause why
an order should not be issued as prayed in the petition or comparable
pleading on file.
(b) If a summons is issued for a petition or comparable pleading
pursuant to this chapter, the local child support agency or
petitioner shall cause a copy of the summons, petition, and other
documents to be served upon the respondent according to law.
(c) If an order to show cause is issued on a petition or
comparable pleading pursuant to this chapter requiring the respondent
to appear at a specified time and place to respond to the petition,
a copy of the order to show cause, the petition, and other documents
shall be served upon the respondent at least 15 days prior to the
hearing.
(d) A petition or comparable pleading pursuant to this chapter
served upon a respondent in accordance with this section shall be
accompanied by a blank responsive form that shall permit the
respondent to answer the petition and raise any defenses by checking
applicable boxes and by a blank income and expense declaration or
simplified financial statement together with instructions for
completion of the forms.
SEC. 52. Section 5001 of the Family Code is amended to read:
5001. (a) If, prior to filing, a petition or comparable pleading
pursuant to this chapter is received by the local child support
agency or the superior court and the county in which the pleadings
are received is not the appropriate jurisdiction for trial of the
action, the court or the local child support agency shall forward the
pleadings and any accompanying documents to the appropriate court of
this state or to the jurisdiction of another state without filing
the pleadings or order of the court, and shall notify the petitioner,
the California Central Registry, and the local child support agency
of the receiving county where and when the pleading was sent.
(b) If, after a petition or comparable pleading pursuant to this
chapter has been filed with the superior court of a county, it
appears that the respondent is not or is no longer a resident of the
county in which the action has been filed, upon ex parte application
by the local child support agency or petitioner, the court shall
transfer the action to the appropriate court of this state or to the
appropriate jurisdiction of another state and shall notify the
petitioner, the respondent, the California Central Registry, and the
local child support agency of the receiving county where and when the
pleading was sent.
(c) If, after entry of an order by a court of this state on an
action filed pursuant to this chapter or an order of another state
registered in a court of this state for enforcement or modification
pursuant to this chapter, it appears that the respondent is not or is
no longer a resident of the county in which the foreign order has
been registered, upon ex parte application by the local child support
agency of the transferring or receiving county or the petitioner,
the court shall transfer the registered order and all documents
subsequently filed in that action to the appropriate court of this
state and shall notify the petitioner, the respondent, the California
Central Registry, and the local child support agency of the
transferring and receiving county where and when the registered order
and all other appropriate documents were sent. Transfer of
certified copies of documents shall meet the requirements of this
section.
(d) If, in an action initiated in a court of this state pursuant
to this chapter or a predecessor law for interstate enforcement of
support, the petitioner is no longer a resident of the county in
which the action has been filed, upon ex parte application by the
petitioner or the local child support agency, the court shall
transfer the action to the appropriate court of this state and shall
notify the responding jurisdiction where and when the action was
transferred.
(e) Notwithstanding subdivisions (b) and (c), above, if the
respondent becomes a resident of another county or jurisdiction after
an action or registered order under this chapter has been filed, the
action may remain in the county where the action was filed until the
action is completed.
SEC. 53. Section 5002 of the Family Code is amended to read:
5002. (a) In an action pursuant to this chapter prosecuted by the
local child support agency or the Attorney General that is initiated
by service of summons and petition or other comparable pleading, the
respondent may also be served with a proposed judgment consistent
with the relief sought in the petition or other comparable pleading.
If the respondent's income or income history is unknown to the local
child support agency, the local child support agency may serve a
form of proposed judgment with the petition and other documents on
the respondent that shall inform the respondent that income shall be
presumed in an amount that results in a court order equal to the
minimum basic standard of adequate care for Region I provided in
Sections 11452 and 11452.018 of the Welfare and Institutions Code
unless information concerning the respondent's income is provided to
the court. The respondent shall also receive notice that the
proposed judgment will become effective if he or she fails to file a
response with the court within 30 days after service.
(b) In any action pursuant to this chapter in which the judgment
was obtained pursuant to presumed income, as set forth in this
section, the court may relieve the respondent from that part of the
judgment or order concerning the amount of child support to be paid
in the manner set forth in Section 17432.
SEC. 54. Section 5100 of the Family Code is amended to read:
5100. Notwithstanding Section 290, a child, family, or spousal
support order may be enforced by a writ of execution or a notice of
levy pursuant to Section 706.030 of the Code of Civil Procedure or
Section 17522 of this code without prior court approval.
SEC. 55. Section 5101 of the Family Code is repealed.
SEC. 56. Section 5102 of the Family Code is repealed.
SEC. 57. Section 5214 of the Family Code is amended to read:
5214. "Obligee" or "assigned obligee" means either the person to
whom support has been ordered to be paid, the local child support
agency, or other person designated by the court to receive the
payment. The local child support agency is the obligee for all IV-D
Cases as defined under Section 5212 or in which an application for
services has been filed under Part D (commencing with Section 651)
and Part E (commencing with Section 670) of Subchapter IV of Chapter
7 of Title 42 of the United States Code (Title IV-D or IV-E of the
Social Security Act).
SEC. 57.3. Section 5230 of the Family Code is amended to read:
5230. (a) When the court orders a party to pay an amount for
support or orders a modification of the amount of support to be paid,
the court shall include in its order an earnings assignment order
for support that orders the employer of the obligor to pay to the
obligee that portion of the obligor's earnings due or to become due
in the future as will be sufficient to pay an amount to cover both of
the following:
(1) The amount ordered by the court for support.
(2) An amount which shall be ordered by the court to be paid
toward the liquidation of any arrearage.
(b) An earnings assignment order for support shall be issued, and
shall be effective and enforceable pursuant to Section 5231,
notwithstanding the absence of the name, address, or other
identifying information regarding the obligor's employer.
SEC. 57.5. Section 5231 of the Family Code is amended to read:
5231. Unless stayed pursuant to Article 4 (commencing with
Section 5260), an assignment order is effective and binding upon any
existing or future employer of the obligor upon whom a copy of the
order is served in compliance with Sections 5232 and 5233,
notwithstanding the absence of the name, address, or other
identifying information regarding the obligor's employer, or the
inclusion of incorrect information regarding the support obligor's
employer.
SEC. 58. Section 5235 of the Family Code is amended to read:
5235. (a) The employer shall continue to withhold and forward
support as required by the assignment order until served with notice
terminating the assignment order. If an employer withholds support
as required by the assignment order, the obligor shall not be held in
contempt or subject to criminal prosecution for nonpayment of the
support that was withheld by the employer but not received by the
obligee. If the employer withheld the support but failed to forward
the payments to the obligee, the employer shall be liable for the
payments, including interest, as provided in Section 5241.
(b) Within 10 days of service of a substitution of payee on the
employer, the employer shall forward all subsequent support to the
governmental entity or other payee that sent the substitution.
(c) The employer shall send the amounts withheld to the obligee
within the timeframe specified in federal law and shall report to the
obligee the date on which the amount was withheld from the obligor's
wages.
(d) The employer may deduct from the earnings of the employee the
sum of one dollar ($1) for each payment made pursuant to the order.
(e) Once the Child Support Centralized Collection and Distribution
Unit as required by Section 17309 is operational, the employer shall
send all earnings withheld pursuant to this chapter to the Child
Support Centralized Collection and Distribution Unit instead of the
obligee.
SEC. 59. Section 5237 of the Family Code is amended to read:
5237. (a) Except as provided in subdivisions (b) and (c), the
obligee shall notify the employer of the obligor, by first-class
mail, postage prepaid, of any change of address within a reasonable
period of time after the change.
(b) Where payments have been ordered to be made to a county
officer designated by the court, the obligee who is the parent,
guardian, or other person entitled to receive payment through the
designated county officer shall notify the designated county officer
by first-class mail, postage prepaid, of any address change within a
reasonable period of time after the change.
(c) If the obligee is receiving support payments from the Child
Support Centralized Collection and Distribution Unit as required by
Section 17309, the obligee shall notify the Child Support Centralized
Collection and Distribution Unit instead of the employer of the
obligor as provided in subdivision (a).
(d) If the employer, designated county officer, or the Child
Support Centralized Collection and Distribution Unit is unable to
deliver payments under the assignment order for a period of six
months due to the failure of the obligee to notify the employer or
designated county officer of a change of address, the employer or
designated county officer shall not make any further payments under
the assignment order and shall return all undeliverable payments to
the obligor.
SEC. 60. Section 5241 of the Family Code is amended to read:
5241. (a) An employer who willfully fails to withhold and forward
support pursuant to a currently valid assignment order entered and
served upon the employer pursuant to this chapter is liable to the
obligee for the amount of support not withheld, forwarded, or
otherwise paid to the obligee, including any interest thereon.
(b) If an employer withholds support as required by the assignment
order, the obligor shall not be held in contempt or subject to
criminal prosecution for nonpayment of the support that was withheld
by the employer but not received by the obligee.
(c) In addition to any other penalty or liability provided by law,
willful failure by an employer to comply with an assignment order is
punishable as a contempt pursuant to Section 1218 of the Code of
Civil Procedure.
(d) If an employer withholds support, as required by the
assignment order, but fails to forward the support to the obligee,
the local child support agency shall take appropriate action to
collect the withheld sums from the employer. This provision shall
not be construed to expand or limit the duties and obligations of the
Labor Commissioner, as set forth in Section 200 and following of the
Labor Code.
SEC. 61. Section 5244 of the Family Code is amended to read:
5244. A reference to the local child support agency in this
chapter applies only when the local child support agency is otherwise
ordered or required to act pursuant to law. Nothing in this chapter
shall be deemed to mandate additional enforcement or collection
duties upon the local child support agency beyond those otherwise
imposed by law.
SEC. 62. Section 5245 of the Family Code is amended to read:
5245. Nothing in this chapter limits the authority of the local
child support agency to use any other civil and criminal remedies to
enforce support obligations, regardless of whether or not the child
or the obligee who is the parent, guardian, or other person entitled
to receive payment is the recipient of welfare moneys.
SEC. 62.3. Section 5246 of the Family Code is amended to read:
5246. (a) This section applies only to Title IV-D cases where
support enforcement services are being provided by the local child
support agency pursuant to Section 17400.
(b) In lieu of an earnings assignment order signed by a judicial
officer, the local child support agency may serve on the employer a
notice of assignment in the manner specified in Section 5232. An
order/notice to withhold income for child support shall have the same
force and effect as an earnings assignment order signed by a
judicial officer. An order/notice to withhold income for child
support, when used under this section, shall be considered a notice
and shall not require the signature of a judicial officer.
(c) Pursuant to Section 666 of Title 42 of the United States Code,
the federally mandated order/notice to withhold income for child
support shall be used for the purposes described in this section.
(d) If the underlying court order for support does not provide for
an arrearage payment, or if an additional arrearage accrues after
the date of the court order for support, the local child support
agency may send an order/notice to withhold income for child support
that shall be used for the purposes described in this section
directly to the employer which specifies the updated arrearage amount
and directs the employer to withhold an additional amount to be
applied towards liquidation of the arrearages not to exceed the
maximum amount permitted by Section 1673(b) of Title 15 of the United
States Code. The Franchise Tax Board, in support of its
responsibility for accounts receivable management of delinquent child
support obligations pursuant to Section 17501, may send an
order/notice to withhold income for child support directly to the
employer that specifies the updated arrearage amount and directs the
employer to withhold an additional amount to be applied to the
liquidation of the arrearages. Any order/notice to withhold income
for child support issued by the Franchise Tax Board shall be issued
in the name of the local child support agency.
(e) If the obligor requests a hearing, a hearing date shall be
scheduled within 20 days of the filing of the request with the court.
The clerk of the court shall provide notice of the hearing to the
local child support agency and the obligor no later than 10 days
prior to the hearing.
(1) If at the hearing the obligor establishes that he or she is
not the obligor or good cause or an alternative arrangement as
provided in Section 5260, the court may order that service of the
order/notice to withhold income for child support be quashed. If the
court quashes service of the order/notice to withhold income for
child support, the local child support agency shall notify the
employer within 10 days.
(2) If the obligor contends at the hearing that the payment of
arrearages at the rate specified in the order/notice to withhold
income for child support is excessive or that the total arrearages
owing is incorrect, and if it is determined that payment of the
arrearages at the rate specified in this section creates an undue
hardship upon the obligor or that the withholding would exceed the
maximum amount permitted by Section 1673(b) of Title 15 of the United
States Code Annotated, the rate at which the arrearages must be paid
shall be reduced to a rate that is fair and reasonable considering
the circumstances of the parties and the best interest of the child.
If it is determined at a hearing that the total amount of arrearages
calculated is erroneous, the court shall modify the amount
calculated to the correct amount. If the court modifies the total
amount of arrearages owed or reduces the monthly payment due on the
arrearages, the local child support agency shall serve the employer
with an amended order/notice to withhold income for child support
within 10 days.
(f) If an obligor's current support obligation has terminated by
operation of law, the local child support agency may serve an
order/notice to withhold income for child support on the employer
which directs the employer to continue withholding from the obligor's
earnings an amount to be applied towards liquidation of the
arrearages, not to exceed the maximum amount permitted by Section
1673(b) of Title 15 of the United States
Code, until such time that the employer is notified by
the local child support agency that the arrearages have been paid in
full. The employer shall provide the obligor with a copy of the
order/notice to withhold income for child support and a blank form
that the obligor may file with the court to request a hearing to
modify or quash the assignment with instructions on how to file the
form and obtain a hearing date. The obligor shall be entitled to the
same rights to a hearing as specified in subdivision (e).
(g) The local child support agency shall retain a copy of the
order/notice to withhold income for child support and shall file a
copy with the court whenever a hearing concerning the order/notice to
withhold income for child support is requested.
(h) The local child support agency may transmit an order/notice to
withhold income for child support and other forms required by this
section to the employer through electronic means.
SEC. 63. Section 5247 of the Family Code is amended to read:
5247. Neither the local child support agency nor an employer
shall be subject to any civil liability for any amount withheld and
paid to the obligee, the local child support agency, or the Child
Support Centralized Collection and Distribution Unit pursuant to an
earnings assignment order or notice of assignment.
SEC. 64. Section 5252 of the Family Code is amended to read:
5252. (a) An assignment order under this article may be issued
only upon an application signed under penalty of perjury by the
obligee that the obligor is in default in support payments in a sum
equal to the amount of support payable for one month, for any other
occurrence specified by the court in the support order, or earlier by
court order if requested by the local child support agency or the
obligor.
(b) If the order for support does not contain a provision for an
earnings assignment order for support, the application shall state
that the obligee has given the obligor a written notice of the
obligee's intent to seek an assignment order if there is a default in
support payments and that the notice was transmitted by first-class
mail, postage prepaid, or personally served at least 15 days before
the date of the filing of the application. The written notice of the
intent to seek an assignment order may be given at any time,
including at the time of filing a petition or complaint in which
support is requested or at any time subsequent thereto. The obligor
may at any time waive the written notice required by this
subdivision.
(c) In addition to any other penalty provided by law, the filing
of the application with knowledge of the falsity of the declaration
or notice is punishable as a contempt pursuant to Section 1209 of the
Code of Civil Procedure.
SEC. 65. Section 5260 of the Family Code is amended to read:
5260. (a) The court may order that service of the assignment
order be stayed only if the court makes a finding of good cause or if
an alternative arrangement exists for payment in accordance with
paragraph (2) of subdivision (b). Notwithstanding any other
provision of law, service of wage assignments issued for foreign
orders for support, and service of foreign orders for the assignment
of wages registered pursuant to Article 3 (commencing with Section
4820) of Chapter 6 shall not be stayed pursuant to this subdivision.
(b) For purposes of this section, good cause or an alternative
arrangement for staying an assignment order is as follows:
(1) Good cause for staying a wage assignment exists only when all
of the following conditions exist:
(A) The court provides a written explanation of why the stay of
the wage assignment would be in the best interests of the child.
(B) The obligor has a history of uninterrupted, full, and timely
payment, other than through a wage assignment or other mandatory
process of previously ordered support, during the previous 12 months.
(C) The obligor does not owe an arrearage for prior support.
(D) The obligor proves, and the court finds, by clear and
convincing evidence that service of the wage assignment would cause
extraordinary hardship upon the obligor. Whenever possible, the
court shall specify a date that any stay ordered under this section
will automatically terminate.
(2) An alternative arrangement for staying a wage assignment order
shall require a written agreement between the parties that provides
for payment of the support obligation as ordered other than through
the immediate service of a wage assignment. Any agreement between
the parties which includes the staying of a service of a wage
assignment shall include the concurrence of the local child support
agency in any case in which support is ordered to be paid through a
county officer designated for that purpose. The execution of an
agreement pursuant to this paragraph shall not preclude a party from
thereafter seeking a wage assignment in accordance with the
procedures specified in Section 5261 upon violation of the agreement.
SEC. 66. Section 5261 of the Family Code is amended to read:
5261. (a) If service of the assignment order has been ordered
stayed, the stay shall terminate pursuant to subdivision (b) upon the
obligor's failure to make timely support payments or earlier by
court order if requested by the local child support agency or by the
obligor. The stay shall terminate earlier by court order if
requested by any other obligee who can establish that good cause, as
defined in Section 5260, no longer exists.
(b) To terminate a stay of the service of the assignment order,
the obligee shall file a declaration signed under penalty of perjury
by the obligee that the obligor is in arrears in payment of any
portion of the support. At the time of filing the declaration, the
stay shall terminate by operation of law without notice to the
obligor.
(c) In addition to any other penalty provided by law, the filing
of a declaration under subdivision (b) with knowledge of the falsity
of its contents is punishable as a contempt pursuant to Section 1209
of the Code of Civil Procedure.
SEC. 67. Section 5280 of the Family Code is amended to read:
5280. If the obligee making the application under this chapter
also states that the whereabouts of the obligor or the identity of
the obligor's employer is unknown to the party to whom support has
been ordered to be paid, the local child support agency shall do both
of the following:
(a) Contact the California parent locator service maintained by
the Department of Justice in the manner prescribed in Section 17506.
(b) Upon receiving the requested information, notify the court of
the last known address of the obligor and the name and address of the
obligor's last known employer.
SEC. 68. Section 5600 of the Family Code is amended to read:
5600. (a) A local child support agency or obligee may register an
order for support or earnings withholding, or both, obtained in
another county of the state.
(b) An obligee may register a support order in the court of
another county of this state in the manner, with the effect, and for
the purposes provided in this part. The orders may be registered in
any county in which the obligor, the obligee, or the child who is the
subject of the order resides, or in any county in which the obligor
has income, assets, or any other property.
SEC. 69. Section 5601 of the Family Code is amended to read:
5601. (a) When the local child support agency is responsible for
the enforcement of a support order pursuant to Section 17400, the
local child support agency may register a support order made in
another county by utilizing the procedures set forth in Section 5602
or by filing all of the following in the superior court of his or her
county:
(1) An endorsed file copy of the most recent support order or a
copy thereof.
(2) A statement of arrearages, including an accounting of amounts
ordered and paid each month, together with any added costs, fees, and
interest.
(3) A statement prepared by the local child support agency showing
the post office address of the local child support agency, the last
known place of residence or post office address of the obligor; the
most recent address of the obligor set forth in the licensing records
of the Department of Motor Vehicles, if known; and a list of other
states and counties in California that are known to the local child
support agency in which the original order of support and any
modifications are registered.
(b) The filing of the documents described in subdivision (a)
constitutes registration under this chapter.
(c) Promptly upon registration, the local child support agency
shall, in compliance with the requirements of Section 1013 of the
Code of Civil Procedure, or in any other manner as provided by law,
serve the obligor with copies of the documents described in
subdivision (a).
(d) If a motion to vacate registration is filed under Section
5603, any party may introduce into evidence copies of any pleadings,
documents, or orders that have been filed in the original court or
other courts where the support order has been registered or modified.
Certified copies of the documents shall not be required unless a
party objects to the authenticity or accuracy of the document in
which case it shall be the responsibility of the party who is
asserting the authenticity of the document to obtain a certified copy
of the questioned document.
(e) Upon registration, the clerk of the court shall forward a
notice of registration to the courts in other counties and states in
which the original order for support and any modifications were
issued or registered. No further proceedings regarding the obligor's
support obligations shall be filed in other counties.
(f) The procedure prescribed by this section may also be used to
register support or wage and earnings assignment orders of other
California jurisdictions that previously have been registered for
purposes of enforcement only pursuant to the Uniform Interstate
Family Support Act (Chapter 6 (commencing with Section 4900)) in
another California county. The local child support agency may
register such an order by filing an endorsed file copy of the
registered California order plus any subsequent orders, including
procedural amendments.
(g) The Judicial Council shall develop the forms necessary to
effectuate this section. These forms shall be available no later
than July 1, 1998.
SEC. 70. Section 5602 of the Family Code is amended to read:
5602. (a) An obligee other than the local child support agency
may register an order issued in this state using the same procedures
specified in subdivision (a) of Section 5601, except that the obligee
shall prepare and file the statement of registration. The statement
shall be verified and signed by the obligee showing the mailing
address of the obligee, the last known place of residence or mailing
address of the obligor, and a list of other states and counties in
California in which, to the obligee's knowledge, the original order
of support and any modifications are registered.
(b) Upon receipt of the documents described in subdivision (a) of
Section 5601, the clerk of the court shall file them without payment
of a filing fee or other cost to the obligee. The filing constitutes
registration under this chapter.
(c) Promptly upon registration, the clerk of the court shall send,
by any form of mail requiring a return receipt from the addressee
only, to the obligor at the address given a notice of the
registration with a copy of the registered support order and the post
office address of the obligee. Proof shall be made to the
satisfaction of the court that the obligor personally received the
notice of registration by mail or other method of service. A return
receipt signed by the obligor shall be satisfactory evidence of
personal receipt.
SEC. 71. Section 5603 of the Family Code is amended to read:
5603. (a) An obligor shall have 20 days after the service of
notice of the registration of a California order of support in which
to file a noticed motion requesting the court to vacate the
registration or for other relief. In an action under this section,
there shall be no joinder of actions, coordination of actions, or
cross-complaints, and the claims or defenses shall be limited
strictly to the identity of the obligor, the validity of the
underlying California support order, or the accuracy of the obligee's
statement of the amount of support remaining unpaid unless the
amount has been previously established by a judgment or order. The
obligor shall serve a copy of the motion, personally or by
first-class mail, on the local child support agency, private attorney
representing the obligee, or obligee representing himself or herself
who filed the request for registration of the order, not less than
15 days prior to the date on which the motion is to be heard. If
service is by mail, Section 1013 of the Code of Civil Procedure
applies. If the obligor does not file the motion within 20 days, the
registered California support order and all other documents filed
pursuant to subdivision (a) of Section 5601 or Section 5602 are
confirmed.
(b) At the hearing on the motion to vacate the registration of the
order, the obligor may present only matters that would be available
to the obligor as defenses in an action to enforce a support
judgment. If the obligor shows, and the court finds, that an appeal
from the order is pending or that a stay of execution has been
granted, the court shall stay enforcement of the order until the
appeal is concluded, the time for appeal has expired, or the order is
vacated, upon satisfactory proof that the obligor has furnished
security for payment of the support ordered. If the obligor shows,
and the court finds, any ground upon which enforcement of a
California support order may be stayed, the court shall stay
enforcement of the order for an appropriate period if the obligor
furnishes security for payment of support.
SEC. 72. Section 7558 of the Family Code is amended to read:
7558. (a) This section applies only to cases where support
enforcement services are being provided by the local child support
agency pursuant to Section 17400.
(b) In any civil action or proceeding in which paternity is a
relevant fact, and in which the issue of paternity is contested, the
local child support agency may issue an administrative order
requiring the mother, child, and the alleged father to submit to
genetic testing if any of the following conditions exist:
(1) The person alleging paternity has signed a statement under
penalty of perjury that sets forth facts that establish a reasonable
possibility of the requisite sexual conduct between the mother and
the alleged father.
(2) The person denying paternity has signed a statement under
penalty of perjury that sets forth facts that establish a reasonable
possibility of the nonexistence of the requisite sexual contact
between the parties.
(3) The alleged father has filed an answer in the action or
proceeding in which paternity is a relevant fact and has requested
that genetic tests be performed.
(4) The mother and the alleged father agree in writing to submit
to genetic tests.
(c) Notwithstanding subdivision (b), the local child support
agency may not order an individual to submit to genetic tests if the
individual has been found to have good cause for failure to cooperate
in the determination of paternity pursuant to Section 11477 of the
Welfare and Institutions Code.
(d) The local child support agency shall pay the costs of any
genetic tests that are ordered under subdivision (b), subject to the
county obtaining a court order for reimbursement from the alleged
father if paternity is established under Section 7553.
(e) Nothing in this section prohibits any person who has been
ordered by the local child support agency to submit to genetic tests
pursuant to this section from filing a notice of motion with the
court in the action or proceeding in which paternity is a relevant
fact seeking relief from the local child support agency's order to
submit to genetic tests. In that event, the court shall resolve the
issue of whether genetic tests should be ordered as provided in
Section 7551. If any person refuses to submit to the tests after
receipt of the administrative order pursuant to this section and
fails to seek relief from the court from the administrative order
either prior to the scheduled tests or within 10 days after the tests
are scheduled, the court may resolve the question of paternity
against that person or enforce the administrative order if the rights
of others or the interest of justice so require. Except as provided
in subdivision (c), a person's refusal to submit to tests ordered by
the local child support agency is admissible in evidence in any
proceeding to determine paternity if a notice of motion is not filed
within the timeframes specified in this subdivision.
(f) If the original test result creates a rebuttable presumption
of paternity under Section 7555 and the result is contested, the
local child support agency shall order an additional test only upon
request and advance payment of the contestant.
SEC. 73. Section 7573 of the Family Code is amended to read:
7573. Except as provided in Sections 7575, 7576, and 7577, a
completed voluntary declaration of paternity, as described in Section
7574, that has been filed with the Department of Child Support
Services shall establish the paternity of a child and shall have the
same force and effect as a judgment for paternity issued by a court
of competent jurisdiction. The voluntary declaration of paternity
shall be recognized as a basis for the establishment of an order for
child custody, visitation, or child support.
SEC. 74. Section 7574 of the Family Code is amended to read:
7574. (a) The voluntary declaration of paternity shall be
executed on a form developed by the Department of Child Support
Services in consultation with the State Department of Health
Services, the California Family Support Council, and child support
advocacy groups.
(b) The form described in subdivision (a) shall contain, at a
minimum, the following:
(1) The name and the signature of the mother.
(2) The name and the signature of the father.
(3) The name of the child.
(4) The date of birth of the child.
(5) A statement by the mother that she has read and understands
the written materials described in Section 7572, that the man who has
signed the voluntary declaration of paternity is the only possible
father, and that she consents to the establishment of paternity by
signing the voluntary declaration of paternity.
(6) A statement by the father that he has read and understands the
written materials described in Section 7572, that he understands
that by signing the voluntary declaration of paternity he is waiving
his rights as described in the written materials, that he is the
biological father of the child, and that he consents to the
establishment of paternity by signing the voluntary declaration of
paternity.
(7) The name and the signature of the person who witnesses the
signing of the declaration by the mother and the father.
SEC. 75. Section 7575 of the Family Code is amended to read:
7575. (a) Either parent may rescind the voluntary declaration of
paternity by filing a rescission form with the Department of Child
Support Services within 60 days of the date of execution of the
declaration by the attesting father or attesting mother, whichever
signature is later, unless a court order for custody, visitation, or
child support has been entered in an action in which the signatory
seeking to rescind was a party. The Department of Child Support
Services shall develop a form to be used by parents to rescind the
declaration of paternity and instruction on how to complete and file
the rescission with the Department of Child Support Services. The
form shall include a declaration under penalty of perjury completed
by the person filing the rescission form that certifies that a copy
of the rescission form was sent by any form of mail requiring a
return receipt to the other person who signed the voluntary
declaration of paternity. A copy of the return receipt shall be
attached to the rescission form when filed with the Department of
Child Support Services. The form and instructions shall be written
in simple, easy to understand language and shall be made available at
the local family support office and the office of local registrar of
births and deaths. The department shall, upon written request,
provide to a court or commissioner a copy of any rescission form
filed with the department that is relevant to proceedings before the
court or commissioner.
(b) (1) Notwithstanding Section 7573, if the court finds that the
conclusions of all of the experts based upon the results of the
genetic tests performed pursuant to Chapter 2 (commencing with
Section 7550) are that the man who signed the voluntary declaration
is not the father of the child, the court may set aside the voluntary
declaration of paternity.
(2) (A) The notice of motion for genetic tests under this section
may be filed not later than two years from the date of the child's
birth by a local child support agency, the mother, the man who signed
the voluntary declaration as the child's father, or in an action to
determine the existence or nonexistence of the father and child
relationship pursuant to Section 7630 or in any action to establish
an order for child custody, visitation, or child support based upon
the voluntary declaration of paternity.
(B) The local child support agency's authority under this
subdivision is limited to those circumstances where there is a
conflict between a voluntary acknowledgement of paternity and a
judgment of paternity or a conflict between two or more voluntary
acknowledgments of paternity.
(3) The notice of motion for genetic tests pursuant to this
section shall be supported by a declaration under oath submitted by
the moving party stating the factual basis for putting the issue of
paternity before the court.
(c) (1) Nothing in this chapter shall be construed to prejudice or
bar the rights of either parent to file an action or motion to set
aside the voluntary declaration of paternity on any of the grounds
described in, and within the time limits specified in, Section 473 of
the Code of Civil Procedure. If the action or motion to set aside a
judgment is required to be filed within a specified time period
under Section 473 of the Code of Civil Procedure, the period within
which the action or motion to set aside the voluntary declaration of
paternity must be filed shall commence on the date that the court
makes a finding of paternity based upon the voluntary declaration of
paternity in an action for custody, visitation, or child support.
(2) The parent or local child support agency seeking to set aside
the voluntary declaration of paternity shall have the burden of
proof.
(3) Any order for custody, visitation, or child support shall
remain in effect until the court determines that the voluntary
declaration of paternity should be set aside, subject to the court's
power to modify the orders as otherwise provided by law.
(4) Nothing in this section is intended to restrict a court from
acting as a court of equity.
(5) If the voluntary declaration of paternity is set aside
pursuant to paragraph (1), the court shall order that the mother,
child, and alleged father submit to genetic tests pursuant to Chapter
2 (commencing with Section 7550). If the court finds that the
conclusions of all the experts, as disclosed by the evidence based
upon the genetic tests, are that the person who executed the
voluntary declaration of paternity is not the father of the child,
the question of paternity shall be resolved accordingly. If the
person who executed the declaration as the father of the child is not
excluded as a possible father, the question of paternity shall be
resolved as otherwise provided by law. If the person who executed
the declaration of paternity is ultimately determined to be the
father of the child, any child support that accrued under an order
based upon the voluntary declaration of paternity shall remain due
and owing.
(6) The Judicial Council shall develop the forms and procedures
necessary to effectuate this subdivision.
SEC. 76. Section 7630 of the Family Code is amended to read:
7630. (a) A child, the child's natural mother, or a man presumed
to be the child's father under subdivision (a), (b), or (c) of
Section 7611, may bring an action as follows:
(1) At any time for the purpose of declaring the existence of the
father and child relationship presumed under subdivision (a), (b), or
(c) of Section 7611.
(2) For the purpose of declaring the nonexistence of the father
and child relationship presumed under subdivision (a), (b), or (c) of
Section 7611 only if the action is brought within a reasonable time
after obtaining knowledge of relevant facts. After the presumption
has been rebutted, paternity of the child by another man may be
determined in the same action, if he has been made a party.
(b) Any interested party may bring an action at any time for the
purpose of determining the existence or nonexistence of the father
and child relationship presumed under subdivision (d) of Section
7611.
(c) An action to determine the existence of the father and child
relationship with respect to a child who has no presumed father under
Section 7611 or whose presumed father is deceased may be brought by
the child or personal representative of the child, the Department of
Child Support Services, the mother or the personal representative or
a parent of the mother if the mother has died or is a minor, a man
alleged or alleging himself to be the father, or the personal
representative or a parent of the alleged father if the alleged
father has died or is a minor. An action under this subdivision
shall be consolidated with a proceeding pursuant to Section 7662 if a
proceeding has been filed under Chapter 5 (commencing with Section
7660). The parental rights of the alleged natural father shall be
determined as set forth in Section 7664.
SEC. 77. Section 7634 of the Family Code is amended to read:
7634. The local child support agency may, in the local child
support agency's discretion, bring an action under this chapter in
any case in which the local child support agency believes it to be
appropriate.
SEC. 78. Section 10008 of the Family Code is amended to
read:
10008. (a) Except as provided in subdivision (b), nothing in this
chapter shall be construed to apply to a child for whom services are
provided or required to be provided by a local child support agency
pursuant to Section 17400.
(b) In cases in which the services of the local child support
agency are provided pursuant to Section 17400, either parent may
utilize the services of the family law facilitator that are specified
in Section 10004. In order for a custodial parent who is receiving
the services of the local child support agency pursuant to Section
17400 to utilize the services specified in Section 10005 relating to
support, the custodial parent must obtain written authorization from
the local child support agency. It is not the intent of the
Legislature in enacting this section to limit the duties of local
child support agencies with respect to seeking child support payments
or to in any way limit or supersede other provisions of this code
respecting temporary child support.
SEC. 78.3. Section 17000 of the Family Code is amended to read:
17000. The definitions contained in this section, and definitions
applicable to Division 9 (commencing with Section 3500), shall
govern the construction of this division, unless the context requires
otherwise.
(a) "Child support debt" means the amount of money owed as child
support pursuant to a court order.
(b) "Child support order" means any court order for the payment of
a set or determinable amount of support by a parent or a court order
requiring a parent to provide for health insurance coverage. "Child
support order" includes any court order for spousal support or for
medical support to the extent these obligations are to be enforced by
a single state agency for child support under Title IV-D.
(c) "Court" means any superior court of this state and any court
or tribunal of another state that has jurisdiction to determine the
liability of persons for the support of another person.
(d) "Court order" means any judgment, decree, or order of any
court of this state that orders the payment of a set or determinable
amount of support by a parent. It does not include any order or
decree of any proceeding in which a court did not order support.
(e) "Department" means the Department of Child Support Services.
(f) "Dependent child" means any of the following:
(1) Any person under 18 years of age who is not emancipated,
self-supporting, married, or a member of the armed forces of the
United States.
(2) Any unmarried person who is at least 18 years of age but who
has not reached his or her 19th birthday, is not emancipated, and is
a student regularly attending high school or a program of vocational
or technical training designed to train that person for gainful
employment.
(g) "Director" means the Director of Child Support Services or his
or her authorized representative.
(h) "Local child support agency" means the family support or child
support division, unit, or bureau of the district attorney's office
and, after transition pursuant to Section 17305, means the new county
department of child support services created pursuant to this
chapter and with which the department has entered into a cooperative
agreement, to secure child and spousal support, medical support, and
determine paternity.
(i) "Parent" means the natural or adoptive father or mother of a
dependent child, and includes any person who has an enforceable
obligation to support a dependent child.
(j) "Public assistance" means any amount paid under the California
Work Opportunity and Responsibility to Kids Act (Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code), or any Medi-Cal benefit, for the
benefit of any dependent child or the caretaker of a child.
(k) "Public assistance debt" means any amount paid under the
California Work Opportunity and Responsibility to Kids Act, contained
in Chapter 2 (commencing with Section 11200) of Part 3 of Division 9
of the Welfare and Institutions Code, for the benefit of any
dependent child or the caretaker of a child for whom the department
is authorized to seek recoupment under this division, subject to
applicable federal law.
(l) "Title IV-D" or "IV-D" means Part D of Title IV of the federal
Social Security Act (42 U.S.C. Sec. 651 et seq.).
SEC. 79. Section 17212 of the Family Code is amended to read:
17212. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and child
abduction records, and to thereby encourage the full and frank
disclosure of information relevant to all of the following:
(1) The establishment or maintenance of parent and child
relationships and support obligations.
(2) The enforcement of the child support liability of absent
parents.
(3) The enforcement of spousal support liability of the spouse or
former spouse to the extent required by the state plan under Section
17604 and Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9.
(4) The location of absent parents.
(5) The location of parents and children abducted, concealed, or
detained by them.
(b) (1) Except as provided in subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part D (commencing with Section 651) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this division, shall be confidential, and shall not be open to
examination or released for disclosure for any purpose not directly
connected with the administration of the child and spousal support
enforcement program. No public entity shall disclose any file,
application, paper, document, or record, or the information contained
therein, except as expressly authorized by this section.
(2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the party, a good
cause claim under Section 11477.04 of the Welfare and Institutions
Code has been approved or is pending, or the public agency
responsible for establishing paternity or enforcing support has
reason to believe that the release of the information may result in
physical or emotional harm to the party or the child. When a local
child support agency is prohibited from releasing information
pursuant to this subdivision, the information shall be omitted from
any pleading or document to be submitted to the court and this
subdivision shall be cited in the pleading or other document as the
authority for the omission. The information shall be released only
upon an order of the court pursuant to paragraph (6) of subdivision
(c).
(3) Notwithstanding any other provision of law, a proof of service
filed by the local child support agency shall not disclose the
address where service of process was accomplished. Instead, the
local child support agency shall keep the address in its own records.
The proof of service shall specify that the address is on record at
the local child support agency and that the address may be released
only upon an order from the court pursuant to paragraph (6) of
subdivision (c). The local child support agency shall, upon request
by a party served, release to that person the address where service
was effected.
(c) Disclosure of the information described in subdivision (b) is
authorized as follows:
(1) All files, applications, papers, documents, and records as
described in subdivision (b) shall be available and may be used by a
public entity for all administrative, civil, or criminal
investigations, actions, proceedings, or prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code and to the county welfare department responsible for
administering a program operated under a state plan pursuant to
Subpart 1 or 2 of Part B or Part E of Subchapter IV of Chapter 7 of
Title 42 of the United States Code.
(2) A document requested by a person who wrote, prepared, or
furnished the document may be examined by or disclosed to that person
or his or her designee.
(3) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
(4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
(5) Public records subject to disclosure under the Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of the
Government Code) may be released.
(6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 3 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the local child
support agency and the parties appearing at the hearing if there is
reason to believe that release of the requested information may
result in physical or emotional harm to a party. If the court
determines that harm may occur, the court shall issue any protective
orders or injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
(7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, any appropriate
law enforcement agency, or to any state or county child protective
agency, or may be used in any judicial proceedings to prosecute that
crime or to protect the child.
(8) The social security number, most recent address, and the place
of employment of the absent parent may be released to an authorized
person as defined in Section 653(c) of Title 42 of the United States
Code, only if the authorized person has filed a request for the
information, and only if the information has been provided to the
California Parent Locator Service by the federal Parent Locator
Service pursuant to Section 653 of Title 42 of the United States
Code.
(d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this division, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
(2) For purposes of this division, "obligor" means any person
owing a duty of support.
(3) As used in this division, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
local child support agency is attempting to establish paternity or
establish, modify, or enforce support pursuant to Section 17400.
(e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
(f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
SEC. 80. Section 17304 of the Family Code is amended to read:
17304. To address the concerns stated by the Legislature in
Section 17303, each county shall establish a new county department of
child support services. Each department is also referred to in this
division as the local child support agency. The local child support
agency shall be separate and independent from any other county
department and shall be responsible for promptly and effectively
establishing, modifying, and enforcing child support obligations,
including medical support, enforcing spousal support orders
established by a court of competent jurisdiction, and determining
paternity in the case of a child born out of wedlock. The local
child support agency shall refer all cases requiring criminal
enforcement services to the district attorney and the district
attorney shall prosecute those cases, as appropriate. If a district
attorney fails to comply with this section, the director shall notify
the Attorney General and the Attorney General shall take appropriate
action to secure compliance. The director shall be responsible for
implementing and administering all aspects of the state plan that
direct the functions to be performed by the local child support
agencies relating to their Title IV-D operations. In developing the
new system, all of the following shall apply:
(a) The director shall negotiate and enter into cooperative
agreements with county and state agencies to carry out the
requirements of the state plan and provide services relating to the
establishment of paternity or the establishment, modification, or
enforcement of child support obligations as required pursuant to
Section 654 of Title 42 of the United States Code. The cooperative
agreements shall require that the local child support agencies are
reasonably accessible to the citizens of each county and are visible
and accountable to the public for their activities. The director, in
consultation with the impacted counties, may consolidate the local
child support agencies, or any function of the agencies, in more than
one county into a single local child support agency, if the director
determines that the consolidation will increase the efficiency of
the state Title IV-D program and each county has at least one local
child support office accessible to the public.
(b) The director shall have direct oversight and supervision of
the Title IV-D operations of the local child support agency, and no
other local or state agency shall have any authority over the local
child support agency as to any function relating to its Title IV-D
operations. The local child support agency shall be responsible for
the performance of child support enforcement activities required by
law and regulation in a manner prescribed by the department. The
administrator of the local child support agency shall be responsible
for reporting to and responding to the director on all aspects of the
child support program.
(c) Nothing in this section prohibits the local child support
agency, with the prior approval of the director, from entering into
cooperative arrangements with other county departments, as necessary
to carry out the responsibilities imposed by this section pursuant to
plans of cooperation submitted to the department and approved by the
director. The local child support agency may not enter into a
cooperative agreement or contract with any county department or
independently elected official, including the office of the district
attorney, to run, supervise, manage, or oversee the Title IV-D
functions of the local child support agency. Until September 1,
2004, the local child support agency may enter into a cooperative
agreement or contract of restricted scope and duration with a
district attorney to utilize individual attorneys as necessary to
carry out limited attorney services. Any cooperative agreement or
contract for the attorney services shall be subject to approval by
the department and contingent upon a written finding by the
department that either the relatively small size of the local child
support agency program, or other serious programmatic needs, arising
as a result of the transition make it most efficient and
cost-effective to contract for limited attorney services. The
department shall ensure that any cooperative agreement or contract
for attorney services provides that all attorneys be supervised by,
and report directly to, the local child support agency, and comply
with all state and federal child support laws and regulations. The
office of the Legislative Analyst shall review and assess the
efficiency and effectiveness of any such cooperative agreement or
contract, and shall report its findings to the Legislature by January
1, 2004. Within 60 days of receipt of a plan of cooperation or
contract from the local child support agency, the department shall
either approve the plan of cooperation or contract or notify the
agency that the plan is denied. If an agency is notified that the
plan is denied, the agency shall have the opportunity to resubmit a
revised plan of cooperation or contract. If the director fails to
respond in writing within 60 days of receipt, the plan shall
otherwise be deemed approved. Nothing in this section shall be
deemed an approval of program costs relative to the cooperative
arrangements entered into by the counties with other county
departments.
(d) In order to minimize the disruption of services provided and
to capitalize on the expertise of employees, the director shall
create a program that builds on existing staff and facilities to the
fullest extent possible. All assets of the family support division
in the district attorney's office shall become assets of the local
child support agency.
(e) (1) (A) Except as provided in subparagraph (B), all employees
and other personnel who serve the office of the district attorney and
perform child support collection and enforcement activities shall
become the employees and other personnel of the county child support
agency at their existing or equivalent classifications, and at their
existing salaries and benefits that include, but are not limited to,
accrued and unused vacation, sick leave, personal leave, and health
and pension plans.
(B) The IV-D director is entitled to become an employee of the
local child support agency or may be selected as the administrator
pursuant to the provisions of subdivision (f).
(2) Permanent employees of the office of the district attorney on
the effective date of this chapter shall be deemed qualified, and no
other qualifications shall be required for employment or retention in
the county child support agency. Probationary employees on the
effective date of this chapter shall retain their probationary status
and rights, and shall not be deemed to have transferred, so as to
require serving a new probationary period.
(3) Employment seniority of an employee of the office of the
district attorney on the effective date of this chapter shall be
counted toward seniority in the county child support agency and all
time spent in the same, equivalent, or higher classification shall be
counted toward classification seniority.
(4) An employee organization that has been recognized as the
representative or exclusive representative of an established
appropriate bargaining unit of employees who perform child support
collection and enforcement activities shall continue to be recognized
as the representative or exclusive representative of the same
employees of the county.
(5) An existing memorandum of understanding or agreement between
the county or the office of the district attorney and the employee
organization shall remain in effect and be fully binding on the
parties involved for the term of the agreement.
(6) Nothing in this section shall be construed to limit the rights
of employees or employee organizations to bargain in good faith on
matters of wages, hours, or other terms and conditions of employment,
including the negotiation of workplace standards within the scope of
bargaining as authorized by state and federal law.
(7) (A) Except as provided in subparagraph (B), a public agency
shall, in implementing programs affected by the act of addition or
amendment of this chapter to this code, perform program functions
exclusively through the use of civil service employees of the public
agency.
(B) Prior to transition from the district attorney to the local
child support agency under Section 17305, the district attorney may
continue existing contracts and their renewals, as appropriate.
After the transition under Section 17305, any contracting out of
program functions shall be approved by the director consistent with
Section 31000 and following of the Government Code, except as
otherwise provided in subdivision (c) with regard to attorney
services. The director shall approve or disapprove a proposal to
contract out within 60 days. Failure of the director to respond to a
request to contract out within 60 days after receipt of the request
shall be deemed approval, unless the director submits an extension to
respond, which in no event shall be longer than 30 days.
(f) The administrator of the local child support agency shall be
an employee of the county selected by the board of supervisors, or in
the case of a city and county, selected by the mayor, pursuant to
the qualifications established by the department. The administrator
may hire staff, including attorneys, to fulfill the functions
required by the agency and in conformity with any staffing
requirements adopted by the department, including all those set forth
in Section 17306. All staff shall be employees of the county and
shall comply with all local, state, and federal child support laws,
regulations, and directives.
SEC. 81. Section 17400 of the Family Code is amended to read:
17400. (a) Each county shall maintain a local child support
agency, as specified in Section 17304, that shall have the
responsibility for promptly and effectively establishing, modifying,
and enforcing child support obligations, including medical support,
enforcing spousal support orders established by a court of competent
jurisdiction, and determining paternity in the case of a child born
out of wedlock. The local child support agency shall take
appropriate action, including criminal action in cooperation with the
district attorneys, to establish, modify, and enforce child support
and, when appropriate, enforce spousal support orders when the child
is receiving public assistance, including Medi-Cal, and, when
requested, shall take the same actions on behalf of a child who is
not receiving public assistance, including Medi-Cal.
(b) Notwithstanding Sections 25203 and 26529 of the Government
Code, attorneys employed within the local child support agency may
direct, control, and prosecute civil actions and proceedings in the
name of the county in support of child support activities of the
Department of Child Support Services and the local child support
agency.
(c) Actions brought by the local child support agency to establish
paternity or child support or to enforce child support obligations
shall be completed within the time limits set forth by federal law.
The local child support agency's responsibility applies to spousal
support only where the spousal support obligation has been reduced to
an order of a court of competent jurisdiction. In any action
brought for modification or revocation of an order that is being
enforced under Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.), the effective date of the modification or revocation
shall be as prescribed by federal law (42 U.S.C. Sec. 666(a)(9)), or
any subsequent date.
(d) (1) The Judicial Council, in consultation with the department
and representatives of the California Family Support Council, the
Senate Committee on Judiciary, the Assembly Committee on Judiciary,
and a legal services organization providing representation on child
support matters, shall develop simplified summons, complaint, and
answer forms for any action for support brought pursuant to this
section or Section 17404. The Judicial Council may combine the
summons and complaint in a single form.
(2) The simplified complaint form shall provide the defendant with
notice of the amount of child support that is sought pursuant to the
guidelines set forth in Article 2 (commencing with Section 4050) of
Chapter 2 of Part 2 of Division 9 based upon the income or income
history of the defendant as known to the local child support agency.
If the defendant's income or income history is unknown to the local
child support agency, the complaint shall inform the defendant that
income shall be presumed in an amount that results in a court order
equal to the minimum basic standard of adequate care for Region I
provided in Sections 11452 and 11452.018 of the Welfare and
Institutions Code unless information concerning the defendant's
income is provided to the court. The complaint form shall be
accompanied by a proposed judgment. The complaint form shall include
a notice to the defendant that the proposed judgment will become
effective if he or she fails to file an answer with the court within
30 days of service. Except as provided in paragraph (2) of
subdivision (a) of Section 17402, if the proposed judgment is entered
by the court, the support order in the proposed judgment shall be
effective as of the first day of the month following the filing of
the complaint.
(3) (A) The simplified answer form shall be written in simple
English and shall permit a defendant to answer and raise defenses by
checking applicable boxes. The answer form shall include
instructions for completion of the form and instructions for proper
filing of the answer.
(B) The answer form shall be accompanied by a blank income and
expense declaration or simplified financial statement and
instructions on how to complete the financial forms. The answer form
shall direct the defendant to file the completed income and expense
declaration or simplified financial statement with the answer, but
shall state that the answer will be accepted by a court
without the income and expense
declaration or simplified financial statement.
(C) The clerk of the court shall accept and file answers, income
and expense declarations, and simplified financial statements that
are completed by hand provided they are legible.
(4) (A) The simplified complaint form prepared pursuant to this
subdivision shall be used by the local child support agency or the
Attorney General in all cases brought under this section or Section
17404.
(B) The simplified answer form prepared pursuant to this
subdivision shall be served on all defendants with the simplified
complaint. Failure to serve the simplified answer form on all
defendants shall not invalidate any judgment obtained. However,
failure to serve the answer form may be used as evidence in any
proceeding under Section 17432 of this code or Section 473 of the
Code of Civil Procedure.
(C) The Judicial Council shall add language to the governmental
summons, for use by the local child support agency with the
governmental complaint to establish parental relationship and child
support, informing defendants that a blank answer form should have
been received with the summons and additional copies may be obtained
from either the local child support agency or the superior court
clerk.
(e) In any action brought or enforcement proceedings instituted by
the local child support agency pursuant to this section for payment
of child or spousal support, an action to recover an arrearage in
support payments may be maintained by the local child support agency
at any time within the period otherwise specified for the enforcement
of a support judgment, notwithstanding the fact that the child has
attained the age of majority.
(f) The county shall undertake an outreach program to inform the
public that the services described in subdivisions (a) to (c),
inclusive, are available to persons not receiving public assistance.
There shall be prominently displayed in every public area of every
office of the agencies established by this section a notice, in clear
and simple language prescribed by the Director of Child Support
Services, that the services provided in subdivisions (a) to (c),
inclusive, are provided to all individuals, whether or not they are
recipients of public assistance.
(g) (1) In any action to establish a child support order brought
by the local child support agency in the performance of duties under
this section, the local child support agency may make a motion for an
order effective during the pendency of that action, for the support,
maintenance, and education of the child or children that are the
subject of the action. This order shall be referred to as an order
for temporary support. This order shall have the same force and
effect as a like or similar order under this code.
(2) The local child support agency shall file a motion for an
order for temporary support within the following time limits:
(A) If the defendant is the mother, a presumed father under
Section 7611, or any father where the child is at least six months
old when the defendant files his or her answer, the time limit is 90
days after the defendant files an answer.
(B) In any other case where the defendant has filed an answer
prior to the birth of the child or not more than six months after the
birth of the child, then the time limit is nine months after the
birth of the child.
(3) If more than one child is the subject of the action, the
limitation on reimbursement shall apply only as to those children
whose parental relationship and age would bar recovery were a
separate action brought for support of that child or those children.
(4) If the local child support agency fails to file a motion for
an order for temporary support within time limits specified in this
section, the local child support agency shall be barred from
obtaining a judgment of reimbursement for any support provided for
that child during the period between the date the time limit expired
and the motion was filed, or, if no motion is filed, when a final
judgment is entered.
(5) Except as provided in Section 17304, nothing in this section
prohibits the local child support agency from entering into
cooperative arrangements with other county departments as necessary
to carry out the responsibilities imposed by this section pursuant to
plans of cooperation with the departments approved by the Department
of Child Support Services.
(6) Nothing in this section shall otherwise limit the ability of
the local child support agency from securing and enforcing orders for
support of a spouse or former spouse as authorized under any other
provision of law.
(h) As used in this article, "enforcing obligations" includes, but
is not limited to, (1) the use of all interception and notification
systems operated by the department for the purposes of aiding in the
enforcement of support obligations, (2) the obtaining by the local
child support agency of an initial order for child support that may
include medical support or that is for medical support only, by civil
or criminal process, (3) the initiation of a motion or order to show
cause to increase an existing child support order, and the response
to a motion or order to show cause brought by an obligor parent to
decrease an existing child support order, or the initiation of a
motion or order to show cause to obtain an order for medical support,
and the response to a motion or order to show cause brought by an
obligor parent to decrease or terminate an existing medical support
order, without regard to whether the child is receiving public
assistance, (4) the response to a notice of motion or order to show
cause brought by an obligor parent to decrease an existing spousal
support order when the child or children are residing with the
obligee parent and the local child support agency is also enforcing a
related child support obligation owed to the obligee parent by the
same obligor, and (5) the transfer of the accounts receivable
management of child support delinquencies to the Franchise Tax Board
under Section 17501 in support of the local child support agency.
(i) As used in this section, "out of wedlock" means that the
biological parents of the child were not married to each other at the
time of the child's conception.
(j) (1) The local child support agency is the public agency
responsible for administering wage withholding for current support
the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.).
(2) Nothing in this section shall limit the authority of the local
child support agency granted by other sections of this code or
otherwise granted by law, except to the extent that the law is
inconsistent with the transfer of the responsibility for accounts
receivable management of delinquent child support to the Franchise
Tax Board.
(k) In the exercise of the authority granted under this article,
the local child support agency may intervene, pursuant to subdivision
(b) of Section 387 of the Code of Civil Procedure, by ex parte
application, in any action under this code, or other proceeding in
which child support is an issue or a reduction in spousal support is
sought. By notice of motion, order to show cause, or responsive
pleading served upon all parties to the action, the local child
support agency may request any relief that is appropriate that the
local child support agency is authorized to seek.
(l) The local child support agency shall comply with all
regulations and directives established by the department that set
time standards for responding to requests for assistance in locating
noncustodial parents, establishing paternity, establishing child
support awards, and collecting child support payments.
(m) As used in this article, medical support activities that the
local child support agency is authorized to perform are limited to
the following:
(1) The obtaining and enforcing of court orders for health
insurance coverage.
(2) Any other medical support activity mandated by federal law or
regulation.
(n) (1) Notwithstanding any other law, venue for an action or
proceeding under this division shall be determined as follows:
(A) Venue shall be in the superior court in the county that is
currently expending public assistance.
(B) If public assistance is not currently being expended, venue
shall be in the superior court in the county where the child who is
entitled to current support resides or is domiciled.
(C) If current support is no longer payable through, or
enforceable by, the local child support agency, venue shall be in the
superior court in the county that last provided public assistance
for actions to enforce arrearages assigned pursuant to Section 11477
of the Welfare and Institutions Code.
(D) If subparagraphs (A), (B), and (C) do not apply, venue shall
be in the superior court in the county of residence of the support
obligee.
(E) If the support obligee does not reside in California, and
subparagraphs (A), (B), (C), and (D) do not apply, venue shall be in
the superior court of the county of residence of the obligor.
(2) Notwithstanding paragraph (1), if the child becomes a resident
of another county after an action under this part has been filed,
venue may remain in the county where the action was filed until the
action is completed.
(o) The local child support agency of one county may appear on
behalf of the local child support agency of any other county in an
action or proceeding under this part.
SEC. 82. Section 17400.5 of the Family Code is repealed.
SEC. 83. Section 17401 of the Family Code, as added by Chapter 653
of the Statutes of 1999, is amended to read:
17401. If the parent who is receiving support enforcement
services provides to the local child support agency substantial,
credible, information regarding the residence or work address of the
support obligor, the agency shall initiate an establishment or
enforcement action and serve the defendant, if service is required,
within 60 days and inform the parent in writing when those actions
have been taken. If the address or any other information provided by
the support obligee is determined by the local child support agency
to be inaccurate and if, after reasonable diligence, the agency is
unable to locate and serve the support obligor within that 60-day
period, the local child support agency shall inform the support
obligee in writing of those facts. The requirements of this section
shall be in addition to the time standards established by the
Department of Child Support Services pursuant to subdivision (k) of
Section 17400.
SEC. 84. Section 17401 of the Family Code, as added by Chapter 803
of the Statutes of 1999, is amended and renumbered to read:
17401.5. (a) All of the following shall include notice of, and
information about, the child support service hearings available
pursuant to Section 17801, provided that there is federal financial
participation available as set forth in subdivision (j) of Section
17801:
(1) The booklet required by subdivision (a) of Section 17434.
(2) Any notice required by subdivision (c) or (h) of Section
17406.
(b) To the extent not otherwise required by law, the local child
support agency shall provide notice of, and information about, the
child support services hearings available pursuant to Section 17801
in any regularly issued notices to custodial and noncustodial parents
subject to Section 17400, provided that there is federal financial
participation available as set forth in subdivision (e) of Section
17801.
Notice of and information about the child support service hearings
and the child support complaint resolution process required under
Section 17800 shall be easily accessible and shall be provided in a
single section of the booklet.
SEC. 84.3. Section 17402 of the Family Code is amended to read:
17402. (a) In any case of separation or desertion of a parent or
parents from a child or children that results in aid under Chapter 2
(commencing with Section 11200) of Part 3 of Division 9 of the
Welfare and Institutions Code being granted to that family, the
noncustodial parent or parents shall be obligated to the county for
an amount equal to the following:
(1) The amount specified in an order for the support and
maintenance of the family issued by a court of competent
jurisdiction; or in the absence of a court order, the amount
specified in paragraph (2).
(2) For all cases filed on or after January 1, 2000, the amount of
support that would have been specified in an order for the support
and maintenance of the family during the period of separation or
desertion, but not to exceed one year prior to the date of the filing
of the petition or complaint. However, the amount in excess of the
aid paid to the family shall not be retained by the county, but
disbursed to the family.
(3) The obligation shall be reduced by any amount actually paid by
the parent directly to the custodian of the child or to the local
child support agency of the county in which the child is receiving
aid during the period of separation or desertion for the support and
maintenance of the family.
(b) The local child support agency shall take appropriate action
pursuant to this section as provided in subdivision (l) of Section
17400. The local child support agency may establish liability for
child support as provided in subdivision (a) when public assistance
was provided by another county or by other counties.
(c) The amount of the obligation established under paragraph (2)
of subdivision (a) shall be determined by using the appropriate child
support guidelines currently in effect. If one parent remains as a
custodial parent, the guideline support shall be computed in the
normal manner. If neither parent remains as a custodial parent, the
support shall be computed by combining the noncustodial parents'
incomes and placing the figure obtained in the column for
noncustodial parent. A zero shall be placed in the column for the
custodial parent and the amount of guideline support resulting shall
be proportionately shared between the parents as directed by the
court. The parents shall pay the amount of support specified in the
support order to the local child support agency.
SEC. 84.5. Section 17404 of the Family Code is amended to read:
17404. (a) Notwithstanding any other statute, in any action
brought by the local child support agency for the support of a minor
child or children, the action may be prosecuted in the name of the
county on behalf of the child, children, or a parent of the child or
children. The parent who has requested or is receiving support
enforcement services of the local child support agency shall not be a
necessary party to the action but may be subpoenaed as a witness.
Except as provided in subdivision (e), in an action under this
section there shall be no joinder of actions, or coordination of
actions, or cross-complaints, and the issues shall be limited
strictly to the question of parentage, if applicable, and child
support, including an order for medical support. A final
determination of parentage may be made in any action under this
section as an incident to obtaining an order for support. An action
for support or parentage pursuant to this section shall not be
delayed or stayed because of the pendency of any other action between
the parties.
(b) Judgment in an action brought pursuant to this section, and in
an action brought pursuant to Section 17402, if at issue, may be
rendered pursuant to a noticed motion, that shall inform the
defendant that in order to exercise his or her right to trial, he or
she must appear at the hearing on the motion.
If the defendant appears at the hearing on the motion, the court
shall inquire of the defendant if he or she desires to subpoena
evidence and witnesses, if parentage is at issue and genetic tests
have not already been conducted whether he or she desires genetic
tests, and if he or she desires a trial. If the defendant's answer
is in the affirmative, a continuance shall be granted to allow the
defendant to exercise those rights. A continuance shall not postpone
the hearing to more than 90 days from the date of service of the
motion. If a continuance is granted, the court may make an order for
temporary support without prejudice to the right of the court to
make an order for temporary support as otherwise allowed by law.
(c) In any action to enforce a spousal support order the action
may be pled in the name of the county in the same manner as an action
to establish a child support obligation. The same restrictions on
joinder of actions, coordination of actions, cross-complaints, and
delay because of the pendency of any other action as relates to
actions to establish a child support obligation shall also apply to
actions to enforce a spousal support order.
(d) Nothing contained in this section shall be construed to
prevent the parties from bringing an independent action under other
provisions of this code and litigating the issues of support,
custody, visitation, or protective orders. In that event, any
support, custody, visitation, or protective order issued by the court
in an action pursuant to this section shall be filed in the action
commenced under the other provisions of this code and shall continue
in effect until modified by a subsequent order of the court. To the
extent that the orders conflict, the court order last issued shall
supersede all other orders and be binding upon all parties in that
action.
(e) (1) After a support order, including a temporary support order
and an order for medical support only, has been entered in an action
brought pursuant to this section, the parent who has requested or is
receiving support enforcement services of the local child support
agency shall become a party to the action brought pursuant to this
section, only in the manner and to the extent provided by this
section, and only for the purposes allowed by this section.
(2) Notice of the parent's status as a party shall be given to the
parent by the local child support agency in conjunction with the
notice required by subdivision (e) of Section 17406. The complaint
shall contain this notice. Service of the complaint on the parent in
compliance with Section 1013 of the Code of Civil Procedure, or as
otherwise provided by law, shall constitute compliance with this
section. In all actions commenced under the procedures and forms in
effect on or before December 31, 1996, the parent who has requested
or is receiving support enforcement services of the local child
support agency shall not become a party to the action until he or she
is joined as a party pursuant to an ex parte application or noticed
motion for joinder filed by the local child support agency or a
noticed motion filed by either parent. The local child support
agency shall serve a copy of any order for joinder of a parent
obtained by the local child support agency's application on both
parents in compliance with Section 1013 of the Code of Civil
Procedure.
(3) Once both parents are parties to an action brought pursuant to
this section in cases where Title IV-D services are currently being
provided, the local child support agency shall be required, within
five days of receipt, to mail the nonmoving party in the action all
pleadings relating solely to the support issue in the action that
have been served on the local child support agency by the moving
party in the action, as provided in subdivision (f) of Section 17406.
There shall be a rebuttable presumption that service on the local
child support agency consistent with the provisions of this paragraph
constitutes valid service on the moving party. Where this procedure
is used to effectuate service on the nonmoving party, the pleadings
shall be served on the local child support agency not less than 30
days prior to the hearing.
(4) The parent who has requested or is receiving support
enforcement services of the local child support agency is a party to
an action brought under this section for issues relating to the
support, custody, and visitation of a child, and for restraining
orders, and for no other purpose. The local child support agency
shall not be required to serve or receive service of papers,
pleadings, or documents, or participate in, or attend any hearing or
proceeding relating to issues of custody or visitation, except as
otherwise required by law. Orders concerning custody and visitation
may be made in an action pursuant to this subdivision only if orders
concerning custody and visitation have not been previously made by a
court of competent jurisdiction in this state or another state and
the court has jurisdiction and is the proper venue for custody and
visitation determinations. All issues regarding custody and
visitation shall be heard and resolved in the manner provided by this
code. Except as otherwise provided by law, the local child support
agency shall control support and parentage litigation brought
pursuant to this section, and the manner, method, and procedures used
in establishing parentage and in establishing and enforcing support
obligations unless and until the parent who requested or is receiving
support enforcement services has requested in writing that the local
child support agency close his or her case and the case has been
closed in accordance with state and federal regulation or policy.
(f) (1) A parent who has requested or is receiving support
enforcement services of the local child support agency may take
independent action to modify a support order made pursuant to this
section while support enforcement services are being provided by the
local child support agency. The parent shall serve the local child
support agency with notice of any action filed to modify the support
order and provide the local child support agency with a copy of the
modified order within 15 calendar days after the date the order is
issued.
(2) A parent who has requested or is receiving support enforcement
services of the local child support agency may take independent
action to enforce a support order made pursuant to this section while
support enforcement services are being provided by the local child
support agency with the written consent of the local child support
agency. At least 30 days prior to filing an independent enforcement
action, the parent shall provide the local child support agency with
written notice of the parent's intent to file an enforcement action
that includes a description of the type of enforcement action the
parent intends to file. Within 30 days of receiving the notice, the
local child support agency shall either provide written consent for
the parent to proceed with the independent enforcement action or
notify the parent that the local child support agency objects to the
parent filing the proposed independent enforcement action. The local
child support agency may object only if the local child support
agency is currently using an administrative or judicial method to
enforce the support obligation or if the proposed independent
enforcement action would interfere with an investigation being
conducted by the local child support agency. If the local child
support agency does not respond to the parent's written notice within
30 days, the local child support agency shall be deemed to have
given consent.
(3) The court shall order that all payments of support shall be
made to the local child support agency in any action filed under this
section by the parent who has requested, or is receiving, support
enforcement services of the local child support agency unless support
enforcement services have been terminated by the local child support
agency by case closure as provided by state and federal law. Any
order obtained by a parent prior to support enforcement services
being terminated in which the local child support agency did not
receive proper notice pursuant to this section shall be voidable upon
the motion of the local child support agency.
(g) Any notice from the local child support agency requesting a
meeting with the support obligor for any purpose authorized under
this section shall contain a statement advising the support obligor
of his or her right to have an attorney present at the meeting.
(h) For the purpose of this section, "a parent who is receiving
support enforcement services" includes a parent who has assigned his
or her rights to support pursuant to Section 11477 of the Welfare and
Institutions Code.
(i) The Judicial Council shall develop forms to implement this
section.
SEC. 84.7. Section 17406 of the Family Code is amended to read:
17406. (a) In all actions involving paternity or support,
including, but not limited to, other proceedings under this code, and
under Division 9 (commencing with Section 10000) of the Welfare and
Institutions Code, the local child support agency and the Attorney
General represent the public interest in establishing, modifying, and
enforcing support obligations. No attorney-client relationship
shall be deemed to have been created between the local child support
agency or Attorney General and any person by virtue of the action of
the local child support agency or the Attorney General in carrying
out these statutory duties.
(b) Subdivision (a) is declaratory of existing law.
(c) In all requests for services of the local child support agency
or Attorney General pursuant to Section 17400 relating to actions
involving paternity or support, not later than the same day an
individual makes a request for these services in person, and not
later than five working days after either (1) a case is referred for
services from the county welfare department, (2) receipt of a request
by mail for an application for services, or (3) an individual makes
a request for services by telephone, the local child support agency
or Attorney General shall give notice to the individual requesting
services or on whose behalf services have been requested that the
local child support agency or Attorney General does not represent the
individual or the children who are the subject of the case, that no
attorney-client relationship exists between the local child support
agency or Attorney General and those persons, and that no such
representation or relationship shall arise if the local child support
agency or Attorney General provides the services requested. Notice
shall be in bold print and in plain English and shall be translated
into the language understandable by the recipient when reasonable.
The notice shall include the advice that the absence of an
attorney-client relationship means that communications from the
recipient are not privileged and that the local child
support agency or Attorney General may
provide support enforcement services to the other parent in the
future.
(d) The local child support agency or Attorney General shall give
the notice required pursuant to subdivision (c) to all recipients of
services under Section 17400 who have not otherwise been provided
that notice, not later than the date of the next annual notice
required under Section 11476.2 of the Welfare and Institutions Code.
This notice shall include notification to the recipient of services
under Section 17400 that the recipient may inspect the clerk's file
at the county clerk's office, and that, upon request, the local child
support agency, or, if appropriate, the Attorney General, will
furnish a copy of the most recent order entered in the case.
(e) The local child support agency or, if appropriate, the
Attorney General shall serve a copy of the complaint for paternity or
support, or both, on recipients of support services under Section
17400, as specified in paragraph (2) of subdivision (e) of Section
17404. A notice shall accompany the complaint that informs the
recipient that the local child support agency or Attorney General may
enter into a stipulated order resolving the complaint, and that the
recipient shall assist the prosecuting attorney, by sending all
information on the noncustodial parent's earnings and assets to the
prosecuting attorney.
(f) (1) (A) The local child support agency or Attorney General
shall provide written notice to recipients of services under Section
17400 of the initial date and time, and purpose of every hearing in a
civil action for paternity or support.
(B) Once the parent who has requested or is receiving support
enforcement services becomes a party to the action pursuant to
subdivision (e) of Section 17404, in lieu of the above, the local
child support agency or Attorney General shall serve on a parent all
pleadings relating to support that have been served on the local
child support agency by the other parent. The pleading shall be
accompanied by a notice.
(C) The notice provided subject to subparagraphs (A) and (B) shall
include the following language:
IMPORTANT NOTICE
It may be important that you attend the hearing. The local
child support agency does not represent you or your children. You
may have information about the other parent, such as information
about his or her income or assets that will not be presented to the
court unless you attend the hearing. You have the right to attend
the hearing and to be heard in court and tell the court what you
think the court should do with the child support order. This hearing
could change your rights or your children's rights to support.
(2) The notice shall state the purpose of the hearing or be
attached to the motion or other pleading which caused the hearing to
be scheduled.
(3) The notice shall be provided separate from all other material
and shall be in at least 14-point type. The failure of the local
child support agency or Attorney General to provide the notice
required pursuant to subparagraph (A) of paragraph (1) shall not
affect the validity of any order.
(4) (A) The notice required pursuant to subparagraph (A) of
paragraph (1) shall be provided not later than seven calendar days
prior to the hearing, or, if the local child support agency or
Attorney General receives notice of the hearing less than seven days
prior to the hearing, within two days of the receipt by the local
child support agency or Attorney General of the notice of the
hearing.
(B) Service of the notice and the pleadings required pursuant to
subparagraph (B) of paragraph (1) shall be completed not later than
five days after receipt of the pleadings served on the local child
support agency by the parent.
(5) The local child support agency or Attorney General shall, in
order to implement this subdivision, make reasonable efforts to
ensure that the local child support agency or Attorney General has
current addresses for all parties to the child support action.
(g) The local child support agency or Attorney General shall give
notice to recipients of services under Section 17400 of every order
obtained by the local child support agency or Attorney General that
establishes or modifies the support obligation for the recipient or
the children who are the subject of the order, by sending a copy of
the order to the recipient. The notice shall be made within the time
specified by federal law after the order has been filed. The local
child support agency or Attorney General shall also give notice to
these recipients of every order obtained in any other jurisdiction,
that establishes or modifies the support obligation for the recipient
or the children who are the subject of the order, and which is
received by the local child support agency or Attorney General, by
sending a copy of the order to the recipient within the timeframe
specified by federal law after the local child support agency or
Attorney General has received a copy of the order. In any action
enforced under Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9, the notice shall be made in compliance with the
requirements of that chapter. The failure of the local child support
agency or Attorney General to comply with this subdivision shall not
affect the validity of any order.
(h) The local child support agency or Attorney General shall give
notice to the noncustodial parent against whom a civil action is
filed that the local child support agency or Attorney General is not
the attorney representing any individual, including, but not limited
to, the custodial parent, the child, or the noncustodial parent.
(i) Nothing in this section shall be construed to preclude any
person who is receiving services under Section 17400 from filing and
prosecuting an independent action to establish, modify, and enforce
an order for current support on behalf of himself or herself or a
child if that person is not receiving public assistance.
(j) A person who is receiving services under Section 17400 but who
is not currently receiving public assistance on his or her own
behalf or on behalf of a child shall be asked to execute, or consent
to, any stipulation establishing or modifying a support order in any
action in which that person is named as a party, before the
stipulation is filed. The local child support agency or Attorney
General shall not submit to the court for approval a stipulation to
establish or modify a support order in the action without first
obtaining the signatures of all parties to the action, their
attorneys of record, or persons authorized to act on their behalf.
Any stipulation approved by the court in violation of this
subdivision shall be void.
(k) The local child support agency or Attorney General shall not
enter into a stipulation that reduces the amount of past due support,
including interest and penalties accrued pursuant to an order of
current support, on behalf of a person who is receiving support
enforcement services under Section 17400 and who is owed support
arrearages that exceed unreimbursed public assistance paid to the
recipient of the support enforcement services, without first
obtaining the consent of the person who is receiving services under
Section 17400 on his or her own behalf or on behalf of the child.
(l) The notices required in this section shall be provided in the
following manner:
(1) In all cases in which the person receiving services under
Section 17400 resides in California, notice shall be provided by
mailing the item by first-class mail to the last known address of, or
personally delivering the item to, that person.
(2) In all actions enforced under Chapter 6 (commencing with
Section 4900) of Part 5 of Division 9, unless otherwise specified,
notice shall be provided by mailing the item by first-class mail to
the initiating court.
(m) Notwithstanding any other provision of this section, the
notices provided for pursuant to subdivisions (c) to (g), inclusive,
shall not be required in foster care cases.
SEC. 85. Section 17430 of the Family Code is amended to read:
17430. (a) Notwithstanding any other provision of law, in any
action filed by the local child support agency pursuant to Section
17400, 17402, or 17404, a judgment shall be entered without hearing,
without the presentation of any other evidence or further notice to
the defendant, upon the filing of proof of service by the local child
support agency evidencing that more than 30 days have passed since
the simplified summons and complaint, proposed judgment, blank
answer, blank income and expense declaration, and all notices
required by this division were served on the defendant.
(b) If the defendant fails to file an answer with the court within
30 days of having been served as specified in subdivision (c) of
Section 17400, or at any time before the default judgment is entered,
the proposed judgment filed with the original summons and complaint
shall be conformed by the court as the final judgment and a copy
provided to the local child support agency, unless the local child
support agency has filed a declaration and amended proposed judgment
pursuant to subdivision (c).
(c) If the local child support agency receives additional
financial information within 30 days of service of the complaint and
proposed judgment on the defendant and the additional information
would result in a support order that is different from the amount in
the proposed judgment, the local child support agency shall file a
declaration setting forth the additional information and an amended
proposed judgment. The declaration and amended proposed judgment
shall be served on the defendant in compliance with Section 1013 of
the Code of Civil Procedure or otherwise as provided by law. The
defendant's time to answer or otherwise appear shall be extended to
30 days from the date of service of the declaration and amended
proposed judgment.
(d) Upon entry of the judgment, the clerk of the court shall
provide a conformed copy of the judgment to the local child support
agency. The local child support agency shall mail by first-class
mail, postage prepaid, a notice of entry of judgment by default and a
copy of the judgment to the defendant to the address where he or she
was served with the summons and complaint and last known address if
different from that address.
SEC. 85.3. Section 17433 of the Family Code is amended to read:
17433. In any action in which a judgment or order for support was
entered after the entry of the default of the defendant under
Section 17430, the court shall relieve the defendant from that
judgment or order if the defendant establishes that he or she was
mistakenly identified in the order or in any subsequent documents or
proceedings as the person having an obligation to provide support.
The defendant shall also be entitled to the remedies specified in
subdivisions (d) and (e) of Section 17530 with respect to any actions
taken to enforce that judgment or order. This section is only
intended to apply where an order has been entered against a person
who is not the support obligor named in the judgment or order.
SEC. 86. Section 17434 of the Family Code is amended to read:
17434. (a) The department shall publish a booklet describing the
proper procedures and processes for the collection and payment of
child and spousal support. The booklet shall be written in language
understandable to the lay person and shall direct the reader to
obtain the assistance of the local child support agency, the family
law facilitator, or legal counsel where appropriate. The department
may contract on a competitive basis with an organization or
individual to write the booklet.
(b) The department shall have primary responsibility for the
design and development of the contents of the booklet. The
department shall solicit comment regarding the content of the booklet
from the Director of the Administrative Office of the Courts. The
department shall verify the appropriateness and accuracy of the
contents of the booklet with at least one representative of each of
the following organizations:
(1) A local child support agency.
(2) The State Attorney General's office.
(3) The California Family Support Council.
(4) A community organization that advocates for the rights of
custodial parents.
(5) A community organization that advocates for the rights of
supporting parents.
(c) Upon receipt of booklets on support collection, each county
welfare department shall provide a copy to each head of household
whose application for public assistance under Division 9 (commencing
with Section 10000) of the Welfare and Institutions Code has been
approved and for whom support rights have been assigned pursuant to
Section 11477 of the Welfare and Institutions Code. The department
shall provide copies of the booklet to local child support agencies
for distribution, and to any person upon request. The department
shall also distribute the booklets to all superior courts. Upon
receipt of those booklets, each clerk of the court shall provide two
copies of the booklet to the petitioner or plaintiff in any action
involving the support of a minor child. The moving party shall serve
a copy of the booklet on the responding party.
(d) The department shall expand the information provided under its
toll-free information hotline in response to inquiries regarding the
process and procedures for collection and payment of child and
spousal support. This toll-free number shall be advertised as
providing information on child and spousal support. The hotline
personnel shall not provide legal consultation or advice, but shall
provide only referral services.
(e) The department shall maintain a file of referral sources to
provide callers to the telephone hotline with the following
information specific to the county in which the caller resides:
(1) The location and telephone number of the local child support
agency, the county welfare office, the family law facilitator, and
any other government agency that handles child and spousal support
matters.
(2) The telephone number of the local bar association for referral
to attorneys in family law practice.
(3) The name and telephone number of at least one organization
that advocates the payment of child and spousal support or the name
and telephone number of at least one organization that advocates the
rights of supporting parents, if these organizations exist in the
county.
SEC. 86.3. Section 17504 of the Family Code is amended to read:
17504. The first fifty dollars ($50) of any amount of child
support collected in a month in payment of the required support
obligation for that month shall be paid to a recipient of aid under
this Article 2 (commencing with Section 11250) of Chapter 2 of Part 3
of Division 9 of the Welfare and Institutions Code, except
recipients of foster care payments under Article 5 (commencing with
Section 11400) of Chapter 2 of Part 3 of Division 9 of the Welfare
and Institutions Code shall not be considered income or resources of
the recipient family, and shall not be deducted from the amount of
aid to which the family would otherwise be eligible. The local child
support agency in each county shall ensure that payments are made to
recipients as required by this section.
SEC. 87. Section 17505 of the Family Code is amended to read:
17505. (a) All state, county, and local agencies shall cooperate
with the local child support agency (1) in the enforcement of any
child support obligation or to the extent required under the state
plan under Chapter 6 (commencing with Section 4900) of Part 5 of
Division 9, Section 270 of the Penal Code, and Section 17604, and (2)
the enforcement of spousal support orders and in the location of
parents or putative parents. The local child support agency may
enter into an agreement with and shall secure from a municipal,
county, or state law enforcement agency, pursuant to that agreement,
state summary criminal record information through the California Law
Enforcement Telecommunications System. This subdivision applies
irrespective of whether the children are or are not receiving aid to
families with dependent children. All state, county, and local
agencies shall cooperate with the district attorney in implementing
Chapter 8 (commencing with Section 3130) of Part 2 of Division 8
concerning the location, seizure, and recovery of abducted,
concealed, or detained minor children.
(b) On request, all state, county, and local agencies shall supply
the local child support agency of any county in this state or the
California Parent Locator Service with all information on hand
relative to the location, income, or property of any parents,
putative parents, spouses, or former spouses, notwithstanding any
other provision of law making the information confidential, and with
all information on hand relative to the location and prosecution of
any person who has, by means of false statement or representation or
by impersonation or other fraudulent device, obtained aid for a child
under this chapter.
(c) The California Child Support Automation System, or its
replacement, shall be entitled to the same cooperation and
information provided to the California Parent Locator Service, to the
extent allowed by law. The California Child Support Automation
System, or its replacement, shall be allowed access to criminal
offender record information only to the extent that access is allowed
by law.
(d) Information exchanged between the California Parent Locator
Service or the California Child Support Automation System, or its
replacement, and state, county, or local agencies as specified in
Section 666(c)(1)(D) of Title 42 of the United State Code shall be
through automated processes to the maximum extent feasible.
SEC. 88. Section 17508 of the Family Code is amended to read:
17508. (a) The Employment Development Department shall, when
requested by the Department of Child Support Services local child
support agency, or, the Franchise Tax Board for purposes of
administering Article 5 (commencing with Section 19271) of Chapter 5
of Part 10.2 of Division 2 of the Revenue and Taxation Code, the
federal Parent Locator Service, or the California Parent Locator
Service, provide access to information collected pursuant to Division
1 (commencing with Section 100 of the Unemployment Insurance Code to
the requesting department or agency for purposes of administering
the child support enforcement program, and for purposes of verifying
employment of applicants and recipients of aid under this chapter or
food stamps under Chapter 10 (commencing with Section 18900) of Part
6 of Division 9 of the Welfare and Institutions Code.
(b) (1) To the extent possible, the Employment Development
Department shall share information collected under Sections 1088.5
and 1088.8 of the Unemployment Insurance Code immediately upon
receipt. This sharing of information may include electronic means.
(2) This subdivision shall not authorize the Employment
Development Department to share confidential information with any
individuals not otherwise permitted by law to receive the information
or preclude batch runs or comparisons of data.
SEC. 89. Section 17518 of the Family Code is amended to read:
17518. (a) As authorized by subdivision (d) of Section 704.120 of
the Code of Civil Procedure, the following actions shall be taken in
order to enforce support obligations that are not being met.
Whenever a support judgment or order has been rendered by a court of
this state against an individual who is entitled to any unemployment
compensation benefits or unemployment compensation disability
benefits, the local child support agency may file a certification of
support judgment or support order with the Department of Child
Support Services, verifying under penalty of perjury that there is or
has been a judgment or an order for support with sums overdue
thereunder. The department shall periodically present and keep
current, by deletions and additions, a list of the certified support
judgments and orders and shall periodically notify the Employment
Development Department of individuals certified as owing support
obligations.
(b) If the Employment Development Department determines that an
individual who owes support may have a claim for unemployment
compensation disability insurance benefits under a voluntary plan
approved by the Employment Development Department in accordance with
Chapter 6 (commencing with Section 3251) of Part 2 of Division 1 of
the Unemployment Insurance Code, the Employment Development
Department shall immediately notify the voluntary plan payer. When
the department notifies the Employment Development Department of
changes in an individual's support obligations, the Employment
Development Department shall promptly notify the voluntary plan payer
of these changes. The Employment Development Department shall
maintain and keep current a record of individuals who owe support
obligations who may have claims for unemployment compensation or
unemployment compensation disability benefits.
(c) Notwithstanding any other law, the Employment Development
Department shall withhold the amounts specified below from the
unemployment compensation benefits or unemployment compensation
disability benefits of individuals with unmet support obligations.
The Employment Development Department shall forward the amounts to
the Department of Child Support Services for distribution to the
appropriate certifying county.
(d) Notwithstanding any other law, during the payment of
unemployment compensation disability benefits to an individual, with
respect to whom the Employment Development Department has notified a
voluntary plan payer that the individual has a support obligation,
the voluntary plan payer shall withhold the amounts specified below
from the individual's unemployment compensation disability benefits
and shall forward the amounts to the appropriate certifying county.
(e) The amounts withheld in subdivisions (c) and (d) shall be
equal to 25 percent of each weekly unemployment compensation benefit
payment or periodic unemployment compensation disability benefit
payment, rounded down to the nearest whole dollar, which is due the
individual identified on the certified list. However, the amount
withheld may be reduced to a lower whole dollar amount through a
written agreement between the individual and the local child support
agency or through an order of the court.
(f) The department shall ensure that the appropriate certifying
county shall resolve any claims for refunds in the amounts
overwithheld by the Employment Development Department or voluntary
plan payer.
(g) No later than the time of the first withholding, the
individuals who are subject to the withholding shall be notified by
the payer of benefits of all of the following:
(1) That his or her unemployment compensation benefits or
unemployment compensation disability benefits have been reduced by a
court-ordered support judgment or order pursuant to this section.
(2) The address and telephone number of the local child support
agency that submitted the certificate of support judgment or order.
(3) That the support order remains in effect even though he or she
is unemployed or disabled unless it is modified by court order, and
that if the amount withheld is less than the monthly support
obligation, an arrearage will accrue.
(h) The individual may ask the appropriate court for an equitable
division of the individual's unemployment compensation or
unemployment compensation disability amounts withheld to take into
account the needs of all the persons the individual is required to
support.
(i) The Department of Child Support Services and the Employment
Development Department shall enter into any agreements necessary to
carry out this section.
(j) For purposes of this section, "support obligations" means the
child and related spousal support obligations that are being enforced
pursuant to a plan described in Section 454 of the Social Security
Act and as that section may hereafter be amended. However, to the
extent "related spousal support obligation" may not be collected from
unemployment compensation under federal law, those obligations shall
not be included in the definition of support obligations under this
section.
SEC. 90. Section 17525 of the Family Code is amended to read:
17525. (a) Whenever a state or local governmental agency issues a
notice of support delinquency, the notice shall state the date upon
which the amount of the delinquency was calculated, and shall notify
the obligor that the amount calculated may, or may not, include
accrued interest. This requirement shall not be imposed until the
local child support agency has instituted the California Child
Support Automation System defined in Section 10081. The notice shall
further notify the obligor of his or her right to an administrative
determination of arrears by requesting that the local child support
agency review the arrears, but that payments on arrears continue to
be due and payable unless and until the local child support agency
notifies the obligor otherwise. A state agency shall not be required
to suspend enforcement of any arrearages as a result of the obligor'
s request for an administrative determination of arrears, unless the
agency receives notification of a suspension pursuant to subdivision
(b) of Section 17526.
(b) For purposes of this section, "notice of support delinquency"
means a notice issued to a support obligor that includes a specific
statement of the amount of delinquent support due and payable.
(c) This section shall not require a state or local entity to
calculate the amount of a support delinquency, except as otherwise
required by law.
SEC. 91. Section 17531 is added to the Family Code, to read:
17531. When a local child support agency closes a child support
case containing summary criminal history information, the local child
support agency shall delete or purge from the file and destroy any
documents or information concerning or arising from offenses for or
of which the parent has been arrested, charged, or convicted, other
than offenses related to the parent's having failed to provide
support for minor children, no later than four years and four months,
or any other timeframe that is consistent with federal regulations
controlling child support records retention, after the date the local
child support agency closes the case.
SEC. 92. Section 17540 is added to the Family Code, to
read:
17540. (a) (1) Commencing July 1, 2000, the department shall pay
only those county claims for federal or state reimbursement under
this division which are filed with the department within nine months
of the end of the calendar quarter in which the costs are paid. A
claim filed after that time may only be paid if the claim falls
within the exceptions set forth in federal law.
(2) The department may change the nine-month limitation specified
in paragraph (1), as deemed necessary by the department to comply
with federal changes which affect time limits for filing a claim.
(b) (1) The department may waive the time limit imposed by
subdivision (a) if the department determines there was good cause for
a county's failure to file a claim or claims within the time limit.
(2) (A) For purposes of this subdivision, "good cause" means
circumstances which are beyond the county's control, including acts
of God and documented action or inaction by the state or federal
government.
(B) "Circumstances beyond the county's control" do not include
neglect or failure on the part of the county or any of its offices,
officers, or employees.
(C) A county shall request a waiver of the time limit imposed by
this section for good cause in accordance with regulations adopted
and promulgated by the department.
(3) The department's authority to waive the time limit under this
subdivision shall be subject to the availability of funds and shall
not apply to claims submitted more than 18 months after the end of
the calendar quarter in which costs were paid.
SEC. 93. Section 17604 of the Family Code is amended to read:
17604. (a) (1) If at any time the director considers any public
agency, that is required by law, by delegation of the department, or
by cooperative agreement to perform functions relating to the state
plan for securing child and spousal support and determining
paternity, to be failing in a substantial manner to comply with any
provision of the state plan, the director shall put that agency on
written notice to that effect.
(2) The state plan concerning spousal support shall apply only to
spousal support included in a child support order.
(3) In this chapter the term spousal support shall include support
for a former spouse.
(b) After receiving notice, the public agency shall have 45 days
to make a showing to the director of full compliance or set forth a
compliance plan that the director finds to be satisfactory.
(c) If the director determines that there is a failure on the part
of that public agency to comply with the provisions of the state
plan, or to set forth a compliance plan that the director finds to be
satisfactory, or if the State Personnel Board certifies to the
director that the public agency is not in conformity with applicable
merit system standards under Part 2.5 (commencing with Section 19800)
of Division 5 of Title 2 of the Government Code, and that sanctions
are necessary to secure compliance, the director shall withhold part
or all of state and federal funds, including incentive funds, from
that public agency until the public agency shall make a showing to
the director of full compliance.
(d) After sanctions have been invoked pursuant to subdivision (c),
if the director determines that there remains a failure on the part
of the public agency to comply with the provisions of the state plan,
the director may remove that public agency from performing any part
or all of the functions relating to the state plan.
(e) In the event of any other audit or review that results in the
reduction or modification of federal funding for the program under
Part D (commencing with Section 652) of Subchapter IV of Title 42 of
the United States Code, the sanction shall be assessed against those
counties specifically cited in the federal findings in the amount
cited in those findings.
(f) The department shall establish a process whereby any county
assessed a portion of any sanction may appeal the department's
decision.
(g) Nothing in this section shall be construed as relieving the
board of supervisors of the responsibility to provide funds necessary
for the continued operation of the state plan as required by law.
SEC. 94. Section 17714 of the Family Code is amended to read:
17714. (a) (1) Any funds paid to a county pursuant to this
chapter prior to June 30, 1999, which exceed the county's cost of
administering the child support program of the local child support
agency pursuant to Section 17400 to that date, hereafter referred to
as "excess funds," shall be expended by the county only upon that
program. All these excess funds shall be deposited by the county
into a special fund established by the county for this purpose.
(2) Performance incentive funds shall include, but not be limited
to, incentive funds paid pursuant to Section 17704, and performance
incentive funds paid pursuant to Section 14142.93 of the Welfare and
Institutions Code and all interest earned on deposits in the special
fund. Performance incentive funds shall not include funds paid
pursuant to Section 17706. Performance incentive funds shall be
expended by the county only upon that program. All performance
incentive funds shall be deposited by the county into a special fund
established by the county for this purpose.
(b) All excess funds and performance incentive funds shall be
expended by the county on the support enforcement program of the
local child support agency within two fiscal years following the
fiscal year of receipt of the funds by the county. Except as
provided in subdivision (c), any excess funds or performance
incentive funds paid pursuant to this chapter since July 1, 1992,
that the department determines have not been spent within the
required two-year period shall revert to the state General Fund, and
shall be distributed by the department only to counties that have
complied with this section. The formula for distribution shall be
based on the number of CalWORKs cases within each county.
(c) A county that submits to the department a written plan
approved by that county's local child support agency for the
expenditure of excess funds or performance incentive funds shall be
exempted from the requirements of subdivision (b), if the department
determines that the expenditure will be cost-effective, will maximize
federal funds, and the expenditure plan will require more than the
time provided for in subdivision (b) to expend the funds. Once the
department approves a plan pursuant to this subdivision, funds
received by a county and designated for an expenditure in the plan
shall not be expended by the county for any other purpose.
(d) Nothing in this section shall be construed to nullify the
recovery and reversion to the General Fund of unspent incentive funds
as provided in Section 6 of Chapter 479 of the Statutes of 1999.
SEC. 95. Section 6103.9 of the Government Code is amended to read:
6103.9. (a) Notwithstanding any other provision of law, except as
provided in this section, the local child support agency and the
district attorney shall be exempt from the payment of any fees,
including fees for service of process and filing fees, in any action
or proceeding brought for the establishment of a child support
obligation or the enforcement of a child or spousal support
obligation.
(b) A court or county may be reimbursed for those direct costs
related to the establishment of a child support obligation or the
enforcement of a child or spousal support obligation which have been
agreed to pursuant to a plan of cooperation. Any reimbursement
pursuant to a plan of cooperation shall not include any amount which
is payable as a filing fee.
(c) For purposes of this section, a "plan of cooperation" includes
an agreement entered into by a court and the Administrative Office
of the Courts of the California Judicial Council which provides for
reimbursement for the cost of providing clerical and administrative
support furnished by the court.
SEC. 96. Section 7480 of the Government Code is amended to read:
7480. Nothing in this chapter prohibits any of the following:
(a) The dissemination of any financial information that is not
identified with, or identifiable as being derived from, the financial
records of a particular customer.
(b) When any police or sheriff's department or district attorney
in this state certifies to a bank, credit union, or savings
association in writing that a crime report has been filed that
involves the alleged fraudulent use of drafts, checks, or other
orders drawn upon any bank, credit union, or savings association in
this state, the police or sheriff's department or district attorney
may request a bank, credit union, or savings association to furnish,
and a bank, credit union, or savings association shall furnish, a
statement setting forth the following information with respect to a
customer account specified by the police or sheriff's department or
district attorney for a period 30 days prior to, and up to 30 days
following, the date of occurrence of the alleged illegal act
involving the account:
(1) The number of items dishonored.
(2) The number of items paid that created overdrafts.
(3) The dollar volume of the dishonored items and items paid which
created overdrafts and a statement explaining any credit arrangement
between the bank, credit union, or savings association and customer
to pay overdrafts.
(4) The dates and amounts of deposits and debits and the account
balance on these dates.
(5) A copy of the signature card, including the signature and any
addresses appearing on a customer's signature card.
(6) The date the account opened and, if applicable, the date the
account closed.
(7) A bank, credit union, or savings association that provides the
requesting party with copies of one or more complete account
statements prepared in the regular course of business shall be deemed
to be in compliance with paragraphs (1), (2), (3), and (4).
(c) (1) The Attorney General, a supervisory agency, the Franchise
Tax Board, the State Board of Equalization, the Employment
Development Department, the Controller or an inheritance tax referee
when administering the Prohibition of Gift and Death Taxes (Part 8
(commencing with Section 13301) of Division 2 of the Revenue and
Taxation Code), a police or sheriff's department or district
attorney, a county welfare department when investigating welfare
fraud, a county auditor-controller or director of finance when
investigating fraud against the county, or the Department of
Corporations when conducting investigations in connection with the
enforcement of laws administered by the Commissioner of Corporations,
from requesting of an office or branch of a financial institution,
and the office or branch from responding to a request, as to whether
a person has an account or accounts at that office or branch and, if
so, any identifying numbers of the account or accounts.
(2) No additional information beyond that specified in this
section shall be released to a county welfare department without
either the accountholder's written consent or a judicial writ, search
warrant, subpoena, or other judicial order.
(3) A county auditor-controller or director of finance who
unlawfully discloses information he or she is authorized to request
under this subdivision is guilty of the unlawful disclosure of
confidential data, a misdemeanor, which shall be punishable as set
forth in Section 7485.
(d) The examination by, or disclosure to, any supervisory agency
of financial records that relate solely to the exercise of its
supervisory function. The scope of an agency's supervisory function
shall be determined by reference to statutes that grant authority to
examine, audit, or require reports of financial records or financial
institutions as follows:
(1) With respect to the Commissioner of Financial Institutions by
reference to Division 1 (commencing with Section 99), Division 1.5
(commencing with Section 4800), Division 2 (commencing with Section
5000), Division 5 (commencing with Section 14000), Division 7
(commencing with Section 18000), Division 15 (commencing with Section
31000), and Division 16 (commencing with Section 33000) of the
Financial Code.
(2) With respect to the Controller by reference to Title 10
(commencing with Section 1300) of Part 3 of the Code of Civil
Procedure.
(3) With respect to the Administrator of Local Agency Security by
reference to Article 2 (commencing with Section 53630) of Chapter 4
of Part 1 of Division 2 of Title 5 of the Government Code.
(e) The disclosure to the Franchise Tax Board of (1) the amount of
any security interest that a financial institution has in a
specified asset of a customer or (2) financial records in connection
with the filing or audit of a tax return or tax information return
that are required to be filed by the financial institution pursuant
to Part 10 (commencing with Section 17001), Part 11 (commencing with
Section 23001), or Part 18 (commencing with Section 38001) of the
Revenue and Taxation Code.
(f) The disclosure to the State Board of Equalization of any of
the following:
(1) The information required by Sections 6702, 6703, 8954, 8957,
30313, 30315, 32383, 32387, 38502, 38503, 40153, 40155, 41122,
41123.5, 43443, 43444.2, 44144, 45603, 45605, 46404, 46406, 50134,
50136, 55203, 55205, 60404, and 60407 of the Revenue and Taxation
Code.
(2) The financial records in connection with the filing or audit
of a tax return required to be filed by the financial institution
pursuant to Part 1 (commencing with Section 6001), Part 2 (commencing
with Section 7301), Part 3 (commencing with Section 8601), Part 13
(commencing with Section 30001), Part 14 (commencing with Section
32001), and Part 17 (commencing with Section 37001) of Division 2 of
the Revenue and Taxation Code.
(3) The amount of any security interest a financial institution
has in a specified asset of a customer, if the inquiry is directed to
the branch or office where the interest is held.
(g) The disclosure to the Controller of the information required
by Section 7853 of the Revenue and Taxation Code.
(h) The disclosure to the Employment Development Department of the
amount of any security interest a financial institution has in a
specified asset of a customer, if the inquiry is directed to the
branch or office where the interest is held.
(i) The disclosure by a construction lender, as defined in Section
3087 of the Civil Code, to the Registrar of Contractors, of
information concerning the making of progress payments to a prime
contractor requested by the registrar in connection with an
investigation under Section 7108.5 of the Business and Professions
Code.
(j) Upon receipt of a written request from a local child support
agency referring to a support order pursuant to Section 17400 of the
Family Code, a financial institution shall disclose the following
information concerning the account or the person named in the
request, whom the local child support agency shall identify, whenever
possible, by social security number:
(1) If the request states the identifying number of an account at
a financial institution, the name of each owner of the account.
(2) Each account maintained by the person at the branch to which
the request is delivered, and, if the branch is able to make a
computerized search, each account maintained by the person at any
other branch of the financial institution located in this state.
(3) For each account disclosed pursuant to paragraphs (1) and (2),
the account number, current balance, street address of the branch
where the account is maintained, and, to the extent available through
the branch's computerized search, the name and address of any other
person listed as an owner.
(4) Whenever the request prohibits the disclosure, a financial
institution shall not disclose either the request or its response, to
an owner of the account or to any other person, except the officers
and employees of the financial institution who are involved in
responding to the request and to attorneys, employees of the local
child support agencies, auditors, and regulatory authorities who have
a need to know in order to perform their duties, and except as
disclosure may be required by legal process.
(5) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
in response to a request pursuant to this subdivision, (B) failing
to notify the owner of an account, or complying with a request under
this paragraph not to disclose to the owner, the request or
disclosure under this subdivision, or (C) failing to discover any
account owned by the person named in the request pursuant to a
computerized search of the records of the financial institution.
(6) The local child support agency may request information
pursuant to this subdivision only when the local child support agency
has received at least one of the following types of physical
evidence:
(A) Any of the following, dated within the last three years:
(i) Form 599.
(ii) Form 1099.
(iii) A bank statement.
(iv) A check.
(v) A bank passbook.
(vi) A deposit slip.
(vii) A copy of a federal or state income tax return.
(viii) A debit or credit advice.
(ix) Correspondence that identifies the child support obligor by
name, the bank, and the account number.
(x) Correspondence that identifies the child support obligor by
name, the bank, and the banking services related to the account of
the obligor.
(xi) An asset identification report from a federal agency.
(B) A sworn declaration of the custodial parent during the 12
months immediately preceding the request that the person named in the
request has had or may have had an account at an office or branch of
the financial institution to which the request is made.
(7) Information obtained by a local child support agency pursuant
to this subdivision shall be used only for purposes that are directly
connected within the administration of the duties of the local child
support agency pursuant to Section 17400 of the Family Code.
(k) (1) As provided in paragraph (1) of subdivision (c) of Section
666 of Title 42 of the United States Code, upon receipt of an
administrative subpoena on the current federally approved interstate
child support enforcement form, as approved by the federal Office of
Management and Budget, a financial institution shall provide the
information or documents requested by the administrative subpoena.
(2) The administrative subpoena shall refer to the current federal
Office of Management and Budget control number and be signed by a
person who states that he or she is an authorized agent of a state or
county agency responsible for implementing the child support
enforcement program set forth in Part D (commencing with Section 651)
of Subchapter IV of Chapter 7 of Title 42 of the United States Code.
A financial institution may rely on the statements made in the
subpoena and has no duty to inquire into the truth of any statement
in the subpoena.
(3) If the person who signs the administrative subpoena directs a
financial institution in writing not to disclose either the subpoena
or its response to any owner of an account covered by the subpoena,
the financial institution shall not disclose the subpoena or its
response to any such owner.
(4) No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (A) disclosing information
or providing documents in response to a subpoena pursuant to this
subdivision, (B) failing to notify any owner of an account covered by
the subpoena or complying with a request not to disclose to the
owner, the subpoena or disclosure under this subdivision, or (C)
failing to discover any account owned by the person named in the
subpoena pursuant to a computerized search of the records of the
financial institution.
(l) The dissemination of financial information and records
pursuant to an order by a judge upon a written ex parte application
by a peace officer showing specific and articulable facts that there
are reasonable grounds to believe that the records or information
sought are relevant and material to an ongoing investigation of a
felony violation of Section 186.10 or of any felony subject to the
enhancement set forth in Section 186.11. The ex parte application
shall specify with particularity the records to be produced, which
shall be only those of the individual or individuals who are the
subject of the criminal investigation. The ex parte application and
any subsequent judicial order shall be open to the public as a
judicial record unless ordered sealed by the court, for a period of
60 days. The sealing of these records may be extended for 60-day
periods upon a showing to the court that it is necessary for the
continuance of the investigation. Sixty-day extensions may continue
for up to one year or until termination of the investigation of the
individual or individuals, whichever is sooner. The records ordered
to be produced shall be returned to the peace officer applicant or
his or her designee within a reasonable time period after service of
the order upon the financial institution. Nothing in this
subdivision shall preclude the financial institution from notifying a
customer of the receipt of the order for production of records
unless a court orders the financial institution to withhold
notification to the customer upon a finding that the notice would
impede the investigation.
Where a court has made an order to withhold notification to the
customer under this paragraph, the peace officer or law enforcement
agency who obtained the financial information shall notify the
customer by delivering a copy of the ex parte order to the customer
within 10 days of the termination of the investigation.
No financial institution, or any officer, employee, or agent
thereof, shall be liable to any person for (1) disclosing information
in response to an order pursuant to this subdivision, or (2)
complying with an order under this subdivision not to disclose to the
customer, the order, or the dissemination of information pursuant to
the order.
SEC. 97. Section 11552 of the Government Code is amended to read:
11552. Effective January 1, 1988, an annual salary of eighty-five
thousand four hundred two dollars ($85,402) shall be paid to each of
the following:
(a) Commissioner of Financial Institutions.
(b) Commissioner of Corporations.
(c) Insurance Commissioner.
(d) Director of Transportation.
(e) Real Estate Commissioner.
(f) Director of Social Services.
(g) Director of Water Resources.
(h) Director of Corrections.
(i) Director of General Services.
(j) Director of Motor Vehicles.
(k) Director of the Youth Authority.
(l) Executive Officer of the Franchise Tax Board.
(m) Director of Employment Development.
(n) Director of Alcoholic Beverage Control.
(o) Director of Housing and Community Development.
(p) Director of Alcohol and Drug Abuse.
(q) Director of the Office of Statewide Health Planning and
Development.
(r) Director of the Department of Personnel Administration.
(s) Chairperson and Member of the Board of Equalization.
(t) Secretary of the Trade and Commerce Agency.
(u) State Director of Health Services.
(v) Director of Mental Health.
(w) Director of Developmental Services.
(x) State Public Defender.
(y) Director of the California State Lottery.
(z) Director of Fish and Game.
(aa) Director of Parks and Recreation.
(ab) Director of Rehabilitation.
(ac) Director of Veterans Affairs.
(ad) Director of Consumer Affairs.
(ae) Director of Forestry and Fire Protection.
(af) The Inspector General pursuant to Section 6125 of the Penal
Code.
(ag) Director of Child Support Services.
The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
SEC. 97.1. Section 11552 of the Government Code is amended to
read:
11552. Effective January 1, 1988, an annual salary of eighty-five
thousand four hundred two dollars ($85,402) shall be paid to each of
the following:
(a) Commissioner of Financial Institutions.
(b) Commissioner of Corporations.
(c) Insurance Commissioner.
(d) Director of Transportation.
(e) Real Estate Commissioner.
(f) Director of Social Services.
(g) Director of Water Resources.
(h) Director of Corrections.
(i) Director of General Services.
(j) Director of Motor Vehicles.
(k) Director of the Youth Authority.
(l) Executive Officer of the Franchise Tax Board.
(m) Director of Employment Development.
(n) Director of Alcoholic Beverage Control.
(o) Director of Housing and Community Development.
(p) Director of Alcohol and Drug Abuse.
(q) Director of the Office of Statewide Health Planning and
Development.
(r) Director of the Department of Personnel Administration.
(s) Chairperson and Member of the Board of Equalization.
(t) Secretary of the Trade and Commerce Agency.
(u) State Director of Health Services.
(v) Director of Mental Health.
(w) Director of Developmental Services.
(x) State Public Defender.
(y) Director of the California State Lottery.
(z) Director of Fish and Game.
(aa) Director of Parks and Recreation.
(ab) Director of Rehabilitation.
(ac) Director of Veterans Affairs.
(ad) Director of Consumer Affairs.
(ae) Director of Forestry and Fire Protection.
(af) Director of Industrial Relations.
(ag) The Inspector General pursuant to Section 6125 of the Penal
Code.
(ah) Director of Child Support Services.
The annual compensation provided by this section shall be
increased in any fiscal year in which a general salary increase is
provided for state employees. The amount of the increase provided by
this section shall be comparable to, but shall not exceed, the
percentage of the general salary increases provided for state
employees during that fiscal year.
SEC. 98. Section 12419.3 of the Government Code is amended to
read:
12419.3. The Controller shall offset delinquent accounts against
personal income tax refunds which have been certified by the
Franchise Tax Board, in the following priority:
(a) The nonpayment of child or family support accounts enforced by
a local child support agency.
(b) The nonpayment of child or family support accounts enforced by
someone other than a local child support agency.
(c) The nonpayment of spousal support accounts enforced by a local
child support agency.
(d) The nonpayment of spousal support accounts enforced by someone
other than a local child support agency.
(e) The benefit overpayment accounts administered by the
Employment Development Department if no signed reimbursement
agreement exists, or if two consecutive payments on a reimbursement
agreement are delinquent as of September 30 of the taxable year.
(f) The other offset accounts in the priority determined by the
Controller.
SEC. 98.1. Section 12419.3 of the Government Code is amended to
read:
12419.3. The Controller shall offset delinquent accounts against
personal income tax refunds which have been certified by the
Franchise Tax Board, in the following priority:
(a) The nonpayment of child or family support accounts enforced by
a local child support agency.
(b) The nonpayment of child or family support accounts enforced by
someone other than a local child support agency.
(c) The nonpayment of spousal support accounts enforced by a local
child support agency.
(d) The nonpayment of spousal support accounts enforced by someone
other than a local child support agency.
(e) The benefit overpayment accounts administered by the
Employment Development Department if no signed reimbursement
agreement exists, or if two consecutive payments on a reimbursement
agreement are delinquent at any time.
(f) The other offset accounts in the priority determined by the
Controller.
SEC. 99. Section 15703 of the Government Code is amended to read:
15703. Notwithstanding any other provision of law, the Franchise
Tax Board shall, upon the request of the local child support agency,
provide to that agency the address, in addition to the social
security number, of an absent parent against whose personal income
tax refund the agency has requested an offset for nonpayment of child
support, if that information is required for the enforcement of a
child support order.
SEC. 100. Section 26746 of the Government Code is amended to read:
26746. In addition to any other fees required by law, a
processing fee of five dollars ($5) shall be assessed for each
disbursement of money collected under a writ of attachment,
execution, possession, or sale, but excluding any action by the local
child support agency for the establishment or enforcement of a child
support obligation. The fee shall be collected from the judgment
debtor in addition to, and in the same manner as, the moneys
collected under the writ. All proceeds of this fee shall be
deposited in a special fund in the county treasury. A separate
accounting of funds deposited shall be maintained for each depositor,
and funds deposited shall be for the exclusive use of the depositor.
Seventy percent of the moneys in the special fund shall be
expended to supplement the county's cost for vehicle fleet
replacement and equipment for the sheriff and the marshal. Thirty
percent of the moneys in the special fund shall be expended to
supplement the county's cost of vehicle and equipment maintenance for
the sheriff and the marshal, and for the county's expenses in
administering the funds.
No fee shall be charged where the only disbursement is the return
of the judgment creditor's deposit for costs.
SEC. 100.1. Section 26746 of the Government Code is amended to
read:
26746. In addition to any other fees required by law, a
processing fee of eight dollars ($8) shall be assessed for each
disbursement of money collected under a writ of attachment,
execution, possession, or sale, but excluding any action by the local
child support agency for the establishment or enforcement of a child
support obligation. The fee shall be collected from the judgment
debtor in addition to, and in the same manner as, the moneys
collected under the writ. All proceeds of this fee shall be
deposited in a special fund in the county treasury. A separate
accounting of funds deposited shall be maintained for each depositor,
and funds deposited shall be for the exclusive use of the depositor.
Seventy percent of the moneys in the special fund shall be
expended to supplement the county's cost for vehicle fleet
replacement and equipment for the sheriff and the marshal. Thirty
percent of the moneys in the special fund shall be expended to
supplement the county's cost of vehicle and equipment maintenance for
the sheriff and the marshal, and for the county's expenses in
administering the funds.
No fee shall be charged where the only disbursement is the return
of the judgment creditor's deposit for costs.
SEC. 101. Section 27757 of the Government Code is amended to read:
27757. (a) Except as otherwise ordered by the juvenile court, a
county financial evaluation officer, upon satisfactory proof, may
reduce, cancel, or remit the costs and charges listed in Sections
903, 903.1, 903.2, 903.3, and 903.45 of the Welfare and Institutions
Code, or established by order of the juvenile court.
(b) The county financial evaluation officer may, following entry
of an order by the juvenile court that a minor person be represented
by the public defender or private attorney or be placed under the
probation supervision of the probation officer or be placed or
detained in, or committed to, a county institution or other place,
make an investigation to determine the moneys, the property, or
interest in property, if any, the minor person has, and whether he or
she has a duly appointed and acting guardian to protect his or her
property interests. The county financial evaluation officer may also
make an investigation to determine whether the minor person has any
relative or relatives responsible under the provisions of this
chapter, and may ascertain the financial condition of that relative
or those relatives to determine whether they are financially able to
pay such charges.
(c) In any case where a county has expended money for the support
and maintenance of any ward, dependent child or other minor person,
or has furnished support and maintenance, and the court has not made
an order of reimbursement to the county, in whole or in part, as
provided by law, or the court has made and subsequently revoked such
an order, if the ward, dependent child or other minor person or
parent, guardian, or other person liable for the support of the ward,
dependent child or other minor person acquires property, money, or
estate subsequent to the date the juvenile court assumed jurisdiction
over the ward, dependent child or minor person, or subsequent to the
date the order of reimbursement was revoked, the county shall have a
claim for said reimbursement against the ward, dependent child or
other minor person or parent, guardian or other person responsible
for such support and maintenance. Such claim shall be enforced by
the county financial evaluation officer or the local child support
agency, as the case may be.
SEC. 102. Section 29410 of the Government Code is amended to read:
29410. The board of supervisors of a county may establish a local
child support agency's family or child support trust fund pursuant
to this article.
SEC. 102.5. Section 29411 of the Government Code is amended to
read:
29411. In any county that establishes a local child support
agency family or child support trust fund pursuant to this article,
the board of supervisors shall make these amounts available annually
to the local child support agency as determined to be necessary by
the auditor-controller. The auditor-controller shall cause those
amounts to be transferred to the local child support agency family or
child support trust fund.
SEC. 103. Section 29412 of the Government Code is amended to read:
29412. The local child support agency shall use the trust fund
solely for the purpose of advancing reimbursement for moneys
erroneously attached or intercepted by a government agency for
payment of a delinquent support obligation.
SEC. 104. Section 29413 of the Government Code is amended to read:
29413. Upon the presentation by the local child support agency of
a requisition to the auditor, the auditor shall draw a warrant in
favor of the local child support agency on the trust fund for such
amounts as the local child support agency requires, within seven
working days of the presentation of the requisition to the auditor.
The treasurer shall pay the warrant.
SEC. 105. Section 29414 of the Government Code is amended to read:
29414. (a) The local child support agency shall forward attached
or intercepted moneys upon which advances were made to the trust fund
within three days of receipt from the attaching or intercepting
agency.
(b) The local child support agency shall not designate the
application of money returned to the trust fund to a specific case.
SEC. 106. Section 29415 of the Government Code is amended to read:
29415. The local child support agency trust fund is in addition
to any other appropriations for the local child support agency, and
this article shall not be construed to limit or affect any provision
of law relative to the expenses of the local child support agency
which are incurred and paid as other county claims after allowance by
the board of supervisors.
SEC. 107. Section 29416 of the Government Code is amended to read:
29416. Notwithstanding any other provision of law, the budget of
each county shall indicate the amount appropriated for the local
child support agency for child and spousal support enforcement. All
such moneys shall be available for expenditure for capital and
operational expenses.
SEC. 108. Section 102447 of the Health and Safety Code is amended
to read:
102447. Notwithstanding Section 102430, a parent's social
security number contained in the confidential medical and social
information portion of the child's certificate of live birth shall be
accessible to the State Department of Child Support Services and
local child support agencies for the purposes of operating the Child
Support Enforcement Program, as specified in Title IV-D of the
federal Social Security Act.
SEC. 109. Section 10121.6 of the Insurance Code is amended to
read:
10121.6. (a) No policy of group disability insurance or
self-insured employee welfare benefit plan which provides hospital,
medical, or surgical expense benefits for employees, insureds, or
policyholders and their dependents shall exclude a dependent child
from eligibility or benefits solely because the dependent child does
not reside with the employee, insured, or policyholder.
(b) Each policy of group disability insurance or self-insured
employee welfare benefit plan which provides hospital, medical, or
surgical expense benefits for employees, insureds, or policyholders
and their dependents shall enroll, upon application by the employer
or group administrator, a dependent child of the noncustodial parent
when that parent is the employee, insured, or policyholder at any
time either the parent or the person having custody of the child as
defined in Section 3751.5 of the Family Code, or the local child
support agency makes an application for enrollment to the employer or
group administrator when a court order for medical support exists.
In the case of children who are eligible for medicaid, the State
Department of Health Services may also make that application.
SEC. 110. Section 138.5 of the Labor Code is amended to read:
138.5. The Division of Workers' Compensation shall cooperate in
the enforcement of child support obligations. At the request of the
Department of Child Support Services, the administrative director
shall assist in providing to the State Department of Child Support
Services information concerning persons who are receiving permanent
disability benefits or who have filed an application for adjudication
of a claim which the Department of Child Support Services determines
is necessary to carry out its responsibilities pursuant to Section
17510 of the Family Code.
The process of sharing information with regard to applicants for
and recipients of permanent disability benefits required by this
section shall be known as the Workers' Compensation Notification
Project.
SEC. 110.3. Section 830.35 of the Penal Code is amended to read:
830.35. The following persons are peace officers whose authority
extends to any place in the state for the purpose of performing their
primary duty or when making an arrest pursuant to Section 836 as to
any public offense with respect to which there is immediate danger to
person or property, or of the escape of the perpetrator of that
offense, or pursuant to Section 8597 or 8598 of the Government Code.
Those peace officers may carry firearms only if authorized and under
terms and conditions specified by their employing agency.
(a) A welfare fraud investigator or inspector, regularly employed
and paid in that capacity by a county, if the primary duty of the
peace officer is the enforcement of the provisions of the Welfare and
Institutions Code.
(b) A child support investigator or inspector, regularly employed
and paid in that capacity by a district attorney's office, if the
primary duty of the peace officer is the enforcement of the
provisions of the Family Code and Section 270.
(c) The coroner and deputy coroners, regularly employed and paid
in that capacity, of a county, if the primary duty of the peace
officer are those duties set forth in Sections 27469 and 27491 to
27491.4, inclusive, of the Government Code.
SEC. 111. Section 11105 of the Penal Code is amended to read:
11105. (a) (1) The Department of Justice shall maintain state
summary criminal history information.
(2) As used in this section:
(A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
(b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and of Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) Probation officers of the state.
(6) Parole officers of the state.
(7) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(8) A public defender or attorney of record when representing a
person in a criminal case and if authorized access by statutory or
decisional law.
(9) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
that specified criminal conduct.
(10) Any city or county, or city and county, or district, or any
officer, or official thereof if access is needed in order to assist
that agency, officer, or official in fulfilling employment,
certification, or licensing duties, and if the access is specifically
authorized by the city council, board of supervisors, or governing
board of the city, county, or district if the criminal history
information is required to implement a statute, ordinance, or
regulation that expressly refers to specific criminal conduct
applicable to the subject person of the state summary criminal
history information, and contains requirements or exclusions, or
both, expressly based upon that specified criminal conduct.
(11) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120) of Chapter 1 of Title 1 of Part 4.
(12) Any person or entity when access is expressly authorized by
statute if the criminal history information is required to implement
a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal
conduct.
(13) Health officers of a city, county, or city and county, or
district, when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
(14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(15) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section 14502
of the Corporations Code for the appointment of level 1 humane
officers.
(16) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parent's having failed to provide support for
minor children, consistent with the requirements of Section 17531 of
the Family Code.
(c) The Attorney General may furnish state summary criminal
history information upon a showing of a compelling need to any of the
following, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and of Section
432.7 of the Labor Code shall apply:
(1) Any public utility as defined in Section 216 of the Public
Utilities Code that operates a nuclear energy facility when access is
needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom the
data relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To a peace officer of another country.
(4) To public officers (other than peace officers) of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States if the information is needed for the performance of
their official duties.
(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(6) The courts of the United States, other states, or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or
territories or possessions of the United States.
(8) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
(9) Any public utility as defined in Section 216 of the Public
Utilities Code, if access is needed in order to assist in employing
current or prospective employees who in the course of their
employment may be seeking entrance to private residences. The
information provided shall be limited to the record of convictions
and any arrest for which the person is released on bail or on his or
her own recognizance pending trial.
If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data to
the current or prospective employee to whom the data relates.
Any information obtained from the state summary criminal history
is confidential and the receiving public utility shall not disclose
its contents, other than for the purpose for which it was acquired.
The state summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed not
more than 30 days after employment or promotion or transfer is
denied or granted, except for those cases where a current or
prospective employee is out on bail or on his or her own recognizance
pending trial, in which case the state summary criminal history
information and all copies shall be destroyed not more than 30 days
after the case is resolved.
A violation of this paragraph is a misdemeanor, and shall give the
current or prospective employee who is injured by the violation a
cause of action against the public utility to recover damages
proximately caused by the violations. Any public utility's request
for state summary criminal history information for purposes of
employing current or prospective employees who may be seeking
entrance to private residences in the course of their employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
Nothing in this section shall be construed as imposing any duty
upon public utilities to request state summary criminal history
information on any current or prospective employees.
(10) To any campus of the California State University or the
University of California, or any four-year college or university
accredited by a regional accreditation organization approved by the
United States Department of Education, if needed in conjunction with
an application for admission by a convicted felon to any special
education program for convicted felons, including, but not limited
to, university alternatives and halfway houses. Only conviction
information shall be furnished. The college or university may
require the convicted felon to be fingerprinted, and any inquiry to
the department under this section shall include the convicted felon's
fingerprints and any other information specified by the department.
(d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped "no criminal record" and returned to the person or entity
making the request.
(e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department of
Justice may charge the person or entity making the request a fee that
it determines to be sufficient to reimburse the department for the
cost of furnishing the information. In addition, the Department of
Justice may add a surcharge to the fee to fund maintenance and
improvements to the systems from which the information is obtained.
Notwithstanding any other law, any person or entity required to pay a
fee to the department for information received under this section
may charge the applicant a fee sufficient to reimburse the person or
entity for this expense. All moneys received by the department
pursuant to this section, Sections 11105.3 and 12054 of the Penal
Code, and Section 13588 of the Education Code shall be deposited in a
special account in the General Fund to be available for expenditure
by the department to offset costs incurred pursuant to those sections
and for maintenance and improvements to the systems from which the
information is obtained upon appropriation by the Legislature.
(f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits submitted
pursuant to Section 7514 of the Business and Professions Code shall
take priority over the processing of applicant fingerprints.
(g) It is not a violation of this section to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(i) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
(j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 arising out of a complaint
charging a felony offense specified in Section 290.
SEC. 111.1. Section 11105 of the Penal Code is amended to read:
11105. (a) (1) The Department
of Justice shall maintain state summary criminal history information.
(2) As used in this section:
(A) "State summary criminal history information" means the master
record of information compiled by the Attorney General pertaining to
the identification and criminal history of any person, such as name,
date of birth, physical description, fingerprints, photographs, date
of arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(B) "State summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
the Attorney General, nor does it refer to records of complaints to
or investigations conducted by, or records of intelligence
information or security procedures of, the office of the Attorney
General and the Department of Justice.
(b) The Attorney General shall furnish state summary criminal
history information to any of the following, if needed in the course
of their duties, provided that when information is furnished to
assist an agency, officer, or official of state or local government,
a public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and of Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state as defined in Section 830.1,
subdivisions (a) and (e) of Section 830.2, subdivision (a) of Section
830.3, subdivisions (a) and (b) of Section 830.5, and subdivision
(a) of Section 830.31.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) Probation officers of the state.
(6) Parole officers of the state.
(7) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(8) A public defender or attorney of record when representing a
person in a criminal case and if authorized access by statutory or
decisional law.
(9) Any agency, officer, or official of the state if the criminal
history information is required to implement a statute or regulation
that expressly refers to specific criminal conduct applicable to the
subject person of the state summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
that specified criminal conduct.
(10) Any city or county, or city and county, or district, or any
officer, or official thereof if access is needed in order to assist
that agency, officer, or official in fulfilling employment,
certification, or licensing duties, and if the access is specifically
authorized by the city council, board of supervisors, or governing
board of the city, county, or district if the criminal history
information is required to implement a statute, ordinance, or
regulation that expressly refers to specific criminal conduct
applicable to the subject person of the state summary criminal
history information, and contains requirements or exclusions, or
both, expressly based upon that specified criminal conduct.
(11) The subject of the state summary criminal history information
under procedures established under Article 5 (commencing with
Section 11120) of Chapter 1 of Title 1 of Part 4.
(12) Any person or entity when access is expressly authorized by
statute if the criminal history information is required to implement
a statute or regulation that expressly refers to specific criminal
conduct applicable to the subject person of the state summary
criminal history information, and contains requirements or
exclusions, or both, expressly based upon that specified criminal
conduct.
(13) Health officers of a city, county, or city and county, or
district, when in the performance of their official duties enforcing
Section 120175 of the Health and Safety Code.
(14) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(15) Any humane society, or society for the prevention of cruelty
to animals, for the specific purpose of complying with Section 14502
of the Corporations Code for the appointment of level 1 humane
officers.
(16) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parent's having failed to provide support for
minor children, consistent with the requirements of Section 17531 of
the Family Code.
(17) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal history information pursuant to Section 272 of the Welfare
and Institutions Code for the purposes specified in Section 16504.5
of the Welfare and Institutions Code. Information from criminal
history records provided pursuant to this subdivision shall not be
used for any purposes other than those specified in this section and
Section 16504.5 of the Welfare and Institutions Code. When an agency
obtains records obtained both on the basis of name checks and
fingerprint checks, final placement decisions shall be based only on
the records obtained pursuant to the fingerprint check.
(c) The Attorney General may furnish state summary criminal
history information upon a showing of a compelling need to any of the
following, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and of Section
432.7 of the Labor Code shall apply:
(1) Any public utility as defined in Section 216 of the Public
Utilities Code that operates a nuclear energy facility when access is
needed in order to assist in employing persons to work at the
facility, provided that, if the Attorney General supplies the data,
he or she shall furnish a copy of the data to the person to whom the
data relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To a peace officer of another country.
(4) To public officers (other than peace officers) of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to state summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States if the information is needed for the performance of
their official duties.
(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the state
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(6) The courts of the United States, other states, or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or
territories or possessions of the United States.
(8) To any individual who is the subject of the record requested
if needed in conjunction with an application to enter the United
States or any foreign nation.
(9) Any public utility as defined in Section 216 of the Public
Utilities Code, if access is needed in order to assist in employing
current or prospective employees who in the course of their
employment may be seeking entrance to private residences. The
information provided shall be limited to the record of convictions
and any arrest for which the person is released on bail or on his or
her own recognizance pending trial.
If the Attorney General supplies the data pursuant to this
paragraph, the Attorney General shall furnish a copy of the data to
the current or prospective employee to whom the data relates.
Any information obtained from the state summary criminal history
is confidential and the receiving public utility shall not disclose
its contents, other than for the purpose for which it was acquired.
The state summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed not
more than 30 days after employment or promotion or transfer is
denied or granted, except for those cases where a current or
prospective employee is out on bail or on his or her own recognizance
pending trial, in which case the state summary criminal history
information and all copies shall be destroyed not more than 30 days
after the case is resolved.
A violation of this paragraph is a misdemeanor, and shall give the
current or prospective employee who is injured by the violation a
cause of action against the public utility to recover damages
proximately caused by the violations. Any public utility's request
for state summary criminal history information for purposes of
employing current or prospective employees who may be seeking
entrance to private residences in the course of their employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
Nothing in this section shall be construed as imposing any duty
upon public utilities to request state summary criminal history
information on any current or prospective employees.
(10) To any campus of the California State University or the
University of California, or any four-year college or university
accredited by a regional accreditation organization approved by the
United States Department of Education, if needed in conjunction with
an application for admission by a convicted felon to any special
education program for convicted felons, including, but not limited
to, university alternatives and halfway houses. Only conviction
information shall be furnished. The college or university may
require the convicted felon to be fingerprinted, and any inquiry to
the department under this section shall include the convicted felon's
fingerprints and any other information specified by the department.
(d) Whenever an authorized request for state summary criminal
history information pertains to a person whose fingerprints are on
file with the Department of Justice and the department has no
criminal history of that person, and the information is to be used
for employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be
stamped "no criminal record" and returned to the person or entity
making the request.
(e) Whenever state summary criminal history information is
furnished as the result of an application and is to be used for
employment, licensing, or certification purposes, the Department of
Justice may charge the person or entity making the request a fee that
it determines to be sufficient to reimburse the department for the
cost of furnishing the information. In addition, the Department of
Justice may add a surcharge to the fee to fund maintenance and
improvements to the systems from which the information is obtained.
Notwithstanding any other law, any person or entity required to pay a
fee to the department for information received under this section
may charge the applicant a fee sufficient to reimburse the person or
entity for this expense. All moneys received by the department
pursuant to this section, Sections 11105.3 and 12054 of the Penal
Code, and Section 13588 of the Education Code shall be deposited in a
special account in the General Fund to be available for expenditure
by the department to offset costs incurred pursuant to those sections
and for maintenance and improvements to the systems from which the
information is obtained upon appropriation by the Legislature.
(f) Whenever there is a conflict, the processing of criminal
fingerprints and fingerprints of applicants for security guard or
alarm agent registrations or firearms qualification permits submitted
pursuant to Section 7514 of the Business and Professions Code shall
take priority over the processing of applicant fingerprints.
(g) It is not a violation of this section to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(h) It is not a violation of this section to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record if the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(i) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information checks that are authorized by law.
(j) The state summary criminal history information shall include
any finding of mental incompetence pursuant to Chapter 6 (commencing
with Section 1367) of Title 10 of Part 2 arising out of a complaint
charging a felony offense specified in Section 290.
SEC. 111.3. Section 13300 of the Penal Code is amended to read:
13300. (a) As used in this section:
(1) "Local summary criminal history information" means the master
record of information compiled by any local criminal justice agency
pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of
Part 4 pertaining to the identification and criminal history of any
person, such as name, date of birth, physical description, dates of
arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(2) "Local summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
that local agency, nor does it refer to records of complaints to or
investigations conducted by, or records of intelligence information
or security procedures of, the local agency.
(3) "Local agency" means a local criminal justice agency.
(b) A local agency shall furnish local summary criminal history
information to any of the following, when needed in the course of
their duties, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a
public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and
(j) of Section 830.3, and subdivisions (a), (b), and (c) of Section
830.5.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) Probation officers of the state.
(6) Parole officers of the state.
(7) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(8) A public defender or attorney of record when representing a
person in a criminal case and when authorized access by statutory or
decisional law.
(9) Any agency, officer, or official of the state when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(10) Any city, county, city and county, or district, or any
officer or official thereof, when access is needed in order to assist
the agency, officer, or official in fulfilling employment,
certification, or licensing duties, and when the access is
specifically authorized by the city council, board of supervisors, or
governing board of the city, county, or district when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(11) The subject of the local summary criminal history
information.
(12) Any person or entity when access is expressly authorized by
statute when the local summary criminal history information is
required to implement a statute, regulation, or ordinance that
expressly refers to specific criminal conduct applicable to the
subject person of the local summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
the specified criminal conduct.
(13) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(14) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parents having failed to provide support for
the minor children, consistent with Section 17531 of the Family Code.
(c) The local agency may furnish local summary criminal history
information, upon a showing of a compelling need, to any of the
following, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To a peace officer of another country.
(4) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to local summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States when this information is needed for the performance of
their official duties.
(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the local
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(6) The courts of the United States, other states, or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or
territories or possessions of the United States.
(8) To any individual who is the subject of the record requested
when needed in conjunction with an application to enter the United
States or any foreign nation.
(9) Any public utility, as defined in Section 216 of the Public
Utilities Code, when access is needed to assist in employing persons
who will be seeking entrance to private residences in the course of
their employment. The information provided shall be limited to the
record of convictions and any arrest for which the person is released
on bail or on his or her own recognizance pending trial.
If the local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.
Any information obtained from the local summary criminal history
is confidential and the receiving public utility shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed 30
days after employment is denied or granted, including any appeal
periods, except for those cases where an employee or applicant is out
on bail or on his or her own recognizance pending trial, in which
case the state summary criminal history information and all copies
shall be destroyed 30 days after the case is resolved, including any
appeal periods.
A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is injured
by the violation a cause of action against the public utility to
recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty
upon public utilities to request local summary criminal history
information on any current or prospective employee.
Seeking entrance to private residences in the course of employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
(10) Any city, county, city and county, or district, or any
officer or official thereof, if a written request is made to a local
law enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the purposes of consenting to,
or approving of, the prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest.
Any local government's request for local summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this subdivision. However, only local summary
criminal history information pertaining to criminal convictions may
be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history
is confidential and the receiving local government shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the local government and all copies made from it shall be destroyed
not more than 30 days after the local government's final decision to
grant or deny consent to, or approval of, the prospective
concessionaire's application for, or acquisition of, a beneficial
interest in a concession, lease, or other property interest. Nothing
in this section shall be construed as imposing any duty upon a local
government, or any officer or official thereof, to request local
summary criminal history information on any current or prospective
concessionaire or their affiliates or associates.
(d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency has no criminal
history of that person, and the information is to be used for
employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be stamped
"no criminal record" and returned to the person or entity making the
request.
(e) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge a
fee not to exceed ten dollars ($10) to cover the cost of taking the
fingerprints and processing the required documents.
(f) Whenever local summary criminal history information furnished
pursuant to this section is to be used for employment, licensing, or
certification purposes, the local agency shall charge the person or
entity making the request a fee which it determines to be sufficient
to reimburse the local agency for the cost of furnishing the
information, provided that no fee shall be charged to any public law
enforcement agency for local summary criminal history information
furnished to assist it in employing, licensing, or certifying a
person who is applying for employment with the agency as a peace
officer or criminal investigator. Any state agency required to pay a
fee to the local agency for information received under this section
may charge the applicant a fee sufficient to reimburse the agency for
the expense.
(g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.
(h) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(i) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(j) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information record checks which are authorized by law.
(k) Any local criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention of
a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program or a
deferred entry of judgment program, to a government agency employer
of that peace officer or applicant.
(l) Any local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program
or a deferred entry of judgment program to a government agency
employer of that peace officer or applicant.
(m) Notwithstanding subdivision (k) or (l), a local criminal
justice agency shall not release information under the following
circumstances:
(1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.
(2) Information concerning an arrest or detention followed by a
dismissal or release without attempting to determine whether the
individual was exonerated.
(3) Information concerning an arrest without a disposition without
attempting to determine whether diversion has been successfully
completed or the individual was exonerated.
SEC. 111.5. Section 13300 of the Penal Code is amended to read:
13300. (a) As used in this section:
(1) "Local summary criminal history information" means the master
record of information compiled by any local criminal justice agency
pursuant to Chapter 2 (commencing with Section 13100) of Title 3 of
Part 4 pertaining to the identification and criminal history of any
person, such as name, date of birth, physical description, dates of
arrests, arresting agencies and booking numbers, charges,
dispositions, and similar data about the person.
(2) "Local summary criminal history information" does not refer to
records and data compiled by criminal justice agencies other than
that local agency, nor does it refer to records of complaints to or
investigations conducted by, or records of intelligence information
or security procedures of, the local agency.
(3) "Local agency" means a local criminal justice agency.
(b) A local agency shall furnish local summary criminal history
information to any of the following, when needed in the course of
their duties, provided that when information is furnished to assist
an agency, officer, or official of state or local government, a
public utility, or any entity, in fulfilling employment,
certification, or licensing duties, Chapter 1321 of the Statutes of
1974 and Section 432.7 of the Labor Code shall apply:
(1) The courts of the state.
(2) Peace officers of the state, as defined in Section 830.1,
subdivisions (a) and (d) of Section 830.2, subdivisions (a), (b), and
(j) of Section 830.3, and subdivisions (a), (b), and (c) of Section
830.5.
(3) District attorneys of the state.
(4) Prosecuting city attorneys of any city within the state.
(5) Probation officers of the state.
(6) Parole officers of the state.
(7) A public defender or attorney of record when representing a
person in proceedings upon a petition for a certificate of
rehabilitation and pardon pursuant to Section 4852.08.
(8) A public defender or attorney of record when representing a
person in a criminal case and when authorized access by statutory or
decisional law.
(9) Any agency, officer, or official of the state when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(10) Any city, county, city and county, or district, or any
officer or official thereof, when access is needed in order to assist
the agency, officer, or official in fulfilling employment,
certification, or licensing duties, and when the access is
specifically authorized by the city council, board of supervisors, or
governing board of the city, county, or district when the local
summary criminal history information is required to implement a
statute, regulation, or ordinance that expressly refers to specific
criminal conduct applicable to the subject person of the local
summary criminal history information, and contains requirements or
exclusions, or both, expressly based upon the specified criminal
conduct.
(11) The subject of the local summary criminal history
information.
(12) Any person or entity when access is expressly authorized by
statute when the local summary criminal history information is
required to implement a statute, regulation, or ordinance that
expressly refers to specific criminal conduct applicable to the
subject person of the local summary criminal history information, and
contains requirements or exclusions, or both, expressly based upon
the specified criminal conduct.
(13) Any managing or supervising correctional officer of a county
jail or other county correctional facility.
(14) Local child support agencies established by Section 17304 of
the Family Code. When a local child support agency closes a support
enforcement case containing summary criminal history information, the
agency shall delete or purge from the file and destroy any documents
or information concerning or arising from offenses for or of which
the parent has been arrested, charged, or convicted, other than for
offenses related to the parents having failed to provide support for
the minor children, consistent with Section 17531 of the Family Code.
(15) County child welfare agency personnel who have been delegated
the authority of county probation officers to access state summary
criminal information pursuant to Section 272 of the Welfare and
Institutions Code for the purposes specified in Section 16504.5 of
the Welfare and Institutions Code.
(c) The local agency may furnish local summary criminal history
information, upon a showing of a compelling need, to any of the
following, provided that when information is furnished to assist an
agency, officer, or official of state or local government, a public
utility, or any entity, in fulfilling employment, certification, or
licensing duties, Chapter 1321 of the Statutes of 1974 and Section
432.7 of the Labor Code shall apply:
(1) Any public utility, as defined in Section 216 of the Public
Utilities Code, which operates a nuclear energy facility when access
is needed to assist in employing persons to work at the facility,
provided that, if the local agency supplies the information, it shall
furnish a copy of this information to the person to whom the
information relates.
(2) To a peace officer of the state other than those included in
subdivision (b).
(3) To a peace officer of another country.
(4) To public officers, other than peace officers, of the United
States, other states, or possessions or territories of the United
States, provided that access to records similar to local summary
criminal history information is expressly authorized by a statute of
the United States, other states, or possessions or territories of the
United States when this information is needed for the performance of
their official duties.
(5) To any person when disclosure is requested by a probation,
parole, or peace officer with the consent of the subject of the local
summary criminal history information and for purposes of furthering
the rehabilitation of the subject.
(6) The courts of the United States, other states, or territories
or possessions of the United States.
(7) Peace officers of the United States, other states, or
territories or possessions of the United States.
(8) To any individual who is the subject of the record requested
when needed in conjunction with an application to enter the United
States or any foreign nation.
(9) Any public utility, as defined in Section 216 of the Public
Utilities Code, when access is needed to assist in employing persons
who will be seeking entrance to private residences in the course of
their employment. The information provided shall be limited to the
record of convictions and any arrest for which the person is released
on bail or on his or her own recognizance pending trial.
If the local agency supplies the information pursuant to this
paragraph, it shall furnish a copy of the information to the person
to whom the information relates.
Any information obtained from the local summary criminal history
is confidential and the receiving public utility shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the public utility and all copies made from it shall be destroyed 30
days after employment is denied or granted, including any appeal
periods, except for those cases where an employee or applicant is out
on bail or on his or her own recognizance pending trial, in which
case the state summary criminal history information and all copies
shall be destroyed 30 days after the case is resolved, including any
appeal periods.
A violation of any of the provisions of this paragraph is a
misdemeanor, and shall give the employee or applicant who is injured
by the violation a cause of action against the public utility to
recover damages proximately caused by the violation.
Nothing in this section shall be construed as imposing any duty
upon public utilities to request local summary criminal history
information on any current or prospective employee.
Seeking entrance to private residences in the course of employment
shall be deemed a "compelling need" as required to be shown in this
subdivision.
(10) Any city, county, city and county, or district, or any
officer or official thereof, if a written request is made to a local
law enforcement agency and the information is needed to assist in the
screening of a prospective concessionaire, and any affiliate or
associate thereof, as these terms are defined in subdivision (k) of
Section 432.7 of the Labor Code, for the purposes of consenting to,
or approving of, the prospective concessionaire's application for, or
acquisition of, any beneficial interest in a concession, lease, or
other property interest.
Any local government's request for local summary criminal history
information for purposes of screening a prospective concessionaire
and their affiliates or associates before approving or denying an
application for, or acquisition of, any beneficial interest in a
concession, lease, or other property interest is deemed a "compelling
need" as required by this subdivision. However, only local summary
criminal history information pertaining to criminal convictions may
be obtained pursuant to this paragraph.
Any information obtained from the local summary criminal history
is confidential and the receiving local government shall not disclose
its contents, other than for the purpose for which it was acquired.
The local summary criminal history information in the possession of
the local government and all copies made from it shall be destroyed
not more than 30 days after the local government's final decision to
grant or deny consent to, or approval of, the prospective
concessionaire's application for, or acquisition of, a beneficial
interest in a concession, lease, or other property interest. Nothing
in this section shall be construed as imposing any duty upon a local
government, or any officer or official thereof, to request local
summary criminal history information on any current or prospective
concessionaire or their affiliates or associates.
(d) Whenever an authorized request for local summary criminal
history information pertains to a person whose fingerprints are on
file with the local agency and the local agency has no criminal
history of that person, and the information is to be used for
employment, licensing, or certification purposes, the fingerprint
card accompanying the request for information, if any, may be stamped
"no criminal record" and returned to the person or entity making the
request.
(e) A local agency taking fingerprints of a person who is an
applicant for licensing, employment, or certification may charge a
fee not to exceed ten dollars ($10) to cover the cost of taking the
fingerprints and processing the required documents.
(f) Whenever local summary criminal history information furnished
pursuant to this section is to be used for employment, licensing, or
certification purposes, the local agency shall charge the person or
entity making the request a fee which it determines to be sufficient
to reimburse the local agency for the cost of furnishing the
information, provided that no fee shall be charged to any public law
enforcement agency for local summary criminal history information
furnished to assist it in employing, licensing, or certifying a
person who is applying for employment with the agency as a peace
officer or criminal investigator. Any state agency required to pay a
fee to the local agency for information received under this section
may charge the applicant a fee sufficient to reimburse the agency for
the expense.
(g) Whenever there is a conflict, the processing of criminal
fingerprints shall take priority over the processing of applicant
fingerprints.
(h) It is not a violation of this article to disseminate
statistical or research information obtained from a record, provided
that the identity of the subject of the record is not disclosed.
(i) It is not a violation of this article to include information
obtained from a record in (1) a transcript or record of a judicial or
administrative proceeding or (2) any other public record when the
inclusion of the information in the public record is authorized by a
court, statute, or decisional law.
(j) Notwithstanding any other law, the Department of Justice or
any state or local law enforcement agency may require the submission
of fingerprints for the purpose of conducting summary criminal
history information record checks which are authorized by law.
(k) Any local criminal justice agency may release, within five
years of the arrest, information concerning an arrest or detention of
a peace officer or applicant for a position as a peace officer, as
defined in Section 830, which did not result in conviction, and for
which the person did not complete a postarrest diversion program or a
deferred entry of judgment program, to a government agency employer
of that peace officer or applicant.
(l) Any local criminal justice agency may release information
concerning an arrest of a peace officer or applicant for a position
as a peace officer, as defined in Section 830, which did not result
in conviction but for which the person completed a postarrest
diversion program or a deferred entry of judgment program, or
information concerning a referral to and participation in any
postarrest diversion program or a deferred entry of judgment program
to a government agency employer of that peace officer or applicant.
(m) Notwithstanding subdivision (k) or (l), a local criminal
justice agency shall not release information under the following
circumstances:
(1) Information concerning an arrest for which diversion or a
deferred entry of judgment program has been ordered without
attempting to determine whether diversion or a deferred entry of
judgment program has been successfully completed.
(2) Information concerning an arrest or detention followed by a
dismissal or release without attempting to determine whether the
individual was exonerated.
(3) Information concerning an arrest without a disposition without
attempting to determine whether diversion has been successfully
completed or the individual was exonerated.
SEC. 112. Section 19271.6 of the Revenue and Taxation Code, as
amended and renumbered by Chapter 322 of the Statutes of 1998, is
amended to read:
19271.6. (a) The Franchise Tax Board, through a cooperative
agreement with the Department of Child Support Services, and in
coordination with financial institutions doing business in this
state, shall operate a Financial Institution Match System utilizing
automated data exchanges to the maximum extent feasible. The
Financial Institution Match System shall be implemented pursuant to
guidelines prescribed by the Department of Child Support Services and
the Franchise Tax Board. These guidelines shall include a structure
by which financial institutions, or their designated data processing
agents, shall receive from the Franchise Tax Board the entire list
of past-due support obligors, which the institution shall match with
its own list of accountholders to identify past-due support obligor
accountholders at the institution. To the extent allowed by the
federal Personal Responsibility and Work Opportunity Reconciliation
Act of 1996, the guidelines shall include an option by which
financial institutions without the technical ability to process the
data exchange, or without the ability to employ a third-party data
processor to process the data exchange, may forward to the Franchise
Tax Board a list of all accountholders and their social security
numbers, so that the Franchise Tax Board shall match that list with
the entire list of past-due support obligors.
(b) The Financial Institution Match System shall not be subject to
any limitation set forth in Chapter 20 (commencing with Section
7460) of Division 7 of Title 1 of the Government Code. However, any
use of the information provided pursuant to this section for any
purpose other than the enforcement and collection of a child support
delinquency, as set forth in Section 19271, shall be a violation of
Section 19542.
(c) Each county shall compile a file of support obligors with
judgments and orders that are being enforced by local child support
agencies pursuant to Section 17400 of the Family Code, and who are
past due in the payment of their support obligations. The file shall
be compiled, updated, and forwarded to the Franchise Tax Board, in
accordance with the guidelines prescribed by the Department of Child
Support Services and the Franchise Tax Board.
(d) To effectuate the Financial Institution Match System,
financial institutions subject to this section shall do all of the
following:
(1) Provide to the Franchise Tax Board on a quarterly basis the
name, record address and other addresses, social security number or
other taxpayer identification number, and other identifying
information for each noncustodial parent who maintains an account at
the institution and who owes past-due support, as identified by the
Franchise Tax Board by name and social security number or other
taxpayer identification number.
(2) In response to a notice or order to withhold issued by the
Franchise Tax Board, withhold from any accounts of the obligor the
amount of any past-due support stated on the notice or order and
transmit the amount to the Franchise Tax Board in accordance with
Section 18670 or 18670.5.
(e) Unless otherwise required by applicable law, a financial
institution furnishing a report or providing information to the
Franchise Tax Board pursuant to this section shall not disclose to a
depositor or an accountholder, or a codepositor or coaccountholder,
that the name, address, social security number, or other taxpayer
identification number or other identifying information of that person
has been received from or furnished to the Franchise Tax Board.
(f) A financial institution shall incur no obligation or liability
to any person arising from any of the following:
(1) Furnishing information to the Franchise Tax Board as required
by this section.
(2) Failing to disclose to a depositor or accountholder that the
name, address, social security number, or other taxpayer
identification number or other identifying information of that person
was included in the data exchange with the Franchise Tax Board
required by this section.
(3) Withholding or transmitting any assets in response to a notice
or order to withhold issued by the Franchise Tax Board as a result
of the data exchange. This paragraph shall not preclude any
liability that may result if the financial institution does not
comply with subdivision (b) of Section 18674.
(4) Any other action taken in good faith to comply with the
requirements of this section.
(g) Information required to be submitted to the Franchise Tax
Board pursuant to this section shall only be used by the Franchise
Tax Board to collect past-due support pursuant to Section 19271. If
the Franchise Tax Board has issued an earnings withholding order and
the condition described in subparagraph (C) of paragraph (1) of
subdivision (i) exists with respect to the obligor, the Franchise Tax
Board shall not use the information it receives under this section
to collect the past-due support from that obligor. The Franchise Tax
Board shall forward to the counties, in accordance with guidelines
prescribed by the Department of Child Support Services and the
Franchise Tax Board, information obtained from the financial
institutions pursuant to this section. No county shall use this
information for directly levying on any account. Each county shall
keep the information confidential as provided by Section 17212 of the
Family Code.
(h) For those noncustodial parents owing past-due support for
which there is a match under paragraph (1) of subdivision (d), the
past-due support at the time of the match shall be a delinquency
under this article for the purposes of the Franchise Tax Board taking
any collection action pursuant to Section 18670 or 18670.5.
(i) (1) Each county shall notify the Franchise Tax Board upon the
occurrence of the circumstances described in the following
subparagraphs with respect to an obligor of past-due support:
(A) All of the following apply:
(i) A court has ordered an obligor to make scheduled payments on a
child support arrearages obligation.
(ii) The obligor is in compliance with that order.
(B) An earnings assignment order or a notice of assignment that
includes an amount for past-due support has been served on the
obligated parent's employer and earnings are being withheld pursuant
to the earnings assignment order or a notice of assignment.
(C) At least 50 percent of the obligated parent's earnings are
being withheld for support.
(D) The obligor is less than 90 days delinquent in the payment of
any amount of support. For purposes of this subparagraph, any
delinquency existing at the time a case is received by a local child
support agency shall not be considered until 90 days have passed.
(E) A child support delinquency need not be referred to the
Franchise Tax Board for collection if a jurisdiction outside this
state is enforcing the support order.
(2) Upon notification, the Franchise Tax Board shall not use the
information it receives under this section to collect any past-due
support from that obligor.
(j) Notwithstanding subdivision (i), the Franchise Tax Board may
use the information it receives under this section to collect any
past-due support at any time if a county requests action be taken.
(k) The Franchise Tax Board may not use the information it
receives under this section to collect any past-due support if a
county has applied for and received an exemption from the Department
of Child Support Services as provided by subdivision (k) of Section
19271, unless that county specifically requests collection against
that obligor. The Franchise Tax Board may not use the information it
receives under this section to collect any past-due support if a
county requests that action not be taken.
(l) For purposes of this section:
(1) "Account" means any demand deposit account, share or share
draft account, checking or negotiable withdrawal order account,
savings account, time deposit account, or a money market mutual fund
account, whether or not the account bears interest.
(2) "Financial institution" has the same meaning as defined in
Section 669A(d)(1) of Title 42 of the United States Code.
(3) "Past-due support" means any child support obligation that is
unpaid on the due date for payment.
(m) Out of any money received from the federal government for the
purpose of reimbursing financial institutions for their actual and
reasonable costs incurred in complying with this section, the state
shall reimburse those institutions. To the extent that money is not
provided by the federal government for that purpose, the state shall
not reimburse financial institutions for their costs in complying
with this section.
(n) By March 1, 1998, the Franchise Tax Board and the Department
of Child Support Services, in consultation with counties and
financial institutions, shall jointly propose an implementation plan
for inclusion in the annual Budget Act, or in other legislation that
would fund this program. The implementation plan shall take into
account the program's financial benefits, including the costs of all
participating private and public agencies. It is the intent of the
Legislature that this program shall result in a net savings to the
state and the counties.
SEC. 112.5. Section 19271.6 of the Revenue and Taxation Code, as
amended by Chapter 980 of the Statutes of 1999, is amended to read:
19271.6. (a) The Franchise Tax Board, through a cooperative
agreement with the Department of Child Support Services, and in
coordination with financial institutions doing business in this
state, shall operate a Financial Institution Match System utilizing
automated data exchanges to the maximum extent feasible. The
Financial Institution Match System shall be implemented pursuant to
guidelines prescribed by the Department of Child Support Services and
the Franchise Tax Board. These guidelines shall include a structure
by which financial institutions, or their designated data processing
agents, shall receive from the Franchise Tax Board the file or files
of past-due support obligors compiled in accordance with subdivision
(c), that the institution shall match with its own list of
accountholders to identify past-due support obligor accountholders at
the institution. To the extent allowed by the federal Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, the
guidelines shall include an option by which financial institutions
without the technical ability to process the data exchange, or
without the ability to employ a third-party data processor to process
the data exchange, may forward to the Franchise Tax Board a list of
all accountholders and their social security numbers, so that the
Franchise Tax Board shall match that list with the file or files of
past-due support obligors compiled in accordance with subdivision
(c).
(b) The Financial Institution Match System shall not be subject to
any limitation set forth in Chapter 20 (commencing with Section
7460) of Division 7 of Title 1 of the Government Code. However, any
use of the information provided pursuant to this section for any
purpose other than the enforcement and
collection of a child support delinquency, as set
forth in Section 19271, shall be a violation of Section 19542.
(c) (1) Each county shall compile a file of support obligors with
judgments and orders that are being enforced by local child support
agencies pursuant to Section 17400 of the Family Code, and who are
past due in the payment of their support obligations. The file shall
be compiled, updated, and forwarded to the Franchise Tax Board, in
accordance with the guidelines prescribed by the Department of Child
Support Services and the Franchise Tax Board.
(2) The Department of Child Support Services, shall compile a file
of obligors with support arrearages from requests made by other
states for administrative enforcement in interstate cases, in
accordance with federal requirements (42 U.S.C. Sec. 666(a)(14)).
This file shall be compiled and forwarded to the Franchise Tax Board
in accordance with the guidelines prescribed by the Department of
Child Support Services and the Franchise Tax Board. The file shall
include, to the extent possible, the obligor's address.
(d) To effectuate the Financial Institution Match System,
financial institutions subject to this section shall do all of the
following:
(1) Provide to the Franchise Tax Board on a quarterly basis the
name, record address and other addresses, social security number or
other taxpayer identification number, and other identifying
information for each noncustodial parent who maintains an account at
the institution and who owes past-due support, as identified by the
Franchise Tax Board by name and social security number or other
taxpayer identification number.
(2) In response to a notice or order to withhold issued by the
Franchise Tax Board, withhold from any accounts of the obligor the
amount of any past-due support stated on the notice or order and
transmit the amount to the Franchise Tax Board in accordance with
Section 18670 or 18670.5.
(e) Unless otherwise required by applicable law, a financial
institution furnishing a report or providing information to the
Franchise Tax Board pursuant to this section shall not disclose to a
depositor or an accountholder, or a codepositor or coaccountholder,
that the name, address, social security number, or other taxpayer
identification number or other identifying information of that person
has been received from or furnished to the Franchise Tax Board.
(f) A financial institution shall incur no obligation or liability
to any person arising from any of the following:
(1) Furnishing information to the Franchise Tax Board as required
by this section.
(2) Failing to disclose to a depositor or accountholder that the
name, address, social security number, or other taxpayer
identification number or other identifying information of that person
was included in the data exchange with the Franchise Tax Board
required by this section.
(3) Withholding or transmitting any assets in response to a notice
or order to withhold issued by the Franchise Tax Board as a result
of the data exchange. This paragraph shall not preclude any
liability that may result if the financial institution does not
comply with subdivision (b) of Section 18674.
(4) Any other action taken in good faith to comply with the
requirements of this section.
(g) Information required to be submitted to the Franchise Tax
Board pursuant to this section shall only be used by the Franchise
Tax Board to collect past-due support pursuant to Section 19271. If
the Franchise Tax Board has issued an earnings withholding order and
the condition described in subparagraph (C) of paragraph (1) of
subdivision (i) exists with respect to the obligor, the Franchise Tax
Board shall not use the information it receives under this section
to collect the past-due support from that obligor.
(1) With respect to files compiled under paragraph (1) of
subdivision (c), the Franchise Tax Board shall forward to the
counties, in accordance with guidelines prescribed by the Department
of Child Support Services and the Franchise Tax Board, information
obtained from the financial institutions pursuant to this section.
No county shall use this information for directly levying on any
account. Each county shall keep the information confidential as
provided by Section 17212 of the Family Code.
(2) With respect to files compiled under paragraph (2) of
subdivision (c), the amount collected by the Franchise Tax Board
shall be deposited and distributed to the referring state in
accordance with Section 19272.
(h) For those noncustodial parents owing past-due support for
which there is a match under paragraph (1) of subdivision (d), the
amount past due as indicated on the file or files compiled pursuant
to subdivision (c) at the time of the match shall be a delinquency
under this article for the purposes of the Franchise Tax Board taking
any collection action pursuant to Section 18670 or 18670.5.
(i) (1) Each county shall notify the Franchise Tax Board upon the
occurrence of the circumstances described in the following
subparagraphs with respect to an obligor of past-due support:
(A) All of the following apply:
(i) A court has ordered an obligor to make scheduled payments on a
child support arrearages obligation.
(ii) The obligor is in compliance with that order.
(B) An earnings assignment order or a notice of assignment that
includes an amount for past-due support has been served on the
obligated parent's employer and earnings are being withheld pursuant
to the earnings assignment order or a notice of assignment.
(C) At least 50 percent of the obligated parent's earnings are
being withheld for support.
(D) The obligor is less than 90 days delinquent in the payment of
any amount of support. For purposes of this subparagraph, any
delinquency existing at the time a case is received by a local child
support agency shall not be considered until 90 days have passed.
(E) A child support delinquency need not be referred to the
Franchise Tax Board for collection if a jurisdiction outside this
state is enforcing the support order.
(2) Upon notification, the Franchise Tax Board shall not use the
information it receives under this section to collect any past-due
support from that obligor.
(j) Notwithstanding subdivision (i), the Franchise Tax Board may
use the information it receives under this section to collect any
past-due support at any time if a county requests action be taken.
(k) The Franchise Tax Board may not use the information it
receives under this section to collect any past-due support if a
county has applied for and received an exemption from the Department
of Child Support Services as provided by subdivision (k) of Section
19271, unless that county specifically requests collection against
that obligor. The Franchise Tax Board may not use the information it
receives under this section to collect any past-due support if a
county requests that action not be taken.
(l) For purposes of this section:
(1) "Account" means any demand deposit account, share or share
draft account, checking or negotiable withdrawal order account,
savings account, time deposit account, or a money market mutual fund
account, whether or not the account bears interest.
(2) "Financial institution" has the same meaning as defined in
Section 669A(d)(1) of Title 42 of the United States Code.
(3) "Past-due support" means any child support obligation that is
unpaid on the due date for payment.
(m) Out of any money received from the federal government for the
purpose of reimbursing financial institutions for their actual and
reasonable costs incurred in complying with this section, the state
shall reimburse those institutions. To the extent that money is not
provided by the federal government for that purpose, the state shall
not reimburse financial institutions for their costs in complying
with this section.
(n) By March 1, 1998, the Franchise Tax Board and the Department
of Child Support Services, in consultation with counties and
financial institutions, shall jointly propose an implementation plan
for inclusion in the annual Budget Act, or in other legislation that
would fund this program. The implementation plan shall take into
account the program's financial benefits, including the costs of all
participating private and public agencies. It is the intent of the
Legislature that this program shall result in a net savings to the
state and the counties.
SEC. 113. Section 19272 of the Revenue and Taxation Code is
amended to read:
19272. (a) Any child support delinquency collected by the
Franchise Tax Board, including those amounts that result in
overpayment of a child support delinquency, shall be deposited in the
State Treasury, after clearance of the remittance, to the credit of
the Special Deposit Fund and distributed as specified by interagency
agreement executed by the Franchise Tax Board and the Department of
Child Support Services, with the concurrence of the Controller.
Notwithstanding Section 13340 of the Government Code, all moneys
deposited in the Special Deposit Fund pursuant to this article are
hereby continuously appropriated, without regard to fiscal years, for
purposes of making distributions.
(b) When a child support delinquency, or any portion thereof, has
been collected by the Franchise Tax Board pursuant to this article,
the local child support agency or other IV-D agency enforcing the
order shall be notified that the delinquency or some portion thereof
has been collected and shall be provided any other necessary relevant
information requested.
(c) The referring local child support agency shall receive credit
for the amount of collections made pursuant to the referral,
including credit for purposes of the child support enforcement
incentives pursuant to Section 17704 of the Family Code. Collection
costs incurred by the Franchise Tax Board shall be paid by federal
reimbursement with any balance to be paid from the General Fund.
(d) For collections made pursuant to a referral for administrative
enforcement or an interstate case, the IV-D agency in this state
shall receive credit for the amount of collections made pursuant to
the referral and shall receive the applicable federal child support
enforcement incentives.
(e) For amounts to be paid as a result of the Franchise Tax Board'
s activities taken pursuant to this chapter or Section 17501 of the
Family Code, the Franchise Tax Board shall notify the obligor or
third party to make the required payment directly to the local child
support agency that referred the delinquency to the Franchise Tax
Board for deposit, cashiering, and disbursement of the payment,
regardless of the form and manner for making the payments, including
electronic means. The Franchise Tax Board may, subject to approval
by the Department of Child Support Services, phase in this
responsibility for the local child support agency to deposit,
cashier, and disburse payments collected pursuant to the Franchise
Tax Board accounts receivable management functions only to the extent
necessary to ensure that the local child support agency is capable
of accepting payment in the form and manner provided.
(f) When the statewide disbursement unit is operational, the
obligors and third parties shall be directed to make child support
payments to that unit instead of the counties, in accordance with the
Department of Child Support Services Regulations.
SEC. 114. Section 19274 of the Revenue and Taxation Code is
amended to read:
19274. The local child support agency may refer to the Franchise
Tax Board cases in which the social security number of the
noncustodial parent is unknown. The Franchise Tax Board shall search
its records to obtain the noncustodial parent's social security
number and furnish this information to the local child support agency
to assist in the establishment or enforcement of a child support
order. For purposes of administering this section, the Franchise Tax
Board may use any services or information available for tax
enforcement purposes, or available to a local child support agency or
the Title IV-D agency in collecting or enforcing child support, or
in locating absent or noncustodial parents.
SEC. 114.3. Section 19275 of the Revenue and Taxation Code is
amended to read:
19275. For purposes of Parts 10 (commencing with Section 17001),
10.5 (commencing with Section 20501), and 11 (commencing with Section
23001), any reference to the district attorney or counties, the
State Department of Social Services, or the Statewide Automated Child
Support System, as it relates to the collection, enforcement, or
accounts receivable management of child support under the Family Code
or the Welfare and Institutions Code shall mean the local child
support agency, as defined in Section 17000 of the Family Code, the
Department of Child Support Services, and the California Child
Support Automation System, respectively, in keeping with the changes
and transition of authority and responsibilities as required under
the Family Code and the Welfare and Institutions Code.
SEC. 115. Section 1088.8 of the Unemployment Insurance Code is
amended to read:
1088.8. (a) Effective January 1, 2001, any service-recipient, as
defined in subdivision (b), who makes or is required to make a return
to the Internal Revenue Service, in accordance with subdivision (a)
of Section 6041A of the Internal Revenue Code (relating to payments
made to a service-provider as compensation for services) shall file
with the department information as required under subdivision (c).
(b) For purposes of this section:
(1) "Service-recipient" means any individual, person, corporation,
association, or partnership, or agent thereof, doing business in
this state, deriving trade or business income from sources within
this state, or in any manner in the course of a trade or business
subject to the laws of this state. "Service-recipient" also includes
the State of California or any political subdivision thereof,
including the Regents of the University of California, any charter
city, or any political body not a subdivision or agency of the state,
and any person, employee, department, or agent thereof.
(2) "Service-provider" means an individual who is not an employee
of the service-recipient for California purposes and who received
compensation or executes a contract for services performed for that
service-recipient within or without the state.
(c) Each service-recipient shall report all of the following
information to the department, within 20 days of the earlier of first
making payments that in the aggregate equal or exceed six hundred
dollars ($600) in any year to a service-provider, or entering into a
contract or contracts with a service-provider providing for payments
that in the aggregate equal or exceed six hundred dollars ($600) in
any year:
(1) The full name, address, and social security number of the
service-provider.
(2) The service-recipient's name, business name, address, and
telephone number.
(3) The service-recipient's federal employer identification
number, California state employer account number, social security
number, or other identifying number as required by the Employment
Development Department in consultation with the Franchise Tax Board.
(4) The date the contract is executed, or if no contract, the date
payments in the aggregate first equal or exceed six hundred dollars
($600).
(5) The total dollar amount of the contract, if any, and the
contract expiration date.
(d) The department shall retain information collected pursuant to
this section until November 1 following the tax year in which the
contract is executed, or if no contract, the tax year in which the
aggregate payments first equal or exceed six hundred dollars ($600).
(e) For each failure to fully comply with subdivision (c), unless
the failure is due to good cause, the department may assess a penalty
of twenty-four dollars ($24), or four hundred ninety dollars ($490)
if the failure is the result of conspiracy between the service
recipient and service provider not to supply the required report or
to supply a false or incomplete report.
(f) Information obtained by the department pursuant to this
section may be released only for purposes of establishing, modifying,
or enforcing child support obligations under Section 17400 of the
Family Code and for child support collection purposes authorized
under Article 5 (commencing with Section 19271) of Chapter 5 of Part
10.2 of the Revenue and Taxation Code, or to the Franchise Tax Board
for tax enforcement purposes or for the administration of this code.
(g) This section shall become operative on January 1, 2001.
SEC. 116. Section 1255.7 of the Unemployment Insurance Code is
amended to read:
1255.7. (a) The Department of Child Support Services shall notify
the director whether an individual filing a claim for unemployment
compensation after October 1, 1982, owes support obligations as
defined under subdivision (h), and notify the department of any
changes in the status of these individuals to ensure that the
department has a current record.
(b) The department shall maintain and keep current a record of
individuals who owe support obligations and who may have claims for
unemployment compensation benefits.
(c) The department shall deduct and withhold support obligations
as defined under subdivision (h) from any unemployment compensation
payable to an individual who owes these obligations.
(d) Any amount deducted and withheld under subdivision (c) shall
be paid by the department to the appropriate county or to the
Department of Child Support Services as the assigned payee, as
stipulated by mutual agreement, in the interagency agreement between
the department and the Department of Child Support Services.
(e) Any amount deducted and withheld under subdivision (c) shall
for all purposes be treated as if it were paid to the individual as
unemployment compensation and paid by the individual to the
Department of Child Support Services.
(f) For purposes of subdivisions (a) to (e), inclusive,
"unemployment compensation" means any compensation payable under this
division, except Part 2 (commencing with Section 2601), but
including amounts payable by the department pursuant to an agreement
under any federal unemployment compensation law.
(g) This section applies only if appropriate arrangements have
been made for reimbursement by the Department of Child Support
Services for the administrative costs incurred by the Employment
Development Department.
(h) For purposes of this section, "support obligations" means the
child and related spousal support obligations which are being
enforced pursuant to a plan described in Section 454 of the Social
Security Act and as that section may hereafter be amended. However,
to the extent "related spousal support obligations" may not be
collected from unemployment compensation under federal law, those
obligations shall not be included in the definition of support
obligations under this section.
SEC. 117. Section 2630 of the Unemployment Insurance Code is
amended to read:
2630. (a) The Department of Child Support Services shall
periodically notify the department of individuals who are certified,
as provided in Section 17518 of the Family Code, as having support
obligations, as defined by subdivision (g) and notify the department
of any changes in the status of these individuals to ensure that the
department has a current record.
(b) Upon receipt of the notifications referred to in subdivision
(a), the department shall determine whether the individuals have
claims for unemployment compensation disability benefits, either with
the department or under an approved voluntary plan.
(c) If the department determines that an individual referred to in
subdivision (a) has a claim for unemployment compensation disability
benefits with an approved voluntary plan, it shall notify the
voluntary plan payer. When the Department of Child Support Services
notifies the department of any changes in the individual's status as
to his or her support obligations, the department shall in turn
notify the voluntary plan payer. Upon notification from the
department, the voluntary plan payer shall deduct and withhold the
amounts specified in Section 17518 of the Family Code from the
unemployment compensation disability benefits that would otherwise be
payable to the individual. For each withholding, the voluntary plan
payer shall deduct an amount which represents the amount withheld
for support obligations and may also deduct an administrative fee
representing actual costs, not to exceed two dollars ($2). In no
event shall the withholding and the administrative fee exceed 25
percent or a lesser amount as specified in subdivision (e) of Section
17518 of the Family Code. The voluntary plan payer shall pay the
amounts for support deducted and withheld pursuant to this section to
the appropriate certifying county.
(d) The department shall maintain a current record of individuals
certified as owing support obligations. If the department determines
that the individual has a claim for unemployment compensation
disability benefits with the department, it shall deduct and withhold
the amounts specified in Section 17518 of the Family Code from the
unemployment compensation disability benefits that would otherwise be
payable to the individual. The department shall periodically pay
the amounts deducted and withheld to the appropriate county or to the
Department of Child Support Services as the assigned payee, as
stipulated by mutual agreement, in the interagency agreement between
the department and the Department of Child Support Services.
(e) Amounts deducted and withheld from an individual's
unemployment compensation disability benefits in accordance with
subdivision (c) or (d) shall for all purposes be treated as if it
were paid to the individual and then paid by the individual to the
Department of Child Support Services or the appropriate certifying
county.
(f) This section shall apply only if appropriate arrangements are
made for the Department of Child Support Services to reimburse the
department for its administrative costs for performing the functions
required of it by this section.
(g) For purposes of this section, "support obligations" means the
child and related spousal support obligations described in the state
plan approved pursuant to Section 454 of the Social Security Act and
as that section may hereafter be amended. However, to the extent
"related spousal support obligations" may not be collected from
unemployment compensation under federal law, those obligations shall
not be included in the definition of support obligations under this
section.
SEC. 118. Section 903.4 of the Welfare and Institutions Code is
amended to read:
903.4. (a) The Legislature finds that even though Section 903
establishes parental liability for the cost of the care, support, and
maintenance of a child in a county institution or other place in
which the child is placed, detained, or committed pursuant to an
order of the juvenile court, the collection of child support for
juveniles who have been placed in out-of-home care as dependents or
wards of the juvenile court under Sections 300, 601, and 602 has not
been pursued routinely and effectively.
It is the purpose of this section to substantially increase income
to the state and to counties through court-ordered parental
reimbursement for the support of juveniles who are in out-of-home
placement. In this regard, the Legislature finds that the costs of
collection will be offset by the additional income derived from the
increased effectiveness of the parental support program.
(b) In any case in which a child is or has been declared a
dependent child or a ward of the court pursuant to a Section 300,
601, or 602, the juvenile court shall order any agency which has
expended moneys or incurred costs on behalf of the child pursuant to
a detention or placement order of the juvenile court, to submit to
the local child support agency, within 30 days, in the form of a
declaration, a statement of its costs and expenses for the benefit,
support, and maintenance of the child.
(c) (1) The local child support agency may petition the superior
court to issue an order to show cause why an order should not be
entered for continuing support and reimbursement of the costs of the
support of any minor described in Section 903.
Any order entered as a result of the order to show cause shall be
enforceable in the same manner as any other support order entered by
the courts of this state at the time it becomes due and payable.
In any case in which the local child support agency has received a
declaration of costs or expenses from any agency, the declaration
shall be deemed an application for assistance pursuant to Section
17400 of the Family Code.
(2) The order to show cause shall inform the parent of all of the
following facts:
(A) He or she has been sued.
(B) If he or she wishes to seek the advice of an attorney in this
matter, it should be done promptly so that his or her financial
declaration and written response, if any, will be filed on time.
(C) He or she has a right to appear personally and present
evidence in his or her behalf.
(D) His or her failure to appear at the order to show cause
hearing, personally or through his or her attorney, may result in an
order being entered against him or her for the relief requested in
the petition.
(E) Any order entered could result in the garnishment of wages,
taking of money or property to enforce the order, or being held in
contempt of court.
(F) Any party has a right to request a modification of any order
issued by the superior court in the event of a change in
circumstances.
(3) Any existing support order shall remain in full force and
effect unless the superior court modifies that order pursuant to
subdivision (f).
(4) The local child support agency shall not be required to
petition the court for an order for continuing support and
reimbursement if, in the opinion of the local child support agency,
it would not be appropriate to secure such an order. The local child
support agency shall not be required to continue collection efforts
for any order if, in the opinion of the local child support agency,
it would not be appropriate or cost effective to enforce the order.
(d) (1) In any case in which an order to show cause has been
issued and served upon a parent for continuing support and
reimbursement of costs, a completed income and expense declaration
shall be filed with the
court by the parent; a copy of it shall be delivered to the local
child support agency at least five days prior to the hearing on the
order to show cause.
(2) Any person authorized by law to receive a parent's financial
declaration or information obtained therefrom, who knowingly
furnishes the declaration or information to a person not authorized
by law to receive it, is guilty of a misdemeanor.
(e) If a parent has been personally served with the order to show
cause and no appearance is made by the parent, or an attorney in his
or her behalf, at the hearing on the order to show cause, the court
may enter an order for the principal amount and continuing support in
the amount demanded in the petition.
If the parent appears at the hearing on the order to show cause,
the court may enter an order for the amount the court determines the
parent is financially able to pay.
(f) The court shall have continuing jurisdiction to modify any
order for continuing support entered pursuant to this section.
(g) As used in this section, "parent" includes any person
specified in Section 903, the estate of any such person, and the
estate of the minor person.
(h) The local child support agency may contract with another
county agency for the performance of any of the duties required by
this section.
SEC. 119. Section 903.41 of the Welfare and Institutions Code is
amended to read:
903.41. (a) It is the intention of the Legislature that the
family law departments and juvenile departments of each superior
court coordinate determinations of parentage and the setting of
support to ensure that the State of California remains in compliance
with federal regulations for child support guidelines. The
Legislature therefore enacts this section for the purpose of ensuring
a document exchange between the family law departments and juvenile
departments of each superior court as necessary to administer the
public social services administered or supervised by the State
Department of Social Services.
(b) If the issue of paternity is raised during any hearings
pursuant to Section 300, 601, or 602, the court clerk shall notify
the local child support agency for an inquiry concerning any superior
court order or judgment which addresses the issue.
(1) If the local child support agency determines that a judgment
for parentage already exists, the local child support agency shall
obtain and forward certified copies of the judgment to the juvenile
court and the court shall take judicial notice thereof.
(2) If the local child support agency determines that the issue of
parentage has not been determined, the juvenile court may determine
the issue of parentage and, if it does so, shall give notice to the
local child support agency.
(c) If the court establishes paternity of a minor child, the court
clerk shall forward the order on a form to be adopted by the
Judicial Council to the local child support agency.
(d) If a child is receiving public assistance under the CalWORKs
program, or if it appears to the court that the child may receive
assistance under CalWORKs, the court shall direct the clerk of the
court to advise the local child support agency.
(e) The court shall advise the parent of the minor of the
possibility that the local child support agency may file an action
for support if the child receives CalWORKs, pursuant to Section 17402
of the Family Code.
SEC. 120. Section 903.5 of the Welfare and Institutions Code is
amended to read:
903.5. In addition to the requirements of Section 903.4, and
notwithstanding any other provision of law, the parent or other
person legally liable for the support of a minor, who voluntarily
places the minor in 24-hour out-of-home care, shall be liable for the
cost of the minor's care, support, and maintenance when the minor
receives Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Supplemental Security Income-State Supplementary Program
(SSI-SSP), or county-only funds. As used in this section "parent"
includes any person specified in Section 903. Whenever the county
welfare department or the placing agency determines that a court
order would be advisable and effective, the department or the agency
shall notify the local child support agency, or the financial
evaluation officer designated pursuant to Section 903.45, who shall
proceed pursuant to Section 903.4.
SEC. 121. Section 10082 of the Welfare and Institutions Code is
amended to read:
10082. (a) The department, through the Franchise Tax Board as its
agent, shall be responsible for procuring, in accordance with
Section 10083, developing, implementing, and maintaining the
operation of the California Child Support Automation System in all
California counties. This project shall, to the extent feasible, use
the same sound project management practices that the Franchise Tax
Board has developed in successful tax automation efforts. The single
statewide system shall be operative in all California counties and
shall also include the State Case Registry, the State Disbursement
Unit and all other necessary data bases and interfaces. The system
shall provide for the sharing of all data and case files,
standardized functions across all of the counties, timely and
accurate payment processing and centralized payment disbursement from
a single location in the state. The system may be built in phases
with payments contingent on acceptance of agreed upon deliverables.
As appropriate, additional payments may be made to the vendors for
predefined levels of higher performance once the system is in
operation.
(b) All ongoing interim automation activities apart from the
procurement, development, implementation, and maintenance of the
California Child Support Automation System, including Year 2000
remediation efforts and system conversions, shall remain with the
department, and shall not be the responsibility of the Franchise Tax
Board. However, the department shall ensure that all interim
automation activities are consistent with the procurement,
development, implementation, and maintenance of the California Child
Support Automation System by the Franchise Tax Board through the
project charter described in Section 10083 and through continuous
consultation.
(c) The department shall seek, at the earliest possible date, all
federal approvals and waivers necessary to secure financial
participation and system design approval of the California Child
Support Automation System.
(d) The department shall seek federal funding for the maintenance
and operation of all county child support automation systems until
the time that the counties transition to the California Child Support
Automation System.
(e) The department shall direct local child support agencies, if
it determines it is necessary, to modify their current automation
systems or change to a different system, in order to meet the goal of
statewide automation.
(f) Notwithstanding any state policies, procedures, or guidelines,
including those set forth in state manuals, all state agencies shall
cooperate with the Franchise Tax Board to expedite the procurement,
development, implementation, and operation of the California Child
Support Automation System and shall delegate to the Franchise Tax
Board, to the full extent possible, all functions including
acquisition authority as provided in Section 12102 of the Public
Contract Code, that may assist the Franchise Tax Board. All state
agencies shall give review processes affecting the single statewide
automation system their highest priority and expedite these review
processes.
(g) The Franchise Tax Board shall employ the expertise needed for
the successful and efficient implementation of the single statewide
child support automation system and, therefore, shall be provided
three Career Executive Assignment Level 2 positions, and may enter
into personal services agreements with one or more persons, at the
prevailing market rates for the kind or quality of services
furnished, provided the agreements do not cause the net displacement
of civil service employees.
(h) All funds appropriated to the Franchise Tax Board for purposes
of this chapter shall be used in a manner consistent with the
authorized budget without any other limitations.
(i) The department and the Franchise Tax Board shall consult with
local child support agencies and child support advocates on the
implementation of the single statewide child support automation
system.
(j) (1) Notwithstanding the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), through December
31, 2000, the department may implement the applicable provisions of
this chapter through family support division letters or similar
instructions from the director.
(2) The department may adopt regulations to implement this chapter
in accordance with the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The adoption of any emergency regulation filed
with the Office of Administrative Law on or before January 1, 2003,
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, and safety or general
welfare. These emergency regulations shall remain in effect for no
more than 180 days.
SEC. 122. Section 10604.5 of the Welfare and Institutions Code is
amended to read:
10604.5. (a) (1) Commencing July 1, 1992, the department shall
pay only those county welfare department claims for federal or state
reimbursement of administration and services under this division
which are filed with the department within nine months of the end of
the calendar quarter in which the costs are paid. A claim filed
after that time may only be paid if the claim falls within the
exceptions set forth in federal law. Any claim filed with the
department after July 1, 1985, shall be subject to these limitations.
(2) The department may change the nine-month limitation specified
in paragraph (1), as deemed necessary by the department to comply
with federal changes which affect claiming time limits.
(b) (1) The department may waive the time limit imposed by
subdivision (a) if the department determines there was good cause for
a county's failure to file a claim or claims within the time limit.
(2) (A) For purposes of this subdivision, "good cause" means
circumstances which are beyond the county's control, including acts
of God and documented action or inaction by the state or federal
government.
(B) "Circumstances beyond the county's control" do not include
neglect or failure on the part of the county or any of its offices,
officers, or employees.
(C) A county shall request a waiver of the time limit imposed by
this section for good cause in accordance with regulations adopted
and promulgated by the department.
(3) The department's authority to waive the time limit under this
subdivision shall be subject to the availability of funds and shall
not apply to claims submitted beyond 18 months after the end of the
calendar quarter in which costs were paid.
SEC. 123. Section 10604.6 of the Welfare and Institutions Code is
amended to read:
10604.6. (a) The department shall pay only those assistance
claims for federal or state reimbursement under this division which
are filed with the department within 18 months after the end of the
calendar quarter in which the costs are paid.
(b) Any claim which is filed after the time specified in
subdivision (a) may be paid only if an exception under federal law
applies to that claim.
SEC. 124. Section 11457 of the Welfare and Institutions Code is
amended to read:
11457. Money from noncustodial parents for child or spousal
support with respect to whom an assignment under Section 11477 has
been made shall be paid directly to the local child support agency
and shall not be paid directly to the family. Such absent parent
support payments, when collected by or paid through any public
officer or agency, shall be transmitted to the county department
providing aid under this chapter.
The Department of Child Support Services, by regulation, shall
establish procedures not in conflict with federal law, for the
distribution of such noncustodial parent support payments.
If an amount collected as child or spousal support represents
payment on the required support obligation for future months, the
amount shall be applied to such future months. However, no such
amounts shall be applied to future months unless amounts have been
collected which fully satisfy the support obligation assigned under
subdivision (a) of Section 11477 for the current months and all past
months.
SEC. 125. Section 11477 of the Welfare and Institutions Code is
amended to read:
11477. As a condition of eligibility for aid paid under this
chapter, each applicant or recipient shall do all of the following:
(a) (1) Assign to the county any rights to support from any other
person the applicant or recipient may have on his or her own behalf
or on behalf of any other family member for whom the applicant or
recipient is applying for or receiving aid, not exceeding the total
amount of cash assistance provided to the family under this chapter.
Receipt of public assistance under this chapter shall operate as an
assignment by operation of law. An assignment of support rights to
the county shall also constitute an assignment to the state. If
support rights are assigned pursuant to this subdivision, the
assignee may become an assignee of record by the local child support
agency or other public official filing with the court clerk an
affidavit showing that an assignment has been made or that there has
been an assignment by operation of law. This procedure does not
limit any other means by which the assignee may become an assignee of
record.
(2) Support that has been assigned pursuant to paragraph (1) and
that accrues while the family is receiving aid under this chapter
shall be permanently assigned until the entire amount of aid paid has
been reimbursed.
(3) If the federal government does not permit states to adopt the
same order of distribution for preassistance and postassistance child
support arrears that are assigned on or after October 1, 1998,
support arrears that accrue before the family receives aid under this
chapter that are assigned pursuant to this subdivision shall be
assigned as follows:
(A) Child support assigned prior to January 1, 1998, shall be
permanently assigned until aid is no longer received and the entire
amount of aid has been reimbursed.
(B) Child support assigned on or after January 1, 1998, but prior
to October 1, 2000, shall be temporarily assigned until aid under
this chapter is no longer received and the entire amount of aid paid
has been reimbursed or until October 1, 2000, whichever comes first.
(C) On or after October 1, 2000, support assigned pursuant to this
subdivision that was not otherwise permanently assigned shall be
temporarily assigned to the county until aid is no longer received.
(D) On or after October 1, 2000, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(4) If the federal government permits states to adopt the same
order of distribution for preassistance and postassistance child
support arrears, child support arrears shall be assigned, as follows:
(A) Child support assigned pursuant to this subdivision prior to
October 1, 1998, shall be assigned until aid under this chapter is no
longer received and the entire amount has been reimbursed.
(B) On or after October 1, 1998, child support assigned pursuant
to this subdivision that accrued before the family receives aid under
this chapter and that was not otherwise permanently assigned, shall
be temporarily assigned until aid under this chapter is no longer
received.
(C) On or after October 1, 1998, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(b) (1) Cooperate with the county welfare department and local
child support agency in establishing the paternity of a child of the
applicant or recipient born out of wedlock with respect to whom aid
is claimed, and in establishing, modifying, or enforcing a support
order with respect to a child of the individual for whom aid is
requested or obtained, unless the applicant or recipient qualifies
for a good cause exception as provided in Section 11477.04. The
granting of aid shall not be delayed or denied if the applicant is
otherwise eligible, if the applicant completes the necessary forms
and agrees to cooperate with the local child support agency in
securing support and determining paternity, where applicable. The
local child support agency shall have staff available, in person or
by telephone, at all county welfare offices and shall conduct an
interview with each applicant to obtain information necessary to
establish paternity and establish, modify, or enforce a support order
at the time of the initial interview with the welfare office. The
local child support agency shall make the determination of
cooperation. If the applicant or recipient attests under penalty of
perjury that he or she cannot provide the information required by
this subdivision, the local child support agency shall make a finding
regarding whether the individual could reasonably be expected to
provide the information, before the local child support agency
determines whether the individual is cooperating. In making the
finding, the local child support agency shall consider all of the
following:
(A) The age of the child for whom support is sought.
(B) The circumstances surrounding the conception of the child.
(C) The age or mental capacity of the parent or caretaker of the
child for whom aid is being sought.
(D) The time that has elapsed since the parent or caretaker last
had contact with the alleged father or obligor.
(2) Cooperation includes the following:
(A) Providing the name of the alleged parent or obligor and other
information about that person if known to the applicant or recipient,
such as address, social security number, telephone number, place of
employment or school, and the names and addresses of relatives or
associates.
(B) Appearing at interviews, hearings, and legal proceedings
provided the applicant or recipient is provided with reasonable
advance notice of the interview, hearing, or legal proceeding and
does not have good cause not to appear.
(C) If paternity is at issue, submitting to genetic tests,
including genetic testing of the child, if necessary.
(D) Providing any additional information known to or reasonably
obtainable by the applicant or recipient necessary to establish
paternity or to establish, modify, or enforce a child support order.
(3) A recipient or applicant shall not be required to sign a
voluntary declaration of paternity, as set forth in Chapter 3
(commencing with Section 7570) of Part 2 of Division 12 of the Family
Code, as a condition of cooperation.
SEC. 126. Section 11477.02 of the Welfare and Institutions Code is
amended to read:
11477.02. Prior to referral of any individual or recipient, or
that person's case, to the local child support agency for child
support services under Section 17400 or 17404 of the Family Code, the
county welfare department shall determine if an applicant or
recipient has good cause for noncooperation, as set forth in Section
11477.04. If the applicant or recipient claims a good cause
exception at any subsequent time to the county welfare department or
the local child support agency, the local child support agency shall
suspend child support services until the county welfare department
determines the good cause claim, as set forth in Section 11477.04.
If good cause is determined to exist, the local child support agency
shall suspend child support services until the applicant or recipient
requests their resumption, and shall take such other measures as are
necessary to protect the applicant or recipient and the children.
If the applicant or recipient is the parent of the child for whom aid
is sought and the parent is found to have not cooperated without
good cause as provided in Section 11477.04, the applicant's or
recipient's family grant shall be reduced by 25 percent for such time
as the failure to cooperate lasts.
SEC. 127. Section 11479.7 of the Welfare and Institutions Code is
repealed.
SEC. 128. Section 11484 is added to the Welfare and Institutions
Code, to read:
11484. On request, all state, county, and local agencies shall
cooperate with an investigator of an agency whose primary function is
to detect, prevent, or prosecute public assistance fraud, by
providing all information on hand relative to the location and
prosecution of any person who has, by means of false statement or
representation or by impersonation or other fraudulent device,
obtained aid, or attempted to obtain aid for an individual under this
chapter. That information is subject to confidentiality
requirements under Chapter 5 (commencing with Section 10850) of Part
2. For purposes of this section, "information" shall not include
taxpayer return information as defined in Section 19549 of the
Revenue and Taxation Code, unless disclosure of this information is
expressly authorized pursuant to Article 2 (commencing with Section
19501) of Chapter 7 of Part 10.2 of the Revenue and Taxation Code.
SEC. 129. Section 14008.6 of the Welfare and Institutions Code is
amended to read:
14008.6. As a condition of eligibility for medical services
provided under this chapter or Chapter 8 (commencing with Section
14200), each applicant or beneficiary shall:
(a) Assign to the state any rights to medical support and to
payments for medical care from a third party that an individual may
have on his of her own behalf or on behalf of any other family member
for whom that individual has the legal authority to assign such
rights, and is applying for or receiving medical services. Receipt
of medical services under this chapter or Chapter 8 (commencing with
Section 14200) shall operate as an assignment by operation of law.
If those rights are assigned pursuant to this subdivision, the
assignee may become an assignee of record by the local child support
agency or other public official filing with the court clerk an
affidavit showing that an assignment has been made or that there has
been an assignment by operation of law. This procedure does not
limit any other means by which the assignee may become an assignee of
record.
(b) Cooperate, as defined by subdivision (b) of Section 11477,
with the local child support agency in establishing the paternity of
a child born out of wedlock with respect to whom medical services are
requested or claimed, and for whom that individual can legally
assign the rights described in subdivision (a), and in obtaining any
medical support, as provided in Section 17400 of the Family Code, and
payments, as described in subdivision (a), due any person for whom
medical services are requested or obtained.
(c) Cooperate with the state in identifying and providing
information to assist the state in pursuing any third party who may
be liable to pay for care and services available under the Medi-Cal
program.
(d) The local child support agency shall verify that the applicant
or recipient refused to offer reasonable cooperation prior to
determining that the applicant or recipient is ineligible. The
granting of medical services shall not be delayed or denied if the
applicant is otherwise eligible, if the applicant completes the
necessary forms and agrees to cooperate with the district attorney in
securing medical support and determining paternity, where
applicable.
(e) An applicant or beneficiary shall be considered to be
cooperating with the local child support agency and shall be eligible
for medical services, if otherwise eligible, if the applicant or
beneficiary cooperates to the best of his or her ability or has good
cause for refusal to cooperate with the requirements in subdivisions
(b) and (c), as defined by Section 11477.04. The county welfare
department shall make the determination of whether good cause for
refusal to cooperate exists.
The county welfare department and the local child support agency
shall ensure that all applicants for or beneficiaries of medical
services under this chapter or Chapter 8 (commencing with Section
14200) are properly notified of the conditions imposed by this
section.
SEC. 130. Section 14124.93 of the Welfare and Institutions Code is
amended to read:
14124.93. (a) The Department of Child Support Services shall
provide payments to the local child support agency of fifty dollars
($50) per case for obtaining third-party health coverage or insurance
of beneficiaries.
(b) A county shall be eligible for a payment if the county obtains
third-party health coverage or insurance for applicants or
recipients of Title IV-D services not previously covered, or for whom
coverage has lapsed, and the county provides all required
information on a form approved by both the Department of Child
Support Services and the State Department of Health Services.
SEC. 130.1. Section 12.1 of this bill incorporates amendments to
Section 699.510 of the Code of Civil Procedure proposed by both this
bill and AB 2405. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2001, (2)
each bill amends Section 699.510 of the Code of Civil Procedure, and
(3) this bill is enacted after AB 2405, in which case Section 12 of
this bill shall not become operative.
SEC. 130.2. Section 29 of this bill incorporates amendments to
Section 3751.5 of the Family Code proposed by both this bill and AB
2130. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 3751.5 of the Family Code, and (3) this bill is
enacted after AB 2130, in which case Section 28 of this bill shall
not become operative.
SEC. 130.3. Section 97.1 of this bill incorporates amendments to
Section 11552 of the Government Code proposed by both this bill and
SB 150. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 11552 of
the Government Code, and (3) this bill is enacted after SB 150, in
which case Section 97 of this bill shall not become operative.
SEC. 130.4. Section 98.1 of this bill incorporates amendments to
Section 12419.3 of the Government Code proposed by both this bill and
AB 2906. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2001, (2) each
bill amends Section 12419.3 of the Government Code, and (3) this bill
is enacted after AB 2906, in which case Section 98 of this bill
shall not become operative.
SEC. 130.5. Section 100.1 of this bill incorporates amendments to
Section 26746 of the Government Code proposed by both this bill and
AB 1768. It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2001, (2) each
bill amends Section 26746 of the Government Code, and (3) this bill
is enacted after AB 1768, in which case Section 100 of this bill
shall not become operative.
SEC. 130.6. Section 111.1 of this bill incorporates amendments to
Section 11105 of the Penal Code proposed by both this bill and SB
2161. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 11105 of the Penal Code, and (3) this bill is enacted
after SB 2161, in which case Section 111 of this bill shall not
become operative.
SEC. 130.7. Section 111.5 of this bill incorporates amendments to
Section 13300 of the Penal Code proposed by both this bill and SB
2161. It shall only become operative if (1) both bills are enacted
and become effective on or before January 1, 2001, (2) each bill
amends Section 13300 of the Penal Code, and (3) this bill is enacted
after SB 2161, in which case Section 111.3 of this bill shall not
become operative.
SEC. 131. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
SEC. 132. This act is an urgency statute necessary for the
immediate preservation of the public peace, health, or safety within
the meaning of Article IV of the Constitution and shall go into
immediate effect. The facts constituting the necessity are:
In order to provide clarification in the law regarding the
entities authorized and directed to enforce child support
obligations, it is necessary that this act take effect immediately.