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AB-1324 Child welfare agencies: enforcement.(2023-2024)

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Date Published: 08/14/2023 02:00 PM
AB1324:v97#DOCUMENT

Amended  IN  Senate  August 14, 2023
Amended  IN  Assembly  March 13, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1324

Introduced by Assembly Member Bryan

February 16, 2023

An act to add Section 17552.1 to the Family Code, relating to child welfare.


LEGISLATIVE COUNSEL'S DIGEST


AB 1324, as amended, Bryan. Child welfare agencies: enforcement.
Existing law delegates to the Department of Child Support Services and local child support agencies the responsibility for collecting and enforcing child support obligations, including child support delinquencies, as defined. Existing law requires the State Department of Social Services to promulgate regulations for county child welfare departments, including, but not limited to, any case of separation or desertion of a parent from a child that results in foster care assistance payments, payments for a minor child placed in the same home as a minor or nonminor dependent parent, and California Work Opportunity and Responsibility to Kids (CalWORKs) payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court. Existing law requires those regulations to require the county child welfare department to determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. Existing law, on or before October 1, 2023, further requires those regulations to require the county child welfare department to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.
This bill would, on or before January 1, 2025, require the Department of Child Support Services to identify all child support referrals made pursuant to the above-described provisions prior to January 1, 2023. The bill would require the department to direct local child support agencies to rescind those referrals, cease enforcement of the child support orders, cease enforcement of arrearages assigned to the state for the reimbursement of foster care placements and seek modification of the child support orders when necessary to eliminate ongoing obligations, as specified. including the cancellation of all arrears owed to the state and any accrued interest. The bill would also require the department, on or before June 1, 2024, to implement these provisions by means of departmental letters or similar written instructions.
By increasing the duties of the county child welfare department and the local child support agency, the bill would impose a state-mandated local program.
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.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 17552.1 is added to the Family Code, to read:

17552.1.
 (a) On or before January 1, 2025, the Department of Child Support Services shall identify all child support referrals made prior to January 1, 2023, for a child in any of the following circumstances:
(1) The child receives foster care assistance payments under Section 11400 of the Welfare and Institutions Code.
(2) The child receives assistance payments as a voluntary placement under Section 11401.1 of the Welfare and Institutions Code.
(3) The child receives benefits as a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of the Welfare and Institutions Code.
(4) The child is under the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code and a caretaker relative receives payments pursuant to any of the following provisions:
(A) CalWORKS CalWORKs payments under Section 11250 of the Welfare and Institutions Code.
(B) Kin-GAP payments pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of the Welfare and Institutions Code.
(C) The child receives aid under Section 10101 of the Welfare and Institutions Code.
(5) The child is the subject of a referral made under Section 17552.
(b) The department shall direct local child support agencies to rescind the referrals identified pursuant to subdivision (a) and cease enforcement of these child support orders. cease enforcement of arrearages assigned to the state for the reimbursement of foster care placements. The department shall also direct local child support agencies to seek modification of these orders when necessary to eliminate ongoing obligations, including the cancellation of all arrears owed to the state and any accrued interest.
(c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, on or before June 1, 2024, the Department of Child Support Services shall implement, interpret, or make specific this section, in whole or in part, by means of departmental letters or similar written instructions, without taking any further regulatory action. These departmental letters or similar written instructions shall have the same force and effect as regulations.

SEC. 2.

 To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.