reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17504.

17504. (a) The first one hundred dollars ($100) of any amount of child support collected in a month for a family with one child, or the first two hundred dollars ($200) for a family with two or more children, in payment of the required support obligation for that month shall be paid to a recipient of aid under 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, and 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.
(b) Notwithstanding the rulemaking 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), the State Department of Social Services and the Department of Child Support Services may implement, interpret, or make specific this section by means of all-county letters or similar instructions from the department until regulations are adopted. These all-county letters or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.
(c) This section shall become operative on January 1, 2022, or when the State Department of Social Services and the Department of Child Support Services notify the Legislature that the Statewide Automated Welfare System and Child Support Enforcement System can perform the necessary automation to implement this section, whichever date is later.
(Repealed (in Sec. 1) and added by Stats. 2020, Ch. 11, Sec. 2. (AB 79) Effective June 29, 2020. Operative on or after January 1, 2022, as prescribed by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17504.4.

17504.4. On a monthly basis, the local child support agency shall provide to any CalWORKs recipient or former recipient for whom an assignment pursuant to subdivision (a) of Section 11477 of the Welfare and Institutions Code is currently effective, a notice of the amount of assigned support payments made on behalf of the recipient or former recipient or any other family member for whom public assistance is received.
(Added by renumbering Section 17504.1 by Stats. 2022, Ch. 573, Sec. 6. (AB 207) Effective September 27, 2022.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17504.6.

17504.6. (a) No later than May 1, 2023, the Department of Social Services, in collaboration with the Department of Child Support Services, shall submit a report to the human services and judicial policy and fiscal committees of each house of the Legislature providing an evaluation of the impact of Section 17504.2 on an individual or family’s eligibility determination for other need-based assistance programs. The report shall evaluate, but is not limited to, the following:
(1) Potential unintended impacts, both negative and positive, of this subdivision.
(2) Potential solutions to address any identified unintended impacts, including whether an opt out is necessary in order to avoid negative impact to families.
(b) This section shall remain in effect only until January 1, 2025, and as of that date is repealed.
(Added by Stats. 2022, Ch. 573, Sec. 8. (AB 207) Effective September 27, 2022. Repealed as of January 1, 2025, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17505.

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 Part 6 (commencing with Section 5700.101) 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 Sections 653(c)(4) and 666(c)(1)(D) of Title 42 of the United State Code shall be through automated processes to the maximum extent feasible.
(Amended by Stats. 2015, Ch. 493, Sec. 14. (SB 646) Effective January 1, 2016.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17508.

17508. (a) The Employment Development Department shall, when requested by the Department of Child Support Services local child support agency, 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 CalFresh 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.
(Amended by Stats. 2016, Ch. 474, Sec. 21. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17509.

17509. Once the statewide automated system is fully implemented, the Department of Child Support Services shall periodically compare Employment Development Department information collected under Division 1 (commencing with Section 100) of the Unemployment Insurance Code to child support obligor records and identify cases where the obligor is employed but there is no earning withholding order in effect. The department shall immediately notify local child support agencies in those cases.
(Added by Stats. 1999, Ch. 652, Sec. 20. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17510.

17510. To assist local agencies in child support enforcement activities, the department shall operate a workers’ compensation notification project based on information received pursuant to Section 138.5 of the Labor Code or any other source of information.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17516.

17516. In no event shall public social service benefits, as defined in Section 10051 of the Welfare and Institutions Code, or benefits paid pursuant to Title XVI of the Social Security Act be employed to satisfy a support obligation.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17520.5.

17520.5. (a) (1) Notwithstanding any other law, the department shall not include in the list sent to the Department of Motor Vehicles pursuant to Section 17520, for the purpose of denying, withholding, or suspending a driver’s license, the information of a support obligor found to be out of compliance with a judgment or order for support in a case being enforced under Title IV-D of the federal Social Security Act, if the annual household income of the support obligor is at or below 70 percent of the median income for the county in which the department or the local child support agency believes the support obligor resides, based on the most recent available data published by the Department of Housing and Community Development pursuant to Section 6932 of Title 25 of the California Code of Regulations or successor regulation thereto.
(2) Commencing January 1, 2027, this subdivision shall apply only with respect to noncommercial driver’s licenses.
(b) This section shall be implemented to the extent allowed under federal law.
(c) This section shall become operative on January 1, 2025.
(Added by Stats. 2022, Ch. 830, Sec. 1. (SB 1055) Effective January 1, 2023. Operative January 1, 2025, by its own provisions.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17521.

17521. The order to show cause or notice of motion described in subdivision (j) of Section 17520 shall be filed and heard in the superior court.
(Amended by Stats. 2002, Ch. 784, Sec. 115. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17522.5.

17522.5. (a) Notwithstanding Section 8112 of the Commercial Code and Section 700.130 of the Code of Civil Procedure, when a local child support agency pursuant to Section 17522, or the department pursuant to Section 17454 or 17500, issues a levy upon, or requires by notice any employer, person, political officer or entity, or depository institution to withhold the amount of, as applicable, a financial asset for the purpose of collecting a delinquent child support obligation, the person, financial institution, or securities intermediary (as defined in Section 8102 of the Commercial Code) in possession or control of the financial asset shall liquidate the financial asset in a commercially reasonable manner within 20 days of the issuance of the levy or the notice to withhold. Within five days of liquidation, the person, financial institution, or securities intermediary shall transfer to the State Disbursement Unit, established under Section 17309, the proceeds of the liquidation, less any reasonable commissions or fees, or both, which are charged in the normal course of business.
(b) If the value of the financial assets exceed the total amount of support due, the obligor may, within 10 days after the service of the levy or notice to withhold upon the person, financial institution, or securities intermediary, instruct the person, financial institution, or securities intermediary who possesses or controls the financial assets as to which financial assets are to be sold to satisfy the obligation for delinquent support. If the obligor does not provide instructions for liquidation, the person, financial institution, or securities intermediary who possesses or controls the financial assets shall liquidate the financial assets in a commercially reasonable manner and in an amount sufficient to cover the obligation for delinquent child support, and any reasonable commissions or fees, or both, which are charged in the normal course of business, beginning with the financial assets purchased most recently.
(c) For the purposes of this section, a financial asset shall include, but not be limited to, an uncertificated security, certificated security, or security entitlement (as defined in Section 8102 of the Commercial Code), security (as defined in Section 8103 of the Commercial Code), or a securities account (as defined in Section 8501 of the Commercial Code).
(Amended by Stats. 2016, Ch. 474, Sec. 22. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17523.

17523. (a) Notwithstanding any other provision of law, if a support obligor is delinquent in the payment of support and the local child support agency is enforcing the support obligation pursuant to Section 17400 or 17402, a lien for child support shall arise against the personal property of the support obligor in either of the following circumstances:
(1) By operation of law for all amounts of overdue support, regardless of whether the amounts have been adjudicated or otherwise determined.
(2) When either a court having continuing jurisdiction or the local child support agency determines a specific amount of arrearages is owed by the support obligor.
(b) The lien for child support shall be perfected by filing a notice of child support lien with the Secretary of State pursuant to Section 697.510 of the Code of Civil Procedure. Once filed, the child support lien shall have the same priority, force, and effect as a judgment lien on personal property pursuant to Article 3 (commencing with Section 697.510) of Chapter 2 of Division 2 of Article 9 of the Code of Civil Procedure.
(c) For purposes of this section, the following definitions shall apply:
(1) “Notice of child support lien” means a document filed with the Secretary of State that substantially complies with the requirements of Section 697.530 of the Code of Civil Procedure.
(2) “Support obligor is delinquent in payment of support” means that the support obligor has failed to make payment equal to one month’s support obligation.
(3) “Personal property” means that property that is subject to attachment by a judgment lien pursuant to Section 697.530 of the Code of Civil Procedure.
(d) Nothing in this section shall affect the priority of any of the following interests:
(1) State tax liens as set forth in Article 2 (commencing with Section 7170) of Division 7 of Title 1 of the Government Code.
(2) Liens or security interests as set forth in Article 3 (commencing with Section 697.510) of Chapter 2 of Division 2 of Article 9 of the Code of Civil Procedure.
(e) As between competing child support liens and state tax liens, a child support lien arising under this section shall have priority over a state tax lien if (1) the child support lien is filed with the Secretary of State, (2) the notice of child support lien is filed in an action or proceeding in which the obligor may become entitled to property or money judgment, or (3) the levy for child support on personal property is made, before a notice of state tax lien is filed with the Secretary of State pursuant to Section 7171 of the Government Code or filed in an action or proceeding in accordance with Section 7173 of the Government Code.
(f) A personal property lien for child support arising in another state may be enforced in the same manner and to the same extent as a personal property lien arising in this state.
(Added by Stats. 1999, Ch. 980, Sec. 15. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17523.5.

17523.5. (a) (1) Notwithstanding any other law, in connection with the duty of the department and the local child support agency to promptly and effectively collect and enforce child support obligations under Title IV-D, the transmission, filing, and recording of a lien record by departmental and local child support agency staff that arises pursuant to subdivision (a) of Section 4506 of this code or Section 697.320 of the Code of Civil Procedure against the real property of a support obligor in the form of a digital or a digitized electronic record shall be permitted and governed only by this section.
(2) A facsimile signature that complies with the requirements of paragraph (2) of subdivision (b) of Section 27201 of the Government Code shall be accepted on any document relating to a lien that is filed or recorded pursuant to this section.
(3) The department and the local child support agency may use the California Child Support Enforcement System to transmit, file, and record a lien record under this section.
(b) Nothing in this section shall be construed to require a county recorder to establish an electronic recording delivery system or to enter into a contract with an entity to implement this section.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Digital electronic record” means a record containing information that is created, generated, sent, communicated, received, or stored by electronic means, but not created in original paper form.
(2) “Digitized electronic record” means a scanned image of the original paper document.
(Amended by Stats. 2016, Ch. 474, Sec. 23. (AB 2882) Effective January 1, 2017.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17524.

17524. (a) Upon making application to the local child support agency for child support enforcement services pursuant to Section 17400, every applicant shall be requested to give the local child support agency a statement of arrearages stating whether any support arrearages are owed. If the applicant alleges arrearages are owed, the statement shall be signed under penalty of perjury.
(b) For all cases opened by the district attorney or local child support agency after December 31, 1995, the local child support agency shall enforce only arrearages declared under penalty of perjury pursuant to subdivision (a), arrearages accrued after the case was opened, or arrearages determined by the court in the child support action. Arrearages may be determined by judgment, noticed motion, renewal of judgment, or registration of the support order.
(c) For all cases opened by the district attorney on or before December 31, 1995, the local child support agency shall enforce only arrearages that have been based upon a statement of arrearages signed under penalty of perjury or where the local child support agency has some other reasonable basis for believing the amount of claimed arrearages to be correct.
(Added by Stats. 1999, Ch. 478, Sec. 1. Effective January 1, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17525.

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 Enforcement System implemented and maintained by the Department of Child Support Services pursuant to Section 17308. The notice shall further notify the obligor of the 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 does not require a state or local entity to calculate the amount of a support delinquency, except as otherwise required by law.
(Amended by Stats. 2019, Ch. 115, Sec. 158. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17526.

17526. (a) Upon request of an obligor or obligee, the local child support agency shall review the amount of arrearages alleged in a statement of arrearages that may be submitted to the local child support agency by an applicant for child support enforcement services. The local child support agency shall complete the review in the same manner and pursuant to the same timeframes as a complaint submitted pursuant to Section 17800. In the review, the local child support agency shall consider all evidence and defenses submitted by either parent on the issues of the amount of support paid or owed.
(b) The local child support agency may, in its discretion, suspend enforcement or distribution of arrearages if it believes there is a substantial probability that the result of the administrative review will result in a finding that there are no arrearages.
(c) Any party to an action involving child support enforcement services of the local child support agency may request a judicial determination of arrearages. The party may request an administrative review of the alleged arrearages prior to requesting a judicial determination of arrearages. The local child support agency shall complete the review in the same manner and pursuant to the same timeframes specified in subdivision (a). Any motion to determine arrearages filed with the court shall include a monthly breakdown showing amounts ordered and amounts paid, in addition to any other relevant information.
(d) A county that submits a claim for reimbursement as a state-mandated local program of costs incurred with respect to the administrative review of alleged child support arrearages under this section shall be ineligible for state subventions or, to the extent permitted by federal law, state-administered federal subventions, for child support in the amount of any local costs under this section.
(Amended by Stats. 2002, Ch. 927, Sec. 6.5. Effective January 1, 2003.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17530.

17530. (a) Notwithstanding any other law, this section applies to any actions taken to enforce a judgment or order for support entered as a result of action filed by the local child support agency pursuant to Section 17400, 17402, or 17404, where it is alleged that the enforcement actions have been taken in error against a person who is not the support obligor named in the judgment or order.
(b) A person claiming that a support enforcement action has been taken against that person, or the person’s wages or assets, in error, shall file a claim of mistaken identity with the local child support agency. The claim shall include verifiable information or documentation to establish that the person against whom the enforcement actions have been taken is not the person named in the support order or judgment. The local child support agency shall resolve a claim of mistaken identity submitted pursuant to this section in the same manner and timeframes provided for resolution of a complaint pursuant to Section 17800.
(c) If the local child support agency determines that a claim filed pursuant to this section is meritorious, or if the court enters an order pursuant to Section 17433, the agency shall immediately take the steps necessary to terminate all enforcement activities with respect to the claimant, to return to the claimant any assets seized, to terminate any levying activities or attachment or assignment orders, to release any license renewal or application being withheld pursuant to Section 17520, to return any sums paid by the claimant pursuant to the judgment or order, including sums paid to any federal, state, or local government, but excluding sums paid directly to the support obligee, and to ensure that all other enforcement agencies and entities cease further actions against the claimant. With respect to a claim filed under this section, the local child support agency shall also provide the claimant with a statement certifying that the claimant is not the support obligor named in the support order or judgment, which statement shall be prima facie evidence of the claimant’s identity in any subsequent enforcement proceedings or actions with respect to that support order or judgment.
(d) If the local child support agency rejects a claim pursuant to this section, or if the agency, after finding a claim to be meritorious, fails to take any of the remedial steps provided in subdivision (c), the claimant may file an action with the superior court to establish the mistaken identity or to obtain the remedies described in subdivision (c), or both.
(e) Filing a false claim pursuant to this section shall be a misdemeanor.
(Amended by Stats. 2019, Ch. 115, Sec. 160. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17531.

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.
(Added by Stats. 2000, Ch. 808, Sec. 91. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17540.

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.
(Added by Stats. 2000, Ch. 808, Sec. 92. Effective September 28, 2000.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17550.

17550. (a) The Department of Child Support Services, in consultation with the State Department of Social Services, shall establish regulations by which the local child support agency, in any case of separation or desertion of a parent from a child 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 the child, may compromise the obligor parent or parents’ liability for public assistance debt, including interest thereon, owed to the state where the child for whom public assistance was paid is residing with the obligor parent, and all of the following conditions are met:
(1) The obligor parent establishes one of the following:
(A) The child has been adjudged a dependent of the court under Section 300 of the Welfare and Institutions Code and the child has been reunified with the obligor parent pursuant to a court order.
(B) The child received public assistance while living with a guardian or relative caregiver and the child has been returned to the custody of the obligor parent, provided that the obligor parent for whom the debt compromise is being considered was the parent with whom the child resided prior to the child’s placement with the guardian or relative caregiver.
(2) The obligor parent, for whom the debt compromise is being considered, has an income less than 250 percent of the current federal poverty level.
(3) The local child support agency, pursuant to regulations set forth by the department, has determined that the compromise is necessary for the child’s support.
(b) Prior to compromising an obligor parent’s liability for debt incurred for either AFDC-FC payments provided to a child pursuant to Section 11400 of the Welfare and Institutions Code, or incurred for CalWORKs payments provided on behalf of a child, the local child support agency shall consult with the county child welfare department.
(c) This section does not relieve an obligor, who has not been reunified with their child, of any liability for public assistance debt.
(d) For the purposes of this section, the following definitions apply:
(1) “Guardian” means the legal guardian of the child, who assumed care and control of the child while the child was in the guardian’s control, and who is not a biological or adoptive parent.
(2) “Relative caregiver” means a relative as defined in subdivision (c) of Section 11362 of the Welfare and Institutions Code, who assumed primary responsibility for the child while the child was in the relative’s care and control, and who is not a biological or adoptive parent.
(e) The department shall promulgate all necessary regulations pursuant to this section on or before October 1, 2002, including regulations that set forth guidelines to be used by the local child support agency when compromising public assistance debt.
(Amended by Stats. 2019, Ch. 115, Sec. 161. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17555.

17555. (a)  Any appropriation made available in the annual Budget Act for the purposes of augmenting funding for local child support agencies in the furtherance of their revenue collection responsibilities shall be subject to all of the following requirements:
(1) Each local child support agency shall submit to the department an early intervention plan with all components to take effect upon receipt of their additional allocation as a result of this proposal.
(2) Funds shall be distributed to counties based on their performance on the following two federal performance measures:
(A) Measure 3: Collections on Current Support.
(B) Measure 4: Cases with Collections on Arrears.
(3) A local child support agency shall be required to use and ensure that 100 percent of the new funds allocated are dedicated to maintaining caseworker staffing levels in order to stabilize child support collections.
(4) At the end of each fiscal year that this augmentation is in effect, the department shall provide a report on the cost-effectiveness of this augmentation, including an assessment of caseload changes over time.
(b) It is the intent of the Legislature to review the results of this augmentation and the level of related appropriation during the legislative budget review process.
(Amended by Stats. 2012, Ch. 728, Sec. 38. (SB 71) Effective January 1, 2013.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17556.

17556. On or before March 1, 2019, and annually thereafter, the department shall submit a report to the Legislature providing information on the status of all of the following:
(a) Case-to-staff ratios for each local child support agency.
(b) Collections to families and recoupment collections to county, state, and federal governmental agencies.
(c) Cost avoidance benefits.
(d) The number of families served by the child support program.
(Added by Stats. 2018, Ch. 35, Sec. 2. (AB 1811) Effective June 27, 2018.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 2 - Collections and Enforcement › Section 17561.

17561. The Office of the Chief Information Officer and the Department of Child Support Services, beginning in 2010, shall jointly produce an annual report to be submitted on March 1, to the appropriate policy and fiscal committees of the Legislature on the ongoing implementation of the California Child Support Automation System (CCSAS), including all of the following components:
(a) A clear breakdown of funding elements for past, current, and future years.
(b) Descriptions of active functionalities and a description of their usefulness in child support collections by local child support agencies.
(c) A review of current considerations relative to federal law and policy.
(d) A policy narrative on future, planned changes to the CCSAS and how those changes will advance activities for workers, collections for the state, and payments for recipient families.
(Added by Stats. 2009, 4th Ex. Sess., Ch. 4, Sec. 3. Effective July 28, 2009.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 3 - Program Compliance › Section 17601.

17601. The department shall provide to the Legislature actual performance data on child support collections within 60 days of the end of each quarter. This data shall include all comparative data for managing program performance currently provided to local child support agencies, including national, state, and local performance data, as available. The department shall prominently post the data on its Web site, and shall require all local child support agency Web sites to prominently post a link to the state Web site. The department shall update the Legislature during the annual budget subcommittee hearing process, commencing in 2008, on the state and local progress on child support federal performance measures and collections.
(Added by Stats. 2007, Ch. 177, Sec. 1. Effective August 24, 2007.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 3 - Program Compliance › Section 17604.

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 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.
(Amended by Stats. 2013, Ch. 427, Sec. 1. (AB 1062) Effective January 1, 2014.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 4 - Program Costs › Section 17701.

17701. (a) There is established within California’s child support program a quality assurance and performance improvement program, pursuant to which local child support agencies, in partnership with the Department of Child Support Services, shall monitor and measure program performance and compliance, and ensure the implementation of actions necessary to meet state and federal requirements and to continuously improve the quality of child support program services.
(b) Under the direction and oversight of the department, each local child support agency shall implement a quality assurance and performance improvement program that shall include, at a minimum, all of the following:
(1) An annual planning process that incorporates statewide standards and requirements, and establishes local performance goals that the department and local agency agree are appropriate.
(2) The inclusion of local performance goals and other performance-related measures in the local child support agency’s Plan of Cooperation agreement with the department.
(3) Implementation of actions necessary to promote the delivery of enhanced program services and improved performance.
(4) An ongoing self-assessment process that evaluates progress in achieving performance improvement and compliance with program requirements.
(5) Regular and ongoing oversight by the department, including onsite reviews and the provision of technical assistance.
(c) The department shall promulgate regulations to implement this section.
(Added by Stats. 2003, Ch. 308, Sec. 6. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 4 - Program Costs › Section 17702.

17702. (a) The department shall assess, at least once every three years, each county’s compliance with federal and state child support laws and regulations in effect for the time period being reviewed, using a statistically valid sample of cases. Counties found to be out of compliance shall be assessed annually, until they are found to be in compliance. The information for the assessment shall be based on reviews conducted and reports produced by either state or county staff, as determined by the department.
In addition, in order to meet federal self-assessment requirements, the department shall conduct an annual assessment of the state’s compliance, using a statistically valid statewide sample of cases.
(b) A county shall be eligible for the state incentives under Section 17704 only if the department determines that the county is in compliance with all federal and state laws and regulations or if the county has a corrective action plan in place that has been certified by the department pursuant to this subdivision. If a county is determined not to be in compliance the county shall develop and submit a corrective action plan to the department. The department shall certify a corrective action plan if the department determines that the plan will put the county into compliance with federal and state laws and regulations. A county shall be eligible for state incentives under Section 17704 only for any quarter the county remains in compliance with a corrective action plan that has been certified by the department.
(c) Counties under a corrective action plan shall be assessed on a quarterly basis until the department determines that they are in compliance with federal and state child support program requirements.
(Amended by Stats. 2003, Ch. 308, Sec. 7. Effective January 1, 2004.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 4 - Program Costs › Section 17702.5.

17702.5. (a) The Child Support Collections Recovery Fund is hereby created in the State Treasury, and shall be administered by the department for the purposes specified in subdivision (c).
(b) Except as otherwise provided in this section, the fund shall consist of both of the following:
(1) All public moneys transferred by public agencies to the department for deposit into the fund, as permitted under Section 304.30 of Title 45 of the Code of Federal Regulations or any other applicable federal statutes.
(2) Any interest that accrues on amounts in the fund.
(c) Upon appropriation by the Legislature, all moneys in the fund shall be used to make payments or advances to local child support agencies of the federal share of administrative payments for costs incurred pursuant to this article.
(d) Upon repeal of this section, the Legislature intends that any moneys remaining in the fund shall be returned to the federal agency that provides federal financial participation to the department.
(Added by Stats. 2001, Ch. 111, Sec. 7. Effective July 30, 2001.)
2023 California Code › Family Code - FAM › DIVISION 17 - SUPPORT SERVICES › CHAPTER 2 - Child Support Enforcement › ARTICLE 4 - Program Costs › Section 17703.

17703. (a) A revolving fund in the State Treasury is hereby created to be known as the Child Support Services Advance Fund. All moneys deposited into the fund are for the purpose of making a consolidated payment or advance to counties, state agencies, or other governmental entities, comprised of the state and federal share of costs associated with the programs administered by the Department of Child Support Services, inclusive of the payment of refunds. In addition, the fund may be used for the purpose of making a consolidated payment to a payee, comprised of the state and federal shares of local assistance costs associated with the programs administered by the Department of Child Support Services.
(b) Payments or advances of funds to counties, state agencies, or other governmental agencies and other payees doing business with the state that are properly chargeable to appropriations or other funds in the State Treasury, may be made by a Controller’s warrant drawn against the Child Support Services Advance Fund. For every warrant so issued, a remittance advice shall be issued by the Department of Child Support Services to identify the purposes and amounts for which it was drawn.
(c) The amounts to be transferred to the Child Support Services Advance Fund at any time shall be determined by the department, and, upon order of the Controller, shall be transferred from the funds and appropriations otherwise properly chargeable.
(d) Refunds of amounts disbursed from the Child Support Services Advance Fund shall, on order of the Controller, be deposited in the Child Support Services Advance Fund, and, on order of the Controller, shall be transferred therefrom to the funds and appropriations from which those amounts were originally derived. Claims for amounts erroneously deposited into the Child Support Services Advance Fund shall be submitted by the department to the Controller who, if the claims are approved, shall draw a warrant in payment thereof against the Child Support Services Advance Fund.
(e) All amounts increasing the cash balance in the Child Support Services Advance Fund, that were derived from the cancellation of warrants issued therefrom, shall, on order of the Controller, be transferred to the appropriations from which the amounts were originally derived.
(Amended by Stats. 2019, Ch. 115, Sec. 165. (AB 1817) Effective January 1, 2020.)