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FAMILY CODE SECTION 17600-17604

17600. (a) The Legislature finds and declares all of the following:
(1) The Legislative Analyst has found that county child support
enforcement programs provide a net increase in revenues to the state.
(2) The state has a fiscal interest in ensuring that county child
support enforcement programs perform efficiently.
(3) The state does not provide information to counties on child
support enforcement programs, based on common denominators that would
facilitate comparison of program performance.
(4) Providing this information would allow county officials to
monitor program performance and to make appropriate modifications to
improve program efficiency.
(5) This information is required for effective management of the
child support program.
(b) Except as provided in this subdivision commencing with the
1998-99 fiscal year, and for each fiscal year thereafter, each county
that is participating in the state incentive program described in
Section 17704 shall provide to the department, and the department
shall compile from this county child support information, monthly and
annually, all of the following performance-based data, as
established by the federal incentive funding system, provided that
the department may revise the data required by this paragraph in
order to conform to the final federal incentive system data
definitions:
(1) One of the following data relating to paternity establishment,
as required by the department, provided that the department shall
require all counties to report on the same measurement:
(A) The total number of children in the caseload governed by Part
D (commencing with Section 451) of Title IV of the federal Social
Security Act (42 U.S.C. Sec. 651 et seq.), as of the end of the
federal fiscal year, who were born to unmarried parents for whom
paternity was established or acknowledged, and the total number of
children in that caseload, as of the end of the preceding federal
fiscal year, who were born to unmarried parents.
(B) The total number of minor children who were born in the state
to unmarried parents for whom paternity was established or
acknowledged during a federal fiscal year, and the total number of
children in the state born to unmarried parents during the preceding
calendar year.
(2) The number of cases governed by Part D (commencing with
Section 451) of Title IV of the federal Social Security Act (42
U.S.C. Sec. 651 et seq.) during the federal fiscal year and the total
number of those cases with support orders.
(3) The total dollars collected during the federal fiscal year for
current support in cases governed by Part D (commencing with Section
451) of Title IV of the federal Social Security Act (42 U.S.C. Sec.
651 et seq.) and the total number of dollars owing for current
support during that federal fiscal year in cases governed by those
provisions.
(4) The total number of cases for the federal fiscal year governed
by Part D (commencing with Section 451) of Title IV of the federal
Social Security Act (42 U.S.C. Sec. 651 et seq.) in which payment was
being made toward child support arrearages and the total number of
cases for that fiscal year governed by these federal provisions that
had child support arrearages.
(5) The total number of dollars collected and expended during a
federal fiscal year in cases governed by Part D (commencing with
Section 451) of Title IV of the federal Social Security Act (42
U.S.C. Sec. 651 et seq.).
(6) The total amount of child support dollars collected during a
federal fiscal year, and, if and when required by federal law, the
amount of these collections broken down by collections distributed on
behalf of current recipients of federal Temporary Assistance for
Needy Families block grant funds or federal foster care funds, on
behalf of former recipients of federal Temporary Assistance for Needy
Families block grant funds or federal foster care funds, or on
behalf of persons who have never been recipients of these federal
funds.
(c) In addition to the information required by subdivision (b),
the department shall collect, on a monthly basis, from each county
that is participating in the state incentive program described in
Section 17704, information on the local child support agency for each
federal fiscal year, and shall report semiannually on all of the
following performance measurements:
(1) The percentage of cases with collections of current support.
This percentage shall be calculated by dividing the number of cases
with an order for current support by the number of those cases with
collections of current support. The number of cases with support
collected shall include only the number of cases actually receiving a
collection, not the number of payments received. Cases with a
medical support order that do not have an order for current support
may not be counted.
(2) The average amount collected per case for all cases with
collections.
(3) The percentage of cases that had a support order established
during the period. A support order shall be counted as established
only when the appropriate court has issued an order for child
support, including an order for temporary child support, or an order
for medical support.
(4) The total cost of administering the local child support
agency, including the federal, state, and county share of the costs,
and the federal and state incentives received by each county. The
total cost of administering the program shall be broken down by the
following:
(A) The direct costs of the program, broken down further by total
employee salaries and benefits, a list of the number of employees
broken down into at least the following categories: attorneys,
administrators, caseworkers, investigators, and clerical support;
contractor costs; space charges; and payments to other county
agencies. Employee salaries and numbers need only be reported in the
annual report.
(B) The indirect costs, showing all overhead charges.
(5) In addition, the local child support agency shall report
monthly on measurements developed by the department that provide data
on the following:
(A) Locating obligors.
(B) Obtaining and enforcing medical support.
(C) Providing customer service.
(D) Any other measurements that the director determines to be an
appropriate determination of a local child support agency’s
performance.
(6) A county may apply for an exemption from any or all of the
reporting requirements of this subdivision for a fiscal year by
submitting an application for the exemption to the department at
least three months prior to the commencement of the fiscal year or
quarter for which the exemption is sought. A county shall provide a
separate justification for each data element under this subdivision
for which the county is seeking an exemption and the cost to the
county of providing the data. The department may not grant an
exemption for more than one year. The department may grant a single
exemption only if both of the following conditions are met:
(A) The county cannot compile the data being sought through its
existing automated system or systems.
(B) The county cannot compile the data being sought through manual
means or through an enhanced automated system or systems without
significantly harming the child support collection efforts of the
county.
(d) After implementation of the statewide automated system, in
addition to the information required by subdivision (b), the
Department of Child Support Services shall collect, on a monthly
basis, from each county that is participating in the state incentive
program described in Section 17704, information on the county child
support enforcement program beginning with the 1998-99 fiscal year or
a later fiscal year, as appropriate, and for each subsequent fiscal
year, and shall report semiannually on all of the following
measurements:
(1) For each of the following support collection categories, the
number of cases with support collected shall include only the number
of cases actually receiving a collection, not the number of payments
received.
(A) (i) The number of cases with collections for current support.
(ii) The number of cases with arrears collections only.
(iii) The number of cases with both current support and arrears
collections.
(B) For cases with current support only due:
(i) The number of cases in which the full amount of current
support owed was collected.
(ii) The number of cases in which some amount of current support,
but less than the full amount of support owed, was collected.
(iii) The number of cases in which no amount of support owed was
collected.
(C) For cases in which arrears only were owed:
(i) The number of cases in which all arrears owed were collected.
(ii) The number of cases in which some amount of arrears, but less
than the full amount of arrears owed, were collected.
(iii) The number of cases in which no amount of arrears owed were
collected.
(D) For cases in which both current support and arrears are owed:
(i) The number of cases in which the full amount of current
support and arrears owed were collected.
(ii) The number of cases in which some amount of current support
and arrears, but less than the full amount of support owed, were
collected.
(iii) The number of cases in which no amount of support owed was
collected.
(E) The total number of cases in which an amount was due for
current support only.
(F) The total number of cases in which an amount was due for both
current support and arrears.
(G) The total number of cases in which an amount was due for
arrears only.
(H) For cases with current support due, the number of cases
without orders for medical support and the number of cases with an
order for medical support.
(2) The number of alleged fathers or obligors who were served with
a summons and complaint to establish paternity or a support order,
and the number of alleged fathers or obligors for whom it is required
that paternity or a support order be established. In order to be
counted under this paragraph, the alleged father or obligor shall be
successfully served with process. An alleged father shall be counted
under this paragraph only once if he is served with process
simultaneously for both a paternity and a support order proceeding
for the same child or children. For purposes of this paragraph, a
support order shall include a medical support order.
(3) The number of new asset seizures or successful initial
collections on a wage assignment for purposes of child support
collection. For purposes of this paragraph, a collection made on a
wage assignment shall be counted only once for each wage assignment
issued.
(4) The number of children requiring paternity establishment and
the number of children for whom paternity has been established during
the period. Paternity may only be established once for each child.
Any child for whom paternity is not at issue shall not be counted in
the number of children for whom paternity has been established. For
this purpose, paternity is not at issue if the parents were married
and neither parent challenges paternity or a voluntary paternity
declaration has been executed by the parents prior to the local child
support agency obtaining the case and neither parent challenges
paternity.
(5) The number of cases requiring that a support order be
established and the number of cases that had a support order
established during the period. A support order shall be counted as
established only when the appropriate court has issued an order for
child support, including an order for temporary child support, or an
order for medical support.
(6) The total cost of administering the local child support
agency, including the federal, state, and county share of the costs
and the federal and state incentives received by each county. The
total cost of administering the program shall be broken down by the
following:
(A) The direct costs of the program, broken down further by total
employee salaries and benefits, a list of the number of employees
broken down into at least the following categories: attorneys,
administrators, caseworkers, investigators, and clerical support;
contractor costs; space charges; and payments to other county
agencies. Employee salaries and numbers need only be reported in the
annual report.
(B) The indirect costs, showing all overhead charges.
(7) The total child support collections due, broken down by
current support, interest on arrears, and principal, and the total
child support collections that have been collected, broken down by
current support, interest on arrears, and principal.
(8) The actual case status for all cases in the county child
support enforcement program. Each case shall be reported in one case
status only. If a case falls within more than one status category, it
shall be counted in the first status category of the list set forth
below in which it qualifies. The following shall be the case status
choices:
(A) No support order, location of obligor parent required.
(B) No support order, alleged obligor parent located and paternity
required.
(C) No support order, location and paternity not at issue but
support order must be established.
(D) Support order established with current support obligation and
obligor is in compliance with support obligation.
(E) Support order established with current support obligation,
obligor is in arrears, and location of obligor is necessary.
(F) Support order established with current support obligation,
obligor is in arrears, and location of obligor’s assets is necessary.
(G) Support order established with current support obligation,
obligor is in arrears, and no location of obligor or obligor’s assets
is necessary.
(H) Support order established with current support obligation,
obligor is in arrears, the obligor is located, but the local child
support agency has established satisfactorily that the obligor has no
income or assets and no ability to earn.
(I) Support order established with current support obligation and
arrears, obligor is paying the current support and is paying some or
all of the interest on the arrears, but is paying no principal.
(J) Support order established for arrears only and obligor is
current in repayment obligation.
(K) Support order established for arrears only, obligor is not
current in arrears repayment schedule, and location of obligor is
required.
(L) Support order established for arrears only, obligor is not
current in arrears repayment schedule, and location of obligor’s
assets is required.
(M) Support order established for arrears only, obligor is not
current in arrears repayment schedule, and no location of obligor or
obligor’s assets is required.
(N) Support order established for arrears only, obligor is not
current in arrears repayment, and the obligor is located, but the
local child support agency has established satisfactorily that the
obligor has no income or assets and no ability to earn.
(O) Support order established for arrears only and obligor is
repaying some or all of the interest, but no principal.
(P) Other, if necessary, to be defined in the regulations
promulgated under subdivision (e).
(e) Upon implementation of the statewide automated system, or at
the time that the department determines that compliance with this
subdivision is possible, whichever is earlier, each county that is
participating in the state incentive program described in Section
17704 shall collect and report, and the department shall compile for
each participating county, information on the county child support
program in each fiscal year, all of the following data, in a manner
that facilitates comparison of counties and the entire state, except
that the department may eliminate or modify the requirement to report
any data mandated to be reported pursuant to this subdivision if the
department determines that the local child support agencies are
unable to accurately collect and report the information or that
collecting and reporting of the data by the local child support
agencies will be onerous:
(1) The number of alleged obligors or fathers who receive CalWORKs
benefits, CalFresh benefits, and Medi-Cal benefits.
(2) The number of obligors or alleged fathers who are in state
prison or county jail.
(3) The number of obligors or alleged fathers who do not have a
social security number.
(4) The number of obligors or alleged fathers whose address is
unknown.
(5) The number of obligors or alleged fathers whose complete name,
consisting of at least a first and last name, is not known by the
local child support agency.
(6) The number of obligors or alleged fathers who filed a tax
return with the Franchise Tax Board in the last year for which a data
match is available.
(7) The number of obligors or alleged fathers who have no income
reported to the Employment Development Department during the third
quarter of the fiscal year.
(8) The number of obligors or alleged fathers who have income
between one dollar ($1) and five hundred dollars ($500) reported to
the Employment Development Department during the third quarter of the
fiscal year.
(9) The number of obligors or alleged fathers who have income
between five hundred one dollars ($501) and one thousand five hundred
dollars ($1,500) reported to the Employment Development Department
during the third quarter of the fiscal year.
(10) The number of obligors or alleged fathers who have income
between one thousand five hundred one dollars ($1,501) and two
thousand five hundred dollars ($2,500) reported to the Employment
Development Department during the third quarter of the fiscal year.
(11) The number of obligors or alleged fathers who have income
between two thousand five hundred one dollars ($2,501) and three
thousand five hundred dollars ($3,500) reported to the Employment
Development Department during the third quarter of the fiscal year.
(12) The number of obligors or alleged fathers who have income
between three thousand five hundred one dollars ($3,501) and four
thousand five hundred dollars ($4,500) reported to the Employment
Development Department during the third quarter of the fiscal year.
(13) The number of obligors or alleged fathers who have income
between four thousand five hundred one dollars ($4,501) and five
thousand five hundred dollars ($5,500) reported to the Employment
Development Department during the third quarter of the fiscal year.
(14) The number of obligors or alleged fathers who have income
between five thousand five hundred one dollars ($5,501) and six
thousand five hundred dollars ($6,500) reported to the Employment
Development Department during the third quarter of the fiscal year.
(15) The number of obligors or alleged fathers who have income
between six thousand five hundred one dollars ($6,501) and seven
thousand five hundred dollars ($7,500) reported to the Employment
Development Department during the third quarter of the fiscal year.
(16) The number of obligors or alleged fathers who have income
between seven thousand five hundred one dollars ($7,501) and nine
thousand dollars ($9,000) reported to the Employment Development
Department during the third quarter of the fiscal year.
(17) The number of obligors or alleged fathers who have income
exceeding nine thousand dollars ($9,000) reported to the Employment
Development Department during the third quarter of the fiscal year.
(18) The number of obligors or alleged fathers who have two or
more employers reporting earned income to the Employment Development
Department during the third quarter of the fiscal year.
(19) The number of obligors or alleged fathers who receive
unemployment benefits during the third quarter of the fiscal year.
(20) The number of obligors or alleged fathers who receive state
disability benefits during the third quarter of the fiscal year.
(21) The number of obligors or alleged fathers who receive workers’
compensation benefits during the third quarter of the fiscal year.
(22) The number of obligors or alleged fathers who receive Social
Security Disability Insurance benefits during the third quarter of
the fiscal year.
(23) The number of obligors or alleged fathers who receive
Supplemental Security Income/State Supplementary Program for the
Aged, Blind and Disabled benefits during the third quarter of the
fiscal year.
(f) The department, in consultation with the Legislative Analyst’s
Office, the Judicial Council, the California Family Support Council,
and child support advocates, shall develop regulations to ensure
that all local child support agencies report the data required by
this section uniformly and consistently throughout California.
(g) For each federal fiscal year, the department shall provide the
information for all participating counties to each member of a
county board of supervisors, county executive officer, local child
support agency, and the appropriate policy committees and fiscal
committees of the Legislature on or before June 30, of each fiscal
year. The department shall provide data semiannually, based on the
federal fiscal year, on or before December 31, of each year. The
department shall present the information in a manner that facilitates
comparison of county performance.
(h) For purposes of this section, “case” means a noncustodial
parent, whether mother, father, or putative father, who is, or
eventually may be, obligated under law for support of a child or
children. For purposes of this definition, a noncustodial parent
shall be counted once for each family that has a dependent child he
or she may be obligated to support.
(i) This section shall be operative only for as long as Section
17704 requires participating counties to report data to the
department.

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.

17602. (a) The department shall adopt the federal minimum standards
as the baseline standard of performance for the local child support
agencies and work in consultation with the local child support
agencies to develop program performance targets on an annual federal
fiscal year basis. The performance measures shall include, at a
minimum, the federal performance measures and the state performance
measures, as described in subdivision (c) of Section 17600. The
program performance targets shall represent ongoing improvement in
the performance measures for each local child support agency, as well
as the department’s statewide performance level.
(b) In determining the performance measures in subdivision (a),
the department shall consider the total amount of uncollected child
support arrearages that are realistically collectible. The director
shall analyze, in consultation with local child support agencies and
child support advocates, the current amount of uncollected child
support arrearages statewide and in each county to determine the
amount of child support that may realistically be collected. The
director shall consider, in conducting the analysis, factors that may
influence collections, including demographic factors such as welfare
caseload, levels of poverty and unemployment, rates of incarceration
of obligors, and age of delinquencies. The director shall use this
analysis to establish program priorities as provided in paragraph (7)
of subdivision (b) of Section 17306.
(c) The department shall use the performance-based data, and the
criteria for that data, as set forth in Section 17600 to determine a
local child support agency’s performance measures for the quarter.
(d) The director shall adopt a three phase process to be used
statewide when a local child support agency is out of compliance with
the performance standards adopted pursuant to subdivision (a), or
the director determines that the local child support agency is
failing in a substantial manner to comply with any provision of the
state plan, the provisions of this code, the requirements of federal
law, the regulations of the department, or the cooperative agreement.
The director shall adopt policies as to the implementation of each
phase, including requirements for measurement of progress and
improvement which shall be met as part of the performance improvement
plan specified in paragraphs (1) and (2), in order to avoid
implementation of the next phase of compliance. The director shall
not implement any of these phases until July 1, 2001, or until six
months after a local child support agency has completed its
transition from the office of the district attorney to the new county
department of child support services, whichever is later. The phases
shall include the following:
(1) Phase I: Development of a performance improvement plan that is
prepared jointly by the local child support agency and the
department, subject to the department’s final approval. The plan
shall provide performance expectations and goals for achieving
compliance with the state plan and other state and federal laws and
regulations that must be reviewed and assessed within specific
timeframes in order to avoid execution of Phase II.
(2) Phase II: Onsite investigation, evaluation and oversight of
the local child support agency by the department. The director shall
appoint program monitoring teams to make site visits, conduct
educational and training sessions, and help the local child support
agency identify and attack problem areas. The program monitoring
teams shall evaluate all aspects of the functions and performance of
the local child support agency, including compliance with state and
federal laws and regulations. Based on these investigations and
evaluations, the program monitoring team shall develop a final
performance improvement plan and shall oversee implementation of all
recommendations made in the plan. The local child support agency
shall adhere to all recommendations made by the program monitoring
team. The plan shall provide performance expectations and compliance
goals that must be reviewed and assessed within specific timeframes
in order to avoid execution of Phase III.
(3) Phase III: The director shall assume, either directly or
through agreement with another entity, responsibility for the
management of the child and spousal support enforcement program in
the county until the local child support agency provides reasonable
assurances to the director of its intention and ability to comply.
During the period of state management responsibility, the director or
his or her authorized representative shall have all of the powers
and responsibilities of the local child support agency concerning the
administration of the program. The local child support agency shall
be responsible for providing any funds as may be necessary for the
continued operation of the program. If the local child support agency
fails or refuses to provide these funds, including a sufficient
amount to reimburse any and all costs incurred by the department in
managing the program, the Controller may deduct an amount certified
by the director as necessary for the continued operation of the
program by the department from any state or federal funds payable to
the county for any purpose.
(e) The director shall report in writing to the Legislature
semiannually, beginning July 1, 2001, on the status of the state
child support enforcement program. The director shall submit data
semiannually to the Legislature, the Governor, and the public, on the
progress of all local child support agencies in each performance
measure, including identification of the local child support agencies
that are out of compliance, the performance measures that they have
failed to satisfy, and the performance improvement plan that is being
taken for each.

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.