17500-17561
FAMILY.CODE
SECTION 17500-17561
17500. (a) In carrying out its obligations under Title IV-D of the
Social Security Act (42 U.S.C. Sec. 651 et seq.), the department and
the local child support agency shall have the responsibility for
promptly and effectively collecting and enforcing child support
obligations.
(b) The department and the local child support agency are the
public agencies responsible for administering wage withholding for
the purposes of Title IV-D of the Social Security Act (42 U.S.C. Sec.
651 et seq.).
(c) Except as provided in Section 17450, the local child support
agency shall submit child support delinquencies to the department for
purposes of supplementing the collection efforts of the local child
support agencies. Submissions shall be in the form and manner and at
the time prescribed by the department. Collection shall be made by
the department in accordance with Section 17450. For purposes of this
subdivision, "child support delinquency" means an arrearage or
otherwise past due amount that accrues when an obligor fails to make
any court-ordered support payment when due, which is more than 60
days past due, and the aggregate amount of which exceeds one hundred
dollars ($100).
(d) If a child support delinquency exists at the time a case is
opened by the local child support agency, the responsibility for the
collection of the child support delinquency shall be submitted to the
department no later than 30 days after receipt of the case by the
local child support agency.
17502. A local child support agency that is collecting child
support payments on behalf of a child and who is unable to deliver
the payments to the obligee because the local child support agency is
unable to locate the obligee shall make all reasonable efforts to
locate the obligee for a period of six months. If the local child
support agency is unable to locate the obligee within the six-month
period, it shall return the undeliverable payments to the obligor,
with written notice advising the obligor that (a) the return of the
funds does not relieve the obligor of the support order, and (b) the
obligor should consider placing the funds aside for purposes of child
support in case the obligee appears and seeks collection of the
undistributed amounts. No interest shall accrue on any past-due child
support amount for which the obligor made payment to the local child
support agency for six consecutive months, or on any amounts due
thereafter until the obligee is located, provided that the local
child support agency returned the funds to the obligor because the
local child support agency was unable to locate the obligee and, when
the obligee was located, the obligor made full payment for all
past-due child support amounts.
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 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.
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.
17506. (a) There is in the department a California Parent Locator
Service and Central Registry that shall collect and disseminate all
of the following, with respect to any parent, putative parent,
spouse, or former spouse:
(1) The full and true name of the parent together with any known
aliases.
(2) Date and place of birth.
(3) Physical description.
(4) Social security number.
(5) Employment history and earnings.
(6) Military status and Veterans Administration or military
service serial number.
(7) Last known address, telephone number, and date thereof.
(8) Driver's license number, driving record, and vehicle
registration information.
(9) Criminal, licensing, and applicant records and information.
(10) (A) Any additional location, asset, and income information,
including income tax return information obtained pursuant to Section
19285.1 of the Revenue and Taxation Code, and to the extent permitted
by federal law, the address, telephone number, and social security
number obtained from a public utility, cable television corporation,
a provider of electronic digital pager communication, or a provider
of mobile telephony services that may be of assistance in locating
the parent, putative parent, abducting, concealing, or detaining
parent, spouse, or former spouse, in establishing a parent and child
relationship, in enforcing the child support liability of the absent
parent, or enforcing the spousal support liability of the spouse or
former spouse to the extent required by the state plan pursuant to
Section 17604.
(B) For purposes of this subdivision, "income tax return
information" means all of the following regarding the taxpayer:
(i) Assets.
(ii) Credits.
(iii) Deductions.
(iv) Exemptions.
(v) Identity.
(vi) Liabilities.
(vii) Nature, source, and amount of income.
(viii) Net worth.
(ix) Payments.
(x) Receipts.
(xi) Address.
(xii) Social security number.
(b) Pursuant to a letter of agreement entered into between the
Department of Child Support Services and the Department of Justice,
the Department of Child Support Services shall assume responsibility
for the California Parent Locator Service and Central Registry. The
letter of agreement shall, at a minimum, set forth all of the
following:
(1) Contingent upon funding in the Budget Act, the Department of
Child Support Services shall assume responsibility for leadership and
staff of the California Parent Locator Service and Central Registry
commencing July 1, 2003.
(2) All employees and other personnel who staff or provide support
for the California Parent Locator Service and Central Registry
shall, at the time of the transition, at their option, become the
employees of the Department of Child Support Services at their
existing or equivalent classification, salaries, and benefits.
(3) Until the department's automation system for the California
Parent Locator Service and Central Registry functions is fully
operational, the department shall use the automation system operated
by the Department of Justice.
(4) Any other provisions necessary to ensure continuity of
function and meet or exceed existing levels of service.
(c) To effectuate the purposes of this section, the California
Child Support Automation System, the California Parent Locator
Service and Central Registry, and the Franchise Tax Board shall
utilize the federal Parent Locator Service to the extent necessary,
and may request and shall receive from all departments, boards,
bureaus, or other agencies of the state, or any of its political
subdivisions, and those entities shall provide, that assistance and
data that will enable the Department of Child Support Services and
other public agencies to carry out their powers and duties to locate
parents, spouses, and former spouses, and to identify their assets,
to establish parent-child relationships, and to enforce liability for
child or spousal support, and for any other obligations incurred on
behalf of children, and shall also provide that information to any
local child support agency in fulfilling the duties prescribed in
Section 270 of the Penal Code, and in Chapter 8 (commencing with
Section 3130) of Part 2 of Division 8 of this code, relating to
abducted, concealed, or detained children. The California Child
Support Automation System shall be entitled to the same cooperation
and information as the California Parent Locator Service and Central
Registry to the extent allowed by law. The California Child Support
Automation System shall be allowed access to criminal record
information only to the extent that access is allowed by state and
federal law.
(d) (1) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation, or
tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California Child
Support Automation System may request and shall receive from public
utilities, as defined in Section 216 of the Public Utilities Code,
customer service information, including the full name, address,
telephone number, date of birth, employer name and address, and
social security number of customers of the public utility, to the
extent that this information is stored within the computer database
of the public utility.
(2) To effectuate the purposes of this section, and
notwithstanding any other provision of California law, regulation, or
tariff, and to the extent permitted by federal law, the California
Parent Locator Service and Central Registry and the California Child
Support Automation System may request and shall receive from cable
television corporations, as defined in Section 216.4 of the Public
Utilities Code, the providers of electronic digital pager
communication, as defined in Section 629.51 of the Penal Code, and
the providers of mobile telephony services, as defined in Section
224.4 of the Public Utilities Code, customer service information,
including the full name, address, telephone number, date of birth,
employer name and address, and social security number of customers of
the cable television corporation, customers of the providers of
electronic digital pager communication, and customers of the
providers of mobile telephony services.
(3) In order to protect the privacy of utility, cable television,
electronic digital pager communication, and mobile telephony service
customers, a request to a public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services for customer service
information pursuant to this section shall meet the following
requirements:
(A) Be submitted to the public utility, cable television
corporation, provider of electronic digital pager communication, or
provider of mobile telephony services in writing, on a transmittal
document prepared by the California Parent Locator Service and
Central Registry or the California Child Support Automation System
and approved by all of the public utilities, cable television
corporations, providers of electronic digital pager communication,
and providers of mobile telephony services. The transmittal shall be
deemed to be an administrative subpoena for customer service
information.
(B) Have the signature of a representative authorized by the
California Parent Locator Service and Central Registry or the
California Child Support Automation System.
(C) Contain at least three of the following data elements
regarding the person sought:
(i) First and last name, and middle initial, if known.
(ii) Social security number.
(iii) Driver's license number.
(iv) Birth date.
(v) Last known address.
(vi) Spouse's name.
(D) The California Parent Locator Service and Central Registry and
the California Child Support Automation System shall ensure that
each public utility, cable television corporation, provider of
electronic digital pager communication services, and provider of
mobile telephony services has at all times a current list of the
names of persons authorized to request customer service information.
(E) The California Child Support Automation System and the
California Parent Locator Service and Central Registry shall ensure
that customer service information supplied by a public utility, cable
television corporation, providers of electronic digital pager
communication, or provider of mobile telephony services is applicable
to the person who is being sought before releasing the information
pursuant to subdivision (d).
(4) During the development of the California Child Support
Automation System, the department shall determine the necessity of
additional locate sources, including those specified in this section,
based upon the cost-effectiveness of those sources.
(5) The public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider may charge a fee to the California Parent Locator Service
and Central Registry or the California Child Support Automation
System for each search performed pursuant to this subdivision to
cover the actual costs to the public utility, cable television
corporation, electronic digital pager communication provider, or
mobile telephony service provider for providing this information.
(6) No public utility, cable television corporation, electronic
digital pager communication provider, or mobile telephony service
provider or official or employee thereof, shall be subject to
criminal or civil liability for the release of customer service
information as authorized by this subdivision.
(e) Notwithstanding Section 14202 of the Penal Code, any records
established pursuant to this section shall be disseminated only to
the Department of Child Support Services, the California Child
Support Automation System, the California Parent Locator Service and
Central Registry, the parent locator services and central registries
of other states as defined by federal statutes and regulations, a
local child support agency of any county in this state, and the
federal Parent Locator Service. The California Child Support
Automation System shall be allowed access to criminal offender record
information only to the extent that access is allowed by law.
(f) (1) At no time shall any information received by the
California Parent Locator Service and Central Registry or by the
California Child Support Automation System be disclosed to any
person, agency, or other entity, other than those persons, agencies,
and entities specified pursuant to Section 17505, this section, or
any other provision of law.
(2) This subdivision shall not otherwise affect discovery between
parties in any action to establish, modify, or enforce child, family,
or spousal support, that relates to custody or visitation.
(g) (1) The Department of Justice, in consultation with the
Department of Child Support Services, shall promulgate rules and
regulations to facilitate maximum and efficient use of the California
Parent Locator Service and Central Registry. Upon implementation of
the California Child Support Automation System, the Department of
Child Support Services shall assume all responsibility for
promulgating rules and regulations for use of the California Parent
Locator Service and Central Registry.
(2) The Department of Child Support Services, the Public Utilities
Commission, the cable television corporations, providers of
electronic digital pager communication, and the providers of mobile
telephony services shall develop procedures for obtaining the
information described in subdivision (c) from public utilities, cable
television corporations, providers of electronic digital pager
communication, and providers of mobile telephony services and for
compensating the public utilities, cable television corporations,
providers of electronic digital pager communication, and providers of
mobile telephony services for providing that information.
(h) The California Parent Locator Service and Central Registry may
charge a fee not to exceed eighteen dollars ($18) for any service it
provides pursuant to this section that is not performed or funded
pursuant to Section 651 and following of Title 42 of the United
States Code.
(i) This section shall be construed in a manner consistent with
the other provisions of this article.
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.
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.
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.
17512. (a) Upon receipt of a written request from a local child
support agency enforcing the obligation of parents to support their
children pursuant to Section 17400, or from an agency of another
state enforcing support obligations pursuant to Section 654 of Title
42 of the United States Code, every employer, as specified in Section
5210, and every labor organization shall cooperate with and provide
relevant employment and income information that they have in their
possession to the local child support agency or other requesting
agency for the purpose of establishing, modifying, or enforcing the
support obligation. No employer or labor organization shall incur any
liability for providing this information to the local child support
agency or other requesting agency.
(b) Relevant employment and income information shall include, but
not be limited to, all of the following:
(1) Whether a named person has or has not been employed by an
employer or whether a named person has or has not been employed to
the knowledge of the labor organization.
(2) The full name of the employee or member or the first and
middle initial and last name of the employee or member.
(3) The employee's or member's last known residence address.
(4) The employee's or member's date of birth.
(5) The employee's or member's social security number.
(6) The dates of employment.
(7) All earnings paid to the employee or member and reported as
W-2 compensation in the prior tax year and the employee's or member's
current basic rate of pay.
(8) Other earnings, as specified in Section 5206, paid to the
employee or member.
(9) Whether dependent health insurance coverage is available to
the employee through employment or membership in the labor
organization.
(c) The local child support agency or other agency shall notify
the employer and labor organization of the local child support agency
case file number in making a request pursuant to this section. The
written request shall include at least three of the following
elements regarding the person who is the subject of the inquiry: (A)
first and last name and middle initial, if known; (B) social security
number; (C) driver's license number; (D) birth date; (E) last known
address; or (F) spouse's name.
(d) The local child support agency or other requesting agency
shall send a notice that a request for this information has been made
to the last known address of the person who is the subject of the
inquiry.
(e) An employer or labor organization that fails to provide
relevant employment information to the local child support agency or
other requesting agency within 30 days of receiving a request
pursuant to subdivision (a) may be assessed a civil penalty of a
maximum of one thousand dollars ($1,000), plus attorneys' fees and
costs. Proceedings to impose the civil penalty shall be commenced by
the filing and service of an order to show cause.
(f) "Labor organization," for the purposes of this section means a
labor organization as defined in Section 1117 of the Labor Code or
any related benefit trust fund covered under the federal Employee
Retirement Income Security Act of 1974 (Chapter 18 (commencing with
Section 1001) of Title 29 of the United States Code).
(g) Any reference to the local child support agency in this
section shall apply only when the local child support agency is
otherwise ordered or required to act pursuant to existing law.
Nothing in this section shall be deemed to mandate additional
enforcement or collection duties upon the local child support agency
beyond those imposed under existing law on the effective date of this
section.
17514. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child abduction and recovery programs, by
ensuring the confidentiality of 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
17400, and Chapter 6 (commencing with Section 4800) 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 this subdivision, all files,
applications, papers, documents, and records, established or
maintained by any public entity for the purpose of locating an
abducted child, locating a person who has abducted a child, or
prosecution of a person who has abducted a child shall be
confidential, and shall not be open to examination or released for
disclosure for any purpose not directly connected with locating or
recovering the abducted child or abducting person or prosecution of
the abducting person.
(2) Except as provided in subdivision (c), no public entity shall
disclose any file, application, paper document, or record described
in this section, or the information contained therein.
(c) (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 prosecution conducted in
connection with the child abduction or prosecution of the abducting
person.
(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) Public records subject to disclosure under Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code may be released.
(4) After a noticed motion and a finding by the court, in a case
in which child recovery or abduction prosecution actions are being
taken, that release or disclosure is required by due process of law,
the court may order a public entity that possesses an application,
paper, document, or record described in this subdivision to make that
item available to the defendant or other party for examination or
copying, or to disclose to an appropriate person the contents of that
item. Article 9 (commencing with Section 1040) of Chapter 4 of
Division 8 of the Evidence Code shall not be applicable to
proceedings under this part.
(5) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a minor child, or location of a concealed or abducted child
or the location of the concealing or abducting person, may be
disclosed to 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.
(6) Information may be released to any state or local agency for
the purposes connected with establishing, modifying, and enforcing
child support obligations, enforcing spousal support orders, and
determining paternity as required by Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code and this article.
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.
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.
17520. (a) As used in this section:
(1) "Applicant" means any person applying for issuance or renewal
of a license.
(2) "Board" means any entity specified in Section 101 of the
Business and Professions Code, the entities referred to in Sections
1000 and 3600 of the Business and Professions Code, the State Bar,
the Department of Real Estate, the Department of Motor Vehicles, the
Secretary of State, the Department of Fish and Game, and any other
state commission, department, committee, examiner, or agency that
issues a license, certificate, credential, permit, registration, or
any other authorization to engage in a business, occupation, or
profession, or to the extent required by federal law or regulations,
for recreational purposes. This term includes all boards,
commissions, departments, committees, examiners, entities, and
agencies that issue a license, certificate, credential, permit,
registration, or any other authorization to engage in a business,
occupation, or profession. The failure to specifically name a
particular board, commission, department, committee, examiner,
entity, or agency that issues a license, certificate, credential,
permit, registration, or any other authorization to engage in a
business, occupation, or profession does not exclude that board,
commission, department, committee, examiner, entity, or agency from
this term.
(3) "Certified list" means a list provided by the local child
support agency to the Department of Child Support Services in which
the local child support agency verifies, under penalty of perjury,
that the names contained therein are support obligors found to be out
of compliance with a judgment or order for support in a case being
enforced under Title IV-D of the Social Security Act.
(4) "Compliance with a judgment or order for support" means that,
as set forth in a judgment or order for child or family support, the
obligor is no more than 30 calendar days in arrears in making
payments in full for current support, in making periodic payments in
full, whether court ordered or by agreement with the local child
support agency, on a support arrearage, or in making periodic
payments in full, whether court ordered or by agreement with the
local child support agency, on a judgment for reimbursement for
public assistance, or has obtained a judicial finding that equitable
estoppel as provided in statute or case law precludes enforcement of
the order. The local child support agency is authorized to use this
section to enforce orders for spousal support only when the local
child support agency is also enforcing a related child support
obligation owed to the obligee parent by the same obligor, pursuant
to Sections 17400 and 17604.
(5) "License" includes membership in the State Bar, and a
certificate, credential, permit, registration, or any other
authorization issued by a board that allows a person to engage in a
business, occupation, or profession, or to operate a commercial motor
vehicle, including appointment and commission by the Secretary of
State as a notary public. "License" also includes any driver's
license issued by the Department of Motor Vehicles, any commercial
fishing license issued by the Department of Fish and Game, and to the
extent required by federal law or regulations, any license used for
recreational purposes. This term includes all licenses, certificates,
credentials, permits, registrations, or any other authorization
issued by a board that allows a person to engage in a business,
occupation, or profession. The failure to specifically name a
particular type of license, certificate, credential, permit,
registration, or other authorization issued by a board that allows a
person to engage in a business, occupation, or profession, does not
exclude that license, certificate, credential, permit, registration,
or other authorization from this term.
(6) "Licensee" means any person holding a license, certificate,
credential, permit, registration, or other authorization issued by a
board, to engage in a business, occupation, or profession, or a
commercial driver's license as defined in Section 15210 of the
Vehicle Code, including an appointment and commission by the
Secretary of State as a notary public. "Licensee" also means any
person holding a driver's license issued by the Department of Motor
Vehicles, any person holding a commercial fishing license issued by
the Department of Fish and Game, and to the extent required by
federal law or regulations, any person holding a license used for
recreational purposes. This term includes all persons holding a
license, certificate, credential, permit, registration, or any other
authorization to engage in a business, occupation, or profession, and
the failure to specifically name a particular type of license,
certificate, credential, permit, registration, or other authorization
issued by a board does not exclude that person from this term. For
licenses issued to an entity that is not an individual person,
"licensee" includes any individual who is either listed on the
license or who qualifies for the license.
(b) The local child support agency shall maintain a list of those
persons included in a case being enforced under Title IV-D of the
Social Security Act against whom a support order or judgment has been
rendered by, or registered in, a court of this state, and who are
not in compliance with that order or judgment. The local child
support agency shall submit a certified list with the names, social
security numbers, and last known addresses of these persons and the
name, address, and telephone number of the local child support agency
who certified the list to the department. The local child support
agency shall verify, under penalty of perjury, that the persons
listed are subject to an order or judgment for the payment of support
and that these persons are not in compliance with the order or
judgment. The local child support agency shall submit to the
department an updated certified list on a monthly basis.
(c) The department shall consolidate the certified lists received
from the local child support agencies and, within 30 calendar days of
receipt, shall provide a copy of the consolidated list to each board
that is responsible for the regulation of licenses, as specified in
this section.
(d) On or before November 1, 1992, or as soon thereafter as
economically feasible, as determined by the department, all boards
subject to this section shall implement procedures to accept and
process the list provided by the department, in accordance with this
section. Notwithstanding any other law, all boards shall collect
social security numbers from all applicants for the purposes of
matching the names of the certified list provided by the department
to applicants and licensees and of responding to requests for this
information made by child support agencies.
(e) (1) Promptly after receiving the certified consolidated list
from the department, and prior to the issuance or renewal of a
license, each board shall determine whether the applicant is on the
most recent certified consolidated list provided by the department.
The board shall have the authority to withhold issuance or renewal of
the license of any applicant on the list.
(2) If an applicant is on the list, the board shall immediately
serve notice as specified in subdivision (f) on the applicant of the
board's intent to withhold issuance or renewal of the license. The
notice shall be made personally or by mail to the applicant's last
known mailing address on file with the board. Service by mail shall
be complete in accordance with Section 1013 of the Code of Civil
Procedure.
(A) The board shall issue a temporary license valid for a period
of 150 days to any applicant whose name is on the certified list if
the applicant is otherwise eligible for a license.
(B) Except as provided in subparagraph (D), the 150-day time
period for a temporary license shall not be extended. Except as
provided in subparagraph (D), only one temporary license shall be
issued during a regular license term and it shall coincide with the
first 150 days of that license term. As this paragraph applies to
commercial driver's licenses, "license term" shall be deemed to be 12
months from the date the application fee is received by the
Department of Motor Vehicles. A license for the full or remainder of
the license term shall be issued or renewed only upon compliance with
this section.
(C) In the event that a license or application for a license or
the renewal of a license is denied pursuant to this section, any
funds paid by the applicant or licensee shall not be refunded by the
board.
(D) This paragraph shall apply only in the case of a driver's
license, other than a commercial driver's license. Upon the request
of the local child support agency or by order of the court upon a
showing of good cause, the board shall extend a 150-day temporary
license for a period not to exceed 150 extra days.
(3) (A) The department may, when it is economically feasible for
the department and the boards to do so as determined by the
department, in cases where the department is aware that certain child
support obligors listed on the certified lists have been out of
compliance with a judgment or order for support for more than four
months, provide a supplemental list of these obligors to each board
with which the department has an interagency agreement to implement
this paragraph. Upon request by the department, the licenses of these
obligors shall be subject to suspension, provided that the licenses
would not otherwise be eligible for renewal within six months from
the date of the request by the department. The board shall have the
authority to suspend the license of any licensee on this supplemental
list.
(B) If a licensee is on a supplemental list, the board shall
immediately serve notice as specified in subdivision (f) on the
licensee that his or her license will be automatically suspended 150
days after notice is served, unless compliance with this section is
achieved. The notice shall be made personally or by mail to the
licensee's last known mailing address on file with the board. Service
by mail shall be complete in accordance with Section 1013 of the
Code of Civil Procedure.
(C) The 150-day notice period shall not be extended.
(D) In the event that any license is suspended pursuant to this
section, any funds paid by the licensee shall not be refunded by the
board.
(E) This paragraph shall not apply to licenses subject to annual
renewal or annual fee.
(f) Notices shall be developed by each board in accordance with
guidelines provided by the department and subject to approval by the
department. The notice shall include the address and telephone number
of the local child support agency that submitted the name on the
certified list, and shall emphasize the necessity of obtaining a
release from that local child support agency as a condition for the
issuance, renewal, or continued valid status of a license or
licenses.
(1) In the case of applicants not subject to paragraph (3) of
subdivision (e), the notice shall inform the applicant that the board
shall issue a temporary license, as provided in subparagraph (A) of
paragraph (2) of subdivision (e), for 150 calendar days if the
applicant is otherwise eligible and that upon expiration of that time
period the license will be denied unless the board has received a
release from the local child support agency that submitted the name
on the certified list.
(2) In the case of licensees named on a supplemental list, the
notice shall inform the licensee that his or her license will
continue in its existing status for no more than 150 calendar days
from the date of mailing or service of the notice and thereafter will
be suspended indefinitely unless, during the 150-day notice period,
the board has received a release from the local child support agency
that submitted the name on the certified list. Additionally, the
notice shall inform the licensee that any license suspended under
this section will remain so until the expiration of the remaining
license term, unless the board receives a release along with
applications and fees, if applicable, to reinstate the license during
the license term.
(3) The notice shall also inform the applicant or licensee that if
an application is denied or a license is suspended pursuant to this
section, any funds paid by the applicant or licensee shall not be
refunded by the board. The Department of Child Support Services shall
also develop a form that the applicant shall use to request a review
by the local child support agency. A copy of this form shall be
included with every notice sent pursuant to this subdivision.
(g) (1) Each local child support agency shall maintain review
procedures consistent with this section to allow an applicant to have
the underlying arrearage and any relevant defenses investigated, to
provide an applicant information on the process of obtaining a
modification of a support order, or to provide an applicant
assistance in the establishment of a payment schedule on arrearages
if the circumstances so warrant.
(2) It is the intent of the Legislature that a court or local
child support agency, when determining an appropriate payment
schedule for arrearages, base its decision on the facts of the
particular case and the priority of payment of child support over
other debts. The payment schedule shall also recognize that certain
expenses may be essential to enable an obligor to be employed.
Therefore, in reaching its decision, the court or the local child
support agency shall consider both of these goals in setting a
payment schedule for arrearages.
(h) If the applicant wishes to challenge the submission of his or
her name on the certified list, the applicant shall make a timely
written request for review to the local child support agency who
certified the applicant's name. A request for review pursuant to this
section shall be resolved in the same manner and timeframe provided
for resolution of a complaint pursuant to Section 17800. The local
child support agency shall immediately send a release to the
appropriate board and the applicant, if any of the following
conditions are met:
(1) The applicant is found to be in compliance or negotiates an
agreement with the local child support agency for a payment schedule
on arrearages or reimbursement.
(2) The applicant has submitted a request for review, but the
local child support agency will be unable to complete the review and
send notice of its findings to the applicant within the time
specified in Section 17800.
(3) The applicant has filed and served a request for judicial
review pursuant to this section, but a resolution of that review will
not be made within 150 days of the date of service of notice
pursuant to subdivision (f). This paragraph applies only if the delay
in completing the judicial review process is not the result of the
applicant's failure to act in a reasonable, timely, and diligent
manner upon receiving the local child support agency's notice of
findings.
(4) The applicant has obtained a judicial finding of compliance as
defined in this section.
(i) An applicant is required to act with diligence in responding
to notices from the board and the local child support agency with the
recognition that the temporary license will lapse or the license
suspension will go into effect after 150 days and that the local
child support agency and, where appropriate, the court must have time
to act within that period. An applicant's delay in acting, without
good cause, which directly results in the inability of the local
child support agency to complete a review of the applicant's request
or the court to hear the request for judicial review within the
150-day period shall not constitute the diligence required under this
section which would justify the issuance of a release.
(j) Except as otherwise provided in this section, the local child
support agency shall not issue a release if the applicant is not in
compliance with the judgment or order for support. The local child
support agency shall notify the applicant in writing that the
applicant may, by filing an order to show cause or notice of motion,
request any or all of the following:
(1) Judicial review of the local child support agency's decision
not to issue a release.
(2) A judicial determination of compliance.
(3) A modification of the support judgment or order.
The notice shall also contain the name and address of the court in
which the applicant shall file the order to show cause or notice of
motion and inform the applicant that his or her name shall remain on
the certified list if the applicant does not timely request judicial
review. The applicant shall comply with all statutes and rules of
court regarding orders to show cause and notices of motion.
Nothing in this section shall be deemed to limit an applicant from
filing an order to show cause or notice of motion to modify a
support judgment or order or to fix a payment schedule on arrearages
accruing under a support judgment or order or to obtain a court
finding of compliance with a judgment or order for support.
(k) The request for judicial review of the local child support
agency's decision shall state the grounds for which review is
requested and judicial review shall be limited to those stated
grounds. The court shall hold an evidentiary hearing within 20
calendar days of the filing of the request for review. Judicial
review of the local child support agency's decision shall be limited
to a determination of each of the following issues:
(1) Whether there is a support judgment, order, or payment
schedule on arrearages or reimbursement.
(2) Whether the petitioner is the obligor covered by the support
judgment or order.
(3) Whether the support obligor is or is not in compliance with
the judgment or order of support.
(4) (A) The extent to which the needs of the obligor, taking into
account the obligor's payment history and the current circumstances
of both the obligor and the obligee, warrant a conditional release as
described in this subdivision.
(B) The request for judicial review shall be served by the
applicant upon the local child support agency that submitted the
applicant's name on the certified list within seven calendar days of
the filing of the petition. The court has the authority to uphold the
action, unconditionally release the license, or conditionally
release the license.
(C) If the judicial review results in a finding by the court that
the obligor is in compliance with the judgment or order for support,
the local child support agency shall immediately send a release in
accordance with subdivision (l) to the appropriate board and the
applicant. If the judicial review results in a finding by the court
that the needs of the obligor warrant a conditional release, the
court shall make findings of fact stating the basis for the release
and the payment necessary to satisfy the unrestricted issuance or
renewal of the license without prejudice to a later judicial
determination of the amount of support arrearages, including
interest, and shall specify payment terms, compliance with which are
necessary to allow the release to remain in effect.
(l) The department shall prescribe release forms for use by local
child support agencies. When the obligor is in compliance, the local
child support agency shall mail to the applicant and the appropriate
board a release stating that the applicant is in compliance. The
receipt of a release shall serve to notify the applicant and the
board that, for the purposes of this section, the applicant is in
compliance with the judgment or order for support. Any board that has
received a release from the local child support agency pursuant to
this subdivision shall process the release within five business days
of its receipt.
If the local child support agency determines subsequent to the
issuance of a release that the applicant is once again not in
compliance with a judgment or order for support, or with the terms of
repayment as described in this subdivision, the local child support
agency may notify the board, the obligor, and the department in a
format prescribed by the department that the obligor is not in
compliance.
The department may, when it is economically feasible for the
department and the boards to develop an automated process for
complying with this subdivision, notify the boards in a manner
prescribed by the department, that the obligor is once again not in
compliance. Upon receipt of this notice, the board shall immediately
notify the obligor on a form prescribed by the department that the
obligor's license will be suspended on a specific date, and this date
shall be no longer than 30 days from the date the form is mailed.
The obligor shall be further notified that the license will remain
suspended until a new release is issued in accordance with
subdivision (h). Nothing in this section shall be deemed to limit the
obligor from seeking judicial review of suspension pursuant to the
procedures described in subdivision (k).
(m) The department may enter into interagency agreements with the
state agencies that have responsibility for the administration of
boards necessary to implement this section, to the extent that it is
cost-effective to implement this section. These agreements shall
provide for the receipt by the other state agencies and boards of
federal funds to cover that portion of costs allowable in federal law
and regulation and incurred by the state agencies and boards in
implementing this section. Notwithstanding any other provision of
law, revenue generated by a board or state agency shall be used to
fund the nonfederal share of costs incurred pursuant to this section.
These agreements shall provide that boards shall reimburse the
department for the nonfederal share of costs incurred by the
department in implementing this section. The boards shall reimburse
the department for the nonfederal share of costs incurred pursuant to
this section from moneys collected from applicants and licensees.
(n) Notwithstanding any other provision of law, in order for the
boards subject to this section to be reimbursed for the costs
incurred in administering its provisions, the boards may, with the
approval of the appropriate department director, levy on all
licensees and applicants a surcharge on any fee or fees collected
pursuant to law, or, alternatively, with the approval of the
appropriate department director, levy on the applicants or licensees
named on a certified list or supplemental list, a special fee.
(o) The process described in subdivision (h) shall constitute the
sole administrative remedy for contesting the issuance of a temporary
license or the denial or suspension of a license under this section.
The procedures specified in the administrative adjudication
provisions of the Administrative Procedure Act (Chapter 4.5
(commencing with Section 11400) and Chapter 5 (commencing with
Section 11500) of Part 1 of Division 3 of Title 2 of the Government
Code) shall not apply to the denial, suspension, or failure to issue
or renew a license or the issuance of a temporary license pursuant to
this section.
(p) In furtherance of the public policy of increasing child
support enforcement and collections, on or before November 1, 1995,
the State Department of Social Services shall make a report to the
Legislature and the Governor based on data collected by the boards
and the district attorneys in a format prescribed by the State
Department of Social Services. The report shall contain all of the
following:
(1) The number of delinquent obligors certified by district
attorneys under this section.
(2) The number of support obligors who also were applicants or
licensees subject to this section.
(3) The number of new licenses and renewals that were delayed,
temporary licenses issued, and licenses suspended subject to this
section and the number of new licenses and renewals granted and
licenses reinstated following board receipt of releases as provided
by subdivision (h) by May 1, 1995.
(4) The costs incurred in the implementation and enforcement of
this section.
(q) Any board receiving an inquiry as to the licensed status of an
applicant or licensee who has had a license denied or suspended
under this section or has been granted a temporary license under this
section shall respond only that the license was denied or suspended
or the temporary license was issued pursuant to this section.
Information collected pursuant to this section by any state agency,
board, or department shall be subject to the Information Practices
Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of
Part 4 of Division 3 of the Civil Code).
(r) Any rules and regulations issued pursuant to this section by
any state agency, board, or department may be adopted as emergency
regulations in accordance with 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 adoption of these regulations shall be deemed an emergency and
necessary for the immediate preservation of the public peace, health,
and safety, or general welfare. The regulations shall become
effective immediately upon filing with the Secretary of State.
(s) The department and boards, as appropriate, shall adopt
regulations necessary to implement this section.
(t) The Judicial Council shall develop the forms necessary to
implement this section, except as provided in subdivisions (f) and
(l).
(u) The release or other use of information received by a board
pursuant to this section, except as authorized by this section, is
punishable as a misdemeanor.
(v) The State Board of Equalization shall enter into interagency
agreements with the department and the Franchise Tax Board that will
require the department and the Franchise Tax Board to maximize the
use of information collected by the State Board of Equalization, for
child support enforcement purposes, to the extent it is
cost-effective and permitted by the Revenue and Taxation Code.
(w) (1) The suspension or revocation of any driver's license,
including a commercial driver's license, under this section shall not
subject the licensee to vehicle impoundment pursuant to Section
14602.6 of the Vehicle Code.
(2) Notwithstanding any other provision of law, the suspension or
revocation of any driver's license, including a commercial driver's
license, under this section shall not subject the licensee to
increased costs for vehicle liability insurance.
(x) If any provision of this section or the application thereof to
any person or circumstance is held invalid, that invalidity shall
not affect other provisions or applications of this section which can
be given effect without the invalid provision or application, and to
this end the provisions of this section are severable.
(y) All rights to administrative and judicial review afforded by
this section to an applicant shall also be afforded to a licensee.
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.
17522. (a) Notwithstanding any other law, if any support obligor is
delinquent in the payment of support for at least 30 days and the
local child support agency is enforcing the support obligation
pursuant to Section 17400, the local child support agency may collect
the delinquency or enforce any lien by levy served on all persons
having in their possession, or who will have in their possession or
under their control, any credits or personal property belonging to
the delinquent support obligor, or who owe any debt to the obligor at
the time they receive the notice of levy.
(b) A levy may be issued by a local child support agency for a
support obligation that accrued under a court order or judgment if
the obligor had notice of the accrued support arrearage as provided
in this section, and did not make a timely request for review.
(c) The notice requirement shall be satisfied by the local child
support agency sending a statement of support arrearages to the
obligor at the obligor's last known address by first-class mail,
postage prepaid. The notice shall advise the obligor of the amount of
the support arrearage. The notice shall advise the obligor that the
obligor may have the arrearage determination reviewed by
administrative procedures and state how the review may be obtained.
The local child support agency shall conduct the review pursuant to
this section in the same manner and timeframe provided for resolution
of a complaint pursuant to Section 17800. The notice shall also
advise the obligor of his or her right to seek a judicial
determination of arrearages pursuant to Section 17526 and shall
include a form to be filed with the court to request a judicial
determination of arrearages. If the obligor requests an
administrative review of the arrearage determination within 20 days
from the date the notice was mailed to the obligor, the local child
support agency may not issue the levy for a disputed amount of
support until the administrative review procedure is completed.
(d) If the obligor requests a judicial determination of the
arrearages within 20 days from the date the notice was mailed to the
obligor, the local child support agency shall not issue the levy for
a disputed amount of support until the judicial determination is
complete.
(e) Any person upon whom a levy has been served having in his or
her possession or under his or her control any credits or personal
property belonging to the delinquent support obligor or owing any
debts to the delinquent support obligor at the time of receipt of the
levy or coming into his or her possession or under his or her
control within one year of receipt of the notice of levy, shall
surrender the credits or personal property to the local child support
agency or pay to the local child support agency the amount of any
debt owing the delinquent support obligor within 10 days of service
of the levy, and shall surrender the credits or personal property, or
the amount of any debt owing to the delinquent support obligor
coming into his or her own possession or control within one year of
receipt of the notice of levy within 10 days of the date of coming
into possession or control of the credits or personal property or the
amount of any debt owing to the delinquent support obligor.
(f) Any person who surrenders any credits or personal property or
pays the debts owing the delinquent support obligor to the local
child support agency pursuant to this section shall be discharged
from any obligation or liability to the delinquent support obligor to
the extent of the amount paid to the local child support agency as a
result of the levy.
(g) If the levy is made on a deposit or credits or personal
property in the possession or under the control of a bank, savings
and loan association, or other financial institution as defined by
Section 669A(d)(1) of Title 42 of the United States Code, the notice
of levy may be delivered or mailed to a centralized location
designated by the bank, savings and loan association, or other
financial institution pursuant to Section 689.040 of the Code of
Civil Procedure.
(h) Any person who is served with a levy pursuant to this section
and who fails or refuses to surrender any credits or other personal
property or pay any debts owing to the delinquent support obligor
shall be liable in his or her own person or estate to the local child
support agency in an amount equal to the value of the credits or
other personal property or in the amount of the levy, up to the
amount specified in the levy.
(i) If any amount required to be paid pursuant to a levy under
this section is not paid when due, the local child support