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California Assembly Bill AB1683

California 2023-2024 Regular Session

California Assembly Bill AB1683 Compare Versions

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11 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1683Introduced by Assembly Member BryanFebruary 17, 2023 An act to amend Section 17552 of the Family Code, relating to child welfare agencies. LEGISLATIVE COUNSEL'S DIGESTAB 1683, as introduced, Bryan. Child welfare agencies: enforcement.Existing law requires the State Department of Social Services to promulgate regulations for county child welfare departments, including, but not limited to, any case of separation or desertion of a parent from a child that results in foster care assistance payments, payments for a minor child placed in the same home as a minor or nonminor dependent parent, and California Work Opportunity and Responsibility to Kids (CalWORKs) payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 17552 of the Family Code is amended to read:17552. (a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of, or aid under subdivision (c) of Section 10101 of, the Welfare and Institutions Code, shall determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. If reunification services are not offered or are terminated, the case may be referred to the local child support agency, unless the childs permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may compromise the stability of the current placement with the related guardian, or the permanent plan is transitional foster care for the nonminor under Section 11403 of the Welfare and Institutions Code. In making the determination, the department regulations shall provide the factors the county child welfare department shall consider, including:(A) Whether the payment of support by the parent will pose a barrier to the proposed reunification, in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.(B) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.(2) The departments regulations shall require the county welfare department, in making the determination pursuant to under paragraph (1), to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(b) The department regulations shall provide that, when the county child welfare department determines that it is not in the best interest of the child to seek a support order against the parent, the county child welfare department shall refrain from referring the case to the local child support agency. The regulations shall define those circumstances in which it is not in the best interest of the child to refer the case to the local child support agency. The regulations shall include the presumption described in paragraph (2) of subdivision (a) that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(c) The department regulations shall provide, when the county child welfare department determines that it is not in the childs best interest to have the case referred to the local child support agency, the county child welfare department shall review that determination periodically to coincide with the redetermination of AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs eligibility under Section 11265 of, or Kin-GAP eligibility under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, and shall refer the childs case to the local child support agency upon a determination that, due to a change in the childs circumstances, it is no longer contrary to the childs best interest to have the case referred to the local child support agency.(d) Notwithstanding any other law, a nonminor dependent, as described in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is over 19 years of age, is not a child for purposes of referral to the local child support agency for collection or enforcement of child support.(e) Notwithstanding any other law, a minor or a nonminor dependent, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who has a minor child placed in the same licensed or approved facility pursuant to under Section 11401.4 of the Welfare and Institutions Code is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support.(f) The State Department of Social Services shall revise its regulations to implement the changes made by the act that added this subdivision on or before October 1, 2023.
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33 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 1683Introduced by Assembly Member BryanFebruary 17, 2023 An act to amend Section 17552 of the Family Code, relating to child welfare agencies. LEGISLATIVE COUNSEL'S DIGESTAB 1683, as introduced, Bryan. Child welfare agencies: enforcement.Existing law requires the State Department of Social Services to promulgate regulations for county child welfare departments, including, but not limited to, any case of separation or desertion of a parent from a child that results in foster care assistance payments, payments for a minor child placed in the same home as a minor or nonminor dependent parent, and California Work Opportunity and Responsibility to Kids (CalWORKs) payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court.This bill would make technical, nonsubstantive changes to these provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
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99 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
1010
1111 Assembly Bill
1212
1313 No. 1683
1414
1515 Introduced by Assembly Member BryanFebruary 17, 2023
1616
1717 Introduced by Assembly Member Bryan
1818 February 17, 2023
1919
2020 An act to amend Section 17552 of the Family Code, relating to child welfare agencies.
2121
2222 LEGISLATIVE COUNSEL'S DIGEST
2323
2424 ## LEGISLATIVE COUNSEL'S DIGEST
2525
2626 AB 1683, as introduced, Bryan. Child welfare agencies: enforcement.
2727
2828 Existing law requires the State Department of Social Services to promulgate regulations for county child welfare departments, including, but not limited to, any case of separation or desertion of a parent from a child that results in foster care assistance payments, payments for a minor child placed in the same home as a minor or nonminor dependent parent, and California Work Opportunity and Responsibility to Kids (CalWORKs) payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court.This bill would make technical, nonsubstantive changes to these provisions.
2929
3030 Existing law requires the State Department of Social Services to promulgate regulations for county child welfare departments, including, but not limited to, any case of separation or desertion of a parent from a child that results in foster care assistance payments, payments for a minor child placed in the same home as a minor or nonminor dependent parent, and California Work Opportunity and Responsibility to Kids (CalWORKs) payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court.
3131
3232 This bill would make technical, nonsubstantive changes to these provisions.
3333
3434 ## Digest Key
3535
3636 ## Bill Text
3737
3838 The people of the State of California do enact as follows:SECTION 1. Section 17552 of the Family Code is amended to read:17552. (a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of, or aid under subdivision (c) of Section 10101 of, the Welfare and Institutions Code, shall determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. If reunification services are not offered or are terminated, the case may be referred to the local child support agency, unless the childs permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may compromise the stability of the current placement with the related guardian, or the permanent plan is transitional foster care for the nonminor under Section 11403 of the Welfare and Institutions Code. In making the determination, the department regulations shall provide the factors the county child welfare department shall consider, including:(A) Whether the payment of support by the parent will pose a barrier to the proposed reunification, in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.(B) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.(2) The departments regulations shall require the county welfare department, in making the determination pursuant to under paragraph (1), to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(b) The department regulations shall provide that, when the county child welfare department determines that it is not in the best interest of the child to seek a support order against the parent, the county child welfare department shall refrain from referring the case to the local child support agency. The regulations shall define those circumstances in which it is not in the best interest of the child to refer the case to the local child support agency. The regulations shall include the presumption described in paragraph (2) of subdivision (a) that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(c) The department regulations shall provide, when the county child welfare department determines that it is not in the childs best interest to have the case referred to the local child support agency, the county child welfare department shall review that determination periodically to coincide with the redetermination of AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs eligibility under Section 11265 of, or Kin-GAP eligibility under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, and shall refer the childs case to the local child support agency upon a determination that, due to a change in the childs circumstances, it is no longer contrary to the childs best interest to have the case referred to the local child support agency.(d) Notwithstanding any other law, a nonminor dependent, as described in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is over 19 years of age, is not a child for purposes of referral to the local child support agency for collection or enforcement of child support.(e) Notwithstanding any other law, a minor or a nonminor dependent, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who has a minor child placed in the same licensed or approved facility pursuant to under Section 11401.4 of the Welfare and Institutions Code is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support.(f) The State Department of Social Services shall revise its regulations to implement the changes made by the act that added this subdivision on or before October 1, 2023.
3939
4040 The people of the State of California do enact as follows:
4141
4242 ## The people of the State of California do enact as follows:
4343
4444 SECTION 1. Section 17552 of the Family Code is amended to read:17552. (a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of, or aid under subdivision (c) of Section 10101 of, the Welfare and Institutions Code, shall determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. If reunification services are not offered or are terminated, the case may be referred to the local child support agency, unless the childs permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may compromise the stability of the current placement with the related guardian, or the permanent plan is transitional foster care for the nonminor under Section 11403 of the Welfare and Institutions Code. In making the determination, the department regulations shall provide the factors the county child welfare department shall consider, including:(A) Whether the payment of support by the parent will pose a barrier to the proposed reunification, in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.(B) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.(2) The departments regulations shall require the county welfare department, in making the determination pursuant to under paragraph (1), to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(b) The department regulations shall provide that, when the county child welfare department determines that it is not in the best interest of the child to seek a support order against the parent, the county child welfare department shall refrain from referring the case to the local child support agency. The regulations shall define those circumstances in which it is not in the best interest of the child to refer the case to the local child support agency. The regulations shall include the presumption described in paragraph (2) of subdivision (a) that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(c) The department regulations shall provide, when the county child welfare department determines that it is not in the childs best interest to have the case referred to the local child support agency, the county child welfare department shall review that determination periodically to coincide with the redetermination of AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs eligibility under Section 11265 of, or Kin-GAP eligibility under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, and shall refer the childs case to the local child support agency upon a determination that, due to a change in the childs circumstances, it is no longer contrary to the childs best interest to have the case referred to the local child support agency.(d) Notwithstanding any other law, a nonminor dependent, as described in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is over 19 years of age, is not a child for purposes of referral to the local child support agency for collection or enforcement of child support.(e) Notwithstanding any other law, a minor or a nonminor dependent, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who has a minor child placed in the same licensed or approved facility pursuant to under Section 11401.4 of the Welfare and Institutions Code is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support.(f) The State Department of Social Services shall revise its regulations to implement the changes made by the act that added this subdivision on or before October 1, 2023.
4545
4646 SECTION 1. Section 17552 of the Family Code is amended to read:
4747
4848 ### SECTION 1.
4949
5050 17552. (a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of, or aid under subdivision (c) of Section 10101 of, the Welfare and Institutions Code, shall determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. If reunification services are not offered or are terminated, the case may be referred to the local child support agency, unless the childs permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may compromise the stability of the current placement with the related guardian, or the permanent plan is transitional foster care for the nonminor under Section 11403 of the Welfare and Institutions Code. In making the determination, the department regulations shall provide the factors the county child welfare department shall consider, including:(A) Whether the payment of support by the parent will pose a barrier to the proposed reunification, in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.(B) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.(2) The departments regulations shall require the county welfare department, in making the determination pursuant to under paragraph (1), to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(b) The department regulations shall provide that, when the county child welfare department determines that it is not in the best interest of the child to seek a support order against the parent, the county child welfare department shall refrain from referring the case to the local child support agency. The regulations shall define those circumstances in which it is not in the best interest of the child to refer the case to the local child support agency. The regulations shall include the presumption described in paragraph (2) of subdivision (a) that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(c) The department regulations shall provide, when the county child welfare department determines that it is not in the childs best interest to have the case referred to the local child support agency, the county child welfare department shall review that determination periodically to coincide with the redetermination of AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs eligibility under Section 11265 of, or Kin-GAP eligibility under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, and shall refer the childs case to the local child support agency upon a determination that, due to a change in the childs circumstances, it is no longer contrary to the childs best interest to have the case referred to the local child support agency.(d) Notwithstanding any other law, a nonminor dependent, as described in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is over 19 years of age, is not a child for purposes of referral to the local child support agency for collection or enforcement of child support.(e) Notwithstanding any other law, a minor or a nonminor dependent, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who has a minor child placed in the same licensed or approved facility pursuant to under Section 11401.4 of the Welfare and Institutions Code is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support.(f) The State Department of Social Services shall revise its regulations to implement the changes made by the act that added this subdivision on or before October 1, 2023.
5151
5252 17552. (a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of, or aid under subdivision (c) of Section 10101 of, the Welfare and Institutions Code, shall determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. If reunification services are not offered or are terminated, the case may be referred to the local child support agency, unless the childs permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may compromise the stability of the current placement with the related guardian, or the permanent plan is transitional foster care for the nonminor under Section 11403 of the Welfare and Institutions Code. In making the determination, the department regulations shall provide the factors the county child welfare department shall consider, including:(A) Whether the payment of support by the parent will pose a barrier to the proposed reunification, in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.(B) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.(2) The departments regulations shall require the county welfare department, in making the determination pursuant to under paragraph (1), to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(b) The department regulations shall provide that, when the county child welfare department determines that it is not in the best interest of the child to seek a support order against the parent, the county child welfare department shall refrain from referring the case to the local child support agency. The regulations shall define those circumstances in which it is not in the best interest of the child to refer the case to the local child support agency. The regulations shall include the presumption described in paragraph (2) of subdivision (a) that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(c) The department regulations shall provide, when the county child welfare department determines that it is not in the childs best interest to have the case referred to the local child support agency, the county child welfare department shall review that determination periodically to coincide with the redetermination of AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs eligibility under Section 11265 of, or Kin-GAP eligibility under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, and shall refer the childs case to the local child support agency upon a determination that, due to a change in the childs circumstances, it is no longer contrary to the childs best interest to have the case referred to the local child support agency.(d) Notwithstanding any other law, a nonminor dependent, as described in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is over 19 years of age, is not a child for purposes of referral to the local child support agency for collection or enforcement of child support.(e) Notwithstanding any other law, a minor or a nonminor dependent, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who has a minor child placed in the same licensed or approved facility pursuant to under Section 11401.4 of the Welfare and Institutions Code is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support.(f) The State Department of Social Services shall revise its regulations to implement the changes made by the act that added this subdivision on or before October 1, 2023.
5353
5454 17552. (a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of, or aid under subdivision (c) of Section 10101 of, the Welfare and Institutions Code, shall determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. If reunification services are not offered or are terminated, the case may be referred to the local child support agency, unless the childs permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may compromise the stability of the current placement with the related guardian, or the permanent plan is transitional foster care for the nonminor under Section 11403 of the Welfare and Institutions Code. In making the determination, the department regulations shall provide the factors the county child welfare department shall consider, including:(A) Whether the payment of support by the parent will pose a barrier to the proposed reunification, in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.(B) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.(2) The departments regulations shall require the county welfare department, in making the determination pursuant to under paragraph (1), to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(b) The department regulations shall provide that, when the county child welfare department determines that it is not in the best interest of the child to seek a support order against the parent, the county child welfare department shall refrain from referring the case to the local child support agency. The regulations shall define those circumstances in which it is not in the best interest of the child to refer the case to the local child support agency. The regulations shall include the presumption described in paragraph (2) of subdivision (a) that the payment of support by the parent is likely to pose a barrier to the proposed reunification.(c) The department regulations shall provide, when the county child welfare department determines that it is not in the childs best interest to have the case referred to the local child support agency, the county child welfare department shall review that determination periodically to coincide with the redetermination of AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs eligibility under Section 11265 of, or Kin-GAP eligibility under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, and shall refer the childs case to the local child support agency upon a determination that, due to a change in the childs circumstances, it is no longer contrary to the childs best interest to have the case referred to the local child support agency.(d) Notwithstanding any other law, a nonminor dependent, as described in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is over 19 years of age, is not a child for purposes of referral to the local child support agency for collection or enforcement of child support.(e) Notwithstanding any other law, a minor or a nonminor dependent, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who has a minor child placed in the same licensed or approved facility pursuant to under Section 11401.4 of the Welfare and Institutions Code is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support.(f) The State Department of Social Services shall revise its regulations to implement the changes made by the act that added this subdivision on or before October 1, 2023.
5555
5656
5757
5858 17552. (a) (1) The State Department of Social Services, in consultation with the Department of Child Support Services, shall promulgate regulations by which the county child welfare department, in any case of separation or desertion of a parent or parents from a child that results in foster care assistance payments under Section 11400 of, or a voluntary placement under Section 11401.1 of, or the payments for a minor child placed in the same home as a minor or nonminor dependent parent under Section 11401.4 of, the Welfare and Institutions Code, or CalWORKs payments to a caretaker relative of a child who comes within the jurisdiction of the juvenile court under Section 300, 601, or 602 of the Welfare and Institutions Code, who has been removed from the parental home and placed with the caretaker relative by court order, and who is under the supervision of the county child welfare agency or probation department under Section 11250 of, or Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of, or aid under subdivision (c) of Section 10101 of, the Welfare and Institutions Code, shall determine whether it is in the best interests of the child or nonminor to have the case referred to the local child support agency for child support services. If reunification services are not offered or are terminated, the case may be referred to the local child support agency, unless the childs permanent plan is legal guardianship with a relative who is receiving Kin-GAP and the payment of support by the parent may compromise the stability of the current placement with the related guardian, or the permanent plan is transitional foster care for the nonminor under Section 11403 of the Welfare and Institutions Code. In making the determination, the department regulations shall provide the factors the county child welfare department shall consider, including:
5959
6060 (A) Whether the payment of support by the parent will pose a barrier to the proposed reunification, in that the payment of support will compromise the parents ability to meet the requirements of the parents reunification plan.
6161
6262 (B) Whether the payment of support by the parent will pose a barrier to the proposed reunification in that the payment of support will compromise the parents current or future ability to meet the financial needs of the child.
6363
6464 (2) The departments regulations shall require the county welfare department, in making the determination pursuant to under paragraph (1), to presume that the payment of support by the parent is likely to pose a barrier to the proposed reunification.
6565
6666 (b) The department regulations shall provide that, when the county child welfare department determines that it is not in the best interest of the child to seek a support order against the parent, the county child welfare department shall refrain from referring the case to the local child support agency. The regulations shall define those circumstances in which it is not in the best interest of the child to refer the case to the local child support agency. The regulations shall include the presumption described in paragraph (2) of subdivision (a) that the payment of support by the parent is likely to pose a barrier to the proposed reunification.
6767
6868 (c) The department regulations shall provide, when the county child welfare department determines that it is not in the childs best interest to have the case referred to the local child support agency, the county child welfare department shall review that determination periodically to coincide with the redetermination of AFDC-FC eligibility under Section 11401.5 of, or the CalWORKs eligibility under Section 11265 of, or Kin-GAP eligibility under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9 of, the Welfare and Institutions Code, and shall refer the childs case to the local child support agency upon a determination that, due to a change in the childs circumstances, it is no longer contrary to the childs best interest to have the case referred to the local child support agency.
6969
7070 (d) Notwithstanding any other law, a nonminor dependent, as described in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who is over 19 years of age, is not a child for purposes of referral to the local child support agency for collection or enforcement of child support.
7171
7272 (e) Notwithstanding any other law, a minor or a nonminor dependent, as defined in subdivision (v) of Section 11400 of the Welfare and Institutions Code, who has a minor child placed in the same licensed or approved facility pursuant to under Section 11401.4 of the Welfare and Institutions Code is not a parent for purposes of referral to the local child support agency for collection or enforcement of child support.
7373
7474 (f) The State Department of Social Services shall revise its regulations to implement the changes made by the act that added this subdivision on or before October 1, 2023.