California
Undertakes Massive Restructuring
of Its Child Support System
by
Debra Bernard, J.D.
Law Offices of James P. Reape
When Governor Gray
Davis signed AB 196 into law, he created a new state agency in
charge of centralizing the collection and enforcement of child
support in California. This was done in an effort to drastically
improve the statewide average collection rate of under 20 percent,
one of the worst in the nation. The law puts the newly created
Department of Child Support Services on a fast track to full implementation
to the new system by January 2003.
The law removes the
power of 58 country district attorneys, who for 25 years have had
almost complete autonomy in deciding how to collect unpaid support.
The district attorneys have operated with different forms, procedures
and priorities.
The current complex
child support system involves the State Department of Social Services,
Attorney Generals Office, Franchise Tax Board, Employment Development
Department, Department of Motor Vehicles and California's 58 county
district attorney offices. Lack of coordination and integration
between these agencies was seen as the major impediment in getting
support to the children of this state. The new Department of Child
Support Services will be the single agency to administer the state
plan to secure child, spousal support, medical support and determine
paternity. It will develop uniform policies, procedures, and forms
to be employed statewide by all local child support agencies. It
will administer all services and perform all functions necessary
to establish, collect and distribute child support.
Governor Davis will
soon appoint a director for the new agency who will oversee the
massive transition. The director will be responsible for implementing
and managing the single statewide automated child support system
that will comply with state and federal requirements. The director
will have direct management and control of local child support agencies.
No other local or state agency shall have such authority.
In drafting the law,
the legislature felt that the state would benefit by keeping local
counties responsible for collecting support. To minimize disruption
of services the law creates local child support agencies that will
keep the current existing staff and facilities of the family support
division of the district attorney offices. The local agencies will
continue to have authority to secure and enforce obligations by
administering wage withholding, enforcing liens, denying licenses
and referring cases to the District Attorney's office for criminal
prosecution. Managers of the local agencies shall be responsible
for reporting to and responding to the director on all aspects of
the child support program.
The new law will give
the Franchise Tax Board (FTB) greater authority in the enforcement
and collection of child support delinquencies. The local agencies
will be transferring all child support delinquencies directly to
the FTB for collection. The FTB will be authorized to attach bank
accounts , wages and tax refunds. It is anticipated that an additional
400,000 delinquent accounts will be transferred to the FTB, adding
on to its current level of collecting from over 500,000 delinquent
accounts. The local agency may refer obligations that are not delinquent
to the FTB.
The new law will require
local agencies to send The Public Employees' Retirement System (PERS)
information about support orders and delinquencies so that it can
intercept benefits.
District Attorney's
have vowed to cooperate with the transition process, however, many
have expressed concern that the state takeover will take away county
funds. Gil Garcetti, Los Angeles County District Attorney, is anxious
to make the transition as quickly as possible. Los Angeles may be
the first county to convert to state control because it has one
of the worst collections rates in the state and the nation.
California is already
under the gun for missing the October 1, 1997 deadline imposed by
the federal government via the Federal Family Support Act of 1988.
This law required there be a single state agency for Child Support
Enforcement and a centralized computer system. Monetary penalties
imposed by the federal government will continue until California
is in full compliance. The statutory deadline is January 1, 2003.
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