WELFARE AND INSTITUTIONS CODE
SECTION 11475.2-11487.5
11475.2. (a) If at any time the Director of Social Services
considers any public agency, which is required by law, by delegation
of the department, or by cooperative agreement, to perform functions
relating to the state plan for securing child and spousal support and
determining paternity, to be failing in a substantial manner to
comply with any provision of the state plan, the director shall put
that agency on written notice to that effect.
The state plan concerning spousal support shall apply only to
spousal support included in a child support order.
In this chapter the term spousal support shall include support for
a former spouse.
(b) If the director determines that there is a failure on the part
of that public agency to comply with the provisions of the state
plan, or if the State Personnel Board certifies to the director that
that public agency is not in conformity with applicable merit system
standards under Part 2.5 (commencing with Section 19800) of Division
5 of Title 2 of the Government Code, and that sanctions are necessary
to secure compliance, the director may invoke either or both of the
following sanctions:
(1) Withhold part or all of state and federal funds, including
incentive funds, from that public agency until the public agency
shall make a showing to the director of full compliance.
(2) Notify the Attorney General that there has been a failure to
comply with the state plan and the Attorney General shall take
appropriate action to secure compliance.
(c) Notwithstanding Sections 15200 and 15204.2, in the event of a
federal statewide child support program audit, review, or other
measure of program compliance or performance which results in the
reduction of federal funding for the Title IV-A program, the state
shall fund 100 percent of the federal reduction to ensure the
continuation of funding for allowable aid payments and related
administrative costs associated with the AFDC program.
(d) In the event of a federal determination to reduce or modify
federal funding for the Title IV-A program as a result of improper or
inadequate county administration of the child and spousal support
enforcement program, the department shall pass on to the counties any
federal sanction levied on or after January 1, 1991, regardless of
the date of the underlying federal audit, except for any sanctions
resulting from the 1986 audit or federal followup. For the purposes
of this section, the date of levy is the date the federal government
actually reduces, withholds, or otherwise modifies the state's
funding.
(e) The sanction shall be assessed as follows:
(1) The state shall assume responsibility for 50 percent of the
total federal sanction.
(2) Each county shall be assessed an amount equal to the amount of
increased county costs which would occur based on application of
Sections 15200 and 15204.2.
(3) For each county found to be out of compliance based on the
reviews conducted pursuant to Section 15200.8, the county shall be
assessed an amount equal to one-half the rate of the federal sanction
multiplied by the county's total federal Title IV-A program funding.
(4) For each county found to be marginally in compliance based on
the reviews conducted pursuant to Section 15200.8, the county shall
be assessed an amount equal to one-quarter the rate of the federal
sanction multiplied by the county's total federal Title IV-A program
funding. For the purposes of this section, a county is marginally in
compliance if it attains at least 75 percent, but not more than 80
percent, compliance with case processing criteria.
(5) In the event the amount of the federal sanction is less than
the amount required to apply paragraphs (1), (2), (3), and (4),
county liability under paragraph (4) shall be reduced accordingly. In
the event county liability under paragraph (4) is eliminated and the
amount of the federal sanction is less than the amount required to
apply paragraphs (1), (2), and (3), county liability under paragraph
(3) shall be reduced accordingly.
(6) The review pursuant to Section 15200.8 which was conducted
closest to the date the federal sanction was levied shall be used to
determine which counties are out of compliance and marginally in
compliance.
(f) There shall be established a sanction credit which shall
consist of any net increase in state revenue resulting from any
increase of more than 9 3/4 percent in distributed collections on
behalf of families receiving Aid to Families with Dependent Children
for each of the previous three state fiscal years.
(1) The balance of the sanction after application of subdivision
(e) shall be reduced by the amount of the sanction credit.
(2) In the event the sanction credit exceeds the balance of the
sanction after application of paragraph (1), the amount exceeding the
balance shall be used to reduce the liability of marginally
compliant counties under paragraph (4) of subdivision (e). Any
further balance shall be used to reduce the liability of
out-of-compliance counties under paragraph (3) of subdivision (e).
(3) In the event the sanction credit does not fully offset the
balance of the sanction after application of paragraph (1), the state
shall be responsible for 50 percent of the unmet balance, and the
remaining 50 percent shall be distributed to all counties in
proportion to their total Title IV-A program funding.
(g) The sanction assessed a county pursuant to this section shall
be levied as a general assessment against the county. Notwithstanding
Section 15200.97, a county may use any funds paid to that county
pursuant to Sections 15200.1, 15200.2, 15200.3, 15200.6, 15200.7,
15200.85, 15200.9, and 15200.95 over and above the county's cost of
administering the child support program to supplant any county funds
reduced under this section.
(h) In the event of any other audit or review which results in the
reduction or modification of federal funding for the program under
Part D (commencing with Section 652) of Subchapter IV of Title 42 of
the United States Code, the sanction shall be assessed against those
counties specifically cited in the federal findings in the amount
cited in those findings.
(i) The department shall establish a process whereby any county
assessed a portion of any sanction may appeal the department's
decision.
(j) Nothing in this section shall be construed as relieving the
board of supervisors of the responsibility to provide funds necessary
for the continued operation of the state plan as required by law.
11475.3. 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
this chapter, except recipients of foster care payments under Article
5 (commencing with Section 11400) 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.
11476.2. On a monthly basis, the local child support agency shall
provide to any CalWORKs recipient or former recipient for whom an
assignment pursuant to subdivision (a) of Section 11477 is currently
effective, a notice of the amount of assigned support payments made
on behalf of the recipient or former recipient or any other family
member for whom public assistance is received.
11476.6. Each local child support agency shall submit to the
department data revealing the range and median time periods by which
notification of the receipt of child support payments collected on
behalf of a family receiving aid under this chapter is made to the
local welfare department. The data shall contain the number and
percentage of cases in which the payments described herein are
conveyed within the time period prescribed by federal law.
11477. As a condition of eligibility for aid paid under this
chapter, each applicant or recipient shall do all of the following:
(a) (1) Do either of the following:
(i) For applications received before October 1, 2009, assign to
the county any rights to support from any other person the applicant
or recipient may have on his or her own behalf or on behalf of any
other family member for whom the applicant or recipient is applying
for or receiving aid, not exceeding the total amount of cash
assistance provided to the family under this chapter. Receipt of
public assistance under this chapter shall operate as an assignment
by operation of law. An assignment of support rights to the county
shall also constitute an assignment to the state. If support rights
are assigned pursuant to this subdivision, the assignee may become an
assignee of record by the local child support agency or other public
official filing with the court clerk an affidavit showing that an
assignment has been made or that there has been an assignment by
operation of law. This procedure does not limit any other means by
which the assignee may become an assignee of record.
(ii) For applications received on or after October 1, 2009, assign
to the county any rights to support from any other person the
applicant or recipient may have on his or her own behalf, or on
behalf of any other family member for whom the applicant or recipient
is applying for or receiving aid. The assignment shall apply only to
support that accrues during the period of time that the applicant is
receiving assistance under this chapter, and shall not exceed the
total amount of cash assistance provided to the family under this
chapter. Receipt of public assistance under this chapter shall
operate as an assignment by operation of law. An assignment of
support rights to the county shall also constitute an assignment to
the state. If support rights are assigned pursuant to this
subdivision, the assignee may become an assignee of record by the
local child support agency or other public official filing with the
court clerk an affidavit showing that an assignment has been made or
that there has been an assignment by operation of law. This procedure
does not limit any other means by which the assignee may become an
assignee of record.
(2) Support that has been assigned pursuant to paragraph (1) and
that accrues while the family is receiving aid under this chapter
shall be permanently assigned until the entire amount of aid paid has
been reimbursed.
(3) If the federal government does not permit states to adopt the
same order of distribution for preassistance and postassistance child
support arrears that are assigned on or after October 1, 1998,
support arrears that accrue before the family receives aid under this
chapter that are assigned pursuant to this subdivision shall be
assigned as follows:
(A) Child support assigned prior to January 1, 1998, shall be
permanently assigned until aid is no longer received and the entire
amount of aid has been reimbursed.
(B) Child support assigned on or after January 1, 1998, but prior
to October 1, 2000, shall be temporarily assigned until aid under
this chapter is no longer received and the entire amount of aid paid
has been reimbursed or until October 1, 2000, whichever comes first.
(C) On or after October 1, 2000, support assigned pursuant to this
subdivision that was not otherwise permanently assigned shall be
temporarily assigned to the county until aid is no longer received.
(D) On or after October 1, 2000, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(4) If the federal government permits states to adopt the same
order of distribution for preassistance and postassistance child
support arrears, child support arrears shall be assigned, as follows:
(A) Child support assigned pursuant to this subdivision prior to
October 1, 1998, shall be assigned until aid under this chapter is no
longer received and the entire amount has been reimbursed.
(B) On or after October 1, 1998, child support assigned pursuant
to this subdivision that accrued before the family receives aid under
this chapter and that was not otherwise permanently assigned, shall
be temporarily assigned until aid under this chapter is no longer
received.
(C) On or after October 1, 1998, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(b) (1) Cooperate with the county welfare department and local
child support agency in establishing the paternity of a child of the
applicant or recipient born out of wedlock with respect to whom aid
is claimed, and in establishing, modifying, or enforcing a support
order with respect to a child of the individual for whom aid is
requested or obtained, unless the applicant or recipient qualifies
for a good cause exception as provided in Section 11477.04. The
granting of aid shall not be delayed or denied if the applicant is
otherwise eligible, if the applicant completes the necessary forms
and agrees to cooperate with the local child support agency in
securing support and determining paternity, where applicable. The
local child support agency shall have staff available, in person or
by telephone, at all county welfare offices and shall conduct an
interview with each applicant to obtain information necessary to
establish paternity and establish, modify, or enforce a support order
at the time of the initial interview with the welfare office. The
local child support agency shall make the determination of
cooperation. If the applicant or recipient attests under penalty of
perjury that he or she cannot provide the information required by
this subdivision, the local child support agency shall make a finding
regarding whether the individual could reasonably be expected to
provide the information, before the local child support agency
determines whether the individual is cooperating. In making the
finding, the local child support agency shall consider all of the
following:
(A) The age of the child for whom support is sought.
(B) The circumstances surrounding the conception of the child.
(C) The age or mental capacity of the parent or caretaker of the
child for whom aid is being sought.
(D) The time that has elapsed since the parent or caretaker last
had contact with the alleged father or obligor.
(2) Cooperation includes the following:
(A) Providing the name of the alleged parent or obligor and other
information about that person if known to the applicant or recipient,
such as address, social security number, telephone number, place of
employment or school, and the names and addresses of relatives or
associates.
(B) Appearing at interviews, hearings, and legal proceedings
provided the applicant or recipient is provided with reasonable
advance notice of the interview, hearing, or legal proceeding and
does not have good cause not to appear.
(C) If paternity is at issue, submitting to genetic tests,
including genetic testing of the child, if necessary.
(D) Providing any additional information known to or reasonably
obtainable by the applicant or recipient necessary to establish
paternity or to establish, modify, or enforce a child support order.
(3) A recipient or applicant shall not be required to sign a
voluntary declaration of paternity, as set forth in Chapter 3
(commencing with Section 7570) of Part 2 of Division 12 of the Family
Code, as a condition of cooperation.
11477.02. Prior to referral of any individual or recipient, or that
person's case, to the local child support agency for child support
services under Section 17400 or 17404 of the Family Code, the county
welfare department shall determine if an applicant or recipient has
good cause for noncooperation, as set forth in Section 11477.04. If
the applicant or recipient claims a good cause exception at any
subsequent time to the county welfare department or the local child
support agency, the local child support agency shall suspend child
support services until the county welfare department determines the
good cause claim, as set forth in Section 11477.04. If good cause is
determined to exist, the local child support agency shall suspend
child support services until the applicant or recipient requests
their resumption, and shall take such other measures as are necessary
to protect the applicant or recipient and the children. If the
applicant or recipient is the parent of the child for whom aid is
sought and the parent is found to have not cooperated without good
cause as provided in Section 11477.04, the applicant's or recipient's
family grant shall be reduced by 25 percent for such time as the
failure to cooperate lasts.
11477.04. (a) An applicant or a recipient shall be considered to be
cooperating in good faith with the county welfare department or the
local child support agency for purposes of Section 11477 and shall be
eligible for aid, if otherwise eligible, if he or she cooperates or
has good cause for noncooperation. The county welfare department
shall make the good cause determination.
(b) Good cause shall be found if any of the following conditions
exist:
(1) Efforts to establish paternity or establish, modify, or
enforce a support obligation would increase the risk of physical,
sexual, or emotional harm to the child for whom support is being
sought.
(2) Efforts to establish paternity or establish, modify, or
enforce a support obligation would increase the risk of abuse, as
defined in Section 11495.1, to the parent or caretaker with whom the
child is living.
(3) The child for whom support is sought was conceived as a result
of incest or rape. A conviction for incest or rape is not necessary
for this paragraph to apply.
(4) Legal proceedings for the adoption of the child are pending
before a court of competent jurisdiction.
(5) The applicant or recipient is currently being assisted by a
public or licensed private adoption agency to resolve the issue of
whether to keep the child or relinquish the child for adoption.
(6) The applicant or recipient is cooperating in good faith but is
unable to identify or assist in locating the alleged father or
obligor.
(7) Any other reason that would make efforts to establish
paternity or establish, modify, or enforce a support obligation
contrary to the best interests of the child.
(c) Evidence supporting a claim for good cause includes, but is
not limited to, the following:
(1) Police, governmental agency, or court records, documentation
from a domestic violence program or a legal, clerical, medical,
mental health, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse, physical
evidence of abuse, or any other evidence that supports the claim of
good cause.
(2) Statements under penalty of perjury from individuals,
including the applicant or recipient, with knowledge of the
circumstances that provide the basis for the good cause claim.
(3) Birth certificates or medical, mental health, rape crisis,
domestic violence program, or law enforcement records that indicate
that the child was conceived as the result of incest or rape.
(4) Court documents or other records that indicate that legal
proceedings for adoption are pending before a court of competent
jurisdiction.
(5) A written statement from a public or licensed private adoption
agency that the applicant or recipient is being assisted by the
agency to resolve the issue of whether to keep the child or
relinquish the child for adoption.
(d) A sworn statement by a victim shall be sufficient to establish
abuse unless the agency documents in writing an independent,
reasonable basis to find the recipient not credible.
(e) Applicants or recipients who inquire about or claim good
cause, or otherwise indicate that they or their children are at risk
of abuse, shall be given referrals by the county welfare department
to appropriate community, legal, medical, and support services.
Followup by the applicant or recipient on those referrals shall not
affect eligibility for assistance under this chapter or the
determination of cooperation.
11477.1. No polygraph tests shall be administered to any applicant
or recipient of aid under this chapter for the purposes of
enforcement of Title IV-D of the Social Security Act, without written
notice to applicant or recipient that such test is not required and
without written consent thereto by such applicant or recipient.
11478.1. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and 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
11475.2 of this code and Chapter 6 (commencing with Section 4900) of
Part 5 of Division 9 of the Family Code.
(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 subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part D (commencing with Section 651) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this article, shall be confidential, and shall not be open to
examination or released for disclosure for any purpose not directly
connected with the administration of the child and spousal support
enforcement program. No public entity shall disclose any file,
application, paper, document, or record, or the information contained
therein, except as expressly authorized by this section.
(2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the former party, a
good cause claim under Section 11477.04 has been approved or is
pending, or the public agency responsible for establishing paternity
or enforcing support has reason to believe that the release of the
information may result in physical or emotional harm to the former
party or the child.
(3) Notwithstanding any other provision of law, a proof of service
filed by the district attorney shall not disclose the address where
service of process was accomplished. Instead, the district attorney
shall keep the address in his or her own records. The proof of
service shall specify that the address is on record at the district
attorney's office and that the address may be released only upon an
order from the court pursuant to paragraph (6) of subdivision (c).
The district attorney shall, upon request by a party served, release
to that person the address where service was effected.
(c) Disclosure of the information described in subdivision (b) is
authorized as follows:
(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 prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code, and any other plan or program described in Section 303.21 of
Title 45 of the Code of Federal Regulations and to the county welfare
department responsible for administering a program operated under a
state plan pursuant to Subpart 1 or 2 or Part B or Part E of
Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(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) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
(4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
(5) Public records subject to disclosure under the Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of the
Government Code) may be released.
(6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 3 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the district
attorney and the parties appearing at the hearing if there is reason
to believe that release of the requested information may result in
physical or emotional harm to a party. If the court determines that
harm may occur, the court shall issue any protective orders or
injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
(7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, 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.
(8) The social security number, most recent address, and the place
of employment of the absent parent may be released to an authorized
person as defined in Section 653(c) of Title 42 of the United States
Code, only if the authorized person has filed a request for the
information, and only if the information has been provided to the
California Parent Locator Service by the federal Parent Locator
Service pursuant to Section 653 of Title 42 of the United States
Code.
(d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this section, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
(2) For purposes of this section, "obligor" means any person owing
a duty of support.
(3) As used in this chapter, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
district attorney is attempting to establish paternity or establish,
modify, or enforce support pursuant to Section 11475.1.
(e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
(f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
11479. In all cases in which the paternity of the child has not
been established to the satisfaction of the county department, the
county department shall refer the applicant to local child support
agency at the time the application is signed. Upon the advice of a
county department that a child is being considered for adoption, and
regardless of whether or not the whereabouts of the parent is known,
the local child support agency shall delay the investigation and
other action with respect to the case until advised that the adoption
is no longer under consideration. The local child support agency
shall conduct such investigation as the agency considers necessary,
and where he or she deems it appropriate, the agency may bring an
action under Chapter 4 (commencing with Section 7630) of Part 3 of
Division 12 of the Family Code. When the cause is at issue, it shall
be set for trial at the earliest possible date and shall take
precedence over all other cases except older matters of the same
character and matters to which precedence may be given by law.
11480. Any person other than a needy child, who willfully and
knowingly receives or uses any part of an aid grant paid pursuant to
this chapter for a purpose other than support of the needy children
and the caretaker involved, is guilty of a misdemeanor.
11481. If the district attorney, during the course of any
investigation made by him pursuant to this article, determines that
any person has committed any act or has omitted the performance of
any duty, which act or omission causes or tends to cause or encourage
any child receiving aid under this chapter to come within the
provisions of Sections 300, 601, or 602 of this code, the district
attorney shall prosecute such person under the provisions of Section
272 of the Penal Code.
11481.5. The department shall evaluate the effectiveness of a
24-hour welfare fraud hotline pilot project, to assess greater public
involvement and assistance in welfare fraud detection.
11482. Any person other than a needy child, who willfully and
knowingly, with the intent to deceive, makes a false statement or
representation or knowingly fails to disclose a material fact to
obtain aid, or who, knowing he or she is not entitled thereto,
attempts to obtain aid or to continue to receive aid to which he or
she is not entitled, or a larger amount than that to which he or she
is legally entitled, is guilty of a misdemeanor, except as specified
in Section 11482.5 and shall be subject to prosecution under the
provisions of Chapter 9 (commencing with Section 10980) of Part 2.
11482.5. Any person who knowingly makes more than one application
for aid with the intent of establishing multiple entitlements for any
person for the same period, or who makes an application for aid by
claiming a false identity for any person or by making an application
for a fictitious or nonexistent person, is guilty of a felony and
shall be subject to prosecution under the provisions of Chapter 9
(commencing with Section 10980) of Part 2.
11483. Except as specified in Section 11483.5, whenever any person
has, by means of false statement or representation or by
impersonation or other fraudulent device, obtained aid for a child
not in fact entitled thereto, the person obtaining such aid shall be
subject to prosecution under the provisions of Chapter 9 (commencing
with Section 10980) of Part 2.
When the allegation is limited to failure to report not more than
two thousand dollars ($2,000) of income or resources, or the failure
to report the presence of an additional person or persons in the
household, all actions necessary to secure restitution shall be
brought against persons in violation of Section 10980. The action for
restitution may be satisfied by sending a registered letter
requesting restitution to the last address at which the person was
receiving public assistance.
11483.5. Any person who obtains more than one aid payment for any
person as a result of knowingly making more than one application for
aid with the intent of establishing multiple entitlements for that
person during the same period, or who obtains aid for any person by
making an application claiming a false identity or by making an
application for a fictitious or nonexistent person, is guilty of a
felony, and shall be subject to prosecution under the provisions of
Chapter 9 (commencing with Section 10980) of Part 2.
11484. On request, all state, county, and local agencies shall
cooperate with an investigator of an agency whose primary function is
to detect, prevent, or prosecute public assistance fraud, by
providing 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, or attempted to obtain aid for an individual under this
chapter. That information is subject to confidentiality requirements
under Chapter 5 (commencing with Section 10850) of Part 2. For
purposes of this section, "information" shall not include taxpayer
return information as defined in Section 19549 of the Revenue and
Taxation Code, unless disclosure of this information is expressly
authorized pursuant to Article 2 (commencing with Section 19501) of
Chapter 7 of Part 10.2 of the Revenue and Taxation Code.
11485. If, to the knowledge of the court, aid has been applied for
or granted to a child of parents who are engaged in a divorce or
separate maintenance action which is pending, or if the court at any
stage of the litigation believes that within the near future there is
a likelihood that aid will be applied for on behalf of the child,
the court shall direct the clerk to notify the local child support
agency and the county department of the pending action.
In any case in which aid has been applied for on behalf of the
child, and the county department has knowledge that an action for
divorce or separate maintenance has been filed, it shall be the duty
of the county director to notify the court that aid is being paid or
has been applied for, and to furnish to it such information as is
available to the county department as to the financial resources of
the parents which might be applied to child support.
The enforcement remedies provided the local child support agency
under this article shall not preclude the use of any other remedy
which he has under the law to enforce this article.
11486. (a) The needs of any individual who is a member of a family
applying for, or receiving, aid under this chapter shall not be taken
into account in making the determination under Section 11450 with
respect to his or her family beginning on the date, or at any time
thereafter, the individual is found in state or federal court or
pursuant to an administrative hearing decision, including any
determination made on the basis of a plea of guilty or nolo
contendere, to have committed any of the following acts:
(1) Making a fraudulent statement or representation with respect
to the place of residence of the individual in order to receive
assistance simultaneously from two or more states or counties.
(2) Submitting documents for nonexistent children, or submitting
false documents for the purpose of showing ineligible children to be
eligible for aid.
(3) When there has been a receipt of cash benefits that exceeds
ten thousand dollars ($10,000) as a result of intentionally and
willfully doing any of the following acts for the purpose of
establishing or maintaining the family's eligibility for aid or
increasing or preventing a reduction in the amount of aid:
(A) Making a false or misleading statement or misrepresenting,
concealing, or withholding facts.
(B) Committing any act intended to mislead, misrepresent, conceal,
or withhold facts or propound a falsity.
(b) The needs of any individual who is a member of a family
applying for, or receiving, aid under this chapter shall not be taken
into account in making the determination under Section 11450 with
respect to his or her family for the following periods beginning on
the date or any time thereafter the individual is convicted of a
felony in state or federal court, including any determination made on
the basis of a plea of guilty or nolo contendere, for committing
fraud in the receipt or attempted receipt of aid:
(1) For two years, if the amount of aid is less than two thousand
dollars ($2,000).
(2) For five years, if the amount of aid is two thousand dollars
($2,000) or more but is less than five thousand dollars ($5,000).
(3) Permanently, if the amount of aid is five thousand dollars
($5,000) or more.
(c) (1) Except as provided in subdivisions (a) and (b), the needs
of any individual who is a member of a family applying for, or
receiving, aid under this chapter to whom paragraph (2) applies shall
not be taken into account in making the determination under Section
11450 with respect to his or her family for the following periods:
(A) For a period of six months upon the first occasion of any
offense referred to in paragraph (2).
(B) For a period of 12 months upon the second occasion of any of
those offenses referred to in paragraph (2).
(C) Permanently, upon the third occasion of any offense referred
to in subdivision (b) and paragraph (2).
(2) Except as provided in subdivisions (a), (b) and (d), paragraph
(1) shall apply to any individual who is found by a federal or state
court, or pursuant to a special administrative hearing meeting the
requirements of regulations adopted by the United States Secretary of
Health and Human Services, including any determination made on the
basis of a plea of guilty or nolo contendere, to have done any of the
following acts for the purpose of establishing or maintaining the
family's eligibility for aid or increasing, or preventing a reduction
in, the amount of that aid:
(A) Making a false or misleading statement or misrepresenting,
concealing, or withholding facts.
(B) Committing any act intended to mislead, misrepresent, conceal,
or withhold facts or propound a falsity.
(d) (1) Except as provided in subdivisions (a) and (b), and
notwithstanding subdivision (c), the needs of any individual who is a
member of a family applying for, or receiving, aid under this
chapter to whom paragraph (2) applies shall not be taken into account
in making the determination under Section 11450 with respect to his
or her family for the following periods:
(A) For a period of two years upon the first occasion of any
offense referred to in paragraph (2).
(B) For a period of four years upon the second occasion of any
offense referred to in paragraph (2).
(C) Permanently, upon the third occasion of any offense referred
to in subdivision (b) and paragraph (2).
(2) Paragraph (1) shall apply to any individual who is found by a
federal or state court, or pursuant to a special administrative
hearing meeting the requirements of regulations adopted by the United
States Secretary of Health and Human Services, including any
determination made on the basis of a plea of guilty or nolo
contendere, to have submitted more than one application for the same
type of aid for the same period of time, for the purpose of receiving
more than one grant of aid in order to establish or maintain the
family's eligibility for aid or increasing, or preventing a reduction
in, the amount of that aid.
(e) Proceedings against any individual alleged to have committed
an offense described in subdivision (c) or (d) may be held either by
hearing, pursuant to Section 10950 and in conformity with the
regulations of the United States Secretary of Health and Human
Services, if appropriate, or by referring the matter to the
appropriate authorities for civil or criminal action in court.
(f) The department shall coordinate any action taken under this
section with any corresponding actions being taken under the Food
Stamp Program in any case where the factual issues involved arise
from the same or related circumstances.
(g) Any period for which sanctions are imposed under this section
shall remain in effect, without possibility of administrative stay,
unless and until the findings upon which the sanctions were imposed
are subsequently reversed by a court of appropriate jurisdiction, but
in no event shall the duration of the period for which the sanctions
are imposed be subject to review.
(h) Sanctions imposed under this section shall be in addition to,
and not in substitution for, any other sanctions which may be
provided for by law with respect to the offenses for which the
sanctions are imposed.
(i) The department shall adopt regulations to ensure that any
investigations made under this chapter are conducted throughout the
state in such a manner as to protect the confidentiality of the
current or former working recipient.
(j) Each county shall receive an amount equal to 12.5 percent of
the actual amount of aid under this chapter repaid or recovered by a
county, as determined by the Director of the Department of Finance
resulting from the detection of fraud.
11486.3. (a) The department, in consultation with system
stakeholders, including county welfare departments, shall examine the
CalWORKs sanction policy, its implementation, and effect on work
participation, including but not limited to all of the following:
(1) The characteristics of the persons being sanctioned.
(2) The reason participants are being sanctioned.
(3) The length of time in sanctioned status.
(4) Positive and negative sanction outcomes.
(5) County variances in sanction policies, rates, and outcomes.
(6) The relationship between sanction rates and work
participation.
(7) The impact of sanctions on families and their ability to
become self-sufficient.
(8) Adequacy of procedures to resolve noncompliance prior to the
implementation of sanctions.
(b) The department shall develop recommendations to improve the
effectiveness of sanctions in achieving participant compliance,
assisting families in becoming self-sufficient, and other desired
program outcomes.
(c) The department shall report its findings and recommendations
to the appropriate fiscal and policy committees of the Legislature by
April 1, 2005.
11486.5. (a) An individual shall not be eligible for aid under this
chapter if he or she is either:
(1) Fleeing to avoid prosecution, or custody and confinement after
conviction, under the laws of the place from which the individual is
fleeing, for a crime or an attempt to commit a crime that is a
felony under the laws of the place from which the individual is
fleeing, or which, in the case of the State of New Jersey, is a high
misdemeanor under the laws of that state.
(2) Violating a condition of probation or parole imposed under
federal law or the law of any state.
(b) Subdivision (a) shall not apply with respect to conduct of an
individual for any month beginning after the President of the United
States grants a pardon with respect to the conduct.
11487. Except as provided in Section 11457, whenever any aid under
this chapter is repaid to a county or recovered by a county, the
state shall be entitled to a share of the amount received or
recovered, proportionate to the amount of state funds paid, and, if
funds advanced by the federal government were paid, the federal
government shall be entitled to a share of the amount received or
recovered, proportionate to the amount of federal funds paid.
11487.5. (a) Notwithstanding any other provision of law, including
Sections 11487 and 15204.5, the department shall implement a program
in any participating county whereby the county shall be reimbursed
for overpayment recoveries under Section 11004 as follows:
(1) Reimbursement shall be made to a participating county based on
a plan of operations for a program of overpayment recoveries that is
approved by the department. No operating plan shall be approved by
the department unless the plan contains assurances that the
participating county will maintain a centralized unit or designate a
person or persons to perform the overpayment recovery activities.
(2) Reimbursement shall be made for all allowable administrative
costs incurred, as defined by the department, to make a recovery of
overpayments under Section 11004, not to exceed the state's share of
the overpayments recovered by the county.
(b) For purposes of this section, "participating county" means any
county in which the welfare director applies to the department for
participation in the program prescribed by this section.
(c) This section shall be implemented when both of the following
have occurred:
(1) The federal government has made funding available for the
activities described in this section.
(2) The Department of Finance has examined the annual projection
of costs and savings for these activities certified by the director,
and has determined that during each fiscal year in which the director
proposes to implement these provisions the savings to the General
Fund from increased overpayment recoveries equals or exceeds the
additional costs to the state.
WELFARE AND INSTITUTIONS CODE
SECTION 11475.2-11487.5
11475.2. (a) If at any time the Director of Social Services
considers any public agency, which is required by law, by delegation
of the department, or by cooperative agreement, to perform functions
relating to the state plan for securing child and spousal support and
determining paternity, to be failing in a substantial manner to
comply with any provision of the state plan, the director shall put
that agency on written notice to that effect.
The state plan concerning spousal support shall apply only to
spousal support included in a child support order.
In this chapter the term spousal support shall include support for
a former spouse.
(b) If the director determines that there is a failure on the part
of that public agency to comply with the provisions of the state
plan, or if the State Personnel Board certifies to the director that
that public agency is not in conformity with applicable merit system
standards under Part 2.5 (commencing with Section 19800) of Division
5 of Title 2 of the Government Code, and that sanctions are necessary
to secure compliance, the director may invoke either or both of the
following sanctions:
(1) Withhold part or all of state and federal funds, including
incentive funds, from that public agency until the public agency
shall make a showing to the director of full compliance.
(2) Notify the Attorney General that there has been a failure to
comply with the state plan and the Attorney General shall take
appropriate action to secure compliance.
(c) Notwithstanding Sections 15200 and 15204.2, in the event of a
federal statewide child support program audit, review, or other
measure of program compliance or performance which results in the
reduction of federal funding for the Title IV-A program, the state
shall fund 100 percent of the federal reduction to ensure the
continuation of funding for allowable aid payments and related
administrative costs associated with the AFDC program.
(d) In the event of a federal determination to reduce or modify
federal funding for the Title IV-A program as a result of improper or
inadequate county administration of the child and spousal support
enforcement program, the department shall pass on to the counties any
federal sanction levied on or after January 1, 1991, regardless of
the date of the underlying federal audit, except for any sanctions
resulting from the 1986 audit or federal followup. For the purposes
of this section, the date of levy is the date the federal government
actually reduces, withholds, or otherwise modifies the state's
funding.
(e) The sanction shall be assessed as follows:
(1) The state shall assume responsibility for 50 percent of the
total federal sanction.
(2) Each county shall be assessed an amount equal to the amount of
increased county costs which would occur based on application of
Sections 15200 and 15204.2.
(3) For each county found to be out of compliance based on the
reviews conducted pursuant to Section 15200.8, the county shall be
assessed an amount equal to one-half the rate of the federal sanction
multiplied by the county's total federal Title IV-A program funding.
(4) For each county found to be marginally in compliance based on
the reviews conducted pursuant to Section 15200.8, the county shall
be assessed an amount equal to one-quarter the rate of the federal
sanction multiplied by the county's total federal Title IV-A program
funding. For the purposes of this section, a county is marginally in
compliance if it attains at least 75 percent, but not more than 80
percent, compliance with case processing criteria.
(5) In the event the amount of the federal sanction is less than
the amount required to apply paragraphs (1), (2), (3), and (4),
county liability under paragraph (4) shall be reduced accordingly. In
the event county liability under paragraph (4) is eliminated and the
amount of the federal sanction is less than the amount required to
apply paragraphs (1), (2), and (3), county liability under paragraph
(3) shall be reduced accordingly.
(6) The review pursuant to Section 15200.8 which was conducted
closest to the date the federal sanction was levied shall be used to
determine which counties are out of compliance and marginally in
compliance.
(f) There shall be established a sanction credit which shall
consist of any net increase in state revenue resulting from any
increase of more than 9 3/4 percent in distributed collections on
behalf of families receiving Aid to Families with Dependent Children
for each of the previous three state fiscal years.
(1) The balance of the sanction after application of subdivision
(e) shall be reduced by the amount of the sanction credit.
(2) In the event the sanction credit exceeds the balance of the
sanction after application of paragraph (1), the amount exceeding the
balance shall be used to reduce the liability of marginally
compliant counties under paragraph (4) of subdivision (e). Any
further balance shall be used to reduce the liability of
out-of-compliance counties under paragraph (3) of subdivision (e).
(3) In the event the sanction credit does not fully offset the
balance of the sanction after application of paragraph (1), the state
shall be responsible for 50 percent of the unmet balance, and the
remaining 50 percent shall be distributed to all counties in
proportion to their total Title IV-A program funding.
(g) The sanction assessed a county pursuant to this section shall
be levied as a general assessment against the county. Notwithstanding
Section 15200.97, a county may use any funds paid to that county
pursuant to Sections 15200.1, 15200.2, 15200.3, 15200.6, 15200.7,
15200.85, 15200.9, and 15200.95 over and above the county's cost of
administering the child support program to supplant any county funds
reduced under this section.
(h) In the event of any other audit or review which results in the
reduction or modification of federal funding for the program under
Part D (commencing with Section 652) of Subchapter IV of Title 42 of
the United States Code, the sanction shall be assessed against those
counties specifically cited in the federal findings in the amount
cited in those findings.
(i) The department shall establish a process whereby any county
assessed a portion of any sanction may appeal the department's
decision.
(j) Nothing in this section shall be construed as relieving the
board of supervisors of the responsibility to provide funds necessary
for the continued operation of the state plan as required by law.
11475.3. 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
this chapter, except recipients of foster care payments under Article
5 (commencing with Section 11400) 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.
11476.2. On a monthly basis, the local child support agency shall
provide to any CalWORKs recipient or former recipient for whom an
assignment pursuant to subdivision (a) of Section 11477 is currently
effective, a notice of the amount of assigned support payments made
on behalf of the recipient or former recipient or any other family
member for whom public assistance is received.
11476.6. Each local child support agency shall submit to the
department data revealing the range and median time periods by which
notification of the receipt of child support payments collected on
behalf of a family receiving aid under this chapter is made to the
local welfare department. The data shall contain the number and
percentage of cases in which the payments described herein are
conveyed within the time period prescribed by federal law.
11477. As a condition of eligibility for aid paid under this
chapter, each applicant or recipient shall do all of the following:
(a) (1) Do either of the following:
(i) For applications received before October 1, 2009, assign to
the county any rights to support from any other person the applicant
or recipient may have on his or her own behalf or on behalf of any
other family member for whom the applicant or recipient is applying
for or receiving aid, not exceeding the total amount of cash
assistance provided to the family under this chapter. Receipt of
public assistance under this chapter shall operate as an assignment
by operation of law. An assignment of support rights to the county
shall also constitute an assignment to the state. If support rights
are assigned pursuant to this subdivision, the assignee may become an
assignee of record by the local child support agency or other public
official filing with the court clerk an affidavit showing that an
assignment has been made or that there has been an assignment by
operation of law. This procedure does not limit any other means by
which the assignee may become an assignee of record.
(ii) For applications received on or after October 1, 2009, assign
to the county any rights to support from any other person the
applicant or recipient may have on his or her own behalf, or on
behalf of any other family member for whom the applicant or recipient
is applying for or receiving aid. The assignment shall apply only to
support that accrues during the period of time that the applicant is
receiving assistance under this chapter, and shall not exceed the
total amount of cash assistance provided to the family under this
chapter. Receipt of public assistance under this chapter shall
operate as an assignment by operation of law. An assignment of
support rights to the county shall also constitute an assignment to
the state. If support rights are assigned pursuant to this
subdivision, the assignee may become an assignee of record by the
local child support agency or other public official filing with the
court clerk an affidavit showing that an assignment has been made or
that there has been an assignment by operation of law. This procedure
does not limit any other means by which the assignee may become an
assignee of record.
(2) Support that has been assigned pursuant to paragraph (1) and
that accrues while the family is receiving aid under this chapter
shall be permanently assigned until the entire amount of aid paid has
been reimbursed.
(3) If the federal government does not permit states to adopt the
same order of distribution for preassistance and postassistance child
support arrears that are assigned on or after October 1, 1998,
support arrears that accrue before the family receives aid under this
chapter that are assigned pursuant to this subdivision shall be
assigned as follows:
(A) Child support assigned prior to January 1, 1998, shall be
permanently assigned until aid is no longer received and the entire
amount of aid has been reimbursed.
(B) Child support assigned on or after January 1, 1998, but prior
to October 1, 2000, shall be temporarily assigned until aid under
this chapter is no longer received and the entire amount of aid paid
has been reimbursed or until October 1, 2000, whichever comes first.
(C) On or after October 1, 2000, support assigned pursuant to this
subdivision that was not otherwise permanently assigned shall be
temporarily assigned to the county until aid is no longer received.
(D) On or after October 1, 2000, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(4) If the federal government permits states to adopt the same
order of distribution for preassistance and postassistance child
support arrears, child support arrears shall be assigned, as follows:
(A) Child support assigned pursuant to this subdivision prior to
October 1, 1998, shall be assigned until aid under this chapter is no
longer received and the entire amount has been reimbursed.
(B) On or after October 1, 1998, child support assigned pursuant
to this subdivision that accrued before the family receives aid under
this chapter and that was not otherwise permanently assigned, shall
be temporarily assigned until aid under this chapter is no longer
received.
(C) On or after October 1, 1998, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(b) (1) Cooperate with the county welfare department and local
child support agency in establishing the paternity of a child of the
applicant or recipient born out of wedlock with respect to whom aid
is claimed, and in establishing, modifying, or enforcing a support
order with respect to a child of the individual for whom aid is
requested or obtained, unless the applicant or recipient qualifies
for a good cause exception as provided in Section 11477.04. The
granting of aid shall not be delayed or denied if the applicant is
otherwise eligible, if the applicant completes the necessary forms
and agrees to cooperate with the local child support agency in
securing support and determining paternity, where applicable. The
local child support agency shall have staff available, in person or
by telephone, at all county welfare offices and shall conduct an
interview with each applicant to obtain information necessary to
establish paternity and establish, modify, or enforce a support order
at the time of the initial interview with the welfare office. The
local child support agency shall make the determination of
cooperation. If the applicant or recipient attests under penalty of
perjury that he or she cannot provide the information required by
this subdivision, the local child support agency shall make a finding
regarding whether the individual could reasonably be expected to
provide the information, before the local child support agency
determines whether the individual is cooperating. In making the
finding, the local child support agency shall consider all of the
following:
(A) The age of the child for whom support is sought.
(B) The circumstances surrounding the conception of the child.
(C) The age or mental capacity of the parent or caretaker of the
child for whom aid is being sought.
(D) The time that has elapsed since the parent or caretaker last
had contact with the alleged father or obligor.
(2) Cooperation includes the following:
(A) Providing the name of the alleged parent or obligor and other
information about that person if known to the applicant or recipient,
such as address, social security number, telephone number, place of
employment or school, and the names and addresses of relatives or
associates.
(B) Appearing at interviews, hearings, and legal proceedings
provided the applicant or recipient is provided with reasonable
advance notice of the interview, hearing, or legal proceeding and
does not have good cause not to appear.
(C) If paternity is at issue, submitting to genetic tests,
including genetic testing of the child, if necessary.
(D) Providing any additional information known to or reasonably
obtainable by the applicant or recipient necessary to establish
paternity or to establish, modify, or enforce a child support order.
(3) A recipient or applicant shall not be required to sign a
voluntary declaration of paternity, as set forth in Chapter 3
(commencing with Section 7570) of Part 2 of Division 12 of the Family
Code, as a condition of cooperation.
11477.02. Prior to referral of any individual or recipient, or that
person's case, to the local child support agency for child support
services under Section 17400 or 17404 of the Family Code, the county
welfare department shall determine if an applicant or recipient has
good cause for noncooperation, as set forth in Section 11477.04. If
the applicant or recipient claims a good cause exception at any
subsequent time to the county welfare department or the local child
support agency, the local child support agency shall suspend child
support services until the county welfare department determines the
good cause claim, as set forth in Section 11477.04. If good cause is
determined to exist, the local child support agency shall suspend
child support services until the applicant or recipient requests
their resumption, and shall take such other measures as are necessary
to protect the applicant or recipient and the children. If the
applicant or recipient is the parent of the child for whom aid is
sought and the parent is found to have not cooperated without good
cause as provided in Section 11477.04, the applicant's or recipient's
family grant shall be reduced by 25 percent for such time as the
failure to cooperate lasts.
11477.04. (a) An applicant or a recipient shall be considered to be
cooperating in good faith with the county welfare department or the
local child support agency for purposes of Section 11477 and shall be
eligible for aid, if otherwise eligible, if he or she cooperates or
has good cause for noncooperation. The county welfare department
shall make the good cause determination.
(b) Good cause shall be found if any of the following conditions
exist:
(1) Efforts to establish paternity or establish, modify, or
enforce a support obligation would increase the risk of physical,
sexual, or emotional harm to the child for whom support is being
sought.
(2) Efforts to establish paternity or establish, modify, or
enforce a support obligation would increase the risk of abuse, as
defined in Section 11495.1, to the parent or caretaker with whom the
child is living.
(3) The child for whom support is sought was conceived as a result
of incest or rape. A conviction for incest or rape is not necessary
for this paragraph to apply.
(4) Legal proceedings for the adoption of the child are pending
before a court of competent jurisdiction.
(5) The applicant or recipient is currently being assisted by a
public or licensed private adoption agency to resolve the issue of
whether to keep the child or relinquish the child for adoption.
(6) The applicant or recipient is cooperating in good faith but is
unable to identify or assist in locating the alleged father or
obligor.
(7) Any other reason that would make efforts to establish
paternity or establish, modify, or enforce a support obligation
contrary to the best interests of the child.
(c) Evidence supporting a claim for good cause includes, but is
not limited to, the following:
(1) Police, governmental agency, or court records, documentation
from a domestic violence program or a legal, clerical, medical,
mental health, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse, physical
evidence of abuse, or any other evidence that supports the claim of
good cause.
(2) Statements under penalty of perjury from individuals,
including the applicant or recipient, with knowledge of the
circumstances that provide the basis for the good cause claim.
(3) Birth certificates or medical, mental health, rape crisis,
domestic violence program, or law enforcement records that indicate
that the child was conceived as the result of incest or rape.
(4) Court documents or other records that indicate that legal
proceedings for adoption are pending before a court of competent
jurisdiction.
(5) A written statement from a public or licensed private adoption
agency that the applicant or recipient is being assisted by the
agency to resolve the issue of whether to keep the child or
relinquish the child for adoption.
(d) A sworn statement by a victim shall be sufficient to establish
abuse unless the agency documents in writing an independent,
reasonable basis to find the recipient not credible.
(e) Applicants or recipients who inquire about or claim good
cause, or otherwise indicate that they or their children are at risk
of abuse, shall be given referrals by the county welfare department
to appropriate community, legal, medical, and support services.
Followup by the applicant or recipient on those referrals shall not
affect eligibility for assistance under this chapter or the
determination of cooperation.
11477.1. No polygraph tests shall be administered to any applicant
or recipient of aid under this chapter for the purposes of
enforcement of Title IV-D of the Social Security Act, without written
notice to applicant or recipient that such test is not required and
without written consent thereto by such applicant or recipient.
11478.1. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and 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
11475.2 of this code and Chapter 6 (commencing with Section 4900) of
Part 5 of Division 9 of the Family Code.
(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 subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part D (commencing with Section 651) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this article, shall be confidential, and shall not be open to
examination or released for disclosure for any purpose not directly
connected with the administration of the child and spousal support
enforcement program. No public entity shall disclose any file,
application, paper, document, or record, or the information contained
therein, except as expressly authorized by this section.
(2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the former party, a
good cause claim under Section 11477.04 has been approved or is
pending, or the public agency responsible for establishing paternity
or enforcing support has reason to believe that the release of the
information may result in physical or emotional harm to the former
party or the child.
(3) Notwithstanding any other provision of law, a proof of service
filed by the district attorney shall not disclose the address where
service of process was accomplished. Instead, the district attorney
shall keep the address in his or her own records. The proof of
service shall specify that the address is on record at the district
attorney's office and that the address may be released only upon an
order from the court pursuant to paragraph (6) of subdivision (c).
The district attorney shall, upon request by a party served, release
to that person the address where service was effected.
(c) Disclosure of the information described in subdivision (b) is
authorized as follows:
(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 prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code, and any other plan or program described in Section 303.21 of
Title 45 of the Code of Federal Regulations and to the county welfare
department responsible for administering a program operated under a
state plan pursuant to Subpart 1 or 2 or Part B or Part E of
Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(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) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
(4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
(5) Public records subject to disclosure under the Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of the
Government Code) may be released.
(6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 3 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the district
attorney and the parties appearing at the hearing if there is reason
to believe that release of the requested information may result in
physical or emotional harm to a party. If the court determines that
harm may occur, the court shall issue any protective orders or
injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
(7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, 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.
(8) The social security number, most recent address, and the place
of employment of the absent parent may be released to an authorized
person as defined in Section 653(c) of Title 42 of the United States
Code, only if the authorized person has filed a request for the
information, and only if the information has been provided to the
California Parent Locator Service by the federal Parent Locator
Service pursuant to Section 653 of Title 42 of the United States
Code.
(d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this section, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
(2) For purposes of this section, "obligor" means any person owing
a duty of support.
(3) As used in this chapter, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
district attorney is attempting to establish paternity or establish,
modify, or enforce support pursuant to Section 11475.1.
(e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
(f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
11479. In all cases in which the paternity of the child has not
been established to the satisfaction of the county department, the
county department shall refer the applicant to local child support
agency at the time the application is signed. Upon the advice of a
county department that a child is being considered for adoption, and
regardless of whether or not the whereabouts of the parent is known,
the local child support agency shall delay the investigation and
other action with respect to the case until advised that the adoption
is no longer under consideration. The local child support agency
shall conduct such investigation as the agency considers necessary,
and where he or she deems it appropriate, the agency may bring an
action under Chapter 4 (commencing with Section 7630) of Part 3 of
Division 12 of the Family Code. When the cause is at issue, it shall
be set for trial at the earliest possible date and shall take
precedence over all other cases except older matters of the same
character and matters to which precedence may be given by law.
11480. Any person other than a needy child, who willfully and
knowingly receives or uses any part of an aid grant paid pursuant to
this chapter for a purpose other than support of the needy children
and the caretaker involved, is guilty of a misdemeanor.
11481. If the district attorney, during the course of any
investigation made by him pursuant to this article, determines that
any person has committed any act or has omitted the performance of
any duty, which act or omission causes or tends to cause or encourage
any child receiving aid under this chapter to come within the
provisions of Sections 300, 601, or 602 of this code, the district
attorney shall prosecute such person under the provisions of Section
272 of the Penal Code.
11481.5. The department shall evaluate the effectiveness of a
24-hour welfare fraud hotline pilot project, to assess greater public
involvement and assistance in welfare fraud detection.
11482. Any person other than a needy child, who willfully and
knowingly, with the intent to deceive, makes a false statement or
representation or knowingly fails to disclose a material fact to
obtain aid, or who, knowing he or she is not entitled thereto,
attempts to obtain aid or to continue to receive aid to which he or
she is not entitled, or a larger amount than that to which he or she
is legally entitled, is guilty of a misdemeanor, except as specified
in Section 11482.5 and shall be subject to prosecution under the
provisions of Chapter 9 (commencing with Section 10980) of Part 2.
11482.5. Any person who knowingly makes more than one application
for aid with the intent of establishing multiple entitlements for any
person for the same period, or who makes an application for aid by
claiming a false identity for any person or by making an application
for a fictitious or nonexistent person, is guilty of a felony and
shall be subject to prosecution under the provisions of Chapter 9
(commencing with Section 10980) of Part 2.
11483. Except as specified in Section 11483.5, whenever any person
has, by means of false statement or representation or by
impersonation or other fraudulent device, obtained aid for a child
not in fact entitled thereto, the person obtaining such aid shall be
subject to prosecution under the provisions of Chapter 9 (commencing
with Section 10980) of Part 2.
When the allegation is limited to failure to report not more than
two thousand dollars ($2,000) of income or resources, or the failure
to report the presence of an additional person or persons in the
household, all actions necessary to secure restitution shall be
brought against persons in violation of Section 10980. The action for
restitution may be satisfied by sending a registered letter
requesting restitution to the last address at which the person was
receiving public assistance.
11483.5. Any person who obtains more than one aid payment for any
person as a result of knowingly making more than one application for
aid with the intent of establishing multiple entitlements for that
person during the same period, or who obtains aid for any person by
making an application claiming a false identity or by making an
application for a fictitious or nonexistent person, is guilty of a
felony, and shall be subject to prosecution under the provisions of
Chapter 9 (commencing with Section 10980) of Part 2.
11484. On request, all state, county, and local agencies shall
cooperate with an investigator of an agency whose primary function is
to detect, prevent, or prosecute public assistance fraud, by
providing 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, or attempted to obtain aid for an individual under this
chapter. That information is subject to confidentiality requirements
under Chapter 5 (commencing with Section 10850) of Part 2. For
purposes of this section, "information" shall not include taxpayer
return information as defined in Section 19549 of the Revenue and
Taxation Code, unless disclosure of this information is expressly
authorized pursuant to Article 2 (commencing with Section 19501) of
Chapter 7 of Part 10.2 of the Revenue and Taxation Code.
11485. If, to the knowledge of the court, aid has been applied for
or granted to a child of parents who are engaged in a divorce or
separate maintenance action which is pending, or if the court at any
stage of the litigation believes that within the near future there is
a likelihood that aid will be applied for on behalf of the child,
the court shall direct the clerk to notify the local child support
agency and the county department of the pending action.
In any case in which aid has been applied for on behalf of the
child, and the county department has knowledge that an action for
divorce or separate maintenance has been filed, it shall be the duty
of the county director to notify the court that aid is being paid or
has been applied for, and to furnish to it such information as is
available to the county department as to the financial resources of
the parents which might be applied to child support.
The enforcement remedies provided the local child support agency
under this article shall not preclude the use of any other remedy
which he has under the law to enforce this article.
11486. (a) The needs of any individual who is a member of a family
applying for, or receiving, aid under this chapter shall not be taken
into account in making the determination under Section 11450 with
respect to his or her family beginning on the date, or at any time
thereafter, the individual is found in state or federal court or
pursuant to an administrative hearing decision, including any
determination made on the basis of a plea of guilty or nolo
contendere, to have committed any of the following acts:
(1) Making a fraudulent statement or representation with respect
to the place of residence of the individual in order to receive
assistance simultaneously from two or more states or counties.
(2) Submitting documents for nonexistent children, or submitting
false documents for the purpose of showing ineligible children to be
eligible for aid.
(3) When there has been a receipt of cash benefits that exceeds
ten thousand dollars ($10,000) as a result of intentionally and
willfully doing any of the following acts for the purpose of
establishing or maintaining the family's eligibility for aid or
increasing or preventing a reduction in the amount of aid:
(A) Making a false or misleading statement or misrepresenting,
concealing, or withholding facts.
(B) Committing any act intended to mislead, misrepresent, conceal,
or withhold facts or propound a falsity.
(b) The needs of any individual who is a member of a family
applying for, or receiving, aid under this chapter shall not be taken
into account in making the determination under Section 11450 with
respect to his or her family for the following periods beginning on
the date or any time thereafter the individual is convicted of a
felony in state or federal court, including any determination made on
the basis of a plea of guilty or nolo contendere, for committing
fraud in the receipt or attempted receipt of aid:
(1) For two years, if the amount of aid is less than two thousand
dollars ($2,000).
(2) For five years, if the amount of aid is two thousand dollars
($2,000) or more but is less than five thousand dollars ($5,000).
(3) Permanently, if the amount of aid is five thousand dollars
($5,000) or more.
(c) (1) Except as provided in subdivisions (a) and (b), the needs
of any individual who is a member of a family applying for, or
receiving, aid under this chapter to whom paragraph (2) applies shall
not be taken into account in making the determination under Section
11450 with respect to his or her family for the following periods:
(A) For a period of six months upon the first occasion of any
offense referred to in paragraph (2).
(B) For a period of 12 months upon the second occasion of any of
those offenses referred to in paragraph (2).
(C) Permanently, upon the third occasion of any offense referred
to in subdivision (b) and paragraph (2).
(2) Except as provided in subdivisions (a), (b) and (d), paragraph
(1) shall apply to any individual who is found by a federal or state
court, or pursuant to a special administrative hearing meeting the
requirements of regulations adopted by the United States Secretary of
Health and Human Services, including any determination made on the
basis of a plea of guilty or nolo contendere, to have done any of the
following acts for the purpose of establishing or maintaining the
family's eligibility for aid or increasing, or preventing a reduction
in, the amount of that aid:
(A) Making a false or misleading statement or misrepresenting,
concealing, or withholding facts.
(B) Committing any act intended to mislead, misrepresent, conceal,
or withhold facts or propound a falsity.
(d) (1) Except as provided in subdivisions (a) and (b), and
notwithstanding subdivision (c), the needs of any individual who is a
member of a family applying for, or receiving, aid under this
chapter to whom paragraph (2) applies shall not be taken into account
in making the determination under Section 11450 with respect to his
or her family for the following periods:
(A) For a period of two years upon the first occasion of any
offense referred to in paragraph (2).
(B) For a period of four years upon the second occasion of any
offense referred to in paragraph (2).
(C) Permanently, upon the third occasion of any offense referred
to in subdivision (b) and paragraph (2).
(2) Paragraph (1) shall apply to any individual who is found by a
federal or state court, or pursuant to a special administrative
hearing meeting the requirements of regulations adopted by the United
States Secretary of Health and Human Services, including any
determination made on the basis of a plea of guilty or nolo
contendere, to have submitted more than one application for the same
type of aid for the same period of time, for the purpose of receiving
more than one grant of aid in order to establish or maintain the
family's eligibility for aid or increasing, or preventing a reduction
in, the amount of that aid.
(e) Proceedings against any individual alleged to have committed
an offense described in subdivision (c) or (d) may be held either by
hearing, pursuant to Section 10950 and in conformity with the
regulations of the United States Secretary of Health and Human
Services, if appropriate, or by referring the matter to the
appropriate authorities for civil or criminal action in court.
(f) The department shall coordinate any action taken under this
section with any corresponding actions being taken under the Food
Stamp Program in any case where the factual issues involved arise
from the same or related circumstances.
(g) Any period for which sanctions are imposed under this section
shall remain in effect, without possibility of administrative stay,
unless and until the findings upon which the sanctions were imposed
are subsequently reversed by a court of appropriate jurisdiction, but
in no event shall the duration of the period for which the sanctions
are imposed be subject to review.
(h) Sanctions imposed under this section shall be in addition to,
and not in substitution for, any other sanctions which may be
provided for by law with respect to the offenses for which the
sanctions are imposed.
(i) The department shall adopt regulations to ensure that any
investigations made under this chapter are conducted throughout the
state in such a manner as to protect the confidentiality of the
current or former working recipient.
(j) Each county shall receive an amount equal to 12.5 percent of
the actual amount of aid under this chapter repaid or recovered by a
county, as determined by the Director of the Department of Finance
resulting from the detection of fraud.
11486.3. (a) The department, in consultation with system
stakeholders, including county welfare departments, shall examine the
CalWORKs sanction policy, its implementation, and effect on work
participation, including but not limited to all of the following:
(1) The characteristics of the persons being sanctioned.
(2) The reason participants are being sanctioned.
(3) The length of time in sanctioned status.
(4) Positive and negative sanction outcomes.
(5) County variances in sanction policies, rates, and outcomes.
(6) The relationship between sanction rates and work
participation.
(7) The impact of sanctions on families and their ability to
become self-sufficient.
(8) Adequacy of procedures to resolve noncompliance prior to the
implementation of sanctions.
(b) The department shall develop recommendations to improve the
effectiveness of sanctions in achieving participant compliance,
assisting families in becoming self-sufficient, and other desired
program outcomes.
(c) The department shall report its findings and recommendations
to the appropriate fiscal and policy committees of the Legislature by
April 1, 2005.
11486.5. (a) An individual shall not be eligible for aid under this
chapter if he or she is either:
(1) Fleeing to avoid prosecution, or custody and confinement after
conviction, under the laws of the place from which the individual is
fleeing, for a crime or an attempt to commit a crime that is a
felony under the laws of the place from which the individual is
fleeing, or which, in the case of the State of New Jersey, is a high
misdemeanor under the laws of that state.
(2) Violating a condition of probation or parole imposed under
federal law or the law of any state.
(b) Subdivision (a) shall not apply with respect to conduct of an
individual for any month beginning after the President of the United
States grants a pardon with respect to the conduct.
11487. Except as provided in Section 11457, whenever any aid under
this chapter is repaid to a county or recovered by a county, the
state shall be entitled to a share of the amount received or
recovered, proportionate to the amount of state funds paid, and, if
funds advanced by the federal government were paid, the federal
government shall be entitled to a share of the amount received or
recovered, proportionate to the amount of federal funds paid.
11487.5. (a) Notwithstanding any other provision of law, including
Sections 11487 and 15204.5, the department shall implement a program
in any participating county whereby the county shall be reimbursed
for overpayment recoveries under Section 11004 as follows:
(1) Reimbursement shall be made to a participating county based on
a plan of operations for a program of overpayment recoveries that is
approved by the department. No operating plan shall be approved by
the department unless the plan contains assurances that the
participating county will maintain a centralized unit or designate a
person or persons to perform the overpayment recovery activities.
(2) Reimbursement shall be made for all allowable administrative
costs incurred, as defined by the department, to make a recovery of
overpayments under Section 11004, not to exceed the state's share of
the overpayments recovered by the county.
(b) For purposes of this section, "participating county" means any
county in which the welfare director applies to the department for
participation in the program prescribed by this section.
(c) This section shall be implemented when both of the following
have occurred:
(1) The federal government has made funding available for the
activities described in this section.
(2) The Department of Finance has examined the annual projection
of costs and savings for these activities certified by the director,
and has determined that during each fiscal year in which the director
proposes to implement these provisions the savings to the General
Fund from increased overpayment recoveries equals or exceeds the
additional costs to the state.
WELFARE AND INSTITUTIONS CODE
SECTION 11475.2-11487.5
11475.2. (a) If at any time the Director of Social Services
considers any public agency, which is required by law, by delegation
of the department, or by cooperative agreement, to perform functions
relating to the state plan for securing child and spousal support and
determining paternity, to be failing in a substantial manner to
comply with any provision of the state plan, the director shall put
that agency on written notice to that effect.
The state plan concerning spousal support shall apply only to
spousal support included in a child support order.
In this chapter the term spousal support shall include support for
a former spouse.
(b) If the director determines that there is a failure on the part
of that public agency to comply with the provisions of the state
plan, or if the State Personnel Board certifies to the director that
that public agency is not in conformity with applicable merit system
standards under Part 2.5 (commencing with Section 19800) of Division
5 of Title 2 of the Government Code, and that sanctions are necessary
to secure compliance, the director may invoke either or both of the
following sanctions:
(1) Withhold part or all of state and federal funds, including
incentive funds, from that public agency until the public agency
shall make a showing to the director of full compliance.
(2) Notify the Attorney General that there has been a failure to
comply with the state plan and the Attorney General shall take
appropriate action to secure compliance.
(c) Notwithstanding Sections 15200 and 15204.2, in the event of a
federal statewide child support program audit, review, or other
measure of program compliance or performance which results in the
reduction of federal funding for the Title IV-A program, the state
shall fund 100 percent of the federal reduction to ensure the
continuation of funding for allowable aid payments and related
administrative costs associated with the AFDC program.
(d) In the event of a federal determination to reduce or modify
federal funding for the Title IV-A program as a result of improper or
inadequate county administration of the child and spousal support
enforcement program, the department shall pass on to the counties any
federal sanction levied on or after January 1, 1991, regardless of
the date of the underlying federal audit, except for any sanctions
resulting from the 1986 audit or federal followup. For the purposes
of this section, the date of levy is the date the federal government
actually reduces, withholds, or otherwise modifies the state's
funding.
(e) The sanction shall be assessed as follows:
(1) The state shall assume responsibility for 50 percent of the
total federal sanction.
(2) Each county shall be assessed an amount equal to the amount of
increased county costs which would occur based on application of
Sections 15200 and 15204.2.
(3) For each county found to be out of compliance based on the
reviews conducted pursuant to Section 15200.8, the county shall be
assessed an amount equal to one-half the rate of the federal sanction
multiplied by the county's total federal Title IV-A program funding.
(4) For each county found to be marginally in compliance based on
the reviews conducted pursuant to Section 15200.8, the county shall
be assessed an amount equal to one-quarter the rate of the federal
sanction multiplied by the county's total federal Title IV-A program
funding. For the purposes of this section, a county is marginally in
compliance if it attains at least 75 percent, but not more than 80
percent, compliance with case processing criteria.
(5) In the event the amount of the federal sanction is less than
the amount required to apply paragraphs (1), (2), (3), and (4),
county liability under paragraph (4) shall be reduced accordingly. In
the event county liability under paragraph (4) is eliminated and the
amount of the federal sanction is less than the amount required to
apply paragraphs (1), (2), and (3), county liability under paragraph
(3) shall be reduced accordingly.
(6) The review pursuant to Section 15200.8 which was conducted
closest to the date the federal sanction was levied shall be used to
determine which counties are out of compliance and marginally in
compliance.
(f) There shall be established a sanction credit which shall
consist of any net increase in state revenue resulting from any
increase of more than 9 3/4 percent in distributed collections on
behalf of families receiving Aid to Families with Dependent Children
for each of the previous three state fiscal years.
(1) The balance of the sanction after application of subdivision
(e) shall be reduced by the amount of the sanction credit.
(2) In the event the sanction credit exceeds the balance of the
sanction after application of paragraph (1), the amount exceeding the
balance shall be used to reduce the liability of marginally
compliant counties under paragraph (4) of subdivision (e). Any
further balance shall be used to reduce the liability of
out-of-compliance counties under paragraph (3) of subdivision (e).
(3) In the event the sanction credit does not fully offset the
balance of the sanction after application of paragraph (1), the state
shall be responsible for 50 percent of the unmet balance, and the
remaining 50 percent shall be distributed to all counties in
proportion to their total Title IV-A program funding.
(g) The sanction assessed a county pursuant to this section shall
be levied as a general assessment against the county. Notwithstanding
Section 15200.97, a county may use any funds paid to that county
pursuant to Sections 15200.1, 15200.2, 15200.3, 15200.6, 15200.7,
15200.85, 15200.9, and 15200.95 over and above the county's cost of
administering the child support program to supplant any county funds
reduced under this section.
(h) In the event of any other audit or review which results in the
reduction or modification of federal funding for the program under
Part D (commencing with Section 652) of Subchapter IV of Title 42 of
the United States Code, the sanction shall be assessed against those
counties specifically cited in the federal findings in the amount
cited in those findings.
(i) The department shall establish a process whereby any county
assessed a portion of any sanction may appeal the department's
decision.
(j) Nothing in this section shall be construed as relieving the
board of supervisors of the responsibility to provide funds necessary
for the continued operation of the state plan as required by law.
11475.3. 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
this chapter, except recipients of foster care payments under Article
5 (commencing with Section 11400) 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.
11476.2. On a monthly basis, the local child support agency shall
provide to any CalWORKs recipient or former recipient for whom an
assignment pursuant to subdivision (a) of Section 11477 is currently
effective, a notice of the amount of assigned support payments made
on behalf of the recipient or former recipient or any other family
member for whom public assistance is received.
11476.6. Each local child support agency shall submit to the
department data revealing the range and median time periods by which
notification of the receipt of child support payments collected on
behalf of a family receiving aid under this chapter is made to the
local welfare department. The data shall contain the number and
percentage of cases in which the payments described herein are
conveyed within the time period prescribed by federal law.
11477. As a condition of eligibility for aid paid under this
chapter, each applicant or recipient shall do all of the following:
(a) (1) Do either of the following:
(i) For applications received before October 1, 2009, assign to
the county any rights to support from any other person the applicant
or recipient may have on his or her own behalf or on behalf of any
other family member for whom the applicant or recipient is applying
for or receiving aid, not exceeding the total amount of cash
assistance provided to the family under this chapter. Receipt of
public assistance under this chapter shall operate as an assignment
by operation of law. An assignment of support rights to the county
shall also constitute an assignment to the state. If support rights
are assigned pursuant to this subdivision, the assignee may become an
assignee of record by the local child support agency or other public
official filing with the court clerk an affidavit showing that an
assignment has been made or that there has been an assignment by
operation of law. This procedure does not limit any other means by
which the assignee may become an assignee of record.
(ii) For applications received on or after October 1, 2009, assign
to the county any rights to support from any other person the
applicant or recipient may have on his or her own behalf, or on
behalf of any other family member for whom the applicant or recipient
is applying for or receiving aid. The assignment shall apply only to
support that accrues during the period of time that the applicant is
receiving assistance under this chapter, and shall not exceed the
total amount of cash assistance provided to the family under this
chapter. Receipt of public assistance under this chapter shall
operate as an assignment by operation of law. An assignment of
support rights to the county shall also constitute an assignment to
the state. If support rights are assigned pursuant to this
subdivision, the assignee may become an assignee of record by the
local child support agency or other public official filing with the
court clerk an affidavit showing that an assignment has been made or
that there has been an assignment by operation of law. This procedure
does not limit any other means by which the assignee may become an
assignee of record.
(2) Support that has been assigned pursuant to paragraph (1) and
that accrues while the family is receiving aid under this chapter
shall be permanently assigned until the entire amount of aid paid has
been reimbursed.
(3) If the federal government does not permit states to adopt the
same order of distribution for preassistance and postassistance child
support arrears that are assigned on or after October 1, 1998,
support arrears that accrue before the family receives aid under this
chapter that are assigned pursuant to this subdivision shall be
assigned as follows:
(A) Child support assigned prior to January 1, 1998, shall be
permanently assigned until aid is no longer received and the entire
amount of aid has been reimbursed.
(B) Child support assigned on or after January 1, 1998, but prior
to October 1, 2000, shall be temporarily assigned until aid under
this chapter is no longer received and the entire amount of aid paid
has been reimbursed or until October 1, 2000, whichever comes first.
(C) On or after October 1, 2000, support assigned pursuant to this
subdivision that was not otherwise permanently assigned shall be
temporarily assigned to the county until aid is no longer received.
(D) On or after October 1, 2000, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(4) If the federal government permits states to adopt the same
order of distribution for preassistance and postassistance child
support arrears, child support arrears shall be assigned, as follows:
(A) Child support assigned pursuant to this subdivision prior to
October 1, 1998, shall be assigned until aid under this chapter is no
longer received and the entire amount has been reimbursed.
(B) On or after October 1, 1998, child support assigned pursuant
to this subdivision that accrued before the family receives aid under
this chapter and that was not otherwise permanently assigned, shall
be temporarily assigned until aid under this chapter is no longer
received.
(C) On or after October 1, 1998, support that was temporarily
assigned pursuant to this subdivision shall, when a payment is
received from the federal tax intercept program, be temporarily
assigned until the entire amount of aid paid has been reimbursed.
(b) (1) Cooperate with the county welfare department and local
child support agency in establishing the paternity of a child of the
applicant or recipient born out of wedlock with respect to whom aid
is claimed, and in establishing, modifying, or enforcing a support
order with respect to a child of the individual for whom aid is
requested or obtained, unless the applicant or recipient qualifies
for a good cause exception as provided in Section 11477.04. The
granting of aid shall not be delayed or denied if the applicant is
otherwise eligible, if the applicant completes the necessary forms
and agrees to cooperate with the local child support agency in
securing support and determining paternity, where applicable. The
local child support agency shall have staff available, in person or
by telephone, at all county welfare offices and shall conduct an
interview with each applicant to obtain information necessary to
establish paternity and establish, modify, or enforce a support order
at the time of the initial interview with the welfare office. The
local child support agency shall make the determination of
cooperation. If the applicant or recipient attests under penalty of
perjury that he or she cannot provide the information required by
this subdivision, the local child support agency shall make a finding
regarding whether the individual could reasonably be expected to
provide the information, before the local child support agency
determines whether the individual is cooperating. In making the
finding, the local child support agency shall consider all of the
following:
(A) The age of the child for whom support is sought.
(B) The circumstances surrounding the conception of the child.
(C) The age or mental capacity of the parent or caretaker of the
child for whom aid is being sought.
(D) The time that has elapsed since the parent or caretaker last
had contact with the alleged father or obligor.
(2) Cooperation includes the following:
(A) Providing the name of the alleged parent or obligor and other
information about that person if known to the applicant or recipient,
such as address, social security number, telephone number, place of
employment or school, and the names and addresses of relatives or
associates.
(B) Appearing at interviews, hearings, and legal proceedings
provided the applicant or recipient is provided with reasonable
advance notice of the interview, hearing, or legal proceeding and
does not have good cause not to appear.
(C) If paternity is at issue, submitting to genetic tests,
including genetic testing of the child, if necessary.
(D) Providing any additional information known to or reasonably
obtainable by the applicant or recipient necessary to establish
paternity or to establish, modify, or enforce a child support order.
(3) A recipient or applicant shall not be required to sign a
voluntary declaration of paternity, as set forth in Chapter 3
(commencing with Section 7570) of Part 2 of Division 12 of the Family
Code, as a condition of cooperation.
11477.02. Prior to referral of any individual or recipient, or that
person's case, to the local child support agency for child support
services under Section 17400 or 17404 of the Family Code, the county
welfare department shall determine if an applicant or recipient has
good cause for noncooperation, as set forth in Section 11477.04. If
the applicant or recipient claims a good cause exception at any
subsequent time to the county welfare department or the local child
support agency, the local child support agency shall suspend child
support services until the county welfare department determines the
good cause claim, as set forth in Section 11477.04. If good cause is
determined to exist, the local child support agency shall suspend
child support services until the applicant or recipient requests
their resumption, and shall take such other measures as are necessary
to protect the applicant or recipient and the children. If the
applicant or recipient is the parent of the child for whom aid is
sought and the parent is found to have not cooperated without good
cause as provided in Section 11477.04, the applicant's or recipient's
family grant shall be reduced by 25 percent for such time as the
failure to cooperate lasts.
11477.04. (a) An applicant or a recipient shall be considered to be
cooperating in good faith with the county welfare department or the
local child support agency for purposes of Section 11477 and shall be
eligible for aid, if otherwise eligible, if he or she cooperates or
has good cause for noncooperation. The county welfare department
shall make the good cause determination.
(b) Good cause shall be found if any of the following conditions
exist:
(1) Efforts to establish paternity or establish, modify, or
enforce a support obligation would increase the risk of physical,
sexual, or emotional harm to the child for whom support is being
sought.
(2) Efforts to establish paternity or establish, modify, or
enforce a support obligation would increase the risk of abuse, as
defined in Section 11495.1, to the parent or caretaker with whom the
child is living.
(3) The child for whom support is sought was conceived as a result
of incest or rape. A conviction for incest or rape is not necessary
for this paragraph to apply.
(4) Legal proceedings for the adoption of the child are pending
before a court of competent jurisdiction.
(5) The applicant or recipient is currently being assisted by a
public or licensed private adoption agency to resolve the issue of
whether to keep the child or relinquish the child for adoption.
(6) The applicant or recipient is cooperating in good faith but is
unable to identify or assist in locating the alleged father or
obligor.
(7) Any other reason that would make efforts to establish
paternity or establish, modify, or enforce a support obligation
contrary to the best interests of the child.
(c) Evidence supporting a claim for good cause includes, but is
not limited to, the following:
(1) Police, governmental agency, or court records, documentation
from a domestic violence program or a legal, clerical, medical,
mental health, or other professional from whom the applicant or
recipient has sought assistance in dealing with abuse, physical
evidence of abuse, or any other evidence that supports the claim of
good cause.
(2) Statements under penalty of perjury from individuals,
including the applicant or recipient, with knowledge of the
circumstances that provide the basis for the good cause claim.
(3) Birth certificates or medical, mental health, rape crisis,
domestic violence program, or law enforcement records that indicate
that the child was conceived as the result of incest or rape.
(4) Court documents or other records that indicate that legal
proceedings for adoption are pending before a court of competent
jurisdiction.
(5) A written statement from a public or licensed private adoption
agency that the applicant or recipient is being assisted by the
agency to resolve the issue of whether to keep the child or
relinquish the child for adoption.
(d) A sworn statement by a victim shall be sufficient to establish
abuse unless the agency documents in writing an independent,
reasonable basis to find the recipient not credible.
(e) Applicants or recipients who inquire about or claim good
cause, or otherwise indicate that they or their children are at risk
of abuse, shall be given referrals by the county welfare department
to appropriate community, legal, medical, and support services.
Followup by the applicant or recipient on those referrals shall not
affect eligibility for assistance under this chapter or the
determination of cooperation.
11477.1. No polygraph tests shall be administered to any applicant
or recipient of aid under this chapter for the purposes of
enforcement of Title IV-D of the Social Security Act, without written
notice to applicant or recipient that such test is not required and
without written consent thereto by such applicant or recipient.
11478.1. (a) It is the intent of the Legislature to protect
individual rights of privacy, and to facilitate and enhance the
effectiveness of the child and spousal support enforcement program,
by ensuring the confidentiality of support enforcement and 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
11475.2 of this code and Chapter 6 (commencing with Section 4900) of
Part 5 of Division 9 of the Family Code.
(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 subdivision (c), all files,
applications, papers, documents, and records established or
maintained by any public entity pursuant to the administration and
implementation of the child and spousal support enforcement program
established pursuant to Part D (commencing with Section 651) of
Subchapter IV of Chapter 7 of Title 42 of the United States Code and
this article, shall be confidential, and shall not be open to
examination or released for disclosure for any purpose not directly
connected with the administration of the child and spousal support
enforcement program. No public entity shall disclose any file,
application, paper, document, or record, or the information contained
therein, except as expressly authorized by this section.
(2) In no case shall information be released or the whereabouts of
one party or the child disclosed to another party, or to the
attorney of any other party, if a protective order has been issued by
a court or administrative agency with respect to the former party, a
good cause claim under Section 11477.04 has been approved or is
pending, or the public agency responsible for establishing paternity
or enforcing support has reason to believe that the release of the
information may result in physical or emotional harm to the former
party or the child.
(3) Notwithstanding any other provision of law, a proof of service
filed by the district attorney shall not disclose the address where
service of process was accomplished. Instead, the district attorney
shall keep the address in his or her own records. The proof of
service shall specify that the address is on record at the district
attorney's office and that the address may be released only upon an
order from the court pursuant to paragraph (6) of subdivision (c).
The district attorney shall, upon request by a party served, release
to that person the address where service was effected.
(c) Disclosure of the information described in subdivision (b) is
authorized as follows:
(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 prosecutions conducted in
connection with the administration of the child and spousal support
enforcement program approved under Part D (commencing with Section
651) of Subchapter IV of Chapter 7 of Title 42 of the United States
Code, and any other plan or program described in Section 303.21 of
Title 45 of the Code of Federal Regulations and to the county welfare
department responsible for administering a program operated under a
state plan pursuant to Subpart 1 or 2 or Part B or Part E of
Subchapter IV of Chapter 7 of Title 42 of the United States Code.
(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) The payment history of an obligor pursuant to a support order
may be examined by or released to the court, the obligor, or the
person on whose behalf enforcement actions are being taken or that
person's designee.
(4) Income and expense information of either parent may be
released to the other parent for the purpose of establishing or
modifying a support order.
(5) Public records subject to disclosure under the Public Records
Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of the
Government Code) may be released.
(6) After a noticed motion and a finding by the court, in a case
in which establishment or enforcement actions are being taken, that
release or disclosure to the obligor or obligee is required by due
process of law, the court may order a public entity that possesses an
application, paper, document, or record as described in subdivision
(b) to make that item available to the obligor or obligee for
examination or copying, or to disclose to the obligor or obligee the
contents of that item. Article 9 (commencing with Section 1040) of
Chapter 4 of Division 3 of the Evidence Code shall not be applicable
to proceedings under this part. At any hearing of a motion filed
pursuant to this section, the court shall inquire of the district
attorney and the parties appearing at the hearing if there is reason
to believe that release of the requested information may result in
physical or emotional harm to a party. If the court determines that
harm may occur, the court shall issue any protective orders or
injunctive orders restricting the use and disclosure of the
information as are necessary to protect the individuals.
(7) To the extent not prohibited by federal law or regulation,
information indicating the existence or imminent threat of a crime
against a child, or location of a concealed, detained, or abducted
child or the location of the concealing, detaining, or abducting
person, may be disclosed to any district attorney, 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.
(8) The social security number, most recent address, and the place
of employment of the absent parent may be released to an authorized
person as defined in Section 653(c) of Title 42 of the United States
Code, only if the authorized person has filed a request for the
information, and only if the information has been provided to the
California Parent Locator Service by the federal Parent Locator
Service pursuant to Section 653 of Title 42 of the United States
Code.
(d) (1) "Administration and implementation of the child and
spousal support enforcement program," as used in this section, means
the carrying out of the state and local plans for establishing,
modifying, and enforcing child support obligations, enforcing spousal
support orders, and determining paternity pursuant to Part D
(commencing with Section 651) of Subchapter IV of Chapter 7 of Title
42 of the United States Code and this article.
(2) For purposes of this section, "obligor" means any person owing
a duty of support.
(3) As used in this chapter, "putative parent" shall refer to any
person reasonably believed to be the parent of a child for whom the
district attorney is attempting to establish paternity or establish,
modify, or enforce support pursuant to Section 11475.1.
(e) Any person who willfully, knowingly, and intentionally
violates this section is guilty of a misdemeanor.
(f) Nothing in this section shall be construed to compel the
disclosure of information relating to a deserting parent who is a
recipient of aid under a public assistance program for which federal
aid is paid to this state, if that information is required to be kept
confidential by the federal law or regulations relating to the
program.
11479. In all cases in which the paternity of the child has not
been established to the satisfaction of the county department, the
county department shall refer the applicant to local child support
agency at the time the application is signed. Upon the advice of a
county department that a child is being considered for adoption, and
regardless of whether or not the whereabouts of the parent is known,
the local child support agency shall delay the investigation and
other action with respect to the case until advised that the adoption
is no longer under consideration. The local child support agency
shall conduct such investigation as the agency considers necessary,
and where he or she deems it appropriate, the agency may bring an
action under Chapter 4 (commencing with Section 7630) of Part 3 of
Division 12 of the Family Code. When the cause is at issue, it shall
be set for trial at the earliest possible date and shall take
precedence over all other cases except older matters of the same
character and matters to which precedence may be given by law.
11480. Any person other than a needy child, who willfully and
knowingly receives or uses any part of an aid grant paid pursuant to
this chapter for a purpose other than support of the needy children
and the caretaker involved, is guilty of a misdemeanor.
11481. If the district attorney, during the course of any
investigation made by him pursuant to this article, determines that
any person has committed any act or has omitted the performance of
any duty, which act or omission causes or tends to cause or encourage
any child receiving aid under this chapter to come within the
provisions of Sections 300, 601, or 602 of this code, the district
attorney shall prosecute such person under the provisions of Section
272 of the Penal Code.
11481.5. The department shall evaluate the effectiveness of a
24-hour welfare fraud hotline pilot project, to assess greater public
involvement and assistance in welfare fraud detection.
11482. Any person other than a needy child, who willfully and
knowingly, with the intent to deceive, makes a false statement or
representation or knowingly fails to disclose a material fact to
obtain aid, or who, knowing he or she is not entitled thereto,
attempts to obtain aid or to continue to receive aid to which he or
she is not entitled, or a larger amount than that to which he or she
is legally entitled, is guilty of a misdemeanor, except as specified
in Section 11482.5 and shall be subject to prosecution under the
provisions of Chapter 9 (commencing with Section 10980) of Part 2.
11482.5. Any person who knowingly makes more than one application
for aid with the intent of establishing multiple entitlements for any
person for the same period, or who makes an application for aid by
claiming a false identity for any person or by making an application
for a fictitious or nonexistent person, is guilty of a felony and
shall be subject to prosecution under the provisions of Chapter 9
(commencing with Section 10980) of Part 2.
11483. Except as specified in Section 11483.5, whenever any person
has, by means of false statement or representation or by
impersonation or other fraudulent device, obtained aid for a child
not in fact entitled thereto, the person obtaining such aid shall be
subject to prosecution under the provisions of Chapter 9 (commencing
with Section 10980) of Part 2.
When the allegation is limited to failure to report not more than
two thousand dollars ($2,000) of income or resources, or the failure
to report the presence of an additional person or persons in the
household, all actions necessary to secure restitution shall be
brought against persons in violation of Section 10980. The action for
restitution may be satisfied by sending a registered letter
requesting restitution to the last address at which the person was
receiving public assistance.
11483.5. Any person who obtains more than one aid payment for any
person as a result of knowingly making more than one application for
aid with the intent of establishing multiple entitlements for that
person during the same period, or who obtains aid for any person by
making an application claiming a false identity or by making an
application for a fictitious or nonexistent person, is guilty of a
felony, and shall be subject to prosecution under the provisions of
Chapter 9 (commencing with Section 10980) of Part 2.
11484. On request, all state, county, and local agencies shall
cooperate with an investigator of an agency whose primary function is
to detect, prevent, or prosecute public assistance fraud, by
providing 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, or attempted to obtain aid for an individual under this
chapter. That information is subject to confidentiality requirements
under Chapter 5 (commencing with Section 10850) of Part 2. For
purposes of this section, "information" shall not include taxpayer
return information as defined in Section 19549 of the Revenue and
Taxation Code, unless disclosure of this information is expressly
authorized pursuant to Article 2 (commencing with Section 19501) of
Chapter 7 of Part 10.2 of the Revenue and Taxation Code.
11485. If, to the knowledge of the court, aid has been applied for
or granted to a child of parents who are engaged in a divorce or
separate maintenance action which is pending, or if the court at any
stage of the litigation believes that within the near future there is
a likelihood that aid will be applied for on behalf of the child,
the court shall direct the clerk to notify the local child support
agency and the county department of the pending action.
In any case in which aid has been applied for on behalf of the
child, and the county department has knowledge that an action for
divorce or separate maintenance has been filed, it shall be the duty
of the county director to notify the court that aid is being paid or
has been applied for, and to furnish to it such information as is
available to the county department as to the financial resources of
the parents which might be applied to child support.
The enforcement remedies provided the local child support agency
under this article shall not preclude the use of any other remedy
which he has under the law to enforce this article.
11486. (a) The needs of any individual who is a member of a family
applying for, or receiving, aid under this chapter shall not be taken
into account in making the determination under Section 11450 with
respect to his or her family beginning on the date, or at any time
thereafter, the individual is found in state or federal court or
pursuant to an administrative hearing decision, including any
determination made on the basis of a plea of guilty or nolo
contendere, to have committed any of the following acts:
(1) Making a fraudulent statement or representation with respect
to the place of residence of the individual in order to receive
assistance simultaneously from two or more states or counties.
(2) Submitting documents for nonexistent children, or submitting
false documents for the purpose of showing ineligible children to be
eligible for aid.
(3) When there has been a receipt of cash benefits that exceeds
ten thousand dollars ($10,000) as a result of intentionally and
willfully doing any of the following acts for the purpose of
establishing or maintaining the family's eligibility for aid or
increasing or preventing a reduction in the amount of aid:
(A) Making a false or misleading statement or misrepresenting,
concealing, or withholding facts.
(B) Committing any act intended to mislead, misrepresent, conceal,
or withhold facts or propound a falsity.
(b) The needs of any individual who is a member of a family
applying for, or receiving, aid under this chapter shall not be taken
into account in making the determination under Section 11450 with
respect to his or her family for the following periods beginning on
the date or any time thereafter the individual is convicted of a
felony in state or federal court, including any determination made on
the basis of a plea of guilty or nolo contendere, for committing
fraud in the receipt or attempted receipt of aid:
(1) For two years, if the amount of aid is less than two thousand
dollars ($2,000).
(2) For five years, if the amount of aid is two thousand dollars
($2,000) or more but is less than five thousand dollars ($5,000).
(3) Permanently, if the amount of aid is five thousand dollars
($5,000) or more.
(c) (1) Except as provided in subdivisions (a) and (b), the needs
of any individual who is a member of a family applying for, or
receiving, aid under this chapter to whom paragraph (2) applies shall
not be taken into account in making the determination under Section
11450 with respect to his or her family for the following periods:
(A) For a period of six months upon the first occasion of any
offense referred to in paragraph (2).
(B) For a period of 12 months upon the second occasion of any of
those offenses referred to in paragraph (2).
(C) Permanently, upon the third occasion of any offense referred
to in subdivision (b) and paragraph (2).
(2) Except as provided in subdivisions (a), (b) and (d), paragraph
(1) shall apply to any individual who is found by a federal or state
court, or pursuant to a special administrative hearing meeting the
requirements of regulations adopted by the United States Secretary of
Health and Human Services, including any determination made on the
basis of a plea of guilty or nolo contendere, to have done any of the
following acts for the purpose of establishing or maintaining the
family's eligibility for aid or increasing, or preventing a reduction
in, the amount of that aid:
(A) Making a false or misleading statement or misrepresenting,
concealing, or withholding facts.
(B) Committing any act intended to mislead, misrepresent, conceal,
or withhold facts or propound a falsity.
(d) (1) Except as provided in subdivisions (a) and (b), and
notwithstanding subdivision (c), the needs of any individual who is a
member of a family applying for, or receiving, aid under this
chapter to whom paragraph (2) applies shall not be taken into account
in making the determination under Section 11450 with respect to his
or her family for the following periods:
(A) For a period of two years upon the first occasion of any
offense referred to in paragraph (2).
(B) For a period of four years upon the second occasion of any
offense referred to in paragraph (2).
(C) Permanently, upon the third occasion of any offense referred
to in subdivision (b) and paragraph (2).
(2) Paragraph (1) shall apply to any individual who is found by a
federal or state court, or pursuant to a special administrative
hearing meeting the requirements of regulations adopted by the United
States Secretary of Health and Human Services, including any
determination made on the basis of a plea of guilty or nolo
contendere, to have submitted more than one application for the same
type of aid for the same period of time, for the purpose of receiving
more than one grant of aid in order to establish or maintain the
family's eligibility for aid or increasing, or preventing a reduction
in, the amount of that aid.
(e) Proceedings against any individual alleged to have committed
an offense described in subdivision (c) or (d) may be held either by
hearing, pursuant to Section 10950 and in conformity with the
regulations of the United States Secretary of Health and Human
Services, if appropriate, or by referring the matter to the
appropriate authorities for civil or criminal action in court.
(f) The department shall coordinate any action taken under this
section with any corresponding actions being taken under the Food
Stamp Program in any case where the factual issues involved arise
from the same or related circumstances.
(g) Any period for which sanctions are imposed under this section
shall remain in effect, without possibility of administrative stay,
unless and until the findings upon which the sanctions were imposed
are subsequently reversed by a court of appropriate jurisdiction, but
in no event shall the duration of the period for which the sanctions
are imposed be subject to review.
(h) Sanctions imposed under this section shall be in addition to,
and not in substitution for, any other sanctions which may be
provided for by law with respect to the offenses for which the
sanctions are imposed.
(i) The department shall adopt regulations to ensure that any
investigations made under this chapter are conducted throughout the
state in such a manner as to protect the confidentiality of the
current or former working recipient.
(j) Each county shall receive an amount equal to 12.5 percent of
the actual amount of aid under this chapter repaid or recovered by a
county, as determined by the Director of the Department of Finance
resulting from the detection of fraud.
11486.3. (a) The department, in consultation with system
stakeholders, including county welfare departments, shall examine the
CalWORKs sanction policy, its implementation, and effect on work
participation, including but not limited to all of the following:
(1) The characteristics of the persons being sanctioned.
(2) The reason participants are being sanctioned.
(3) The length of time in sanctioned status.
(4) Positive and negative sanction outcomes.
(5) County variances in sanction policies, rates, and outcomes.
(6) The relationship between sanction rates and work
participation.
(7) The impact of sanctions on families and their ability to
become self-sufficient.
(8) Adequacy of procedures to resolve noncompliance prior to the
implementation of sanctions.
(b) The department shall develop recommendations to improve the
effectiveness of sanctions in achieving participant compliance,
assisting families in becoming self-sufficient, and other desired
program outcomes.
(c) The department shall report its findings and recommendations
to the appropriate fiscal and policy committees of the Legislature by
April 1, 2005.
11486.5. (a) An individual shall not be eligible for aid under this
chapter if he or she is either:
(1) Fleeing to avoid prosecution, or custody and confinement after
conviction, under the laws of the place from which the individual is
fleeing, for a crime or an attempt to commit a crime that is a
felony under the laws of the place from which the individual is
fleeing, or which, in the case of the State of New Jersey, is a high
misdemeanor under the laws of that state.
(2) Violating a condition of probation or parole imposed under
federal law or the law of any state.
(b) Subdivision (a) shall not apply with respect to conduct of an
individual for any month beginning after the President of the United
States grants a pardon with respect to the conduct.
11487. Except as provided in Section 11457, whenever any aid under
this chapter is repaid to a county or recovered by a county, the
state shall be entitled to a share of the amount received or
recovered, proportionate to the amount of state funds paid, and, if
funds advanced by the federal government were paid, the federal
government shall be entitled to a share of the amount received or
recovered, proportionate to the amount of federal funds paid.
11487.5. (a) Notwithstanding any other provision of law, including
Sections 11487 and 15204.5, the department shall implement a program
in any participating county whereby the county shall be reimbursed
for overpayment recoveries under Section 11004 as follows:
(1) Reimbursement shall be made to a participating county based on
a plan of operations for a program of overpayment recoveries that is
approved by the department. No operating plan shall be approved by
the department unless the plan contains assurances that the
participating county will maintain a centralized unit or designate a
person or persons to perform the overpayment recovery activities.
(2) Reimbursement shall be made for all allowable administrative
costs incurred, as defined by the department, to make a recovery of
overpayments under Section 11004, not to exceed the state's share of
the overpayments recovered by the county.
(b) For purposes of this section, "participating county" means any
county in which the welfare director applies to the department for
participation in the program prescribed by this section.
(c) This section shall be implemented when both of the following
have occurred:
(1) The federal government has made funding available for the
activities described in this section.
(2) The Department of Finance has examined the annual projection
of costs and savings for these activities certified by the director,
and has determined that during each fiscal year in which the director
proposes to implement these provisions the savings to the General
Fund from increased overpayment recoveries equals or exceeds the
additional costs to the state.
