SECTIONS 10080-10093 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 10080-10093

10080. (a) The Legislature finds and declares the following:
(1) The failure of the Statewide Automated Child Support System
(SACSS) has left California without a statewide automated child
support system as required by federal law and subjects the state to
significant federal penalties.
(2) Statewide uniformity of child support enforcement practices
and procedures is essential to an effective child support enforcement
program.
(3) A single statewide automated child support system promotes
uniformity and supports a child support collection system that keeps
children out of poverty and reduces welfare costs. Successful
implementation of a single statewide child support system is critical
to the welfare of California and its children.
(4) The federal government has informed the state that the
proposed consortia-based alternative system configuration submitted
by the state for approval does not meet the criteria required by
federal law.
(5) The federal government has informed the state that it intends
to disapprove the state's child support (Title IV-D) plan because the
state has failed to timely implement a State Disbursement Unit as
required by federal law. Disapproval of the state IV-D plan may
result in the state's ineligibility for a federal Temporary
Assistance to Needy Families (TANF) block grant under Title IV-A of
the Social Security Act jeopardizing the receipt of billions of
dollars of federal funds.
(b) It is, therefore, the intent of the Legislature to:
(1) Establish a single statewide automated child support system
that complies with all federal certification requirements, federal
and state laws and policies, meets Year 2000 requirements, and
ensures child support collections will continue to increase.
(2) Ensure that all counties will have an automation system that
will allow them to continue their child support services while a
single statewide automated child support system is developed and
implemented.
(3) Designate the Franchise Tax Board, as an agent for the
department, as the entity responsible for the procurement,
development, implementation, and maintenance of the single statewide
automated system in accordance with the state's child support (Title
IV-D) plan.
(4) Ensure that the single statewide automated system project will
be completed successfully and in the most expeditious manner
possible through the cooperation of all affected state agencies.
(5) Ensure county participation and compliance with the single
statewide automated system by providing for the sharing of federal
penalties.
(6) Avoid the repetition of the practices that led to the failure
of the SACSS system and to require the department to ensure that
procedures are in place to prevent the repetition of those practices.

10080.5. All duties and authority of the Franchise Tax Board under
this chapter are hereby transferred to the department. The department
shall succeed to and replace the Franchise Tax Board in any
agreement entered into by the board as the agent of the department.
Any agency between the department and the Franchise Tax Board created
by any other provision of this chapter is hereby terminated.
However, the department and the Franchise Tax Board shall enter into
an interagency agreement pursuant to this section to continue any
services necessary to be provided by the Franchise Tax Board for the
ongoing support of the California Child Support Automation System.
The interagency agreement may provide for the transfer of staff from
the Franchise Tax Board upon federal notification that the single,
statewide California Child Support Automation System is implemented
in all jurisdictions, or on January 1, 2009, whichever is later.

10081. The definitions contained in this section shall govern the
construction of this chapter, unless the context requires otherwise:
(a) "Annual automation cooperation agreement" or "AACA" means an
agreement between a county and the department, developed in
consultation with the Franchise Tax Board, that specifies the
responsibilities, activities, milestones, and consequences in regard
to automation and that provides the authority for the department to
pass through automation funding to the counties. The AACA shall be
incorporated into the cooperative agreement between the department
and the county, as described in subdivision (a) of Section 17304 of
the Family Code.
(b) "California Child Support Automation System" means a single
automated child support system operative in all California counties
and includes the State Case Registry, the State Disbursement Unit,
and all other necessary data bases and interfaces.
(c) "Consortia" means one or more counties that have entered into
an agreement to jointly use and maintain a common automated child
support system.
(d) "Department" means the state agency designated as the single
state agency responsible for operating the child support enforcement
program.
(e) "Director" means the director of the state agency designated
as the single state agency responsible for operating the child
support enforcement program.
(f) "Local child support agency" means the county department
established pursuant to Section 17304 of the Family Code.
(g) "Work plan" means a comprehensive document developed by a
county that is used to manage its activities toward statewide
automation. The work plan shall include, but not be limited to, all
tasks, timelines, resources, and critical milestones necessary to
complete the county's project responsibilities and any other
provision specified by the department.

10082. (a) The department, through the Franchise Tax Board as its
agent, shall be responsible for procuring, developing, implementing,
and maintaining the operation of the California Child Support
Automation System in all California counties. This project shall, to
the extent feasible, use the same sound project management practices
that the Franchise Tax Board has developed in successful tax
automation efforts. The single statewide system shall be operative in
all California counties and shall also include the State Case
Registry, the State Disbursement Unit and all other necessary data
bases and interfaces. The system shall provide for the sharing of all
data and case files, standardized functions across all of the
counties, timely and accurate payment processing and centralized
payment disbursement from a single location in the state. The system
may be built in phases with payments contingent on acceptance of
agreed upon deliverables. As appropriate, additional payments may be
made to the vendors for predefined levels of higher performance once
the system is in operation.
(b) All ongoing interim automation activities apart from the
procurement, development, implementation, and maintenance of the
California Child Support Automation System, including Year 2000
remediation efforts and system conversions, shall remain with the
department, and shall not be the responsibility of the Franchise Tax
Board. However, the department shall ensure that all interim
automation activities are consistent with the procurement,
development, implementation, and maintenance of the California Child
Support Automation System by the Franchise Tax Board through
continuous consultation.
(c) The department shall seek, at the earliest possible date, all
federal approvals and waivers necessary to secure financial
participation and system design approval of the California Child
Support Automation System.
(d) The department shall seek federal funding for the maintenance
and operation of all county child support automation systems until
the time that the counties transition to the California Child Support
Automation System.
(e) The department shall direct local child support agencies, if
it determines it is necessary, to modify their current automation
systems or change to a different system, in order to meet the goal of
statewide automation.
(f) Notwithstanding any state policies, procedures, or guidelines,
including those set forth in state manuals, all state agencies shall
cooperate with the department to expedite the procurement,
development, implementation, and operation of the California Child
Support Automation System. All state agencies shall give review
processes affecting the single statewide automation system priority
and expedite these review processes.
(g) The Franchise Tax Board shall employ the expertise needed for
the successful and efficient implementation of the single statewide
child support automation system and, therefore, shall be provided
three Career Executive Assignment Level 2 positions, and may enter
into personal services agreements with one or more persons, at the
prevailing market rates for the kind or quality of services
furnished, provided the agreements do not cause the net displacement
of civil service employees.
(h) All funds appropriated to the Franchise Tax Board for purposes
of this chapter shall be used in a manner consistent with the
authorized budget without any other limitations.
(i) The department and the Franchise Tax Board shall consult with
local child support agencies and child support advocates on the
implementation of the single statewide child support automation
system.
(j) (1) Notwithstanding the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), through December
31, 2000, the department may implement the applicable provisions of
this chapter through family support division letters or similar
instructions from the director.
(2) The department may adopt regulations to implement this chapter
in accordance with the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code. The adoption of any emergency regulation filed
with the Office of Administrative Law on or before January 1, 2003,
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, and safety or general
welfare. These emergency regulations shall remain in effect for no
more than 180 days.

10084. (a) The department shall be responsible for requiring each
local child support agency to cooperate in establishing the
California Child Support Automation System in every county. This
requirement shall include taking steps necessary to facilitate the
transition from interim systems to the California Child Support
Automation System, including those modifications to current systems
as the department may require in subdivision (d) of Section 10082.
(b) The department shall require each local child support agency
to enter into an annual automation cooperation agreement (AACA) with
the department. The department, in consultation with the Franchise
Tax Board, shall specify the terms of the agreement.
(c) Each local child support agency shall develop and submit a
work plan to the department by the dates specified by the department
in the AACA.
(d) If the AACA needs to be amended due to a change in state or
federal law, regulations, or policy, each local child support agency
must enter into an amended AACA as required by the department.
(e) A local child support agency shall not receive any state
General Fund moneys or federal funds for child support automation
efforts for any period in which the department has found that the
local child support agency has failed to do any of the following:
(1) Enter into an AACA.
(2) Develop, submit, or comply with their work plan.
(3) Enter into an amended AACA when required by the department.
(4) Comply with any other provision of the AACA.
(f) The department shall establish a process whereby a county that
has had state or federal funds withheld pursuant to this section may
appeal the department's decision.

10085. (a) (1) Automation costs for county interim systems shall be
funded with General Fund incentive funds available pursuant to
paragraph (1) of subdivision (b) of Section 15200.81 prior to the
funding of administrative costs pursuant to clause (I) of
subparagraph (B) of paragraph (2) of subdivision (b) of Section
15200.81.
(2) Automation costs for county interim systems shall be funded
with General Fund incentive funds available pursuant to paragraph (1)
of subdivision (b) of Section 17704 of the Family Code prior to the
funding of administrative costs pursuant to clause (I) of
subparagraph (B) of paragraph (2) of subdivision (b) of Section 17704
of the Family Code.
(3) Paragraph (2) shall only become operative if Assembly Bill 196
of the 1999-2000 Regular Session becomes operative January 1, 2000,
in which case paragraph (1) shall be operative only until the
operative date of Assembly Bill 196, at which time paragraph (2)
shall become operative.
(b) To the extent funds are provided in the annual Budget Act, the
state shall be responsible for funding the development and
procurement of the California Child Support Automation System, all
costs of transitioning the local child support agencies from their
existing child support automation systems to that system, and all of
the nonfederal share of local child support agencies' interim
automation costs, which may include the following:
(1) Data cleanup and conversion activities, training costs, and
costs associated with the development of county interfaces, as
defined by the department.
(2) Costs associated with ongoing maintenance and operations, as
specified by the department.
(3) Enhancement costs related to state and federal mandates, as
specified by the department.
(4) Enhancement costs related to Year 2000 requirements, as
specified by the department. For any local child support agency that
does not develop a Year 2000 remediation plan approved by the
department, according to standards developed by the department, and
does not make progress on the approved work plan, no state funds
shall be available.
(5) Enhancement costs required to meet the distribution
requirements contained in Public Law 104-193 and any subsequent
amendments to the distribution requirements, as specified by the
department.
(6) Any other costs as deemed necessary by the department to
ensure that local child support agencies can continue operating
essential interim automation systems.
(c) (1) Automation costs under this chapter shall not be
considered county administrative costs described in Section 15200.81.
(2) Automation costs under this chapter shall not be considered
county administrative costs described in Section 17704 of the Family
Code.
(3) Paragraph (2) shall only become operative if Assembly Bill 196
of the 1999-2000 Regular Session becomes operative January 1, 2000,
in which case paragraph (1) shall be operative only until the
operative date of Assembly Bill 196, at which time paragraph (2)
shall become operative.
(d) Notwithstanding any other provision of law, no local child
support agency may enhance or expand a child support automation
system unless specifically authorized by the director, in writing,
after having made a finding that the enhancement or expansion costs
are necessary to maintain existing levels of service, accommodate
changes in state or federal law, or will result in increased
short-term program performance and is otherwise cost-effective. The
director shall respond within 60 days to the request for
authorization.

10086. If the state pays on behalf of a county child support
automation costs that are otherwise the responsibility of the county,
the state may recover these payments through billing the county or
offset of amounts from any state payments due to the county after
consulting with the county on the recovery methodology.

10087. To the extent that funds are provided in the annual Budget
Act, the state shall pay all of the federal share of local child
support agency child support automation costs that are unfunded by
the federal government. The department shall establish the criteria
under which these costs shall be paid to each local child support
agency. Criteria shall include, but are not limited to, the
following: The local child support agency's compliance with the
requirements to enter into an AACA with the department; the local
child support agency's development, submission, and compliance with
its approved work plans; the local child support agency's action to
enter into an amended AACA when required by the department; and the
local child support agency's compliance with all of the provisions of
the AACA.

10088. (a) If the federal government imposes a penalty on
California's child support program for failure to meet the federal
automation requirements, the penalty, for purposes of this chapter,
shall be considered a reduction of federal financial participation in
county and state administrative costs of the child support program,
and shall be allocated to each local child support agency in
proportion to its administrative costs. In such a case, the
department may hold penalties in abeyance and supplant any dollar
reduction to county administrative funding, up to 100 percent of the
reduction, subject to the availability of funds in the annual Budget
Act. The department and the Department of Finance shall establish
criteria under which the penalties may be held in abeyance to each
local child support agency. Criteria for which these penalties may be
held in abeyance include, but are not limited to, the following: The
local child support agency has entered into an AACA with the
department; the local child support agency is meeting all due dates
in its work plan, including steps to resolve any Year 2000 problems;
the local child support agency has resolved any federal distribution
requirement problems; and the county is otherwise cooperating in its
current automation and AACA requirements and establishing the
California Child Support Automation System.
(b) Any local child support agency that receives a reduction in
federal funding as a result of the imposition of a federal penalty
shall continue to comply with state and federal law and all
requirements of the state plan and plans of cooperation, including
the AACA.
(c) This section shall become operative on July 1, 2004.

10090. The department and the Franchise Tax Board shall provide, at
least twice annually, written or oral reports on the development and
implementation of the California Child Support Automation System to
interested persons and organizations, which shall include the
California State Association of Counties, the California Family
Support Council, members of the Legislature, and child support
advocacy groups.

10091. (a) The department, in consultation with the Franchise Tax
Board, shall be responsible for establishing timelines for the
development and implementation of the California Child Support
Automation System. The initial timeline shall address all procurement
activities through award of the contracts. A second timeline shall
be established covering development and implementation activities
once the contract award has been made to the selected vendors. All
timelines shall incorporate discrete development milestones that are
enforceable and provide reliable progress indications.
(b) The department and the Franchise Tax Board shall report
progress against the established timelines during the annual budget
hearing process.

10092. (a) The department, in consultation with the Franchise Tax
Board, shall provide uniform statewide training at appropriate
intervals to best train state and local child support agency
employees on the use and application of the California Child Support
Automation System.
(b) The department, in consultation with the Franchise Tax Board,
shall develop a training and reference manual to be disseminated to
all local child support agencies for employee use.

10093. The provisions of this chapter are severable. If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.