SB 1511: Family law omnibus bill.
- Session Year: 2017-2018
- House: Senate
- Latest Version Date: 2018-08-17
(1)Existing law generally authorizes commissioners of civil marriages, including retired and deputy commissioners of civil marriages, to solemnize a marriage. Existing law imposes misdemeanor penalties on a commissioner of civil marriages who accepts money or other value for solemnizing a marriage, unless the marriage is solemnized on a Saturday, Sunday, or a legal holiday. Existing law also authorizes a commissioner of civil marriages to solemnize a marriage for reasonable compensation.
This bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday.
(2)Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
This bill would excuse a child from the requirement to be a full-time high school student for purposes of these provisions if the child has a medical condition documented by a physician that prevents full-time school attendance.
(3)Existing law provides various procedures for the collection of child support and establishes, within the Department of Child Support Services, the State Disbursement Unit for the collection and disbursement of payments pursuant to support orders. Existing law also provides for the collection of child support by private child support collectors and requires those entities to take specified actions, including establishing a direct deposit account with the State Disbursement Unit and, within 2 business days from the date the funds are disbursed from the State Disbursement Unit to the private child support collector, if a portion of the funds constitute an obligors fee, to notify the department of the portion of each collection that constitutes a fee.
This bill would remove the requirement that a private child support collector establish a direct deposit account with the State Disbursement Unit and would remove the notification requirement. The bill, to the extent allowed by federal law, would require any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker, as defined.
The bill would also remove requirements relating to the transfer of child support collection and distribution functions to the state, including a requirement that all child support collections remaining undisbursed, with interest earned on these funds, be transferred to the department for deposit in the Child Support Payment Trust Fund.
(4)The Uniform Parentage Act authorizes a hearing or trial held under its provisions to be held in closed court without admittance of any person other than those necessary to the action or proceeding. Under the act, all papers and records, other than the final judgment, pertaining to an action or proceeding are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown, except as specified.
This bill would authorize the papers and records relating to establishing paternity and establishing and enforcing child support orders in a proceeding under the act to be subject to inspection and copying by any local child support agency.
(5)Existing law authorizes a trial court to, by local rule, require the electronic filing and service of documents in civil actions, subject to certain conditions. Existing law exempts, until January 1, 2019, a local child support agency from a trial courts mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with those requirements.
This bill would extend the above-described exemption for a local child support agency until January 1, 2021.
(6)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.This bill would, on January 1, 2019, ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.(7)The Uniform Interstate Family Support Act (UIFSA) governs the establishment, enforcement, and modification of interstate child and spousal support orders by providing jurisdictional standards and rules for determining which states order is a controlling order and whether a tribunal of this state may exercise continuing, exclusive jurisdiction over a support proceeding.This bill would specify, beginning on July 1, 2018, that certain court filings made in accordance with UIFSA are exempt from a requirement to pay a filing fee.(8)(6)This bill would also make technical, nonsubstantive changes to these provisions.
(9)(7)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law generally authorizes commissioners of civil marriages, including retired and deputy commissioners of civil marriages, to solemnize a marriage. Existing law imposes misdemeanor penalties on a commissioner of civil marriages who accepts money or other value for solemnizing a marriage, unless the marriage is solemnized on a Saturday, Sunday, or a legal holiday. Existing law also authorizes a commissioner of civil marriages to solemnize a marriage for reasonable compensation.
This bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday.
(2)Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
This bill would excuse a child from the requirement to be a full-time high school student for purposes of these provisions if the child has a medical condition documented by a physician that prevents full-time school attendance.
(3)Existing law provides various procedures for the collection of child support and establishes, within the Department of Child Support Services, the State Disbursement Unit for the collection and disbursement of payments pursuant to support orders. Existing law also provides for the collection of child support by private child support collectors and requires those entities to take specified actions, including establishing a direct deposit account with the State Disbursement Unit and, within 2 business days from the date the funds are disbursed from the State Disbursement Unit to the private child support collector, if a portion of the funds constitute an obligors fee, to notify the department of the portion of each collection that constitutes a fee.
This bill would remove the requirement that a private child support collector establish a direct deposit account with the State Disbursement Unit and would remove the notification requirement. The bill, to the extent allowed by federal law, would require any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker, as defined.
The bill would also remove requirements relating to the transfer of child support collection and distribution functions to the state, including a requirement that all child support collections remaining undisbursed, with interest earned on these funds, be transferred to the department for deposit in the Child Support Payment Trust Fund.
(4)The Uniform Parentage Act authorizes a hearing or trial held under its provisions to be held in closed court without admittance of any person other than those necessary to the action or proceeding. Under the act, all papers and records, other than the final judgment, pertaining to an action or proceeding are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown, except as specified.
This bill would authorize the papers and records relating to establishing paternity and establishing and enforcing child support orders in a proceeding under the act to be subject to inspection and copying by any local child support agency.
(5)Existing law authorizes a trial court to, by local rule, require the electronic filing and service of documents in civil actions, subject to certain conditions. Existing law exempts, until January 1, 2019, a local child support agency from a trial courts mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with those requirements.
This bill would extend the above-described exemption for a local child support agency until January 1, 2021.
(5)(6)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would would, on January 1, 2019, ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
(6)(7)The Uniform Interstate Family Support Act (UIFSA) governs the establishment, enforcement, and modification of interstate child and spousal support orders by providing jurisdictional standards and rules for determining which states order is a controlling order and whether a tribunal of this state may exercise continuing, exclusive jurisdiction over a support proceeding.
This bill would specify, beginning on July 1, 2018, that certain court filings made in accordance with UIFSA are exempt from a requirement to pay a filing fee.
(7)(8)This bill also makes would also make technical, nonsubstantive changes to these provisions.
(8)(9)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law generally authorizes commissioners of civil marriages, including retired and deputy commissioners of civil marriages, to solemnize a marriage. Existing law imposes misdemeanor penalties on a commissioner of civil marriages who accepts money or other value for solemnizing a marriage, unless the marriage is solemnized on a Saturday, Sunday, or a legal holiday. Existing law also authorizes a commissioner of civil marriages to solemnize a marriage for reasonable compensation.
This bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday.
(2)Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
This bill would excuse a child from the requirement to be a full-time high school student for purposes of these provisions if the child has a medical condition documented by a physician that prevents full-time school attendance.
(3)Existing law provides various procedures for the collection of child support and establishes, within the Department of Child Support Services, the State Disbursement Unit for the collection and disbursement of payments pursuant to support orders. Existing law also provides for the collection of child support by private child support collectors and requires those entities to take specified actions, including establishing a direct deposit account with the State Disbursement Unit and, within 2 business days from the date the funds are disbursed from the State Disbursement Unit to the private child support collector, if a portion of the funds constitute an obligors fee, to notify the department of the portion of each collection that constitutes a fee.
This bill would remove the requirement that a private child support collector establish a direct deposit account with the State Disbursement Unit and would remove the notification requirement. The bill, to the extent allowed by federal law, would require any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker, as defined.
The bill would also remove requirements relating to the transfer of child support collection and distribution functions to the state, including a requirement that all child support collections remaining undisbursed, with interest earned on these funds, be transferred to the department for deposit in the Child Support Payment Trust Fund.
(4)The Uniform Parentage Act authorizes a hearing or trial held under its provisions to be held in closed court without admittance of any person other than those necessary to the action or proceeding. Under the act, all papers and records, other than the final judgment, pertaining to an action or proceeding are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown, except as specified.
This bill would authorize the papers and records relating to establishing paternity and establishing and enforcing child support orders in a proceeding under the act to be subject to inspection and copying by any local child support agency.
(4)(5)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
(5)(6)The Uniform Interstate Family Support Act (UIFSA) governs the establishment, enforcement, and modification of interstate child and spousal support orders by providing jurisdictional standards and rules for determining which states order is a controlling order and whether a tribunal of this state may exercise continuing, exclusive jurisdiction over a support proceeding.
This bill would specify, beginning on July 1, 2018, that certain court filings made in accordance with UIFSA are exempt from a requirement to pay a filing fee.
(6)(7)This bill also makes technical, nonsubstantive changes to these provisions.
(7)(8)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law generally authorizes commissioners of civil marriages, including retired and deputy commissioners of civil marriages, to solemnize a marriage. Existing law imposes misdemeanor penalties on a commissioner of civil marriages who accepts money or other value for solemnizing a marriage, unless the marriage is solemnized on a Saturday, Sunday, or a legal holiday. Existing law also authorizes a commissioner of civil marriages to solemnize a marriage for reasonable compensation.
This bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday.
(2)Existing law authorizes the court to appoint a child custody evaluator to conduct a child custody evaluation in a contested proceeding involving child custody or visitation rights.This bill would specify that the court is authorized to appoint a child custody evaluator to conduct the child custody evaluation pursuant to provisions relating to child custody evaluators, mediators, or expert witnesses.(3)(2)Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
This bill would excuse a child from the requirement to be a full-time high school student for purposes of these provisions if the child has a medical condition documented by a physician that prevents full-time school attendance.
(4)(3)Existing law provides various procedures for the collection of child support and establishes, within the Department of Child Support Services, the State Disbursement Unit for the collection and disbursement of payments pursuant to support orders. Existing law also provides for the collection of child support by private child support collectors and requires those entities to take specified actions, including establishing a direct deposit account with the State Disbursement Unit and, within 2 business days from the date the funds are disbursed from the State Disbursement Unit to the private child support collector, if a portion of the funds constitute an obligors fee, to notify the department of the portion of each collection that constitutes a fee.
This bill would remove the requirement that a private child support collector establish a direct deposit account with the State Disbursement Unit and would remove the notification requirement. The bill, to the extent allowed by federal law, would require any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker, as defined.
The bill would also remove requirements relating to the transfer of child support collection and distribution functions to the state, including a requirement that all child support collections remaining undisbursed, with interest earned on these funds, be transferred to the department for deposit in the Child Support Payment Trust Fund.
(5)(4)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
(6)(5)The Uniform Interstate Family Support Act (UIFSA) governs the establishment, enforcement, and modification of interstate child and spousal support orders by providing jurisdictional standards and rules for determining which states order is a controlling order and whether a tribunal of this state may exercise continuing, exclusive jurisdiction over a support proceeding.
This bill would specify, beginning on July 1, 2018, that certain court filings made in accordance with UIFSA are exempt from a requirement to pay a filing fee.
(7)(6)This bill also makes technical, nonsubstantive changes to these provisions.
(8)(7)This bill would declare that it is to take effect immediately as an urgency statute.
(1)Existing law generally authorizes commissioners of civil marriages, including retired and deputy commissioners of civil marriages, to solemnize a marriage. Existing law imposes misdemeanor penalties on a commissioner of civil marriages who accepts money or other value for solemnizing a marriage, unless the marriage is solemnized on a Saturday, Sunday, or a legal holiday. Existing law also authorizes a commissioner of civil marriages to solemnize a marriage for reasonable compensation.
This bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday.
(2)Existing law authorizes the court to appoint a child custody evaluator to conduct a child custody evaluation in a contested proceeding involving child custody or visitation rights.
This bill would specify that the court is authorized to appoint a child custody evaluator to conduct the child custody evaluation pursuant to provisions relating to child custody evaluators, mediators, or expert witnesses.
(3)Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
This bill would excuse a child from the requirement to be a full-time high school student for purposes of these provisions if the child has a medical condition documented by a physician that prevents full-time school attendance.
(4)Existing law provides various procedures for the collection of child support and establishes, within the Department of Child Support Services, the State Disbursement Unit for the collection and disbursement of payments pursuant to support orders. Existing law also provides for the collection of child support by private child support collectors and requires those entities to take specified actions, including establishing a direct deposit account with the State Disbursement Unit and, within 2 business days from the date the funds are disbursed from the State Disbursement Unit to the private child support collector, if a portion of the funds constitute an obligors fee, to notify the department of the portion of each collection that constitutes a fee.
This bill would remove the requirement that a private child support collector establish a direct deposit account with the State Disbursement Unit and would remove the notification requirement. The bill, to the extent allowed by federal law, would require any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker, as defined.
The bill would also remove requirements relating to the transfer of child support collection and distribution functions to the state, including a requirement that all child support collections remaining undisbursed, with interest earned on these funds, be transferred to the department for deposit in the Child Support Payment Trust Fund.
(5)Existing law specifies the number of judges of the superior court for each county, and allocates additional judgeships to the various counties in accordance with uniform standards for factually determining additional need in each county, as approved by the Judicial Council, and other specified criteria. Existing law provides for the conversion of 146 subordinate judicial officer positions in eligible superior courts upon the occurrence of specified conditions, including that the proposed action is ratified by the Legislature, except that no more than 16 positions may be converted to judgeships in any fiscal year. Notwithstanding this provision, existing law authorizes up to 10 additional subordinate judicial officer positions to be converted to judgeships in any fiscal year if the conversions will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer and the proposed action is ratified by the Legislature.
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer.
(6)The Uniform Interstate Family Support Act (UIFSA) governs the establishment, enforcement, and modification of interstate child and spousal support orders by providing jurisdictional standards and rules for determining which states order is a controlling order and whether a tribunal of this state may exercise continuing, exclusive jurisdiction over a support proceeding.
This bill would specify, beginning on July 1, 2018, that certain court filings made in accordance with UIFSA are exempt from a requirement to pay a filing fee.
(7)This bill also makes technical, nonsubstantive changes to these provisions.
(8)This bill would declare that it is to take effect immediately as an urgency statute.
(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1)For purposes of this section:
(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the party or other persons attorney, or through an electronic filing service provider.
(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2)(A)(i)For cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has agreed to accept electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).
(ii)For cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the courts electronic filing service provider, and concurrently providing the partys electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent.
(B)If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
(3)In any action in which a party or other person has agreed or provided express consent, as applicable, to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4)(A)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(B)Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i)A notice of intention to move for new trial.
(ii)A notice of intention to move to vacate judgment under Section 663a.
(iii)A notice of appeal.
(C)This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
(6)A party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. The Judicial Council shall create the form by January 1, 2019.
(7)Consent, or the withdrawal of consent, to receive electronic service may only be completed by a party or other person entitled to service or that persons attorney.
(8)Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.
(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1)A document that is filed electronically shall have the same legal effect as an original paper document.
(2)(A)When a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically.
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:
(i)The person has signed a printed form of the document before, or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
(ii)The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019.
(3)Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.
(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.
(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.
(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.
(d)A trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:
(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.
(4)Unrepresented persons are exempt from mandatory electronic filing and service.
(5)Until January 1, 2021, a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, is exempt from a trial courts mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial courts mandatory electronic filing and service requirements.
(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f)The Judicial Council shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(g)(1)The Judicial Council shall adopt uniform rules to implement this subdivision as soon as practicable, but no later than June 30, 2019.
(2)Any system for the electronic filing and service of documents, including any information technology applications, Internet Web sites, and Web-based applications, used by an electronic service provider or any other vendor or contractor that provides an electronic filing and service system to a trial court, regardless of the case management system used by the trial court, shall satisfy both of the following requirements:
(A)The system shall be accessible to individuals with disabilities, including parties and attorneys with disabilities, in accordance with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(B)The system shall comply with the Web Content Accessibility Guidelines 2.0 at a Level AA success criteria.
(3)A vendor or contractor that provides an electronic filing and service system to a trial court shall comply with paragraph (2) as soon as practicable, but no later than June 30, 2019. Commencing on June 27, 2017, the vendor or contractor shall provide an accommodation to an individual with a disability in accordance with subparagraph (D) of paragraph (4).
(4)A trial court that contracts with an entity for the provision of a system for electronic filing and service of documents shall require the entity, in the trial courts contract with the entity, to do all of the following:
(A)Test and verify that the entitys system complies with this subdivision and provide the verification to the Judicial Council no later than June 30, 2019.
(B)Respond to, and resolve, any complaints regarding the accessibility of the system that are brought to the attention of the entity.
(C)Designate a lead individual to whom any complaints concerning accessibility may be addressed and post the individuals name and contact information on the entitys Internet Web site.
(D)Provide to an individual with a disability, upon request, an accommodation to enable the individual to file and serve documents electronically at no additional charge for any time period that the entity is not compliant with paragraph (2) of this subdivision. Exempting an individual with a disability from mandatory electronic filing and service of documents shall not be deemed an accommodation unless the person chooses that as an accommodation. The vendor or contractor shall clearly state in its Internet Web site that an individual with a disability may request an accommodation and the process for submitting a request for an accommodation.
(5)A trial court that provides electronic filing and service of documents directly to the public shall comply with this subdivision to the same extent as a vendor or contractor that provides electronic filing and services to a trial court.
(6)(A)The Judicial Council shall submit four reports to the appropriate committees of the Legislature relating to the trial courts that have implemented a system of electronic filing and service of documents. The first report is due by June 30, 2018; the second report is due by December 31, 2019; the third report is due by December 31, 2021; and the fourth report is due by December 31, 2023.
(B)The Judicial Councils reports shall include all of the following information:
(i)The name of each court that has implemented a system of electronic filing and service of documents.
(ii)A description of the system of electronic filing and service.
(iii)The name of the entity or entities providing the system.
(iv)A statement as to whether the system complies with this subdivision and, if the system is not fully compliant, a description of the actions that have been taken to make the system compliant.
(7)An entity that contracts with a trial court to provide a system for electronic filing and service of documents shall cooperate with the Judicial Council by providing all information, and by permitting all testing, necessary for the Judicial Council to prepare its reports to the Legislature in a complete and timely manner.
SEC. 2.Section 400 of the Family Code is amended to read:400.(a)Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity.
(b)Consistent with Sections 94.5 and 70.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons:
(1)A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
(2)A judge or magistrate who has resigned from office.
(3)Any of the following judges or magistrates of the United States:
(A)A justice or retired justice of the United States Supreme Court.
(B)A judge or retired judge of a court of appeals, a district court, or a court created by an act of the United States Congress the judges of which are entitled to hold office during good behavior.
(C)A judge or retired judge of a bankruptcy court or a tax court.
(D)A United States magistrate or retired magistrate.
(c)Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older:
(1)A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state.
(2)A person that holds or formerly held an elected office of a city, county, or city and county.
(3)A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office.
(d)(1)Except as provided in subdivision (b), a person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office.
(2)A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud.
SEC. 3.Section 3901 of the Family Code is amended to read:3901.(a)(1)The duty of support imposed by Section 3900 continues as to an unmarried child who has attained 18 years of age, is a full-time high school student, unless excused pursuant to paragraph (2), and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
(2)A child is excused from the requirement to be a full-time high school student for purposes of paragraph (1) if the child has a medical condition documented by a physician that prevents full-time school attendance.
(b)Nothing in this section limits a parents ability to agree to provide additional support or the courts power to inquire whether an agreement to provide additional support has been made.
SEC. 4.Section 5614 of the Family Code is amended to read:5614.(a)A private child support collector shall do all of the following:
(1)(A)Provide to an obligee all of the following information:
(i)The name of, and any other identifying information relating to, an obligor who made child support payments collected by the private child support collector.
(ii)The amount of support collected by the private child support collector.
(iii)The date on which each amount was received by the private child support collector.
(iv)The date on which each amount received by the private child support collector was sent to the obligee.
(v)The amount of the payment sent to the obligee.
(vi)The source of payment of support collected and the actions affirmatively taken by the private child support collector that resulted in the payment.
(vii)The amount and percentage of each payment kept by the private child support collector as its fee.
(B)The information required by subparagraph (A) shall be made available, at the option of the obligee, by mail, telephone, or via secure Internet access. If provided by mail, the notice shall be sent at least quarterly and, if provided by any other method, the information shall be updated and made available at least monthly. Information accessed by telephone and the Internet shall be up to date.
(2)Maintain records of all child support collections made on behalf of a client who is an obligee. The records required under this section shall be maintained by the private child support collector for the duration of the contract plus a period of four years and four months from the date of the last child support payment collected by the private child support collector on behalf of an obligee. In addition to information required by paragraph (1), the private child support collector shall maintain the following:
(A)A copy of the order establishing the child support obligation under which a collection was made by the private child support collector.
(B)Records of all correspondence between the private child support collector and the obligee or obligor in a case.
(C)Any other pertinent information relating to the child support obligation, including any case, cause, or docket number of the court having jurisdiction over the matter and official government payment records obtained by the private child support collector on behalf of, and at the request of, the obligee.
(3)Safeguard case records in a manner reasonably expected to prevent intentional or accidental disclosure of confidential information pertaining to the obligee or obligor, including providing necessary protections for records maintained in an automated system.
(4)Ensure that every person who contracts with a private child support collector has the right to review all files and documents, both paper and electronic, in the possession of the private child support collector for the information specified in this paragraph regarding that obligees case that are not required by law to be kept confidential. The obligee, during regular business hours, shall be provided reasonable access to and copies of the files and records of the private child support collector regarding all moneys received, collection attempts made, fees retained or paid to the private child support collector, and moneys disbursed to the obligee. The private child support collector may not charge a fee for access to the files and records, but may require the obligee to pay up to three cents ($0.03) per page for the copies prior to their release.
(5)Provide, prior to commencing collection activities, written notice of a contract with an obligee to the local child support agency that is enforcing the obligees support order, if known, or the local child support agency for the county in which the obligee resides as of the time the contract is signed by the obligee. The notice shall identify the obligee, the obligor, and the amount of the arrearage claimed by the obligee.
(b)A private child support collector shall not do any of the following:
(1)Charge fees on current support if the obligee received any current child support during the six months preceding execution of the contract with the private child support collector. A private child support collector shall inquire of the obligee and record the month and year of the last current support payment and may rely on information provided by the obligee in determining whether a fee may be charged on current support.
(2)Improperly retain fees from collections that are primarily attributable to the actions of a governmental entity. The private child support collector shall refund all of those fees to the obligee immediately upon discovery or notice of the improper retention of fees.
(3)Collect or attempt to collect child support by means of conduct that is prohibited of a debt collector collecting a consumer debt under Sections 1788.10 to 1788.16, inclusive, of the Civil Code. This chapter does not modify, alter, or amend the definition of a debt or a debt collector under the Rosenthal Fair Debt Collection Practices Act (Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code).
(4)Misstate the amount of the fee that may be lawfully paid to the private child support collector for the performance of the contract or the identity of the person who is obligated to pay that fee.
(5)Make a false representation of the amount of child support to be collected. A private child support collector is not in violation of this paragraph if it reasonably relied on sufficient documentation provided by the government entity collecting child support, a court with jurisdiction over the support obligation, or from the obligee, or upon sufficient documentation provided by the obligor.
(6)Ask a party other than the obligor to pay the child support obligation, unless that party is legally responsible for the obligation or is the legal representative of the obligor.
(7)On or after January 1, 2007, require as a condition of providing services to the obligee, that the obligee waive any right or procedure provided for in state law regarding the right to file and pursue a civil action, or that the obligee agree to resolve disputes in a jurisdiction outside of California or to the application of laws other than those of California, as provided by law. Any waiver by the obligee of the right to file and pursue a civil action, the right to file and pursue a civil action in California, or the right to rely upon California law as provided by law must be knowing, voluntary, and not made a condition of doing business with the private child support collector. Any waiver, including, but not limited to, an agreement to arbitrate or regarding choice of forum or choice of law, that is required as a condition of doing business with the private child support collector, shall be presumed involuntary, unconscionable, against public policy, and unenforceable. The private child support collector has the burden of proving that any waiver of rights, including an agreement to arbitrate a claim or regarding choice of forum or choice of law, was knowing, voluntary, and not made a condition of the contract with the obligee.
SEC. 5.Section 7643 of the Family Code is amended to read:7643.(a)Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown.
(b)(1)Papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by the parties to the action, their attorneys, and by agents acting pursuant to written authorization from the parties to the action or their attorneys. An attorney shall obtain the consent of the party to the action prior to authorizing an agent to inspect and copy the permanent record. An attorney shall also state on the written authorization that he or she has obtained the consent of the party to authorize an agent to inspect and copy the permanent record.
(2)For purposes of establishing paternity and establishing and enforcing child support orders, papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by any local child support agency, as defined in subdivision (h) of Section 17000.
SEC. 6.Section 17311.7 of the Family Code is repealed.SEC. 7.Section 17311.7 is added to the Family Code, to read:17311.7.(a)To the extent allowed by federal law, any payment required to be made to a family through the State Disbursement Unit under the state plan shall be made directly to the resident parent, legal guardian, caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker.
(b)For purposes of this section, the following definitions shall apply:
(1)Alternate caretaker means a nonrelative caretaker who is designated in a record by the custodial parent to take care of the child for a limited time.
(2)Record means information that is inscribed on a tangible medium or that is stored in an electronic or other format and is retrievable in perceivable form.
SEC. 8.Section 69619.7 is added to the Government Code, to read:69619.7.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.(c)This section shall become operative on January 1, 2019.SEC. 9.Section 70677 of the Government Code, as amended by Section 13 of Chapter 26 of the Statutes of 2015, is amended to read:70677.(a)The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is forty dollars ($40). Papers for which this fee shall be charged include the following:(1)Papers listed in subdivision (a) of Section 70617.(2)An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorneys fees, and bifurcation of issues.(b)There shall be no fee under subdivision (a) of this section for filing any of the following:(1)A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.(2)An amended notice of motion or amended order to show cause.(3)A statement to register foreign support under Section 5700.313 of the Family Code.(4)An application to determine the judgment after entry of default.(5)A request for an order to prevent domestic violence.(6)A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.(7)A stipulation that does not require an order.(c)The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20):(1)A request, application, or motion for the continuance of a hearing or case management conference.(2)A stipulation and order.(d)Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.(e)This section shall become operative on July 1, 2018.SEC. 10.SEC. 8.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To support the well-being of California children and families by strengthening provisions for efficient and fair child support, clarifying existing provisions of law, and bolstering the resources of the family courts to perform marriages and adjudicate family law matters at the earliest possible time, it is necessary that this measure take effect immediately.
(a)A document may be served electronically in an action filed with the court as provided in this section, in accordance with rules adopted pursuant to subdivision (e).
(1)For purposes of this section:
(A)Electronic service means service of a document, on a party or other person, by either electronic transmission or electronic notification. Electronic service may be performed directly by a party or other person, by an agent of a party or other person, including the party or other persons attorney, or through an electronic filing service provider.
(B)Electronic transmission means the transmission of a document by electronic means to the electronic service address at or through which a party or other person has authorized electronic service.
(C)Electronic notification means the notification of the party or other person that a document is served by sending an electronic message to the electronic address at or through which the party or other person has authorized electronic service, specifying the exact name of the document served, and providing a hyperlink at which the served document may be viewed and downloaded.
(2)(A)(i)For cases filed on or before December 31, 2018, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has agreed to accept electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d).
(ii)For cases filed on or after January 1, 2019, if a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of the document is not authorized unless a party or other person has expressly consented to receive electronic service in that specific action or the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d). Express consent to electronic service may be accomplished either by (I) serving a notice on all the parties and filing the notice with the court, or (II) manifesting affirmative consent through electronic means with the court or the courts electronic filing service provider, and concurrently providing the partys electronic address with that consent for the purpose of receiving electronic service. The act of electronic filing shall not be construed as express consent.
(B)If a document is required to be served by certified or registered mail, electronic service of the document is not authorized.
(3)In any action in which a party or other person has agreed or provided express consent, as applicable, to accept electronic service under paragraph (2), or in which the court has ordered electronic service on a represented party or other represented person under subdivision (c) or (d), the court may electronically serve any document issued by the court that is not required to be personally served in the same manner that parties electronically serve documents. The electronic service of documents by the court shall have the same legal effect as service by mail, except as provided in paragraph (4).
(4)(A)If a document may be served by mail, express mail, overnight delivery, or facsimile transmission, electronic service of that document is deemed complete at the time of the electronic transmission of the document or at the time that the electronic notification of service of the document is sent.
(B)Any period of notice, or any right or duty to do any act or make any response within any period or on a date certain after the service of the document, which time period or date is prescribed by statute or rule of court, shall be extended after service by electronic means by two court days, but the extension shall not apply to extend the time for filing any of the following:
(i)A notice of intention to move for new trial.
(ii)A notice of intention to move to vacate judgment under Section 663a.
(iii)A notice of appeal.
(C)This extension applies in the absence of a specific exception provided by any other statute or rule of court.
(5)Any document that is served electronically between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed served on that court day. Any document that is served electronically on a noncourt day shall be deemed served on the next court day.
(6)A party or other person who has provided express consent to accept service electronically may withdraw consent at any time by completing and filing with the court the appropriate Judicial Council form. The Judicial Council shall create the form by January 1, 2019.
(7)Consent, or the withdrawal of consent, to receive electronic service may only be completed by a party or other person entitled to service or that persons attorney.
(8)Confidential or sealed records shall be electronically served through encrypted methods to ensure that the documents are not improperly disclosed.
(b)A trial court may adopt local rules permitting electronic filing of documents, subject to rules adopted pursuant to subdivision (e) and the following conditions:
(1)A document that is filed electronically shall have the same legal effect as an original paper document.
(2)(A)When a document to be filed requires the signature of any person, not under penalty of perjury, the document shall be deemed to have been signed by the person who filed the document electronically.
(B)When a document to be filed requires the signature, under penalty of perjury, of any person, the document shall be deemed to have been signed by that person if filed electronically and if either of the following conditions is satisfied:
(i)The person has signed a printed form of the document before, or on the same day as, the date of filing. The attorney or other person filing the document represents, by the act of filing, that the declarant has complied with this section. The attorney or other person filing the document shall maintain the printed form of the document bearing the original signature until final disposition of the case, as defined in subdivision (c) of Section 68151 of the Government Code, and make it available for review and copying upon the request of the court or any party to the action or proceeding in which it is filed.
(ii)The person has signed the document using a computer or other technology pursuant to the procedure set forth in a rule of court adopted by the Judicial Council by January 1, 2019.
(3)Any document received electronically by the court between 12:00 a.m. and 11:59:59 p.m. on a court day shall be deemed filed on that court day. Any document that is received electronically on a noncourt day shall be deemed filed on the next court day.
(4)The court receiving a document filed electronically shall issue a confirmation that the document has been received and filed. The confirmation shall serve as proof that the document has been filed.
(5)Upon electronic filing of a complaint, petition, or other document that must be served with a summons, a trial court, upon request of the party filing the action, shall issue a summons with the court seal and the case number. The court shall keep the summons in its records and may electronically transmit a copy of the summons to the requesting party. Personal service of a printed form of the electronic summons shall have the same legal effect as personal service of an original summons. If a trial court plans to electronically transmit a summons to the party filing a complaint, the court shall immediately, upon receipt of the complaint, notify the attorney or party that a summons will be electronically transmitted to the electronic address given by the person filing the complaint.
(6)The court shall permit a party or attorney to file an application for waiver of court fees and costs, in lieu of requiring the payment of the filing fee, as part of the process involving the electronic filing of a document. The court shall consider and determine the application in accordance with Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code and shall not require the party or attorney to submit any documentation other than that set forth in Article 6 (commencing with Section 68630) of Chapter 2 of Title 8 of the Government Code. Nothing in this section shall require the court to waive a filing fee that is not otherwise waivable.
(7)A fee, if any, charged by the court, an electronic filing manager, or an electronic filing service provider to process a payment for filing fees and other court fees shall not exceed the costs incurred in processing the payment.
(c)If a trial court adopts rules conforming to subdivision (b), it may provide by order that all parties to an action file and serve documents electronically in a class action, a consolidated action, a group of actions, a coordinated action, or an action that is deemed complex under Judicial Council rules, provided that the trial courts order does not cause undue hardship or significant prejudice to any party in the action.
(d)A trial court may, by local rule, require electronic filing and service in civil actions, subject to the requirements and conditions stated in subdivision (b), the rules adopted by the Judicial Council under subdivision (f), and the following conditions:
(1)The court shall have the ability to maintain the official court record in electronic format for all cases where electronic filing is required.
(2)The court and the parties shall have access to more than one electronic filing service provider capable of electronically filing documents with the court or to electronic filing access directly through the court. The court may charge fees of no more than the actual cost of the electronic filing and service of the documents. Any fees charged by an electronic filing service provider shall be reasonable. The court, an electronic filing manager, or an electronic filing service provider shall waive any fees charged if the court deems a waiver appropriate, including in instances where a party has received a fee waiver.
(3)The court shall have a procedure for the filing of nonelectronic documents in order to prevent the program from causing undue hardship or significant prejudice to any party in an action, including, but not limited to, unrepresented parties. The Judicial Council shall make a form available to allow a party to seek an exemption from mandatory electronic filing and service on the grounds provided in this paragraph.
(4)Unrepresented persons are exempt from mandatory electronic filing and service.
(5)Until January 1, 2019, 2021, a local child support agency, as defined in subdivision (h) of Section 17000 of the Family Code, is exempt from a trial courts mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial courts mandatory electronic filing and service requirements.
(e)The Judicial Council shall adopt uniform rules for the electronic filing and service of documents in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, and access to public records, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(f)The Judicial Council shall adopt uniform rules to permit the mandatory electronic filing and service of documents for specified civil actions in the trial courts of the state, which shall include statewide policies on vendor contracts, privacy, access to public records, unrepresented parties, parties with fee waivers, hardships, reasonable exceptions to electronic filing, and rules relating to the integrity of electronic service. These rules shall conform to the conditions set forth in this section, as amended from time to time.
(g)(1)The Judicial Council shall adopt uniform rules to implement this subdivision as soon as practicable, but no later than June 30, 2019.
(2)Any system for the electronic filing and service of documents, including any information technology applications, Internet Web sites, and Web-based applications, used by an electronic service provider or any other vendor or contractor that provides an electronic filing and service system to a trial court, regardless of the case management system used by the trial court, shall satisfy both of the following requirements:
(A)The system shall be accessible to individuals with disabilities, including parties and attorneys with disabilities, in accordance with Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. Sec. 794d), as amended, the regulations implementing that act set forth in Part 1194 of Title 36 of the Code of Federal Regulations and Appendices A, C, and D of that part, and the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.).
(B)The system shall comply with the Web Content Accessibility Guidelines 2.0 at a Level AA success criteria.
(3)A vendor or contractor that provides an electronic filing and service system to a trial court shall comply with paragraph (2) as soon as practicable, but no later than June 30, 2019. Commencing on June 27, 2017, the vendor or contractor shall provide an accommodation to an individual with a disability in accordance with subparagraph (D) of paragraph (4).
(4)A trial court that contracts with an entity for the provision of a system for electronic filing and service of documents shall require the entity, in the trial courts contract with the entity, to do all of the following:
(A)Test and verify that the entitys system complies with this subdivision and provide the verification to the Judicial Council no later than June 30, 2019.
(B)Respond to, and resolve, any complaints regarding the accessibility of the system that are brought to the attention of the entity.
(C)Designate a lead individual to whom any complaints concerning accessibility may be addressed and post the individuals name and contact information on the entitys Internet Web site.
(D)Provide to an individual with a disability, upon request, an accommodation to enable the individual to file and serve documents electronically at no additional charge for any time period that the entity is not compliant with paragraph (2) of this subdivision. Exempting an individual with a disability from mandatory electronic filing and service of documents shall not be deemed an accommodation unless the person chooses that as an accommodation. The vendor or contractor shall clearly state in its Internet Web site that an individual with a disability may request an accommodation and the process for submitting a request for an accommodation.
(5)A trial court that provides electronic filing and service of documents directly to the public shall comply with this subdivision to the same extent as a vendor or contractor that provides electronic filing and services to a trial court.
(6)(A)The Judicial Council shall submit four reports to the appropriate committees of the Legislature relating to the trial courts that have implemented a system of electronic filing and service of documents. The first report is due by June 30, 2018; the second report is due by December 31, 2019; the third report is due by December 31, 2021; and the fourth report is due by December 31, 2023.
(B)The Judicial Councils reports shall include all of the following information:
(i)The name of each court that has implemented a system of electronic filing and service of documents.
(ii)A description of the system of electronic filing and service.
(iii)The name of the entity or entities providing the system.
(iv)A statement as to whether the system complies with this subdivision and, if the system is not fully compliant, a description of the actions that have been taken to make the system compliant.
(7)An entity that contracts with a trial court to provide a system for electronic filing and service of documents shall cooperate with the Judicial Council by providing all information, and by permitting all testing, necessary for the Judicial Council to prepare its reports to the Legislature in a complete and timely manner.
SECTION 1.SEC. 2.Section 400 of the Family Code is amended to read:400.(a)Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity.
(b)Consistent with Sections 94.5 and 70.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons:
(1)A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
(2)A judge or magistrate who has resigned from office.
(3)Any of the following judges or magistrates of the United States:
(A)A justice or retired justice of the United States Supreme Court.
(B)A judge or retired judge of a court of appeals, a district court, or a court created by an act of the United States Congress the judges of which are entitled to hold office during good behavior.
(C)A judge or retired judge of a bankruptcy court or a tax court.
(D)A United States magistrate or retired magistrate.
(c)Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older:
(1)A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state.
(2)A person that holds or formerly held an elected office of a city, county, or city and county.
(3)A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office.
(d)(1)Except as provided in subdivision (b), a person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office.
(2)A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud.
SEC. 2.SEC. 3.Section 3901 of the Family Code is amended to read:3901.(a)(1)The duty of support imposed by Section 3900 continues as to an unmarried child who has attained 18 years of age, is a full-time high school student, unless excused pursuant to paragraph (2), and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
(2)A child is excused from the requirement to be a full-time high school student for purposes of paragraph (1) if the child has a medical condition documented by a physician that prevents full-time school attendance.
(b)Nothing in this section limits a parents ability to agree to provide additional support or the courts power to inquire whether an agreement to provide additional support has been made.
SEC. 3.SEC. 4.Section 5614 of the Family Code is amended to read:5614.(a)A private child support collector shall do all of the following:
(1)(A)Provide to an obligee all of the following information:
(i)The name of, and any other identifying information relating to, an obligor who made child support payments collected by the private child support collector.
(ii)The amount of support collected by the private child support collector.
(iii)The date on which each amount was received by the private child support collector.
(iv)The date on which each amount received by the private child support collector was sent to the obligee.
(v)The amount of the payment sent to the obligee.
(vi)The source of payment of support collected and the actions affirmatively taken by the private child support collector that resulted in the payment.
(vii)The amount and percentage of each payment kept by the private child support collector as its fee.
(B)The information required by paragraph subparagraph (A) shall be made available, at the option of the obligee, by mail, telephone, or via secure Internet access. If provided by mail, the notice shall be sent at least quarterly and, if provided by any other method, the information shall be updated and made available at least monthly. Information accessed by telephone and the Internet shall be up to date.
(2)Maintain records of all child support collections made on behalf of a client who is an obligee. The records required under this section shall be maintained by the private child support collector for the duration of the contract plus a period of four years and four months from the date of the last child support payment collected by the private child support collector on behalf of an obligee. In addition to information required by paragraph (1), the private child support collector shall maintain the following:
(A)A copy of the order establishing the child support obligation under which a collection was made by the private child support collector.
(B)Records of all correspondence between the private child support collector and the obligee or obligor in a case.
(C)Any other pertinent information relating to the child support obligation, including any case, cause, or docket number of the court having jurisdiction over the matter and official government payment records obtained by the private child support collector on behalf of, and at the request of, the obligee.
(3)Safeguard case records in a manner reasonably expected to prevent intentional or accidental disclosure of confidential information pertaining to the obligee or obligor, including providing necessary protections for records maintained in an automated system.
(4)Ensure that every person who contracts with a private child support collector has the right to review all files and documents, both paper and electronic, in the possession of the private child support collector for the information specified in this paragraph regarding that obligees case that are not required by law to be kept confidential. The obligee, during regular business hours, shall be provided reasonable access to and copies of the files and records of the private child support collector regarding all moneys received, collection attempts made, fees retained or paid to the private child support collector, and moneys disbursed to the obligee. The private child support collector may not charge a fee for access to the files and records, but may require the obligee to pay up to three cents ($0.03) per page for the copies prior to their release.
(5)Provide, prior to commencing collection activities, written notice of a contract with an obligee to the local child support agency that is enforcing the obligees support order, if known, or the local child support agency for the county in which the obligee resides as of the time the contract is signed by the obligee. The notice shall identify the obligee, the obligor, and the amount of the arrearage claimed by the obligee.
(b)A private child support collector shall not do any of the following:
(1)Charge fees on current support if the obligee received any current child support during the six months preceding execution of the contract with the private child support collector. A private child support collector shall inquire of the obligee and record the month and year of the last current support payment and may rely on information provided by the obligee in determining whether a fee may be charged on current support.
(2)Improperly retain fees from collections that are primarily attributable to the actions of a governmental entity. The private child support collector shall refund all of those fees to the obligee immediately upon discovery or notice of the improper retention of fees.
(3)Collect or attempt to collect child support by means of conduct that is prohibited of a debt collector collecting a consumer debt under Sections 1788.10 to 1788.16, inclusive, of the Civil Code. This chapter does not modify, alter, or amend the definition of a debt or a debt collector under the Rosenthal Fair Debt Collection Practices Act (Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code).
(4)Misstate the amount of the fee that may be lawfully paid to the private child support collector for the performance of the contract or the identity of the person who is obligated to pay that fee.
(5)Make a false representation of the amount of child support to be collected. A private child support collector is not in violation of this paragraph if it reasonably relied on sufficient documentation provided by the government entity collecting child support, a court with jurisdiction over the support obligation, or from the obligee, or upon sufficient documentation provided by the obligor.
(6)Ask a party other than the obligor to pay the child support obligation, unless that party is legally responsible for the obligation or is the legal representative of the obligor.
(7)On or after January 1, 2007, require as a condition of providing services to the obligee, that the obligee waive any right or procedure provided for in state law regarding the right to file and pursue a civil action, or that the obligee agree to resolve disputes in a jurisdiction outside of California or to the application of laws other than those of California, as provided by law. Any waiver by the obligee of the right to file and pursue a civil action, the right to file and pursue a civil action in California, or the right to rely upon California law as provided by law must be knowing, voluntary, and not made a condition of doing business with the private child support collector. Any waiver, including, but not limited to, an agreement to arbitrate or regarding choice of forum or choice of law, that is required as a condition of doing business with the private child support collector, shall be presumed involuntary, unconscionable, against public policy, and unenforceable. The private child support collector has the burden of proving that any waiver of rights, including an agreement to arbitrate a claim or regarding choice of forum or choice of law, was knowing, voluntary, and not made a condition of the contract with the obligee.
SEC. 4.SEC. 5.Section 7643 of the Family Code is amended to read:7643.(a)Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown.
(b)(1)Papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by the parties to the action, their attorneys, and by agents acting pursuant to written authorization from the parties to the action or their attorneys. An attorney shall obtain the consent of the party to the action prior to authorizing an agent to inspect and copy the permanent record. An attorney shall also state on the written authorization that he or she has obtained the consent of the party to authorize an agent to inspect and copy the permanent record.
(2)For purposes of establishing paternity and establishing and enforcing child support orders, papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by any local child support agency, as defined in subdivision (h) of Section 17000.
SEC. 5.SEC. 6.Section 17311.7 of the Family Code is repealed.SEC. 6.SEC. 7.Section 17311.7 is added to the Family Code, to read:17311.7.(a)To the extent allowed by federal law, any payment required to be made to a family through the State Disbursement Unit under the state plan shall be made directly to the resident parent, legal guardian, caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker.
(b)For purposes of this section, the following definitions shall apply:
(1)Alternate caretaker means a nonrelative caretaker who is designated in a record by the custodial parent to take care of the child for a limited time.
(2)Record means information that is inscribed on a tangible medium or that is stored in an electronic or other format and is retrievable in perceivable form.
SEC. 7.SEC. 8.Section 69619.7 is added to the Government Code, to read:69619.7.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.
(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.
(c)This section shall become operative on January 1, 2019.
SEC. 8.SEC. 9.Section 70677 of the Government Code, as amended by Section 13 of Chapter 26 of the Statutes of 2015, is amended to read:70677.(a)The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is forty dollars ($40). Papers for which this fee shall be charged include the following:
(1)Papers listed in subdivision (a) of Section 70617.
(2)An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorneys fees, and bifurcation of issues.
(b)There shall be no fee under subdivision (a) of this section for filing any of the following:
(1)A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.
(2)An amended notice of motion or amended order to show cause.
(3)A statement to register foreign support under Section 5700.313 of the Family Code.
(4)An application to determine the judgment after entry of default.
(5)A request for an order to prevent domestic violence.
(6)A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.
(7)A stipulation that does not require an order.
(c)The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1)A request, application, or motion for the continuance of a hearing or case management conference.
(2)A stipulation and order.
(d)Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e)This section shall become operative on July 1, 2018.
SEC. 9.SEC. 10.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To support the well-being of California children and families by strengthening provisions for efficient and fair child support, clarifying existing provisions of law, and bolstering the resources of the family courts to perform marriages and adjudicate family law matters at the earliest possible time, it is necessary that this measure take effect immediately.
(a)Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity.
(b)Consistent with Sections 94.5 and 70.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons:
(1)A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
(2)A judge or magistrate who has resigned from office.
(3)Any of the following judges or magistrates of the United States:
(A)A justice or retired justice of the United States Supreme Court.
(B)A judge or retired judge of a court of appeals, a district court, or a court created by an act of the United States Congress the judges of which are entitled to hold office during good behavior.
(C)A judge or retired judge of a bankruptcy court or a tax court.
(D)A United States magistrate or retired magistrate.
(c)Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older:
(1)A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state.
(2)A person that holds or formerly held an elected office of a city, county, or city and county.
(3)A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office.
(d)(1)Except as provided in subdivision (b), a person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office.
(2)A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud.
SEC. 2.Section 3901 of the Family Code is amended to read:3901.(a)(1)The duty of support imposed by Section 3900 continues as to an unmarried child who has attained 18 years of age, is a full-time high school student, unless excused pursuant to paragraph (2), and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
(2)A child is excused from the requirement to be a full-time high school student for purposes of paragraph (1) if the child has a medical condition documented by a physician that prevents full-time school attendance.
(b)Nothing in this section limits a parents ability to agree to provide additional support or the courts power to inquire whether an agreement to provide additional support has been made.
SEC. 3.Section 5614 of the Family Code is amended to read:5614.(a)A private child support collector shall do all of the following:
(1)(A)Provide to an obligee all of the following information:
(i)The name of, and any other identifying information relating to, an obligor who made child support payments collected by the private child support collector.
(ii)The amount of support collected by the private child support collector.
(iii)The date on which each amount was received by the private child support collector.
(iv)The date on which each amount received by the private child support collector was sent to the obligee.
(v)The amount of the payment sent to the obligee.
(vi)The source of payment of support collected and the actions affirmatively taken by the private child support collector that resulted in the payment.
(vii)The amount and percentage of each payment kept by the private child support collector as its fee.
(B)The information required by paragraph (A) shall be made available, at the option of the obligee, by mail, telephone, or via secure Internet access. If provided by mail, the notice shall be sent at least quarterly and, if provided by any other method, the information shall be updated and made available at least monthly. Information accessed by telephone and the Internet shall be up to date.
(2)Maintain records of all child support collections made on behalf of a client who is an obligee. The records required under this section shall be maintained by the private child support collector for the duration of the contract plus a period of four years and four months from the date of the last child support payment collected by the private child support collector on behalf of an obligee. In addition to information required by paragraph (1), the private child support collector shall maintain the following:
(A)A copy of the order establishing the child support obligation under which a collection was made by the private child support collector.
(B)Records of all correspondence between the private child support collector and the obligee or obligor in a case.
(C)Any other pertinent information relating to the child support obligation, including any case, cause, or docket number of the court having jurisdiction over the matter and official government payment records obtained by the private child support collector on behalf of, and at the request of, the obligee.
(3)Safeguard case records in a manner reasonably expected to prevent intentional or accidental disclosure of confidential information pertaining to the obligee or obligor, including providing necessary protections for records maintained in an automated system.
(4)Ensure that every person who contracts with a private child support collector has the right to review all files and documents, both paper and electronic, in the possession of the private child support collector for the information specified in this paragraph regarding that obligees case that are not required by law to be kept confidential. The obligee, during regular business hours, shall be provided reasonable access to and copies of the files and records of the private child support collector regarding all moneys received, collection attempts made, fees retained or paid to the private child support collector, and moneys disbursed to the obligee. The private child support collector may not charge a fee for access to the files and records, but may require the obligee to pay up to three cents ($0.03) per page for the copies prior to their release.
(5)Provide, prior to commencing collection activities, written notice of a contract with an obligee to the local child support agency that is enforcing the obligees support order, if known, or the local child support agency for the county in which the obligee resides as of the time the contract is signed by the obligee. The notice shall identify the obligee, the obligor, and the amount of the arrearage claimed by the obligee.
(b)A private child support collector shall not do any of the following:
(1)Charge fees on current support if the obligee received any current child support during the six months preceding execution of the contract with the private child support collector. A private child support collector shall inquire of the obligee and record the month and year of the last current support payment and may rely on information provided by the obligee in determining whether a fee may be charged on current support.
(2)Improperly retain fees from collections that are primarily attributable to the actions of a governmental entity. The private child support collector shall refund all of those fees to the obligee immediately upon discovery or notice of the improper retention of fees.
(3)Collect or attempt to collect child support by means of conduct that is prohibited of a debt collector collecting a consumer debt under Sections 1788.10 to 1788.16, inclusive, of the Civil Code. This chapter does not modify, alter, or amend the definition of a debt or a debt collector under the Rosenthal Fair Debt Collection Practices Act (Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code).
(4)Misstate the amount of the fee that may be lawfully paid to the private child support collector for the performance of the contract or the identity of the person who is obligated to pay that fee.
(5)Make a false representation of the amount of child support to be collected. A private child support collector is not in violation of this paragraph if it reasonably relied on sufficient documentation provided by the government entity collecting child support, a court with jurisdiction over the support obligation, or from the obligee, or upon sufficient documentation provided by the obligor.
(6)Ask a party other than the obligor to pay the child support obligation, unless that party is legally responsible for the obligation or is the legal representative of the obligor.
(7)On or after January 1, 2007, require as a condition of providing services to the obligee, that the obligee waive any right or procedure provided for in state law regarding the right to file and pursue a civil action, or that the obligee agree to resolve disputes in a jurisdiction outside of California or to the application of laws other than those of California, as provided by law. Any waiver by the obligee of the right to file and pursue a civil action, the right to file and pursue a civil action in California, or the right to rely upon California law as provided by law must be knowing, voluntary, and not made a condition of doing business with the private child support collector. Any waiver, including, but not limited to, an agreement to arbitrate or regarding choice of forum or choice of law, that is required as a condition of doing business with the private child support collector, shall be presumed involuntary, unconscionable, against public policy, and unenforceable. The private child support collector has the burden of proving that any waiver of rights, including an agreement to arbitrate a claim or regarding choice of forum or choice of law, was knowing, voluntary, and not made a condition of the contract with the obligee.
SEC. 4.Section 7643 of the Family Code is amended to read:7643.(a)Notwithstanding any other law concerning public hearings and records, a hearing or trial held under this part may be held in closed court without admittance of any person other than those necessary to the action or proceeding. Except as provided in subdivision (b), all papers and records, other than the final judgment, pertaining to the action or proceeding, whether part of the permanent record of the court or of a file in a public agency or elsewhere, are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown.
(b)(1)Papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by the parties to the action, their attorneys, and by agents acting pursuant to written authorization from the parties to the action or their attorneys. An attorney shall obtain the consent of the party to the action prior to authorizing an agent to inspect and copy the permanent record. An attorney shall also state on the written authorization that he or she has obtained the consent of the party to authorize an agent to inspect and copy the permanent record.
(2)For purposes of establishing paternity and establishing and enforcing child support orders, papers and records pertaining to the action or proceeding that are part of the permanent record of the court are subject to inspection and copying by any local child support agency, as defined in subdivision (h) of Section 17000.
SEC. 4.SEC. 5.Section 17311.7 of the Family Code is repealed.SEC. 5.SEC. 6.Section 17311.7 is added to the Family Code, to read:17311.7.(a)To the extent allowed by federal law, any payment required to be made to a family through the State Disbursement Unit under the state plan shall be made directly to the resident parent, legal guardian, caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker.
(b)For purposes of this section, the following definitions shall apply:
(1)Alternate caretaker means a nonrelative caretaker who is designated in a record by the custodial parent to take care of the child for a limited time.
(2)Record means information that is inscribed on a tangible medium or that is stored in an electronic or other format and is retrievable in perceivable form.
SEC. 6.SEC. 7.Section 69619.7 is added to the Government Code, to read:69619.7.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.
(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.
(c)This section shall become operative on January 1, 2019.
SEC. 7.SEC. 8.Section 70677 of the Government Code, as amended by Section 13 of Chapter 26 of the Statutes of 2015, is amended to read:70677.(a)The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is forty dollars ($40). Papers for which this fee shall be charged include the following:
(1)Papers listed in subdivision (a) of Section 70617.
(2)An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorneys fees, and bifurcation of issues.
(b)There shall be no fee under subdivision (a) of this section for filing any of the following:
(1)A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.
(2)An amended notice of motion or amended order to show cause.
(3)A statement to register foreign support under Section 5700.313 of the Family Code.
(4)An application to determine the judgment after entry of default.
(5)A request for an order to prevent domestic violence.
(6)A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.
(7)A stipulation that does not require an order.
(c)The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1)A request, application, or motion for the continuance of a hearing or case management conference.
(2)A stipulation and order.
(d)Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e)This section shall become operative on July 1, 2018.
SEC. 8.SEC. 9.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To support the well-being of California children and families by strengthening provisions for efficient and fair child support, clarifying existing provisions of law, and bolstering the resources of the family courts to perform marriages and adjudicate family law matters at the earliest possible time, it is necessary that this measure take effect immediately.
(a)Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity.
(b)Consistent with Sections 94.5 and 70.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons:
(1)A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
(2)A judge or magistrate who has resigned from office.
(3)Any of the following judges or magistrates of the United States:
(A)A justice or retired justice of the United States Supreme Court.
(B)A judge or retired judge of a court of appeals, a district court, or a court created by an act of the United States Congress the judges of which are entitled to hold office during good behavior.
(C)A judge or retired judge of a bankruptcy court or a tax court.
(D)A United States magistrate or retired magistrate.
(c)Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older:
(1)A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state.
(2)A person that holds or formerly held an elected office of a city, county, or city and county.
(3)A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office.
(d)(1)Except as provided in subdivision (b), a person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office.
(2)A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud.
SEC. 2.Section 3111 of the Family Code is amended to read:3111.(a)In any contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator pursuant to Sections 3110, 3111, 3180, and 3183 or Section 730 of the Evidence Code to conduct a child custody evaluation in cases where the court determines it is in the best interests of the child. The child custody evaluation shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on his or her evaluation. At least 10 days before any hearing regarding custody of the child, the report shall be filed with the clerk of the court in which the custody hearing will be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. A child custody evaluation, investigation, or assessment, and any resulting report, may be considered by the court only if it is conducted in accordance with the requirements set forth in the standards adopted by the Judicial Council pursuant to Section 3117; however, this does not preclude the consideration of a child custody evaluation report that contains nonsubstantive or inconsequential errors or both.(b)The report shall not be made available other than as provided in subdivision (a) or Section 3025.5, or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile court case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code.(c)The report may be received in evidence on stipulation of all interested parties and is competent evidence as to all matters contained in the report.(d)If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party. The sanction shall be in an amount sufficient to deter repetition of the conduct, and may include reasonable attorneys fees, costs incurred, or both, unless the court finds that the disclosing party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The court shall not impose a sanction pursuant to this subdivision that imposes an unreasonable financial burden on the party against whom the sanction is imposed. This subdivision shall become operative on January 1, 2010.(e)The Judicial Council shall, by January 1, 2010, do the following:(1)Adopt a form to be served with every child custody evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report.(2)Adopt a rule of court to require that, when a court-ordered child custody evaluation report is served on the parties, the form specified in paragraph (1) shall be included with the report.(f)For purposes of this section, a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interests of the child.SEC. 3.SEC. 2.Section 3901 of the Family Code is amended to read:3901.(a)(1)The duty of support imposed by Section 3900 continues as to an unmarried child who has attained 18 years of age, is a full-time high school student, unless excused pursuant to paragraph (2), and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first.
(2)A child is excused from the requirement to be a full-time high school student for purposes of paragraph (1) if the child has a medical condition documented by a physician that prevents full-time school attendance.
(b)Nothing in this section limits a parents ability to agree to provide additional support or the courts power to inquire whether an agreement to provide additional support has been made.
SEC. 4.SEC. 3.Section 5614 of the Family Code is amended to read:5614.(a)A private child support collector shall do all of the following:
(1)(A)Provide to an obligee all of the following information:
(i)The name of, and any other identifying information relating to, an obligor who made child support payments collected by the private child support collector.
(ii)The amount of support collected by the private child support collector.
(iii)The date on which each amount was received by the private child support collector.
(iv)The date on which each amount received by the private child support collector was sent to the obligee.
(v)The amount of the payment sent to the obligee.
(vi)The source of payment of support collected and the actions affirmatively taken by the private child support collector that resulted in the payment.
(vii)The amount and percentage of each payment kept by the private child support collector as its fee.
(B)The information required by paragraph (A) shall be made available, at the option of the obligee, by mail, telephone, or via secure Internet access. If provided by mail, the notice shall be sent at least quarterly and, if provided by any other method, the information shall be updated and made available at least monthly. Information accessed by telephone and the Internet shall be up to date.
(2)Maintain records of all child support collections made on behalf of a client who is an obligee. The records required under this section shall be maintained by the private child support collector for the duration of the contract plus a period of four years and four months from the date of the last child support payment collected by the private child support collector on behalf of an obligee. In addition to information required by paragraph (1), the private child support collector shall maintain the following:
(A)A copy of the order establishing the child support obligation under which a collection was made by the private child support collector.
(B)Records of all correspondence between the private child support collector and the obligee or obligor in a case.
(C)Any other pertinent information relating to the child support obligation, including any case, cause, or docket number of the court having jurisdiction over the matter and official government payment records obtained by the private child support collector on behalf of, and at the request of, the obligee.
(3)Safeguard case records in a manner reasonably expected to prevent intentional or accidental disclosure of confidential information pertaining to the obligee or obligor, including providing necessary protections for records maintained in an automated system.
(4)Ensure that every person who contracts with a private child support collector has the right to review all files and documents, both paper and electronic, in the possession of the private child support collector for the information specified in this paragraph regarding that obligees case that are not required by law to be kept confidential. The obligee, during regular business hours, shall be provided reasonable access to and copies of the files and records of the private child support collector regarding all moneys received, collection attempts made, fees retained or paid to the private child support collector, and moneys disbursed to the obligee. The private child support collector may not charge a fee for access to the files and records, but may require the obligee to pay up to three cents ($0.03) per page for the copies prior to their release.
(5)Provide, prior to commencing collection activities, written notice of a contract with an obligee to the local child support agency that is enforcing the obligees support order, if known, or the local child support agency for the county in which the obligee resides as of the time the contract is signed by the obligee. The notice shall identify the obligee, the obligor, and the amount of the arrearage claimed by the obligee.
(b)A private child support collector shall not do any of the following:
(1)Charge fees on current support if the obligee received any current child support during the six months preceding execution of the contract with the private child support collector. A private child support collector shall inquire of the obligee and record the month and year of the last current support payment and may rely on information provided by the obligee in determining whether a fee may be charged on current support.
(2)Improperly retain fees from collections that are primarily attributable to the actions of a governmental entity. The private child support collector shall refund all of those fees to the obligee immediately upon discovery or notice of the improper retention of fees.
(3)Collect or attempt to collect child support by means of conduct that is prohibited of a debt collector collecting a consumer debt under Sections 1788.10 to 1788.16, inclusive, of the Civil Code. This chapter does not modify, alter, or amend the definition of a debt or a debt collector under the Rosenthal Fair Debt Collection Practices Act (Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code).
(4)Misstate the amount of the fee that may be lawfully paid to the private child support collector for the performance of the contract or the identity of the person who is obligated to pay that fee.
(5)Make a false representation of the amount of child support to be collected. A private child support collector is not in violation of this paragraph if it reasonably relied on sufficient documentation provided by the government entity collecting child support, a court with jurisdiction over the support obligation, or from the obligee, or upon sufficient documentation provided by the obligor.
(6)Ask a party other than the obligor to pay the child support obligation, unless that party is legally responsible for the obligation or is the legal representative of the obligor.
(7)On or after January 1, 2007, require as a condition of providing services to the obligee, that the obligee waive any right or procedure provided for in state law regarding the right to file and pursue a civil action, or that the obligee agree to resolve disputes in a jurisdiction outside of California or to the application of laws other than those of California, as provided by law. Any waiver by the obligee of the right to file and pursue a civil action, the right to file and pursue a civil action in California, or the right to rely upon California law as provided by law must be knowing, voluntary, and not made a condition of doing business with the private child support collector. Any waiver, including, but not limited to, an agreement to arbitrate or regarding choice of forum or choice of law, that is required as a condition of doing business with the private child support collector, shall be presumed involuntary, unconscionable, against public policy, and unenforceable. The private child support collector has the burden of proving that any waiver of rights, including an agreement to arbitrate a claim or regarding choice of forum or choice of law, was knowing, voluntary, and not made a condition of the contract with the obligee.
SEC. 5.SEC. 4.Section 17311.7 of the Family Code is repealed.SEC. 6.SEC. 5.Section 17311.7 is added to the Family Code, to read:17311.7.(a)To the extent allowed by federal law, any payment required to be made to a family through the State Disbursement Unit under the state plan shall be made directly to the resident parent, legal guardian, caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker.
(b)For purposes of this section, the following definitions shall apply:
(1)Alternate caretaker means a nonrelative caretaker who is designated in a record by the custodial parent to take care of the child for a limited time.
(2)Record means information that is inscribed on a tangible medium or that is stored in an electronic or other format and is retrievable in perceivable form.
SEC. 7.SEC. 6.Section 69619.7 is added to the Government Code, to read:69619.7.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.
(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.
(c)This section shall become operative on January 1, 2019.
SEC. 8.SEC. 7.Section 70677 of the Government Code, as amended by Section 13 of Chapter 26 of the Statutes of 2015, is amended to read:70677.(a)The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is forty dollars ($40). Papers for which this fee shall be charged include the following:
(1)Papers listed in subdivision (a) of Section 70617.
(2)An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorneys fees, and bifurcation of issues.
(b)There shall be no fee under subdivision (a) of this section for filing any of the following:
(1)A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.
(2)An amended notice of motion or amended order to show cause.
(3)A statement to register foreign support under Section 5700.313 of the Family Code.
(4)An application to determine the judgment after entry of default.
(5)A request for an order to prevent domestic violence.
(6)A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.
(7)A stipulation that does not require an order.
(c)The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1)A request, application, or motion for the continuance of a hearing or case management conference.
(2)A stipulation and order.
(d)Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e)This section shall become operative on July 1, 2018.
SEC. 9.SEC. 8.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To support the well-being of California children and families by strengthening provisions for efficient and fair child support, visitation and custody, clarifying existing provisions of law, and bolstering the resources of the family courts to perform marriages and adjudicate family law matters at the earliest possible time, it is necessary that this measure take effect immediately.
(a)Although marriage is a personal relation arising out of a civil, and not a religious, contract, a marriage may be solemnized by a priest, minister, rabbi, or authorized person of any religious denomination who is 18 years of age or older. A person authorized by this subdivision shall not be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision, either by an individual or by a religious denomination, shall not affect the tax-exempt status of any entity.
(b)Consistent with Section 94.5 Sections 94.5 and 70.5 of the Penal Code and provided that any compensation received is reasonable, including payment of actual expenses, a marriage may also be solemnized by any of the following persons:
(1)A judge or retired judge, commissioner of civil marriages or retired commissioner of civil marriages, commissioner or retired commissioner, or assistant commissioner of a court of record in this state.
(2)A judge or magistrate who has resigned from office.
(3)Any of the following judges or magistrates of the United States:
(A)A justice or retired justice of the United States Supreme Court.
(B)A judge or retired judge of a court of appeals, a district court, or a court created by an act of the United States Congress the judges of which are entitled to hold office during good behavior.
(C)A judge or retired judge of a bankruptcy court or a tax court.
(D)A United States magistrate or retired magistrate.
(c)Except as provided in subdivision (d), a marriage may also be solemnized by any of the following persons who are 18 years of age or older:
(1)A Member of the Legislature or constitutional officer of this state or a Member of Congress of the United States who represents a district within this state, or a former Member of the Legislature or constitutional officer of this state or a former Member of Congress of the United States who represented a district within this state.
(2)A person that holds or formerly held an elected office of a city, county, or city and county.
(3)A city clerk of a charter city or serving in accordance with subdivision (b) of Section 36501 of the Government Code, while that person holds office.
(d)(1)A Except as provided in subdivision (b), a person listed in subdivision (c) shall not accept compensation for solemnizing a marriage while holding office.
(2)A person listed in subdivision (c) shall not solemnize a marriage pursuant to this section if they have been removed from office due to committing an offense or have been convicted of an offense that involves moral turpitude, dishonesty, or fraud.
SEC. 2.Section 3111 of the Family Code is amended to read:3111.(a)In any contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator pursuant to Sections 3110, 3111, 3180, and 3183 or Section 730 of the Evidence Code to conduct a child custody evaluation in cases where the court determines it is in the best interests of the child. The child custody evaluation shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on his or her evaluation. At least 10 days before any hearing regarding custody of the child, the report shall be filed with the clerk of the court in which the custody hearing will be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. A child custody evaluation, investigation, or assessment, and any resulting report, may be considered by the court only if it is conducted in accordance with the requirements set forth in the standards adopted by the Judicial Council pursuant to Section 3117; however, this does not preclude the consideration of a child custody evaluation report that contains nonsubstantive or inconsequential errors or both.
(b)The report shall not be made available other than as provided in subdivision (a) or Section 3025.5, or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile court case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code.
(c)The report may be received in evidence on stipulation of all interested parties and is competent evidence as to all matters contained in the report.
(d)If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party. The sanction shall be in an amount sufficient to deter repetition of the conduct, and may include reasonable attorneys fees, costs incurred, or both, unless the court finds that the disclosing party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The court shall not impose a sanction pursuant to this subdivision that imposes an unreasonable financial burden on the party against whom the sanction is imposed. This subdivision shall become operative on January 1, 2010.
(e)The Judicial Council shall, by January 1, 2010, do the following:
(1)Adopt a form to be served with every child custody evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report.
(2)Adopt a rule of court to require that, when a court-ordered child custody evaluation report is served on the parties, the form specified in paragraph (1) shall be included with the report.
(f)For purposes of this section, a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interests of the child.
SEC. 3.Section 3901 of the Family Code is amended to read:3901.(a)(1)The duty of support imposed by Section 3900 continues as to an unmarried child who has attained the age of 18 years, 18 years of age, is a full-time high school student, unless excused pursuant to paragraph (2), and who is not self-supporting, until the time the child completes the 12th grade or attains the age of 19 years, 19 years of age, whichever occurs first.
(2)A child is excused from the requirement to be a full-time high school student for purposes of paragraph (1) if the child has a medical condition documented by a physician that prevents full-time school attendance.
(b)Nothing in this section limits a parents ability to agree to provide additional support or the courts power to inquire whether an agreement to provide additional support has been made.
SEC. 4.Section 5614 of the Family Code is amended to read:5614.(a)A private child support collector shall do all of the following:
(1)(A)Provide to an obligee all of the following information:
(i)The name of, and any other identifying information relating to, any an obligor who made child support payments collected by the private child support collector.
(ii)The amount of support collected by the private child support collector.
(iii)The date on which each amount was received by the private child support collector.
(iv)The date on which each amount received by the private child support collector was sent to the obligee.
(v)The amount of the payment sent to the obligee.
(vi)The source of payment of support collected and the actions affirmatively taken by the private child support collector that resulted in the payment.
(vii)The amount and percentage of each payment kept by the private child support collector as its fee.
(B)The information required by paragraph (A) shall be made available, at the option of the obligee, by mail, telephone, or via secure Internet access. If provided by mail, the notice shall be sent at least quarterly and, if provided by any other method, the information shall be updated and made available at least monthly. Information accessed by telephone and the Internet shall be up to date.
(2)Establish a direct deposit account with the state disbursement unit and shall within two business days from the date the funds are disbursed from the state disbursement unit to the private child support collector, if a portion of the funds constitute an obligors fee, notify the Department of Child Support Services of the portion of each collection that constitutes a fee. The notification shall be sent by the private child support collector to the department in an electronic format to be determined by the department.(3)(2)Maintain records of all child support collections made on behalf of a client who is an obligee. The records required under this section shall be maintained by the private child support collector for the duration of the contract plus a period of four years and four months from the date of the last child support payment collected by the private child support collector on behalf of an obligee. In addition to information required by paragraph (1), the private child support collector shall maintain the following:
(A)A copy of the order establishing the child support obligation under which a collection was made by the private child support collector.
(B)Records of all correspondence between the private child support collector and the obligee or obligor in a case.
(C)Any other pertinent information relating to the child support obligation, including any case, cause, or docket number of the court having jurisdiction over the matter and official government payment records obtained by the private child support collector on behalf of, and at the request of, the obligee.
(4)(3)Safeguard case records in a manner reasonably expected to prevent intentional or accidental disclosure of confidential information pertaining to the obligee or obligor, including providing necessary protections for records maintained in an automated system.
(5)(4)Ensure that every person who contracts with a private child support collector has the right to review all files and documents, both paper and electronic, in the possession of the private child support collector for the information specified in this paragraph regarding that obligees case that are not required by law to be kept confidential. The obligee, during regular business hours, shall be provided reasonable access to and copies of the files and records of the private child support collector regarding all moneys received, collection attempts made, fees retained or paid to the private child support collector, and moneys disbursed to the obligee. The private child support collector may not charge a fee for access to the files and records, but may require the obligee to pay up to three cents ($0.03) per page for the copies prior to their release.
(6)(5)Provide, prior to commencing collection activities, written notice of any a contract with an obligee to the local child support agency that is enforcing the obligees support order, if known, or the local child support agency for the county in which the obligee resides as of the time the contract is signed by the obligee. The notice shall identify the obligee, the obligor, and the amount of the arrearage claimed by the obligee.
(b)A private child support collector shall not do any of the following:
(1)Charge fees on current support if the obligee received any current child support during the six months preceding execution of the contract with the private child support collector. A private child support collector shall inquire of the obligee and record the month and year of the last current support payment and may rely on information provided by the obligee in determining whether a fee may be charged on current support.
(2)Improperly retain fees from collections that are primarily attributable to the actions of a governmental entity. The private child support collector shall refund all of those fees to the obligee immediately upon discovery or notice of the improper retention of fees.
(3)Collect or attempt to collect child support by means of any conduct that is prohibited of a debt collector collecting a consumer debt under Sections 1788.10 to 1788.16, inclusive, of the Civil Code. This chapter does not modify, alter, or amend the definition of a debt or a debt collector under the Rosenthal Fair Debt Collection Practices Act (Title 1.6C (commencing with Section 1788) of Part 4 of Division 3 of the Civil Code).
(4)Misstate the amount of the fee that may be lawfully paid to the private child support collector for the performance of the contract or the identity of the person who is obligated to pay that fee.
(5)Make a false representation of the amount of child support to be collected. A private child support collector is not in violation of this paragraph if it reasonably relied on sufficient documentation provided by the government entity collecting child support, a court with jurisdiction over the support obligation, or from the obligee, or upon sufficient documentation provided by the obligor.
(6)Ask any a party other than the obligor to pay the child support obligation, unless that party is legally responsible for the obligation or is the legal representative of the obligor.
(7)Require, on On or after January 1, 2007, require as a condition of providing services to the obligee, that the obligee waive any right or procedure provided for in any state law regarding the right to file and pursue a civil action, or that the obligee agree to resolve disputes in a jurisdiction outside of California or to the application of laws other than those of California, as provided by law. Any waiver by the obligee of the right to file and pursue a civil action, the right to file and pursue a civil action in California, or the right to rely upon California law as provided by law must be knowing, voluntary, and not made a condition of doing business with the private child support collector. Any waiver, including, but not limited to, an agreement to arbitrate or regarding choice of forum or choice of law, that is required as a condition of doing business with the private child support collector, shall be presumed involuntary, unconscionable, against public policy, and unenforceable. The private child support collector has the burden of proving that any waiver of rights, including any an agreement to arbitrate a claim or regarding choice of forum or choice of law, was knowing, voluntary, and not made a condition of the contract with the obligee.
SEC. 5.Section 17311.7 of the Family Code is repealed.17311.7.(a)Upon the transfer of collection and disbursement activities from each county to the State Disbursement Unit, the auditor and controller of each county shall perform closeout activities as directed by the Department of Child Support Services to ensure accounting for all collections, obligations, and payments. All child support collections remaining undisbursed and interest earned on these funds shall be transferred to the Department of Child Support Services for deposit in the Child Support Payment Trust Fund. The local child support agency director and auditor and controller shall perform these activities based on guidelines provided by the department and shall certify the results of these activities in a report submitted to the department within one year of transfer of collection and distribution functions to the state.(b)The department may contract for the audit of each county report submitted under subdivision (a). Each audit shall be completed within one year after the receipt of the report from the county.SEC. 6.Section 17311.7 is added to the Family Code, to read:17311.7.(a)To the extent allowed by federal law, any payment required to be made to a family through the State Disbursement Unit under the state plan shall be made directly to the resident parent, legal guardian, caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker.
(b)For purposes of this section, the following definitions shall apply:
(1)Alternate caretaker means a nonrelative caretaker who is designated in a record by the custodial parent to take care of the child for a limited time.
(2)Record means information that is inscribed on a tangible medium or that is stored in an electronic or other format and is retrievable in perceivable form.
SEC. 7.Section 69619.7 is added to the Government Code, to read:69619.7.(a)The Legislature hereby ratifies the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 201819 fiscal year when the conversion will result in a judge being assigned to a family law or juvenile law assignment previously presided over by a subordinate judicial officer, pursuant to subparagraph (C) of paragraph (1) of subdivision (c) of Section 69615.
(b)The action described in subdivision (a) shall be in addition to any action that may be taken pursuant to the authority described in subparagraph (B) of paragraph (1) of subdivision (c) of Section 69615 to convert up to 16 subordinate judicial officer positions to judgeships.
(c)This section shall become operative on January 1, 2019.
SEC. 8.Section 70677 of the Government Code, as amended by Section 13 of Chapter 26 of the Statutes of 2015, is amended to read:70677.(a)The uniform fee for filing any motion, application, order to show cause, or any other paper requiring a hearing subsequent to the first paper is forty dollars ($40). Papers for which this fee shall be charged include the following:
(1)Papers listed in subdivision (a) of Section 70617.
(2)An order to show cause or notice of motion seeking temporary prejudgment or postjudgment orders, including, but not limited to, orders to establish, modify, or enforce child, spousal, or partner support, custody and visitation of children, division and control of property, attorneys fees, and bifurcation of issues.
(b)There shall be no fee under subdivision (a) of this section for filing any of the following:
(1)A motion, motion to quash proceeding, application, or demurrer that is the first paper filed in an action and on which a first paper filing fee is paid.
(2)An amended notice of motion or amended order to show cause.
(3)A statement to register foreign support under Section 4951 5700.313 of the Family Code.
(4)An application to determine the judgment after entry of default.
(5)A request for an order to prevent domestic violence.
(6)A paper requiring a hearing on a petition for writ of review, mandate, or prohibition that is the first paper filed in an action and on which a first paper filing fee has been paid.
(7)A stipulation that does not require an order.
(c)The uniform fee for filing the following papers not requiring a hearing is twenty dollars ($20):
(1)A request, application, or motion for the continuance of a hearing or case management conference.
(2)A stipulation and order.
(d)Regardless of whether each motion or matter is heard at a single hearing or at separate hearings, the filing fees required under paragraph (1) of subdivision (a) and under subdivision (c) apply separately to each motion or other paper filed. If an order to show cause or notice of motion is filed as specified in paragraph (2) of subdivision (a) combining requests for relief or opposition to relief on more than one issue, only one filing fee shall be charged under this section. The Judicial Council may publish rules to give uniform guidance to courts in applying fees under this section.
(e)This section shall become operative on July 1, 2018.
SEC. 9.This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
To support the well-being of California children and families by strengthening provisions for efficient and fair child support, visitation and custody, clarifying existing provisions of law, and bolstering the resources of the family courts to perform marriages and adjudicate family law matters at the earliest possible time, it is necessary that this measure take effect immediately.
|
Date
|
Status
|
|---|---|
| Aug 28, 2018 | Ordered to inactive file on request of Senator Jackson. |
| Aug 20, 2018 | Read second time. Ordered to third reading. |
| Aug 17, 2018 | From committee: Do pass as amended. (Ayes 7. Noes 0.) (August 16). |
| Aug 10, 2018 | Set for hearing August 16. |
| Jul 2, 2018 | July 2 hearing: Placed on APPR. suspense file. |
| Jun 22, 2018 | Set for hearing July 2. |
| Jun 14, 2018 | Read second time and amended. Re-referred to Com. on APPR. |
| Jun 13, 2018 | From committee: Do pass as amended and re-refer to Com. on APPR. with recommendation: To consent calendar. (Ayes 7. Noes 0.) (June 12). |
| Jun 4, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| May 15, 2018 | Set for hearing June 12. |
| May 14, 2018 | From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD. |
| Apr 19, 2018 | Referred to Com. on JUD. |
| Apr 11, 2018 | From printer. May be acted upon on or after May 11. |
| Apr 10, 2018 | Introduced. Read first time. To Com. on RLS. for assignment. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 16, 2018 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 2, 2018 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 12, 2018 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Association of Clerks and Election Officials | ** Support | Aug 20, 2018 |
| Santa Barbara County Board of Supervisors | ** Support | Aug 20, 2018 |
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | SB |
THIRD READING
Bill No: SB 1511
:
SENATE JUDICIARY COMMITTEE: 7-0, 6/12/18
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/16/18
AYES: Portantino, Bates, Beall, Bradford, Hill, Nielsen, Wiener
DIGEST:
This bill, the Senate Committee on Judiciary family law omnibus bill, makes noncontroversial changes to family law.
Existing law:
- Continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first. (Fam. Code Sec. 3901.)
- Authorizes, generally, commissioners of civil marriages, including retired and deputy commissioners of civil marriages, to solemnize a marriage. (Fam. Code Sec. 400.) Imposes misdemeanor penalties on a commissioner of civil marriages who accepts money or other value for solemnizing a marriage, unless the marriage is solemnized on a Saturday, Sunday, or a legal holiday. (Penal Code Secs. 70.5 & 94.5.) Authorizes a commissioner of civil marriages to solemnize a marriage for reasonable compensation. (Fam. Code Sec. 400.)
- Provides various procedures for the collection of child support and establishes, within the Department of Child Support Services, the State Disbursement Unit for the collection and disbursement of payments pursuant to support orders. (Fam. Code Secs. 4200 et seq., 4500 et seq., 17000 et seq., 17307, & 17309.) Provides for the collection of child support by private child support collectors and requires those entities to take specified actions, including establishing a direct deposit account with the State Disbursement Unit and, within 2 business days from the date the funds are disbursed from the State Disbursement Unit to the private child support collector, if a portion of the funds constitute an obligor’s fee, to notify the department of the portion of each collection that constitutes a fee. (Fam. Code Secs. 5610 et seq., 5614, & 17311.7.)
- Authorizes, pursuant to the Uniform Parentage Act, a hearing or trial held under its provisions to be held in closed court without admittance of any person other than those necessary to the action or proceeding. Under the act, all papers and records, other than the final judgment, pertaining to an action or proceeding are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown, except as specified. (Fam. Code Sec. 7643.)
- Requires electronic court filing upon adoption of a local rule of court. The Department of Child Support Services (DCSS) was granted an exemption from the e-filing requirement. The exemption is set to expire on January 1, 2019.
This bill:
- Continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first. (Fam. Code Sec. 3901.) Excuses a child from the requirement to be a full-time high school student for purposes of these provisions if the child has a medical condition documented by a physician that prevents full-time school attendance.
- Clarifies that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday.
- Removes the requirement that a private child support collector establish a direct deposit account with the State Disbursement Unit and would remove the notification requirement. To the extent allowed by federal law, requires any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker, as defined. Removes requirements relating to the transfer of child support collection and distribution functions to the state, including a requirement that all child support collections remaining undisbursed, with interest earned on these funds, be transferred to the department for deposit in the Child Support Payment Trust Fund.
- Authorizes the papers and records relating to establishing paternity and establishing and enforcing child support orders in a proceeding under the act to be subject to inspection and copying by any local child support agency.
- Extends the Department of Child Support Services’ exemption from the e-filing requirements to January 1, 2021.
- Makes technical and nonsubstantive changes and declares that specified provisions take effect immediately.
Background
SB 1511 makes clarifying and/or technical changes to family law. To be considered for inclusion in the family law omnibus bill, each provision must be non-controversial. If a non-controversial provision later becomes controversial, that provision will be removed from this bill.
Comments
The author writes:
This Committee bill makes several non-controversial changes to family law. The bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday. Additionally, the bill would provide that for purposes of a parent’s obligation to support a child, a child is excused from the requirement to be a full-time high school student if the child has a medical condition documented by a physician that prevents full-time school attendance. This bill would authorize the papers and records relating to establishing paternity and establishing and enforcing child support orders in a proceeding under the Uniform Parentage Act to be subject to inspection and copying by any local child support agency. Lastly, this bill would extend the Department of Child Support Services’ exemption from e-filing requirements to January 1, 2021.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
According to the Senate Appropriations Committee this bill has negligible fiscal impact to the state.
California Association of Clerks and Election Officials
Santa Barbara County Board of Supervisors
OPPOSITION: (Verified 8/17/18)
None received
8/20/18 19:23:32
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
SB 1511 (Committee on Judiciary) - Family law omnibus bill
Version: June 14, 2018 | Policy Vote: JUD. 7 - 0 |
Urgency: Yes | Mandate: No |
Hearing Date: August 16, 2018 | Consultant: Shaun Naidu |
Bill Summary:
SB 1511, the Senate Committee on Judiciary omnibus family law bill, would make various changes to the Family Code.
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 16, 2018
Fiscal Impact:
Negligible fiscal impact to the state.
Author Amendments:
Strike subordinate judicial officer conversion and filing fee exemption provisions.
-- END --
SENATE COMMITTEE ON
Senator Anthony Portantino, Chair
2017 - 2018 Regular Session
SB 1511 (Committee on Judiciary) - Family law omnibus bill
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
SB 1511, the Senate Committee on Judiciary omnibus family law bill, would make various changes to the Family Code.
Fiscal Impact:
- Annual costs of about $300,000 to convert ten subordinate judicial officer (SJO) positions to judgeships. For each converted position, the cost is about $30,000 higher for a judgeship than for an SJO. (General Fund)
- Unknown revenue loss to the court by exempting certain court filings related to the Uniform Interstate Family Support Act (UIFSA) from the filing fee. (Trial Court Trust Fund)
Background:
Existing law authorizes the conversion of sixteen SJO positions to judgeships in eligible superior courts each fiscal year, as specified. Existing law also authorizes the Judicial Council to convert up to an additional ten SJOs to judgeships each year, upon vacancy and subsequent legislative authorization, if the conversion of these additional positions will result in judges being assigned to family or juvenile law assignments previously presided over by SJOs. The Legislature must ratify the Judicial Council’s authority to convert the positions through statute.
Additionally, UIFSA governs the establishment, enforcement, and modification of interstate child and spousal support orders by providing jurisdictional standards and rules for determining which state’s order is a controlling order and whether a tribunal of this state may exercise continuing, exclusive jurisdiction over a support proceeding.
Proposed Law:
This bill would:
- Ratify the authority of Judicial Council to convert ten SJOs to judgeships in the 2018-2019 fiscal year, provided the conversion of these positions will result in judges being assigned to family or juvenile law assignments previously presided over by a SJO. It would provide that this authority is in addition to the existing authority provided to convert sixteen SJOs to judges.
- Excuse a child from the requirement to be a full-time high school student for purposes of provisions related to parental duty to support an unmarried child if the child has a medical condition documented by a physician that prevents full-time school attendance.
- Clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage that the commissioner solemnizes on a Saturday, Sunday, or a legal holiday.
- Remove the requirement that a private child support collector establish a direct deposit account with the State Disbursement Unit and would remove a specified notification requirement.
- Require, to the extent allowed by federal law, any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially-appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker, as defined.
- Remove requirements related to the transfer of child support collection and distribution functions to the state, including a requirement that all child support collections remaining undisbursed, with interest earned on these funds, be transferred to the department for deposit in the Child Support Payment Trust Fund.
- Specify, beginning on July 1, 2018, that certain court filings made in accordance with UIFSA are exempt from a requirement to pay a filing fee.
- Allow the papers and records related to establishing paternity and establishing and enforcing child support orders in a proceeding under the Uniform Parentage Act be subject to inspection and copying by any local child support agency.
- Extend the expiration date of the exemption from the e-filing requirement granted to the Department of Child Support Services to January 1, 2021.
-- END --
Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: SB 1511 (Author:Committee on Judiciary)
Version: June 4, 2018
Hearing Date: June 12, 2018
Fiscal: Yes
Urgency: Yes
Consultant: MEC
SUBJECT
Family law omnibus bill
DESCRIPTION
This is the Senate Committee on Judiciary family law omnibus bill. It would make noncontroversial changes to family law and ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2018-19 fiscal year, as specified.
BACKGROUND
SB 1511, sponsored by the Senate Committee on Judiciary, would make clarifying and/or technical changes to family law. The measure would also ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions to judgeships in the 2018-19 fiscal year, as specified. To be considered for inclusion in the family law omnibus bill, each provision must be non-controversial. If a non-controversial provision later becomes controversial, that provision will be removed from the bill.
CHANGES TO EXISTING LAW
- Existing law provides that the Legislature shall prescribe the number of judges and provide for the officers and employees of each superior court. Existing law also states that the Legislature may provide for the trial courts to appoint officers such as commissioners to perform subordinate judicial duties. (Cal. Const., art. VI, Secs. 4, 22.)
Existing law authorizes the courts to appoint subordinate judicial officers, and sets forth their duties and titles. (Gov. Code Sec. 71622.)
Existing law authorizes the conversion of 16 subordinate judicial officer positions in eligible superior courts to judgeships each fiscal year as specified. Existing law further authorizes the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, upon vacancy and subsequent legislative authorization, if the conversion of these additional positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by an SJO, but requires that such authority be ratified by the Legislature by statutory enactment. (Gov. Code Secs. 69615-16.)
This bill would ratify the authority of the Judicial Council to convert 10 subordinate judicial officer positions (SJOs) to judgeships in the 2018-2019 fiscal year, provided the conversion of these positions will result in judges being assigned to family or juvenile law assignments previously presided over by a subordinate judicial officer, and would provide that this authority is in addition to the existing authority provided to convert 16 SJOs to judges.
- Existing law continues the parental duty to support an unmarried child who has attained 18 years of age, is a full-time high school student, and who is not self-supporting, until the time the child completes the 12th grade or attains 19 years of age, whichever occurs first. (Fam. Code Sec. 3901.)
This bill would excuse a child from the requirement to be a full-time high school student for purposes of these provisions if the child has a medical condition documented by a physician that prevents full-time school attendance.
- Existing law generally authorizes commissioners of civil marriages, including retired and deputy commissioners of civil marriages, to solemnize a marriage. (Fam. Code Sec. 400.)
Existing law imposes misdemeanor penalties on a commissioner of civil marriages who accepts money or other value for solemnizing a marriage, unless the marriage is solemnized on a Saturday, Sunday, or a legal holiday. (Penal Code Secs. 70.5 & 94.5.)
Existing law also authorizes a commissioner of civil marriages to solemnize a marriage for reasonable compensation. (Fam. Code Sec. 400.)
This bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday.
- Existing law provides various procedures for the collection of child support and establishes, within the Department of Child Support Services, the State Disbursement Unit for the collection and disbursement of payments pursuant to support orders. (Fam. Code Secs. 4200 et seq., 4500 et seq., 17000 et seq., 17307, & 17309.)
Existing law also provides for the collection of child support by private child support collectors and requires those entities to take specified actions, including establishing a direct deposit account with the State Disbursement Unit and, within 2 business days from the date the funds are disbursed from the State Disbursement Unit to the private child support collector, if a portion of the funds constitute an obligor’s fee, to notify the department of the portion of each collection that constitutes a fee. (Fam. Code Secs. 5610 et seq., 5614, & 17311.7.)
This bill would remove the requirement that a private child support collector establish a direct deposit account with the State Disbursement Unit and would remove the notification requirement.
This bill, to the extent allowed by federal law, would require any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal and fiduciary duty to the parent and child, or alternate caretaker, as defined.
This bill would also remove requirements relating to the transfer of child support collection and distribution functions to the state, including a requirement that all child support collections remaining undisbursed, with interest earned on these funds, be transferred to the department for deposit in the Child Support Payment Trust Fund.
- Existing law, The Uniform Interstate Family Support Act (UIFSA) governs the establishment, enforcement, and modification of interstate child and spousal support orders by providing jurisdictional standards and rules for determining which state’s order is a controlling order and whether a tribunal of this state may exercise continuing, exclusive jurisdiction over a support proceeding. (Fam. Code Secs. 5700.101 et seq. & 5700.313; Sec. 666 (f) of Title 42 of USC.)
This bill would specify, beginning on July 1, 2018, that certain court filings made in accordance with UIFSA are exempt from a requirement to pay a filing fee.
- Existing law, the Uniform Parentage Act authorizes a hearing or trial held under its provisions to be held in closed court without admittance of any person other than those necessary to the action or proceeding. Under the act, all papers and records, other than the final judgment, pertaining to an action or proceeding are subject to inspection and copying only in exceptional cases upon an order of the court for good cause shown, except as specified. (Fam. Code Sec. 7643.)
This bill would authorize the papers and records relating to establishing paternity and establishing and enforcing child support orders in a proceeding under the act to be subject to inspection and copying by any local child support agency.
- Existing law requires electronic court filing upon adoption of a local rule of court. The Department of Child Support Services (DCSS) was granted an exemption from the e-filing requirement. The exemption is set to expire on January 1, 2019.
This bill would extend the expiration date of the exemption to January 1, 2021.
- This bill also makes technical and nonsubstantive changes.
This bill would declare that specified provisions take effect immediately.
COMMENT
- Stated need for the bill
According to the author:
This Committee bill makes several non-controversial changes to family law. The bill would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday. Additionally, the bill would provide that for purposes of a parent’s obligation to support a child, a child is excused from the requirement to be a full-time high school student if the child has a medical condition documented by a physician that prevents full-time school attendance. The bill would also provide that beginning on July 1, 2018, certain court filings made in accordance with the Uniform Interstate Family Support Act are exempt from a requirement to pay a filing fee. As required by statute, the bill would ratify the Judicial Council’s authority to convert 10 Subordinate Judicial Officers to judgeships in the next year, provided those judges replace Subordinate Judicial Officers in family or juvenile law cases. This provision seeks to improve family and juvenile law cases by increasing the likelihood that these matters are presided over by more directly accountable judges. Lastly, this bill would authorize the papers and records relating to establishing paternity and establishing and enforcing child support orders in a proceeding under the Uniform Parentage Act to be subject to inspection and copying by any local child support agency.
- Conversions of available subordinate judicial officer positions to judgeships in family and juvenile court
Under current law, the Legislature is responsible for prescribing the number of judges and providing for the officers and employees of each superior court. (Cal. Const., art. VI, Sec. 4.) Existing law further permits the Legislature to provide for, and the courts to appoint, subordinate judicial officers (SJOs) to assist the courts in carrying out their duties. (Id. at Sec. 22; Gov. Code Sec. 71622.)
Historically, SJO positions were created and funded at the county level to address courts’ needs for judicial-like resources when new judgeships were pending or not yet authorized by the Legislature. However, responding to the shortage of judges available to handle the trial courts’ workload, the Legislature has considered numerous bills over the last several years that established new judgeships and authorized the conversion of up to 162 existing SJOs (16 per fiscal year) to judgeships upon vacancy. Unlike judges, SJOs are not directly accountable to the public, but due to the shortages of judges, they are performing some of the most complex and sensitive judicial duties.
Recognizing the particular need for judges in family and juvenile law cases, AB 2763 (Committee on Judiciary, Chapter 690, Statutes of 2010), authorized the Judicial Council to convert up to an additional 10 SJOs to judgeships each year, if the conversion of these additional positions will result in a judge being assigned to a family or juvenile law assignment previously presided over by an SJO. However, such authorization must be ratified by the Legislature. This was done by the Legislature in 2011-2012 through SB 405 (Corbett, Chapter 705, Statutes of 2011), in 2013 through AB 1403 (Committee on Judiciary, Chapter 510, Statutes of 2013), in 2014 through AB 2745 (Committee on Judiciary, Chapter 311, Statutes of 2014), in 2015 through AB 1519 (Committee on Judiciary, Chapter 416, Statutes of 2015), in 2016 through AB 2882 (Committee on Judiciary, Chapter 474, Statutes of 2016), and last year through AB 1692 (Committee on Judiciary, Chapter 330, Statutes of 2017). This bill would provide the Judicial Council with that same ratification for 2018-2019.
- Commissioners of civil marriages could accept reasonable compensation for
solemnizing marriages on Saturday, Sunday, and legal holidays
A marriage is not valid unless it is solemnized by an authorized individual. (Fam. Code Sec. 300.) Under existing law, marriages may be solemnized by authorized persons of any religious denomination, judges, commissioners, and magistrates. In 1998, this list was expanded to include California Legislators, constitutional officers, and members of Congress from California, during the time period that those individuals are holding office. (AB 1094, Committee on Judiciary, Ch. 932, Stats. 1998). Subsequently, elected mayors, county supervisors, and city clerks were also authorized to solemnize marriage ceremonies, as long as they first receive training from the county clerk. (AB 2600, Ma & Lieu, Ch. 268, Stats. 2010; SB 991, Runner, Ch. 63, Stats. 2012; and Lowenthal Ch. 450, Stats. 2014.)
In 2016, AB 2761 (Low, Ch. 528, Stats. 2016) expanded the categories of individuals who could perform marriage. Specifically, SB 2761 authorized former Members of the Legislature and constitutional officers of this state, former Members of Congress of the United States who represented a district within this state, and current and former elected officials of a city, county, or city and county, to solemnize a marriage. SB 2761 additionally removed the requirement that county supervisors, city clerks, and elected mayors obtain and review all available instructions for marriage solemnization before first solemnizing a marriage.
AB 2761 was then amended on the Senate Floor to restructure the bill, ensuring that, like elected officials, judges may not accept compensation for solemnizing a marriage while serving on the bench, and prohibits judges from solemnizing a marriage if they have been removed from the bench due to committing an offense or have been convicted of a crime that involves moral turpitude, dishonesty, or fraud. However, Penal Code Section 94.5 already penalized the acceptance by a judge, justice, commissioner, or assistant commissioner of a court who accepts any money or other thing of value for performing any marriage, regardless of whether the performance of the marriage is conditioned on the giving of such money or thing of value. Penal Code Section 94.5 makes an exception for the acceptance of a fee for a judge, justice, commissioner, or assistant commissioner who performs a marriage on Saturday, Sunday, or a legal holiday.
In 2017, the legislature passed AB 430 (Irwin, Stats. 2017, Ch. 42) which brought Family Code Section 400 in line with Penal Code Section 94.5 by reauthorizing judges’ ability to receive reasonable compensation for performing marriages outside of their normal work hours on a Saturday, Sunday, or legal holiday. Similarly, SB 1511 would clarify that a commissioner of civil marriages may accept reasonable compensation for a marriage he or she solemnizes on a Saturday, Sunday, or a legal holiday.
4. Other provisions of the bill
a. Children with documented medical conditions
Under existing law a parent has a duty to support their unmarried child who has attained 18 years of age as long as that child is a full-time high school student and is not self-supporting. The obligation only lasts until the child either completes the 12th grade or attains 19 years of age. There are circumstances, however, when a child cannot be a full-time high school student because of a medical condition. This bill would excuse a child from the requirement to be a full-time high school student for purposes of these provisions if the child has a medical condition documented by a physician that prevents full-time school attendance.
b. Streamlining child support payments
Existing law provides various procedures for the collection of child support and establishes, within the Department of Child Support Services, the State Disbursement Unit for the collection and disbursement of payments pursuant to support orders. Existing law also provides for the collection of child support by private child support collectors and requires those entities to take specified actions, including establishing a direct deposit account with the State Disbursement Unit and, within 2 business days from the date the funds are disbursed from the State Disbursement Unit to the private child support collector, if a portion of the funds constitute an obligor’s fee, to notify the department of the portion of each collection that constitutes a fee. This bill would bring state law into conformity with federal law by requiring these child support payments to be made directly to families, as specified. Specifically, this bill, would require any payment required to be made to a family through the State Disbursement Unit under the state plan to be made directly to the resident parent, legal guardian, or caretaker relative who has custody of or responsibility for the child, judicially appointed conservator with a legal fiduciary duty to the parent and child, or alternate caretaker, as defined.
c. Filing fee exemption for certain Uniform Interstate Family Support filings
The Uniform Interstate Family Support Act (UIFSA) governs the establishment, enforcement, and modification of interstate child and spousal support orders by providing jurisdictional standards and rules for determining which state’s order is a controlling order and whether a tribunal of this state may exercise continuing, exclusive jurisdiction over a support proceeding. This bill would specify, beginning on July 1, 2018, that certain court filings made in accordance with UIFSA are exempt from a requirement to pay a filing fee.
Additionally, this bill would remove an obsolete reference to Family Code Section 4951 and replace it with the correct cross reference of Family Code Section 5700.313.
d. Granting local child support agencies access to paternity files
This bill would amend Family Code section 7643(b) to provide local child support agencies access to non IV-D civil paternity files without the necessity of petitioning for and securing an order of the court. Some local child support agencies have on-line access to their Superior Court’s Case Management system through which they have complete access to all IV-D, family law (dissolution of marriage), probate, and general civil litigation cases. However, at least one local child support agency has denied on-line access to non-IV-D civil paternity cases. According to the local child support agency, the position of the Court is that all papers and records in these cases, other than the final judgment, are subject to inspection only by the parties to the action or their attorneys, or in exceptional cases upon an order of the court for good cause shown, on a case by case basis. The local child support agency seeks an amendment to Family Code section 7643(b) to gain access to information in non-IV-D civil paternity cases to assist their agency in the carrying out their statutory duties to establish and enforce paternity and child support obligations. Specifically, they seek direct access to non-IV-D civil paternity information for the purpose of determining whether they should file or initiate a new governmental action to establish paternity and/or child support under Family Code Section 17400, or appear in an existing action between the mother and father through the filing of notice of motion, a supplemental summons and complaint, or some other pleading. Accordingly, this bill would authorize the papers and records relating to establishing paternity and establishing and enforcing child support orders in a proceeding under the act to be subject to inspection and copying by any local child support agency.
5. Extending the Department of Child Support Services’ exemption from e-filing
AB 976 (Berman, Ch. 319, Stats. 2017) requires electronic court filing upon adoption of a local rule of court. The Department of Child Support Services (DCSS) was granted an exemption from the e-filing requirement. The exemption is set to expire on January 1, 2019. According to the DCSS, they have made extensive efforts to meet the January 1, 2019 date. However, notwithstanding their full focus and diligence, the first DCSS/court electronic document exchange is scheduled for February 2019. According to the DCSS, includes the e-filing of over 60 form sets along with the functionality of the guideline calculation for child support to the Notice of Motion and other required forms. DCSS anticipates rolling-out the electronic court filing at approximately 24 courts per year, prioritizing based on the readiness of the courts. The DCSS seeks an amendment in this bill to extend the expiration of their exemption date to January 1, 2021. The extension would provide additional time for DCSS and the courts to collaborate toward an e-filing solution that is beneficial for all stakeholders. This amendment would extend the date to January 1, 2021.
Amendment
Section 1010.6(d)(5) of the Civil Procedure Code is amended to read:
Until January 1, 2019 2021 a local child support agency, as defined in subdivision (h) of section 17000 of the Family Code, is exempt from a trial court’s mandatory electronic filing and service requirements, unless the Department of Child Support Services and the local child support agency determine it has the capacity and functionality to comply with the trial court’s mandatory electronic filing and service requirements.
Support: California Association of Clerks and Election Officials; Santa Barbara County Board of Supervisors
Opposition: None Known
HISTORY
Source: Authors
Related Pending Legislation: None Known
Prior Legislation:
AB 430 (Irwin, Stats. 2017, Ch. 42) See Comment 2 above.
AB 976 (Berman, Ch. 319, Stats. 2017) See Comment 5 above.
AB 1692 (Committee on Judiciary, Ch. 330, Stats. 2017) made clarifying and/or technical changes to family law.
AB 2882 (Committee on Judiciary, Ch. 474, Stats. 2016) made a number of clarifying and/or technical changes to family law.
AB 1519 (Committee on Judiciary, Ch. 416, Stats. 2015) made four clarifying and/or technical changes to family law.
**************
Discussed in Hearing
1H
Senate Standing Committee on Appropriations
Bill Author
Bill Co-Author(s):