Section 17550 Of Article 2. Collections And Enforcement From California Family Law Code >> Division 17. >> Chapter 2. >> Article 2.
. (a) The Department of Child Support Services, in
consultation with the State Department of Social Services, shall
establish regulations by which the local child support agency, in any
case of separation or desertion of a parent from a child that
results in aid under Chapter 2 (commencing with Section 11200) of
Part 3 of Division 9 of the Welfare and Institutions Code being
granted to the child, may compromise the obligor parent or parents'
liability for public assistance debt, including interest thereon,
owed to the state where the child for whom public assistance was paid
is residing with the obligor parent, and all of the following
conditions are met:
(1) The obligor parent establishes one of the following:
(A) The child has been adjudged a dependent of the court under
Section 300 of the Welfare and Institutions Code and the child has
been reunified with the obligor parent pursuant to a court order.
(B) The child received public assistance while living with a
guardian or relative caregiver and the child has been returned to the
custody of the obligor parent, provided that the obligor parent for
whom the debt compromise is being considered was the parent with whom
the child resided prior to the child's placement with the guardian
or relative caregiver.
(2) The obligor parent, for whom the debt compromise is being
considered, has an income less than 250 percent of the current
federal poverty level.
(3) The local child support agency, pursuant to regulations set
forth by the department, has determined that the compromise is
necessary for the child's support.
(b) Prior to compromising an obligor parent's liability for debt
incurred for either AFDC-FC payments provided to a child pursuant to
Section 11400 of the Welfare and Institutions Code, or incurred for
CalWORKs payments provided on behalf of a child, the local child
support agency shall consult with the county child welfare
(c) Nothing in this section relieves an obligor, who has not been
reunified with his or her child, of any liability for public
(d) For the purposes of this section, the following definitions
(1) "Guardian" means the legal guardian of the child, who assumed
care and control of the child while the child was in the guardian's
control, and who is not a biological or adoptive parent.
(2) "Relative caregiver" means a relative as defined in
subdivision (c) of Section 11362 of the Welfare and Institutions
Code, who assumed primary responsibility for the child while the
child was in the relative's care and control, and who is not a
biological or adoptive parent.
(e) The department shall promulgate all necessary regulations
pursuant to this section on or before October 1, 2002, including
regulations that set forth guidelines to be used by the local child
support agency when compromising public assistance debt.