Section 17604 Of Article 3. Program Compliance From California Family Law Code >> Division 17. >> Chapter 2. >> Article 3.
17604
. (a) (1) If at any time the director considers any public
agency, that is required by law, by delegation of the department, or
by cooperative agreement to perform functions relating to the state
plan for securing child and spousal support and determining
paternity, to be failing in a substantial manner to comply with any
provision of the state plan, the director shall put that agency on
written notice to that effect.
(2) The state plan concerning spousal support shall apply only to
spousal support included in a child support order.
(3) In this chapter the term spousal support shall include support
for a former spouse.
(b) After receiving notice, the public agency shall have 45 days
to make a showing to the director of full compliance or set forth a
compliance plan that the director finds to be satisfactory.
(c) If the director determines that there is a failure on the part
of that public agency to comply with the provisions of the state
plan, or to set forth a compliance plan that the director finds to be
satisfactory, or if the state certifies to the director that the
public agency is not in conformity with applicable merit system
standards under Part 2.5 (commencing with Section 19800) of Division
5 of Title 2 of the Government Code, and that sanctions are necessary
to secure compliance, the director shall withhold part or all of
state and federal funds, including incentive funds, from that public
agency until the public agency shall make a showing to the director
of full compliance.
(d) After sanctions have been invoked pursuant to subdivision (c),
if the director determines that there remains a failure on the part
of the public agency to comply with the provisions of the state plan,
the director may remove that public agency from performing any part
or all of the functions relating to the state plan.
(e) In the event of any other audit or review that results in the
reduction or modification of federal funding for the program under
Part D (commencing with Section 652) of Subchapter IV of Title 42 of
the United States Code, the sanction shall be assessed against those
counties specifically cited in the federal findings in the amount
cited in those findings.
(f) The department shall establish a process whereby any county
assessed a portion of any sanction may appeal the department's
decision.
(g) Nothing in this section shall be construed as relieving the
board of supervisors of the responsibility to provide funds necessary
for the continued operation of the state plan as required by law.