(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 department.
(c) This section does not relieve an obligor, who has not been reunified with their child, of any liability for public assistance debt.
(d) For the purposes of this section, the following definitions apply:
(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.
(Amended by Stats. 2019, Ch. 115, Sec. 161. (AB 1817) Effective January 1, 2020.)