2005 California Welfare and Institutions Code Sections 10080-10093 CHAPTER 4. CALIFORNIA CHILD SUPPORT AUTOMATION SYSTEM

10080.  (a) The Legislature finds and declares the following:
   (1) The failure of the Statewide Automated Child Support System
(SACSS) has left California without a statewide automated child
support system as required by federal law and subjects the state to
significant federal penalties.
   (2) Statewide uniformity of child support enforcement practices
and procedures is essential to an effective child support enforcement
program.
   (3) A single statewide automated child support system promotes
uniformity and supports a child support collection system that keeps
children out of poverty and reduces welfare costs.  Successful
implementation of a single statewide child support system is critical
to the welfare of California and its children.
   (4) The federal government has informed the state that the
proposed consortia-based alternative system configuration submitted
by the state for approval does not meet the criteria required by
federal law.
   (5) The federal government has informed the state that it intends
to disapprove the state's child support (Title IV-D) plan because the
state has failed to timely implement a State Disbursement Unit as
required by federal law.  Disapproval of the state IV-D plan may
result in the state's ineligibility for a federal Temporary
Assistance to Needy Families (TANF) block grant under Title IV-A of
the Social Security Act jeopardizing the receipt of billions of
dollars of federal funds.
   (b) It is, therefore, the intent of the Legislature to:
   (1) Establish a single statewide automated child support system
that complies with all federal certification requirements, federal
and state laws and policies, meets Year 2000 requirements, and
ensures child support collections will continue to increase.
   (2) Ensure that all counties will have an automation system that
will allow them to continue their child support services while a
single statewide automated child support system is developed and
implemented.
   (3) Designate the Franchise Tax Board, as an agent for the
department, as the entity responsible for the procurement,
development, implementation, and maintenance of the single statewide
automated system in accordance with the state's child support (Title
IV-D) plan.
   (4) Ensure that the single statewide automated system project will
be completed successfully and in the most expeditious manner
possible through the cooperation of all affected state agencies.
   (5) Ensure county participation and compliance with the single
statewide automated system by providing for the sharing of federal
penalties.
   (6) Avoid the repetition of the practices that led to the failure
of the SACSS system and to require the department to ensure that
procedures are in place to prevent the repetition of those practices.
10081.  The definitions contained in this section shall govern the
construction of this chapter, unless the context requires otherwise:
   (a) "Annual automation cooperation agreement" or "AACA" means an
agreement between a county and the department, developed in
consultation with the Franchise Tax Board, that specifies the
responsibilities, activities, milestones, and consequences in regard
to automation and that provides the authority for the department to
pass through automation funding to the counties.  The AACA shall be
incorporated into the cooperative agreement between the department
and the county, as described in subdivision (a) of Section 17304 of
the Family Code.
   (b) "California Child Support Automation System" means a single
automated child support system operative in all California counties
and includes the State Case Registry, the State Disbursement Unit,
and all other necessary data bases and interfaces.
   (c) "Consortia" means one or more counties that have entered into
an agreement to jointly use and maintain a common automated child
support system.
   (d) "Department" means the state agency designated as the single
state agency responsible for operating the child support enforcement
program.
   (e) "Director" means the director of the state agency designated
as the single state agency responsible for operating the child
support enforcement program.
   (f) "Local child support agency" means the county department
established pursuant to Section 17304 of the Family Code.
   (g) "Work plan" means a comprehensive document developed by a
county that is used to manage its activities toward statewide
automation.  The work plan shall include, but not be limited to, all
tasks, timelines, resources, and critical milestones necessary to
complete the county's project responsibilities and any other
provision specified by the department.
10082.  (a) The department, through the Franchise Tax Board as its
agent, shall be responsible for procuring, in accordance with Section
10083, developing, implementing, and maintaining the operation of
the California Child Support Automation System in all California
counties.  This project shall, to the extent feasible, use the same
sound project management practices that the Franchise Tax Board has
developed in successful tax automation efforts.  The single statewide
system shall be operative in all California counties and shall also
include the State Case Registry, the State Disbursement Unit and all
other necessary data bases and interfaces.  The system shall provide
for the sharing of all data and case files, standardized functions
across all of the counties, timely and accurate payment processing
and centralized payment disbursement from a single location in the
state.  The system may be built in phases with payments contingent on
acceptance of agreed upon deliverables.  As appropriate, additional
payments may be made to the vendors for predefined levels of higher
performance once the system is in operation.
   (b) All ongoing interim automation activities apart from the
procurement, development, implementation, and maintenance of the
California Child Support Automation System, including Year 2000
remediation efforts and system conversions, shall remain with the
department, and shall not be the responsibility of the Franchise Tax
Board.  However, the department shall ensure that all interim
automation activities are consistent with the procurement,
development, implementation, and maintenance of the California Child
Support Automation System by the Franchise Tax Board through the
project charter described in Section 10083 and through continuous
consultation.
   (c) The department shall seek, at the earliest possible date, all
federal approvals and waivers necessary to secure financial
participation and system design approval of the California Child
Support Automation System.
   (d) The department shall seek federal funding for the maintenance
and operation of all county child support automation systems until
the time that the counties transition to the California Child Support
Automation System.
   (e) The department shall direct local child support agencies, if
it determines it is necessary, to modify their current automation
systems or change to a different system, in order to meet the goal of
statewide automation.
   (f) Notwithstanding any state policies, procedures, or guidelines,
including those set forth in state manuals, all state agencies shall
cooperate with the Franchise Tax Board to expedite the procurement,
development, implementation, and operation of the California Child
Support Automation System and shall delegate to the Franchise Tax
Board, to the fullest extent possible, all functions including
acquisition authority as provided in Section 12102 of the Public
Contract Code, that may assist the Franchise Tax Board.  All state
agencies shall give review processes affecting the single statewide
automation system their highest priority and expedite these review
processes.
   (g) The Franchise Tax Board shall employ the expertise needed for
the successful and efficient implementation of the single statewide
child support automation system and, therefore, shall be provided
three Career Executive Assignment Level 2 positions, and may enter
into personal services agreements with one or more persons, at the
prevailing market rates for the kind or quality of services
furnished, provided the agreements do not cause the net displacement
of civil service employees.
   (h) All funds appropriated to the Franchise Tax Board for purposes
of this chapter shall be used in a manner consistent with the
authorized budget without any other limitations.
   (i) The department and the Franchise Tax Board shall consult with
local child support agencies and child support advocates on the
implementation of the single statewide child support automation
system.
   (j) (1) Notwithstanding the provisions of the Administrative
Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1
of Division 3 of Title 2 of the Government Code), through December
31, 2000, the department may implement the applicable provisions of
this chapter through family support division letters or similar
instructions from the director.
   (2) The department may adopt regulations to implement this chapter
in accordance with the Administrative Procedure Act, Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2 of
the Government Code.  The adoption of any emergency regulation filed
with the Office of Administrative Law on or before January 1, 2003,
shall be deemed to be an emergency and necessary for the immediate
preservation of the public peace, health, and safety or general
welfare.  These emergency regulations shall remain in effect for no
more than 180 days.
10083.  (a) The Franchise Tax Board, as agent for the department,
shall develop a procurement plan that employs, where appropriate,
techniques proven to be successful in the Franchise Tax Board's
previous technology efforts and incorporates where possible best
practices from other government jurisdictions.  The procurement plan
shall consider the events and circumstances that contributed to the
failure of the SACSS system and incorporate a strategy for avoiding
the repetition of those events and circumstances and shall consider
the findings and recommendations made by the Bureau of State Audits
in its evaluation of the failure of the SACSS system.
   (b) Prior to procurement, the department and the Franchise Tax
Board shall develop a project charter that shall be approved by the
Executive Officer and Director of the Franchise Tax Board, the
director of the department, and the Secretary of the California
Health and Human Services Agency.  The project charter shall include
governance structure, business requirements, project scope,
performance measures, contract authority, and all other elements the
department and the Franchise Tax Board deem necessary to successfully
manage the procurement, development, implementation, and operation
of the California Child Support Automation System.
   (c) The procurement plan, subject to federal approval, shall
include, but not be limited to elements, that accomplish the
following tasks:
   (1) Provide for full and open competition among qualified vendors.
  Vendors shall be prequalified based on factors such as successful
past performance and implementation of similar systems in other
government jurisdictions.
   (2) Specify business outcomes to be achieved, not the solution to
be provided.
   (3) Allow a period of confidential discussion and discovery to
develop and refine potential solutions to best meet the business
needs.
   (4) Maximize the potential for competition and reduce time for
implementation by phasing in the project to the greatest extent
possible.
   (5) Structure the plan to maintain maximum vendor commitment to
project success and minimize risk to the state by sharing risk with
the private sector.
   (6) Utilize "best value" evaluation methods, which means to select
the solution based upon achieving the best solution based on
business performance measures not necessarily the lowest price.
   (7) Consider the future ability of the selected system to provide
enhancements that will improve long-term effectiveness of child
support management.
   (8) Base payments to the vendors primarily on achieving predefined
performance measures.
   (d) The California Child Support Automation System shall
incorporate technology that can be readily enhanced and modernized
for the expected system life.  In selecting the new system,
consideration shall be given to the extent to which the candidate
systems employ open architectures and standards.
   (e) Notwithstanding any other provision of law, the department, or
the Franchise Tax Board, or its designee may contract with existing
child support consultants to provide their current and related
services and project management through the life of the child support
automation project to help meet legislative timeframes, consistent
with the requirements of Article 7 of the California Constitution.
   (f) Notwithstanding any other provision of law, the procurements
for all design, development, implementation, maintenance, and
operation of the California Child Support Automation System and any
bid protest conducted under this chapter shall be subject to the
following procedures:
   (1) The Executive Officer of the Franchise Tax Board, or his or
her designee, may consider and decide initial protests.  A decision
regarding initial protests shall be final.
   (2) A contract may be entered into pending a final decision on a
protest.  The protest shall not prevent the commencement of work in
accordance with the terms of the contract awarded.
   (3) Protests shall be limited to participating bidders.
   (4) A protest shall be filed within five days of the posting of
the notice of the award.  The Department of General Services shall
review a protest within seven days of the filing date.  If the
Department of General Services finds that a protest is clearly
insufficient on its face, entirely without merit, or outside the
scope of permissible protest, it may make a final disposition of the
protest.
   (5) The Director of General Services shall issue a ruling within a
period not to exceed 45 days from the date the protest is filed.
   (6) Grounds to protest under this section shall be limited to
violations of the solicitation procedures resulting in the protestant'
s proposal not being selected.  These grounds shall be stated in the
solicitation document with the protest procedures.
   (7) Any bidder that has filed a protest that is determined by the
Department of General Services to be clearly insufficient on its
face, entirely without merit, or outside the scope of permissible
protest shall not be eligible to participate in solicitations
conducted under this section.
   (g) To protect public confidence in the integrity of the
procurements described in this section, the State Auditor shall
monitor the evaluation and selection process and must certify that
the evaluation was based on the evaluation criteria contained in the
solicitation document, that the vendor or vendors were chosen
according to the selection methodology in the solicitation document
and that both of these activities were carried out without bias or
favoritism toward any bidder.
10084.  (a) The department shall be responsible for requiring each
local child support agency to cooperate in establishing the
California Child Support Automation System in every county.  This
requirement shall include taking steps necessary to facilitate the
transition from interim systems to the California Child Support
Automation System, including those modifications to current systems
as the department may require in subdivision (d) of Section 10082.
   (b) The department shall require each local child support agency
to enter into an annual automation cooperation agreement (AACA) with
the department.  The department, in consultation with the Franchise
Tax Board, shall specify the terms of the agreement.
   (c) Each local child support agency shall develop and submit a
work plan to the department by the dates specified by the department
in the AACA.
   (d) If the AACA needs to be amended due to a change in state or
federal law, regulations, or policy, each local child support agency
must enter into an amended AACA as required by the department.
   (e) A local child support agency shall not receive any state
General Fund moneys or federal funds for child support automation
efforts for any period in which the department has found that the
local child support agency has failed to do any of the following:
   (1) Enter into an AACA.
   (2) Develop, submit, or comply with their work plan.
   (3) Enter into an amended AACA when required by the department.
   (4) Comply with any other provision of the AACA.
   (f) The department shall establish a process whereby a county that
has had state or federal funds withheld pursuant to this section may
appeal the department's decision.
10085.  (a) (1) Automation costs for county interim systems shall be
funded with General Fund incentive funds available pursuant to
paragraph (1) of subdivision (b) of Section 15200.81 prior to the
funding of administrative costs pursuant to clause (I) of
subparagraph (B) of paragraph (2) of subdivision (b) of Section
15200.81.
   (2) Automation costs for county interim systems shall be funded
with General Fund incentive funds available pursuant to paragraph (1)
of subdivision (b) of Section 17704 of the Family Code prior to the
funding of administrative costs pursuant to clause (I) of
subparagraph (B) of paragraph (2) of subdivision (b) of Section 17704
of the Family Code.
   (3) Paragraph (2) shall only become operative if Assembly Bill 196
of the 1999-2000 Regular Session becomes operative January 1, 2000,
in which case paragraph (1) shall be operative only until the
operative date of Assembly Bill 196, at which time paragraph (2)
shall become operative.
   (b) To the extent funds are provided in the annual Budget Act, the
state shall be responsible for funding the development and
procurement of the California Child Support Automation System, all
costs of transitioning the local child support agencies from their
existing child support automation systems to that system, and all of
the nonfederal share of local child support agencies' interim
automation costs, which may include the following:
   (1) Data cleanup and conversion activities, training costs, and
costs associated with the development of county interfaces, as
defined by the department.
   (2) Costs associated with ongoing maintenance and operations, as
specified by the department.
   (3) Enhancement costs related to state and federal mandates, as
specified by the department.
   (4) Enhancement costs related to Year 2000 requirements, as
specified by the department.  For any local child support agency that
does not develop a Year 2000 remediation plan approved by the
department, according to standards developed by the department, and
does not make progress on the approved work plan, no state funds
shall be available.
   (5) Enhancement costs required to meet the distribution
requirements contained in Public Law 104-193 and any subsequent
amendments to the distribution requirements, as specified by the
department.
   (6) Any other costs as deemed necessary by the department to
ensure that local child support agencies can continue operating
essential interim automation systems.
   (c) (1) Automation costs under this chapter shall not be
considered county administrative costs described in Section 15200.81.
   (2) Automation costs under this chapter shall not be considered
county administrative costs described in Section 17704 of the Family
Code.
   (3) Paragraph (2) shall only become operative if Assembly Bill 196
of the 1999-2000 Regular Session becomes operative January 1, 2000,
in which case paragraph (1) shall be operative only until the
operative date of Assembly Bill 196, at which time paragraph (2)
shall become operative.
   (d) Notwithstanding any other provision of law, no local child
support agency may enhance or expand a child support automation
system unless specifically authorized by the director, in writing,
after having made a finding that the enhancement or expansion costs
are necessary to maintain existing levels of service, accommodate
changes in state or federal law, or will result in increased
short-term program performance and is otherwise cost-effective.  The
director shall respond within 60 days to the request for
authorization.
10086.  If the state pays on behalf of a county child support
automation costs that are otherwise the responsibility of the county,
the state may recover these payments through billing the county or
offset of amounts from any state payments due to the county after
consulting with the county on the recovery methodology.
10087.  To the extent that funds are provided in the annual Budget
Act, the state shall pay all of the federal share of local child
support agency child support automation costs that are unfunded by
the federal government. The department shall establish the criteria
under which these costs shall be paid to each local child support
agency.  Criteria shall include, but are not limited to, the
following:  The local child support agency's compliance with the
requirements to enter into an AACA with the department; the local
child support agency's development, submission, and compliance with
its approved work plans; the local child support agency's action to
enter into an amended AACA when required by the department; and the
local child support agency's compliance with all of the provisions of
the AACA.
10088.  (a) If the federal government imposes a penalty on
California's child support program for failure to meet the federal
automation requirements, the penalty, for purposes of this chapter,
shall be considered a reduction of federal financial participation in
county and state administrative costs of the child support program,
and shall be allocated to each local child support agency in
proportion to its administrative costs.  In such a case, the
department may hold penalties in abeyance and supplant any dollar
reduction to county administrative funding, up to 100 percent of the
reduction, subject to the availability of funds in the annual Budget
Act.  The department and the Department of Finance shall establish
criteria under which the penalties may be held in abeyance to each
local child support agency.  Criteria for which these penalties may
be held in abeyance include, but are not limited to, the following:
The local child support agency has entered into an AACA with the
department; the local child support agency is meeting all due dates
in its work plan, including steps to resolve any Year 2000 problems;
the local child support agency has resolved any federal distribution
requirement problems; and the county is otherwise cooperating in its
current automation and AACA requirements and establishing the
California Child Support Automation System.
   (b) Any local child support agency that receives a reduction in
federal funding as a result of the imposition of a federal penalty
shall continue to comply with state and federal law and all
requirements of the state plan and plans of cooperation, including
the AACA.
   (c) This section shall become operative on July 1, 2004.
10090.  The department and the Franchise Tax Board shall provide, at
least twice annually, written or oral reports on the development and
implementation of the California Child Support Automation System to
interested persons and organizations, which shall include the
California State Association of Counties, the California Family
Support Council, members of the Legislature, and child support
advocacy groups.
10091.  (a) The department, in consultation with the Franchise Tax
Board, shall be responsible for establishing timelines for the
development and implementation of the California Child Support
Automation System.  The initial timeline shall address all
procurement activities through award of the contracts.  A second
timeline shall be established covering development and implementation
activities once the contract award has been made to the selected
vendors.  All timelines shall incorporate discrete development
milestones that are enforceable and provide reliable progress
indications.
   (b) The department and the Franchise Tax Board shall report
progress against the established timelines during the annual budget
hearing process.
10092.  (a) The department, in consultation with the Franchise Tax
Board, shall provide uniform statewide training at appropriate
intervals to best train state and local child support agency
employees on the use and application of the California Child Support
Automation System.
   (b) The department, in consultation with the Franchise Tax Board,
shall develop a training and reference manual to be disseminated to
all local child support agencies for employee use.
10093.  The provisions of this chapter are severable.  If any
provision of this chapter or its application is held invalid, that
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application.