Who’s going where? This is a great opportunity to let us know who is promoting and or joining your organization. These are their new positions.

Would you like to let us know who is moving and where? Send an email to Danielle Wermund to share in our next issue of OneVoice.

 

BUTTE
Jackie Nelson	Administrative Assistant Senior
Scott DeWitt	Child Support Specialist III
CENTRAL SIERRA
Joann Mendoza   15 years	Retired (CSS)
Michael Hawley-Jones	Retired
Myra Mercer    23 years	Retired (CSS)
KERN
Anabel Castellanos	Child Support Officer II
Angela Yates	Retired
Angelica Martinez	Supervising Customer Service Representative
Anna Vasquez	Senior Office Services Specialist
Antonio Vital	Child Support Officer II
Ashley Jordan	Child Support Customer Service Representative
Carmelina Ortega	Child Support Customer Service Representative
Catherine Avalos	Child Support Customer Service Representative
Christa McAuley	Child Support Officer II
Christina Beath	Child Support Officer II
Curtistine Hodges	Retired
Floricel Mondragon Arzate	Administrative Coordinator
Jennifer Romero	Child Support Customer Service Representative
Jill Phillips	Retired
Jocelyn Alvarez	Office Services Assistant
Jordan Wells	Child Support Customer Service Representative
Katherine Haas	Child Support Customer Service Representative
Kristen Sakamoto	Administrative Coordinator
Krystal Medina	Office Services Assistant
Lydia Camacho	Retired
Maria Cameron	Child Support Customer Service Representative
Maria Casas	Child Support Officer II
Maria Martinez	Office Services Technician
Pamela Sherman	Child Support Customer Service Representative
Prisma Blanco	Child Support Officer II
RaShonda Abbott	Child Support Officer II
Rosalinda Garcia	Child Support Customer Service Representative
Sandra Douglas	Retired
Sarah Ayala	Office Services Technician
Sonia Bell	Retired
Suzanne Rainbolt	Child Support Officer II
Tania Salinas	Child Support Officer II
Wanda James	Retired
William Shackleford	Systems Analyst I
Zaena Adams	Child Support Customer Service Representative
LOS ANGELES
Alexandro Becerra	Warehouse Worker II
Cynthia Conedy	Payroll Clerk I
Elizabeth Tyler	Retired
Jennifer Ng	Administrative Assistant III
Lazaro Reyes	Child Support Officer III
Nancy Estrada	Retired
Violeta Martinez	Administrative Services Manager I
Yvonne Ochoa	Supervising Child Support Officer
MERCED
Kristen Koury	Office Assistant I (new hire)
NORTH COAST
Diane Darrah	Staff Services Analyst (Promotion)
RIVERSIDE
Amber Davis	Child Support Specialist – Mod Team
Amita Naganand	Research Analyst – Business Intelligence
Brian Hocking	Deputy Director – Administration
Dania Lozano	Child Support Specialist – Indio
Erin Cole	OA-II Scan Team Riverside Office
Lakin Polk	OA-II – Scan Team Riverside Office
Maria Sanchez	Child Support Specialist – Indio
Megan Kirker	Child Support Specialist – Indio
Muhammad Syed	OA – II Judicial Support – Establishment Team
SAN BENITO
Ariana Ponce	Child Support Specialist I
SAN BERNARDINO
Danaya Thomas	Child Support Officer I
Deidra Gager	Child Support Officer I (Retired)
Heidy Toledo-Perez	Child Support Officer Trainee
Melanie Moon	Child Support Officer Trainee
Robert McCullah	Child Support Officer I (Retired)
Rudy Gasca	Child Support Officer I
Sarafina Chimienti	Child Support Attorney I
SAN MATEO
Alexis Sosa	Lead Child Support Analyst
Alina Amezcua	Child Support Analyst
Enrique Lopez Jr.	Child Support Customer Service Specialist
Haley Biesemeier	Child Support Analyst
Janelle Arde	Child Support Analyst
Jessica Carlos	Child Support Analyst
John Cowart	Child Support Investigator
Jose Escalon	Child Support Analyst
Patricia Vega	Child Support Analyst
Victoria Zertuche	Child Support Analyst
SANTA BARBARA
Mette Richardson	Assistant Director
SANTA CRUZ
Anna Rizzo	Staff Development Trainer
SHASTA
Sunday Russell	Supervising Child Support Specialist (Promotion)
SOLANO
Jennifer Carrow	Child Support Specialist
Sonny Garcia	Child Support Specialist
STANISLAUS
Jessica Estrada	Admin Clerk II
JoAnn Sarhad	HR Manager III (Retired)
Lorenzo Sanchez	CSO II
Michelle Orozco	CSO I
Nicholas Thomasson	CSO I
Rebecca Schafer	Account Clerk III
Veronica Hernandez	HR Manager III
VENTURA
Colleen Gladden	Customer Service Rep I/II

Phyllis P. Nance, 2019 CSDA President and Director, Alameda County DCSS

I can’t believe it is March 2019. I have been your President for two months now, and what a busy two months it has been! For the first time in recent history, the Governor’s proposed budget included increased funding for our program. We saw a notable increase in proposed child support legislation, and we are planning our first ever Legislative Day at the Capital. Last year, former President Don Semon described 2018 as a “defining moment” for child support.  While Don had great vision, I don’t believe even he could have imagined the astonishing progress our program and Association would make in just one year!

After 28 years of experience in the child support program, I truly believe that our program is important and necessary. The work that child support professionals accomplish daily makes a difference for the families we serve. I also recognize the power of a collective voice. That power was evident this past year as we advanced our message of adequate funding for our program. The journey of last year’s effort, and the lessons we learned along the way, made clear both the impact and the importance of a cohesive Association.

We are in the perfect position as an Association to build a coalition of stakeholders to advocate for the child support program. With additional funding for our program outlined in the Governor’s 2019-2020 budget, we now have a platform to educate the Legislature about the important work we do to help children and families. My goals for this year are to continue the work of building our Association’s influence, increase our advocacy, and make our collective voice stronger.

These next few months are going to require a concerted and collaborative effort. I recognize this will be a challenging yet rewarding endeavor. We need full engagement of our members, increased knowledge of our role, the trust and support of the Board, and space to discuss diverse opinions.  Our committees will need to coordinate the work of reviewing, researching, communicating, and making recommendations on proposed legislation. We will educate our stakeholders on the child support program and use our advocacy voice to encourage support for the Governor’s budget.

As your President, I am committed to ensuring that the CSDA Board is engaged, knowledgeable, ethical, accountable, and transparent in our actions. I am also committed to building the capacity of our membership, creating opportunities and a safe space for all voices to be heard.

I am excited about serving as the 2019 CSDA President. I am honored to have Baljit Atwal as our Vice President and Natalie Dillon acting again in the Past President role. I am grateful for the leadership legacy of Don Semon and the hard work of the CSDA Board, our Executive Director, the staff, and our membership.

I believe as an Association, we can define this moment for ourselves. Our membership represents the diversity of the California landscape, and our different county perspectives are valuable. We are talented, passionate, and visionary leaders.  We are the experts in delivering child support services. I look forward to collaborating with you all and uniting as one voice to promote the child support program to transform the lives of children.

Governor Gavin Newsom has appointed Mark Ghaly, a pediatrician and the director of Health and Social Impact for Los Angeles County as Secretary, California Health and Human Services Agency. Ghaly brings a deep knowledge and understanding of how individual and community health outcomes intersect with policy and law on issues like whole-person care, mental health and stage of life care. Ghaly served as the medical director for the Southeast Health Center, a San Francisco Department of Public Health clinic from 2006 to 2011 and earned a Doctor of Medicine degree from Harvard Medical School and a Master of Public Health degree in health policy from the Harvard School of Public Health. This position requires Senate confirmation and the compensation is $209,943. Ghaly is a Democrat.

Governor Newsome has also reappointed Michelle Baass as the CHHS Undersecretary. Baass was first appointed to the position by the former Governor Brown and confirmed by the California State Senate in 2018. She previously held positions as a senior fiscal and policy analyst at the California Legislative Analyst’s Office from 2004 to 2008 and as a manager and consultant for Accenture from 1996 to 2004. Baass earned a Master of Public Policy and Administration degree from California State University, Sacramento. The compensation for this position is $183,084. Baass is a Democrat.

Governor Newsom Appoints Pediatrician and Renowned Public Health Expert to Lead Health and Human Services Agency

Phyllis P. Nance, 2019 CSDA President and Director, Alameda County DCSS

As we continue our spotlight on this year’s CSDA non-profit charity recipient, DreamCatcher Youth Services, we focus on girls under the age of 18 escaping commercial sexual exploitation. DreamCatcher at Nika’s Place is a refuge for homeless youth who are statistically more at risk of homelessness than adults, and more likely to be engaged in high-risk behaviors such as survival sex and prostitution.

According to the National Conference of State Legislature (NCSL), more than 80% of all sexually exploited youth were homeless at the time their exploiter found them. Studies on youth homelessness show that within 72 hours of living on the streets, one-third of all girls will have already been found by an exploiter. Another one-third will have already engaged in transactional exploitive sex to survive. (1)

This is where Nika’s Place comes in. The drop-in program works to reach homeless girls in that short window of time to interrupt the cycle of trauma and abuse. Providing a “vital continuum of care” for nearly two decades, DreamCatcher understands the interconnections of issues homeless teens face, and works to solve the significant social problems of youth homelessness and human trafficking.

Nika’s Place was the brain child of deceased DreamCatcher Director Nika St. Claire who died in a car accident one year before renovations began. Nika was a leader in advocacy for Commercially Sexually Exploited Children and Foster Youth. Today, Nika’s place is fully licensed and operational.  According to Ami Rowland of Covenant House, “Beds are ready, rooms are decorated, and welcome baskets are waiting for the young girls who need a safe place to heal.”  (2)

While we have partnered with DreamCatcher to benefit vulnerable youth who are already in crisis, the ultimate goal of our daily, dedicated efforts at DCSS is to increase the well-being of children. Our sustained actions on behalf of families, whether in obtaining or enforcing court orders for child support and medical coverage, has a direct impact in reducing child poverty and homelessness. We firmly believe, and data demonstrates, that every child is entitled to the support of both parents, which can increase family self-sufficiency.

Studies show that a percentage of homeless youth come from single parent families experiencing extreme financial hardship. In these cases, the entire family may be unhoused, and older children often leave or are pushed out, due to shelter and child welfare policies, or in an attempt to alleviate the burden on the rest of the family unit. (1)

We know that housing prices in our state have exploded in recent years. National figures rank California as the second highest housing market in the U.S. According to the Census, median monthly gross residential rent in California was $1,358 from 2013-2017.  Other sources, including Apartmentlist.com, cite California median rent prices closer to $1,700 for a 1-bedroom apartment. (3)

According to the Department of Social Services, the current maximum CalWORKs grant for a family of three is $704, but all eligible families do not receive this amount. (4) Minimum wage in California is $11/hour for smaller employers, with some localities such as San Francisco and Los Angeles paying $3 – 4 above that rate. (5)

The disconnect is clear. Many single parent families, whether working low wage paying jobs or receiving government assistance, will not make enough to afford housing in California. Poor families use multiple strategies to survive, but consistent child support payments not only increase family budget, they provide additional income to help single parents find reliable child care and transportation to obtain and retain employment. (6)

Please join us in our fundraising efforts, now through May 2019. Your generous donations and continued support will help DreamCatcher increase their service capacity and remain a “safe landing” for homeless and trafficked at-risk youth.

Sources

1. http://www.ncsl.org/research/human-services/homeless-and-runaway-youth.aspx
2. https://covenanthousecalifornia.org/wpcontent/uploads/2019/02/CovenantHouseCA_Newsletter_Winter2019.pdf
3. https://www.census.gov/quickfacts/fact/table/ca/HSG860217
4. http://www.alamedasocialservices.org/public/services/financial_assistance/calWorks_eligibility.cfm
5. https://www.dir.ca.gov/dlse/FAQ_MinimumWage.htm
6. https://www.acf.hhs.gov/sites/default/files/programs/css/sbtn_csp_is_a_good_investment.pdf

 

“Building a Future for Families by Transforming Services”

We have an exciting lineup of talented and thoughtful speakers guiding us to explore future trends, share current research, and explain new policy decisions impacting the future of delivering service in California. We welcome the acclaimed futurist Mary O’Hara-Devereaux, who will illuminate the changing landscape of work, family, and society. Using data and analytics, she creates informational forecasts, so leaders are able to make smarter, long-term decisions. Heather Hahn, a researcher at the Urban Institute, will discuss ways to support low-income families through the application of three core principles of mobility: economic success, power and autonomy, and being valued in community.

Because the workforce is dramatically changing, families we serve struggle to adapt to meet these new challenges. We will learn about opportunities as well as barriers for our future workforce from Amar Mann of the US Bureau of Labor Statistics, along with Ashley Anglesey and Sandra Hamameh from the California Workforce Development Board. Our State DCSS Director, David Kilgore, will share his all-encompassing vision for the future of the child support program.

To wrap up the day, we’re honored to host Senator Holly Mitchell, who will inspire us into action. She will discuss the next steps in transforming the lives of children and how we can be an integral aspect of the solution.

We look forward to seeing all those attending and presenting Wednesday, March 13, at the Hilton Arden West in Sacramento for a lively day of exploration, discussion, and policy recommendations.

Chair, Jamie Murray, Director, Santa Cruz/San Benito Regional DCSS

“Lifting Families Out of Poverty”

By Marie Girulat, Director, San Bernardino County DCSS

This year the National Child Support Enforcement Association (NCSEA) held its annual Policy Forum once again in the nation’s capital, Washington DC, February 7-9, 2019. The theme for this year’s conference “Lifting Families out of Poverty” resonated throughout each of the plenary sessions and workshops. Over 500 representatives from around the country and the international and tribal child support communities gathered to discuss how we can continue to shape the conversation about child support as an anti-poverty program.

OCSE Commissioner Scott Lekan, kicked off the first plenary of the forum with thought provoking questions on how we may do things better. He suggested that perhaps we could do things differently than we have done before to strive to obtain reliable support payments for families. He asked questions to spark thoughts such as “Could current support be emphasized more or differently? Should we be a means-tested program? and “Should we refocus on our historical purpose: Focus on those who are in poverty”.

Workshops throughout the conference expanded on the theme. One workshop asked, are performance measures incentivizing us correctly? Should there be new or different performance measures such as medical support, total government savings, or customer service performance measures to help the program reach the goal of lifting families out of poverty and give them a better future?

From the federal level, Health and Human Services Administration for Children and Families Assistant Secretary Lynn Johnson, spoke to the group about the importance being placed at the federal level on cross agency collaboration. She spoke of the federal effort Re-Imagine HHS where the goal is to put the person at the center and value human beings at all points. The Assistant Secretary asked the assembled group to query whether or not our customers whom we share with SNAP, Child Welfare and Child Care (among others) could benefit from a single case manager approach or at least a case liaison who helps them navigate the various agencies. Ms. Johnson’s inspiring message of “the more we can raise people up and out of poverty…let’s do it” resonated with the assembled group who work daily to lift families out of poverty.

The conference continued with sessions emphasizing statistics and data that help paint the picture of poverty and its relation to child support. Only 50% of people born in 1980 earn more than their parents, the median income of single mother families is $27,000, in 2017 one million people were lifted out of poverty due to child support received while 200,000 went in to poverty due to child support paid. Particular emphasis was placed on the fact that child support is the most cost-effective program in lifting kids out of poverty. This data will surely be used as policy around poverty and child support continues to be shaped.

As an attendee of the 2019 Policy Forum, I know that I walked away with many questions to think about, a variety of new ideas, and most importantly thought-provoking information that I will take back to my agency to ask how can we make a difference? How can we continue to move the child support program forward? As the child support community, with a deeper understanding of the interrelation of poverty and child support, how can we make policy and, in some instances, legislative changes that support the vision of the program, but more importantly support the families that we are committed to serve?

Home

Director of Child Support Services, County of San Luis Obispo.

I am very excited to be the new Director of Child Support Services in San Luis Obispo County.

I grew up in Canada the eldest of three children and immigrated to the United States right before I started high school. The transition was difficult at first, but I quickly adapted to the warm weather, beaches, and all the outdoor activities California has to offer. I began my career in public service in San Mateo County after graduating from San Francisco State University with a Bachelor of Social Work degree. The county wasn’t hiring social workers at that time, so I applied to be an Eligibility Worker. I started in February 1990 and a few years later found my way to the Child Welfare side of the department as a Management Analyst. Several years later I moved over to the Health Agency as a Financial Manager and left San Mateo in 2001 to relocate to the beautiful Central Coast.

In 2002, I started on the ground floor again as an Employment Resource Specialist I in the Department of Social Services and spent the next 10 years working in various positions such as a Program Manager and eventually became the Human Resources Manager. I jumped at the opportunity to start the county’s first leadership training program and spent two years building and refining the program. In 2016, I became the Deputy Director of Human Resources for the county and had no plans to ever leave! Several months ago, I was asked to be the Interim Director of Child Support Services, and to my great surprise I hadn’t realized how much I truly missed the client focused, community-based aspect of the work we do. I quickly became excited at the thought of being part of a participant service focused department again and decided to go for the Director position. I am honored by the faith the county has bestowed in me and look forward to great changes and many happy years in the department.

On a personal note, I have three children, two boys and one girl, two dogs, one cat, one rabbit (and a husband who brings me coffee in bed every morning). Our sons are 26 and 22. The oldest is a Federal Law Clerk, our middle son is graduating from Cal Poly with a degree in Economics this June, and our daughter is 15 and enjoying learning how to drive. We are avid sports fans and have loved watching our children compete in high school and club sports over the years. I am not sure we will be good empty-nesters and although I hope we are years away, I hear being a grandparent is really where it is at!

It was early morning on a cold December day that I came into this world. The youngest of four brothers, sons of my father Roman and mother Marge, themselves from Arizona (Globe and Miami), their parents from Jalisco and Guadalajara Mexico. We grew up on the “other side of the tracks” in a small home built by my father and his half-brother Isaac. We lived modestly and attended Church regularly (I was an altar boy). My father drove a truck and worked as a warehouseman; my mom raised and cared for her four boys.

At a young age we moved to a new home near a grammar school, walking distance to the local high schools. At the time we were the only Mexicans in the neighborhood, but no one cared or noticed. My father bought a bar and my mom became a noon supervisor at my grammar school and as time went on, the de-facto interpreter at the grammar school. Across the street lived my two best childhood friends—we played endlessly in the neighborhood roaming far and wide through fields and creeks, backyards and sleepovers.

I spent my teeny-bopper and teen years between both high schools. Freshman and sophomore years at East Campus, junior and senior years at North Campus. By my sophomore year, my brothers were serving in Vietnam. My oldest brother Dennis was a Corpsman, Tom a Deck Captain, and Roman a Deck Ape—all U.S. Navy. Two were drafted, one had a choice to enlist or, well you know… My father served in the U.S. Army as a Tech Sgt. He worked on cutting edge tech at the time: RADAR. To this day I have his handwritten notebook, each page stamped Top Secret. My draft lotto number was 255… but it was not meant to be.

It was the ’70s. Friday night football, homecoming, prom, crusin’, keggers, rock ‘n’ roll (real rock ‘n’ roll), and a riot closing the high school for three days. In those times, at my high school you were Chicano or Jock or Aggie or Hippie or Afro-American, and forces converged on a fateful Wednesday morning I will always remember. Cake cutters, chains, belts, pipes, bats…When school reopened police were on campus and may be to this day.

I grokked the road ahead as I sat in that field listening to the valedictorian, so I embarked upon education to escape. After two years at the local JC and dispensing with their counselors, I made my way to UC Berkeley. WOW what a culture change. People’s Park, Telegraph, co-ed dorm, Grateful Dead, and meeting up with a group of guys I still see today—one of whom played keyboard in the nefarious band Microwave Kitten! We rocked the Frats causing Boalt Hall to ask us to knock it off.

Needing a break, I moved to Chico. Built fences, met up with buds from High School, and generally decompressed. Moving back home I worked a number of retail jobs, got a certificate of paralegal, and pursued dissolutions and enforcement of judgement and debt.

My dad had fallen ill and could no longer work his bar, so he sold it to me for a dollar. JC’s Tavern, like my father’s (Ro’s Tavern), was a working man’s bar—no hard liquor, beer and wine only (in my hometown Mexican bars then did not get licenses to sell hard liquor). We catered to laborers and a lot of Mexicans, or as my buddy Frank Gonzales called them: “across the river Mexicans.” Pool table, pool team, and jukebox with half rock and country and the other half Rancheras, Cumbias and Mariachi. Menudo on Sundays, dollar “tall boys,” and draft beers of course. I recall tending one Saturday afternoon when a stranger came in with a tape measure and measuring wheel. We struck up some conversation only to discover the landlord was going to sell, so I closed up the following December with a party (free beer after 6pm) allowing customers to take whatever they wanted be it tables, chairs, bar stools, bar lights. Come the following New Year, I was looking for my next stage…a Jack in the Box now occupies the corner of 13th and V.

Opportunity and good pay were slim, but a boldface ad in the help wanted got my attention: $9.95 per hour was good so I applied. Go figure, they hired me and so began my child support career—even met my wife there though she demanded we keep our relationship secret.

Nepotism effectively blocked advancement (my wife became the Assistant Director); opportunity again raised its head in the form of Assistant Director. I interviewed and go figure, San Joaquin gave me a job. But life is not all roses. Staring out my window at the legal staff, my phone rang. I had never heard of ECSS, but they were needing people and I was looking for a change. I did my stint, broke my neck, my wife was appointed by Governor “I’ll be back” Schwarzenegger to be a Regional Assistant, moved to Shingle Springs, got a job in DCSS Employer Services unit, and lo and behold I was confidentially told I would never advance because, well you figure it out…

Every day is a new story, just turn the page and you’ll see, and lo and behold opportunity knocked in the form of a Director. I interviewed and they hired me. I moved to Marysville, got 5 acres, two dogs, chickens, and of course the wife. Indeed, what a long strange trip it’s been, but as Jerry sang, I will survive, and am thankful every day for the blessings of life and love.

I recently bought a banjo and someday I will be old and in the way with a touch of gray. Then I will sit with good friends to play Friend of the Devil, gather at the Cabin to recall the good ol’ days, and make the annual trek to Cal’s opening day games with my Berzerkley buds.

There is much left unsaid: a night in jail, run in with a D.A., Humboldt, music, seminary, lost in Lassen…so much that makes up living. No regrets…well maybe two: After graduation Paul and I never made that road trip in my VW van to British Columbia and T.G.C. (three-man acoustic electric jam band) broke up, but as we all know life takes its own path, we just try to enjoy the ride. Besides the wife and I have THOR and are looking forward to many road trips. Next January we will be 25 years married—that’s the longest I have done anything! And certainly, the best trip ever taken.

Well, my glass is empty, the sun is setting, and I can hear the doves calling to each other from outside the screen door. I read doves mate for life; I have found mine.

By Greg Wilson, Executive Director, Child Support Directors Association

Several California Legislators have introduced bills of interest to the child support program. The 2019 individual legislator deadline to introduce bills was February 22 and so any new bills beyond those listed here will have to be introduced by a committee or result from a gut-and-amend of an existing bill. CSDA’s Legislative Advocacy Committee is tracking these bills and will be developing positions statements.

Senate bills in order of bill number:

• SB73 (Michell)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB73

This is the Senate version of the 2019-2020 states budget bill, which includes an additional $56.5 million for local child support administration

• SB337 (Skinner)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB337

This bill seeks to require all child support collected in a month be paid to the recipient of CalWORKS aid and would prohibit $200 of the payment from being considered income or resources of the recipient family or being deducted from the amount of aid to which the family would otherwise be eligible. This bill would also, to the extent permitted under federal law, exclude from the definition of “child support delinquency” an arrearage or otherwise past due amount that the local child support agency or department determines was established in error or has determined to be uncollectible.

Assembly bills in order of bill number:

• AB190 (Ting)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB190

This is the Assembly version of the 2019-2020 states budget bill, which includes an additional $56.5 million for local child support administration

• AB227 (Jones-Sawyer)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB227

Adds an additional restitution fine in addition to the existing restitution to the victim of a crime if they have the ability to pay it. Funds confiscated at the time of the defendant’s arrest, except for exempt funds, which includes spousal or child support, can be used for the restitution.  This bill may put child support collection efforts in a priority place after the regular and additional restitution fines are paid.

• AB593 (Carrillo)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB593

Adds city and county departments or agencies that administer public workforce development programs access to unemployment insurance benefit information to evaluate, research, or forecast the effectiveness of their programs when directly connected with those programs.  This may be important to us as we develop our partnership with the various workforce development

• AB785 (Bloom)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB785

Makes technical, nonsubstantive changes to FC § 7558.

• AB991 (Gallagher)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB991

A “maintenance of codes” bill, this makes several minor changes to a variety of code sections including FC § 17705, which is the Association’s Phase II language from last year’s local funding budget effort. The bill makes a very minor change to the word “level” to make it plural.

• AB1091 (Jones-Sawyer)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1091

This bill removes the sunset provision of Family Code § 4007.5, introduces a new reporting requirement for recommendations on improvements to data sharing agreements related to the section, and introduces a post-release grace period during which the order would stay suspended until “the person [commences] employment or the first month the person is in receipt of unearned income, whichever is first.”

• AB1092 (Jones-Sawyer)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1092

Adds FC § 17500(e) “If child support is assigned to the county, the department or local child support agency shall not charge interest on the principal amount owed at a rate higher than the rate required by federal law.” This bill also amends FC § 4004 changing the language “intends to apply” to “currently applying” in reference to the requirement that parties disclose public assistance.

• AB1498 (Wilk)

http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB1498

This bill would require DCSS to create an internet website by January 1, 2021, to publicly publish information regarding persons who are delinquent in the payment of court-ordered child support. The information would include the obligor’s name, photograph, and the amount of child support owed and follow certain conditions.

By Colin Anderson, Lead Attorney, Yolo County DCSS

A very interesting case was recently decided by the California Supreme Court this summer that may have significant impacts on IV-D courts throughout the state. The case is Jameson v Desta (2018) 5 Cal.5th 594. Jameson involves an incarcerated indigent litigant who attempted over the course of a decade to successfully bring a medical malpractice action regarding his medical care provided through a physician assigned to the prison. Ultimately, plaintiff’s case was finally set for trial. During a pre-trial proceeding held 10 days prior to trial, plaintiff was told that the court would not provide a court reporter and that if he wanted one, he would have to pay for it. The trial proceeded with neither party paying for a court reporter and thus no record of the proceedings was captured. The trial court granted non-suit in favor of defendant psychiatrist after opening statements, and this ruling was upheld on appeal. The California Supreme Court granted review to the Plaintiff/Appellant to determine if the trial court’s refusal to provide an indigent litigant access to a court reporter was also a denial of equal access to justice, in violation of existing law. This quote from Jameson gives you some insight where the Court was coming from, “…an official court reporter, or other valid means to create an official verbatim record for purposes of appeal, must generally be made available to in forma pauperis litigants upon request.” So what does this mean? The Court held that the Superior Court has to make available a court reporter, if it is requested, for all indigent litigants at no cost. Interestingly the Court appears to be silent on who would pay for the transcript of the proceedings when an indigent litigant requested it. The California Supreme Court, while recognizing the impact of budget limitations faced by California courts, determined that the importance of preserving equal access to justice through the courts outweighs budgetary constraints. In my opinion, the Court realized that its ruling would create a burden on Superior Courts throughout California, but it balanced the burden it was placing on the courts with an acknowledgment that access to justice for indigent litigants is paramount. This quote from Jameson furthers this notion, “Without an exception for fee waiver recipients, the policy at issue here places indigent civil litigants at a significant disadvantage with respect to the rights of appeal compared to those litigants who can afford to pay for a private shorthand reporter.”  (Jameson, . at 622-623).

Notice earlier, I was referring to court reporters, but the quote also addresses “…other valid means to create an official verbatim record…” The Court in my mind is referring to allowing the courts to utilize technology to electronically record proceedings rather than paying a shorthand reporter to be present and taking down every word and then later providing a transcript. This would be a legislative issue/fix as of now it is statutorily required that a court reporter is the only option for courts to record the court proceedings. (Exception: The statutes do allow under limited circumstances electronic taping in some cases.)

One big issue that Jameson raises is how far-reaching is this ruling. If indigent litigants are entitled to a court reporter, could this ultimately be extended to indigent litigants being entitled to an attorney free of charge in civil cases?  The same access to justice arguments put forth in Jameson would seem to further that position. It is unknown if it could go that far but it is pretty interesting to consider.

So where do we go from here? Will the courts raise its fees to pay for additional court reporters? Will the courts charge the non-indigent litigant (such as those similarly situated to Dr. Desta in the Jameson case) for the court reporter? Can legislation be sponsored that would allow the courts to digitally record all civil court proceedings? To attempt to tackle these questions and more, the CSDA’s Legal Practices Committee has formed a task force to evaluate this issue and identify potential solutions and recommendations that could be put forth on behalf of all LCSAs in California.