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HomeMy WebLinkAbout37041 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No . 37D~^ AN ORDINANCE ESTABLISHING THE BUTTE COUNTY DEPARTMENT OF CHILD SUPPORT SERVICES PURSUANT TO STATE LAW Section 1. Findincrs. A. The Legislature, pursuant to a number of bills passed during the 1999 legislative session, has mandated that the collection of child support will be accomplished through a system overseen by the new State Department of Child Support Services (DOSS). B. Family Code Section 17304 requires that each county shall. establish a new County Department of Child Support Services before January 1, 2003. C. Family Code Section 17304 requires that county departments: of child support services shall be responsible far promptly and effectively establishing, modifying, and enforcing child support obligations, including medical support, enforcing spousal support ;orders established by a court of competent jurisdiction, and (determining paternity in the case of a child born out of wedlock. D. Family Code Section 1.7304 (f) requires that all staff of the local child support agency shall be employees of the county. E. Family Code Section 17304 requires that local child support agencies shall be separate and independent from any other county department. F. The Butte County District Attorney's Family Support Division is currently responsible for the collection of child support payments and all other related services specified by Family Code Section 1.7304. G. It will be necessary to transfer the responsibility for 1 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 1$ 19 20 21 22 23 24 25 26 27 28 collection of child support payments and all other related services specified by Family Code Section 1.7304 from the Butte County District Attorney's Family Support Division to the new Butte County Department of Child Support Services in order to comply with state law. H. It is the intent of this Board that the above referenced transition be accomplished smoothly and expeditiously in order to minimize the disruption of services provided and to capitalize on the expertise of existing employees. I. Pursuant to previous direction from this Board, the Butte County District Attorney's Office Family Support Division, in conjunction with the Administrative Office, the Auditor, the Personnel Department, the Welfare Department, the Ynformation Systems Department and the County Counsel's Office have been working cooperatively to insure that the transition from the collection of family support payments and all other related services specified by Family Code Section 17304 by the District Attorney's Office Family Support Division to the new Butte County Department of Child Support Services is accomplished smoothly and expeditiously, in order to minimize the disruption of services provided. J. It is the intent of this Board to transfer all assets and equipment from the District Attorney's Family Support Division to the new Butte County Department of Child Support Services. Section 2. The Board of Supervisors of the County of Butte ordains as follows: Article XXII is added to Chapter 2 of the Butte County Cade to 'I read as follows: "Article XX22. Department of Child Support Services 2 1~, 2' 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 2a 21 22 23 24 25 26 I' 27 28 Seotion 2-180. Department established. The Butte County; Department of Child Support Services is hereby established, effective July 1, 200.. Section 2-181. Transfer of responsibilities. Effective July 1, 2001, the Butte County Department of Child Support Services shall take over the responsibility of the Collection of child support payments and all other related services specified by Family Code Section 1730 from the Butte County District Attorney's Family Support Division. Section 2-182. Duties of department. From July 1, 2001 onward, the Butte County Department of Child Support Services shall be responsible for promptly and effectively establishing, modifying, and enforcing child support obligations, including medical support, enforcing spousal support orders established by a court of competent jurisdiction, and determining paternity in the case of a child born lout of wedlock." Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstances is for any reason held to be invalid by a court of competent jurisdictioxa., such provision shall be deemed severable, and the invalidity thereof shall not affect the remaining provisions or other applications of the Ordinance which can be given effect without the invalid provision or application thereof. Section 4. Effective Date and Publication. This Qrdinance shall take effect thirty (30) days after the date of its passage. The Clerk of the Board of Supervisors is authorized and directed to publish this ordinance before the expiration of fifteen (15} days after its passage. This Ordinance shall be published once, with the names of 3 1 2 3 4 5 6 8 9 10 11 12 13 14 1S 16 17 1$ 19 24 21 22 23 24 25 ~' 26 27 2$ the members of the Board of Supervisors voting for and against it, in the Chico Enterprise Record, a newspaper of general circulation published in the County of Butte, State of California. PASSED AND ADOPTED by the Board of Supervisors of the County of Butte, State of California, on the 27th day of March , 2001, by the following vote: AYES : Supervisazs Beeler, 17olan, Houx, Yamaguchi and Chair Joszassen NOES : None ABSENT : None NOT VOTING : None URT J SIASSEN, Chair of the utt ounty Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Chief Administrative Officer and Clerk o the Board B 4 g:\ordinanc\chilORD.wpd