AB 566

This bill makes the following changes to the laws related to children:

1. Under current law, a court may order child support, legal custody, and

periods of physical placement on the basis of a statement acknowledging paternity

that is signed by both parents and filed with the state registrar. Since January 1,

2007, a minor has been prohibited from signing a statement acknowledging

paternity. Current law, however, still contains references to minors signing

statements acknowledging paternity, such as requiring a court to appoint a guardian

ad litem for a minor party who signed a statement acknowledging paternity in an

action based on the statement and authorizing the state registrar to insert the

father's name on a child's birth certificate on the basis of a statement acknowledging

paternity that is signed by a minor parent as long as the minor parent's parent or

legal guardian signs, too. The bill harmonizes the prohibition against a minor parent

signing a statement acknowledging paternity with 1) the statutes related to

requirements for when the state registrar may change facts on birth certificates, 2)

the statute related to requirements for rescinding a statement acknowledging

paternity that has been filed with the state registrar, and 3) the statute that requires

the court to appoint a guardian ad litem for a minor who signs a statement

acknowledging paternity.

2. Under current law, a personal representative for a deceased respondent in

a paternity action may appear for the respondent whenever an appearance is

required. If the deceased respondent does not have a personal representative, the

court may appoint a guardian ad litem, and the guardian ad litem may appear for

the deceased respondent. Current law requires that the summons and petition in the

paternity action be served on both the personal representative and the guardian ad

litem of a deceased respondent. The bill changes the "and" to an "or." Since the court

appoints a guardian ad litem only if there is no personal representative, a deceased

respondent in a paternity action would not have both a personal representative and

a guardian ad litem. The bill also corrects an incorrect cross-reference to the

provision relating to service of the summons and petition.

3. Under current law, the form for a summons in a paternity action provides

notice that interfering with the custody of a child, which is a Class I felony, is

punishable by imprisonment for up to five years. A Class I felony actually is

punishable under current law by imprisonment for up to three years and six months.

The bill corrects the maximum length of time for imprisonment for interfering with

the custody of a child that is stated in the form for a paternity action summons.

4. Under current law, if a person who has been ordered by a court to pay child

support (obligor) is delinquent in the payments, the amount of the delinquency

becomes a lien in favor of the Department of Children and Families (DCF). To enforce

the lien, DCF may levy against one or more accounts that the obligor has at a

financial institution by sending a notice of levy to the financial institution