Bill Text: CA AB1843 | 2013-2014 | Regular Session | Chaptered
Bill Title: Child custody evaluations: confidentiality.
Spectrum: Bipartisan Bill
Status: (Passed) 2014-08-25 - Chaptered by Secretary of State - Chapter 283, Statutes of 2014. [AB1843 Detail]
Download: California-2013-AB1843-Chaptered.html
BILL NUMBER: AB 1843 CHAPTERED
BILL TEXT
CHAPTER 283
FILED WITH SECRETARY OF STATE AUGUST 25, 2014
APPROVED BY GOVERNOR AUGUST 25, 2014
PASSED THE SENATE AUGUST 7, 2014
PASSED THE ASSEMBLY AUGUST 11, 2014
AMENDED IN SENATE JULY 1, 2014
AMENDED IN SENATE JUNE 9, 2014
AMENDED IN ASSEMBLY MARCH 28, 2014
INTRODUCED BY Assembly Members Jones and Gordon
FEBRUARY 18, 2014
An act to amend Section 129 of the Business and Professions Code,
and to amend Sections 3025.5 and 3111 of the Family Code, relating to
child custody.
LEGISLATIVE COUNSEL'S DIGEST
AB 1843, Jones. Child custody evaluations: confidentiality.
(1) Existing law authorizes a court, in any contested child
custody or visitation rights proceeding, to appoint a child custody
evaluator to conduct a child custody evaluation, as specified, if the
court determines it is in the best interests of the child. Existing
law requires the child custody evaluator, if directed by the court,
to file a written confidential report on his or her evaluation at
least 10 days before any hearing regarding the custody of the child
with the clerk of the court, as specified. Existing law requires this
report to be served on the parties or their attorneys, and any other
counsel appointed for the child. Existing law otherwise prohibits
the disclosure of the report, except in certain probate guardianship
proceedings, as specified.
Existing law requires the information from a report containing
psychological evaluations of a child or recommendations regarding
custody or visitation submitted to the court in any proceeding
involving child custody or visitation rights to be contained in a
document that is to be placed in the confidential portion of the
court file. Existing law applies this requirement to, among other
things, the written confidential report described above, child
custody or visitation recommendations made to the court pursuant to
mediation proceedings, and a written statement of issues and
contentions put forth by a child's appointed counsel. Existing law
prohibits these reports and recommendations from being disclosed,
except to specified persons, including, among others, a party to the
proceeding or his or her attorney, a federal or state law enforcement
officer, a court employee acting within the scope of his or her
duties, a child's appointed counsel, or any other person upon order
of the court for good cause.
This bill would additionally authorize the disclosure of this
confidential information to the licensing entity of a child custody
evaluator and would prescribe the manner in which the licensing
entity is authorized to use the confidential information disclosed to
it, as specified.
This bill would make a clarifying change to authorize the
disclosure of a child custody evaluator's written confidential report
pursuant to the provisions described above. The bill would delete an
obsolete provision relating to the written statement of issues and
contentions put forth by a child's appointed counsel.
(2) Existing law requires a board, as defined, within the
Department of Consumer Affairs, upon receipt of any complaint
respecting a licensee, to notify the complainant of the initial and
final action taken on his or her complaint, as specified. Existing
law requires the board, when it deems appropriate, to notify the
person against whom the complaint is made of the nature of the
complaint and authorizes the board to request appropriate relief for
the complainant and to meet and confer with the complainant and the
licensee in order to mediate the complaint.
This bill would, notwithstanding any other law, require the board,
upon receipt of a child custody evaluation report, as specified, to
notify the noncomplaining party in the underlying child custody
dispute, who is a subject of that report, of the pending
investigation.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 129 of the Business and Professions Code is
amended to read:
129. (a) As used in this section, "board" means every board,
bureau, commission, committee, and similarly constituted agency in
the department that issues licenses.
(b) Each board shall, upon receipt of any complaint respecting an
individual licensed by the board, notify the complainant of the
initial administrative action taken on his or her complaint within 10
days of receipt. Each board shall notify the complainant of the
final action taken on his or her complaint. There shall be a
notification made in every case in which the complainant is known. If
the complaint is not within the jurisdiction of the board or if the
board is unable to dispose satisfactorily of the complaint, the board
shall transmit the complaint together with any evidence or
information it has concerning the complaint to the agency, public or
private, whose authority in the opinion of the board will provide the
most effective means to secure the relief sought. The board shall
notify the complainant of this action and of any other means that may
be available to the complainant to secure relief.
(c) The board shall, when the board deems it appropriate, notify
the person against whom the complaint is made of the nature of the
complaint, may request appropriate relief for the complainant, and
may meet and confer with the complainant and the licensee in order to
mediate the complaint. Nothing in this subdivision shall be
construed as authorizing or requiring any board to set or to modify
any fee charged by a licensee.
(d) It shall be the continuing duty of the board to ascertain
patterns of complaints and to report on all actions taken with
respect to those patterns of complaints to the director and to the
Legislature at least once per year. The board shall evaluate those
complaints dismissed for lack of jurisdiction or no violation and
recommend to the director and to the Legislature at least once per
year the statutory changes it deems necessary to implement the board'
s functions and responsibilities under this section.
(e) It shall be the continuing duty of the board to take whatever
action it deems necessary, with the approval of the director, to
inform the public of its functions under this section.
(f) Notwithstanding any other law, upon receipt of a child custody
evaluation report submitted to a court pursuant to Chapter 6
(commencing with Section 3110) of Part 2 of Division 8 of the Family
Code, the board shall notify the noncomplaining party in the
underlying custody dispute, who is a subject of that report, of the
pending investigation.
SEC. 2. Section 3025.5 of the Family Code is amended to read:
3025.5. (a) In a proceeding involving child custody or visitation
rights, if a report containing psychological evaluations of a child
or recommendations regarding custody of, or visitation with, a child
is submitted to the court, including, but not limited to, a report
created pursuant to Chapter 6 (commencing with Section 3110) of this
part and a recommendation made to the court pursuant to Section 3183,
that information shall be contained in a document that shall be
placed in the confidential portion of the court file of the
proceeding, and may not be disclosed, except to the following
persons:
(1) A party to the proceeding and his or her attorney.
(2) A federal or state law enforcement officer, the licensing
entity of a child custody evaluator, a judicial officer, court
employee, or family court facilitator of the superior court of the
county in which the action was filed, or an employee or agent of that
facilitator, acting within the scope of his or her duties.
(3) Counsel appointed for the child pursuant to Section 3150.
(4) Any other person upon order of the court for good cause.
(b) Confidential information contained in a report prepared
pursuant to Section 3111 that is disclosed to the licensing entity of
a child custody evaluator pursuant to subdivision (a) shall remain
confidential and shall only be used for purposes of investigating
allegations of unprofessional conduct by the child custody evaluator,
or in a criminal, civil, or administrative proceeding involving the
child custody evaluator. All confidential information, including, but
not limited to, the identity of any minors, shall retain their
confidential nature in any criminal, civil, or administrative
proceeding resulting from the investigation of unprofessional conduct
and shall be sealed at the conclusion of the proceeding and shall
not subsequently be released. Names that are confidential shall be
listed in attachments separate from the general pleadings. If the
confidential information does not result in a criminal, civil, or
administrative proceeding, it shall be sealed after the licensing
entity decides that no further action will be taken in the matter of
suspected licensing violations.
SEC. 3. Section 3111 of the Family Code is amended to read:
3111. (a) In any contested proceeding involving child custody or
visitation rights, the court may appoint a child custody evaluator to
conduct a child custody evaluation in cases where the court
determines it is in the best interests of the child. The child
custody evaluation shall be conducted in accordance with the
standards adopted by the Judicial Council pursuant to Section 3117,
and all other standards adopted by the Judicial Council regarding
child custody evaluations. If directed by the court, the
court-appointed child custody evaluator shall file a written
confidential report on his or her evaluation. At least 10 days before
any hearing regarding custody of the child, the report shall be
filed with the clerk of the court in which the custody hearing will
be conducted and served on the parties or their attorneys, and any
other counsel appointed for the child pursuant to Section 3150. The
report may be considered by the court.
(b) The report shall not be made available other than as provided
in subdivision (a) or Section 3025.5, or as described in Section 204
of the Welfare and Institutions Code or Section 1514.5 of the Probate
Code. Any information obtained from access to a juvenile court case
file, as defined in subdivision (e) of Section 827 of the Welfare and
Institutions Code, is confidential and shall only be disseminated as
provided by paragraph (4) of subdivision (a) of Section 827 of the
Welfare and Institutions Code.
(c) The report may be received in evidence on stipulation of all
interested parties and is competent evidence as to all matters
contained in the report.
(d) If the court determines that an unwarranted disclosure of a
written confidential report has been made, the court may impose a
monetary sanction against the disclosing party. The sanction shall be
in an amount sufficient to deter repetition of the conduct, and may
include reasonable attorney's fees, costs incurred, or both, unless
the court finds that the disclosing party acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust. The court shall not impose a sanction pursuant to
this subdivision that imposes an unreasonable financial burden on the
party against whom the sanction is imposed. This subdivision shall
become operative on January 1, 2010.
(e) The Judicial Council shall, by January 1, 2010, do the
following:
(1) Adopt a form to be served with every child custody evaluation
report that informs the report recipient of the confidentiality of
the report and the potential consequences for the unwarranted
disclosure of the report.
(2) Adopt a rule of court to require that, when a court-ordered
child custody evaluation report is served on the parties, the form
specified in paragraph (1) shall be included with the report.
(f) For purposes of this section, a disclosure is unwarranted if
it is done either recklessly or maliciously, and is not in the best
interests of the child.
