Bill Text: CA AB1843 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1843	AMENDED
	BILL TEXT

	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, as amended, Jones. Child custody evaluations:
confidentiality. 
   Existing 
    (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.  
    The 
    This  bill would make a clarifying change to authorize
the  disclosure of a  child custody evaluator's written
confidential report  to be disclosed  pursuant to
the provisions described above  and would specify that a
disclosure to the licensing entity of a child custody evaluator is
not an unwarranted disclosure, as specified  . 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 licentiate, 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 meet and confer with the complainant and the
licentiate 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. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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 which issues licenses.
   (b) Each board shall, upon receipt of any complaint respecting a
licentiate thereof, notify the complainant of the initial
administrative action taken on his complaint within 10 days of
receipt. Each board shall thereafter notify the complainant of the
final action taken on his 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 such action and of any other means which
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 licentiate 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 licentiate.
   (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 such patterns of complaints to the director and to the
Legislature at least once a 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 a year
such statutory changes as 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. 
   SECTION 1.   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: 
   (a)
    (1)  A party to the proceeding and his or her attorney.

   (b) 
    (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. 
   (c) 
    (3)  Counsel appointed for the child pursuant to Section
3150. 
   (d) 
    (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. 2.   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. 
   (g) For purposes of this section, a disclosure of the confidential
written report to the licensing entity of a child custody evaluator
is not an unwarranted disclosure.