Bill Text: CA AB612 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Custody and visitation: nonscientific theories.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Engrossed - Dead) 2009-07-14 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB612 Detail]

Download: California-2009-AB612-Introduced.html

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BILL NUMBER: AB 612	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Beall

                        FEBRUARY 25, 2009

   An act to amend Section 3111 of, and to add Sections 3005, 3045,
3100.5, and 3110.6 to, the Family Code, relating to custody and
visitation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 612, as introduced, Beall. Custody and visitation:
nonscientific theories.
   Existing law governs the determination of child custody and
visitation with a child in contested proceedings. Existing law
provides for the use of court-appointed investigators, as defined,
including court-appointed evaluators directed by the court to conduct
a child custody investigation in those proceedings. Existing law
authorizes the court to appoint a child custody evaluator if the
court determines it is in the best interest of the child. If directed
by the court, the evaluator is required to file a written
confidential report on his or her evaluation. 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.
Existing law requires the Judicial Council to adopt standards for
court-connected evaluations, investigations, and assessments related
to child custody.
   This bill would prohibit a court from considering a nonscientific
theory, as defined, in making a determination regarding child custody
or visitation with a child. The bill would also prohibit a court
from considering or receiving into evidence a report, assessment,
evaluation, or investigation prepared pursuant to the provisions
described above if it includes a nonscientific theory. By revising
the standards for court-connected evaluations, investigations, and
assessments related to child custody, the bill would require the
Judicial Council to adopt rules and forms implementing those revised
standards.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3005 is added to the Family Code, to read:
   3005.  "Nonscientific theory" means a theory regarding human
behavior and interactions that is not consistent with generally
accepted clinical, forensic, scientific, diagnostic, or medical
standards as promulgated by a majority of licensed professionals in
the medical, psychiatric, and psychological communities, including,
but not limited to, an alienation theory.
  SEC. 2.  Section 3045 is added to the Family Code, to read:
   3045.  In a proceeding to determine child custody, a court shall
not consider a nonscientific theory in making that determination.
  SEC. 3.  Section 3100.5 is added to the Family Code, to read:
   3100.5.  In a proceeding to determine visitation with a child, a
court shall not consider a nonscientific theory in making that
determination.
  SEC. 4.  Section 3110.6 is added to the Family Code, to read:
   3110.6.  Notwithstanding any other provision of law, in any
contested proceeding involving child custody or visitation rights, a
court may not consider and may not receive into evidence a report,
assessment, evaluation, or investigation prepared pursuant to this
chapter if that report, assessment, evaluation, or investigation
includes a nonscientific theory.
  SEC. 5.  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 
 in which  the court determines it is in the best 
interests   interest  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   Except as otherwise provided in Section
3110.6, the  report may be considered by the court.
   (b) The report shall not be made available other than as provided
in subdivision (a), 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   Except as otherwise provided in
Section 3110.6, 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.