Bill Text: CA AB612 | 2009-2010 | Regular Session | Amended
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-Amended.html
BILL NUMBER: AB 612 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 28, 2009
AMENDED IN ASSEMBLY MAY 5, 2009
AMENDED IN ASSEMBLY APRIL 22, 2009
INTRODUCED BY Assembly Member Beall
(Coauthors: Assembly Members Ma, Smyth, and Torrico)
(Coauthor: Senator Yee)
FEBRUARY 25, 2009
An act to add Section 3027.3 to the Family Code, relating to
custody and visitation.
LEGISLATIVE COUNSEL'S DIGEST
AB 612, as amended, 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 all child custody evaluators to have completed
specified training relating to domestic violence and child abuse.
Existing law requires the Judicial Council to adopt standards for
court-connected evaluations, investigations, and assessments related
to child custody. Existing law also requires the Judicial Council to
formulate rules of court that establish education, experience, and
training requirements for child custody evaluators and to establish
related forms, as specified.
This bill would provide that a child's expression of
significant hostility toward a parent may be admitted as possible
corroborating evidence that the parent has abused the child. The bill
would prohibit a court from concluding that an accusation of child
physical or sexual abuse against a parent is false based solely on
the child's expression of significant hostility toward the parent.
The bill would also require that, on and after January 1, 2010, these
provisions be included in all training required of child custody
evaluators, and would, consequently, require the Judicial Council to
revise training standards for child custody evaluators
allegations of physical or sexual abuse against a child are to be
investigated using specified methods of data collection and analysis.
The bill would provide that the rules of evidence applicable in
criminal proceedings shall apply whenever the court considers an
allegation of physical or sexual abuse against a child in a custody
proceeding. The bill would also provide that unproven, nonscientific
theories, including, but not limited to, alienation theories, as
specified, are not consistent with generally accepted clinical,
forensic, scientific, diagnostic, or medical standards. The bill
would prohibit a court from relying upon an unproven, unscientific
theory and from accepting into evidence any finding provided by an
expert witness or court appointed professional who has relied on
an unproven, nonscientific theory that is a basis for that
finding. The bill would require the Judicial Council to provide
training consistent with these provisions . The bill would
include a statement of legislative intent.
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. It is the intent of the Legislature
that courts strive to protect the safety of children by ensuring that
abuse allegations are investigated appropriately and that protecting
children from physical and sexual abuse is the highest priority in
custody and visitation decisions.
SEC. 2. Section 3027.3 is added to the
Family Code , to read:
3027.3. (a) Allegations of physical or sexual abuse against a
child are to be investigated using methods of data collection and
analysis consistent with the requirements of Section 3118, as further
clarified in paragraph (2) of subdivision (e) of Rule of Court
5.220, as it read on January 1, 2009.
(b) The rules of evidence applicable in criminal proceedings shall
apply whenever the court considers an allegation of physical or
sexual abuse against a child in a proceeding pursuant to this
division.
(c) Unproven, nonscientific theories, including, but not limited
to, alienation theories that assume that a child's report of physical
or sexual abuse by one parent is influenced or fabricated by the
other parent, are not consistent with generally accepted clinical,
forensic, scientific, diagnostic, or medical standards. The court may
not rely upon an unproven, unscientific theory and the court may not
accept into evidence any finding provided by an expert witness or
court appointed professional who has relied on an unproven,
nonscientific theory that is a basis for that finding.
(d) Nothing in this section shall limit the consideration of
actual evidence, behaviors, statements, or conduct by either parent
or by the child.
(e) The Judicial Council shall provide training consistent with
this section.
SECTION 1. It is the intent of the Legislature
that courts strive to protect the safety and best interest of
children in custody matters by ensuring that allegations of physical
and sexual abuse are investigated appropriately or referrals are made
to the child welfare services agency.
SEC. 2. Section 3027.3 is added to the Family
Code, to read:
3027.3. (a) A child's expression of significant hostility toward
a parent may, in the discretion of the court, be admitted as possible
corroborating evidence that the parent has abused the child. The
court may not conclude that an accusation of child physical or sexual
abuse against a parent is false based solely on the child's
expression of significant hostility toward the parent.
(b) On and after January 1, 2010, the provisions of this section
shall be included in all training required pursuant to Section
3110.5.
