Bill Text: CA SB331 | 2023-2024 | Regular Session | Amended

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

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Bill Title: Child custody: child abuse and safety.

Spectrum: Slight Partisan Bill (Democrat 9-3)

Status: (Passed) 2023-10-13 - Chaptered by Secretary of State. Chapter 865, Statutes of 2023. [SB331 Detail]

Download: California-2023-SB331-Amended.html

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Amended  IN  Senate  April 27, 2023

Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 331

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Introduced by Senator Rubio

February 07, 2023

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An act to amend Sections 3020 and 3026 Section 3190 of, and to add Sections 3033 and 3040.5 to, the Family Code, and to repeal and add Section 68555 of the Government Code, relating to child custody.

LEGISLATIVE COUNSEL'S DIGEST

SB 331, as amended, Rubio. Child custody: child abuse and safety.

Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody, to determine the best interests of the child based on certain factors, including the nature and amount of contact with both parents and, consistent with specified findings, requires the court’s primary concern to be the health, safety, and welfare of the child. Existing law prohibits the ordering of family reunification services as part of a child custody or visitation rights proceeding.

This bill, Piqui’s Law, the Safe Child Act, would prohibit court-ordered family reunification services as part of a child custody or visitation rights proceeding, including reunification or reconnection therapy, treatments, programs, workshops, classes, or camps that are predicated on cutting off a child from a parent with whom the child is bonded or to whom the child is attached. The bill would provide that a person is qualified to testify as an expert in a child custody proceeding in which a parent has been alleged to have committed domestic violence or child abuse, as specified, if the person shows by any otherwise admissible evidence that the person has sufficient special knowledge, skill, experience, training, or education relating to the subject of the person’s testimony. This bill would require a judge assigned to family law matters involving child custody proceedings and individual courts to submit the number of hours of continuing instruction in domestic violence completed to the Judicial Council. The bill would require the Judicial Council to submit a report to the Legislature and the relevant policy committees on the trainings for judges across all counties, as specified.

Existing law authorizes the court, upon making certain findings, to require the parent or parents, or any other party involved in a custody or visitation dispute, and the minor child to participate in outpatient counseling, as specified.

This bill would prohibit the court from ordering family reunification treatment, as defined. The bill would require court-ordered counseling, as specified, to primarily address the behavior or contribution to the resistance of the child by the parent seeking custody or visitation before ordering the primary custodial parent to take steps to improve the child’s relationship with the parent seeking custody or visitation. This bill would require the court to state all of its reasons for ordering counseling, and the evidence it relied on, in a written order on the record. The bill would require the court to make findings that remediation is in the best interest of the child and that the parent seeking custody or visitation has shown they are willing to meaningfully participate in the counseling.

Existing law requires the Judicial Council to establish judicial training programs for individuals who perform duties in domestic violence matters. Existing law requires the training programs to include a domestic violence session in any orientation session for newly appointed or elected judges and an annual training session in domestic violence. Existing law requires the training programs to include instruction in all aspects of domestic violence, including, but not limited to, the detriment to children of residing with a person who perpetrates domestic violence.

This bill would repeal those provisions and instead require the Judicial Council to establish mandatory judicial training programs for individuals, including judges and judges pro tem, who perform duties in family law matters, including, among other topics, child sexual abuse and coercive control, as specified.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 This act shall be known, and may be cited, as Piqui’s Law, the Safe Child Act.

SEC. 2.

 (a) The Legislature finds and declares all of the following:

(1) Approximately 1 in 15 children in the United States is exposed to domestic violence each year.

(2) Most child abuse in America is perpetrated in the family and by a parent, and intimate partner violence and child abuse overlap in the same families at rates between 30 and 60 percent. A child’s risk of abuse increases after a perpetrator of intimate partner violence separates from a domestic partner, even when the perpetrator has not previously directly abused the child. Children in the United States who have witnessed intimate partner violence are approximately four times more likely to experience direct child maltreatment than children who have not witnessed intimate partner violence.

(3) More than 75 percent of child sexual abuse in America is perpetrated by a family member or a person known to the child. Data from the United States Department of Justice shows that family members are 49 percent, or almost one-half, of the perpetrators of crimes against child sex assault victims younger than six years of age.

(4) Federal scientific research suggests that a child’s exposure to an abuser is among the strongest indicators of risk of incest victimization. One national study found that female children with fathers who are abusers of their mothers were six and one-half times more likely to experience father-daughter incest than female children who do not have abusive fathers.

(5) Child abuse is a major public health issue in the United States. Total lifetime financial costs associated with just one year of confirmed cases of child maltreatment, including child physical abuse, sexual abuse, psychological abuse, and neglect, result in $124 billion in annual costs to the economy of the United States, or approximately 1 percent of the gross domestic product of the United States.

(b) It is the intent of the Legislature to do all of the following:

(1) Increase the priority given to child safety in any state court divorce, separation, visitation, paternity, child support, civil protection order, or family custody court proceeding affecting the custody and care of children, excluding child protective, abuse, or neglect proceedings and juvenile justice proceedings.

(2) Ensure that professional personnel involved in cases containing domestic violence or child abuse allegations receive trauma-informed and culturally appropriate training on the dynamics, signs, and impact of domestic violence and child abuse, including child sexual abuse.

(3) Ensure trainings are designed to improve the ability of judges, judges pro tem, referees, commissioners, mediators, child custody recommending counselors, minors counsel, evaluators, and others who are deemed appropriate and who perform duties in family law matters to recognize and respond to child abuse, domestic violence, and trauma in family victims.

(4) Ensure trainings are designed to improve the ability of judges, judges pro tem, referees, commissioners, mediators, child custody recommending counselors, minors counsel, evaluators, and others who are deemed appropriate and who perform duties in family law matters to prioritize children and to make appropriate custody decisions in the best interest of child safety and well-being that are culturally responsive and appropriate for diverse communities.

(5) Make California eligible for additional grant funding through the United States Department of Justice’s STOP Violence Against Women Formula Grant Program, as appropriated for states that meet the requirements of the federal Violence Against Women Act Reauthorization Act of 2022 (Division W of Public Law 117-103).

SEC. 3.Section 3020 of the Family Code is amended to read:

3020.

(a)The Legislature finds and declares that it is the public policy of this state to ensure that the health, safety, and welfare of children shall be the court’s primary concern in determining the best interests of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that children have the right to be safe and free from abuse, and that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the health, safety, and welfare of the child.

(b)The Legislature finds and declares that it is the public policy of this state to ensure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except when the contact would not be in the best interests of the child, as provided in subdivisions (a) and (c) of this section and Section 3011.

(c)When the policies set forth in subdivisions (a) and (b) of this section are in conflict, a court’s order regarding physical or legal custody or visitation shall be made in a manner that prioritizes the health, safety, and welfare of the child and the safety of all family members.

(d)The Legislature finds and declares that it is the public policy of this state to ensure that the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative is not considered in determining the best interests of the child.

SEC. 4.Section 3026 of the Family Code is amended to read:

3026.

(a)Family reunification services, including, but not limited to, reunification or reconnection therapy, treatments, programs, workshops, classes, or camps that are predicated on cutting off a child from a parent with whom the child is bonded or to whom the child is attached, shall not be ordered as a part of a child custody or visitation rights proceeding.

(b)Notwithstanding any other law, a custody or visitation order issued under this section or Section 3190 or 3191 shall not contain either of the following:

(1)An order for a child to attend or participate in a program described in subdivision (a).

(2)An order for a parent to not have visitation with or custody of the child for a program described in subdivision (a).

(c)This section does not affect the applicability of Section 16507 of the Welfare and Institutions Code.

(d)This section does not provide for either of the following:

(1)A presumption for joint custody.

(2)A presumption that every child needs to be raised by both parents.

SEC. 5.SEC. 3.

 Section 3033 is added to the Family Code, to read:

3033.

 (a) (1) A person is qualified to testify as an expert in a child custody proceeding in which a parent has been alleged to have committed domestic violence or child abuse, including child sexual abuse, if the person has special knowledge, skill, experience, training, or education sufficient to qualify them as an expert on the subject to which their testimony relates.

(2) Against the objection of a party, the special knowledge, skill, experience, training, or education shall be shown before the witness may testify as an expert.

(b) A witness’ special knowledge, skill, experience, training, or education may be shown by otherwise admissible evidence, including their own testimony.

SEC. 6.SEC. 4.

 Section 3040.5 is added to the Family Code, to read:

3040.5.

 (a) A judge assigned to family law matters involving child custody proceedings shall report to the Judicial Council the number of hours in a program of continuing instruction in domestic violence, including, but not limited to, coercive control and child sexual abuse.

(b) Each individual court shall submit the hours of completed training to the Judicial Council.

(c) (1) The Judicial Council shall report to the Legislature and the relevant policy committees, on or before January 1, 2025, and each January thereafter, on the trainings for judges across all counties.

(2) The report submitted to the Legislature pursuant to paragraph (1) shall be submitted in accordance with Section 9795 of the Government Code.

SEC. 5.

 Section 3190 of the Family Code is amended to read:

3190.

 (a) (1) The court may require parents or any other parents, or another party involved in a custody or visitation dispute, and the minor child, child to participate in outpatient counseling with a licensed mental health professional, or through other community programs and services that provide appropriate counseling, including, but not limited to, mental health or substance abuse services, for not more than one year, provided that the program selected has counseling available for the designated period of time, if the court finds both of the following:

(1)

(A) The dispute between the parents, between the parent or parents and the child, between the parent or parents and another party seeking custody or visitation rights with the child, or between a party seeking custody or visitation rights and the child, poses a substantial danger to the best interest of the child.

(2)

(B) The counseling is in the best interest of the child.

(2) (A) A court shall not order family reunification treatment.

(B) (i) Family reunification treatment is any counseling, treatment, program, or service, including reunification or reconnection therapy, workshops, classes, and camps, intended to reunite, reestablish, or repair a relationship between a child and the parent seeking custody or visitation that is predicated on cutting the child off from, or restricting the contact with, the primary custodial parent, provided that the primary custodial parent is not physically or sexually abusive or neglectful of the child to a degree that places the child at substantial risk of serious harm.

(ii) Neglect does not include circumstances due solely to the parent’s indigence or other financial difficulty.

(3) (A) If a court orders counseling to remediate the resistance of a child to connect with the parent seeking custody or visitation, or to improve a deficient relationship with the parent seeking custody or visitation, the counseling shall primarily address the behavior of that parent or that parent’s contribution to the resistance of the child before ordering the primary custodial parent to take steps to potentially improve the child’s relationship with the parent seeking custody or visitation.

(B) A court shall not order counseling under this paragraph unless there is generally accepted and scientifically valid proof of the safety, effectiveness, and therapeutic value of the counseling.

(b) In determining whether a dispute, as described in paragraph (1) of subdivision (a), poses a substantial danger to the best interest of the child, the court shall consider, in addition to any other factors the court determines relevant, any a history of domestic violence, as defined in Section 6211, within the past five years between the parents, between the parent or parents and the child, between the parent or parents and another party seeking custody or visitation rights with the child, or between a party seeking custody or visitation rights and the child.

(c) Subject to Section 3192, if the court finds that the financial burden created by the order for counseling does not otherwise jeopardize a party’s other financial obligations, the court shall fix the cost and shall order the entire cost of the services to be borne by the parties in the proportions the court deems reasonable.

(d) The court, in its finding, shall set forth reasons why it has found both court shall state all of its reasons for ordering counseling, and the evidence relied on, in a written order or on the record, including all of the following:

(1) The dispute poses a substantial danger to the best interest of the child child, and the counseling is in the best interest of the child.

(2) The financial burden created by the court order for counseling does not otherwise jeopardize a party’s other financial obligations.

(3) If the court is ordering counseling to remediate the resistance of the child to connect with the parent seeking custody or visitation, or to improve a deficient relationship with the parent seeking custody or visitation, the basis for determining that remediation is in the best interest of the child and that the parent seeking custody or visitation has shown that they are willing to meaningfully participate in the counseling.

(e) The court shall not order the parties to return to court upon the completion of counseling. Any A party may file a new order to show cause or motion after counseling has been completed, and the court may again order counseling consistent with this chapter.

SEC. 7.SEC. 6.

 Section 68555 of the Government Code is repealed.

SEC. 8.SEC. 7.

 Section 68555 is added to the Government Code, to read:

68555.

 (a) The Judicial Council shall establish mandatory judicial training programs for individuals who perform duties in family law matters, including, but not limited to, judges, judges pro tem, referees, commissioners, mediators, and others who are deemed appropriate by the Judicial Council.

(b) (1) The training program described in this section shall be an ongoing training and education program designed to improve the ability of courts to recognize and respond to child physical abuse, child sexual abuse, domestic violence, and trauma in family victims, particularly children, and to make appropriate custody decisions that prioritize child safety and well-being and are culturally sensitive and appropriate for diverse communities.

(2) The training program shall include instruction in the following topics:

(A) Child sexual abuse.

(B) Physical abuse.

(C) Emotional abuse.

(D) Coercive control.

(E) Implicit and explicit bias, including biases relating to parents with disabilities.

(F) Trauma.

(G) Long- and short-term impacts of domestic violence and child abuse on children.

(H) Victim and perpetrator behavioral patterns and relationship dynamics within the cycle of violence.

(c)(1)The training program described in this section shall include both of the following:

(A)An orientation session that is a minimum of 25 hours in duration.

(B)A minimum of 20 hours of ongoing training to be completed every three years thereafter to align with current training timelines described in subdivision (d) of Rule 10.462 of the California Rules of Court.

(2)These hourly requirements may be satisfied by completing other approved training curriculum on a topic listed in paragraph (2) of subdivision (b).