Bill Text: CA SB331 | 2023-2024 | Regular Session | Amended
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
Amended
IN
Assembly
September 01, 2023 |
Amended
IN
Assembly
July 12, 2023 |
Amended
IN
Senate
April 27, 2023 |
Amended
IN
Senate
March 22, 2023 |
Introduced by Senator Rubio (Coauthors: Senators Caballero, Min, Portantino, and Roth) (Coauthors: Assembly Members Bains, Essayli, Gipson, Hoover, Lackey, McCarty, and Blanca Rubio) |
February 07, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
This bill, Piqui’s Law, the Children Safe from Family Violence Act,
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 if the court finds that the witness possesses special knowledge or demonstrated expertise or experience in working directly with victims of domestic violence or child abuse. This bill would require a judicial officer
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, as specified. The bill would require the Judicial Council to submit a report to the Legislature and the relevant policy committees on the trainings for judges, as specified.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill 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 Keeping Children Safe from Family Violence Act.SEC. 2.
(a) The Legislature finds and declares all of the following:For purposes of Article 1 (commencing with Section 720) of Chapter 3 of Division 6 of the Evidence Code, a witness 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 court finds that the witness possesses special knowledge or demonstrated expertise or experience in working directly with victims of domestic violence or child abuse, including child sexual abuse.
(a)A judicial officer assigned to family law matters involving child custody proceedings shall report to the court 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)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 provided pursuant to Section 68555 of the Government Code.
SEC. 5.SEC. 3.
Section 3190 of the Family Code is amended to read:3190.
(a) (1) The court may require parents, or another party involved in a custody or visitation dispute, and the minor 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 does not violate the prohibition in paragraph (2) and complies with the requirements of paragraph (3), if the court finds both of the following:(a)The Judicial Council shall establish judicial training programs for individuals who perform duties in family law matters, including, but not limited to, judicial officers, referees, commissioners, guardians ad litem, custody evaluators, 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 described in this section shall include a domestic violence session in any orientation session conducted for newly appointed or elected judges, an annual training session in domestic violence, and periodic updates in all aspects of domestic violence, including, but not limited to:
(A)Child sexual abuse.
(B)Physical abuse.
(C)Emotional abuse.
(D)Coercive control.
(E)Implicit and explicit bias related to parties involved in domestic violence cases.
(F)Trauma.
(G)Long- and short-term impacts of domestic violence and child abuse on children.
(H)The detriment to children of residing with a person who perpetrates domestic violence.
(I)That domestic violence can occur without a party seeking or obtaining a restraining order, without a substantiated child protective services finding, and without other documented evidence of abuse.
(J)Victim and perpetrator behavioral patterns and relationship dynamics within the cycle of violence.