Amended
IN
Assembly
September 08, 2023 |
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 |
(2)
(3)
(4)
(5)
(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 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.
(B)The counseling is in the best interest of the child.
(2)A court shall not order counseling programs or services 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, that occurs under any of the following circumstances:
(A)In a nonclinical setting or out-of-state facility. A nonclinical setting includes, but is not limited to, a parent’s residence, camp, overnight hotel or motel, or vacation home.
(B)For any period that exceeds the generally accepted, age-appropriate length of time according to professional consensus.
(C)The child is transported to the premises where the counseling occurs against their will or by force, threat of force, or physical obstruction.
(D)The child is not given a reasonable opportunity to communicate with the other parent or a relative, except during a scheduled counseling session. For purposes of this subparagraph, “relative” has the same meaning as in paragraph (2) of subdivision (h) of Section 319 of the Welfare and Institutions Code.
(E)The counseling involves the use of threat, coercion, verbal abuse, intimidation, isolation from sources of support, or other acutely distressing circumstances to compel a child to participate against their will.
(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 comply with all of the following:
(i)The counseling will primarily address the behavior of that parent or that parent’s contribution to the resistance of the child before ordering the other parent to take steps to potentially improve the child’s relationship with the parent seeking custody or visitation.
(ii)The counseling does not include any of the circumstances described in paragraph (2).
(iii)The counseling provider has been informed of the prohibitions set forth in paragraph (2).
(iv)The provider is a licensed behavioral health care professional in good standing with their licensing board.
(B)This paragraph shall not apply when the resistance is the result of separation due to military service, illness, or other circumstances beyond the parent’s control.
(C)The court shall not order counseling under this paragraph unless there is generally accepted professional consensus on 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, 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 shall state 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, 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. 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.
(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 judicial officers provided pursuant to this section. The report shall include both of the following:
(1)The titles of the training courses being offered by Judicial Council.
(2)The number of judicial officers that participated in each training.