Bill Text: CA SB594 | 2015-2016 | Regular Session | Chaptered

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Bill Title: Child custody.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2015-07-16 - Chaptered by Secretary of State. Chapter 130, Statutes of 2015. [SB594 Detail]

Download: California-2015-SB594-Chaptered.html

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BILL NUMBER: SB 594	CHAPTERED
	BILL TEXT

	CHAPTER  130
	FILED WITH SECRETARY OF STATE  JULY 16, 2015
	APPROVED BY GOVERNOR  JULY 16, 2015
	PASSED THE SENATE  JULY 6, 2015
	PASSED THE ASSEMBLY  JUNE 29, 2015
	AMENDED IN ASSEMBLY  JUNE 11, 2015
	AMENDED IN SENATE  MAY 13, 2015
	AMENDED IN SENATE  APRIL 27, 2015
	AMENDED IN SENATE  APRIL 13, 2015

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 27, 2015

   An act to amend Section 3111 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 594, Wieckowski. Child custody.
   Existing law allows a court, in any contested hearing involving
child custody or visitation rights, to appoint a child custody
evaluator, as specified. Existing law requires the Judicial Council
to adopt standards for the child custody evaluation.
   This bill would specify that a child custody evaluation,
investigation, or assessment, and any resulting report, may only be
considered by the court if the evaluation, investigation, or
assessment, and any resulting report, is conducted in accordance with
the minimum requirements.


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

  SECTION 1.  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 the court
determines it is in the best interests 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. A
child custody evaluation, investigation, or assessment, and any
resulting report, may be considered by the court only if it is
conducted in accordance with the requirements set forth in the
standards adopted by the Judicial Council pursuant to Section 3117;
however, this does not preclude the consideration of a child custody
evaluation report that contains nonsubstantive or inconsequential
errors or both.
   (b) The report shall not be made available other than as provided
in subdivision (a) or Section 3025.5, 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 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.