BILL ANALYSIS
AB 2263
Page 1
GOVERNOR'S VETO
AB 2263 (Kehoe)
As Amended
August 22, 2002
2/3 vote
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|ASSEMBLY: |72-2 |(May 23, 2002) |SENATE: |24-10|(August 27, |
| | | | | |2002) |
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|ASSEMBLY: |76-0 |(August 28, | | | |
| | |2002) | | | |
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Original Committee Reference: JUD.
SUMMARY : Requires the Judicial Council (JC) to conduct a study
to determine the effectiveness of projects or programs in
California that provide services to assist children and their
families facing divorce or separation in California.
Specifically, this bill :
1)Requires JC to conduct a study to determine the effectiveness
of projects or programs in California that provide services to
assist children and their families to navigate through the
difficult shoals of divorce or separation in California.
2)Requires that JC's study include an assessment of all of the
following:
a) Any decrease in conflict between the parents regarding
custody issues, as reported by the parents;
b) The mental health of the children, as measured by their
attitudes before and after participating in the project or
program;
c) Any change in the attitude of the parents who
participate in the project or program;
AB 2263
Page 2
d) Any impact on other aspects of the divorce process as a
result of greater cooperation between the parents; and,
e) The impact on court calendars and any cost savings
realized as a result of the project or program.
3)Requires JC to report to the Legislature, on or before January
12, 2004, the results of the study required by the bill.
4)Provides that the JC allocate no more than $50,000 for this
bill if the JC receives funding through the budget for this
purpose and if matching funds from sources other than the
state are provided.
The Senate amendments placed the $50,000 cost cap in the bill
and broadened the study's scope to include all programs and
projects in California which seek to assist children and their
families to navigate through divorce or separation.
AS PASSED BY THE ASSEMBLY , this bill was limited in its scope to
the Kids' Turn project.
FISCAL EFFECT : According to the Assembly Appropriations
analysis, one-time absorbable General Fund costs of $50,000 to
be matched by non-state sources.
COMMENTS : According to the author, this bill is needed because
just in 1999, 115,839 cases were filed for divorce or legal
separation in California, meaning many thousands of children in
the state are facing the challenges of divorce or separation
every year. The author notes that just some of the major
affects on children experiencing disruption of their parents'
marriage are: 1) poor emotional adjustment; 2) increased risk
of accident, injuries, and poisonings; 3) signs of early
disengagement from school; and, 4) various disproportionately
high negative behavioral problems. The author states that under
existing law, our courts currently do not have a process for
reviewing programs that provide service to families and children
going through the crisis of divorce and separation, so it makes
sense to require JC to assess projects in California designed to
help kids handle the stress of divorce and separation.
AB 2263
Page 3
The current trend in American families is for a high rate of
divorce, impacting more than one million children in the country
each year. Today, it is generally accepted that approximately
one out of every two marriages ends in divorce, and this
percentage increases in second marriages. It is now predicted
that half of the children in the United States will experience a
divorce before they are 18. These changes in family structure
obviously affect parents, but there is a consensus that such
changes particularly effect children in the years following
divorce. While parents may be devastated or relieved by the
divorce, children are invariably frightened and confused by the
changes in the family structure. Children can misinterpret
divorce unless their parents tell them what is happening, how
they are involved or not involved, and what will happen to them.
GOVERNOR'S VETO MESSAGE :
"This bill would require a study of projects or programs that
serve children and their families while the parents are in the
process of obtaining a divorce or legal separation.
"Under this study, the Judicial Council would be required to
assess the results of, among other things, changes in the mental
health of children and any change in the attitude of parents.
The Judicial Council, however, may not be well suited to conduct
this type of study.
"For this reason, I must return this bill without my signature."
Analysis Prepared by : Drew Liebert / JUD. / (916) 319-2334
FN: 0008211