BILL NUMBER: AB 2292	CHAPTERED  08/25/04

	CHAPTER  301
	FILED WITH SECRETARY OF STATE  AUGUST 25, 2004
	APPROVED BY GOVERNOR  AUGUST 24, 2004
	PASSED THE ASSEMBLY  AUGUST 12, 2004
	PASSED THE SENATE  JULY 1, 2004
	AMENDED IN SENATE  JUNE 15, 2004
	AMENDED IN SENATE  JUNE 1, 2004
	AMENDED IN ASSEMBLY  APRIL 27, 2004
	AMENDED IN ASSEMBLY  APRIL 12, 2004

INTRODUCED BY   Assembly Member Wolk

                        FEBRUARY 19, 2004

   An act to add Section 3105 to the Family Code, and to add Section
1602 to the Probate Code, relating to visitation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2292, Wolk.  Visitation:  former legal guardians.
   Existing law authorizes the court to grant reasonable visitation
rights to a stepparent or a grandparent of a minor child if the court
determines that visitation is in the best interest of the child.
   Existing law also authorizes the court to terminate a guardianship
if the court determines that it is in the best interest of the minor
to terminate the guardianship.
   This bill would authorize the court to grant reasonable visitation
rights to a person who has previously served as the legal guardian
of a child if visitation by the former legal guardian is determined
to be in the best interest of the child, and would make other,
related changes.  The bill would authorize a former legal guardian to
maintain an independent action for visitation with his or her former
minor ward.
   This bill would authorize the court, upon making a determination
that a guardianship should be terminated, to consider whether
continued visitation between a ward and his or her guardian is in the
best interest of the ward.  The bill would also authorize the court
to issue an order, as part of the order of termination, for
visitation between the former guardian and his or her former minor
ward after the termination of the guardianship.


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


  SECTION 1.  Section 3105 is added to the Family Code, to read:
   3105.  (a) The Legislature finds and declares that a parent's
fundamental right to provide for the care, custody, companionship,
and management of his or her children, while compelling, is not
absolute.  Children have a fundamental right to maintain healthy,
stable relationships with a person who has served in a significant,
judicially approved parental role.
   (b) The court may grant reasonable visitation rights to a person
who previously served as the legal guardian of a child, if visitation
is determined to be in the best interest of the minor child.
   (c) In the absence of a court order granting or denying visitation
between a former legal guardian and his or her former minor ward,
and if a dependency proceeding is not pending, a former legal
guardian may maintain an independent action for visitation with his
or her former minor ward.  If the child does not have at least one
living parent, visitation shall not be determined in a proceeding
under the Family Code, but shall instead be determined in a
guardianship proceeding which may be initiated for that purpose.
  SEC. 2.  Section 1602 is added to the Probate Code, to read:
   1602.  (a) The Legislature hereby finds and declares that
guardians perform a critical and important role in the lives of
minors, frequently assuming a parental role and caring for a child
when the child's parent or parents are unable or unwilling to do so.

   (b) Upon making a determination that a guardianship should be
terminated pursuant to Section 1601, the court may consider whether
continued visitation between the ward and the guardian is in the ward'
s best interest.  As part of the order of termination, the court
shall have jurisdiction to issue an order providing for ongoing
visitation between a former guardian and his or her former minor ward
after the termination of the guardianship.  The order  granting or
denying visitation may not be modified unless the court determines,
based upon evidence presented, that there has been a significant
change of circumstances since the court issued the order and that
modification of the order is in the best interest of the child.
   (c) A copy of the visitation order shall be filed in any court
proceeding relating to custody of the minor.  If a prior order has
not been filed, and a proceeding is not pending relating to the
custody of the minor in the court of any county, the visitation order
may be used as the sole basis for opening a file in the court of the
county in which the custodial parent resides.  While a parent of the
child has custody of the child, proceedings for modification of the
visitation order shall be determined in a proceeding under the Family
Code.