BILL NUMBER: AB 612 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ruskin
FEBRUARY 21, 2007
An act to amend Sections 3110.5 and 3111 of, and to add Section
3110.6 to, the Family Code, relating to child custody.
LEGISLATIVE COUNSEL'S DIGEST
AB 612, as introduced, Ruskin. Child custody investigations.
Existing law authorizes the court, in a contested proceeding
involving child custody or visitation rights, to appoint a child
custody evaluator to conduct a child custody evaluation in cases in
which the court determines it is in the best interests of the child.
Existing law requires court-connected and private child custody
evaluators to complete a described domestic violence and child abuse
training program and to comply with other requirements. Existing law
requires the Judicial Council to formulate a statewide rule of court
by January 1, 2002, that establishes education, experience, and
training requirements for all court-appointed child custody
evaluators, and requires child custody evaluators to declare under
penalty of perjury that they meet all of the education, experience,
and training requirements of the rule and, if applicable, possess a
license in good standing. For purposes of these provisions, a "child
custody evaluator" is a "court-appointed investigator."
This bill would revise these provisions by replacing references to
"child custody evaluators" and "evaluations" with conforming
references to "child custody investigators" and "investigations." The
bill would permit a court, as part of a child custody investigation
pursuant to these provisions, to grant a motion for a mental or
psychological examination of a parent only for good cause shown, as
specified, under exceptional circumstances when there is strong
evidence that a parent's current mental or psychological status might
seriously impair his or her parenting ability.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 3110.5 of the Family Code is amended to read:
3110.5. (a) No A person
may shall not be a court-connected ,
court-appointed, or private child custody evaluator
investigator under this chapter unless the
person has completed the domestic violence and child abuse training
program described in Section 1816 and has complied with Rules 5.220
and 5.230 of the California Rules of Court.
(b) (1) On or before January 1, 2002, the Judicial Council shall
formulate a statewide rule of court that establishes education,
experience, and training requirements for all court-connected,
court-appointed, and private child custody evaluators
investigators appointed pursuant to this
chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing
with Section 2032.010) of Title 4 of Part 4 of the Code of Civil
Procedure.
(A) The rule shall require a child custody evaluator
investigator to declare under penalty of perjury
that he or she meets all of the education, experience, and training
requirements specified in the rule and, if applicable, possesses a
license in good standing. The Judicial Council shall establish forms
to implement this section. The rule shall permit court-connected
evaluators , court-appointed, and
private child custody investigators to conduct
evaluations investigations if they meet all of
the qualifications established by the Judicial Council. The
education, experience, and training requirements to be specified for
court-connected evaluators ,court-appointed,
and private child custody investigators shall include, but not
be limited to, knowledge of the psychological and developmental needs
of children and parent-child relationships.
(B) The rule shall require all evaluators
investigators to utilize comparable interview, assessment, and
testing procedures for all parties that are consistent with generally
accepted clinical, forensic, scientific, diagnostic, or medical
standards. The rule shall also require evaluators
investigators to inform each adult party of the purpose,
nature, and method of the evaluation
investigation .
(C) The rule may allow courts to permit the parties to stipulate
to an evaluator investigator of their
choosing with the approval of the court under the circumstances set
forth in subdivision (d). The rule may require courts to provide
general information about how parties can contact qualified child
custody evaluators investigators in
their county.
(2) On or before January 1, 2004, the Judicial Council shall
include in the statewide rule of court created pursuant to this
section a requirement that all court-connected ,
court-appointed, and private child custody evaluators
investigators receive training in the nature of
child sexual abuse. The Judicial Council shall develop standards for
this training that shall include, but not be limited to, the
following:
(A) Children's patterns of hiding and disclosing sexual abuse
occurring in a family setting.
(B) The effects of sexual abuse on children.
(C) The nature and extent of child sexual abuse.
(D) The social and family dynamics of child sexual abuse.
(E) Techniques for identifying and assisting families affected by
child sexual abuse.
(F) Legal rights, protections, and remedies available to victims
of child sexual abuse.
(c) In addition to the education, experience, and training
requirements established by the Judicial Council pursuant to
subdivision (b), on or after January 1, 2005, no
a person may shall not be a
child custody evaluator investigator
under this chapter, Section 730 of the Evidence Code, or Chapter 15
(commencing with Section 2032.010) of Title 4 of Part 4 of the Code
of Civil Procedure unless the person meets at least one of
the following criteria:
(1) He or she is licensed as a physician under Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code and either is a board certified psychiatrist or has
completed a residency in psychiatry.
(2) He or she is licensed as a psychologist under Chapter 6.6
(commencing with Section 2900) of Division 2 of the Business and
Professions Code.
(3) He or she is licensed as a marriage and family therapist under
Chapter 13 (commencing with Section 4980) of Division 2 of the
Business and Professions Code.
(4) He or she is licensed as a clinical social worker under
Article 4 (commencing with Section 4996) of Chapter 14 of Division 2
of the Business and Professions Code.
(5) He or she is a court-connected evaluator
, court-appointed, or private investigator who has been
certified by the court as meeting all of the qualifications for
court-connected evaluators ,
court-appointed, or private investigators, as specified by the
Judicial Council pursuant to subdivision (b).
(d) Subdivision (c) does not apply in any
a case where in which the court
determines that there are no evaluators
investig ators who meet the criteria of subdivision
(c) who are willing and available, within a reasonable period of
time, to perform child custody evaluations
investigations . In those cases, the parties may stipulate to
an individual who does not meet the criteria of subdivision (c),
subject to approval by the court.
(e) A child custody evaluator investigator
who is licensed by the Medical Board of California, the Board
of Psychology, or the Board of Behavioral Sciences , shall
be subject to disciplinary action by that board for unprofessional
conduct, as defined in the licensing law applicable to that licensee.
(f) On or after January 1, 2005, a court-connected ,
court-appointed, or private child custody
evaluator may investigator shall not evaluate,
investigate, or mediate an issue of child custody in a proceeding
pursuant to this division unless that person has completed child
sexual abuse training as required by this section.
SEC. 2. Section 3110.6 is added to the Family Code, to read:
3110.6. (a) The court shall grant a motion for a mental or
psychological examination of a parent, as part of a child custody
investigation pursuant to this chapter, only for good cause shown,
pursuant to Section 2032.310 of the Code of Civil Procedure, under
exceptional circumstances when there is strong evidence that a parent'
s current mental or psychological status might seriously impair his
or her parenting ability.
(b) A mental or psychological examination, including standardized
psychological testing, may be conducted only by written court order,
by a licensed physician or psychologist who meets the requirements of
subdivision (c) of Section 2032.020 of the Code of Civil Procedure.
(c) The order for a mental or psychological examination shall
include a description of the legally admissible evidence that
demonstrates the need for the examination and a request for a
diagnosis. Controversial, nonscientific labels, such as parental
alienation syndrome, parental alienation, or alienated child, are
specifically excluded as allowable diagnoses and for court use.
(d) The report to the court resulting from the examination, any
underlying "raw" data from psychological testing, and notes from the
mental or psychological examination, shall be provided within 10 days
from the date of the request of the parties and their attorneys.
SEC. 3. Section 3111 of the Family Code is amended to read:
3111. (a) In any a contested
proceeding involving child custody or visitation rights, the court
may appoint a child custody evaluator
investigator to conduct a child custody evaluation
investigation in cases where
in which the court determines it is in the best interests
of the child. The child custody evaluation
investigation 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 investigations
. If directed by the court, the court-connected,
court-appointed , or private child custody
evaluator investigator shall file a written
confidential report on his or her evaluation
investigation . 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. The report may be considered by
the court.
(b) The report shall not be made available other than as provided
in subdivision (a), 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.