BILL NUMBER: AB 612 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 17, 2007
AMENDED IN SENATE JUNE 14, 2007
AMENDED IN ASSEMBLY APRIL 17, 2007
AMENDED IN ASSEMBLY APRIL 9, 2007
AMENDED IN ASSEMBLY MARCH 26, 2007
INTRODUCED BY Assembly Member Ruskin
FEBRUARY 21, 2007
An act to amend Sections 3110, 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 amended, Ruskin. Child custody evaluations.
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, court
rules provide that a "child custody evaluator" is a "court-appointed
investigator."
This bill would codify those court rules to provide that a "child
custody evaluator" is a "court-appointed investigator." The bill
would permit a court, provide that
nonscientific labels and diagnoses that are not consistent with
diagnostic or medical standards generally accepted by the medical,
psychiatric, and psychological communities are specifically excluded
as allowable diagnoses for court use as part of a
child custody evaluation pursuant to these provisions , to
grant a motion for the psychological testing of a parent or child,
including testing intended to produce a diagnosis, only for good
cause shown, as specified. The bill also would require the child
custody evaluator that conducts the testing to summarize the
data-gathering procedures, information sources, and the amount of
time spent conducting the testing, and to present all relevant
information, including information that does not support the
conclusions reached .
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 of the Family Code is amended to read:
3110. As used in this chapter:
(a) "Court-appointed investigator" means a probation officer,
domestic relations investigator, or court-appointed evaluator
directed by the court to conduct an investigation pursuant to this
chapter.
(b) "Child custody evaluator" means a court-appointed
investigator.
SEC. 2. Section 3110.5 of the Family Code is amended to read:
3110.5. (a) A person shall not be a court-connected,
court-appointed, or private child custody evaluator 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 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 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, court-appointed, and private child
custody evaluators to conduct evaluations if they meet all of the
qualifications established by the Judicial Council. The education,
experience, and training requirements to be specified for
court-connected, court-appointed, and private child custody
evaluators 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 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 to inform each adult party of the purpose, nature,
and method of the evaluation.
(C) The rule may allow courts to permit the parties to stipulate
to an evaluator 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 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 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, a person shall not be a
child custody evaluator 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, court-appointed, or private
evaluator who has been certified by the court as meeting all of the
qualifications for court-connected, court-appointed, or private
evaluators, as specified by the Judicial Council pursuant to
subdivision (b).
(d) Subdivision (c) does not apply in a case in which the court
determines that there are no evaluators who meet the criteria of
subdivision (c) who are willing and available, within a reasonable
period of time, to perform child custody evaluations. 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 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 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. 3. Section 3110.6 is added to the Family Code, to read:
3110.6. (a) The court shall grant a motion for the psychological
testing of a parent or child, including testing intended to produce a
diagnosis, as part of a child custody evaluation pursuant to this
chapter, only for good cause shown, pursuant to Section 2032.310 of
the Code of Civil Procedure, except that the requirement to provide a
meet and confer declaration shall not apply.
(b) Psychological testing of a parent or child, including testing
intended to produce a diagnosis, 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. The written order shall include a statement of the
reasons supporting the finding of good cause required in subdivision
(a).
(c) The child custody evaluator that conducts the psychological
testing intended to produce a diagnosis shall summarize the
data-gathering procedures, information sources, and the amount of
time spent conducting the testing, and shall present all relevant
information, including information that does not support the
conclusions reached.
3110.6. (a) Nonscientific labels
and diagnoses that are not consistent with diagnostic or medical
standards generally accepted by the medical, psychiatric, and
psychological communities shall be specifically excluded for court
use as part of a child custody evaluation pursuant to this
chapter .
(d)
(b) Nothing in this section precludes a child custody
evaluator from freely interviewing parents and children, observing
parent-child interaction, speaking to collateral sources, consulting
over psychological data, or using his or her professional expertise
to integrate data, assess and evaluate psychological issues, or
communicate the results of those analyses to the court consistent
with ethical and professional standards.
SEC. 4. Section 3111 of the Family Code is amended to read:
3111. (a) In a contested proceeding involving child custody or
visitation rights, the court may 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. 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-connected, court-appointed, or private 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. 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.