BILL NUMBER: AB 993	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wagner

                        FEBRUARY 18, 2011

   An act to add Chapter 12.5 (commencing with Section 3195) to Part
2 of Division 8 of the Family Code, relating to mediation and
counseling services.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 993, as introduced, Wagner. Mediation and counseling services:
discipline and immunity.
   Existing law requires a court to set a case for mediation when
child custody or visitation is at issue and authorizes a court to
require parents, or other parties involved in a child custody or
visitation dispute, to participate in outpatient counseling with a
licensed mental health professional when it would be in the best
interest of the child, as specified.
   This bill would specify that a mediator and a licensed mental
health professional are not liable for damages for an act or omission
constituting ordinary negligence that occurs on or after January 1,
2012, during the performance of the above-described mediation and
counseling services. The bill would prohibit a person from making a
complaint to the board that issued a license to practice to the
mediator or licensed mental health professional regarding the
provision of those services and would, instead, require that the
complaint be made to the court that set the matter for mediation or
that required outpatient counseling. The bill would require the court
to refer the matter to the licensing board for disciplinary action
if it found unprofessional conduct on the part of the mediator or
licensed mental health professional.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Chapter 12.5 (commencing with Section 3195) is added to
Part 2 of Division 8 of the Family Code, to read:
      CHAPTER 12.5.  DISCIPLINE AND IMMUNITY


   3195.  The following definitions apply for purposes of this
chapter:
   (a) "Licensed mental health professional" means a person providing
counseling services in a child custody or visitation dispute
pursuant to the provisions of Chapter 12 (commencing with Section
3190).
   (b) "Mediator" means a person who is a mediator in cases involving
custody and visitation concerning children pursuant to the
provisions of Chapter 11 (commencing with Section 3160).
   3195.1.  A mediator and a licensed mental health professional
shall not be liable for damages for an act or an omission
constituting ordinary negligence that occurs on or after January 1,
2012, if the act or omission is within the scope of his or her duties
and occurs while providing services pursuant to Chapter 11
(commencing with Section 3160) or Chapter 12 (commencing with Section
3190).
   3195.2.  (a) A complaint by any person against a mediator
regarding an act or omission occurring on or after January 1, 2012,
while the mediator provided services pursuant to Chapter 11
(commencing with Section 3160) shall be made to the court that set
the matter for mediation pursuant to Section 3170.
   (b) A complaint by any person against a licensed mental health
professional regarding an act or omission occurring on or after
January 1, 2012, while the licensed mental health professional
provided services pursuant to Chapter 12 (commencing with Section
3190) shall be made to the court that required that outpatient
counseling services be provided pursuant to Section 3190.
   (c) The court shall consider the complaint made pursuant to this
section and determine whether it establishes unprofessional conduct
that would subject the mediator or the licensed mental health
professional to disciplinary action by the board that issued a
license to practice to the mediator or licensed mental health
professional. If the court makes such a finding, the court shall
refer the matter to that board for disciplinary action against the
mediator or licensed mental health professional.
   3195.3.  No person shall make a complaint to the board that issued
a license to practice to the mediator or the licensed mental health
professional for an act or omission described in Section 3195.2.