BILL NUMBER: AB 2365	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 24, 2012

   An act to amend Section 3011 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2365, as amended, Nestande. Family law: child custody.
   Existing law requires a family court to determine the best
interest of the child for purposes of deciding child custody in
proceedings for dissolution of marriage, nullity of marriage, legal
separation of the parties, petitions for exclusive custody of a
child, and proceedings under the Domestic Violence Prevention Act. In
making that determination, existing law requires the court to
consider specified factors, including whether either of the child's
parents  has a documented history of  habitually or
continually  using   uses  alcohol or
illegal drugs.  The court may require independent corroboration
of an allegation that a parent is habitually or continually using
controlled substances or illegal drugs. 
   This bill would require a family court to consider, in determining
the best interest of the child in custody proceedings, either parent'
s  documented use   habitual or continual abuse
 of prescribed controlled substances  , including
medical marijuana and narcotic maintenance medications for heroin and
opioid addictions  .
   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 3011 of the Family Code is amended to read:
   3011.  In making a determination of the best interest of the child
in a proceeding described in Section 3021, the court shall, among
any other factors it finds relevant, consider all of the following:
   (a) The health, safety, and welfare of the child.
   (b) Any history of abuse by one parent or any other person seeking
custody against any of the following:
   (1) Any child to whom he or she is related by blood or affinity or
with whom he or she has had a caretaking relationship, no matter how
temporary.
   (2) The other parent.
   (3) A parent, current spouse, or cohabitant, of the parent or
person seeking custody, or a person with whom the parent or person
seeking custody has a dating or engagement relationship.
   As a prerequisite to the consideration of allegations of abuse,
the court may require substantial independent corroboration,
including, but not limited to, written reports by law enforcement
agencies, child protective services or other social welfare agencies,
courts, medical facilities, or other public agencies or private
nonprofit organizations providing services to victims of sexual
assault or domestic violence. As used in this subdivision, "abuse
against a child" means "child abuse" as defined in Section 11165.6 of
the Penal Code and abuse against any of the other persons described
in paragraph (2) or (3) means "abuse" as defined in Section 6203 of
this code.
   (c) The nature and amount of contact with both parents, except as
provided in Section 3046.
   (d) The habitual or continual illegal use of controlled substances
 or   , the  habitual or continual abuse
of alcohol  , or the habitual or continual abuse of prescribed
controlled substances  by either parent  , and either
parent's current use of prescribed controlled substances, including
medical marijuana and narcotic maintenance medications for heroin and
opioid addictions  . Before considering these allegations,
the court may first require independent corroboration, including, but
not limited to, written reports from law enforcement agencies,
courts, probation departments, social welfare agencies, medical
facilities, rehabilitation facilities, or other public agencies or
nonprofit organizations providing drug and alcohol abuse services. As
used in this subdivision, "controlled substances" has the same
meaning as defined in the California Uniform Controlled Substances
Act, Division 10 (commencing with Section 11000) of the Health and
Safety Code.
   (e) (1) Where allegations about a parent pursuant to subdivision
(b) or (d) have been brought to the attention of the court in the
current proceeding, and the court makes an order for sole or joint
custody to that parent, the court shall state its reasons in writing
or on the record. In these circumstances, the court shall ensure that
any order regarding custody or visitation is specific as to time,
day, place, and manner of transfer of the child as set forth in
subdivision (b) of Section 6323.
   (2) The provisions of this subdivision shall not apply if the
parties stipulate in writing or on the record regarding custody or
visitation.