BILL ANALYSIS Ó
AB 2365
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ASSEMBLY THIRD READING
AB 2365 (Nestande)
As Amended March 29, 2012
Majority vote
JUDICIARY 10-0
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|Ayes:|Feuer, Wagner, Atkins, | | |
| |Dickinson, Gorell, Huber, | | |
| |Jones, Monning, | | |
| |Wieckowski, Bonnie | | |
| |Lowenthal | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires a court when making a child custody
determination to consider either parent's habitual or continual
abuse of prescribed controlled substances. Specifically, this
bill adds either parent's habitual or continual abuse of
prescribed controlled substances to the list of factors that a
court must consider when making a best interest determination in
an action for dissolution or child custody or visitation.
EXISTING LAW :
1)States the policies of the Legislature to assure: a) the
health, safety and welfare of the child; and, b) that children
have frequent and continuing contacts with both parents,
consistent with the best interest of the child. When the
policy of frequent and continuing contact conflicts with the
policy to assure the health, safety and welfare of the child,
requires custody decisions to be made in a manner to ensure
the health, safety and welfare of the child and the safety of
all family members.
2)Requires, in making a determination as to the best interest of
a child in a dissolution or custody proceeding, the court to
consider, among other relevant factors, the following:
a) The health, safety and welfare of the child;
b) Any history of abuse by one parent to the other parent
or any child, as specified;
AB 2365
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c) The nature and amount of contacts with both parents;
and,
d) The habitual or continual illegal use of controlled
substances, or the habitual or continual abuse of alcohol
by either parent.
3)Authorizes the court, until January 1, 2013, in any custody or
visitation proceeding or in any guardianship proceeding, to
order any person seeking custody or visitation to undergo
testing for the illegal use of controlled substances and the
use of alcohol if there is a judicial determination based upon
a preponderance of the evidence that there is the habitual,
frequent, or continual illegal use of controlled substances,
or the habitual or continual abuse of alcohol by the person.
COMMENTS : When a family court is called on to make a child
custody determination, the fundamental consideration for the
court is what is in the child's best interest. Under current
law, when considering the child's best interest, the court must
take into account either parent's habitual or continual illegal
use of controlled substances or habitual or continual abuse of
alcohol. This measure requires a court to also consider the
habitual or continual abuse of controlled substances. This
change will ensure that judges consider either parent's abuse of
legally prescribed drugs when making a child custody
determination. In support of the bill, the author notes that,
according to the National Survey on Drug Use and Health, 6% of
adults age 18 to 25 report nonmedical use of prescription drugs
in the last month, underscoring his concern about rampant abuse
of prescription medication.
This bill requires the court, when considering what is in a
child's best interest in a custody dispute, to consider not just
habitual or continual illegal use of drugs and habitual or
continual abuse of alcohol, but also the habitual or continual
abuse of prescription medications. Like alcohol, prescription
medications may be legal, but are also subject to abuse when
used not as prescribed. This provision does not take away the
judge's discretion to make a decision that is in the child's
best interest. Rather, this bill simply ensures that a judge
considers a parent's abuse of prescription medication as one
factor in determining the child's best interest.
AB 2365
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Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334
FN: 0003248