BILL NUMBER: AB 2683	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Judiciary (Feuer (Chair), Atkins,
Dickinson, Huber, Monning, and Wieckowski)

                        MARCH 12, 2012

   An act to amend Section 2204 of the Probate Code, relating to
guardianships.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2683, as introduced, Committee on Judiciary. Guardianships:
venue.
   Existing law establishes procedures for courts to follow regarding
venue in the circumstance where a proceeding for the guardianship of
the person of the minor is filed in one county, and a custody or
visitation proceeding has already been filed in one or more other
counties, and provides for communications between the courts, as
specified.
   This bill would correct an erroneous cross-reference in these
provisions.
   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 2204 of the Probate Code is amended to read:
   2204.  (a) If a proceeding for the guardianship of the person of
the minor is filed in one county and a custody or visitation
proceeding has already been filed in one or more other counties, the
following shall apply:
   (1) If the guardianship proceeding is filed in a county where the
proposed ward and the proposed guardian have resided for six or more
consecutive months immediately prior to the commencement of the
proceeding, or, in the case of a minor less than six months of age,
since the minor's birth, the court in that county is the proper court
to hear and determine the guardianship proceeding, unless that court
determines that the best interests of the minor require that the
proceeding be transferred to one of the other courts. A period of
temporary absence no longer than 30 days from the county of the minor
or the proposed guardian shall not be considered an interruption of
the six-month period.
   (2) If the guardianship proceeding is filed in a county where the
proposed ward and the proposed guardian have resided for less than
six consecutive months immediately prior to the commencement of the
proceeding, or, in the case of a minor less than six months of age, a
period less than the minor's life, the court shall transfer the case
to one of the other courts, unless the court determines that the
best interests of the minor require that the guardianship proceeding
be maintained in the court where it was filed.
   (3) If a petitioner or respondent in a custody or visitation
proceeding who is an authorized petitioner under Section 2212
petitions the court where the guardianship proceeding is filed for
transfer of the guardianship proceeding to the court where the
custody or visitation proceeding is on file at any time before the
appointment of a guardian, including a temporary guardian, the
provisions of this subdivision shall apply to the court's
determination of the petition for transfer. Except as provided in
this paragraph, the petition for transfer shall be determined as
provided in Sections 2212 to 2217, inclusive.
   (b) The following shall apply concerning communications between
the courts:
   (1) The court where the guardianship proceeding is commenced shall
communicate concerning the proceedings with each court where a
custody or visitation proceeding is on file prior to making a
determination authorized in subdivision (a), including a
determination of a petition to transfer.
   (2) If a petitioner or respondent, who is authorized to petition
to transfer under Section 2212, petitions the court where the
guardianship proceeding is filed for transfer of the guardianship
after the appointment of a guardian, including a temporary guardian,
the court in the guardianship proceeding may communicate with each
court where a custody or visitation proceeding is on file before
determining the petition for transfer.
   (3) If the court in the guardianship proceeding appoints a
guardian of the person of the minor, including a temporary guardian,
the court shall transmit a copy of the order appointing a guardian to
each court where a custody or visitation proceeding is on file, and
each of those courts shall file the order in the case file for its
custody or visitation proceeding.
   (4) The provisions of subdivisions (b) to (e), inclusive, of
Section  3140   3410  of the Family Code
shall apply to communications between courts under this subdivision.
   (5) The Judicial Council shall, on or before January 1, 2013,
adopt rules of court to implement the provisions of this subdivision.

   (c) For purposes of this section, "custody or visitation
proceeding" means a proceeding described in Section 3021 of the
Family Code that relates to the rights to custody or visitation of
the minor under Part 2 (commencing with Section 3020) of Division 8
of the Family Code.