BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1476|
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UNFINISHED BUSINESS
Bill No: SB 1476
Author: Leno (D)
Amended: 8/22/12
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 5/8/12
AYES: Evans, Corbett, Leno
NOES: Harman, Blakeslee
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/24/12
AYES: Kehoe, Alquist, Lieu, Price, Steinberg
NOES: Walters, Dutton
SENATE FLOOR : 24-13, 5/30/12
AYES: Alquist, Calderon, Corbett, Correa, De León,
DeSaulnier, Evans, Hancock, Hernandez, Kehoe, Leno, Lieu,
Liu, Lowenthal, Negrete McLeod, Padilla, Pavley, Price,
Simitian, Steinberg, Vargas, Wolk, Wright, Yee
NOES: Anderson, Berryhill, Blakeslee, Cannella, Dutton,
Emmerson, Fuller, Gaines, Harman, Huff, La Malfa,
Walters, Wyland
NO VOTE RECORDED: Rubio, Runner, Strickland
ASSEMBLY FLOOR : 52-27, 8/27/12 - See last page for vote
SUBJECT : Family law: parentage
SOURCE : University of San Diego Childrens Advocacy
Institute
National Center for Lesbian Rights
CONTINUED
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DIGEST : This bill permits a court, in appropriate cases,
to find that a child has more than two legal parents.
Assembly Amendments (1) in any case in which a child has
more than two legal parents, require the application of the
statewide uniform guideline as required by federal
regulations, unless the court finds the application of the
guideline in that case is a special circumstance, (2) adds
"cases in which a child is found to have more than two
legal parents" as a special circumstance that may be used
to show the application of the child support formula is
unjust or inappropriate, and (3) states that Section 1.5 of
the bill shall not take effect if SB 1064 (De León) is
enacted prior to this bill.
ANALYSIS : Existing law:
1.Establishes the California Uniform Parentage Act.
Defines a parent and child relationship as the legal
relationship existing between a child and the child's
natural or adoptive parents incident to which the law
confers or imposes rights, privileges, duties and
obligations. The term includes the mother and child
relationship and the father and child relationship.
2.Provides that the child of a wife who is living with her
husband, who is not sterile, is conclusively presumed to
be a child of the marriage, except as provided.
3.Defines a man as a presumed father if, among other
things: a) he was married to the child's mother and the
child was born within 300 days of the marriage; b) he
attempted to marry the child's mother; or, c) he holds
the child out as his own. Requires that these
presumptions be applied gender neutrally.
4.If two or more paternity presumptions conflict with one
another, the presumption that is founded on the weightier
considerations of policy and logic controls. Provides
that a presumption of parentage is rebutted by a judgment
establishing paternity of the child by another man.
5.Provides that paternity may be established by voluntary
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declaration for unmarried parents, or through a civil
action brought by any interested party, as specified.
6.Provides that domestic partners have the same rights,
protections, and benefits, and shall be subject to the
same responsibilities, obligations and duties under law
as are granted to and imposed on spouses.
7.Outlines factors the court shall consider in determining
the best interest of the child, including, among others,
the health, safety, and welfare of the child; any history
of abuse by one parent or any other person seeking
custody against another child, the other parent, a spouse
or significant other; the nature and amount of contact
the child has with both parents; and any other factors
the court finds relevant.
8.Provides that custody of a child should be granted in the
following order of preference: to parents jointly; to
either parent taking into consideration which parent is
more likely to allow the child frequent and continuing
contact with the noncustodial parent; to the person in
whose home the child has been living in a wholesome and
stable environment. Allows the court and the family the
widest discretion to choose a parenting plan that is in
the best interest of the child.
9.Provides a formula for calculating child support, and
provides a rebuttable presumption that the formula
results in a correct amount. This presumption can be
rebutted by, among other factors, the fact that
application of the formula would be unjust or
inappropriate due to special circumstances.
This bill:
1.Provides that nothing in the Uniform Parentage Act should
be construed to preclude a finding that a child has a
parent-child relationship with more than two parents.
2.Allows a court to find that a presumption of paternity is
not necessarily rebutted by a judgment establishing
paternity by another person.
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3.Provides that where two or more claims or presumptions of
parentage have been established, a court may find that a
child has more than two natural or adoptive parents if it
is required to serve the best interests of the child.
Requires the court, in determining the best interest of
the child, to consider the nature, duration, and quality
of the presumed or claimed parents' relationships with
the child, and the benefit or detriment to the child of
continuing those relationships.
4.Provides that in any case where a child has more than two
legal parents, the court shall allocate custody and
visitation among the parents based on the best interest
of the child, including, but not limited to stability for
the child. States that this may mean that not all parents
share legal or physical custody of the child.
5.Provides that the statewide child support guideline shall
apply in any case with more than two parents, unless the
court finds that application of the guideline is unjust
or inappropriate. Provides that the guideline amount may
be rebutted in any case where a child has more than two
legal parents. Provides that this shall not be construed
to require reprogramming of the California Child Support
Automation System, a change in the guideline, or a
revision in any Department of Child Support Services'
regulation, policy, procedure, form or training material.
6.Contains chaptering out amendments for SB 1064 (De León).
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
According to the Senate Appropriations Committee:
Potential future cost pressure of approximately $6.4
million (General Fund) to the Department of Child Support
Services to the extent the Department could be required
to re-program the child support guideline calculator and
Child Support Enforcement automation system to reflect an
adjusted statewide uniform guideline in the future due to
the provisions of this bill.
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Near-term costs to the courts likely less than $25,000
(General Fund) per year to determine child support
obligations by deviating from the statewide uniform
guideline and adjusting the child support payment formula
as specified, to the extent allowable under the
provisions of this bill.
Potential cost pressure on the Judicial Council to review
the statewide uniform guideline and recommend potential
revisions to the Legislature in advance of the four-year
interval specified under existing law.
SUPPORT : (Verified 8/27/12)
University of San Diego School of Law's Children's Advocacy
Institute (co-source)
National Center for Lesbian Rights (co-source)
California Alliance of Child and Family Services
California Welfare Directors Association
Children's Law Center of California
Equality California
Friends Committee on Legislation
Legal Services for Children
National Association of Counsel for Children
National Association of Social Workers
Our Family Coalition
Public Counsel Law Center - The Public Interest Law Office
of the Los
Angeles County and Beverly Hills Bar Associations,
Children's Rights
Project
Youth Law Center
OPPOSITION : (Verified 8/27/12)
Association of Certified Family Law Specialists
Association of Family and Conciliation Courts
California Protective Parents Association
ARGUMENTS IN SUPPORT : In support of this bill, the
author writes:
Families are formed in many different ways that were
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not considered when the parentage laws were written.
Meanwhile, courts see these situations on a daily
basis and need more tools to protect the best
interests of children. ?
SB 1476 protects children by allowing judges, based on
the evidence, to recognize the bonds between children
and their parents. Recognition of legal parenthood
also gives the child the right to support from all her
parents, as well as access to health insurance,
benefits, and inheritance rights. Recognizing these
families can also reduce the state's financial
responsibility for the child because all parents have
the obligation to support the child. In dependency
actions, if a child has more than two parents, legal
acknowledgement of more than two of those parents may
keep the child out of foster care by giving the court
more options for placement.
ARGUMENTS IN OPPOSITION : The opposition to this bill is
concerned that unintended consequences of this bill will be
overly burdensome on the courts. The Association of
Certified Family Law Specialists argues that "parentage can
be litigated in all sorts of proceedings and legal
parentage may include different rights in other areas of
federal and state law, including citizenship, tax
deductions, social security, educational proceedings,
probate, wrongful death, and so on. A statute expanding
legal parenthood has to thoughtfully consider the
implications in these myriad of other contexts." On a
similar note, regarding the issue of child support, the
Association of Family Conciliation Courts argues that,
"Ýt]he current statewide guideline is not set up to handle
child support between more than two parents. The courts
have no money and there is no one to pay for totally
overhauling the existing formula, software, etc. to make
such a law effective."
The Association of Family Conciliation Courts has expressed
concern that "this bill does not provide for any limitation
of these potential parents. A child's time can barely be
handled effectively between two conflicted parents, and
often the children are caught in the middle. If three or
four different people with "parental" claims have differing
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perspectives regarding the child we will have created an
untenable situation for the child and an even greater
degree of conflict."
ASSEMBLY FLOOR : 52-27, 8/27/12
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie
Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V.
Manuel Pérez, Portantino, Skinner, Solorio, Swanson,
Torres, Wieckowski, Williams, Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Beth Gaines, Garrick, Gorell, Grove, Hagman, Halderman,
Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller,
Morrell, Nestande, Nielsen, Norby, Olsen, Silva, Smyth,
Valadao, Wagner
NO VOTE RECORDED: Fletcher
RJG:nm 8/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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