BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1476| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 SB 1476 Page 2 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 SB 1476 Page 3 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. SB 1476 Page 4 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. SB 1476 Page 5 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 SB 1476 Page 6 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 SB 1476 Page 7 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 **** END ****