BILL NUMBER: AB 1843	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Members Jones and Gordon

                        FEBRUARY 18, 2014

   An act to amend  Section   Sections 
3025.5  and 3111  of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1843, as amended, Jones. Child custody evaluations:
confidentiality. 
   Under existing law, reports containing psychological evaluations
of a child or recommendations regarding custody of, or visitation
with, a child, that are submitted to the court in a proceeding
involving child custody or visitation, are required to be kept in the
confidential portion of court files, and may be made available only
to specified persons.  
   This bill would make a technical, nonsubstantive change to that
provision.  
   Existing law authorizes a court, in any contested child custody or
visitation rights proceeding, to appoint a child custody evaluator
to conduct a child custody evaluation, as specified, if the court
determines it is in the best interests of the child. Existing law
requires the child custody evaluator, if directed by the court, to
file a written confidential report on his or her evaluation at least
10 days before any hearing regarding the custody of the child with
the clerk of the court, as specified. Existing law requires this
report to be served on the parties or their attorneys, and any other
counsel appointed for the child. Existing law otherwise prohibits the
disclosure of the report, except in certain probate guardianship
proceedings, as specified.  
   Existing law requires the information from a report containing
psychological evaluations of a child or recommendations regarding
custody or visitation submitted to the court in any proceeding
involving child custody or visitation rights to be contained in a
document that is to be placed in the confidential portion of the
court file. Existing law applies this requirement to, among other
things, the written confidential report described above, child
custody or visitation recommendations made to the court pursuant to
mediation proceedings, and a written statement of issues and
contentions put forth by a child's appointed counsel. Existing law
prohibits these reports and recommendations from being disclosed,
except to specified persons, including, among others, a party to the
proceeding or his or her attorney, a federal or state law enforcement
officer, a court employee acting within the scope of his or her
duties, a child's appointed counsel, or any other person upon order
of the court for good cause.  
   The bill would make a clarifying change to authorize the child
custody evaluator's written confidential report to be disclosed
pursuant to the provisions described above. The bill would delete an
obsolete provision relating to the written statement of issues and
contentions put forth by a child's appointed counsel. 
   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 3025.5 of the Family Code is amended to read:
   3025.5.  In a proceeding involving child custody or visitation
rights, if a report containing psychological evaluations of a child
or recommendations regarding custody of, or visitation with, a child
is submitted to the court, including, but not limited to, a report
created pursuant to Chapter 6 (commencing with Section 3110) of this
 part,   part and  a recommendation made to
the court pursuant to Section 3183,  and a written statement
of issues and contentions pursuant to subdivision (b) of Section
3151,  that information shall be contained in a document
that shall be placed in the confidential portion of the court file of
the proceeding, and may not be disclosed, except to the following
persons:
   (a) A party to the proceeding and his or her attorney.
   (b) A federal or state law enforcement officer, judicial officer,
court employee, or family court facilitator of the superior court of
the county in which the action was filed, or an employee or agent of
that facilitator, acting within the scope of his or her duties.
   (c) Counsel appointed for the child pursuant to Section 3150.
   (d) Any other person upon order of the court for good cause.
   SEC. 2.    Section 3111 of the   Family Code
  is amended to read: 
   3111.  (a) In any contested proceeding involving child custody or
visitation rights, the court may appoint a child custody evaluator to
conduct a child custody evaluation in cases where the court
determines it is in the best interests of the child. The child
custody evaluation shall be conducted in accordance with the
standards adopted by the Judicial Council pursuant to Section 3117,
and all other standards adopted by the Judicial Council regarding
child custody evaluations. If directed by the court, the
court-appointed child custody evaluator shall file a written
confidential report on his or her evaluation. At least 10 days before
any hearing regarding custody of the child, the report shall be
filed with the clerk of the court in which the custody hearing will
be conducted and served on the parties or their attorneys, and any
other counsel appointed for the child pursuant to Section 3150. The
report may be considered by the court.
   (b) The report shall not be made available other than as provided
in subdivision (a)  or Section 3025.5  , or as described in
Section 204 of the Welfare and Institutions Code or Section 1514.5 of
the Probate Code. Any information obtained from access to a juvenile
court case file, as defined in subdivision (e) of Section 827 of the
Welfare and Institutions Code, is confidential and shall only be
disseminated as provided by paragraph (4) of subdivision (a) of
Section 827 of the Welfare and Institutions Code.
   (c) The report may be received in evidence on stipulation of all
interested parties and is competent evidence as to all matters
contained in the report.
   (d) If the court determines that an unwarranted disclosure of a
written confidential report has been made, the court may impose a
monetary sanction against the disclosing party. The sanction shall be
in an amount sufficient to deter repetition of the conduct, and may
include reasonable attorney's fees, costs incurred, or both, unless
the court finds that the disclosing party acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust. The court shall not impose a sanction pursuant to
this subdivision that imposes an unreasonable financial burden on the
party against whom the sanction is imposed. This subdivision shall
become operative on January 1, 2010.
   (e) The Judicial Council shall, by January 1, 2010, do the
following:
   (1) Adopt a form to be served with every child custody evaluation
report that informs the report recipient of the confidentiality of
the report and the potential consequences for the unwarranted
disclosure of the report.
   (2) Adopt a rule of court to require that, when a court-ordered
child custody evaluation report is served on the parties, the form
specified in paragraph (1) shall be included with the report.
   (f) For purposes of this section, a disclosure is unwarranted if
it is done either recklessly or maliciously, and is not in the best
interests of the child.