AB 1843, as amended, Jones. Child custody evaluations: confidentiality.
Existing
end deletebegin insert(1)end insertbegin insert end insertbegin insertExistingend insert 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.
begin insertThis bill would additionally authorize the disclosure of this confidential information to the licensing entity of a child custody evaluator and would prescribe the manner in which the licensing entity is authorized to use the confidential information disclosed to it, as specified.
end insertThe
end delete
begin insertThisend insert bill would make a clarifying change to authorize thebegin insert disclosure of aend insert child custody evaluator’s written confidential reportbegin delete to be disclosedend delete
pursuant to the provisions described abovebegin insert and would specify that a disclosure to the licensing entity of a child custody evaluator is not an unwarranted disclosure, as specifiedend insert. The bill would delete an obsolete provision relating to the written statement of issues and contentions put forth by a child’s appointed counsel.
(2) Existing law requires a board, as defined, within the Department of Consumer Affairs, upon receipt of any complaint respecting a licentiate, to notify the complainant of the initial and final action taken on his or her complaint, as specified. Existing law requires the board, when it deems appropriate, to notify the person against whom the complaint is made of the nature of the complaint and authorizes the board to request appropriate relief for the complainant and meet and confer with the complainant and the licentiate in order to mediate the complaint.
end insertbegin insertThis bill would, notwithstanding any other law, require the board, upon receipt of a child custody evaluation report, as specified, to notify the noncomplaining party in the underlying child custody dispute who is a subject of that report, of the pending investigation.
end insertVote: majority.
Appropriation: no.
Fiscal committee: begin deleteno end deletebegin insertyesend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 129 of the end insertbegin insertBusiness and Professions Codeend insert
2begin insert is amended to read:end insert
(a) As used in this section, “board” means every board,
4bureau, commission, committee and similarly constituted agency
5in the department which issues licenses.
6(b) Each board shall, upon receipt of any complaint respecting
7a licentiate thereof, notify the complainant of the initial
8administrative action taken on his complaint within 10 days of
9receipt. Each board shall thereafter notify the complainant of the
10final action taken on his complaint. There shall be a notification
11made in every case in which the complainant is known. If the
12complaint is not within the jurisdiction of the board or if the board
13is unable to dispose satisfactorily of the complaint, the board shall
14transmit the complaint together with any evidence or
information
15it has concerning the complaint to the agency, public or private,
16whose authority in the opinion of the board will provide the most
17effective means to secure the relief sought. The board shall notify
18the complainant of such action and of any other means which may
19be available to the complainant to secure relief.
20(c) The board shall, when the board deems it appropriate, notify
21the person against whom the complaint is made of the nature of
22the complaint, may request appropriate relief for the complainant,
23and may meet and confer with the complainant and the licentiate
24in order to mediate the complaint. Nothing in this subdivision shall
25be construed as authorizing or requiring any board to set or to
26modify any fee charged by a licentiate.
27(d) It shall be the continuing duty of the board to ascertain
28patterns of complaints and to report on all actions taken with
29respect to
such patterns of complaints to the director and to the
30Legislature at least once a year. The board shall evaluate those
31complaints dismissed for lack of jurisdiction or no violation and
32recommend to the director and to the Legislature at least once a
33year such statutory changes as it deems necessary to implement
34the board’s functions and responsibilities under this section.
35(e) It shall be the continuing duty of the board to take whatever
36action it deems necessary, with the approval of the director, to
37inform the public of its functions under this section.
P4 1(f) Notwithstanding any other law, upon receipt of a child
2custody evaluation report submitted to a court pursuant to Chapter
36 (commencing with Section 3110) of Part 2 of Division 8 of the
4Family Code, the board shall notify the noncomplaining
party in
5the underlying custody dispute who is a subject of that report, of
6the pending investigation.
Section 3025.5 of the Family Code is amended to read:
begin insert(a)end insertbegin insert end insert In a proceeding involving child custody or
10visitation rights, if a report containing psychological evaluations
11of a child or recommendations regarding custody of, or visitation
12with, a child is submitted to the court, including, but not limited
13to, a report created pursuant to Chapter 6 (commencing with
14Section 3110) of this part and a recommendation made to the court
15pursuant to Section 3183, that information shall be contained in a
16document that shall be placed in the confidential portion of the
17court file of the proceeding, and may not be
disclosed, except to
18the following persons:
19(a)
end delete20begin insert(1)end insert A party to the proceeding and his or her attorney.
21(b)
end delete
22begin insert(2)end insert A federal or state law enforcement officer,begin insert the licensing
23entity of a child custody evaluator, aend insert
judicial officer, court
24employee, or family court facilitator of the superior court of the
25county in which the action was filed, or an employee or agent of
26that facilitator, acting within the scope of his or her duties.
27(c)
end delete28begin insert(3)end insert Counsel appointed for the child pursuant to Section 3150.
29(d)
end delete30begin insert(4)end insert Any other person upon order of the court for good cause.
begin insert
31(b) Confidential information contained in a report prepared
32pursuant to Section 3111 that is disclosed to the licensing entity
33of a child custody evaluator pursuant to subdivision (a) shall
34remain confidential and shall only be used for purposes of
35investigating allegations of unprofessional conduct by the child
36custody evaluator, or in a criminal, civil, or administrative
37proceeding involving the child custody evaluator. All confidential
38information including, but not limited to, the identity of any minors
39shall retain their confidential nature in any criminal, civil, or
40administrative proceeding resulting from the investigation of
P5 1unprofessional conduct and shall be sealed at the conclusion of
2the proceeding and shall not subsequently be released. Names that
3are confidential shall be
listed in attachments separate from the
4general pleadings. If the confidential information does not result
5in a criminal, civil, or administrative proceeding, it shall be sealed
6after the licensing entity decides that no further action will be
7taken in the matter of suspected licensing violations.
Section 3111 of the Family Code is amended to read:
(a) In any contested proceeding involving child custody
11or visitation rights, the court may appoint a child custody evaluator
12to conduct a child custody evaluation in cases where the court
13determines it is in the best interests of the child. The child custody
14evaluation shall be conducted in accordance with the standards
15adopted by the Judicial Council pursuant to Section 3117, and all
16other standards adopted by the Judicial Council regarding child
17custody evaluations. If directed by the court, the court-appointed
18child custody evaluator shall file a written confidential report on
19his or her evaluation. At least 10 days before any hearing regarding
20custody of the child, the report shall be filed with the clerk of
the
21court in which the custody hearing will be conducted and served
22on the parties or their attorneys, and any other counsel appointed
23for the child pursuant to Section 3150. The report may be
24considered by the court.
25(b) The report shall not be made available other than as provided
26in subdivision (a) or Section 3025.5, or as described in Section
27204 of the Welfare and Institutions Code or Section 1514.5 of the
28Probate Code. Any information obtained from access to a juvenile
29court case file, as defined in subdivision (e) of Section 827 of the
30Welfare and Institutions Code, is confidential and shall only be
31disseminated as provided by paragraph (4) of subdivision (a) of
32Section 827 of the Welfare and Institutions Code.
33(c) The report may be received in evidence on stipulation of
all
34interested parties and is competent evidence as to all matters
35
contained in the report.
36(d) If the court determines that an unwarranted disclosure of a
37written confidential report has been made, the court may impose
38a monetary sanction against the disclosing party. The sanction
39shall be in an amount sufficient to deter repetition of the conduct,
40and may include reasonable attorney’s fees, costs incurred, or both,
P6 1unless the court finds that the disclosing party acted with substantial
2justification or that other circumstances make the imposition of
3the sanction unjust. The court shall not impose a sanction pursuant
4to this subdivision that imposes an unreasonable financial burden
5on the party against whom the sanction is imposed. This
6subdivision shall become operative on January 1, 2010.
7(e) The Judicial Council shall, by
January 1, 2010, do the
8following:
9(1) Adopt a form to be served with every child custody
10evaluation report that informs the report recipient of the
11confidentiality of the report and the potential consequences for the
12unwarranted disclosure of the report.
13(2) Adopt a rule of court to require that, when a court-ordered
14child custody evaluation report is served on the parties, the form
15specified in paragraph (1) shall be included with the report.
16(f) For purposes of this section, a disclosure is unwarranted if
17it is done either recklessly or maliciously, and is not in the best
18interests of the child.
19(g) For purposes of this section, a disclosure of the confidential
20written report to the licensing entity of a child custody evaluator
21is not an unwarranted disclosure.
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