BILL ANALYSIS Ó
AB 1843
Page 1
Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 1843 (Jones and Gordon) - As Amended: March 28, 2014
PROPOSED CONSENT
SUBJECT : FAMILY LAW: CHILD CUSTODY EVALUATIONS
KEY ISSUE : SHOULD TECHNICAL, NON-SUBSTANTIVE CORRECTIONS BE
MADE TO THE CHILD CUSTODY EVALUATION STATUTE?
SYNOPSIS
This non-controversial bill makes two technical corrections to
the law regarding child custody evaluations. First, this bill
adds in a necessary cross-reference to ensure that the
confidential child custody report is disclosed as already
specifically provided for in the Family Code. Second, the bill
deletes a reference to a written statement prepared by minor's
counsel. That report is no longer permitted; and, thus, the
reference to it needs to be deleted. As drafted, the bill has
no opposition.
SUMMARY : Makes technical changes to child custody evaluations.
Specifically, this bill :
1)Since the written statement of issues that was required to be
submitted by minor's counsel no longer exists, deletes the
requirement that the statement of issues, if it contains
psychological evaluations of the child or recommendations
regarding custody of the child, be placed in the confidential
section of the court file.
2)Provides the necessary cross-reference to ensure that the
confidential child custody evaluation is only released as
specified.
EXISTING LAW :
1)States that the health, safety and welfare of children is the
court's primary concern when determining the best interests
of children for child custody and visitation orders. (Family
Code Section 3020. Unless otherwise stated, all further
AB 1843
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statutory references are to that code.)
2)Permits the court, in a contested child custody or visitation
proceeding where the court determines it is in the best
interests of the child, to appoint an evaluator to conduct a
child custody evaluation. Allows the court to require a
written confidential report on the evaluation, which shall be
filed with the clerk and served on the parties or their
counsel and any minor's counsel. (Family Code Section 3111.)
3)Requires that the confidential child custody report not be
made available other than to the parties or their counsel,
any minor's counsel, a court, child protective services, a
probation officer, or a guardianship investigator. Provides
that the information in the report received from a juvenile
court case file is confidential and may only be disseminated
as provided. (Id.)
4)Requires that the confidential child custody report may not
be disclosed except to the following:
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) Minor's counsel appointed for the child; or
d) Any other person upon order of the court for good
cause. (Section 3025.5.)
5)Establishes qualifications required of child custody
evaluators. Sets forth initial and continuing domestic
violence training for child custody mediators, investigators
and evaluators. Court rules specify qualifications for
evaluators and specify the scope of the evaluation.
(Sections 1816, 3110.5, 3117; Rules of Court 5.220, 5.225.)
6)Requires that local rules include a complaint procedure for
mediators and evaluators. (Rules of Court 5.210 and 5.220.)
7)Allows the court to appoint a minor's counsel to represent a
child's best interests during a custody dispute, but no
longer permits the minor's counsel to provide the court with
a written statement of issues and contentions. (Section 3150
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et seq.)
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : This non-controversial bill makes two technical
corrections to the law regarding child custody evaluations.
First, this bill adds in a necessary cross-reference to ensure
that the confidential child custody report can be disclosed as
already specifically provided for in the Family Code. Second,
the bill deletes a reference to a written statement of issues
and contentions prepared by minor's counsel. That report is no
longer permitted pursuant to this Committee's AB 939 (Chap.
352, Stats. 2010). Since the written statement no longer
exists, the reference to it in this other code section needs to
be deleted. These two changes are purely technical and do not
change the substantive law.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file
Opposition
None on file
Analysis Prepared by : Leora Gershenzon / JUD. / (916) 319-2334