Amended in Senate June 11, 2014

Amended in Assembly May 23, 2014

Amended in Assembly March 28, 2014

Amended in Assembly March 19, 2014

Amended in Assembly March 11, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2034

Introduced by Assembly Member Gatto

February 20, 2014

An act to begin delete add Section 2361 to, and to add Part 7.5 (commencing with Section 3250) to Division 4 of the Probate Code end delete begin insert amend Section 15657.03 of the Welfare and Institutions Code end insert , relating to begin delete family relations end delete begin insert protective orders end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 2034, as amended, Gatto. Family relations: family begin delete visitation and conservatorships. end delete begin insert visitation: protective orders. end insert

begin insert

Existing law authorizes a conservator or a trustee of an elder or dependent adult, an attorney-in-fact of an elder or dependent adult, a person appointed as a guardian ad litem for an elder or dependent adult, or another person legally authorized to seek a protective order on behalf of an elder or dependent adult who has suffered physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering, or the deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering.

end insert begin insert

This bill would additionally allow a petition to be brought by an adult child of an abused elder or dependent adult to enjoin a party from interfering with visitation between the adult child and the abused elder or dependent adult when an elder or dependent adult has suffered abuse in the form of isolation, as defined, and would allow a court to make an order enjoining a party from isolating or otherwise interfering with the visitation of the abused elder or dependent adult.

end insert begin insert

The bill would require the court to appoint counsel for the abused elder or dependent adult and would require the appointed counsel to be paid for by the adult child who brings the petition. The bill would require the appointed counsel to submit a report to the court regarding whether the abused elder or adult desires the proposed visitation, among other things. The bill would require this report to be confidential, except as provided, and would make legislative findings and declarations regarding the privacy interests affected by the reports that are protected by the bill.

end insert begin insert

Because a violation of a court order issued pursuant to the above provisions would be punishable as contempt, a misdemeanor, this bill would create a new crime and would thereby impose a state-mandated local program.

end insert begin delete

(1) Existing law establishes procedures by which a court may grant reasonable visitation rights to a parent of a minor child, unless it is shown that the visitation would be detrimental to the best interests of the child. Existing law requires the court, when determining the best interest of the child, to consider, among other factors, the health, safety, and welfare of the child.

end delete begin delete

This bill would establish procedures by which a court may grant reasonable visitation rights to an adult child if a proposed visitee, as defined, expresses a desire for that visitation. The bill would require a court investigator to prepare a report that contains, among other things, interviews of specified individuals, a determination of whether the proposed visitee has the capacity to consent to the requested visitation, and a determination of whether the proposed visitee desires the proposed visitation. The bill would make the court investigator’s report confidential and would make legislative findings and declarations regarding the privacy interests affected by the investigations that are protected by the bill. The bill would direct the court to consider, among other things, the history of the relationship between the proposed visitee and the adult child, any power of attorney or estate planning document that expresses an opinion on visitation, and the report prepared by the court investigator.

end delete begin delete

(2) Existing law requires a conservator of a person to be responsible for the care, custody, control, and education of a conservatee, except where the court, in its discretion, limits the powers and duties of the conservator, as specified. Existing law provides that the conservator’s control of the conservatee shall not extend to personal rights retained by the conservatee, including, but not limited to, the right to receive visitors, telephone calls, and personal mail, unless specifically limited by a court order.

end delete begin delete

This bill would require a conservator to inform, as soon as reasonably possible, the relatives of a conservatee whenever a conservatee dies or has been hospitalized in a general acute care hospital for a period of 3 days or more and would require the conservator, in the event of death of the conservatee, to inform, as soon as reasonably possible, the relatives of any funeral arrangements and the location of the conservatee’s final resting place.

end delete

This bill would make a legislative finding that declares every adult in this state has the right to visit with, and receive mail and telephone or electronic communication from, whomever he or she so chooses, unless a court has specifically ordered otherwise.

begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares that every
adult in this state has the right to visit with, and receive mail and
telephone or electronic communication from, whomever he or she
so chooses, unless a court has specifically ordered otherwise.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 15657.03 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

15657.03.  

(a) (1) An elder or dependent adult who has suffered
abuse as defined in Section 15610.07 may seek protective orders
as provided in this section.

(2) A petition may be brought on behalf of an abused elder or
dependent adult by a conservator or a trustee of the elder or
dependent adult, an attorney-in-fact of an elder or dependent adult
who acts within the authority of the power of attorney, a person
appointed as a guardian ad litem for the elder or dependent adult,
or other person legally authorized to seek such relief.

begin insert

(3) In addition to paragraph (2), when an elder or dependent
adult has suffered abuse in the form of isolation, as defined in
Section 15610.43, a petition may be brought by an adult child of
the abused elder or dependent adult to enjoin a party from
interfering with visitation between the adult child and the abused
elder or dependent adult.

end insert begin insert

(A) The court shall not issue an ex parte order if a petition has
been brought by an adult child pursuant to this paragraph.

end insert begin insert

(B) The court shall appoint counsel for the abused elder or
dependent adult if a petition has been brought by an adult child
pursuant to this paragraph to determine whether or not visitation
is desired by the abused elder or dependent adult. The appointed
counsel shall be paid for by the adult child who brings the petition.
Prior to the hearing, counsel appointed pursuant to this
subparagraph shall do all of the following:

end insert begin insert

(i) Interview the abused elder or dependent adult for whom the
petitioner is seeking visitation.

end insert begin insert

(ii) Inform the abused elder or dependent adult of the contents
of the petition.

end insert begin insert

(iii) Determine whether the abused elder or dependent adult
has the capacity to consent to the proposed visitation.

end insert begin insert

(iv) Determine whether the abused elder or dependent adult
desires the proposed visitation.

end insert begin insert

(C) The counsel appointed pursuant to subparagraph (B) shall
report to the court on all of the requirements of clause (i) to (iv),
inclusive, of subparagraph (B), at least five days before the
hearing. A copy of the report shall be given to the attorney, if any,
for the adult child who has filed the petition for visitation, to the
party who is alleged to be isolating the abused elder or dependent
adult from the petitioner who is seeking visitation, and any other
persons as the court orders.

end insert begin insert

(D) The report required by subparagraph (C) is confidential
and shall be made available only to parties and persons described
in subparagraph (C), persons given notice of the petition who have
requested the report or who have appeared in the proceedings and
their attorneys of record, and the court.

end insert begin insert

(E) If a report has been received by the court for an abused
elder or dependent adult pursuant to a petition for visitation
pursuant to this paragraph within the preceding 12 months, the
court may order, upon good cause shown, that another report is
not necessary or that a more limited investigation may be
conducted.

end insert begin insert

(F) A petition brought pursuant to this paragraph may be
brought in the department of the superior court having jurisdiction
over probate conservatorships. If the court determines that the
matter should be determined in a civil action, the court may instead
transfer the matter to the general civil calendar of the superior
court.

end insert

(b) For the purposes of this section:

begin insert

(1) “Adult child” means an individual who is 18 years of age
or older and is related to the proposed visitee biologically, through
adoption, through the marriage or former marriage of the proposed
visitee to the adult child’s biological parent, or by a judgment of
parentage entered by a court of competent jurisdiction.

end insert begin delete

(1)

end delete

begin insert (2) end insert  “Conservator” means the legally appointed conservator of
the person or estate of the petitioner, or both.

begin delete

(2) “Petitioner”

end delete

begin insert (3) end insert begin insert   end insert begin insert (A) end insert begin insert   end insert begin insert Except as provided in subparagraph (B), “petitioner” end insert
means the elder or dependent adult to be protected by the protective
orders and, if the court grants the petition, the protected person.

begin insert

(B) If a petition is brought pursuant to paragraph (3) of
subdivision (a), then “petitioner” means the adult child who has
filed the petition to enjoin a party from interfering with visitation
between the adult child and an abused elder or dependent adult.

end insert begin delete

(3)

end delete

begin insert (4) end insert  “Protective order” means an order that includes any of the
following restraining orders, whether issued ex parte, after notice
and hearing, or in a judgment:

(A) An order enjoining a party from abusing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of, the petitioner,
and, in the discretion of the court, on a showing of good cause, of
other named family or household members or a conservator, if
any, of the petitioner.

(B) An order excluding a party from the petitioner’s residence
or dwelling, except that this order shall not be issued if legal or
equitable title to, or lease of, the residence or dwelling is in the
sole name of the party to be excluded, or is in the name of the party
to be excluded and any other party besides the petitioner.

begin insert

(C) An order enjoining a party from isolating or otherwise
interfering with visitation between an elder or dependent adult
that has suffered abuse in the form of isolation, as defined in
Section 15610.43, and an adult child of the abused elder or
dependent adult who has brought a petition pursuant to paragraph
(3) of subdivision (a).

end insert begin delete

(C)

end delete

begin insert (D) end insert  An order enjoining a party from specified behavior that the
court determines is necessary to effectuate orders described in
subparagraph begin delete (A) or (B). end delete begin insert (A), (B), or (C), end insert

(4) “Respondent” means the person against whom the protective
orders are sought and, if the petition is granted, the restrained
person.

(c)  begin delete An end delete begin insert Except upon a petition brought pursuant to paragraph
(3) of subdivision (a), an end insert order may be issued under this section,
with or without notice, to restrain any person for the purpose of
preventing a recurrence of abuse, if a declaration shows, to the
satisfaction of the court, reasonable proof of a past act or acts of
abuse of the petitioning elder or dependent adult.

(d)  begin delete Upon end delete begin insert Except upon a petition brought pursuant to paragraph
(3) of subdivision (a), upon end insert filing a petition for protective orders
under this section, the petitioner may obtain a temporary restraining
order in accordance with Section 527 of the Code of Civil
Procedure, except to the extent this section provides a rule that is
inconsistent. The temporary restraining order may include any of
the protective orders described in paragraph begin delete (3) end delete begin insert (4) end insert of subdivision
(b). However, the court may issue an ex parte order excluding a
party from the petitioner’s residence or dwelling only on a showing
of all of the following:

(1) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to possession
of the premises.

(2) That the party to be excluded has assaulted or threatens to
assault the petitioner, other named family or household member
of the petitioner, or a conservator of the petitioner.

(3) That physical or emotional harm would otherwise result to
the petitioner, other named family or household member of the
petitioner, or a conservator of the petitioner.

(e)  begin delete A end delete begin insert Except upon a petition brought pursuant to paragraph
(3) of subdivision (a), a end insert request for the issuance of a temporary
restraining order without notice under this section shall be granted
or denied on the same day that the petition is submitted to the
court, unless the petition is filed too late in the day to permit
effective review, in which case the order shall be granted or denied
on the next day of judicial business in sufficient time for the order
to be filed that day with the clerk of the court.

(f) Within 21 days, or, if good cause appears to the court, 25
days, from the date that a request for a temporary restraining order
is granted or denied, a hearing shall be held on the petition. If no
request for temporary orders is made, the hearing shall be held
within 21 days, or, if good cause appears to the court, 25 days,
from the date that the petition is filed.

(g) The respondent may file a response that explains or denies
the alleged abuse begin insert or isolation end insert .

(h) The court may issue, upon notice and a hearing, any of the
orders set forth in paragraph begin delete (3) end delete begin insert (4) end insert of subdivision (b). The court
may issue, after notice and hearing, an order excluding a person
from a residence or dwelling if the court finds that physical or
emotional harm would otherwise result to the petitioner, other
named family or household member of the petitioner, or
conservator of the petitioner.

(i) (1) In the discretion of the court, an order issued after notice
and a hearing under this section may have a duration of not more
than five years, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. These orders may be renewed upon
the request of a party, either for five years or permanently, without
a showing of any further abuse since the issuance of the original
order, subject to termination or modification by further order of
the court either on written stipulation filed with the court or on the
motion of a party. The request for renewal may be brought at any
time within the three months before the expiration of the order.

(2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date
of issuance.

(3) If an action is filed for the purpose of terminating or
modifying a protective order prior to the expiration date specified
in the order by a party other than the protected party, the party
who is protected by the order shall be given notice, pursuant to
subdivision (b) of Section 1005 of the Code of Civil Procedure,
of the proceeding by personal service or, if the protected party has
satisfied the requirements of Chapter 3.1 (commencing with
Section 6205) of Division 7 of Title 1 of the Government Code,
by service on the Secretary of State. If the party who is protected
by the order cannot be notified prior to the hearing for modification
or termination of the protective order, the court shall deny the
motion to modify or terminate the order without prejudice or
continue the hearing until the party who is protected can be
properly noticed and may, upon a showing of good cause, specify
another method for service of process that is reasonably designed
to afford actual notice to the protected party. The protected party
may waive his or her right to notice if he or she is physically
present in court and does not challenge the sufficiency of the notice.

(j) In a proceeding under this section, a support person may
accompany a party in court and, if the party is not represented by
an attorney, may sit with the party at the table that is generally
reserved for the party and the party’s attorney. The support person
is present to provide moral and emotional support for a person
who alleges he or she is a victim of abuse. The support person is
not present as a legal adviser and may not provide legal advice.
The support person may assist the person who alleges he or she is
a victim of abuse in feeling more confident that he or she will not
be injured or threatened by the other party during the proceedings
if the person who alleges he or she is a victim of abuse and the
other party are required to be present in close proximity. This
subdivision does not preclude the court from exercising its
discretion to remove the support person from the courtroom if the
court believes the support person is prompting, swaying, or
influencing the party assisted by the support person.

(k) Upon the filing of a petition for protective orders under this
section, the respondent shall be personally served with a copy of
the petition, notice of the hearing or order to show cause, temporary
restraining order, if any, and any declarations in support of the
petition. Service shall be made at least five days before the hearing.
The court may, on motion of the petitioner or on its own motion,
shorten the time for service on the respondent.

(l) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to five years.

(m) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.

(2) The reissued order shall state on its face the date of
expiration of the order.

(n) (1) If a respondent, named in an order issued under this
section after a hearing, has not been served personally with the
order but has received actual notice of the existence and substance
of the order through personal appearance in court to hear the terms
of the order from the court, no additional proof of service is
required for enforcement of the order.

(2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions
of the restraining order or protective order issued at the hearing
are identical to the temporary restraining order, except for the
duration of the order, then the restraining order or protective order
issued at the hearing may be served on the respondent by first-class
mail sent to the respondent at the most current address for the
respondent that is available to the court.

(3) The Judicial Council form for temporary orders issued
pursuant to this subdivision shall contain a statement in
substantially the following form:

“If you have been personally served with a temporary restraining
order and notice of hearing, but you do not appear at the hearing
either in person or by a lawyer, and a restraining order that is the
same as this temporary restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address: ____.

If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order
at the hearing without substantive change and to find out the
duration of that order, contact the clerk of the court.”

(o) (1) Information on any protective order relating to elder or
dependent adult abuse issued by a court pursuant to this section
shall be transmitted to the Department of Justice in accordance
with either paragraph (2) or (3).

(2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of an order issued under this section,
or a reissuance, extension, modification, or termination of the
order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, extension,
modification, or termination was made, to each law enforcement
agency having jurisdiction over the residence of the petitioner, and
to any additional law enforcement agencies within the court’s
discretion as are requested by the petitioner.

(3) Alternatively, the court or its designee shall transmit, within
one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following
methods:

(A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department
of Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).

(B) With the approval of the Department of Justice, entering
the order or proof of service into CLETS directly.

(4) Each appropriate law enforcement agency shall make
available information as to the existence and current status of these
orders to law enforcement officers responding to the scene of
reported abuse.

(5) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported abuse involving the
parties to the proceeding. The petitioner shall provide the officer
with an endorsed copy of the order and a proof of service, which
the officer shall complete and send to the issuing court.

(6) Upon receiving information at the scene of an incident of
abuse that a protective order has been issued under this section,
or that a person who has been taken into custody is the respondent
to that order, if the protected person cannot produce an endorsed
copy of the order, a law enforcement officer shall immediately
attempt to verify the existence of the order.

(7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and where a written
copy of the order can be obtained, and the officer shall at that time
also enforce the order. The law enforcement officer’s verbal notice
of the terms of the order shall constitute service of the order and
is sufficient notice for the purposes of this section and for the
purposes of Section 273.6 of the Penal Code.

(p) Nothing in this section shall preclude either party from
representation by private counsel or from appearing on the party’s
own behalf.

(q)  begin delete There end delete begin insert Except upon a petition brought pursuant to paragraph
(3) of subdivision (a), there end insert is no filing fee for a petition, response,
or paper seeking the reissuance, modification, or enforcement of
a protective order filed in a proceeding brought pursuant to this
section. begin insert The court may assess a reasonable filing fee for a petition
brought pursuant to paragraph (3) of subdivision (a). end insert

(r)  begin delete Pursuant end delete begin insert Except upon a petition brought pursuant to
paragraph (3) of subdivision (a), pursuant end insert to paragraph (4) of
subdivision (b) of Section 6103.2 of the Government Code, a
petitioner shall not be required to pay a fee for law enforcement
to serve an order issued under this section. begin insert A petitioner shall be
required to pay a fee to law enforcement to serve an order on a
petition brought pursuant to paragraph (3) of subdivision (a). end insert

(s)  begin delete The end delete begin insert Except upon a petition brought pursuant to paragraph
(3) of subdivision (a), the end insert prevailing party in any action brought
under this section may be awarded court costs and attorney’s fees,
if any.

(t) (1) A person subject to a protective order under this section
shall not own, possess, purchase, receive, or attempt to receive a
firearm or ammunition while the protective order is in effect.

(2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.

(3) Every person who owns, possesses, purchases, or receives,
or attempts to purchase or receive a firearm or ammunition while
subject to a protective order issued under this section is punishable
pursuant to Section 29825 of the Penal Code.

(4) This subdivision shall not apply in a case in which the
protective order issued under this section was made solely on the
basis of financial abuse unaccompanied by force, threat,
harassment, intimidation, or any other form of abuse.

(u) Any willful disobedience of any temporary restraining order
or restraining order after hearing granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.

(v) This section does not apply to any action or proceeding
governed by Title 1.6C (commencing with Section 1788) of Part
4 of Division 3 of the Civil Code, by Chapter 3 (commencing with
Section 525) of Title 7 of Part 2 of the Code of Civil Procedure,
or by Division 10 (commencing with Section 6200) of the Family
Code. Nothing in this section shall preclude a petitioner’s right to
use other existing civil remedies.

(w) The Judicial Council shall develop forms, instructions, and
rules relating to matters governed by this section. The petition and
response forms shall be simple and concise, and their use by parties
in actions brought pursuant to this section shall be mandatory.

begin delete

SEC. 2.  

Section 2361 is added to the Probate Code, to read:

2361.  

A conservator shall, as soon as reasonably possible,
inform relatives of a conservatee, as defined in subdivision (b) of
Section 1821, whenever a conservatee dies or has been hospitalized
in a general acute care hospital, as defined in Section 1250 of the
Health and Safety Code, for a period of three days or more. In the
case of death, a conservator shall inform, as soon as reasonably
possible, the relatives of any funeral arrangements and the location
of the conservatee’s final resting place.

SEC. 3.  

Part 7.5 (commencing with Section 3250) is added to
Division 4 of the Probate Code, to read:

 

PART 7.5.  Rights of Adult Children and Visitation

 

3250.  

As used in this part:

(a) “Proposed visitee” means an adult who is a parent and who
does not have a conservator of the person and for whom a visitation
decision is sought.

(b) “Visitation” means any in-person meeting, or any telephonic,
mail, or electronic communication, between a proposed visitee
and his or her adult child.

(c) “Visitation decision” means a decision regarding the
proposed visitee’s visitations, including the following:

(1) Approval or disapproval of any visitation.

(2) The specifics of that visitation, including, but not limited
to, the time, place, and manner of the visitation.

(d) “Adult child” means an individual who is 18 years of age
or older and is related to the proposed visitee biologically, through
adoption, through the marriage or former marriage of the proposed
visitee to the adult child’s biological parent, or by a judgment of
parentage entered by a court of competent jurisdiction.

3251.  

(a) A petition may be filed by an adult child to compel
visitation with a proposed visitee.

(b) In ruling on the petition, the court shall determine if the
proposed visitee has sufficient capacity to make a knowing and
intelligent visitation decision.

(c) If the court determines that the proposed visitee has sufficient
capacity to make a knowing and intelligent visitation decision, the
court shall grant reasonable visitation if the proposed visitee
expresses a desire for visitation.

(d) If the proposed visitee lacks the capacity to make a knowing
and intelligent visitation decision, then the court shall determine
if the proposed visitee would want visitation. In determining
whether or not the proposed visitee would or would not want a
visitation from the petitioner, the court shall consider the following:

(1) The history of the relationship between the proposed visitee
and the petitioner.

(2) Any statements made by the proposed visitee expressing his
or her desire to have a visitation with the petitioner.

(3) Any power of attorney or estate planning document that
expresses an opinion on visitation with the petitioner.

(4) The report of the court investigator prepared pursuant to
Section 3256.

(e) If the court determines that the proposed visitee would want
visitation, the court shall grant reasonable visitation, provided the
court determines that the visitation is in the best interests of the
proposed visitee.

(f) If the court determines that the proposed visitee has sufficient
capacity to make a knowing and intelligent visitation decision and
the proposed visitee expresses that he or she does not desire
visitation then the court shall not grant visitation.

(g) A determination by the court regarding capacity under this
part shall not be cited as evidence in any other legal proceeding.

3252.  

The petition may be filed in the superior court of any of
the following counties:

(a) The county in which proposed visitee resides.

(b) The county in which the proposed visitee is temporarily
living.

3253.  

The petition shall state, or set forth by a declaration
attached to the petition, all of the following known to the petitioner
at the time the petition is filed:

(a) The condition of the proposed visitee’s health, to the extent
known by the petitioner.

(b) The proposed visitation that is to be considered.

(c) The efforts made to obtain visitation with the proposed
visitee.

(d) The deficit or deficits, if any, in the proposed visitee’s mental
functions listed in subdivision (a) of Section 811 that are impaired,
and an identification of a link between the deficit or deficits and
the proposed visitee’s inability to respond knowingly and
intelligently to queries about the requested visitation.

(e) The names and addresses, so far as they are known to the
petitioner, of the persons specified in subdivision (b) of Section
1821.

3254.  

Upon the filing of the petition, the court shall determine
if the proposed visitee has retained an attorney to represent him
or her in the proceeding under this part or if the proposed visitee
plans to retain an attorney for that purpose.

3255.  

(a) Not less than 15 days before the hearing, notice of
the time and place of the hearing and a copy of the petition shall
be personally served on the proposed visitee, and the proposed
visitee’s attorney, if any.

(b) Not less than 15 days before the hearing, notice of the time
and place of the hearing and a copy of the petition shall be mailed
to the following persons:

(1) The proposed visitee’s spouse, if any, at the address stated
in the petition.

(2) The proposed visitee’s relatives named in the petition at
each relative’s address stated in the petition.

3256.  

Prior to the hearing, the court investigator shall do all
of the following:

(a) Conduct the following interviews:

(1) The proposed visitee.

(2) All petitioners.

(3) The proposed visitee’s spouse or registered domestic partner
and relatives within the first degree.

(4) To the extent practical, neighbors, and, if known, close
friends of the proposed visitee.

(b) Inform the proposed visitee of the contents of the petition.

(c) Determine whether the proposed visitee has the capacity to
consent to the requested visitation.

(d) Determine whether the proposed visitee desires the proposed
visitation.

(e) Report to the court in writing, at least five days before the
hearing, concerning all of the foregoing.

(f) Mail, at least five days before the hearing, a copy of the
report referred to in subdivision (e) to all of the following:

(1) The attorney, if any, for the petitioner.

(2) The attorney, if any, for the proposed visitee.

(3) The spouse, registered domestic partner, and relatives within
the first degree of the proposed visitee, unless the court determines
that the mailing will result in harm to the proposed visitee.

(4) Any other persons as the court orders.

(g) The report required by this section is confidential and shall
be made available only to parties, persons described in subdivision
(f), persons given notice of the petition who have requested this
report or who have appeared in the proceedings, their attorneys,
and the court.

(h) If the court investigator has performed an investigation
within the preceding 12 months and furnished a report thereon to
the court, the court may order, upon good cause shown, that another
investigation is not necessary or that a more limited investigation
may be performed.

3257.  

The court in which the petition is filed has continuing
jurisdiction to revoke or modify an order made under this part
upon a petition filed, noticed, and heard in the same manner as an
original petition filed under this part.

3258.  

Each court shall assess each adult child who files a
petition for visitation in the county for any investigation or review
conducted by a court investigator with respect to the proposed
visitee as described in Section 3256. The court may order
reimbursement to the court for the amount of the assessment, unless
the court finds that all or any part of the assessment would impose
a hardship on the adult child filing a petition for visitation.

end delete

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

The Legislature finds and declares that Section begin delete 3 end delete begin insert 1 end insert of
this act, which begin delete adds Part 7.5 (commencing with Section 3250) to
Division 4 of the Probate Code end delete begin insert amends Section 15657.03 of the
Welfare and Institutions Code end insert , imposes a limitation on the public’s
right of access to the writings of public officials and a public
agency within the meaning of Section 3 of Article I of the
California Constitution. Pursuant to paragraph (2) of subdivision
(b) of Section 3 of Article I of the California Constitution, the
Legislature makes the following findings to demonstrate the interest
protected by this limitation and the need for protecting that interest:

In order to protect the identities and other privacy interests of
those affected by begin delete the court investigations end delete begin insert the reports required by
this act end insert , it is necessary that this information be kept confidential.

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert