Senate Bill No. 545

Introduced by Senator Anderson

February 22, 2013

An act to amend Section 1277 of the Code of Civil Procedure, relating to civil procedure.

LEGISLATIVE COUNSEL’S DIGEST

SB 545, as introduced, Anderson. Name change: minors.

Existing law establishes the procedure for a person to change his or her name. When a proceeding for a change of name is commenced by the filing of a petition, existing law requires the court to issue an order reciting the filing of the petition, the name of the person by whom it is filed, and the name proposed, except as specified. In the case of a petition filed by a parent for the name change of a person under 18 years of age, existing law requires a minor’s nonconsenting parent to be served with notice of the time and place of the hearing, as specified.

This bill would authorize a court to waive the requirements for publication and notice to a nonconsenting parent if necessary to protect the best interests of the minor upon a showing by the petitioner that the minor and petitioner are participants in a specified address confidentiality program, that the petitioner has sole custody of the minor, that the child is protected by an order pursuant to the Domestic Violence Prevention Act that prevents the nonpetitioning parent from having contact with the minor for at least 5 years, and that the nonpetitioning parent is not subject to an order to pay child support for the minor.

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 1277 of the Code of Civil Procedure is
amended to read:

1277.  

(a)  begin insert (1) end insert begin insert   end insert If a proceeding for a change of name is
commenced by the filing of a petition, except as provided in
subdivisions (b), (c), and (e), the court shall thereupon make an
order reciting the filing of the petition, the name of the person by
whom it is filed, and the name proposed. The order shall direct all
persons interested in the matter to appear before the court at a time
and place specified, which shall be not less than six nor more than
12 weeks from the time of making the order, unless the court orders
a different time, to show cause why the application for change of
name should not be granted. The order shall direct all persons
interested in the matter to make known any objection that they
may have to the granting of the petition for change of name by
filing a written objection, which includes the reasons for the
objection, with the court at least two court days before the matter
is scheduled to be heard and by appearing in court at the hearing
to show cause why the petition for change of name should not be
granted. The order shall state that, if no written objection is timely
filed, the court may grant the petition without a hearing.

begin insert (2) end insert begin insert   end insert A copy of the order to show cause shall be published
pursuant to Section 6064 of the Government Code in a newspaper
of general circulation to be designated in the order published in
the county. If no newspaper of general circulation is published in
the county, a copy of the order to show cause shall be posted by
the clerk of the court in three of the most public places in the
county in which the court is located, for a like period. Proof shall
be made to the satisfaction of the court of this publication or
posting, at the time of the hearing of the application.

begin insert (3) end insert begin insert   end insert Four weekly publications shall be sufficient publication of
the order to show cause. If the order is published in a daily
newspaper, publication once a week for four successive weeks
shall be sufficient.

begin insert (4) end insert begin insert   end insert If a petition has been filed for a minor by a parent and the
other parent, if living, does not join in consenting thereto, the
petitioner shall cause, not less than 30 days prior to the hearing,
to be served notice of the time and place of the hearing or a copy
of the order to show cause on the other parent pursuant to Section
413.10, 414.10, 415.10, or 415.40. If notice of the hearing cannot
reasonably be accomplished pursuant to Section 415.10 or 415.40,
the court may order that notice be given in a manner that the court
determines is reasonably calculated to give actual notice to the
nonconsenting parent. In that case, if the court determines that
notice by publication is reasonably calculated to give actual notice
to the nonconsenting parent, the court may determine that
publication of the order to show cause pursuant to this subdivision
is sufficient notice to the nonconsenting parent. begin insert A court may waive
the requirements of this paragraph for publication and notice if
necessary to protect the best interests of the minor upon a showing
by the petitioner of all of the following: end insert

begin insert

(A) The minor and the petitioner are participants in the address
confidentiality program created pursuant to Chapter 3.1
(commencing with Section 6205) of Division 7 of Title 1 of the
Government Code.

end insert begin insert

(B) A court has issued a final order awarding the petitioner
sole legal and physical custody of the minor.

end insert begin insert

(C) The minor is protected by an order issued after a hearing
pursuant to the Domestic Violence Prevention Act, Division 10
(commencing with Section 6200) of the Family Code that prevents
the nonpetitioning parent, for a period of at least five years, from
having any contact with the minor.

end insert begin insert

(D) The nonpetitioning parent is not subject to an order to pay
child support for the minor whose name is proposed to be changed.

end insert

(b) (1) If the petition for a change of name alleges a reason or
circumstance described in paragraph (2), and the petitioner is a
participant in the address confidentiality program created pursuant
to Chapter 3.1 (commencing with Section 6205) of Division 7 of
Title 1 of the Government Code, the action for a change of name
is exempt from the requirement for publication of the order to
show cause under subdivision (a), and the petition and the order
of the court shall, in lieu of reciting the proposed name, indicate
that the proposed name is confidential and will be on file with the
Secretary of State pursuant to the provisions of the address
confidentiality program.

(2) The procedure described in paragraph (1) applies to petitions
alleging any of the following reasons or circumstances:

(A) To avoid domestic violence, as defined in Section 6211 of
the Family Code.

(B) To avoid stalking, as defined in Section 646.9 of the Penal
Code.

(C) The petitioner is, or is filing on behalf of, a victim of sexual
assault, as defined in Section 1036.2 of the Evidence Code.

(3) For any petition under this subdivision, the current legal
name of the petitioner shall be kept confidential by the court and
shall not be published or posted in the court’s calendars, indexes,
or register of actions, as required by Article 7 (commencing with
Section 69840) of Chapter 5 of Title 8 of the Government Code,
or by any means or in any public forum, including a hardcopy or
an electronic copy, or any other type of public media or display.

(4) (A) A petitioner may request that the court file the petition
and any other papers associated with the proceeding under seal.
The court may consider the request at the same time as the petition
for name change, and may grant the request in any case in which
the court finds that all of the following factors apply:

(i) There exists an overriding interest that overcomes the right
of public access to the record.

(ii) The overriding interest supports sealing the record.

(iii) A substantial probability exists that the overriding interest
will be prejudiced if the record is not sealed.

(iv) The proposed order to seal the records is narrowly tailored.

(v) No less restrictive means exist to achieve the overriding
interest.

(B) On or before January 1, 2010, the Judicial Council shall
develop rules of court and forms consistent with the requirements
of this paragraph.

(c) A proceeding for a change of name for a witness participating
in the state Witness Protection Program established by Title 7.5
(commencing with Section 14020) of Part 4 of the Penal Code
who has been approved for the change of name by the program is
exempt from the requirement for publication of the order to show
cause under subdivision (a).

(d) If application for change of name is brought as part of an
action under the Uniform Parentage Act (Part 3 (commencing with
Section 7600) of Division 12 of the Family Code), whether as part
of a petition or cross-complaint or as a separate order to show
cause in a pending action thereunder, service of the application
shall be made upon all other parties to the action in a like manner
as prescribed for the service of a summons, as is set forth in Article
3 (commencing with Section 415.10) of Chapter 4 of Title 5 of
Part 2. Upon the setting of a hearing on the issue, notice of the
hearing shall be given to all parties in the action in a like manner
and within the time limits prescribed generally for the type of
hearing (whether trial or order to show cause) at which the issue
of the change of name is to be decided.

(e) If a guardian files a petition to change the name of his or her
minor ward pursuant to Section 1276:

(1) The guardian shall provide notice of the hearing to any living
parent of the minor by personal service at least 30 days prior to
the hearing.

(2) If either or both parents are deceased or cannot be located,
the guardian shall cause, not less than 30 days prior to the hearing,
to be served a notice of the time and place of the hearing or a copy
of the order to show cause on the child’s grandparents, if living,
pursuant to Section 413.10, 414.10, 415.10, or 415.40.