BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Noreen Evans, Chair
2013-2014 Regular Session
SB 545 (Anderson)
As Amended January 6, 2014
Hearing Date: January 14, 2014
Fiscal: No
Urgency: No
NR
SUBJECT
Name change: minors
DESCRIPTION
This bill would provide that a court may waive the notice and
publication requirements for the name change of a minor the if
following requirements have been met: (1) the minor and
petitioning parent must be participants in the Secretary of
State's address confidentiality program; (2) the petitioner must
have sole legal and physical custody of the child; (3) the
parental rights of the nonpetitioning parent have been
terminated; (4) the nonpetitioning parent is subject to a
protective order, as specified, prohibiting contact with the
minor; and (5) the nonpetitioning parent is not subject to an
order to pay child support.
This bill would also exempt an action for a change of name from
existing publication requirements if the petitioner is an active
participant in the Secretary of State's address confidentiality
program and establishes that the name he or she is seeking to
acquire is on file with the Secretary of State, as specified.
BACKGROUND
Victims of domestic violence often must seek assistance and
protection from their abuser. Under existing law, a victim may
notify law enforcement, petition the court for a restraining
order, or enroll in a program or shelter for victims of abuse.
Victims with children often file actions with the family or
dependency court in order to seek appropriate custody and
support orders. In many cases involving domestic violence a
(more)
SB 545 (Anderson)
Page 2 of ?
court may grant full legal and physical custody of a child to
the victim parent. In certain cases, an abusive parent may have
his or her parental rights terminated entirely.
The Safe at Home program (SAH) within the Office of the
Secretary of State allows victims of domestic violence,
stalking, and sexual assault to apply for a substitute address
to be used in public records in order to prevent their
assailants from finding their work or home address. The
Secretary of State also acts as the program participants' agent
for service of process and forwards mail received at the
substitute address provided. Upon successful application, a
program participant is certified to remain in the program for
four years, as specified. For victims who have not yet attained
the age of majority, a parent or guardian may apply to enroll
the victim in the program.
Some victims of domestic violence also elect to file for a
confidential name change with the state. Many victims feel that
a confidential name change will offer further protection from an
abuser, but such name changes are accompanied by complications
of their own. The Secretary of State warns that "because the
confidential name change is used to establish a new identity, a
person's ability to receive credit; purchase, rent or inherit
property; obtain a passport; start a business; or apply for
school programs or grants may be delayed. Participants are
advised to seek the assistance of an attorney, legal advisor or
to consult with their local Legal Aid Foundation prior to
initiating the process to find out how their lives may be
affected." (California Secretary of State, Courts
[accessed January 8, 2014].) A parent petitioning for a name
change for a minor child is required to notify the child's other
parent of the name change, unless the other parent's rights have
been terminated by the court.
This bill seeks to address alleged difficulties that some
parents have encountered when attempting to confidentially
change the name of their child. With the exception of the
addition of language regarding the termination of the parental
rights of the noncustodial parent, this bill is similar to SB
1477 (Anderson, 2012) as it passed out of this Committee last
year. That bill was amended in this Committee to address
concerns regarding the constitutionality of depriving a parent
access to his or her child without due process protections. SB
1477 was later amended in the Assembly Committee on Judiciary to
SB 545 (Anderson)
Page 3 of ?
further address concerns related to the constitutional rights of
the noncustodial parent.
Accordingly, this bill would provide that a noncustodial parent
whose rights have been terminated need not, at the discretion of
the court, be served notice when a custodial parent petitions
for a confidential name change of a child. In order to waive
notice and publication, the custodial parent would be required
to provide specified evidence demonstrating domestic violence
perpetrated by the noncustodial parent against the child. This
bill would also exempt a petitioner for a confidential name
change from publication requirements if he or she is an active
participant in the address confidentiality program and the name
he or she seeks is registered with the Secretary of State.
CHANGES TO EXISTING LAW
1.Existing law establishes the procedure for declaring a child
free from parental custody and control by terminating all
parental rights and responsibilities with regard to the child.
(Fam. Code Sec. 7800 et seq.)
Existing law provides that an order and judgment declaring a
child free from the custody and control of a parent or parents
is conclusive and binding upon the parent or parents and
child, and the court has no power to set aside, change, or
modify that order. (Fam. Code Sec. 7894.)
Existing law provides that all applications for change of
names be filed in the superior court and signed by the person
whose name is to be changed. (Code Civ. Proc. Sec. 1276(a).)
Existing law provides that all applications for change of
names for a person under 18 years of age is signed by one or
both of the person's parents, or by any guardian of the
person. (Code Civ. Proc. Sec. 1276(a).)
Existing law provides that petitions to change the name of a
person under 18 which are not signed by one or both parents,
shall name, as far as known to the person proposing the name
change, the parent(s) of the person and their place of
residence. (Code Civ. Proc. Sec. 1276(b)-(c).)
SB 545 (Anderson)
Page 4 of ?
Existing law provides that when a petition for a name change
is filed, the court must direct all persons interested in the
matter to appear before the court at a time and place
specified. The order shall direct all persons interested in
the matter to make known any objection that they may have to
the name change in writing at least two days prior to the day
the matter is to be heard, and appear in court to show good
cause for why the petition for change of name should not be
granted. (Code Civ. Proc. Sec. 1277(a).)
Existing law provides that a copy of the order to show cause
shall be published in a newspaper of general circulation.
(Code Civ. Proc. Sec. 1277(a).)
Existing law provides that if a parent does not consent to the
name change of a minor child, that parent must be served with
a 30-day notice of the time and place of the hearing, and a
copy of the order to show cause. (Code Civ. Proc. Sec.
1277(a).)
Existing law establishes an address confidentiality (or Safe
at Home) program within the Office of the Secretary of State
in order to enable state and local agencies to both accept and
respond to requests for public records without disclosing the
changed name or address of a victim of domestic violence,
sexual assault, or stalking. Existing law permits any such
adult victim, or parent or guardian acting on behalf of a
minor or incapacitated person, to apply through a
community-based victims' assistance program to have an address
designated by the Secretary of State as his or her substitute
mailing address. (Gov. Code Sec. 6205 et seq.)
This bill would authorize a court to waive the requirements of
publication and notice to a noncustodial parent if necessary
to protect the best interests of the child and upon a showing
of all of the following:
the custodial parent and child are participants in the
Secretary of State's Safe at Home Program;
a court has issued a final order awarding the petitioner
sole legal and physical custody of the minor and the
parental rights of the nonpetitioning parent have been
terminated;
the minor is protected by a restraining order which
prevents the non-petitioning parent from having any contact
with the child for a period of at least five years; and
SB 545 (Anderson)
Page 5 of ?
the non-petitioning parent is not subject to an order to
pay child support for the minor.
1.Existing law provides that an individual who is a participant
in the address confidentiality program and petitions for a
change of name, alleging that the name change is to avoid
domestic violence, stalking, or that the petitioner is a
victim of sexual assault, the action for a change of name is
exempt from the requirement for publication, and the court
orders will show, in lieu of the proposed name, that the name
change was confidential. (Code Civ. Proc. Sec. 1277(b).)
This bill would instead only waive publication requirements
for active members in the address confidentiality program when
the name he or she seeks to acquire is also on file with the
Secretary of State.
COMMENT
1.Stated need for the bill
The author writes:
Current law requires that the non-consenting parent be
notified when the custodial parent requests a name change for
their child. This notification in certain circumstances can
endanger the custodial parent and the child. In cases of
potential kidnapping, child abuse and sexual exploitation it
may be necessary to provide for a confidential change of name
for a parent and their child to escape a noncustodial parent
that has proven to be a danger to the well-being of the
minor.
2.This bill would create additional hurdles for victims of
domestic violence seeking to escape an abuser
Under existing law, when a parent files a petition to change the
name of a minor child, the other parent must be served notice of
the petition 30 days prior to the hearing, as specified. (Code
Civ. Proc. Sec. 1277(a)(4).) The author argues that this notice
requirement may compromise the safety of domestic violence
victims seeking to escape their abuser. The author writes,
"This bill would provide a way for victims of domestic violence
SB 545 (Anderson)
Page 6 of ?
to escape from a dangerous situation and live with the security
of a new name that their abuser does not have access to."
Specifically, this bill would allow the court to waive the
requirements of publication and notice when a parent files a
petition with the court for the name change of a minor only if
certain requirements are met. The petitioning parent would be
required to have sole legal and physical custody of the child.
The nonpetitioning parent would have to be subject to a
protective order preventing contact with the minor, have had his
or her parental rights terminated, and not be subject to an
order to pay child support.
Staff notes that while the intent of this bill appears to be to
assist victims, the language of the bill creates confusion and
additional barriers for victims seeking relief from their
abusers. For example, under existing law, a parent who has had
his or her parental rights terminated by the court is no longer
a parent of the minor child under the law. That court judgment
is conclusive and binding, and the court has no power to set
aside, change, or modify the order. (Fam. Code Sec. 7894.)
Thus, where the other parent's rights have been terminated, the
custodial parent who petitions the court to change a minor's
name is not required to notify the other parent because in the
eyes of the law no other parent exists.
The additional requirements, a restraining order issued for a
period of at least five years and the absence of a support
order, are very specific and were initially added to help ensure
that a parent's access to a child was not arbitrarily denied in
situations where the court had not first terminated a parent's
rights. However, the current version of this bill requires the
above mentioned elements in addition to a termination of
parental rights. Arguably, this combination, which is far more
restrictive than existing law, creates an insurmountable hurdle
for victims who wish to confidentially change a minor's name.
Situations abound where all requirements would not be met,
thereby resulting in a public name change for a minor, which
could ultimately compromise the safety of the child and
custodial parent.
Furthermore, even in the event that all elements are satisfied,
this bill leaves whether or not to waive notice at the
discretion of the court. Thus, the court could still require a
petitioning parent, who has otherwise met all the requirements
of the bill, to provide notice to a person whose parental rights
SB 545 (Anderson)
Page 7 of ?
have been terminated. Such notice would not be required under
existing law.
Given these concerns, the author offers the following amendments
which strike any additional requirements a custodial parent must
satisfy when seeking to confidentially change the name of a
minor child.
Author's amendments:
1. On page 2, strike lines 1 through 27 inclusive
2. Strike page 3 inclusive
3. On page 4, strike lines 1 and 2 inclusive
3.Clarifies publication requirement in the case of confidential
name changes
Existing law provides that a participant in the Secretary of
State's address confidentiality program who petitions a court to
change his or her name, and alleges that the name change is to
avoid domestic violence, stalking, or that the petitioner is of
a victim of sexual assault, is exempt from being required to
publish that name change in the local newspaper, as specified.
(Code Civ. Proc. Sec. 1277(b).) This bill would instead only
waive publication requirements for active members in the address
confidentiality program when the name he or she seeks to acquire
is on file with the Secretary of State.
Arguably, requiring that a petitioner file his or her desired
name with the Secretary of State prior to petitioning the court
for a confidential name change, will aid the Secretary of State
in administering the address confidentiality program by ensuring
that enrollment in the program is not compromised when a victim
changes his or her name.
Support : Crime Victims United; Executive Committee of the
Family Law Section of the State Bar (FLEXCOM); Los Angeles
County District Attorney's Office
Opposition : None Known
HISTORY
SB 545 (Anderson)
Page 8 of ?
Source : An individual
Related Pending Legislation : None Known
Prior Legislation : SB 1477 (Anderson, 2012) was substantially
similar to this bill. SB 1477 died in Assembly Appropriations
Committee.
**************