BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 594|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
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UNFINISHED BUSINESS
Bill No: SB 594
Author: Wieckowski (D)
Amended: 6/11/15
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 5/5/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
SENATE FLOOR: 36-0, 5/18/15
AYES: Allen, Anderson, Bates, Beall, Block, Cannella, De León,
Fuller, Gaines, Galgiani, Hancock, Hernandez, Hertzberg, Hill,
Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,
Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen,
Nielsen, Pan, Roth, Runner, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Berryhill, Hall, Pavley
ASSEMBLY FLOOR: 76-0, 6/29/15 (Consent) - See last page for
vote
SUBJECT: Child custody
SOURCE: Author
DIGEST: This bill specifies that a child custody evaluation,
investigation, or assessment, and any resulting report, may only
be considered by the court if the evaluation, investigation, or
assessment, and any resulting report, is conducted in accordance
with the minimum requirements.
Assembly Amendments make clarifying changes.
ANALYSIS:
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Page 2
Existing law:
1)Provides that the health, safety, and welfare of children is
the court's primary concern when determining the best
interests of a child for custody and visitation orders. (Fam.
Code Sec. 3020.)
2)Authorizes the court, in a contested child custody or
visitation proceeding to appoint an evaluator to conduct a
child custody evaluation, from whom the court may require a
written, confidential report on the evaluation that is filed
with the clerk and served on the parties or their counsel and
any minor's counsel. (Fam. Code Sec. 3111.)
3)Requires that the confidential child custody report only be
made available to the parties or their counsel, any minor's
counsel, a court, child protective services, a probation
officer, or a guardianship investigator. (Fam. Code Sec.
3111.)
4)Provides that the confidential child custody report may not be
disclosed except to specified persons. (Fam. Code Sec.
3025.5.)
5)Establishes qualifications for child custody evaluators and
requires initial and continuing domestic violence training for
child custody mediators, investigators, and evaluators.
(Fam. Code Secs. 1816, 3110.5, 3117.)
6)Requires that local rules include a complaint procedure for
mediators and evaluators. (Cal. Rules of Ct., Rules 5.210,
5.220.)
This bill:
1)Provides that a child custody evaluation, investigation, or
assessment, and any resulting report, may be considered by the
court only if it is conducted in accordance with the
requirements set forth in the standards adopted by the
Judicial Council pursuant to Family Code Section 3117.
2)Provides that the above provision does not preclude the
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Page 3
consideration of a child custody evaluation report that
contains nonsubstantive or inconsequential errors or both.
Background
In a contested child custody or visitation proceeding, the court
may appoint a child custody evaluator to conduct a child custody
evaluation if the court determines it is in the best interests
of the child. Evaluations contain highly personal, sensitive,
and confidential information. In most cases, an evaluation will
consist of several interviews and may include psychological
testing. Interviews are conducted with all adults involved with
the child, including parents, stepparents, and sometimes other
relatives who have a significant role in the child's life.
Psychological testing provides an additional source of
information that cannot be obtained through interviews alone.
The testing may further demonstrate the family dynamics and
expose any potential mental health or parenting problems. These
reports can take six to nine months to complete and are
generally paid for by the parties.
Although the evaluation may be delegated to a number of
different types of experts, impartial objectivity is a
non-negotiable requirement and courts are required to make an
inquiry if the facts reveal that an evaluator may be biased
against one party. (See Marriage of Adams & Jack A. (2012) 209
Cal. 4th 1543, 1563.) In addition, because custody evaluators
are not judicial officers, they cannot make binding factual
determinations or decisions on a custody or visitation issue.
At best, the evaluator's report is probative of relevant facts
the court must consider and weigh along with all other evidence
in the case. However, recognizing that evaluations are generally
given great weight by the judge in deciding custody and
visitation issues, the Judicial Council has adopted Rules of
Court establishing uniform standards of practice for
court-ordered custody evaluations. Additional standards
regarding evaluator qualifications and testimony are prescribed
by statute. (See Fam. Code Secs. 3110.5, 3115.) This bill seeks
to ensure that evaluator reports are complete by prohibiting the
court from considering a report that does not comply with
minimum requirements under the law.
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FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/30/15)
California Partnership to End Domestic Violence
California Protective Parents Association
Center for Judicial Excellence
Child Abuse Prevention Center
Coalition of California Welfare Rights Organizations
Crime Victims United of California
Domestic Violence Legal Empowerment and Appeals Project
Family Violence and Sexual Assault Institute
Incest Survivors' Speakers Bureau of California
Justice for Children
Legislative Coalition to Prevent Child Abuse
Los Angeles County District Attorney's Office
Service Employees International Union
OPPOSITION: (Verified6/30/15)
None Received
ARGUMENTS IN SUPPORT: The Los Angeles County District Attorney's
Office writes in support of this bill:
There has been compelling testimony that children may have
been placed with abusive parents as a result of shoddy
custody evaluation reports. This is of particular concern in
cases of suspected incest. SB 594 would provide that the
reports can only be used where minimum requirements set by
Judicial Council are met.
The consequences of child abuse and child sexual abuse have
been well documented. The resultant trauma can affect a
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Page 5
child for the remainder of his or her life and often impacts
future generations. It is essential that child custody
evaluations follow minimum standards.
ASSEMBLY FLOOR: 76-0, 6/29/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Burke, Calderon, Campos, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez,
Mullin, Nazarian, Obernolte, Olsen, Patterson, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Brown, Low, O'Donnell, Perea
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
6/30/15 14:57:39
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