BILL NUMBER: AB 2464	CHAPTERED  09/29/00

	CHAPTER   921
	FILED WITH SECRETARY OF STATE   SEPTEMBER 29, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 29, 2000
	PASSED THE ASSEMBLY   AUGUST 22, 2000
	PASSED THE SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN ASSEMBLY   MAY 17, 2000
	AMENDED IN ASSEMBLY   APRIL 10, 2000

INTRODUCED BY   Assembly Member Kuehl

                        FEBRUARY 24, 2000

   An act to amend Section 302 of the Welfare and Institutions Code,
relating to child custody.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2464, Kuehl.  Child  custody:  modification.
   Existing law provides that when a child is adjudged a dependent
child of the juvenile court any issue regarding custodial rights
between his or her parents shall be solely determined by the juvenile
court as long as the child remains a dependent of the juvenile
court.
   This bill would provide that any order made by the juvenile court
regarding the custody of, or visitation with, a child who is a
dependent of the juvenile court at the time the juvenile court
terminates its jurisdiction shall be a final judgment and shall
remain in effect after that jurisdiction is terminated.  The bill
would prohibit modification of the order in proceedings governed by
the Family Code provisions relating to custody unless the court finds
that there has been a significant change of circumstances since the
juvenile court issued the order and modification of the order is in
the best interest of the child.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 302 of the Welfare and Institutions Code is
amended to read:
   302.  (a) A juvenile court may assume jurisdiction over a child
described in Section 300 regardless of whether the child was in the
physical custody of both parents or was in the sole legal or physical
custody of only one parent at the time that the events or conditions
occurred that brought the child within the jurisdiction of the
court.
   (b) Unless their parental rights have been terminated, both
parents shall be notified of all proceedings involving the child.  In
any case where the social worker is required to provide a parent or
guardian with notice of a proceeding at which the social worker
intends to present a report, the social worker shall also provide
both parents, whether custodial or noncustodial, or any guardian, or
the counsel for the parent or guardian a copy of the report prior to
the hearing, either personally or by first-class mail.  The social
worker shall not charge any fee for providing a copy of a report
required by this subdivision.  The social worker shall keep
confidential the address of any parent who is known to be the victim
of domestic violence.
   (c) When a child is adjudged a dependent of the juvenile court,
any issues regarding custodial rights between his or her parents
shall be determined solely by the juvenile court, as specified in
Sections 304, 361.2, and 362.4, so long as the child remains a
dependent of the juvenile court.
   (d) (1) Any custody or visitation order issued by the juvenile
court at the time the juvenile court terminates its jurisdiction
pursuant to Section 362.4 regarding a child who has been previously
adjudged to be a dependent child of the juvenile court shall be a
final judgment and shall remain in effect after that jurisdiction is
terminated.  The order shall not be modified in a proceeding or
action described in Section 3021 of the Family Code unless the court
finds that there has been a significant change of circumstances since
the juvenile court issued the order and modification of the order is
in the best interests of the child.