BILL NUMBER: AB 1502	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 14, 2005

INTRODUCED BY   Assembly Member Salinas

                        FEBRUARY 22, 2005

   An act to  relating to child custody   add
Section 3150.5 to the Family Code, relating to family law  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1502, as amended, Salinas.  Family  courts: custody.
  law proceedings: San Benito Coun   ty pilot
project.  
   Existing law provides for appointment of investigators and child
custody evaluators in contested family law proceedings in which child
custody or visitation is in dispute.  
   This bill would create in San Benito County, until January 1,
2009, a pilot project in which a family law court would appoint an
attorney and a multidisciplinary team of professionals who shall
support the attorney to represent the best interests of a child in
family law matters when the custody of the child is in dispute and
either one party to the action has accused the other party of
domestic violence or there are allegations of child abuse by one of
the parties against the child who is the subject of the custody
dispute, as specified.  
   Existing law governs proceedings to determine the custody of a
child.  
   This bill would express the intent of the Legislature to establish
a multidisciplinary team of experts to assist the family court in
child custody cases involving domestic violence and child abuse.

   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.  It is the intent of the Legislature to establish a
multidisciplinary team of experts to assist the family court in child
custody cases involving domestic violence and child abuse. 

  SECTION 1.   Section 3150.5 is added to the   Family
Code   , to read:  
   3150.5.  (a) There is hereby created in San Benito County a pilot
project in which a family law court shall appoint an attorney and a
multidisciplinary team of professionals who shall support the
attorney to represent the best interests of a child in family law
matters when the custody of the child is in dispute and either one
party to the action has accused the other party of domestic violence
or there are allegations of child abuse by one of the parties against
the child who is the subject of the custody dispute.
   (b) The multidisciplinary team shall be assembled by a nonprofit
organization and appointed by the court. The multidisciplinary team
shall include professionals who shall meet minimum experience and
training criteria established by the nonprofit organization. The team
shall include a paralegal, a psychologist, an investigator, a social
worker, a counselor or therapist, and a medical professional each of
whom shall have experience in assessing and presenting evidence on
child abuse and domestic violence. Each member of the team shall be
deemed to be and shall be appointed as a court-appointed investigator
within the meaning of Section 3110 and as an expert pursuant to
Section 730 of the Evidence Code.
   (c) The multidisciplinary team shall investigate and present
evidence supporting the investigation into the issue of the child's
best interest as it relates to the allegations of child abuse and
domestic violence.
   (d) The pilot project shall include a research component that
shall result in the creation of a protocol and a policy that may be
implemented in other counties throughout the state.
   (e) All funding for the pilot project shall be obtained from fees
imposed upon the parties to any action in San Benito County to which
this section applies or from private, nonprofit organizations. There
shall be no cost to the county for the implementation of this pilot
project.
  (F) This section shall remain in effect only until January 1, 2009,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2009, deletes or extends that date.