BILL NUMBER: AB 1502 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JANUARY 4, 2006
AMENDED IN ASSEMBLY APRIL 14, 2005
INTRODUCED BY Assembly Member Salinas
FEBRUARY 22, 2005
An act to add Section 3150.5 to the Family Code, relating to
family law.
LEGISLATIVE COUNSEL'S DIGEST
AB 1502, as amended, Salinas Family law proceedings: San Benito
County 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 2010 , a pilot project in which a
family law court would , in the court's discretion, 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.
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 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 of the following applies:
(1) 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
domestic violence.
(2) One party has alleged that the
other party has committed child abuse 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 , and only at the discretion of,
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. and domestic
violence.
(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. This section shall become
operative only after independent sources of funding are identified
or become available.
(f) This section shall remain in effect only until January 1,
2009 2010 , and as of that date is
repealed, unless a later enacted statute, that is enacted before
January 1, 2009 2010 , deletes or
extends that date.