BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2853|
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THIRD READING
Bill No: AB 2853
Author: Salinas (D)
Amended: 5/3/06 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 6/20/06
AYES: Dunn, Morrow, Escutia, Harman, Kuehl
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 79-0, 5/25/06 (Consent) - See last page
for vote
SUBJECT : Family law counselors
SOURCE : California NOW
DIGEST : This bill codifies a current Rule of Court that
requires initial and continuing domestic violence education
for court counselors, evaluators, investigators and
mediators involved in child custody matters.
ANALYSIS : Existing law allows the superior court in each
county to create a family conciliation court. Existing law
permits the superior court to appoint a supervising and
associate counselors of conciliation. [Section 1814 of the
Family Code (FAM)]
Existing law requires any supervising or associate
counselor of conciliation to possess certain minimum
CONTINUED
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qualifications, including a masters degree, two years of
experience and knowledge of various related fields. [FAM
Section 1815]
This bill adds training in domestic violence issues to that
list of requirements.
Existing law requires supervising and associate counselors,
mediators, court-connected or private child custody
evaluators to participate in continuing education programs
for domestic violence. [FAM Section 1816]
This bill adds court-appointed investigators and evaluators
to those continuing education requirements.
Existing Rules of Court require the above individuals,
including court-appointed investigators and evaluators, to
complete at least 16 hours of advance training within a
12-month period. That training must include (1) 12 hours
of instruction approved by the Administrative Office of the
Courts must include the structure of the child custody
evaluation process, relevant law, domestic violence
resources, domestic violence prevention and unique issues
in assessment of domestic violence cases, and (2) 4 hours
of community resource networking. [Rules of Court 5.230]
Existing Rules of Court require those same persons to
complete four hours of update training each year, which
must include instruction on any updates, changes or
modifications in local court practices, case law,
legislation, and social science theory related to domestic
violence. [Rules of Court 5.230]
This bill codifies those Rules of Court. This bill
requires those individuals to comply with a local court
rule concerning notification of completion of educational
requirements, when applicable. This bill requires, absent
a contrary local court rule, for those persons to attach
copies of their certificates of completion of advanced and
most recent update training.
This bill allows an individual to satisfy the 12-hour
instruction requirement with training from an eligible
provider obtained on or after January 1, 1996. That
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individual would still be required to complete four hours
of community resource networking prior to the completion of
their advance training.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 7/5/06)
California NOW (source)
ARGUMENTS IN SUPPORT : According to the author, "[t]his
bill seeks to ensure custody mediators and others are
adequately trained in all issues related to domestic
violence, including the impact of victimization and control
in relationships where domestic violence has occurred."
ASSEMBLY FLOOR :
AYES: Aghazarian, Arambula, Baca, Bass, Benoit, Berg,
Bermudez, Blakeslee, Bogh, Calderon, Canciamilla, Chan,
Chavez, Chu, Cogdill, Cohn, Coto, Daucher, De La Torre,
DeVore, Dymally, Emmerson, Evans, Frommer, Garcia,
Goldberg, Hancock, Harman, Haynes, Jerome Horton, Shirley
Horton, Houston, Huff, Karnette, Keene, Klehs, Koretz, La
Malfa, La Suer, Laird, Leno, Leslie, Levine, Lieber,
Lieu, Liu, Matthews, Maze, McCarthy, Montanez, Mountjoy,
Mullin, Nakanishi, Nation, Nava, Negrete McLeod, Niello,
Oropeza, Parra, Pavley, Plescia, Richman, Ridley-Thomas,
Sharon Runner, Ruskin, Saldana, Salinas, Spitzer,
Strickland, Torrico, Tran, Umberg, Vargas, Villines,
Walters, Wolk, Wyland, Yee, Nunez
NO VOTE RECORDED: Jones
RJG:mel 7/5/06 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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