BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 458
                                                                  Page  1

          Date of Hearing:   April 6, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 458 (Atkins) - As Amended:  March 29, 2011 

          Policy Committee:                              
          JudiciaryVote:10-0 (Consent)

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:               

           SUMMARY  

          This bill establishes venue rules for the filing of certain 
          guardianship cases. Specifically, this bill:

          1)Establishes specific venue rules for the filing of a 
            guardianship case when a custody or visitation proceeding has 
            been filed in another court.  

          2)Requires the court where a guardianship proceeding is 
            commenced, and if it appoints a guardian, to communicate with 
            each court where a custody or visitation proceeding for the 
            same child is on file before making a venue determination.

          3)Requires the Judicial Council, by January 1, 2013, to adopt 
            rules of court to implement the provisions in (2).

          4)Provides that once a guardian or a temporary guardian is 
            appointed, the court in the guardianship proceeding has 
            exclusive jurisdiction to determine all custody and visitation 
            issues for the child until the guardianship is terminated.

           FISCAL EFFECT  

          Minor absorbable costs for the Judicial Council to adopt the 
          required rules of court and for the courts to implement the 
          required procedures.

           COMMENTS  

           Purpose  . According to the Judicial Council (sponsor), AB 458 
          creates presumptions for determining venue based on the length 








                                                                  AB 458
                                                                  Page  2

          of the residence of the proposed ward and guardian in the county 
          where the guardianship action was filed, but preserves the 
          court's ability to make the ultimate determination based on the 
          best interests of the minor. 

          The bill also establishes a consultative procedure between 
          courts to assist in determining the appropriate venue of a 
          probate guardianship when one or more custody proceedings 
          involving the proposed ward are on file in one or more other 
          counties.  

           Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081