BILL NUMBER: AB 2365	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 25, 2012
	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Nestande
    (   Coauthors:   Assembly Members 
 Buchanan,   Jeffries,   and Olsen   )


                        FEBRUARY 24, 2012

   An act to amend Section 3011 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2365, as amended, Nestande. Family law: child custody.
   Existing law requires a family court to determine the best
interest of the child for purposes of deciding child custody in
proceedings for dissolution of marriage, nullity of marriage, legal
separation of the parties, petitions for exclusive custody of a
child, and proceedings under the Domestic Violence Prevention Act. In
making that determination, existing law requires the court to
consider specified factors, including whether either of the child's
parents habitually or continually uses alcohol or illegal drugs. The
court may require independent corroboration of an allegation that a
parent is habitually or continually using controlled substances or
illegal drugs.
   This bill would require a family court to consider, in determining
the best interest of the child in custody proceedings, either parent'
s habitual or continual abuse of prescribed controlled substances.
   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 3011 of the Family Code is amended to read:
   3011.  In making a determination of the best interest of the child
in a proceeding described in Section 3021, the court shall, among
any other factors it finds relevant, consider all of the following:
   (a) The health, safety, and welfare of the child.
   (b) Any history of abuse by one parent or any other person seeking
custody against any of the following:
   (1) Any child to whom he or she is related by blood or affinity or
with whom he or she has had a caretaking relationship, no matter how
temporary.
   (2) The other parent.
   (3) A parent, current spouse, or cohabitant, of the parent or
person seeking custody, or a person with whom the parent or person
seeking custody has a dating or engagement relationship.
   As a prerequisite to  the consideration of  
considering  allegations of abuse, the court may require
substantial independent corroboration, including, but not limited to,
written reports by law enforcement agencies, child protective
services or other social welfare agencies, courts, medical
facilities, or other public agencies or private nonprofit
organizations providing services to victims of sexual assault or
domestic violence. As used in this subdivision, "abuse against a
child" means "child abuse" as defined in Section 11165.6 of the Penal
Code and abuse against any of the other persons described in
paragraph (2) or (3) means "abuse" as defined in Section 6203 of this
code.
   (c) The nature and amount of contact with both parents, except as
provided in Section 3046.
   (d) The habitual or continual illegal use of controlled
substances, the habitual or continual abuse of alcohol, or the
habitual or continual abuse of prescribed controlled substances by
either parent. Before considering these allegations, the court may
first require independent corroboration, including, but not limited
to, written reports from law enforcement agencies, courts, probation
departments, social welfare agencies, medical facilities,
rehabilitation facilities, or other public agencies or nonprofit
organizations providing drug and alcohol abuse services. As used in
this subdivision, "controlled substances" has the same meaning as
defined in the California Uniform Controlled Substances Act, Division
10 (commencing with Section 11000) of the Health and Safety Code.
   (e) (1) Where allegations about a parent pursuant to subdivision
(b) or (d) have been brought to the attention of the court in the
current proceeding, and the court makes an order for sole or joint
custody to that parent, the court shall state its reasons in writing
or on the record. In these circumstances, the court shall ensure that
any order regarding custody or visitation is specific as to time,
day, place, and manner of transfer of the child as set forth in
subdivision (b) of Section 6323.
   (2) The provisions of this subdivision shall not apply if the
parties stipulate in writing or on the record regarding custody or
visitation.