BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1477|
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THIRD READING
Bill No: SB 1477
Author: Anderson (R)
Amended: 5/15/12
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 5/8/12
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SUBJECT : Confidential records
SOURCE : Author
DIGEST : This bill provides that when specified evidence
demonstrating a history of domestic violence against a
minor is included in a petition for a confidential name
change for the minor, the noncustodial parent need not be
notified of the hearing on the petition for the name
change.
ANALYSIS : Existing law provides that all applications
for change of names be filed in the superior court and
signed by the person whose name is to be changed. (Code of
Civil Procedure (CCP) Section 1276(a))
Existing law provides that all applications for change of
names for a person under 18 years of age is signed by one
or both of the person's parents, or by any guardian of the
person. (CCP Section 1276(a))
Existing law provides that petitions to change the name of
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a person under 18 which are not signed by one or both
parents, shall name, as far as known to the person
proposing the name change, the parent(s) of the person and
their place of residence. (CCP Section 1276(b)-(c))
Existing law provides that when a petition for a name
change is filed, the court must direct all person
interested in the matter to appear before the court at a
time and place specified. The order shall direct all
persons interested in the matter to make known any
objection that they may have to the name change in writing
at least two days prior to the day the matter is to be
heard, and appear in court to show good cause for why the
petition for change of name should not be granted. (CCP
Section 1277(a))
Existing law provides that a copy of the order to show
cause shall be published in a newspaper of general
circulation. (CCP Section 1277(a))
Existing law provides that if a parent does not consent to
the name change of a minor child, that parent must be
served notice 30 days prior to the hearing, of the time and
place of the hearing, and a copy of the order to show
cause. (CCP Section 1277(a))
Existing law provides that if a petitioner is a participant
in the address confidentiality program (Safe at Home (SAH))
and petition for a change of name alleges the name change
is to avoid domestic violence, stalking, or that the
petitioner is (or is filing on behalf) of a victim of
sexual assault, the action is exempt from the requirement
for publication and the court orders will show, in lieu of
the proposed name, that the name change was confidential.
(CCP Section 1277(b))
Existing law establishes an address confidentiality (or
SAH) program within the Office of the Secretary of State
(SOS) in order to enable state and local agencies to both
accept and respond to requests for public records without
disclosing the changed name or address of a victim of
domestic violence, sexual assault, or stalking. Existing
law permits any such adult victim, or parent or guardian
acting on behalf of a minor or incapacitated person, to
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apply through a community-based victims' assistance program
to have an address designated by the SOS as his/her
substitute mailing address. (Government Code Section 6205
et seq.)
This bill permits a court to waive the requirements for
publication and notice to the noncustodial parent of a
confidential name change of a minor, if required to protect
the safety of the child and the petitioner shows all of the
following:
the child and the petitioner are participants in the
address confidentiality program SAH;
the petitioner has a final order awarding the
petitioner sole legal and physical custody of the child;
the child is protected by an order issued after that
prevents the non-petitioning parent from having any
contact with the child, and that was issued with a
duration of at least five years; and
the non-petitioning parent is not subject to an order
to pay child support for the minor whose name is
proposed to be changed.
Background
Victims of domestic violence often must seek assistance and
protection from their abuser. Under existing law, a victim
may notify law enforcement, file with the court for a
restraining order, or enroll in a program or shelter for
victims of abuse. Victims with children should seek the
assistance of the family or dependency court in order to
seek appropriate custody and support orders. In cases of
domestic violence, a court may grant full legal and
physical custody to the victim parent. In certain cases,
an abusive parent may have his/her parental rights
terminated entirely.
The SAH within the Office of the SOS allows victims of
domestic violence, stalking, and sexual assault to apply
for a substitute address to be used in public records in
order to prevent their assailants from finding their work
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or home address. The SOS also acts as the program
participants' agent for service of process and forwards
mail received at the substitute address provided. Upon
successful application, a program participant is certified
to remain in the program for four years, as specified. For
victims not yet of the age of majority, a parent or
guardian may apply to enroll the victim into the program.
Some victims of domestic violence elect to file for a
confidential name change with the state. A parent
petitioning for a name change for their child is required
to notify the child's other parent of the name change,
unless the other parent's rights have been terminated. The
SOS warns that, "because the confidential name change is
used to establish a new identity, a person's ability to
receive credit; purchase, rent or inherit property; obtain
a passport; start a business; or apply for school programs
or grants may be delayed. Participants are advised to seek
the assistance of an attorney, legal advisor or to consult
with their local Legal Aid Foundation prior to initiating
the process to find out how their lives may be affected."
(California Secretary of State, Courts
accessed May 3, 2012.)
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/17/12)
California Coalition Against Sexual Assault
California Protective Parents Association
Crime Victims Alliance
Crime Victims United of California
Junior League of San Diego
Junior Leagues of California
WEAVE
ARGUMENTS IN SUPPORT : The author writes, "Since the name
change process requires notification of the non-consenting
parent, the required notification process could compromise
the safety of the minor or parent if the noncustodial
parent has a history of domestic violence. ? As a
protective measure, SB 1477 eliminates the notification of
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the non-custodial parent if there is . . . evidence that a
sufficient threat is posed by the non-custodial parent."
JJA:kc 5/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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