Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1843

Introduced by Assembly Members Jones and Gordon

February 18, 2014

An act to amend begin delete Section end delete begin insert Sections end insert 3025.5 begin insert and 3111 end insert of the Family Code, relating to child custody.

LEGISLATIVE COUNSEL’S DIGEST

AB 1843, as amended, Jones. Child custody evaluations: confidentiality.

begin delete

Under existing law, reports containing psychological evaluations of a child or recommendations regarding custody of, or visitation with, a child, that are submitted to the court in a proceeding involving child custody or visitation, are required to be kept in the confidential portion of court files, and may be made available only to specified persons.

end delete begin delete

This bill would make a technical, nonsubstantive change to that provision.

end delete begin insert

Existing law authorizes a court, in any contested child custody or visitation rights proceeding, to appoint a child custody evaluator to conduct a child custody evaluation, as specified, if the court determines it is in the best interests of the child. Existing law requires the child custody evaluator, if directed by the court, to file a written confidential report on his or her evaluation at least 10 days before any hearing regarding the custody of the child with the clerk of the court, as specified. Existing law requires this report to be served on the parties or their attorneys, and any other counsel appointed for the child. Existing law otherwise prohibits the disclosure of the report, except in certain probate guardianship proceedings, as specified.

end insert begin insert

Existing law requires the information from a report containing psychological evaluations of a child or recommendations regarding custody or visitation submitted to the court in any proceeding involving child custody or visitation rights to be contained in a document that is to be placed in the confidential portion of the court file. Existing law applies this requirement to, among other things, the written confidential report described above, child custody or visitation recommendations made to the court pursuant to mediation proceedings, and a written statement of issues and contentions put forth by a child’s appointed counsel. Existing law prohibits these reports and recommendations from being disclosed, except to specified persons, including, among others, a party to the proceeding or his or her attorney, a federal or state law enforcement officer, a court employee acting within the scope of his or her duties, a child’s appointed counsel, or any other person upon order of the court for good cause.

end insert begin insert

The bill would make a clarifying change to authorize the child custody evaluator’s written confidential report to be disclosed pursuant to the provisions described above. The bill would delete an obsolete provision relating to the written statement of issues and contentions put forth by a child’s appointed counsel.

end insert

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 3025.5 of the Family Code is amended
to read:

3025.5.  

In a proceeding involving child custody or visitation
rights, if a report containing psychological evaluations of a child
or recommendations regarding custody of, or visitation with, a
child is submitted to the court, including, but not limited to, a
report created pursuant to Chapter 6 (commencing with Section
3110) of this begin delete part, end delete begin insert part and end insert a recommendation made to the court
pursuant to Section 3183, begin delete and a written statement of issues and
contentions pursuant to subdivision (b) of Section 3151, end delete that
information shall be contained in a document that shall be placed
in the confidential portion of the court file of the proceeding, and
may not be disclosed, except to the following persons:

(a) A party to the proceeding and his or her attorney.

(b) A federal or state law enforcement officer, judicial officer,
court employee, or family court facilitator of the superior court of
the county in which the action was filed, or an employee or agent
of that facilitator, acting within the scope of his or her duties.

(c) Counsel appointed for the child pursuant to Section 3150.

(d) Any other person upon order of the court for good cause.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 3111 of the end insert begin insert Family Code end insert begin insert is amended to read: end insert

3111.  

(a) In any contested proceeding involving child custody
or visitation rights, the court may appoint a child custody evaluator
to conduct a child custody evaluation in cases where the court
determines it is in the best interests of the child. The child custody
evaluation shall be conducted in accordance with the standards
adopted by the Judicial Council pursuant to Section 3117, and all
other standards adopted by the Judicial Council regarding child
custody evaluations. If directed by the court, the court-appointed
child custody evaluator shall file a written confidential report on
his or her evaluation. At least 10 days before any hearing regarding
custody of the child, the report shall be filed with the clerk of the
court in which the custody hearing will be conducted and served
on the parties or their attorneys, and any other counsel appointed
for the child pursuant to Section 3150. The report may be
considered by the court.

(b) The report shall not be made available other than as provided
in subdivision (a) begin insert or Section 3025.5 end insert , or as described in Section
204 of the Welfare and Institutions Code or Section 1514.5 of the
Probate Code. Any information obtained from access to a juvenile
court case file, as defined in subdivision (e) of Section 827 of the
Welfare and Institutions Code, is confidential and shall only be
disseminated as provided by paragraph (4) of subdivision (a) of
Section 827 of the Welfare and Institutions Code.

(c) The report may be received in evidence on stipulation of all
interested parties and is competent evidence as to all matters
contained in the report.

(d) If the court determines that an unwarranted disclosure of a
written confidential report has been made, the court may impose
a monetary sanction against the disclosing party. The sanction
shall be in an amount sufficient to deter repetition of the conduct,
and may include reasonable attorney’s fees, costs incurred, or both,
unless the court finds that the disclosing party acted with substantial
justification or that other circumstances make the imposition of
the sanction unjust. The court shall not impose a sanction pursuant
to this subdivision that imposes an unreasonable financial burden
on the party against whom the sanction is imposed. This
subdivision shall become operative on January 1, 2010.

(e) The Judicial Council shall, by January 1, 2010, do the
following:

(1) Adopt a form to be served with every child custody
evaluation report that informs the report recipient of the
confidentiality of the report and the potential consequences for the
unwarranted disclosure of the report.

(2) Adopt a rule of court to require that, when a court-ordered
child custody evaluation report is served on the parties, the form
specified in paragraph (1) shall be included with the report.

(f) For purposes of this section, a disclosure is unwarranted if
it is done either recklessly or maliciously, and is not in the best
interests of the child.