BILL ANALYSIS �
AB 1843
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1843 (Jones and Gordon)
As Amended July 1, 2014
Majority vote
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|ASSEMBLY: |75-0 |(May 5, 2014) |SENATE: |34-0 |(August 7, |
| | | | | |2014) |
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Original Committee Reference: JUD.
SUMMARY : Authorizes the disclosure of a confidential child
custody evaluation to the licensing entity of an evaluator.
Specifically, this bill :
1)Authorizes the disclosure of a child custody report to the
licensing entity of the child custody evaluator.
2)Requires that all confidential information in the child
custody report that is disclosed to the licensing entity shall
remain confidential and shall only be used for investigating
allegations of unprofessional conduct. Requires that all
confidential information, including the identity of any
minors, shall retain its confidential nature in any proceeding
resulting from the investigation of unprofessional conduct,
shall be sealed at the conclusion of the proceeding, and shall
not subsequently be released. If the confidential information
does not result in a proceeding, requires that it be sealed
after the licensing entity decides that no further action will
be taken.
3)Requires the licensing entity, upon receipt of a child custody
evaluation report, to notify the non-complaining party in the
underlying custody dispute of the pending investigation of the
child custody evaluator.
4)Since the written statement of issues that was required to be
submitted by minor's counsel no longer exists, deletes the
requirement that the statement of issues, if it contains
psychological evaluations of the child or recommendations
regarding custody of the child, be placed in the confidential
section of the court file.
5)Makes other technical, non-substantive changes.
AB 1843
Page 2
The Senate amendments authorize disclosure of the child custody
report to the evaluator's licensing entity and require that it
be kept confidential.
EXISTING LAW :
1)States that the health, safety and welfare of children is the
court's primary concern when determining the best interests of
children for child custody and visitation orders.
2)Permits the court, in a contested child custody or visitation
proceeding where the court determines it is in the best
interests of the child, to appoint an evaluator to conduct a
child custody evaluation. Allows the court to require a
written confidential report on the evaluation, which shall be
filed with the clerk and served on the parties or their
counsel and any minor's counsel.
3)Requires that the confidential child custody report not be
made available other than to the parties or their counsel, any
minor's counsel, a court, child protective services, a
probation officer, or a guardianship investigator. Provides
that the information in the report received from a juvenile
court case file is confidential and may only be disseminated
as provided.
4)Requires that the confidential child custody report may not be
disclosed except to the following:
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) Minor's counsel appointed for the child; or
d) Any other person upon order of the court for good cause.
5)Establishes qualifications required of child custody
evaluators. Sets forth initial and continuing domestic
AB 1843
Page 3
violence training for child custody mediators, investigators
and evaluators. Court rules specify qualifications for
evaluators and specify the scope of the evaluation.
6)Requires that local rules include a complaint procedure for
mediators and evaluators.
7)Allows the court to appoint a minor's counsel to represent a
child's best interests during a custody dispute, but no longer
permits the minor's counsel to provide the court with a
written statement of issues and contentions.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : In a contested child custody or visitation
proceeding, the court may appoint a child custody evaluator to
conduct a child custody evaluation if the court determines it is
in the best interests of the child. Evaluations contain highly
personal, sensitive, and confidential information. In most
cases, an evaluation will consist of several interviews and may
include psychological testing. The evaluation must comply with
standards adopted by the Judicial Council which specify the
qualifications of the evaluator, as well as the scope of the
evaluation.
A child custody evaluator who is licensed by the Medical Board
of California, the Board of Psychology, or the Board of
Behavioral Sciences is subject to disciplinary action by that
board for unprofessional conduct. The Board of Behavioral
Sciences claims that it receives approximately 200 complaints of
unprofessional conduct per year related to its licensees serving
as child custody evaluators which it must investigate. The
confidential child custody evaluation, however, may only be
provided to a party, a court or judicial officer, law
enforcement, or minor's counsel. Any other person who wishes to
see the evaluation must petition the court and show good cause
as to why he or she needs the report. This bill, sponsored by
the Board of Behavioral Sciences, authorizes the licensing
entity of a child custody evaluator to receive a report for the
purposes of investigating allegations of unprofessional conduct
by the child custody evaluator, or in a criminal, civil, or
administrative proceeding involving the child custody evaluator.
AB 1843
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This bill also makes other non-substantive technical corrections
to the law regarding child custody evaluations, including
deletion of a reference to a written statement of issues and
contentions prepared by minor's counsel. That report is no
longer permitted pursuant to the Judiciary Committee's AB 939
(Chapter 352, Statutes of 2010). Since the written statement no
longer exists, the reference to it should be deleted.
Analysis Prepared by : Leora Gershenzon / JUD. / (916)
319-2334
FN: 0004348