Bill Text: CA AB2279 | 2021-2022 | Regular Session | Amended

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Bill Title: Custody disposition survey.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-19 - In committee: Held under submission. [AB2279 Detail]

Download: California-2021-AB2279-Amended.html

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Amended  IN  Assembly  March 30, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2279

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Introduced by Assembly Member Blanca Rubio

February 16, 2022

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An act to amend Section 1850 of, and to add Section 1850.5 to, the Family Code, relating to child custody.

LEGISLATIVE COUNSEL'S DIGEST

AB 2279, as amended, Blanca Rubio. Custody disposition survey.

Existing law provides for various proceedings under the Family Code, including, among others, dissolution of marriage, legal separation of the parties, paternity, and custody or support of a child. Existing law authorizes the Judicial Council to provide by rule for the practice and procedure of those proceedings. Existing law requires the Judicial Council to, among other things, assist courts in implementing mediation and conciliation proceedings under those provisions and establish and implement a uniform statistical reporting system relating to proceedings brought for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, including a custody disposition survey.

This bill would require the Judicial Council to include in the uniform statistical reporting system proceedings brought for parentage establishment. The bill would also require the Judicial Council to develop the above-mentioned custody disposition survey on or before January 31, 2023. 1, 2024. The bill would require the custody disposition survey to collect data by county on custody disposition outcomes from mediators and mediators, child custody recommending counselors and information on the total number of dissolutions, nullities, and separations in which children were involved, and the disposition outcomes on all contested custody cases, as specified. counselors, and court files, as specified. The bill would require the survey to collect information on, among other topics, whether the parents mutually developed a parenting plan through mediation. entered into a custody agreement as a result of court mediation, divided by whether they used a mediator or a recommending counselor. The bill would require the Judicial Council to provide an annual report on that information to the Senate Judiciary Committee, the Assembly Judiciary Committee, and the Assembly Select Committee on Domestic Violence.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 1850 of the Family Code is amended to read:

1850.

 The Judicial Council shall do all of the following:

(a) Assist courts in implementing mediation and conciliation proceedings under this code.

(b) (1) Establish and implement a uniform statistical reporting system relating to proceedings brought for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, or for parentage establishment, including, but not limited to, a custody disposition survey.

(2) The custody disposition survey required pursuant to paragraph (1) shall be developed in compliance with Section 1850.5.

(c) Administer a program of grants to public and private agencies submitting proposals for research, study, and demonstration projects in the area of family law, including, but not limited to, all of the following:

(1) The development of conciliation and mediation and other newer dispute resolution techniques, particularly as they relate to child custody and to avoidance of litigation.

(2) The establishment of criteria to ensure that a child support order is adequate.

(3) The development of methods to ensure that a child support order is paid.

(4) The study of the feasibility and desirability of guidelines to assist judges in making custody decisions.

(d) Administer a program for the training of court personnel involved in family law proceedings, which shall be available to the court personnel and which shall be totally funded from funds specified in Section 1852. The training shall include, but not be limited to, the order of preference for custody of minor children and the meaning of the custody arrangements under Part 2 (commencing with Section 3020) of Division 8.

(e) Conduct research on the effectiveness of current family law for the purpose of shaping future public policy.

SEC. 2.

 Section 1850.5 is added to the Family Code, to read:

1850.5.

 (a) On or before January 31, 2023, 1, 2024, the Judicial Council Council, in consultation with advocates for children and families, shall develop a the custody disposition survey that is required by subdivision (b) of Section 1850.

(b) The custody disposition survey shall collect data by county on custody disposition outcomes from mediators and mediators, child custody recommending counselors and shall collect information on the total number of dissolutions, nullities, and separations in which children were involved, and the disposition outcomes on all contested custody cases. counselors, and court files. The survey shall collect information on all of the following:

(1) Whether the parents mutually developed a parenting plan through court mediation. entered into a custody agreement as the result of court mediation, divided by whether they used a mediator or a recommending counselor.

(2)(A)Whether a parent or household member is alleged to have a history of being the dominant aggressor of domestic violence, committing child physical or sexual abuse, or being a habitual or continual substance abuser, pursuant to subdivisions (b) and (d) of Section 3011.

(B)The information collected pursuant to subparagraph (A) shall also include the relationship of that person to the child.

(3)If allegations under paragraph (2) arose and whether the court ordered the child or children into any of the following:

(A)Unsupervised contact with the parent alleged to be unsafe without an investigation.

(B)Unsupervised contact with the parent alleged to be unsafe after a court employee or appointee conducted an investigation pursuant to Section 3118 and provided a report to the court on form FL-329 that recommended unsupervised contact with that parent.

(C)Unsupervised contact with the parent alleged to be unsafe after a court employee or appointee conducted an evaluation pursuant to Section 730 of the Evidence Code, without an investigation pursuant to Section 3118, and recommended unsupervised contact with that parent.

(D)Supervised visits or no contact with the parent requesting safety for the child.

(4)Whether there is evidence or corroboration of a history of domestic violence, child physical or sexual abuse, or substance abuse, including, but not limited to, law enforcement reports, arrest records, criminal background reports, restraining orders covering a parent or a parent and children, convictions, receipt of Victims of Crime Program funding, multidisciplinary interview team (MDIT) forensic interviews, forensic medical examinations, Sexual Abuse Response Team (S.A.R.T) reports, child welfare services referrals, reports, and recommendations, juvenile court proceedings, assessments showing risk of lethality, participation in batterer treatment programs, participation in anger management programs, participation in substance abuse treatment programs, substance abuse assessments, drug testing, medical reports, therapist reports, and witnesses.

(5)Whether there was any evidence that the child sustained further injury, or was killed, by the alleged unsafe parent.

(6)Whether a professional involved recommended reunification or unsupervised contact with the alleged unsafe parent.

(7)Whether either parent was ordered to have no contact with the child, supervised visits, unsupervised visits, full physical and shared legal custody, or full physical and legal custody.

(2) For cases in which a custody agreement was not reached by the parties, whether a parent is alleged to have a history of committing domestic violence or child abuse.

(3) Whether a court made a finding that a parent has perpetrated domestic violence or child abuse within the previous five years.

(4) Whether a parent who had a finding made by the court as specified in paragraph (3) was awarded custody of, or visitation with, a child, and, if so, what type of custody or visitation, from the following options:

(A) Supervised visitation.

(B) Unsupervised visitation.

(C) Physical custody, whether sole or joint.

(D) Legal custody, whether sole or joint.

(c) (1) The Judicial Council shall provide an annual report to the Senate Judiciary Committee, the Assembly Judiciary Committees, and the Assembly Select Committee on Domestic Violence on the information gathered pursuant to subdivision (b).

(2) The report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.