Bill Text: CA SB1182 | 2021-2022 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Family law.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-09-17 - Chaptered by Secretary of State. Chapter 385, Statutes of 2022. [SB1182 Detail]

Download: California-2021-SB1182-Amended.html

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Amended  IN  Senate  April 18, 2022

Amended  IN  Senate  March 09, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill

No. 1182

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Introduced by Senator Eggman

February 17, 2022

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An act to amend Sections 3011 and Section 3040 of, and to add Section 211.5 to, the Family Code, relating to family law.

LEGISLATIVE COUNSEL'S DIGEST

SB 1182, as amended, Eggman. Family law.

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 in proceedings pursuant to those provisions.

This bill would also require a court court, in family law proceedings, to provide self-identified veterans with a list of resources for veterans, including information about how to contact the local office of the Department of Veterans Affairs. The bill would require a court to inquire about a person’s veteran or military status and take into consideration that status in all proceedings pursuant to the Family Code. The bill would commence those provisions as of January 1, 2024. The bill would require the Judicial Council to develop the forms needed to implement those provisions on or before January 1, 2024.

Existing law governs the determination of child custody and visitation in contested proceedings. Under existing law, custody should be granted in a specified order of preference according to the best interest of the child.

This bill would, commencing January 1, 2024, prohibit the court from considering a history of mental illness of a parent, legal guardian, or relative in determining the best interest of the child absent a finding by the court that the parent, legal guardian, or relative’s history of mental illness would make them unsuitable and unable to provide adequate and proper care and guidance for the child, as specified. require a court, in granting custody pursuant to the best interest of the child, to provide the parent, legal guardian, or relative with a list of local resources for mental health treatment and state its reasons for the finding and the evidence relied upon in writing or on the record, if the court finds that the effects of a parent’s, legal guardian’s, or relative’s history of or current mental illness are a factor in determining the best interest of the child.

The bill would make related findings and declarations.

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.

 The Legislature finds and declares all of the following:

(a) Nearly 1 in 5 adult Americans live with a mental illness.

(b) Nearly 1 in 5 veterans lives with a service connected mental health disorder or cognitive disorder.

(c) The rate of major depression among soldiers was five times as high as civilians and the rate of post-traumatic stress disorder was nearly 15 times higher than the general public.

(d) Having a mental health disorder, including a service-linked disorder, does not inherently make you more violent.

(e) A mental health disorder should not be used as a sole predictor of future violence.

(f) Research indicates individuals with a mental illness are more likely to be victims of violence than perpetrators of it.

(g) Navigating family court can be traumatizing and extraordinarily mentally, emotionally, and financially taxing to families. This is especially true for individuals with mental health disorders.

(h) Service-linked mental health issues come with their own unique barriers, stigma, and complications.

(i) There are existing services for veterans who have a criminal case pending.

(j) Many veterans who find themselves involved in family court proceedings do not have a criminal case and are unable to access many of the wrap-around services provided to veterans that do.

(k) Veterans should not have to break the law to be connected to services designed to support them.

(l) Individuals with mental health issues are fully capable of being loving and supportive parents.

(m) No parent should lose custody of their child due solely to a manageable mental health issue.

SECTION 1.SEC. 2.

 Section 211.5 is added to the Family Code, to read:

211.5.

 (a) Commencing January 1, 2024, in proceedings under this code, a court shall provide self-identified veterans with a list of resources for veterans, including information about how to contact the local office of the Department of Veterans Affairs.

(b)Commencing January 1, 2024, the court shall inquire about a person’s veteran or military status and take into consideration that status in all proceedings pursuant to this code.

(b) It is the intent of the Legislature that any information provided pursuant to subdivision (a) be similar in form to the information provided on the form developed pursuant to Section 858 of the Penal Code.

(c) On or before January 1, 2024, the Judicial Council shall develop the forms necessary to implement this section.

SEC. 2.Section 3011 of the Family Code is amended to read:

3011.

(a)In making a determination of the best interests of the child in a proceeding described in Section 3021, the court shall, among any other factors it finds relevant and consistent with Section 3020, consider all of the following:

(1)The health, safety, and welfare of the child.

(2)(A)A history of abuse by one parent or any other person seeking custody against any of the following:

(i)A child to whom the parent or person seeking custody is related by blood or affinity or with whom the parent or person seeking custody has had a caretaking relationship, no matter how temporary.

(ii)The other parent.

(iii)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.

(B)As a prerequisite to considering allegations of abuse, the court may require 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 paragraph, “abuse against a child” means “child abuse and neglect” as defined in Section 11165.6 of the Penal Code and abuse against any other person described in clause (ii) or (iii) of subparagraph (A) means “abuse” as defined in Section 6203.

(3)The nature and amount of contact with both parents, except as provided in Section 3046.

(4)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 paragraph, “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).

(5)(A)When allegations about a parent pursuant to paragraphs (2) or (4) have been brought to the attention of the court in the current proceeding, and the court makes an order for sole or joint custody or unsupervised visitation 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 (c) of Section 6323.

(B)This paragraph does not apply if the parties stipulate in writing or on the record regarding custody or visitation.

(b)Notwithstanding subdivision (a), the court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interests of the child.

(c)(1)Commencing January 1, 2024, notwithstanding subdivision (a), the court shall not consider a history of or current mental illness of a parent, legal guardian, or relative in determining the best interest of the child under subdivision (a) absent a finding by the court that the parent, legal guardian, or relative’s history of mental illness would make them unsuitable and unable to provide adequate and proper care and guidance for the child.

(2)

A court that makes a finding described in paragraph (1) shall be subject to the requirements of paragraph (2) of subdivision (d) of Section 3040.

SEC. 3.

 Section 3040 of the Family Code is amended to read:

3040.

 (a) Custody should be granted in the following order of preference according to the best interest of the child as provided in Sections 3011 and 3020:

(1) To both parents jointly pursuant to Chapter 4 (commencing with Section 3080) or to either parent. In making an order granting custody to either parent, the court shall consider, among other factors, which parent is more likely to allow the child frequent and continuing contact with the noncustodial parent, consistent with Sections 3011 and 3020. The court, in its discretion, may require the parents to submit to the court a plan for the implementation of the custody order.

(2) If to neither parent, to the person or persons in whose home the child has been living in a wholesome and stable environment.

(3) To any other person or persons deemed by the court to be suitable and able to provide adequate and proper care and guidance for the child.

(b) The immigration status of a parent, legal guardian, or relative shall not disqualify the parent, legal guardian, or relative from receiving custody under subdivision (a).

(c) The court shall not consider the sex, gender identity, gender expression, or sexual orientation of a parent, legal guardian, or relative in determining the best interest of the child under subdivision (a).

(d)(1)Commencing January 1, 2024, the court shall not consider a history of or current mental illness of a parent, legal guardian, or relative in determining the best interest of the child under subdivision (a) absent a finding by the court that the parent, legal guardian, or relative’s history of mental illness would make them unsuitable and unable to provide adequate and proper care and guidance for the child.

(2)A court that makes a finding described in paragraph (1) shall do both of the following:

(d) (1) Commencing January 1, 2024, if a court finds that the effects of a parent’s, legal guardian’s, or relative’s history of or current mental illness are a factor in determining the best interest of the child under subdivision (a), the court shall do both of the following:

(A) Provide the parent, legal guardian, or relative with a list of local resources for mental health treatment.

(B)Make a written statement on the record how the person’s mental illness factored into the judge’s ruling.

(3)

(B) State its reasons for the finding and the evidence relied upon in writing or on the record.

(2) Nothing in this subdivision prohibits a court from considering violence, even violence violence or abuse, even violence or abuse as a result of mental illness, from determining the best interest of the child.

(3) For purposes of this subdivision “mental illness” means a significant mental illness or emotional impairment, as determined by a mental health professional qualified under the laws and regulations of the state.

(e) This section establishes neither a preference nor a presumption for or against joint legal custody, joint physical custody, or sole custody, but allows the court and the family the widest discretion to choose a parenting plan that is in the best interest of the child, consistent with this section.

(f) In cases where a child has more than two parents, the court shall allocate custody and visitation among the parents based on the best interest of the child, including, but not limited to, addressing the child’s need for continuity and stability by preserving established patterns of care and emotional bonds. The court may order that not all parents share legal or physical custody of the child if the court finds that it would not be in the best interest of the child as provided in Sections 3011 and 3020.