Bill Text: CA SB1436 | 2017-2018 | Regular Session | Amended

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

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Bill Title: Natural parent and child relationship: establishment.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2018-07-16 - Chaptered by Secretary of State. Chapter 116, Statutes of 2018. [SB1436 Detail]

Download: California-2017-SB1436-Amended.html

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Amended  IN  Senate  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill

No. 1436

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Introduced by Senator Portantino

February 16, 2018

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An act relating to homelessness. to amend Section 6453 of the Probate Code, relating to intestate succession.

LEGISLATIVE COUNSEL'S DIGEST

SB 1436, as amended, Portantino. Homelessness. Natural parent and child relationship: establishment.

Existing law requires the property of a decedent’s estate not disposed of by will to be passed to the decedent’s heirs through intestate succession and provides for the intestate rights between a natural parent and child. Existing law establishes a natural parent and child relationship, for the purposes of intestate succession, based on provisions of the Uniform Parentage Act, except as the provisions of that act are specifically excluded. A natural parent and child relationship includes, among others, a person and the child he or she adopts, and a person and the child to whom the person gives birth.

This bill would expand those conditions that allow a natural parent and child relationship to be determined under the act to include when paternity is established by clear and convincing genetic DNA evidence.

Existing law establishes various programs, including, among others, the Emergency Housing and Assistance Program, to provide assistance to homeless persons. Existing law also establishes the Homeless Coordinating and Financing Council to, among other things, create a statewide data system or warehouse that collects local data through homeless management information systems, with the ultimate goal of matching data on homelessness programs to programs impacting homeless recipients of state programs, as specified.

This bill would express the intent of the Legislature to enact legislation relating to homeless encampments in California.

Digest Key

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

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Bill Text

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

SECTION 1.

 Section 6453 of the Probate Code is amended to read:

6453.

 For the purpose of determining whether a person is a “natural parent” as that term is used in this chapter:

(a) A natural parent and child relationship is established where that relationship is presumed and not rebutted pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code).

(b) A natural parent and child relationship may be established pursuant to any other provisions of the Uniform Parentage Act, except that the relationship may not be established by an action under subdivision (c) of Section 7630 of the Family Code unless any of the following conditions exist:

(1) A court order was entered during the father’s lifetime declaring paternity.

(2) Paternity is established by clear and convincing evidence that the father has openly held out the child as his own.

(3) It was impossible for the father to hold out the child as his own and paternity is established by clear and convincing evidence.

(4) Paternity is established by clear and convincing genetic DNA evidence.

(c) A natural parent and child relationship may be established pursuant to Section 249.5.

SECTION 1.

It is the intent of the Legislature to enact legislation relating to homeless encampments in California.