Bill Text: CA SB24 | 2021-2022 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Domestic violence: protective orders: information pertaining to a child.

Spectrum: Moderate Partisan Bill (Democrat 10-2)

Status: (Engrossed) 2021-05-13 - Referred to Com. on JUD. [SB24 Detail]

Download: California-2021-SB24-Introduced.html


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 24


Introduced by Senators Caballero and Rubio

December 07, 2020


An act to add Section 6323.5 to the Family Code, relating to domestic violence.


LEGISLATIVE COUNSEL'S DIGEST


SB 24, as introduced, Caballero. Domestic violence: protective orders: information pertaining to a child.
Existing law authorizes a court to issue an order enjoining a party from engaging in specified acts against another party, including threatening or harassing that party, and, in the discretion of the court, against other named family or household members. An intentional or knowing violation of this order is punishable as a misdemeanor.
This bill would authorize a court to issue an ex parte order restraining a party from accessing records and information pertaining to the health care, education, daycare, or employment of a minor child of the parties, and would require the Judicial Council to develop or update any other forms or rules of court that are necessary to implement this provision. The bill would require the third party to develop protocols relating to the enforcement of the order, as specified. The bill would also prohibit a third party from being held civilly liable if, in complying with a protective or restraining order that is regular upon its face, the third party acts in good faith in restricting a parent who is the respondent on the order from accessing the health care, education, daycare, or employment of the minor child. By expanding the scope of an existing crime, the bill would impose a state-mandated program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 6323.5 is added to the Family Code, to read:

6323.5.
 (a) In accordance with Section 6322, a court may issue an ex parte order restraining a party from accessing records and information pertaining to the health care, education, daycare, or employment of a minor child of the parties.
(b) Every third party, including a public or private school, health care facility, daycare facility, dental facility, and place of employment of a minor child described in subdivision (a) shall develop protocols relating to the enforcement of the order described in subdivision (a), including, but not limited to, the appropriate personnel responsible for receiving the protective order, an alert protocol in the internal system that immediately alerts the staff regarding the protections in the order when the restrained parent tries to access the information, and a procedure for providing the party that provides a copy of the order to the third party with a receipt indicating when, and to which specific person, a copy of the order was submitted when it was submitted to the third party.
(c) A third party described in subdivision (b) shall not be held civilly liable if, in complying with a protective or restraining order that is regular upon its face, the third party acts in good faith in restricting a parent who is the respondent on the order from accessing records and information pertaining to the health care, education, daycare, or employment of the minor child described in subdivision (a). This subdivision does not apply to a third party described in subdivision (b) who fails to comply with the terms of a protective order.
(d) The Judicial Council shall develop or update any forms or rules of court that are necessary to implement subdivision (a).

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.
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