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

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) 2021-04-05 - In Assembly. Read first time. Held at Desk. [SB24 Detail]

Download: California-2021-SB24-Amended.html

Amended  IN  Senate  February 24, 2021

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Senate Bill
No. 24


Introduced by Senators Caballero and Rubio
(Principal coauthor: Assembly Member Quirk-Silva)
(Coauthors: Senators Eggman, Melendez, and Skinner)
(Coauthors: Assembly Members Burke, Carrillo, Cristina Garcia, Luz Rivas, Patterson, and Blanca 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 amended, 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 include in an ex parte order a provision restraining a party from accessing records and information pertaining to the health care, education, daycare, recreational activities, 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. parties. The bill would require an essential care provider, as defined, to develop protocols relating to compliance with that order on or before February, 1, 2023, and would require a discretionary services organization, as defined, to develop those protocols within 30 days of receipt of the first order. The bill would prohibit an essential care provider or discretionary services organization from being held civilly liable for claims arising as a result of withholding records if they are complying with the order and acting in good faith. The bill would require the Judicial Council to develop or update any other forms or rules of court that are necessary to implement these provisions. 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) (1) In accordance with Section 6322, a court may issue include in an ex parte order a provision restraining a party from accessing records and information pertaining to the health care, education, daycare, recreational activities, 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.

(2) A parent or guardian may provide a copy of an order with a provision specified in paragraph (1) to an essential care provider or a discretionary services organization, or both.
(b) (1) (A) An essential care provider shall, on or before February 1, 2023, develop protocols relating to the provider’s compliance with the order described in subdivision (a), including, at a minimum, designating the appropriate personnel responsible for receiving the protective order, establishing a means of ensuring that the restrained party is not able to access the records or information, and implementing a procedure for submission of a copy of an order and for providing the party that submits the copy of the order with documentation indicating when, and to whom, the copy of the order was submitted.
(B) A discretionary services organization that is provided an order described in subdivision (a), shall develop the protocols specified in paragraph (1) within 30 days of receipt of the first order.
(2) If an essential care provider or discretionary services organization is provided with a copy of an order described in subdivision (a), the essential care provider or discretionary services organization shall not release information or records pertaining to the child to the restrained party. This requirement applies regardless of whether the essential care provider or discretionary services organization has finalized the protocols described in paragraph (1).
(c) (1) An essential care provider or discretionary services organization shall not be held civilly liable for claims arising as a result of withholding records or information from the parent who is a respondent on a restraining order described in subdivision (a) if, in complying with the order, the essential care provider or discretionary services organization acted in good faith.
(2) Paragraph (1) shall not apply to an essential care provider or discretionary services organization that is not in compliance with subdivision (b) unless it was within 30 days of receiving their first restraining order described in subdivision (a).
(d) The Judicial Council shall develop or update any forms or rules of court that are necessary to implement subdivision (a). this section.
(e) For purposes of this section, the following definitions apply:
(1) “Discretionary services organization” includes any organization that provides nonessential services to children, such as recreational activities, entertainment, and summer camps. “Discretionary services organization” also includes a place of employment of a minor described in subdivision (a).
(2) “Essential care provider” includes a public or private school, health care facility, daycare facility, dental facility, or other similar organization that frequently provides essential social, health, or care services to children.
(f) Subdivisions (a), (b), (c), and (e) shall become operative on January 1, 2023.

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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