3117.
(a) The Judicial Council shall, by January 1, 1999, do both of the following:(1) Adopt standards for full and partial court-connected court-ordered evaluations, investigations, and assessments related to child custody.
(2) Adopt procedural guidelines for the expeditious and cost-effective cross-examination of
court-appointed investigators, including, but not limited to, the use of electronic technology whereby the court-appointed investigator may not need to be present in the courtroom. These guidelines do not limit the requirement that the court-appointed investigator be available for the purposes of cross-examination. These guidelines shall also provide for written notification to the parties of the right to cross-examine these investigators after the parties have had a reasonable time to review the investigator’s report.
(b) The Judicial Council shall, on or before January 1, 2021, include within the standards adopted pursuant to paragraph (1) of subdivision (a), standards for recommendations made by child custody recommending counseling (CCRC) professionals appointed by the court to make recommendations to the court in cases in which
the parties cannot reach agreement on custody and visitation rights.
(c) (1) A report based on a full or partial court-connected court-ordered
evaluation, CCRC recommendation, investigation, or assessment prepared in compliance with the standards adopted pursuant to subdivisions (a) and (b) and any hearsay evidence contained in a report, is admissible in court and constitutes competent evidence if the report is provided to the court and to all parties or their counsel at least 10 days prior to the custody hearing. The report may be provided on shorter notice and be admissible in court as competent evidence if the 10-day timeline is waived by all parties.
(2) The preparer of the report shall be available for cross-examination upon a timely subpoena by a party at that party’s expense.
(3) A party may introduce admissible evidence and subpoena and cross-examine a witness whose statement was relied upon by the
preparer in forming an opinion, in order to contradict, explain, or place the statement into context, or to provide the court evidence as to the weight that should be accorded the statement.
(4) If the hearsay declarant is a witness and it is clear that the hearsay was significantly relied on by the preparer in forming an opinion, the proponent of the hearsay evidence shall have the burden to produce the witness to testify and be cross-examined.
(5) Hearsay statements from a professional who interacts with families and children, including a teacher, doctor, optometrist, daycare provider, or mental health professional are presumed to be admissible, subject to a party’s right to challenge the statement by
cross-examination. Hearsay statements contained in reports, including medical and dental records, school notices, report cards, progress reports, and normal business records of daycare providers and mental health professionals, are presumed to be reliable. admissible.
(d) On or before January 1, 2021, the Judicial Council shall promulgate a statewide rule of court requiring a person conducting an evaluation, investigation, or assessment in a child custody case to make and maintain a detailed record of all interviews conducted during the evaluation, investigation, or assessment process. The
record shall be made during or immediately following each interview. Interview records shall be maintained in the preparer’s case file until the case is resolved by final order, including any ruling on appeal.