Bill Text: CA SB599 | 2023-2024 | Regular Session | Introduced

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

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Bill Title: Visitation rights.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Passed) 2023-10-08 - Chaptered by Secretary of State. Chapter 493, Statutes of 2023. [SB599 Detail]

Download: California-2023-SB599-Introduced.html

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CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 599

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Introduced by Senator Caballero

February 15, 2023

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An act to amend Sections 3011, 3100, and 3200 of the Family Code, relating to child custody.

LEGISLATIVE COUNSEL'S DIGEST

SB 599, as introduced, Caballero. Visitation rights.

Existing law governs the determination of child custody and visitation in contested proceedings. Existing law requires the court, for purposes of deciding custody or visitation, to determine the best interests of the child based on certain factors, including the health, safety, and welfare of the child, and the nature and amount of contact with both parents, except as specified. Existing law also requires the court to determine, under designated circumstances, whether visitation shall be supervised, suspended, limited, or denied. Under existing law, if the court finds that a party is staying in a domestic violence shelter or other confidential location, the court is required to design a visitation order to prevent disclosure of the location of the shelter or other confidential location.

This bill would require the court to also consider whether either parent has recently or is currently residing in a confidential or undisclosed location due to domestic violence, and whether virtual visitation, as defined, would provide a safer alternative to in-person visitation. Under these circumstances, the bill would require the court to order in-person visitation only if the court finds that in-person visitation can be provided safely and securely and taking into consideration, among other things, the potential for disclosure of the confidential location.

Existing law requires the Judicial Council to develop standards for supervised visitation providers in accordance with specified guidelines. When developing standards, existing law requires the Judicial Council to consider, among other things, the provider’s qualifications, experience, and education. Under existing law, the term “provider” includes any individual who functions as a visitation monitor, as well as supervised visitation centers.

This bill would authorize superior court locations to serve as supervised visitation and exchange locations, and would also authorize the court to designate employees and contractors to provide supervised visitation and exchange services or assistance with those services.

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:

(1) Approximately 1 in 15 children in the United States are exposed to domestic violence each year.

(2) Most child abuse in the United States is perpetrated in the family and by a parent. Intimate partner violence and child abuse overlap in the same families at rates between 30 and 60 percent. A child’s risk of abuse increases after a perpetrator of intimate partner violence separates from a domestic partner, even when the perpetrator has not previously directly abused the child. Children in the United States who have witnessed intimate partner violence are approximately four times more likely to experience direct child maltreatment than children who have not witnessed intimate partner violence.

(3) According to the California Office of Emergency Services, in 2020–21, domestic violence survivors and their children were sheltered for 608,658 nights in domestic violence programs.

(4) Nearly 60 percent of intimate partner violence-related homicides involve firearms, often involving children as well. When perpetrators of intimate partner violence, including physical violence, sexual abuse, stalking, and psychological aggression of a current or former intimate partner, have access to firearms, women and children are especially at risk of serious or deadly harm.

(5) The Center for Judicial Excellence has found that between 2008 and 2022, 887 children have been killed by a parent as described in news accounts that also mention divorce, separation, custody, and visitation being an issue in those matters.

(6) Professionally supervised visitation centers are not available in most counties in the state thereby preventing safe, secure options for families where such supervision can reduce risks of violence and lethality in domestic violence cases and provide security to reduce the likelihood that firearms will be present during a child custody visit or exchange.

(7) Children have the right to be safe and free from domestic violence, and virtual visitation options can provide opportunities to decrease the risk associated with in-person visitation and exchange in child custody matters involving domestic violence, especially when parents and children are living in confidential locations.

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. 3046, including whether either parent has recently or is currently residing in a confidential or undisclosed location due to domestic violence.

(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 paragraph (2) (2), (3), 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 or stipulation 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.

SEC. 3.

 Section 3100 of the Family Code is amended to read:

3100.

 (a) In making an order pursuant to Chapter 4 (commencing with Section 3080), the court shall grant reasonable visitation rights to a parent when it is shown that the visitation would be in the best interest of the child, as defined in Section 3011, and consistent with Section 3020. In the discretion of the court, reasonable visitation rights may be granted to any other person having an interest in the welfare of the child.

(b) (1) If a protective order, as defined in Section 6218, 6218 of this code or 136.2 of the Penal Code, has been directed to a parent, the court shall consider whether the best interest of the child requires that any visitation by that parent be suspended, denied, or limited to situations in which a third person, specified by the court, is present, or whether visitation shall be suspended, limited, or denied. including virtual visitation if such visitation provides a safer alternative to any in-person visitation. The court shall include in its deliberations a consideration of the nature of the acts from which the parent was enjoined and the period of time that has elapsed since that order. A parent may submit to the court the name of a person that the parent deems suitable to be present during visitation.

(2) In determining whether to grant visitation rights under paragraph (1), including whether virtual visitation is the most appropriate option, the court shall consider the nature of the acts that lead to the protective order and the period of time that has elapsed since that order. A parent may submit to the court the name of a person that the parent deems suitable to be present during visitation. However, even if a name or a proposed schedule for in person visitation is provided, the court shall consider the best interest of the child as described in this section before making an order for visitation.

(c) If visitation is ordered in a case in which domestic violence is alleged and an emergency protective order, protective order, or other restraining order has been issued, the visitation order shall specify the time, day, place, and manner of transfer of the child, the visitation, including virtual visitation, or any transfer of the child, so as to limit the child’s exposure to potential domestic conflict or violence and violence, to ensure the safety of all family members. members, and to minimize any opportunity for the use of coercive control. If a criminal protective order has been issued pursuant to Section 136.2 of the Penal Code, the visitation order shall make reference to, and, unless there is an emergency protective order that has precedence in enforcement pursuant to paragraph (1) of subdivision (c) of Section 136.2 of the Penal Code or a no-contact order, as described in Section 6320, acknowledge the precedence of enforcement of, an appropriate criminal protective order.

(d) If the court finds a party is staying in a place designated as a shelter for victims of domestic violence or other confidential location, the court’s order for time, day, place, and manner of transfer of the child for visitation shall be designed to prevent disclosure of the location of the shelter or other confidential location. visitation or parent-child contact shall be designed to prevent disclosure of the location of the shelter or other confidential location and to protect all adults and children living in that location. The court shall only order in-person visitation if the court finds that in-person visitation can be provided safely and securely, taking into consideration all of the following:

(1) Access to firearms.

(2) Any violations of the restraining order.

(3) Information obtained under Section 6306, the requirements of this section, and the information obtained under subparagraph (A) of paragraph (5) of subdivision (a) of Section 3011.

(4) The potential for disclosure of the confidential location.

(e) For purposes of this section, “virtual visitation” means use of electronic communication tools to provide contact between a parent and their children as part of a parenting plan or custody order. Virtual visitation includes many forms of communication, such as instant messaging and videoconferencing.

SEC. 4.

 Section 3200 of the Family Code is amended to read:

3200.

 The Judicial Council shall develop standards for supervised visitation providers in accordance with the guidelines set forth in this section. For the purposes of the development of these standards, the term “provider” shall include any individual who functions as a visitation monitor, as well as supervised visitation centers. centers, including those housed in superior court locations. Provisions shall be made within the standards to allow for the diversity of supervised visitation providers.

(a) When developing standards, the Judicial Council shall consider all of the following issues:

(1) The provider’s qualifications, experience, and education.

(2) Safety and security procedures, including ratios of children per supervisor.

(3) Any conflict of interest.

(4) Maintenance and disclosure of records, including confidentiality policies.

(5) Procedures for screening, delineation of terms and conditions, and termination of supervised visitation services.

(6) Procedures for emergency or extenuating situations.

(7) Orientation to and guidelines for cases in which there are allegations of domestic violence, child abuse, substance abuse, or special circumstances.

(8) The legal obligations and responsibilities of supervisors.

(b) The Judicial Council shall consult with visitation centers, mothers’ groups, fathers’ groups, judges, the State Bar of California, children’s advocacy groups, domestic violence prevention groups, Family Court Services, and other groups it regards as necessary in connection with these standards.

(c) It is the intent of the Legislature that the safety of children, adults, and visitation supervisors be a precondition to providing visitation services. Once safety is assured, the best interest of the child is the paramount consideration at all stages and particularly in deciding the manner in which supervision is provided.

(d) Superior court locations may serve as supervised visitation and exchange locations. Superior courts may designate employees and contractors to provide supervised visitation and exchange services or assistance with those services.