BILL NUMBER: SB 594	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 11, 2015
	AMENDED IN SENATE  MAY 13, 2015
	AMENDED IN SENATE  APRIL 27, 2015
	AMENDED IN SENATE  APRIL 13, 2015

INTRODUCED BY   Senator Wieckowski

                        FEBRUARY 27, 2015

   An act to amend Section 3111 of the Family Code, relating to child
custody.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 594, as amended, Wieckowski. Child custody.
   Existing law allows a court, in any contested hearing involving
child custody or visitation rights, to appoint a child custody
evaluator, as specified. Existing law requires the Judicial Council
to adopt standards for the child custody evaluation.
   This bill would specify that a child custody evaluation,
investigation, or assessment, and any  report conducted
pursuant to that determination,   resulting report,
may only be considered by the court if the evaluation,
investigation, or  assessment   assessment, and
any resulting report,  is conducted in accordance with the
minimum requirements.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 3111 of the Family Code is amended to read:
   3111.  (a)  (1)    In any
contested proceeding involving child custody or visitation rights,
the court may appoint a child custody evaluator to conduct a child
custody evaluation in cases where the court determines it is in the
best interests of the child. The child custody evaluation shall be
conducted in accordance with the standards adopted by the Judicial
Council pursuant to Section 3117, and all other standards adopted by
the Judicial Council regarding child custody evaluations. If directed
by the court, the court-appointed child custody evaluator shall file
a written confidential report on his or her evaluation. At least 10
days before any hearing regarding custody of the child, the report
shall be filed with the clerk of the court in which the custody
hearing will be conducted and served on the parties or their
attorneys, and any other counsel appointed for the child pursuant to
Section 3150. A child custody evaluation, investigation, or
assessment, and any resulting  report   report,
 may be considered by the court only if it is conducted in
accordance with the  minimum  requirements set forth
in the standards adopted by the Judicial Council pursuant to Section
 3117.   3117; however, this does not preclude
the consideration of a child custody evaluation report that contains
nonsubstantive or inconsequential errors or both.  
   (2) This subdivision does not preclude the consideration of a
child custody evaluation report that contains harmless procedural
errors, technical errors, or both. 
   (b) The report shall not be made available other than as provided
in subdivision (a) or Section 3025.5, or as described in Section 204
of the Welfare and Institutions Code or Section 1514.5 of the Probate
Code. Any information obtained from access to a juvenile court case
file, as defined in subdivision (e) of Section 827 of the Welfare and
Institutions Code, is confidential and shall only be disseminated as
provided by paragraph (4) of subdivision (a) of Section 827 of the
Welfare and Institutions Code.
   (c) The report may be received in evidence on stipulation of all
interested parties and is competent evidence as to all matters
contained in the report.
   (d) If the court determines that an unwarranted disclosure of a
written confidential report has been made, the court may impose a
monetary sanction against the disclosing party. The sanction shall be
in an amount sufficient to deter repetition of the conduct, and may
include reasonable attorney's fees, costs incurred, or both, unless
the court finds that the disclosing party acted with substantial
justification or that other circumstances make the imposition of the
sanction unjust. The court shall not impose a sanction pursuant to
this subdivision that imposes an unreasonable financial burden on the
party against whom the sanction is imposed. This subdivision shall
become operative on January 1, 2010.
   (e) The Judicial Council shall, by January 1, 2010, do the
following:
   (1) Adopt a form to be served with every child custody evaluation
report that informs the report recipient of the confidentiality of
the report and the potential consequences for the unwarranted
disclosure of the report.
   (2) Adopt a rule of court to require that, when a court-ordered
child custody evaluation report is served on the parties, the form
specified in paragraph (1) shall be included with the report.
   (f) For purposes of this section, a disclosure is unwarranted if
it is done either recklessly or maliciously, and is not in the best
interests of the child.