Corporate Donation

We could use your help. If you are interested in making a corporate donation for 2008, please e-mail Michael Robinson. As always, thank you for your generous support!

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Issues

Every year sees a host of hot issues that threaten to harm the rights of parents and children. 2007 is no exception. These are some of the key legislative bills and legal issues that are we are focused on at the moment:

Military Parents an Child Custody

Child Custody Evaluation Changes

Conflict Reduction Reform

Child Support Guideline Reform

Restraining Order Abuse

Domestic Violence Policy Reform

"Move Away" Changes

Paternity Fraud Reform

There are a huge number of 2008 bills moving through the California Assembly that may impact our families and children. CAFC actively monitors all these pieces of legislation. Moreover, we are actively involved in supporting and opposing these measures to ensure the best possible outcomes. This is very difficult and time consuming work, so your support is needed. Please help us by making a tax-deductible donation so that we can fund our efforts.

BILL #	AUTHOR	TOPIC	SUMMARY	STATUS
AB 164	Smyth	Immunity: marriage and family therapy schools.	Originally this bill would have clarified Fam Code Sec. 3025 to require the court to specify when a non-custodial parent should have access to child's health and school records. Flexcom & CalNOW opposed the bill. Amended version has removed that language altogether. Now the bill is about extending immunity to persons making communications to a marriage & family therapy counselor intended to aid in the evaluation of qualifications, fitness, etc of a practitioner of healing or veterinary arts.	01/31/2008-Referred to Com. on JUD. 05/13/08 1 p.m. - Room 112 SUPPORT AND OPPOSITION LETTERS DUE NO LATER THAN 5 P.M. 5/1, IN ROOM 2187 SEN JUDICIARY
AB 171	Beall	Guardians and conservators: restraining orders.	This began as a student financial aide bill but morphed into a DV bill. The amended bill would amend Fam Code Sec. 6211 to provide protection (by an ex parte emergency protective order) for a guardian or conservator of a party.	03/26/2008-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
AB 250	DeVore	Nonprobate transfers: revocable transfer upon death deeds.		04/09/2008-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
AB 612	Ruskin	Child custody evaluations.	See AB 2587 below.	08/27/2007-To inactive file on motion of Senator Corbett.
AB 1405	Maze	Juveniles: joint assessment of status: confidential information.		06/19/2007-In committee: Set, second hearing. Hearing canceled at the request of author.
AB 1648	Leno	Domestic violence: victims: domestic partners.	This bill began as a peace officer records change but morphed into a DV bill. The amended bill would amend Fam Code Sec. 6211 and Penal Code Sec. 273.5 to cover abuse against a registered domestic partner as "domestic violence."	02/01/08: From comm 01/31/08: Died pursuant to Art. IV, Sec. 10(c) of the Constitution.
AB 1679	Evans	Paternity actions: records.	Limit access to records in paternity cases	03/03/2008-From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD. 05/13/08 1 p.m. - Room 112 SUPPORT AND OPPOSITION LETTERS DUE NO LATER THAN 5 P.M. 5/1, IN ROOM 2187 SEN JUDICIARY
AB 1771	Ma	Domestic violence: convictions.	Introduced 1/10/08 by Ma. This bill would amend the Penal Code relating to domestic violence. The bill would provide that "good cause" to issue a DV RO exists when the "perpetrator" has previously been convicted of a crime of domestic violence. The bill also authorizes the imposition of additional assessments upon a DV conviction, to be used to fund DV prevention programs. The bill would also develop a public web site containing data about people convicted of at least 1 DV felony or 2 DV misdemeanors.	04/09/2008-From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 6. Noes 1.) (April 8).
AB 1822	Beall	Spousal support: sex offenders.	The bill would add Sec. 4327 to Fam Code. The bill would deny any temporary or permanent award for spousal support to a party convicted of sex offense against a minor.	04/08/2008-In committee: Set, second hearing. Hearing canceled at the request of author.
AB 1858	Jeffries	Public employees: retirement benefits forfeiture.		04/09/2008-From P.E.,R. & S.S.: Failed passage.
AB 1877	Adams	Child custody evaluations: confidentiality.	Bill would amend Fam Code Sec. 3111. If directed by the court, a court-appointed child custody evaluator must file a written confidential report, and that report cannot be made available except as specified. The data therein is confidential. This bill would assess up to a $5000 fine for intentional violation of the confidentiality provisions. 3/13/08 amendment eliminates the $5000 fine and instead allows the court to consider the unwarranted disclosure of the report in determining the best interests of the child.	04/24/2008-In Senate. Read first time. To Com. on RLS. for assignment.
AB 1891	Niello	Civil procedure: sanctions.	Introduced to amend Code Civil Procedure Sec. 128.5. Bill would require every trial court to order a party and/or party's attorney to pay reasonable expenses incurred as a result of any filing, action or tactic that is frivolous, clearly unjustified, or otherwise substantially devoid of merit in view of the pertinent facts, etc.	03/25/2008-In committee: Set, second hearing. Failed passage.
AB 2029	Tran	Dependent children: visitation.	Visitation pending foster care proceedings/placement	04/23/2008-Read second time and amended.
AB 2038	Lieber	Persons with disabilities: victims of crime.		04/23/2008-Re-referred to Com. on APPR.
AB 2068	Aghazarian	Domestic violence: elder abuse: harassment: workplace violence: orders and injunctions: service: notice to protected person.	The bill declares it the intent of Legislature to enact laws to codify Victim Information and Notification Everyday program. It would expand VINE program to include notice to DV and stalking victims. 3/10/08 amendment completely changes the bill. Existing law excepts orders and injunctions relating to harassment, workplace violence, domestic violence, and elder abuse from a provision authorizing a sheriff or marshal to require the prepayment of fees prior to the performance of any official act. Amended bill would authorize a sheriff or marshal, for any order or injunction relating to harassment, workplace violence, domestic violence, or elder abuse, to notify the petitioner within 24 hours after service of process that the order or injunction has been served on the respondent.	04/23/2008-Read second time. To Consent Calendar. 05/01/08 152 ASM CONSENT CALENDAR
AB 2070	Bass	Foster care: incarcerated parents.		04/22/2008-Re-referred to Com. on APPR.
AB 2096	Bass	Foster children: extracurricular activities.		04/24/2008-In Senate. Read first time. To Com. on RLS. for assignment.
AB 2117	Evans	Dependent children: psychotropic medications.		04/16/2008-In committee: Set, first hearing. Referred to APPR. suspense file.
AB 2190	Emmerson	Child abuse: witnessing domestic violence.	Introduced 2/20/08 by Plescia to amend Sec. 13732 of Penal Code. Bill provides that law enforcement shall notify local child welfare agency when child has been exposed to secondary abuse by witnessing DV in the home.	04/09/2008-In committee: Set, first hearing. Referred to APPR. suspense file.
AB 2238	Smyth	Dependent children: out-of-home placements.		04/01/2008-In committee: Set, first hearing. Failed passage.
AB 2262	Torrico	Child protection: safe surrender.	Introduced 2/21/08 by Torrico to amend Sec. 1255.7 of the Health and Safety Code, and to amend Sec. 271.5 of the Penal Code, relating to child protection. Existing law designates certain locations as safe-surrender sites for newborn children who are 72 hours of age or younger. This bill would expand the scope to apply to children who are 7 days old or younger. The bill would permit a local fire agency to designate a safe-surrender site. The bill would specify certain circumstances in which a safe-surrender site and its personnel have no liability for a surrendered child. The bill would appropriate $5,000,000 to conduct a statewide awareness campaign publicizing the existence of the program.	04/16/2008-In committee: Set, first hearing. Referred to APPR. suspense file.
AB 2299	Silva	Maintenance of the codes.		04/10/2008-Referred to Com. on JUD.
AB 2310	Maze	Dependent children.		04/15/2008-From committee: Do pass, and re-refer to Com. on APPR. with recommendation: To Consent Calendar. Re-referred. (Ayes 10. Noes 0.) (April 15).
AB 2338	Beall	Foster care placement: children 12 years of age and younger.		04/23/2008-Re-referred to Com. on APPR.
AB 2341	Maze	Reunification services.	child reunification services	04/17/2008-Re-referred to Com. on APPR.
AB 2352	Fuentes	Mental health services: confidential information.		04/24/2008-In Senate. Read first time. To Com. on RLS. for assignment.
AB 2428	Strickland	Protective orders: victim notification.	Introduced 2/21/08 by Strickland to amend Sec. 6380 and 6387 of the Family Code, relating to protective orders. Existing law requires electronic transmission of data regarding protective orders through the CLETS and Domestic Violence Restraining Order System. This bill requires law enforcement to submit proof of service directly into DVROS at the time of service.	04/15/2008-In committee: Set, second hearing. Hearing canceled at the request of author.
AB 2483	Bass	Wards and dependent children: program of supervision.		04/16/2008-Read second time. To third reading. 05/01/08 36 ASM THIRD READING FILE
AB 2553	Solorio	Domestic violence: ex parte orders.	Introduced 2/22/08 by Solorio to add Fam Code Sec. 6320.5, relating to domestic violence. This bill would require the court to include in any order denying a petition for an ex parte order a statement of whether the petition is jurisdictionally defective, whether the court has determined the petition is for the purpose of preventing a recurrence of domestic violence and ensuring a period of separation of the persons involved, whether the petitioner's affidavit sufficiently showed reasonable proof of a past act or acts of abuse, within the meaning of the Domestic Violence Prevention Act, and whether the facts alleged constitute abuse, as defined. This bill would also require any order denying a jurisdictionally adequate petition for ex parte order to provide the petitioner the right to a noticed hearing within 15 days. The bill would also provide that a petitioner who waives his/her right to a noticed hearing from refiling a new petition, without prejudice, at a later time.	04/23/2008-Do pass as amended. 05/01/08 10 ASM SECOND READING FILE
AB 2587 Same as last year’s AB 612	Ruskin	Child custody: child custody evaluators.	Introduced on 2/22/08 by Ruskin to amend Fam Code Sec. 3110 and 3110.5 and to add Sec. 3110.6, relating to child custody. Existing law requires Judicial Council to formulate rules of court to establish education, experience, and training requirements for court-appointed child custody evaluators. This bill revises these provisions by conforming references to "child custody evaluators" to include court-connected, court-appointed, and private child custody evaluators. The bill provides that a child custody evaluator's written report and testimony are considered admissible evidence only when they are compliant with provisions specifying the admissibility if the opinions of experts, are based upon sufficient facts or data, and are the product of principles and methods that are consistent with the standards generally accepted by the medical, psychiatric, legal, and psychological communities.	03/10/2008-Referred to Com. on JUD.
AB 2651	Aghazarian	Foster care: dependent children.		04/23/2008-Re-referred to Com. on JUD. 04/29/08 9 a.m. - Room 4202 ASM JUDICIARY
AB 2736	Cook	Indian children: parental rights: tribal customary adoptions.		04/24/2008-From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended. 04/29/08 9 a.m. - Room 4202 ASM JUDICIARY
AB 2748	Soto	Foster care: children: expanded rights.		04/15/2008-In committee: Set, first hearing. Hearing canceled at the request of author.
AB 2920	Carter	Visitation rights: grandparents.	Introduced 2/22/08 by Carter. Existing law authorizes the court to grant reasonable visitation rights to the grandparent if there is a preexisting relationship between the grandparent and grandchild, such that visitation is in the child's best interest, and the court balances the interest of the child in having visitation with the grandparent against the rights of parents to exercise their parental authority. Existing law also prohibits a petition for grandparent visitation while the natural or adoptive parents are married, unless the parents are currently living separately, one parent has been absent for more than one month, one of the parents joins in the petition with the grandparents, the child is not residing with either parent, or the child has been adopted by a stepparent. This bill declares the intent of the Legislature to enact legislation that would allow a petition for grandparent visitation, regardless of the marital status of the natural or adoptive parents.	02/25/2008-Read first time.
AB 2943	Lieber	Corporal punishment.		04/16/2008-From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (April 15). 04/30/08 9 a.m. - Room 4202 ASM APPROPRIATIONS
AB 2960	La Malfa	Custody orders: evidence of sexual abuse.	Existing law provides that a court shall refrain from making an order granting or modifying a custody order on an ex parte basis, unless there has been a showing of immediate risk that the child will be removed from the State of California, or a showing of immediate harm to the child. "Immediate harm to the child" is defined to include having a parent who has committed acts of domestic violence. This bill would include evidence of sexual abuse of the child within the definition of "immediate harm to the child," a showing of which authorizes a court to make an order granting or modifying a custody order on an ex parte basis.	04/23/2008-Read second time. To Consent Calendar. 05/01/08 154 ASM CONSENT CALENDAR
AB 2978	Soto	Residential care facilities: overconcentration.	Introduced 2/22/08 by Soto to amend Fam Code Sec. 2045, relating to domestic relations. Existing law permits the court to issue specified orders ex parte during the pendency of the proceeding. This bill would make a technical, nonsubstantive change.	04/15/2008-In committee: Set, first hearing. Hearing canceled at the request of author.