AB 1974: Family conciliation courts: evaluator training.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-20
Current Status:
Passed
(2024-09-20: Chaptered by Secretary of State - Chapter 303, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
What does this bill do?
This bill requires that advanced training for court evaluators in family and child custody cases involving domestic violence include instruction on the risks of access to firearms and ways to reduce those risks. It applies to supervising and associate counselors, mediators, child custody evaluators, and court‑appointed investigators or evaluators.
The summary is provided by generative AI which can make mistakes. For original language, please view the details in the table below.
Existing law establishes the family conciliation court, which may be implemented by the superior court in each county, to provide means for the reconciliation of spouses and the amicable settlement of domestic and family controversies. In each county in which a family conciliation court is established, the superior court may appoint one supervising counselor of conciliation and one secretary to assist the family conciliation court in disposing of its business and carrying out its functions. Existing law defines an evaluator for purposes of family reconciliation court proceedings to include a supervising or associate counselor, a mediator, a court-connected or private child custody evaluator, or a court-appointed investigator or evaluator, as described. Existing law requires an evaluator to participate in specified training requirements, including 16 hours of advanced training within a 12-month period. Existing law requires 12 hours of that advanced training to include, among other topics, the unique issues in a family and psychological assessment in a domestic violence case, such as the nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence, and the influence of alcohol and drug use and abuse on the incidence of domestic violence.
This bill would require the risks associated with access to firearms and ways to reduce those risks to be included on the list of issues in a family and psychological assessment in a domestic violence case for purposes of the advanced training.
Existing law establishes the family conciliation court, which may be implemented by the superior court in each county, to provide means for the reconciliation of spouses and the amicable settlement of domestic and family controversies. In each county in which a family conciliation court is established, the superior court may appoint one supervising counselor of conciliation and one secretary to assist the family conciliation court in disposing of its business and carrying out its functions. Existing law defines an evaluator for purposes of family reconciliation court proceedings to include a supervising or associate counselor, a mediator, a court-connected or private child custody evaluator, or a court-appointed investigator or evaluator, as described. Existing law requires an evaluator to participate in specified training requirements, including 16 hours of advanced training within a 12-month period. Existing law requires 12 hours of that advanced training to include, among other topics, the unique issues in a family and psychological assessment in a domestic violence case, such as the nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence, and the influence of alcohol and drug use and abuse on the incidence of domestic violence.
This bill would require the risks associated with access to firearms and ways to reduce those risks to be included on the list of issues in a family and psychological assessment in a domestic violence case for purposes of the advanced training.
Existing law establishes the family conciliation court, which may be implemented by the superior court in each county, to provide means for the reconciliation of spouses and the amicable settlement of domestic and family controversies. In each county in which a family conciliation court is established, the superior court may appoint one supervising counselor of conciliation and one secretary to assist the family conciliation court in disposing of its business and carrying out its functions. Existing law defines an evaluator for purposes of family reconciliation court proceedings to include a supervising or associate counselor, a mediator, a court-connected or private child custody evaluator, or a court-appointed investigator or evaluator, as described. Existing law requires an evaluator to participate in specified training requirements, including 16 hours of advanced training within a 12-month period. Existing law requires 12 hours of that advanced training to include, among other topics, the unique issues in a family and psychological assessment in a domestic violence case, such as the nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence, and the influence of alcohol and drug use and abuse on the incidence of domestic violence.
This bill would require the risks associated with access to firearms and ways to reduce those risks to be included on the list of issues in a family and psychological assessment in a domestic violence case for purposes of the advanced training.
(a)For purposes of this section, the following definitions apply:
(1)Eligible provider means the Administrative Office of the Courts or an educational institution, professional association, professional continuing education group, a group connected to the courts, or a public or private group that has been authorized by the Administrative Office of the Courts to provide domestic violence training.
(2)Evaluator means a supervising or associate counselor described in Section 1815, a mediator described in Section 3164, a court-connected or private child custody evaluator described in Section 3110.5, or a court-appointed investigator or evaluator as described in Section 3110 or Section 730 of the Evidence Code.
(b)An evaluator shall participate in a program of continuing instruction in domestic violence, including child abuse, as may be arranged and provided to that evaluator. This training may utilize domestic violence training programs conducted by nonprofit community organizations with an expertise in domestic violence issues.
(c)Areas of basic instruction shall include, but are not limited to, the following:
(1)The effects of domestic violence on children.
(2)The nature and extent of domestic violence.
(3)The social and family dynamics of domestic violence.
(4)Techniques for identifying and assisting families affected by domestic violence.
(5)Interviewing, documentation of, and appropriate recommendations for, families affected by domestic violence.
(6)The legal rights of, and remedies available to, victims.
(7)Availability of community and legal domestic violence resources.
(d)An evaluator shall also complete 16 hours of advanced training within a 12-month period. Four hours of that advanced training shall include community resource networking intended to acquaint the evaluator with domestic violence resources in the geographical communities where the family being evaluated may reside. Twelve hours of instruction, as approved by the Administrative Office of the Courts, shall include all of the following:
(1)The appropriate structuring of the child custody evaluation process, including, but not limited to, all of the following:
(A)Maximizing safety for clients, evaluators, and court personnel.
(B)Maintaining objectivity.
(C)Providing and gathering balanced information from the parties and controlling for bias.
(D)Providing separate sessions at separate times as described in Section 3113.
(E)Considering the impact of the evaluation report and recommendations with particular attention to the dynamics of domestic violence.
(2)The relevant sections of local, state, and federal laws, rules, or regulations.
(3)The range, availability, and applicability of domestic violence resources available to victims, including, but not limited to, all of the following:
(A)Domestic violence shelter-based programs.
(B)Counseling, including drug and alcohol counseling.
(C)Legal assistance.
(D)Job training.
(E)Parenting classes.
(F)Resources for a victim who is an immigrant.
(4)The range, availability, and applicability of domestic violence intervention available to perpetrators, including, but not limited to, all of the following:
(A)Certified treatment programs described in subdivision (c) of Section 1203.097 of the Penal Code.
(B)Drug and alcohol counseling.
(C)Legal assistance.
(D)Job training.
(E)Parenting classes.
(5)The unique issues in a family and psychological assessment in a domestic violence case, including all of the following:
(A)The effects of exposure to domestic violence and psychological trauma on children, the relationship between child physical abuse, child sexual abuse, and domestic violence, the differential family dynamics related to parent-child attachments in families with domestic violence, intergenerational transmission of familial violence, and manifestations of post-traumatic stress disorders in children.
(B)The nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence.
(C)Current legal, psychosocial, public policy, and mental health research related to the dynamics of family violence, the impact of victimization, the psychology of perpetration, and the dynamics of power and control in battering relationships.
(D)The assessment of family history based on the type, severity, and frequency of violence.
(E)The impact on parenting abilities of being a victim or perpetrator of domestic violence.
(F)The uses and limitations of psychological testing and psychiatric diagnosis in assessing parenting abilities in domestic violence cases.
(G)The influence of alcohol and drug use and abuse on the incidence of domestic violence.
(H)Understanding the dynamics of high conflict relationships and relationships between an abuser and victim.
(I)The importance of, and procedures for, obtaining collateral information from a probation department, childrens protective services, police incident report, a pleading regarding a restraining order, medical records, a school, and other relevant sources.
(J)Accepted methods for structuring safe and enforceable child custody and parenting plans that ensure the health, safety, welfare, and best interest of the child, and safeguards for the parties.
(K)The importance of discouraging participants in child custody matters from blaming victims of domestic violence for the violence and from minimizing allegations of domestic violence, child abuse, or abuse against a family member.
(L)The risks associated with access to firearms and ways to reduce those risks.
(e)After an evaluator has completed the advanced training described in subdivision (d), that evaluator shall complete four hours of updated training annually that shall include, but is not limited to, all of the following:
(1)Changes in local court practices, case law, and state and federal legislation related to domestic violence.
(2)An update of current social science research and theory, including the impact of exposure to domestic violence on children.
(f)Training described in this section shall be acquired from an eligible provider and that eligible provider shall comply with all of the following:
(1)Ensure that a training instructor or consultant delivering the education and training programs either meets the training requirements of this section or is an expert in the subject matter.
(2)Monitor and evaluate the quality of courses, curricula, training, instructors, and consultants.
(3)Emphasize the importance of focusing child custody evaluations on the health, safety, welfare, and best interest of the child.
(4)Develop a procedure to verify that an evaluator completes the education and training program.
(5)Distribute a certificate of completion to each evaluator who has completed the training. That certificate shall document the number of hours of training offered, the number of hours the evaluator completed, the dates of the training, and the name of the training provider.
(g)(1)If there is a local court rule regarding the procedure to notify the court that an evaluator has completed training as described in this section, the evaluator shall comply with that local court rule.
(2)Except as provided in paragraph (1), an evaluator shall attach copies of the certificates of completion of the training described in subdivision (d) and the most recent updated training described in subdivision (e).
(h)An evaluator may satisfy the requirement for 12 hours of instruction described in subdivision (d) by training from an eligible provider that was obtained on or after January 1, 1996. The advanced training of that evaluator shall not be complete until that evaluator completes the four hours of community resource networking described in subdivision (d).
(i)The Judicial Council shall develop standards for the training programs. The Judicial Council shall solicit the assistance of community organizations concerned with domestic violence and child abuse and shall seek to develop training programs that will maximize coordination between conciliation courts and local agencies concerned with domestic violence.
(a)For purposes of this section, the following definitions apply:
(1)Eligible provider means the Administrative Office of the Courts or an educational institution, professional association, professional continuing education group, a group connected to the courts, or a public or private group that has been authorized by the Administrative Office of the Courts to provide domestic violence training.
(2)Evaluator means a supervising or associate counselor described in Section 1815, a mediator described in Section 3164, a court-connected or private child custody evaluator described in Section 3110.5, or a court-appointed investigator or evaluator as described in Section 3110 or Section 730 of the Evidence Code.
(b)An evaluator shall participate in a program of continuing instruction in domestic violence, including child abuse, as may be arranged and provided to that evaluator. This training may utilize domestic violence training programs conducted by nonprofit community organizations with an expertise in domestic violence issues.
(c)Areas of basic instruction shall include, but are not limited to, the following:
(1)The effects of domestic violence on children.
(2)The nature and extent of domestic violence.
(3)The social and family dynamics of domestic violence.
(4)Techniques for identifying and assisting families affected by domestic violence.
(5)Interviewing, documentation of, and appropriate recommendations for, families affected by domestic violence.
(6)The legal rights of, and remedies available to, victims.
(7)Availability of community and legal domestic violence resources.
(d)An evaluator shall also complete 16 hours of advanced training within a 12-month period. Four hours of that advanced training shall include community resource networking intended to acquaint the evaluator with domestic violence resources in the geographical communities where the family being evaluated may reside. Twelve hours of instruction, as approved by the Administrative Office of the Courts, shall include all of the following:
(1)The appropriate structuring of the child custody evaluation process, including, but not limited to, all of the following:
(A)Maximizing safety for clients, evaluators, and court personnel.
(B)Maintaining objectivity.
(C)Providing and gathering balanced information from the parties and controlling for bias.
(D)Providing separate sessions at separate times as described in Section 3113.
(E)Considering the impact of the evaluation report and recommendations with particular attention to the dynamics of domestic violence.
(2)The relevant sections of local, state, and federal laws, rules, or regulations.
(3)The range, availability, and applicability of domestic violence resources available to victims, including, but not limited to, all of the following:
(A)Domestic violence shelter-based programs.
(B)Counseling, including drug and alcohol counseling.
(C)Legal assistance.
(D)Job training.
(E)Parenting classes.
(F)Resources for a victim who is an immigrant.
(4)The range, availability, and applicability of domestic violence intervention available to perpetrators, including, but not limited to, all of the following:
(A)Certified treatment programs described in subdivision (c) of Section 1203.097 of the Penal Code.
(B)Drug and alcohol counseling.
(C)Legal assistance.
(D)Job training.
(E)Parenting classes.
(5)The unique issues in a family and psychological assessment in a domestic violence case, including all of the following:
(A)The effects of exposure to domestic violence and psychological trauma on children, the relationship between child physical abuse, child sexual abuse, and domestic violence, the differential family dynamics related to parent-child attachments in families with domestic violence, intergenerational transmission of familial violence, and manifestations of post-traumatic stress disorders in children.
(B)The nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence.
(C)Current legal, psychosocial, public policy, and mental health research related to the dynamics of family violence, the impact of victimization, the psychology of perpetration, and the dynamics of power and control in battering relationships.
(D)The assessment of family history based on the type, severity, and frequency of violence.
(E)The impact on parenting abilities of being a victim or perpetrator of domestic violence.
(F)The uses and limitations of psychological testing and psychiatric diagnosis in assessing parenting abilities in domestic violence cases.
(G)The influence of alcohol and drug use and abuse on the incidence of domestic violence.
(H)Understanding the dynamics of high conflict relationships and relationships between an abuser and victim.
(I)The importance of, and procedures for, obtaining collateral information from a probation department, childrens protective services, police incident report, a pleading regarding a restraining order, medical records, a school, and other relevant sources.
(J)Accepted methods for structuring safe and enforceable child custody and parenting plans that ensure the health, safety, welfare, and best interest of the child, and safeguards for the parties.
(K)The importance of discouraging participants in child custody matters from blaming victims of domestic violence for the violence and from minimizing allegations of domestic violence, child abuse, or abuse against a family member.
(L)The risks associated with access to firearms and ways to reduce those risks.
(e)After an evaluator has completed the advanced training described in subdivision (d), that evaluator shall complete four hours of updated training annually that shall include, but is not limited to, all of the following:
(1)Changes in local court practices, case law, and state and federal legislation related to domestic violence.
(2)An update of current social science research and theory, including the impact of exposure to domestic violence on children.
(f)Training described in this section shall be acquired from an eligible provider and that eligible provider shall comply with all of the following:
(1)Ensure that a training instructor or consultant delivering the education and training programs either meets the training requirements of this section or is an expert in the subject matter.
(2)Monitor and evaluate the quality of courses, curricula, training, instructors, and consultants.
(3)Emphasize the importance of focusing child custody evaluations on the health, safety, welfare, and best interest of the child.
(4)Develop a procedure to verify that an evaluator completes the education and training program.
(5)Distribute a certificate of completion to each evaluator who has completed the training. That certificate shall document the number of hours of training offered, the number of hours the evaluator completed, the dates of the training, and the name of the training provider.
(g)(1)If there is a local court rule regarding the procedure to notify the court that an evaluator has completed training as described in this section, the evaluator shall comply with that local court rule.
(2)Except as provided in paragraph (1), an evaluator shall attach copies of the certificates of completion of the training described in subdivision (d) and the most recent updated training described in subdivision (e).
(h)An evaluator may satisfy the requirement for 12 hours of instruction described in subdivision (d) by training from an eligible provider that was obtained on or after January 1, 1996. The advanced training of that evaluator shall not be complete until that evaluator completes the four hours of community resource networking described in subdivision (d).
(i)The Judicial Council shall develop standards for the training programs. The Judicial Council shall solicit the assistance of community organizations concerned with domestic violence and child abuse and shall seek to develop training programs that will maximize coordination between conciliation courts and local agencies concerned with domestic violence.
(a)For purposes of this section, the following definitions apply:
(1)Eligible provider means the Administrative Office of the Courts or an educational institution, professional association, professional continuing education group, a group connected to the courts, or a public or private group that has been authorized by the Administrative Office of the Courts to provide domestic violence training.
(2)Evaluator means a supervising or associate counselor described in Section 1815, a mediator described in Section 3164, a court-connected or private child custody evaluator described in Section 3110.5, or a court-appointed investigator or evaluator as described in Section 3110 or Section 730 of the Evidence Code.
(b)An evaluator shall participate in a program of continuing instruction in domestic violence, including child abuse, as may be arranged and provided to that evaluator. This training may utilize domestic violence training programs conducted by nonprofit community organizations with an expertise in domestic violence issues.
(c)Areas of basic instruction shall include, but are not limited to, the following:
(1)The effects of domestic violence on children.
(2)The nature and extent of domestic violence.
(3)The social and family dynamics of domestic violence.
(4)Techniques for identifying and assisting families affected by domestic violence.
(5)Interviewing, documentation of, and appropriate recommendations for, families affected by domestic violence.
(6)The legal rights of, and remedies available to, victims.
(7)Availability of community and legal domestic violence resources.
(d)An evaluator shall also complete 16 hours of advanced training within a 12-month period. Four hours of that advanced training shall include community resource networking intended to acquaint the evaluator with domestic violence resources in the geographical communities where the family being evaluated may reside. Twelve hours of instruction, as approved by the Administrative Office of the Courts, shall include all of the following:
(1)The appropriate structuring of the child custody evaluation process, including, but not limited to, all of the following:
(A)Maximizing safety for clients, evaluators, and court personnel.
(B)Maintaining objectivity.
(C)Providing and gathering balanced information from the parties and controlling for bias.
(D)Providing separate sessions at separate times as described in Section 3113.
(E)Considering the impact of the evaluation report and recommendations with particular attention to the dynamics of domestic violence.
(2)The relevant sections of local, state, and federal laws, rules, or regulations.
(3)The range, availability, and applicability of domestic violence resources available to victims, including, but not limited to, all of the following:
(A)Domestic violence shelter-based programs.
(B)Counseling, including drug and alcohol counseling.
(C)Legal assistance.
(D)Job training.
(E)Parenting classes.
(F)Resources for a victim who is an immigrant.
(4)The range, availability, and applicability of domestic violence intervention available to perpetrators, including, but not limited to, all of the following:
(A)Certified treatment programs described in subdivision (c) of Section 1203.097 of the Penal Code.
(B)Drug and alcohol counseling.
(C)Legal assistance.
(D)Job training.
(E)Parenting classes.
(5)The unique issues in a family and psychological assessment in a domestic violence case, including all of the following:
(A)The effects of exposure to domestic violence and psychological trauma on children, the relationship between child physical abuse, child sexual abuse, and domestic violence, the differential family dynamics related to parent-child attachments in families with domestic violence, intergenerational transmission of familial violence, and manifestations of post-traumatic stress disorders in children.
(B)The nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence.
(C)Current legal, psychosocial, public policy, and mental health research related to the dynamics of family violence, the impact of victimization, the psychology of perpetration, and the dynamics of power and control in battering relationships.
(D)The assessment of family history based on the type, severity, and frequency of violence.
(E)The impact on parenting abilities of being a victim or perpetrator of domestic violence.
(F)The uses and limitations of psychological testing and psychiatric diagnosis in assessing parenting abilities in domestic violence cases.
(G)The influence of alcohol and drug use and abuse on the incidence of domestic violence.
(H)Understanding the dynamics of high conflict relationships and relationships between an abuser and victim.
(I)The importance of, and procedures for, obtaining collateral information from a probation department, childrens protective services, police incident report, a pleading regarding a restraining order, medical records, a school, and other relevant sources.
(J)Accepted methods for structuring safe and enforceable child custody and parenting plans that ensure the health, safety, welfare, and best interest of the child, and safeguards for the parties.
(K)The importance of discouraging participants in child custody matters from blaming victims of domestic violence for the violence and from minimizing allegations of domestic violence, child abuse, or abuse against a family member.
(L)The risks associated with access to firearms and ways to reduce those risks.
(e)After an evaluator has completed the advanced training described in subdivision (d), that evaluator shall complete four hours of updated training annually that shall include, but is not limited to, all of the following:
(1)Changes in local court practices, case law, and state and federal legislation related to domestic violence.
(2)An update of current social science research and theory, including the impact of exposure to domestic violence on children.
(f)Training described in this section shall be acquired from an eligible provider and that eligible provider shall comply with all of the following:
(1)Ensure that a training instructor or consultant delivering the education and training programs either meets the training requirements of this section or is an expert in the subject matter.
(2)Monitor and evaluate the quality of courses, curricula, training, instructors, and consultants.
(3)Emphasize the importance of focusing child custody evaluations on the health, safety, welfare, and best interest of the child.
(4)Develop a procedure to verify that an evaluator completes the education and training program.
(5)Distribute a certificate of completion to each evaluator who has completed the training. That certificate shall document the number of hours of training offered, the number of hours the evaluator completed, the dates of the training, and the name of the training provider.
(g)(1)If there is a local court rule regarding the procedure to notify the court that an evaluator has completed training as described in this section, the evaluator shall comply with that local court rule.
(2)Except as provided in paragraph (1), an evaluator shall attach copies of the certificates of completion of the training described in subdivision (d) and the most recent updated training described in subdivision (e).
(h)An evaluator may satisfy the requirement for 12 hours of instruction described in subdivision (d) by training from an eligible provider that was obtained on or after January 1, 1996. The advanced training of that evaluator shall not be complete until that evaluator completes the four hours of community resource networking described in subdivision (d).
(i)The Judicial Council shall develop standards for the training programs. The Judicial Council shall solicit the assistance of community organizations concerned with domestic violence and child abuse and shall seek to develop training programs that will maximize coordination between conciliation courts and local agencies concerned with domestic violence.
REVISIONS: HeadingLine 2.|
Date
|
Status
|
|---|---|
| Sep 20, 2024 | Chaptered by Secretary of State - Chapter 303, Statutes of 2024. |
| Sep 20, 2024 | Approved by the Governor. |
| Aug 23, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 15, 2024 | Ordered to Engrossing and Enrolling. |
| Jun 24, 2024 | Withdrawn from Engrossing and Enrolling. |
| Jun 24, 2024 | Held at Desk. |
| Jun 20, 2024 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 20, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4626.). |
| Jun 18, 2024 | Read second time. Ordered to Consent Calendar. |
| Jun 17, 2024 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 4, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 4). Re-referred to Com. on APPR. |
| May 1, 2024 | Referred to Com. on JUD. |
| Apr 4, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 4, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 70. Noes 0. Page 4630.) |
| Mar 21, 2024 | Read second time. Ordered to Consent Calendar. |
| Mar 20, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 12. Noes 0.) (March 20). |
| Mar 12, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (March 12). Re-referred to Com. on APPR. |
| Mar 12, 2024 | Coauthors revised. |
| Feb 12, 2024 | Referred to Com. on JUD. |
| Jan 31, 2024 | From printer. May be heard in committee March 1. |
| Jan 30, 2024 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 20, 2024 | Consent Calendar 2nd AB1974 Petrie-Norris et al. | Senate Floor |
Passed |
|
| Jun 4, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 4, 2024 | AB 1974 Petrie-Norris Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Mar 20, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Mar 12, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Brady Campaign | ** Support | |
| California Partnership To End Domestic Violence | ** Support | |
| Consumer Protection Policy Center/USD School of Law | ** Support | |
| Family Violence Appellate Project | ** Support | |
| Giffords | ** Support | |
| San Diegans For Gun Violence Prevention | ** Support | |
| San Diego City Attorney's Office | ** Support |
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 1974 |
CONSENT
Bill No: AB 1974
Author: Petrie-Norris (D), et al.
Introduced: 1/30/24
Vote: 21
SENATE JUDICIARY COMMITTEE: 11-0, 6/4/24
AYES: Umberg, Wilk, Ashby, Caballero, Durazo, Laird, Niello, Roth, Stern, Wahab, Wiener
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 70-0, 4/4/24 (Consent) - See last page for vote
SUBJECT: Family conciliation courts: evaluator training
SOURCE: Author
DIGEST:
This bill requires evaluators within the family conciliation court to be trained on the risks associated with access to firearms and ways to reduce those risks.
ANALYSIS:
Existing law:
- Establishes the family conciliation court within each superior court in order to provide means for the reconciliation of spouses and amicable settlement of domestic and family controversies. (Fam. Code, §§ 1801, 1810.)
- Authorizes the superior court to appoint one supervising counselor of conciliation and one secretary to assist the family conciliation court, and associate counselors of conciliation as needed, in disposing of its business and carrying out its functions. The supervising counselor has enumerated powers, including holding conciliation conferences with parties, making reports, and holding hearings in all family conciliation court cases as required by the judge of the family conciliation court, and making investigations, as specified. (Fam. Code, § 1814.)
- Sets forth the minimum requirements for a person employed as a supervising counselor of conciliation or an associate counselor of conciliation, including a master’s degree in psychology, social work, marriage, family and child counseling, or other behavioral science substantially related to marriage and family interpersonal relationships; at least two years of experience, as provided, knowledge of the state’s court system and family law procedures; and the training in domestic violence issues set forth in 5). (Fam. Code, § 1815.)
- Defines an “evaluator” to mean a supervising or associate counselor of conciliation, and specified mediators, court-appointed investigators, and court-appointed evaluators. (Fam. Code, § 1816(a)(2).)
- Requires the evaluators set forth in 4) to participate in a program of continuing education on specified basic instruction topics, and to complete 16 hours of advanced training topics within a 12-month period, 12 hours of which must include training on matters including the appropriate structuring of the child custody evaluation process; relevant local, state, and federal laws, rules, and regulations; and the unique issues in a family and psychological assessment in a domestic violence case. (Fam. Code, § 1816(b)-(d).)
This bill adds, to the list of advanced training topics for evaluators that must be covered as part of the training on the unique issues in a family and psychological assessment in a domestic violence case, the risks associated with access to firearms and ways to reduce those risks.
Comments
Current law establishes a “family conciliation court” within each superior court to help families amicably settle domestic disputes. Family conciliation courts rely on counselors, mediators, investigators, and child custody evaluators—collectively defined as “evaluators”—who assist the family conciliation court in carrying out its functions. Evaluators must undergo continuing instruction, which includes areas of basic instruction as well as 16 hours on advanced training topics. The advanced training topics include a range of issues, including matters relating to the unique issues in a family and psychological assessment in a domestic violence case.
This bill adds, as an advanced training topic within the category of unique issues in a family and psychological assessment in a domestic violence case, training on the risks associated with firearms and ways to reduce those risks.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No
SUPPORT: (Verified 6/17/24)
Brady United Against Gun Violence
California Partnership to End Domestic Violence
Consumer Protection Policy Center
Family Violence Appellate Project
Giffords
Junior League of Orange County
Legislative Coalition to Prevent Child Abuse
Office of the San Diego City Attorney
San Diegans for Gun Violence Prevention
OPPOSITION: (Verified 6/17/24)
None received
ARGUMENTS IN SUPPORT: According to Brady United Against Gun Violence:
California has led the way in having court-connected professionals available to assist families with conflicted child custody cases and to assist with safety planning. State law requires that these professionals, which include court-appointed investigators, mediators, and child-custody evaluators undergo domestic violence training. This training includes details on the effects of exposure to domestic violence and psychological trauma on children, the influence of alcohol and drug use and abuse, and the use of psychological testing in assessing parenting abilities in domestic violence cases.
Unfortunately, these professionals are not currently trained on how to manage and resolve domestic violence situations that involve a firearm. Given the enhanced risks associated with firearm possession during instances of domestic violence, this is a clear gap.
AB 1974 requires that existing domestic violence training that court-connected mediators, evaluators, and other relevant persons take additionally include training on the increased risks of firearms. This will better prepare these professionals for when they encounter dangerous scenarios involving victims of domestic violence and their families and help save lives.
ASSEMBLY FLOOR: 70-0, 4/4/24
AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Connolly, Davies, Essayli, Flora, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Low, Lowenthal, Maienschein, McKinnor, Muratsuchi, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Cervantes, Chen, Megan Dahle, Dixon, Vince Fong, Hoover, Lee, Mathis, McCarty, Stephanie Nguyen
Prepared by: Allison Whitt Meredith / JUD. / (916) 651-4113
6/18/24 10:49:52
**** END ****
Senator Thomas Umberg, Chair
2023-2024 Regular Session
Bill No: AB 1974 (Author:Petrie-Norris)
Version: January 30, 2024
Hearing Date: June 4, 2024
Fiscal: Yes
Urgency: No
Consultant: AWM
SUBJECT
Family conciliation courts: evaluator training
DIGEST
This bill requires evaluators within the family conciliation court to be trained on the risks associated with access to firearms and ways to reduce those risks.
EXECUTIVE SUMMARY
Current law establishes a “family conciliation court” within each superior court to help families amicably settle domestic disputes. Family conciliation courts rely on counselors, mediators, investigators, and child custody evaluators—collectively defined as “evaluators”—who assist the family conciliation court in carrying out its functions. Evaluators must undergo continuing instruction, which includes areas of basic instruction as well as 16 hours on advanced training topics. The advanced training topics include a range of issues, including matters relating to the unique issues in a family and psychological assessment in a domestic violence case.
This bill adds, as an advanced training topic within the category of unique issues in a family and psychological assessment in a domestic violence case, training on the risks associated with firearms and ways to reduce those risks.
This bill is sponsored by the author and is supported by Brady United Against Gun Violence, the Consumer Protection Policy Center, the Junior League of Orange County, and the Legislative Coalition to Prevent Child Abuse. The Committee has not received timely opposition to this bill.
PROPOSED CHANGES TO THE LAW
Existing law:
- Establishes the family conciliation court within each superior court in order to provide means for the reconciliation of spouses and amicable settlement of domestic and family controversies. (Fam. Code, §§ 1801, 1810.)
- Authorizes the superior court to appoint one supervising counselor of conciliation and one secretary to assist the family conciliation court, and associate counselors of conciliation as needed, in disposing of its business and carrying out its functions. The supervising counselor has enumerated powers, including holding conciliation conferences with parties, making reports, and holding hearings in all family conciliation court cases as required by the judge of the family conciliation court, and making investigations, as specified. (Fam. Code, § 1814.)
- Sets forth the minimum requirements for a person employed as a supervising counselor of conciliation or an associate counselor of conciliation, including a master’s degree in psychology, social work, marriage, family and child counseling, or other behavioral science substantially related to marriage and family interpersonal relationships; at least two years of experience, as provided, knowledge of the state’s court system and family law procedures; and the training in domestic violence issues set forth in 5). (Fam. Code, § 1815.)
- Defines an “evaluator” to mean a supervising or associate counselor of conciliation, and specified mediators, court-appointed investigators, and court-appointed evaluators. (Fam. Code, § 1816(a)(2).)
- Requires the evaluators set forth in 4) to participate in a program of continuing education on specified basic instruction topics, and to complete 16 hours of advanced training topics within a 12-month period, 12 hours of which must include training on matters including the appropriate structuring of the child custody evaluation process; relevant local, state, and federal laws, rules, and regulations; and the unique issues in a family and psychological assessment in a domestic violence case. (Fam. Code, § 1816(b)-(d).)
This bill adds, to the list of advanced training topics for evaluators that must be covered as part of the training on the unique issues in a family and psychological assessment in a domestic violence case, the risks associated with access to firearms and ways to reduce those risks.
COMMENTS
- Author’s comment
According to the author:
AB 1974 seeks to enhance the existing domestic violence training that various family law court-connected professionals currently undergo to include training on the dangers of owning and possessing firearms.
Current law requires that a variety of court-connected professionals, including court-appointed investigators, mediators, and child custody evaluators undergo domestic violence training. California has led the way in having court-connected professionals available to assist families with conflicted child custody cases and to assist with safety planning. These professionals help families in conflict craft parenting plans and recommend child custody and visitation orders to the court.
However, they are not currently trained on how to manage and resolve domestic violence situations that involve a firearm. As evidenced by the numerous academic studies detailing the enhanced risks associated with firearm possession during instances of domestic violence, not having key information about risks and ways to decrease those risks reflects a major gap in the training these professionals receive.
AB 1974 simply requires that existing domestic violence training that court-connected mediators, evaluators, and other relevant persons take additionally include training on the increased risks of firearms. This will better prepare these professionals for when they encounter dangerous scenarios involving victims of domestic violence and their families and help save lives.
2. This bill expressly requires training for evaluators in the family conciliation courts to be trained on the risks associated with firearms and ways to reduce those risks
Each superior court is required to establish a “family conciliation court” to help families amicably settle domestic disputes.[1] Family conciliation courts rely on counselors, mediators, investigators, and child custody evaluators—collectively defined as “evaluators”—who assist the family conciliation court in carrying out its functions.[2] Evaluators must undergo continuing instruction, which includes areas of basic instruction as well as 16 hours on advanced training topics.[3] The advanced training topics include a range of issues, including matters relating to the unique issues in a family and psychological assessment in a domestic violence case.[4]
This bill adds, as an advanced training topic within the category of unique issues in a family and psychological assessment in a domestic violence case, training on the risks associated with firearms and ways to reduce those risks. According to the Assembly Judiciary Committee’s analysis of this bill, these issues are already included within the current evaluator training programs; by expressly requiring training on these issues, this bill will ensure that they are not omitted from the training going forward.
3. Arguments in support
According to Brady United Against Gun Violence:
California has led the way in having court-connected professionals available to assist families with conflicted child custody cases and to assist with safety planning. State law requires that these professionals, which include court-appointed investigators, mediators, and child-custody evaluators undergo domestic violence training. This training includes details on the effects of exposure to domestic violence and psychological trauma on children, the influence of alcohol and drug use and abuse, and the use of psychological testing in assessing parenting abilities in domestic violence cases.
Unfortunately, these professionals are not currently trained on how to manage and resolve domestic violence situations that involve a firearm. Given the enhanced risks associated with firearm possession during instances of domestic violence, this is a clear gap.
AB 1974 requires that existing domestic violence training that court-connected
mediators, evaluators, and other relevant persons take additionally include training on the increased risks of firearms. This will better prepare these professionals for when they encounter dangerous scenarios involving victims of domestic violence and their families and help save lives.
SUPPORT
Brady United Against Gun Violence
Consumer Protection Policy Center
Junior League of Orange County
Legislative Coalition to Prevent Child Abuse
OPPOSITION
None received
RELATED LEGISLATION
Pending Legislation: None known.
Prior Legislation: SB 1493 (Committee on Public Safety, Ch. 197, Stats. 2022) updated an item in the list of advance training topics for evaluators, to refer to “domestic violence shelter-based programs” instead of “shelters for battered women.”
PRIOR VOTES:
Assembly Floor (Ayes 70, Noes 0)
Assembly Appropriations Committee (Ayes 12, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
**************
Date of Hearing: March 20, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 1974
Author:(Petrie-Norris) – As Introduced Ver:January 30, 2024
Policy Committee: | Judiciary | Vote: | 10 - 0 |
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| ||
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Urgency: No State Mandated Local Program: No Reimbursable: No
SUMMARY:
This bill adds an additional topic – the risks associated with access to firearms and ways to reduce those risks – to the list of topics that must be covered during required training for family conciliation court personnel.
FISCAL EFFECT:
No significant state costs.
COMMENTS:
- Purpose. According to the author, “AB 1974 seeks to enhance the existing domestic violence training that various family law court-connected professionals currently undergo to include training on the dangers of owning and possessing firearms.”
- Background. Existing law allows county superior courts to establish family conciliation courts that work on certain family law matters, including reconciliation of spouses and amicable settlement of family conflicts. The law requires supervising or associate counselors, mediators, court-connected or private child custody evaluators, and court-appointed investigators or evaluators working for a family conciliation court to complete certain basic and advanced trainings. The Family Code lists topics pertaining to family and psychological assessments in domestic violence cases that must be covered during the court personnel trainings.
This bill adds, to the list of required topics that must be covered in the trainings, the risks associated with access to firearms and ways to reduce those risks. Judicial Council reports that its existing trainings cover risks relating to firearms and it will not incur additional workload as a result of this bill.
Analysis Prepared by: Annika Carlson / APPR. / (916) 319-2081
Date of Hearing: March 12, 2024
ASSEMBLY COMMITTEE ON JUDICIARY
Ash Kalra, Chair
ABPCA Bill Id:AB 1974
Author:(Petrie-Norris) – As Introduced Ver:January 30, 2024
PROPOSED CONSENT
SUBJECT: Family conciliation courts: evaluator training
KEY ISSUE: Should domestic violence training for family conciliation court personnel include training on the risks of firearms and ways to reduce those risks?
SYNOPSIS
Existing law establishes “family conciliation courts” within the county superior courts, in order to provide more amicable settlement of domestic and family disputes. Family conciliation courts rely upon various counselors, mediators, investigators, and child custody evaluators – collectively known as “evaluators”-- to assist the family conciliation court in carrying out its functions. Existing law requires evaluators to undergo periodic training, including training that is designed to identify, assess, and reduce the risks of domestic violence. This bill would require that training on domestic violence assessment and reduction to include training on the risks associated with access to firearms and ways to reduce those risks. According to the Judicial Council, it is their understanding that existing training typically includes coverage of the risks of firearms. This bill, therefore, may not greatly alter existing training, but it will expressly require and thereby ensure that all domestic violence training for family conciliation court evaluators cover the risks associated with firearms and ways to reduce those risks. The bill is supported by the Family Violence Appellate Project and the gun violence prevention advocacy group, GIFFORDS. There is no registered opposition to the bill.
SUMMARY: Requires that the risks associated with access to firearms, and ways to reduce those risks, are included among the topics covered in existing domestic violence assessment training for Family Conciliation Court personnel.
EXISTING LAW:
- Establishes the family conciliation court, which may be implemented by the superior court in each county, to provide means for the reconciliation of spouses and the amicable settlement of domestic and family controversies. In each county in which a family conciliation court is established, the superior court may appoint one supervising counselor of conciliation and one secretary to assist the family conciliation court in disposing of its business and carrying out its functions. (Family Code Section 1810 et seq.)
- Defines an “evaluator” for purposes of family reconciliation court proceedings to include a supervising or associate counselor, a mediator, a court-connected or private child custody evaluator, or a court-appointed investigator or evaluator, as described. Requires an evaluator to participate in specified training requirements, including assessment of various risks of domestic violence. (Family Code Section 1816.)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: According to the author, “AB 1974 seeks to enhance the existing domestic violence training that various family law court-connected professionals currently undergo to include training on the dangers of owning and possessing firearms.”
Existing law establishes “family conciliation courts,” within the county superior courts, in order to provide for amicable settlement of domestic disputes. Family conciliation courts rely upon various counselors, mediators, investigators, and child custody evaluators – collectively defined as “evaluators” – who assist the family conciliation court in carrying out its functions. Existing law requires evaluators to under periodic training, including training that is designed to assess and reduce the risks of domestic violence. This bill would specify that training on domestic violence assessment and reduction must include training on the risks associated with access to firearms and ways to reduce those risks.
According to the Judicial Council, existing training typically includes coverage of the risks of firearms. This bill, therefore, may not greatly alter existing training, but it will expressly require coverage of those topics and therefore ensure that all domestic violence training for family conciliation court evaluators covers the risks associated with firearms and ways to reduce those risks.
ARGUMENTS IN SUPPORT: GIFFORDS, a gun violence prevention group founded by former Congresswoman and gun violence survivor Gabby Giffords, writes in support:
California has led the way in having court-connected professionals available to assist families with conflicted child custody cases and to assist with safety planning. State law requires that these professionals, which include court-appointed investigators, mediators, and child-custody evaluators, undergo domestic violence training. This training includes details on the effects of exposure to domestic violence and psychological trauma on children, the influence of alcohol and drug use and abuse, and the use of psychological testing in assessing parenting abilities in domestic violence cases.
Unfortunately, these professionals are not currently required to also be trained on how to manage and resolve domestic violence situations that involve a firearm. Given the enhanced risks associated with firearm possession during instances of domestic violence, this is a clear gap.
AB 1974 requires existing domestic violence training that court-connected mediators, evaluators, and other relevant persons take include training on the increased risks of firearms when there is a family crisis. This will better prepare these professionals for handling dangerous scenarios and help save lives.
REGISTERED SUPPORT / OPPOSITION:
Support
Brady Campaign
California Partnership to End Domestic Violence
Consumer Protection Policy Center, USD School of Law
Family Violence Appellate Project
Giffords
San Diegans for Gun Violence Prevention
San Diego City Attorney's Office
Opposition
None on file
Analysis Prepared by: Tom Clark / JUD. / (916) 319-2334
Bill Author
