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SB-1284 Court files: confidentiality.(2003-2004)

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SB1284:v94#DOCUMENT

Senate Bill No. 1284
CHAPTER 102

An act to add Section 3025.5 to the Family Code, relating to family law.

[ Filed with Secretary of State  July 06, 2004. Approved by Governor  July 05, 2004. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 1284, Morrow. Court files: confidentiality.
Existing law governs the management and preservation of trial court records and recognizes that court records are generally public records, unless a specific exception applies. Existing law also provides for child custody evaluations, investigations, and assessments in contested proceedings involving child custody or visitation rights.
This bill would establish procedures for keeping the reports containing psychological evaluations of a child or recommendations regarding custody of, or visitation with, a child, that are submitted to the court in any proceeding involving child custody or visitation, in the confidential portion of court files. The bill would make this information available only to specified persons.

The people of the State of California do enact as follows:


SECTION 1.

 Section 3025.5 is added to the Family Code, to read:

3025.5.
 In any proceeding involving child custody or visitation rights, if a report containing psychological evaluations of a child or recommendations regarding custody of, or visitation with, a child is submitted to the court, including, but not limited to, a report created pursuant to Chapter 6 (commencing with Section 3110) of this part, a recommendation made to the court pursuant to Section 3183, and a written statement of issues and contentions pursuant to subdivision (b) of Section 3151, that information shall be contained in a document that shall be placed in the confidential portion of the court file of the proceeding, and may not be disclosed, except to the following persons:
(a) A party to the proceeding and his or her attorney.
(b) A federal or state law enforcement officer, judicial officer, court employee, or family court facilitator for the county in which the action was filed, or an employee or agent of that facilitator, acting within the scope of his or her duties.
(c) Counsel appointed for the child pursuant to Section 3150.
(d) Any other person upon order of the court for good cause.