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AB-808 Child custody: appointment of counsel.(2017-2018)

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Date Published: 04/26/2017 09:00 PM
AB808:v97#DOCUMENT

Amended  IN  Assembly  April 26, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 808


Introduced by Assembly Member Cunningham

February 15, 2017


An act to amend Section 3150 of the Family Code, relating to child custody.


LEGISLATIVE COUNSEL'S DIGEST


AB 808, as amended, Cunningham. Child custody: appointment of counsel.
Existing law authorizes the court, if the court determines that it would be in the best interest of the minor child, to appoint private counsel to represent the interests of the child in a custody or visitation proceeding, provided that the court and counsel comply with specified California Rules of Court, including continuing education and training requirements in certain subjects, such as representation of a child in custody and visitation proceedings. Upon entering an appearance on behalf of a child, existing law requires counsel to continue to represent that child unless relieved by the court upon substitution of other counsel by the court or for cause.
This bill would authorize the court to appoint private counsel who does not meet those continuing education and training requirements to represent the interests of the child in a child custody or visitation proceeding if the court determines that an attorney who meets the continuing education and training requirements is not available and the appointment is in the best interests of the child.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 3150 of the Family Code is amended to read:

3150.
 (a) If the court determines that it would be in the best interests of the minor child, the court may appoint private counsel to represent the interests of the child in a custody or visitation proceeding, provided that the court and counsel comply with the requirements set forth in Rules 5.240, 5.241, and 5.242 of the California Rules of Court.
(b) Notwithstanding subdivision (a), the court may appoint private counsel who does not meet the continuing education and training requirements set forth in subdivision (d) of Rule 5.240 5.242 of the California Rules of Court to represent the interests of the child in a custody or visitation proceeding if the court determines that an attorney who meets the continuing education and training requirements set forth in subdivision (d) of Rule 5.240 5.242 of the California Rules of Court is not available and the appointment is in the best interests of the child.
(c) Upon entering an appearance on behalf of a child pursuant to this chapter, counsel shall continue to represent that child unless relieved by the court upon the substitution of other counsel by the court or for cause.