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AB-2294 Child custody proceedings: finding of sexual abuse. (2017-2018)

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Date Published: 08/15/2018 09:00 PM
AB2294:v96#DOCUMENT

Enrolled  August 15, 2018
Passed  IN  Senate  August 13, 2018
Passed  IN  Assembly  May 29, 2018
Amended  IN  Assembly  April 02, 2018
Amended  IN  Assembly  March 13, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2294


Introduced by Assembly Member Obernolte

February 13, 2018


An act to amend Section 3027 of the Family Code, relating to child custody.


LEGISLATIVE COUNSEL'S DIGEST


AB 2294, Obernolte. Child custody proceedings: finding of sexual abuse.
Existing law authorizes a court to request the local child welfare services agency to conduct an investigation of allegations of child abuse, including child sexual abuse, made during a child custody proceeding. Existing law requires a social worker to investigate these court-referred allegations of child abuse to the same extent as any other child abuse allegations, including interviewing a child 4 years of age or older under specific circumstances. Existing law requires the local child welfare services agency, upon completion of the investigation, to report its findings to the court.
This bill would require a court to request the local child welfare services agency to conduct an investigation of allegations of child abuse, including child sexual abuse, made during a child custody proceeding, when the court determines that it cannot protect the child from future child abuse, either through custody or protective orders. This bill would require the local welfare agency, upon completion of the investigation, to report its findings to the court. By requiring a local child welfare services agency to conduct an investigation under these additional circumstances, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 3027 of the Family Code is amended to read:

3027.
 (a) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding and the court has concerns regarding the child’s safety, the court may take any reasonable, temporary steps as the court, in its discretion, deems appropriate under the circumstances to protect the child’s safety until an investigation can be completed. Nothing in this section shall affect the applicability of Section 16504 or 16506 of the Welfare and Institutions Code.
(b) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding, the court may request that the local child welfare services agency conduct an investigation of the allegations pursuant to Section 328 of the Welfare and Institutions Code. Upon completion of the investigation, the agency shall report its findings to the court.
(c) If allegations of child abuse, including child sexual abuse, are made during a child custody proceeding, and the court determines that it cannot protect the child from future child abuse, either through custody or protective orders, the court shall request that the local child welfare services agency conduct an investigation of the allegations pursuant to Section 328 of the Welfare and Institutions Code. Upon completion of the investigation, the agency shall report its findings to the court.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.