3111.
(a) In any contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator to conduct a child custody evaluation in cases where the court determines it is in the best interests of the child. The child custody evaluation shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on his or her evaluation. At least 10 days before any hearing regarding custody of the child, the report shall be filed with the clerk of
the court in which the custody hearing will be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. The report may be considered by the court.(b) The report shall not be made available other than as provided in subdivision (a) or (g), or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile court case file, as defined in subdivision (e) of Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code.
(c) The report may be received in evidence on stipulation of all interested
parties and is competent evidence as to all matters contained in the report.
(d) If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party. The sanction shall be in an amount sufficient to deter repetition of the conduct, and may include reasonable attorney’s fees, costs incurred, or both, unless the court finds that the disclosing party acted with substantial justification or that other circumstances make the imposition of the sanction unjust. The court shall not impose a sanction pursuant to this subdivision that imposes an unreasonable financial burden on the party against whom the sanction is imposed. This subdivision shall become operative on January 1, 2010.
(e) The Judicial Council shall, by January 1, 2010, do the following:
(1) Adopt a form to be served with every child custody evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report.
(2) Adopt a rule of court to require that, when a court-ordered child custody evaluation report is served on the parties, the form specified in paragraph (1) shall be included with the report.
(f) For purposes of this section, a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interests of the child.
(g) (1) A party permitted to possess the report may provide a copy of the report to an authorized representative of the licensing board governing the child custody evaluator who prepared the report in order to assist the board in investigating allegations that the child custody evaluator engaged in unprofessional conduct related to the creation of the report. The confidential information contained in the report shall remain confidential except for purposes of investigating the alleged unprofessional conduct of the child custody evaluator, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the licensing board in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case.
case, including, but not limited to, the licensing board and its witnesses.
Names that are confidential shall be listed in attachments separate from the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearing, and may not subsequently be released. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the licensing board decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the licensing board may not contain the name of the minor.
(2) For purposes of this section, a disclosure of the confidential written report pursuant to this
subdivision shall not be considered unwarranted.