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AB-1019 Child custody: counseling of parents and child.(2023-2024)

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Date Published: 04/13/2023 09:00 PM
AB1019:v97#DOCUMENT

Amended  IN  Assembly  April 13, 2023
Amended  IN  Assembly  March 23, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1019

Introduced by Assembly Member Pellerin

February 15, 2023

An act to add Chapter 14 (commencing with Section 3210) to Part 2 of Division 8 amend Section 3190 of the Family Code, relating to child custody.


LEGISLATIVE COUNSEL'S DIGEST


AB 1019, as amended, Pellerin. Reunification therapy camps: private youth transport companies. Child custody: counseling of parents and child.
Existing law provides that a court, upon making certain findings, may require the parent or parents of a minor child, or any other party involved in a custody or visitation dispute, and the minor child to participate in outpatient counseling, as specified.
This bill would prohibit a court from ordering a child to be transported to a facility or program, to be placed in a residential facility or program, or to participate in services or therapy, whether on a residential or outpatient basis, to address the child’s alienation from a parent without first obtaining the consent of the other parent, the consent of the child, and the consent of the child’s appointed counsel. If the child is 12 years of age or older, then consent of the other parent and the child would be required.

Existing law governs the determination of child custody and visitation in contested proceedings within the family court. Existing law requires the family court, for purposes of deciding custody, to determine the best interests of the child based on certain factors. Existing law prohibits the ordering of family reunification services as part of a child custody or visitation rights proceeding, but without affecting the applicability of other provisions relating to family reunification services within child dependency proceedings in the juvenile court.

This bill would require the State Department of Social Services to adopt a statewide licensing and registration program for private youth transport companies that are hired or otherwise contracted to facilitate the transportation of minors to private, fee-based reunification therapy camps, as ordered by the family court in a child custody or visitation rights proceeding. The bill would define those camps as camp facilities that provide treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged, abusive, or rejected parent or other family member of the child.

The bill would make legislative findings relating to the practice by some private youth transport companies of forcibly removing children from their homes to attend reunification therapy camps. Under the bill, the purpose of the licensing and registration program would be to ensure child safety and emotional well-being during the transportation. The bill would require the department to prioritize child safety, ensure that private youth transport company personnel receive trauma-informed training, identify best practices, and annually report to the Legislature on related data, as specified.

The bill would require a private youth transport company licensed and registered under the program to conduct a local and national criminal background check for each participating driver involved in court-ordered youth transportation, as specified. The bill would prohibit the company from contracting with, employing, or retaining a driver if the driver is currently registered on a specified federal national sex offender website or has been convicted of a violent felony or other certain offenses, as specified. Under the bill, a company violating those provisions would be subject to a civil penalty of not less than $1,000 nor more than $5,000 for each offense.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Section 3190 of the Family Code is amended to read:

3190.
 (a) The court may require parents or any other parents, or another party involved in a custody or visitation dispute, and the minor child, child to participate in outpatient counseling with a licensed mental health professional, or through other community programs and services that provide appropriate counseling, including, but not limited to, mental health or substance abuse services, for not more than one year, provided that the program selected has counseling available for the designated period of time, if the court finds both of the following:
(1) The dispute between the parents, between the parent or parents and the child, between the parent or parents and another party seeking custody or visitation rights with the child, or between a party seeking custody or visitation rights and the child, poses a substantial danger to the best interest of the child.
(2) The counseling is in the best interest of the child.
(b) In determining whether a dispute, as described in paragraph (1) of subdivision (a), poses a substantial danger to the best interest of the child, the court shall consider, in addition to any other factors the court determines relevant, any a history of domestic violence, as defined in Section 6211, within the past five years between the parents, between the parent or parents and the child, between the parent or parents and another party seeking custody or visitation rights with the child, or between a party seeking custody or visitation rights and the child.
(c) Subject to Section 3192, if the court finds that the financial burden created by the order for counseling does not otherwise jeopardize a party’s other financial obligations, the court shall fix the cost and shall order the entire cost of the services to be borne by the parties in the proportions the court deems reasonable.
(d) The court, in its finding, shall set forth reasons why it has found both of the following:
(1) The dispute poses a substantial danger to the best interest of the child child, and the counseling is in the best interest of the child.
(2) The financial burden created by the court order for counseling does not otherwise jeopardize a party’s other financial obligations.
(e) The court shall not order the parties to return to court upon the completion of counseling. Any A party may file a new order to show cause or motion after counseling has been completed, and the court may again order counseling consistent with this chapter.
(f) (1) The court shall not order a child to be transported to a facility or program, to be placed in a residential facility or program, or to participate in services or therapy, whether on a residential or outpatient basis, to address the child’s alienation from a parent without first obtaining all of the following:
(A) Consent of the other parent.
(B) Consent of the child.
(C) Consent of the counsel for the child who is appointed for the purpose of representing and advocating for the child’s wishes.
(2) If the child is 12 years of age or older, the court shall obtain consent from both the other parent and the child.

SECTION 1.

The Legislature finds and declares all of the following:

(a)In October 2022, two children who are residents of the County of Santa Cruz were physically removed from their home by force by a private youth transport company under a court order for short-term placement at a private, fee-based reunification therapy camp.

(b)A video was subsequently circulated that documented the forced removal of the children. Many community members expressed concern and outrage over the manner in which the forced removal was carried out.

(c)The practice by some private youth transport companies of forcibly removing children from their homes to attend reunification therapy camps in parental alienation cases can contribute to adverse childhood trauma experiences that have both immediate and lifelong physical and mental health consequences.

(d)Private youth transport companies in these court-ordered cases currently operate without statewide oversight or regulations in the State of California.

(e)It is in the interest of the people of the state to adopt statewide provisions to regulate youth transportation in child custody cases involving reunification, to report uses of force, to create a state licensing program for that transportation, to monitor and enforce those licensing provisions, and to conduct mandatory training and continuing education associated with youth trauma related to use of force.

SEC. 2.Chapter 14 (commencing with Section 3210) is added to Part 2 of Division 8 of the Family Code, to read:
14.Private Youth Transport Companies
3210.

For purposes of this chapter, the following definitions apply:

(a)“Department” means the State Department of Social Services, unless otherwise specified.

(b)“Reunification therapy camp” means a camp facility that provides treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged, abusive, or rejected parent or other family member of the child.

3211.

This chapter applies only to private youth transport companies that are hired or otherwise contracted to facilitate the transportation of minors to private, fee-based reunification therapy camps, as ordered by the family court in a child custody or visitation rights proceeding.

3212.

(a)The State Department of Social Services shall adopt a statewide licensing and registration program for private youth transport companies to ensure child safety and emotional well-being during the transportation of minors ordered by the family court to private, fee-based reunification therapy camps.

(b)As part of the licensing and registration program, the department shall do all of the following:

(1)Prioritize child safety in any reunification-related proceedings in family court affecting the custody and care of children.

(2)Ensure that private youth transport company personnel affiliated with cases that involve reunification therapy camps receive trauma-informed training in order to reduce adverse childhood trauma attributable to court-ordered transportation.

(3)Identify best practices for preventing bodily harm during the court-ordered pickup and transportation of minors and for minimizing adverse childhood trauma relating to the separation of the minor from their home.

(4)(A)For purposes of tracking outcomes, annually report to the Legislature, in accordance with Section 9795 of the Government Code, on relevant, existing data regarding private youth transport companies that facilitate the removal of minors from homes for court-ordered participation in reunification therapy camps.

(B)Data may include, but are not limited to, the companies that register under the program, the family courts by which these companies are called upon, any complaints of misconduct during the pickup or transportation of minors, and changes in recommendations for best practices. Data shall exclude any personally identifiable information.

3213.

(a)A private youth transport company licensed and registered pursuant to Section 3212 shall meet all of the following conditions:

(1)The company shall conduct a local and national criminal background check for each participating driver involved in court-ordered youth transportation. The criminal background check shall include both of the following:

(A)Use of a multistate and multijurisdiction criminal records locator or other similar commercial nationwide database with validation.

(B)A search of the United States Department of Justice National Sex Offender Public Website.

(2)The company shall not contract with, employ, or retain a driver if the driver meets either of the following criteria:

(A)Is currently registered on the United States Department of Justice National Sex Offender Public Website.

(B)Has been convicted of any of the following offenses:

(i)A violent felony, as defined in Section 667.5 of the Penal Code.

(ii)A violation of Section 236.1, 11413, 11418, 11418.5, or 11419 of the Penal Code.

(3)The company shall not contract with, employ, or retain a driver if the driver has been convicted of any of the following offenses within the previous seven years:

(A)Misdemeanor assault or battery, as described in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code or any other applicable law.

(B)A domestic violence offense, as defined in Section 13700 of the Penal Code or any other applicable law.

(C)Child abuse or neglect, as described in Chapter 2 (commencing with Section 270) of Title 9 of Part 1 of the Penal Code or any other applicable law.

(D)Driving under the influence of alcohol or drugs, as described in Section 23152 or 23153 of the Vehicle Code or any other applicable law.

(b)Paragraphs (2) and (3) of subdivision (a) shall apply with respect to a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in those paragraphs.

(c)This section shall not be construed as preventing a private youth transport company from imposing additional standards.

(d)A private youth transport company that violates, or fails to comply with, this section is subject to a civil penalty of not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) for each offense.