LEGISLATIVE COUNSEL'S DIGEST


AB 612, as amended, Beall. Custody and visitation: nonscientific
theories.
Existing law governs the determination of child custody and
visitation with a child in contested proceedings. Existing law
provides for the use of court-appointed investigators, as defined,
including court-appointed evaluators directed by the court to conduct
a child custody investigation in those proceedings. Existing law
authorizes the court to appoint a child custody evaluator if the
court determines it is in the best interest of the child. If directed
by the court, the evaluator is required to file a written
confidential report on his or her evaluation. 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.
Existing law requires all child custody evaluators to have completed
specified training relating to domestic violence and child abuse.
Existing law requires the Judicial Council to adopt standards for
court-connected evaluations, investigations, and assessments related
to child custody. Existing law also requires the Judicial Council to
formulate rules of court that establish education, experience, and
training requirements for child custody evaluators and to establish
related forms, as specified.
This bill would provide that a child's expression of
significant hostility toward a parent may be admitted as possible
corroborating evidence that the parent has abused the child. The bill
would prohibit a court from concluding that an accusation of child
physical or sexual abuse against a parent is false based solely on
the child's expression of significant hostility toward the parent.
The bill would also require that, on and after January 1, 2010, these
provisions be included in all training required of child custody
evaluators, and would, consequently, require the Judicial Council to
revise training standards for child custody evaluators
allegations of physical or sexual abuse against a child are to be
investigated using specified methods of data collection and analysis.
The bill would provide that the rules of evidence applicable in
criminal proceedings shall apply whenever the court considers an
allegation of physical or sexual abuse against a child in a custody
proceeding. The bill would also provide that unproven, nonscientific
theories, including, but not limited to, alienation theories, as
specified, are not consistent with generally accepted clinical,
forensic, scientific, diagnostic, or medical standards. The bill
would prohibit a court from relying upon an unproven, unscientific
theory and from accepting into evidence any finding provided by an
expert witness or court appointed professional who has relied on
an unproven, nonscientific theory that is a basis for that
finding. The bill would require the Judicial Council to provide
training consistent with these provisions . The bill would
include a statement of legislative intent.