AB 53 (Murray) Adoption. This bill provides legislative findings and declarations that a person or persons who otherwise meet the needs of a child should not be prevented from adopting that child based on marital status, and specifically allows an unmarried adult, two adults who are legally married, or two adults who are not legally married to adopt a child. Status: Dead, ASM.

AB 1544 (Committee on Human Services) Dependent children: adoption. This bill makes several changes to foster care and adoption procedures with the goal of expediting the permanent placement of foster children living with relatives. It allows a relative adoptive parent, the child, and the birth parent or other relatives, to enter into a written agreement, known as a kinship adoption agreement, for continuing contact between all parties, if the agreement is found by the court to be in the best interests of the child. The bill also provides procedures for the juvenile court to establish paternity of the child at the time the child becomes a dependent of the court. Status: Chapter 793, 1997.

AB 2196 (Washington) Continued contact with siblings. This bill provides that, when a court orders a dependent child be placed for adoption, the child shall have the right to have the court consider ordering continued contact with the child's natural siblings after the adoption. The court is required to order continued communication or contact with the child's siblings upon a finding, made in writing or on the record, that the continued contact is in the best interest of the child. Status: Chapter 1072, 1998.

AB 2304 (Runner) Ethnic and racial considerations in adoptions. This bill revises provisions relating to interethnic adoptions and foster care placement of minors to conform state law to the Federal Small Business and Job Protection Act of 1996. The bill eliminates consideration of the cultural, ethnic, or racial background of a child and the capacity of foster parents to meet the needs of a child of that background as a factor in determining the best interest of the child. The bill continues to prohibit an agency or entity from delaying or denying any person the opportunity to become a foster or adoptive parent on the basis of race, color, or national origin. Status: Dead, AJUD.

SB 1121 (Craven) Independent adoptions. This bill expands the list of persons who may qualify as adoption service providers to include licensed marriage, family and child counselors with a minimum of five years experience providing professional social work services while employed by a licensed California adoption agency or the Department of Social Services. Status: Chapter 559, 1997.

AB 329 (Caldera) Juveniles: freedom from parental control. This bill provides that an appeal from a judgment of a referee denying the recommendation to free minors from parental custody or control shall have precedence over all other cases in the court hearing the appeal. Existing law provided such precedence only to appeals from judgments freeing minors from parental custody or control. Status: Chapter 510, 1997.

AB 1065 (Goldsmith) Access to child abuse records. This bill requires the Department of Justice to make available to personnel from a child protective agency responsible for placing dependent children, relevant information from the Child Abuse Central Index about a prospective relative caretaker. Status: Chapter 844, 1997.

AB 1091 (Committee on Judiciary) Dependent children. This bill makes various technical changes to the Welfare and Institutions Code relating to children who are adjudged dependents of the court. The bill eliminates the distinction between children who have been adjudged dependents of the court pre- and post-January 1, 1989, removes all references to "probation officers" with relation to dependent children, and instead refers to "social workers", changes the word "minor" to "child" throughout the dependency section, and deletes all sections dealing with demonstration projects which have previously terminated. Status: Chapter 1054, 1998.

AB 1196 (Shelley) Placement of dependent children. This bill establishes a review standard to determine if the home of a relative will provide a safe, stable or permanent home for a child who is placed in foster care with a relative. The bill requires that the social worker and the court consider, among other things, whether any person living in the home of a relative being considered for kinship placement has a history of violent criminal acts or acts of child abuse or neglect, and the level of safety of the relative's home. Status: Chapter 268, 1997.

AB 1361 (Thompson) Dependent children. This bill requires a social worker, before taking a minor into custody based on the likelihood of abuse, neglect, or immediate threat to the child’s health or safety, to notify the minor's parent or caretaker that the child may stay in the home only if the alleged perpetrator voluntarily agrees to sign a self-restraining order preventing him or her from any contact with the child unless supervised by an appropriate child protective agency. Any person who violates a self-restraining order shall be punished by imprisonment in county jail for up to one year. Status: Dead, AJUD.

AB 1651 (Ortiz) Childhood sexual abuse: time of commencing action. This bill permits victims to bring actions for childhood sexual abuse under the extended statute of limitations against not only alleged perpetrators, but also against individuals or entities who allegedly acted intentionally or negligently in permitting the abuse to occur. Status: Chapter 1032, 1998.

AB 1809 (Bowen) Foster care: licensure removal. This bill authorizes a foster child to bring a private attorney general action against a foster care facility for child abuse, and to seek revocation of the facility's license as a part of that action. The bill also directs any civil penalties awarded pursuant to such actions to the Department of Social Services to support general regulatory enforcement activity associated with foster care group homes. Status: Dead, AAPR.

AB 1988 (Kuehl) Foster care. This bill broadens the rights of foster parents to participate in juvenile court proceedings concerning a foster child. The bill authorizes a foster parent to be admitted to any juvenile court hearing concerning his or her foster child and to serve as a witness and present relevant testimony concerning the health, safety, welfare, and social, physical, and emotional condition of any foster child in his or her care. Status: Vetoed.

AB 2229 (Keeley) Birth certificate fees: juvenile court mediation. This bill extends, from December 31, 1998 to June 30, 1999, the sunset date on the authorization for counties to impose an additional $3 fee for certified copies of birth certificates. This $3 surcharge is earmarked for mediation services in juvenile dependency cases. Status: Chapter 1062, 1998.

AB 2310 (Wright) Dependent children: adoption. This bill expands the options available to the juvenile court regarding placement of a child who has been adjudged a dependent of the court, and sets an order of preference for placement. The bill authorizes a judge of juvenile court, upon determining that a dependent child is likely to be adopted, to terminate the rights of a parent and order the child be placed for adoption. The court is prohibited from concluding that a child is not likely to be adopted solely on the basis that the child is not yet placed in a pre-adoptive home nor with a relative or foster family who is prepared to adopt the child. Status: Chapter 572, 1998.

AB 2316 (Knox) Child abuse: reports. This bill attempts to increase access to information concerning any abuse or injury inflicted on a child who is in protective custody. All information requested from a child protective agency regarding a child who is in protective custody, or from a child's guardian ad litem, must be provided to the child's counsel within 30 days. Additionally, any employee of a child protective agency who knows or reasonably suspects that a child who is in protective custody has been the victim of child abuse or assault or injury must send a copy of the suspected child abuse report to the attorney within 36 hours. Status: Chapter 900, 1998.

AB 2714 (Ducheny) Indian Child Welfare Act. This bill prohibits the court from using the "existing Indian family doctrine" in determining the best foster care or adoption placement for an Indian child. The bill requires application of the federal Indian Child Welfare Act (ICWA) for all Indian children, thereby precluding the best interest of the individual child as the paramount consideration to be used by California courts. Status: Failed, AJUD.

SB 644 (Polanco) Child abuse central index. This bill creates the Lance's Law Child Safety Reform Act of 1997, providing for greater access to the Child Abuse Central Index (Index) to create a body of information to prevent child deaths. The bill provides access to the Index to child death review teams, child protective agencies, hospital scan teams, out-of-state law enforcement agencies, and others who are involved in the placement of children in foster care and other placements. Status: Chapter 842, 1997.

SB 1254 (Calderon) Child Endangerment Protection Act. This bill imposes, through January 1, 2003, additional reporting requirements on persons who are defined as high-risk sex offenders and who are required to register as sex offenders. In addition to the current reporting requirement, this bill imposes a voice identification and verification requirement, as a condition of release, which would require the offender to call into a computer which will be able to identify the caller by voice and pinpoint the location of the caller. The frequency of calls shall be at the discretion of the court. Status: Vetoed.

SB 1401 (Leslie) Children's Privacy Protection and Parental Empowerment Act. This bill prohibits any person from knowingly permitting an incarcerated person or sex offender to process, input into a computer, assemble, or compile any personal information which identifies a child in a manner which would be sufficient to locate and contact the child. The bill additionally makes it a misdemeanor for list brokers to continue disclosing personal information about a child after receiving a written request from a parent to discontinue the disclosure, and authorizes a child or parent to bring a civil action to enjoin further violation of these provisions and to recover actual damages sustained as a result of the violation. Status: Dead, AAPPR.

SB 1482 (Rosenthal) Status review hearings. This bill increases the frequency of status review hearings for children who are dependents of the court due to abuse or neglect and are in a placement other than the home of a legal guardian. The bill also requires the status review of a child for whom the juvenile court has terminated parental rights and ordered placed for adoption to be conducted by the court, and not a local agency. The court, at the status review hearing, is required to make necessary orders to protect the stability of the child and to facilitate and expedite the permanent placement and adoption of the dependent child. Status: Chapter 355, 1998.

SB 1901 (McPherson) Kinship guardianship. This bill creates a new permanency placement option, called "kinship guardianship", for children who are dependents of the court due to abuse or neglect. The bill requires the court, upon appointing a relative as a dependent child's legal guardian at a permanency placement hearing, to terminate dependency jurisdiction and retain jurisdiction over the minor as a ward of the guardianship. This new mandate to terminate dependency jurisdiction applies only if the child has been placed with the relative for at least 12 months, and if the court does not find exceptional circumstances why termination of dependency jurisdiction is not appropriate. If a kinship guardianship is established, the relative shall be eligible for aid under the Kinship Guardianship Assistance Payment Program. Status: Chapter 1055, 1998.

SB 2017 (Schiff) Restraining and protective orders. This bill gives the juvenile court authority to issue custody, visitation, or restraining orders with respect to a child who is the subject of a juvenile delinquency proceeding due to the child's criminal conduct. The delinquency court is authorized to issue ex parte orders enjoining any parent, guardian, or current or former member of the child's household from molesting, attacking, threatening, sexually assaulting, stalking, or battering the child. The delinquency court may also issue ex parte orders prohibiting the child from contacting, threatening, stalking or disturbing the peace of any person the court finds might be at risk from the child. Status: Chapter 390, 1998.

SB 2091 (Watson) Reunification services. This bill authorizes the juvenile court to terminate parental rights and place a child for adoption, without first providing reunification services, if the parent has willfully abducted the child or the child's sibling or half-sibling from his or her placement, and refused to disclose their whereabouts or to return the child to the placement or the child's social worker. The court is prohibited from ordering reunification services in such cases absent a finding by clear and convincing evidence that reunification services would be in the best interest of the child. Status: Chapter 75, 1998.

AB 200 (Kuehl) Child custody. This bill makes legislative findings that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of a child for purposes of making custody or visitation orders, and that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child. In furtherance of those findings, this bill requires the court, when granting sole or joint custody to a parent alleged to have a history of abuse or to be a habitual or continual user of controlled substances or alcohol, to state its reasons for making the order, and to ensure that any custody or visitation order is specific to the time, day, place, and manner of transfer of the child. Status: Chapter 849, 1997.

AB 260 (Alby) Custody: parent convicted of unlawful killing. This bill prohibits a parent from being granted custody of a child if the parent is convicted in a court of criminal jurisdiction of the unlawful killing of the other parent or found liable in a civil action for the wrongful death of the other parent. This bill also prohibits a parent from being granted custody of a child if the parent is found liable pursuant to a cause of action surviving the death of the parent for an act committed with malice against that parent, and the parent has been convicted of domestic violence against the other parent. Status: Dead, AJUD.

AB 795 (Honda) Child visitation program. This bill authorizes the family law division of a superior court to establish a program that allows a child to participate in a supervised visitation and exchange program. The bill also authorizes the court to approve and contract with supervised visitation providers to provide such program services. The bill further states the intent of the Legislature to provide funding in order that low-income families may receive supervised visitation services and that families would pay for the services based on their ability to pay. Status: Vetoed.

AB 1222 (Wright) Parental rights: rape. This bill provides the mother of a child conceived as a result of rape, for which a conviction was obtained, with the option of moving to terminate the parental rights of the father, or to seek sole custody of the child with the right to obtain child support. If the mother opts to terminate parental rights, the bill provides a conclusive presumption that the man convicted of rape is unfit to have custody or control of the child. If the mother instead opts for a court order granting her sole custody of the child, the bill prohibits the court from granting the individual convicted of rape custody of, or visitation with, the child. Status: Chapter 594, 1997.

AB 1526 (Escutia) Counsel for minors in custody proceedings. This bill clarifies the role of counsel appointed by the court to represent the best interest of the child. Specifically, it clarifies that counsel appointed to represent a child in a custody or visitation proceeding should gather and present to the court facts that bear on the interests of the child, including the child's wishes. The bill allows appointed counsel to disclose the child's wishes if it is appropriate. Status: Chapter 449, 1997.

AB 1645 (Torlakson) Custody and visitation: findings. This bill requires the court to state its findings in writing or on the record when granting custody of, or unsupervised visitation with, a child to a person who is required to register as a sex offender for an offense against a child, or who has been convicted of one of several enumerated offenses against a child. Status: Chapter 131, 1998.

AB 1837 (Alquist) Children's counseling: domestic violence cases. This bill provides that, for purposes of determining whether it is appropriate to order outpatient counseling for parties involved in a custody or visitation dispute, the court shall consider, among other relevant factors, any history of domestic violence within the past five years between the parents and the child and any other party seeking custody or visitation, or any or all of them. Status: Chapter 229, 1998.

AB 1884 (Cedillo) Court interpreters. This bill creates a pilot project requiring the court, in any child custody proceeding, to appoint an interpreter at court expense if the court believes one or both of the parties is unable to participate fully in the proceeding due to a lack of proficiency in the English language, and the party needing the services of the interpreter qualifies for a waiver of court fees and costs, or the court determines that the parties are otherwise financially unable to pay the cost of an interpreter. The pilot project shall last for one year, beginning July 1, 1999, and shall be established in at least two pilot counties, including Los Angeles County. Status: Chapter 981, 1998.

AB 2209 (Honda) Stepparent visitation. This bill imposes additional restrictions on the court's authority to award visitation to a stepparent. The bill authorizes the award of visitation to a stepparent if there is a preexisting relationship between the stepparent and the child that has engendered such a bond that visitation would be in the best interest of the child. The bill provides a rebuttable presumption that visitation is not in the best interest of the child if the child's parent or parents object to visitation with the stepparent. Status: Dead, AJUD.

AB 2386 (Bordonaro) Custody and visitation: parent convicted of murder. This bill prohibits the court from granting custody or visitation to a parent who has been convicted of first degree murder of the other parent unless the court affirmatively finds that there is no risk to the child's health, safety, and welfare. The court may consider the wishes of the child in determining the child's best interest if the child is of sufficient age and capacity to form an intelligent preference. In deciding whether custody or visitation would pose a risk to the child, the court may consider any credible evidence that the parent convicted of murder was a victim of domestic abuse committed at the hands of the deceased parent. Status: Chapter 705, 1998.

AB 2745 (Cardoza) Custody and visitation: parent convicted of murder. This bill prohibits the court from granting custody or visitation to a parent who has been convicted of first degree murder of the other parent unless the court affirmatively finds that there is no risk to the child's health, safety, and welfare. The court may consider the wishes of the child in determining the child's best interest if the child is of sufficient age and capacity to form an intelligent preference. In deciding whether custody or visitation would pose a risk to the child, the court may consider any credible evidence that the parent convicted of murder was a victim of domestic abuse committed at the hands of the deceased parent. Status: Chapter 704, 1998.

SB 1037 (Vasconcellos) De facto parents: visitation. This bill allows a de facto parent, as defined, to petition the court for visitation rights if: the de facto parent had a pre-existing parental relationship with the child, formed with the consent and encouragement of the custodial parent; visitation is in the best interest of the child; and no person, other than the custodial parent and the de facto parent, has received the child into his or her home, and has openly held out the child as his or her own, or is exercising custody or visitation rights pursuant to a court order. Status: Dead, ASM.

SB 1717 (Sher) Uniform Child Custody Jurisdiction and Enforcement Act. This bill repeals the Uniform Child Custody Jurisdiction Act (UCCJA) and replaces it with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The new uniform act provides that a child's "home state" shall continue to exercise continuing, exclusive jurisdiction until the child and all parties leave the state, or the state otherwise declines to exercise jurisdiction. The new uniform act also clarifies that orders established pursuant to a court's emergency jurisdiction may only be for a short duration. The Judicial Council is required, by January 1, 2002, to conduct a study of the effects of implementing the UCCJEA. Status: Vetoed.

AB 239 (Ortiz) Simplified forms and procedures. Existing law required, by January 1, 1997, the use of simplified forms and procedures by the District Attorney when establishing paternity and support orders. This bill enacts urgency legislation that allows the DA to continue, until September 30, 1997, using the procedures and forms in effect on December 31, 1996. Status: Chapter 14, 1997.

AB 400 (Kuehl) Spousal support. This bill clarifies that, with regard to marriages of long duration, the court has the discretion to determine the appropriate length of a spousal support order. The bill additionally revises the mandatory warning provision of existing law, and instead grants the court discretion to advise a recipient of spousal support that he or she should make reasonable efforts to assist in his or her support needs, taking into account the particular circumstances considered by the court in determining the support order. Status: Vetoed.

AB 573 (Kuehl) Child support. This bill expands use of the Franchise Tax Board (FTB) to collect child support, and implements several provisions to bring the state into compliance with federal welfare reform as it pertains to child support collections. The bill permits district attorneys to refer child support obligations that are not delinquent to the FTB for collection. Status: Chapter 599, 1997.

AB 702 (Villaraigosa) Child support. This bill expands the partnership of agencies involved in collecting child support to include financial institutions. The bill requires financial institutions to match their account holders against a list of past due obligors provided by FTB, and to report to FTB on a quarterly basis the name, address, social security number, and other identifying information for each noncustodial parent who maintains an account at the institution and who owes past due support. Status: Chapter 697, 1997

AB 907 (Ortiz) Child support: administrative adjudication. This bill establishes the Division of Child Support Enforcement in the Administrative Adjudications Division of the State Department of Social Services, and provides for the administrative adjudication of child support obligations. The bill also creates procedures for hearings to establish child support and paternity, the enforcement and modification of support obligations so established, and for judicial review of final orders issued by an administrative law judge. Status: Dead, AJUD.

AB 960 (Wright) Child support: retroactivity; nonpayment by employer. This bill requires the court, absent a finding of good cause to the contrary, to make an order modifying or terminating a child support order, which is based on the unemployment of a party, retroactive to either the date of service of a motion or the date of unemployment, whichever is later. The bill also prohibits a support obligor from being held in contempt or subject to criminal prosecution for nonpayment of support when support has been withheld from the obligor's earnings pursuant to an earnings assignment order but not received by the obligee. Status: Chapter 854, 1998.

AB 1395 (Escutia) Child support. This bill expands the use of the Franchise Tax Board (FTB) to help collect the approximately $5 billion of delinquent child support currently owing California's children. The bill requires the District Attorney's child support office to refer delinquent child support cases to the FTB for collection when the payment is 90 days past due and authorizes the DA to refer child support cases to the FTB for collection when the child support payment is 30 or more days delinquent. Status: Chapter 614, 1997.

AB 1630 (Sweeney) Public contracts. This bill requires any state agency that makes a loan or awards a grant to an individual to report the name, address, social security number and employer name of the loan or grant recipient to the Employment Development Department (EDD) for inclusion in the New Employee Registry. The bill also requires every state agency to report to EDD the name and social security number of each contractor who contracts with the state agency, and requires employers who contract with the state to report to EDD the name, business name, and address of independent contractors who will perform work on the state contract. Status: Vetoed.

AB 1666 (Alquist) Child support: state contracts. This bill declares that it is the policy of this state that anyone who benefits financially from or through the state shall be in compliance with his or her court-ordered child support obligations. This bill attempts to accomplish that policy by requiring that every written contract entered into between a contractor and the state contain an acknowledgment that the contractor is fully complying with all earnings assignment orders for support, is reporting all new employees to the state's New Employee Registry, and will make its payroll records available for review for purposes of monitoring and enforcing compliance with support orders. Status: Dead, AJUD. Substantially similar language was amended into AB 1396 (Alquist), Chapter 899, 1998.

AB 1682 (Ortiz) Public contracts. This bill provides greater accountability for payment of child support obligations for certain parties who benefit financially from any county, city, district, or other political subdivision of the state. The bill requires any county, city, district, or other political subdivision of the state that makes a loan or awards a grant to report the name, address, social security number and employer name of the loan or grant recipient to EDD for inclusion in the New Employee Registry. The bill also requires employers who contract with any county, city, district, or political subdivision of the state to report to EDD the name, business name, and address of independent contractors who will perform work on the contract. Status: Vetoed.

AB 1772 (Olberg) License revocation: sporting licenses. This bill extends the State License Match System (SLMS) to apply to any sporting license, including any license issued by the Department of Fish Game (Department) for sportfishing or hunting. The bill requires the Department to determine if an applicant for a license is included on the Department of Social Services (DSS) certified list of delinquent child support obligors before issuing or renewing any recreational license. If the applicant is on the list, the Department shall be prohibited from issuing a license to the applicant, except for a 150-day, non-renewable temporary license, until the Department receives a release from the district attorney authorizing the issuance of the license. Status: Failed, SAPPR.

AB 1900 (Cardenas) UIFSA: address confidentiality. This bill sets forth the required procedure for seeking an ex parte order prohibiting the disclosure of the address or other identifying information of a party or child in an interstate action to establish or enforce child support or to establish paternity. The bill also requires the district attorney to inform the petitioner of the requirement that the pleadings contain identifying information about the petitioner and the child unless an order of nondisclosure is granted, and requires the district attorney to seek an order of nondisclosure on behalf of a party who has previously obtained a protective or restraining order or has been granted a good cause exception from child support cooperation requirements. Status: Chapter 511, 1998.

AB 1961 (Aroner) Child support: fair hearings. This bill provides custodial and noncustodial parents with the right to a state fair hearing to address grievances with the district attorney concerning child support collection. The hearing rights created under this bill are the same rights to a fair hearing afforded to an applicant for or recipient of welfare who has grievances about the county's handling of his or her application or payment of welfare. Status: Vetoed.

AB 2014 (Kuehl) Child support enforcement: independent contractors. This bill requires employers of independent contractors to report specified information to the Employment Development Department (EDD) within 20 days of either the employer's first payment to the independent contractor of more than $600 or entering into a contract for the payment in excess of $600, whichever occurs first. This information is to be included in EDD's New Employee Registry or similar registry for purposes of collection and enforcement of child support obligations. Status: Dead, AJUD.

AB 2037 (Kuehl) Child support: health insurance. This bill makes health insurance more readily available to children by re-defining child support and establishing a health insurance plan for children receiving child support enforcement services from the district attorney. The bill authorizes the Department of Social Services to contract or enter into a memorandum of understanding with one or more private health insurance companies or health maintenance organizations for the purpose of obtaining low-cost private health care coverage for children for whom the district attorney is providing support enforcement services. Status: Dead, AHealth.

AB 2093 (Morrissey) Child support enforcement: administrative process. This bill establishes an administrative process for the adjudication of child support obligations. The bill finds that an administrative process for handling child support cases is less expensive and more efficient than the court process and sets forth procedures for the use of the administrative process to establish paternity and support orders and to enforce or modify support orders. Status: Failed, AJUD.

AB 2094 (Morrissey) Child support enforcement: single statewide system. This bill moves the state's "IV-D Agency" (the agency responsible for the state's child support program) from the Department of Social Services to the Franchise Tax Board (FTB) and places all of the obligations to run the state's child support enforcement program in the hands of the FTB. Status: Failed, AJUD.

AB 2169 (Kuehl) Child support: technical clean-up. This bill makes various technical corrections to statutes relating to the enforcement of child support, as required by federal law. The bill clarifies that in ensuring the confidentiality of support enforcement and abduction files, no case information shall be released about the whereabouts of either a party or child if a protective order has been issued or if the district attorney has reason to believe that the release of the information may result in physical or emotional harm. The bill also makes applicable to labor union hiring halls the requirement that employers report specified information about new employees to the Employment Development Department for inclusion in the New Employee Registry. Status: Chapter 858, 1998.

AB 2343 (Woods) Child support enforcement. This bill makes several changes to the state's child support enforcement program. The bill broadly exempts all counties "that meet or exceed the results of FTB's child support collection program" from the requirement created by AB 1395 (Escutia Chapter 614, 1997), that they refer child support cases to the FTB for collection if the obligor is more than 90 days delinquent. The bill also extends to October 1, 2000, the date upon which the statewide automated child support system must be operational, even though this date is set by federal law. Status: Failed, AJUD.

AB 2498 (Runner) Child support commissioners: evaluation. This bill requires the Judicial Council to evaluate the successes and failures of the child support commissioner system to determine if it is improving the child support enforcement program in California. The Judicial Council is required to submit a report to the Legislature on the results of this evaluation by February 1, 2000. Status: Chapter 249, 1998.

SB 247 (Lockyer) Child support enforcement. This bill is one of a three-bill package expanding the role of the Franchise Tax Board (FTB) in the collection of delinquent child support cases in an attempt to improve child support collections in the state. The bill provides that a District Attorney's child support office that refers child support cases to the FTB for collection shall receive credit for the full amount of the collection and the applicable incentive payment for all collections attributable to the FTB. Status: Chapter 601, 1997.

SB 568 (Sher) Uniform Interstate Family Support Act. This bill repeals the Uniform Reciprocal Enforcement of Support Act (URESA) and enacts the Uniform Interstate Family Support Act (UIFSA), as required by the federal Personal Responsibility and Work Opportunity Reconciliation Act. Among other things, the bill provides that only one state may have continuing exclusive jurisdiction to make orders concerning child and/or spousal support at any one time, and requires employers to comply with an income withholding order for support which is issued in another state, in the same manner as if it had been issued by a court of this state. Status: Chapter 194, 1997.

SB 936 (Burton) Child support. This bill requires the child support enforcement program operated by the District Attorney in each county to report specific, uniform data which may be used to evaluate the county's performance in establishing and collecting child support, and which will be used to calculate the correct performance incentive to be paid to each county. Status: Chapter 926, 1997.

SB 1410 (Burton) Child support: incentive payments. This bill changes the formula for awarding incentives to county child support enforcement programs to improve the state's child support collection record. The bill implements a performance-based child support incentive system which focuses on a county's cost-effectiveness and administrative effort in the operation of the child support program and requires poorer performing counties to accept technical assistance from the Department of Social Services in order to receive any state child support incentives. Status: Chapter 404, 1998.

SB 1508 (Rainey) Child support collection: claims against public entities. This bill requires every public agency, upon determining that a claim is to be paid to any individual, to notify the Franchise Tax Board (FTB) of the proposed payment so that FTB may issue an order to withhold payment from the claim if the claimant is delinquent on his or her child support. The bill prohibits FTB from issuing a withholding order to collect delinquent support if the collection would cause undue financial hardship to the obligated parent, would threaten the health or welfare of the obligated parent or his or her family, would cause irreparable loss to the obligated parent, or would be contrary to the best interest of the obligee or the child. Status: Dead, AJUD.

AB 54 (Murray) Marriage: domestic partners. This bill prohibits the state, its courts and agencies from recognizing any government action in another state respecting or recognizing a relationship between persons of the same gender that is treated as a marriage in that other state. The bill also sets forth legislative findings concerning the state's marriage license laws, noting, among other things, "the strong public policy" of this state to recognize and foster the marital union of only one man and one woman. Status: Dead, ASM.

AB 800 (Margett) Same-gender marriages. This bill would prohibit any court or agency in this state from respecting or recognizing a marital relationship between persons of the same gender which is validly contracted in another state and treated as a marriage in that state. Status: Failed, AJUD.

AB 340 (Alby) Domestic violence protective orders. This bill provides that a restraining order or protective order issued in a criminal case charging domestic violence against a defendant shall have precedence over any outstanding civil court order against the defendant. Status: Chapter 48, 1997.

AB 493 (Brown) Name change. This bill exempts victims of domestic abuse from having their names published when they request a legal name change if the application for a name change is accompanied by an affidavit stating that the name change is requested for the purpose of avoiding domestic violence. Status: Dead, SJUD.

AB 812 (Scott) Domestic violence centers: appropriation of funds. When this bill was heard by the Judiciary Committee, it increased marriage license fees by $10 in order to increase funding for domestic violence prevention. The $10 increase was expected to provide approximately $2.2 million in additional funds for use in domestic violence programs statewide. The bill was subsequently amended to instead appropriate $6,000,000 to be distributed to counties which have established domestic violence centers by January 1, 1998. Status: Dead, SAPPR.

AB 1531 (Shelley) Domestic violence: CLETS. This bill is designed to ensure that criminal court domestic violence protective orders are entered into the statewide, as well as federal domestic violence protective order registries. The bill requires the court or its designee, within one business day of the issuance of specified criminal court protective orders, to enter the terms of the order into the California Law Enforcement Telecommunications System (CLETS) or transmit the order to law enforcement personnel authorized to enter the data into CLETS. Status: Chapter 187, 1998.

AB 1952 (Cedillo) Cohabitants. This bill expands the definition of cohabitants, who are entitled to a restraining order under the Domestic Violence Prevention Act (DVPA), to include roommates and other unrelated persons who share a common dwelling unit without having an intimate relationship. Status: Dead, SJUD.

AB 2177 (Kuehl) Violence Against Women Act. This bill enacts provisions relating to domestic violence protective orders which are required to bring California into compliance with the federal Violence Against Women Act. The bill clarifies that a valid domestic violence protective or restraining order issued by a court of another state, tribe or territory does not need to be registered in the Domestic Violence Protective Order Registry before it may be enforced. The bill also expands the information that is required to be included in the Judicial Council's informational packets regarding obtaining domestic violence orders. Status: Chapter 702, 1998.

AB 2700 (Kuehl) Domestic violence courts. This bill requires the Judicial Council to evaluate the merits and effectiveness of the various domestic violence courts in California and in other states. This evaluation shall be submitted to the Legislature by January 1, 2000 and shall identify issues and potential obstacles, if any, to be considered in developing and implementing effective domestic violence courts at the local level. Status: Chapter 703, 1998.

SB 326 (Leslie) Juveniles: restraining and protective orders. This urgency bill clarifies existing law regarding the authority of the court to allow minors to appear to request or oppose a request for restraining and protective orders. The bill requires the court to permit a minor, under 12 years of age, to appear in court with a guardian ad litem, but without counsel, for the limited purpose of requesting or opposing: (a) an injunction or temporary restraining order prohibiting civil harassment; (b) an injunction or temporary restraining order prohibiting workplace violence; (c) a protective order issued under the Domestic Violence Prevention Act; or (d) a protective order in connection with an action to establish paternity. If the minor is a dependent or ward of the court, the juvenile court shall have jurisdiction to hear such matters, otherwise the matter shall be brought in the appropriate municipal or superior court. Status: Chapter 706, 1998.

SB 489 (Alpert) Domestic violence victims address protection program. This bill creates, until January 1, 2005, an address protection program for specified victims of domestic violence. The bill allows program participants to designate the Secretary of State as agent for service of process, and requires the Secretary of State to forward to the program participant any legal documents received. Program participation does not constitute evidence of domestic violence for purposes of making custody or visitation orders. Status: Chapter 1005, 1998.

SB 564 (Solis) Domestic violence: custody and visitation. This bill authorizes the court, in a Domestic Violence Prevention Act (DVPA) action, to issue a temporary custody or visitation order, on an ex parte basis, to unmarried parents who have legally established a parent-child relationship. If a party has not established a parent-child relationship with the child, the court may award temporary sole legal and physical custody to the party who has established the parent-child relationship, and may make an order of no visitation to the parent who has not established a parent-child relationship. Status: Chapter 396, 1997.

SB 1939 (Alpert) Domestic violence: statute of limitations. This bill extends the statute of limitations for the commencement of an action for recovery of damages suffered as a result of domestic violence. The action must be commenced either within three years from the last act of violence, or within three years after the plaintiff discovers or reasonably should have discovered that the injury or illness resulted from an act of domestic violence by the defendant, whichever is later. Status: Chapter 123, 1998.

AB 356 (Figueroa) Enforcement of protective orders. This bill revises the requirements for service of restraining orders and protective orders, and provides immunity from civil liability for peace officers detaining or arresting a person, in good faith, in the enforcement of these orders. The bill also specifies the order of priority for enforcement of multiple protective and restraining orders. Status: Chapter 347, 1997.

AB 435 (Ducheny) Encumbering community property. This bill permits a party to encumber his or her interest in the community real property, after giving notice to the other party, to secure a loan for any purpose after the dissolution proceeding has commenced but prior to the final disposition of the community estate. The party making the encumbrance shall be solely liable for that debt, regardless of the final disposition of the community estate, except to the extent that the debt is incurred for necessities of life. Status: Dead, ASM.

AB 913 (Runner) Divorce statistics. This bill requires the clerk of the superior court of each county to report to the Judicial Council, on an annual basis, the number of judgments for dissolution of marriage, legal separation and nullity entered in that county. The Judicial Council is required to report these statistics annually as a part of their annual report on court statistics. Status: Chapter 225, 1998.

AB 1098 (Ortiz) Dissolution of marriage: bifurcation of proceedings. Before a court may sever a marital dissolution proceeding and grant an early and separate trial on the status of the marriage, this bill provides that, in addition to existing requirements, the petitioner must serve a preliminary declaration of disclosure and a completed schedule of assets and debts on the respondent, concurrently with any request for an early and separate trial to terminate the status of the marriage, unless the parties defer filing until a later time. The bill also provides that any obligation imposed pursuant to court order shall be enforceable after a party to the dissolution dies. Status: Chapter 56, 1997.

AB 1794 (Runner) Division of community property: domestic violence cases. This bill alters California's no-fault divorce laws by bringing the concept of "fault" back into the community property division and distribution process. The bill authorizes the court, in a proceeding for dissolution of marriage or legal separation, to deviate from the traditional 50-50 scheme for division of community property and award an additional amount of property to compensate a spouse who has been the victim of domestic violence at the hands of the other spouse. Status: Failed, AJUD.

AB 1890 (Kuehl). Children's name change. This bill requires the court, upon request of a party to a marital dissolution or nullity, to hyphenate the child's last name to include the party's name if: 1) there is no court order concerning custody; 2) the requesting party has a court order for sole physical custody of the child; or 3) the requesting party has a court order for joint physical custody and has actual physical custody of the child 50 percent of the time or more. Status: Failed, AJUD.

AB 2207 (Escutia) Family law information centers. This bill creates a pilot project to establish family law information centers (FLICs) in the superior court of three counties to provide needed factual information to family court litigants. The FLICs provide low-income litigants with a "roadmap" to better enable them to maneuver through the increasingly complicated family court system. Status: Chapter 721, 1998.

AB 2801 (Committee on Judiciary) Family law/probate omnibus bill. This bill makes various non-controversial changes to the Family Code, the Code of Civil Procedure, and the Probate Code relating to family and probate law. The bill, among other things: conforms the service requirements and procedures for civil harassment orders and workplace harassment orders to restraining orders issued under the Domestic Violence Prevention Act; and makes noncontroversial changes to the waivability of declarations of disclosure in dissolution proceedings. Status: Chapter 581, 1998.