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Jan. 3, 2024

FAMILY AND PROBATE

• AB 288, Maienschein. RevoCable transfer on death deeds. This bill allows an interest in a stock cooperative to be transferred under the statutes governing revoCable transfer on death deeds (RTODD) and makes various conforming changes, as recommended by the California Law Revision Commission (Commission). An act to amend Sections 5610, 5614, 5642, 5652, and 5660 of, and to add Section 5614.5 to, the Probate Code, relating to revoCable transfer on death deeds.

• AB 665, Wendy Carrillo. Minors: consent to mental health services. Aligns provisions of state law so that minors who are covered by Medi-Cal will have the same right to consent to mental health services as minors who do not rely upon Medi-Cal. An act to amend, repeal, and add Section 6924 of the Family Code, relating to minors.

• AB 816, Haney. Minors: consent to medical care. Creates an exception that allows a minor who is at least 16 years of age or older to consent to narcotic replacement therapy as part of their substance abuse treatment plan. An act to amend Section 6929 of, and to add Section 6929.1 to, the Family Code, relating to minors.

• AB 818, Petrie-Norris. Protective orders. Expands the requirement for law enforcement officers to serve domestic violence orders upon request of a petitioner in order to more efficiently help victims of domestic violence. An act to amend Section 6383 of the Family Code, relating to protective orders.

• AB 1029, Pellerin. Advance health care directive form. Makes a number of helpful clarifications in the law related to mental health care decisions, specifically decisions that can be made by a third party on behalf of another individual. An act to amend Sections 4617 and 4701 of, and to add Section 4679 to, the Probate Code, relating to health care decisions.

• AB 1148, Bonta. Child support suspension. Extends the time for a non-custodial parent to resume child support payments after incarceration. An act to amend Section 4007.5 of the Family Code, relating to child support.

• AB 1179, Pacheco. Family law: attorney's fees. This bill clarifies that, in a family law case, an award of attorney fees as a sanction may be imposed after a party or the court has provided notice to the party against whom the sanction is proposed and that party is given an opportunity to be heard at a hearing. An act to amend Section 271 of the Family Code, relating to family law.

• AB 1650, Jim Patterson. Family law proceedings: custody, parentage, and adoption. Makes various changes to the Family Code and Code of Civil Procedure relating to immigrant juvenile status, agreements on artificial embryos, and the filing of post-adoption agreements. An act to amend, repeal, and add Section 155 of the Code of Civil Procedure, and to amend Sections 7551, 7573.5, 7613, 8616.5, 8714, 8802, 8912, and 9000 of the Family Code, relating to family law.

• SB 280, Laird. Review of conservatorships: care plans. This bill requires probate conservators to submit to the court, at specified points, comprehensive care plans for the care of conservatees and the management of their estates. An act to amend Section 2352.5 of, and to add Section 2351.2 to, the Probate Code, relating to conservatorships.

• SB 290, Min. Domestic violence documentation: victim access. This bill requires a state or local law enforcement agency to provide certain photographs and 911 call recordings to a crime victim upon request and extends the time period in which a victim of sexual assault, stalking, human trafficking, and elder or dependent abuse may request records, from two years to five years. An act to amend Section 6228 of the Family Code, relating to domestic violence.

• SB 331, Rubio. Child custody: child abuse and safety. This bill prohibits a court from ordering certain methods of outpatient counseling in child custody and visitation proceedings and modifies training and reporting requirements for judicial personnel on issues of domestic violence and child abuse. An act to add Section 3193 to the Family Code, and to amend Section 68555 of, and to add Section 68555.5 to, the Government Code, relating to child custody.

• SB 343, Skinner. Child support. This bill modifies the statewide uniform child support guideline and low-income adjustment, modifies certain related provisions relating to childcare costs and other aspects of calculating support, and makes changes to the procedures for court-ordered child support to bring California's laws into conformity with federal requirements. An act to amend, repeal, and add Sections 4055, 4057, 4058, 4061, 4062, 4063, 17400, 17404.1, 17430, and 17432 of, to add Sections 3635 and 17432.5 to, and to repeal Chapter 5 (commencing with Section 3620) of Part 1 of Division 9 of, the Family Code, relating to child support.

• SB 457, Menjivar. Vision care: consent by a minor. Permits certain minors to consent to vision care, as specified. Major Provisions: 1) Authorizes a minor 15 years of age or older to consent to vision care, as defined, if the minor is living separate and apart from the minor's parents or guardian and the minor is managing their own financial affairs, as specified. 2) Permits an optometrist, with or without the consent of the minor patient, to advise the minor's parent or guardian of the treatment given or needed if the optometrist has reason to know, on the basis of the information given by the minor, the whereabouts of the parent or guardian. 3) Defines "vision care" to mean the diagnosis, prevention, treatment, and management of disorders, diseases, and dysfunctions of the visual system and the provision of habilitative or rehabilitative optometric services by a licensed optometrist. An act to amend Section 6922 of, and to add Section 6904 to, the Family Code, relating to minors.

• SB 459, Rubio. Domestic violence: restraining orders. This bill requires the Judicial Council of California, by January 1, 2025, to create one or more specific forms for the modification of an existing restraining order issued under the Domestic Violence Prevention Act (DVPA). An act to amend Section 6345 of the Family Code, relating to domestic violence.

• SB 522, Niello. Uniform Fiduciary Income and Principal Act. Repeals the existing Uniform Principal and Income Act and recasts and updatesthose provisions under a new name, the Uniform Fiduciary Income and Principal Act (UFIPA). An act to repeal and add Chapter 3 (commencing with Section 16320) of Part 4 of Division 9 of the Probate Code, relating to trusts and estates.

• SB 599, Caballero. Visitation rights. This bill clarifies and strengthens provisions requiring a family court to take into account a parent's acts of domestic violence or child abuse or the issuance of a protective order against a parent when making orders for custody or visitation, as well as provisions requiring the court to take into account the fact that a party is staying in a domestic violence shelter or other confidential location when issuing orders for the time, day, place, and manner of visitation or transfer of a child. An act to amend Sections 3011, 3100, and 3200 of the Family Code, relating to child custody.

• SB 741, Min. Domestic violence restraining orders: prehearing discovery. This bill requires a party seeking prehearing discovery from another party in a proceeding for a protective order under the Domestic Violence Prevention Act (DVPA) to obtain court approval before seeking the discovery, as specified. An act to add Section 6309 to the Family Code, relating to domestic violence.

• SB 801, Allen. California Uniform Directed Trust Act. This bill enacts the California Uniform Directed Trust Act to establish a statutory framework for directed trusts. An act to amend Sections 300 and 1304 of, and to add Chapter 6 (commencing with Section 16600) to Part 4 of Division 9 of, the Probate Code, relating to trusts.

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