As part of CJE’s ongoing committment to protecting children, and the rights of children while in the courts, we have identified an alarming number of critical gaps in how the California Family Courts deal with child custody disputes, allegations of physical and sexual child abuse, and domestic violence. In light of the seriousness of these issues, it is CJE’s opinion that an audit and evaluation of the California Family Courts by the California State Auditor is warranted.

In 2008 CJE worked closely with the office of Assembly Speaker Pro Tem Sally Lieber to develop a letter to the Joint Legislative Audit Committee (JLAC) requesting an audit of the California Family Courts with respect to child custody disputes. In June 2008, Assemblywoman Lieber submitted the letter to the Joint Legislative Audit Committee. Unfortunately, due to the absence of the committee’s chair, the JLAC failed to meet after the request was submitted. Assemblywoman Lieber, who has been a remarkable champion for children in the California legislature, and a great friend to CJE, was termed out of office in 2008 and is unable to re-introduce the audit request during the 2009 legislative session.

Senator Mark Leno has agreed to pick up the mantle and become the lead sponsor for the audit request this year. CJE applauds Senator Leno’s commitment to open, accountable government and we look forward to supporting his efforts. Click here to read a February 18th column from the Marin Independent Journal announcing Senator Leno’s decision to sponsor the audit proposal.

This audit will help identify any existing inconsistencies in the application of domestic violence, child custody, and child abuse laws and processes within the state, and will bring clarity to issues the Legislature should address for the protection of parents and children of the state of California. The next step in this process will be a public hearing on May 13, 2009 at which the Joint Legislative Audit Committee will discuss and act upon the audit request.

2009 Leglislative Priorities

AB 612 (Child Custody – Non-Scientific Theories) has been introduced by San Jose Assemblyman Jim Beall Jr. and would prohibit a court from considering a nonscientific theory (such as Parental Alienation Syndrome) in making a determination regarding child custody or visitation with a child. AB 612 would also prohibit a court from considering or receiving into evidence a report, assessment, evaluation, or investigation prepared pursuant to the provisions described above if it includes a nonscientific theory.