As used in this chapter, “court-appointed investigator” means a probation officer, domestic relations investigator, or court-appointed evaluator directed by the court to conduct an investigation pursuant to this chapter.
Right to Custody of Minor ChildCustody Investigation and Report
Section § 3110
In this context, a 'court-appointed investigator' is someone like a probation officer, domestic relations investigator, or court-appointed evaluator who is assigned by the court to carry out an investigation as outlined in this chapter.
court-appointed investigator probation officer domestic relations investigator
Section § 3110.5
This section outlines the qualifications needed to be a child custody evaluator in California. Evaluators must complete training in domestic violence and child abuse, follow specific court rules, and declare under oath that they meet all educational and experiential requirements. By January 1, 2004, additional training in handling child sexual abuse cases is mandatory. Evaluators must be licensed professionals, such as psychologists, social workers, or similar, unless no qualified evaluator is available. If unlicensed, court approval is necessary. Evaluators can face disciplinary actions for unprofessional behavior. As of 2005, child sexual abuse training is compulsory before evaluating custody cases.
(a)CA Family Law Code § 3110.5(a) A person may be a court-connected or private child custody evaluator under this chapter only if the person has completed the domestic violence and child abuse training program described in Section 1816 and has complied with Rules 5.220 and 5.230 of the California Rules of Court.
(b)Copy CA Family Law Code § 3110.5(b)
(1)Copy CA Family Law Code § 3110.5(b)(1) On or before January 1, 2002, the Judicial Council shall formulate a statewide rule of court that establishes education, experience, and training requirements for all child custody evaluators appointed pursuant to this chapter, Section 730 of the Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure.
(A)CA Family Law Code § 3110.5(b)(1)(A) The rule shall require a child custody evaluator to declare under penalty of perjury that the evaluator meets all of the education, experience, and training requirements specified in the rule and, if applicable, possesses a license in good standing. The Judicial Council shall establish forms to implement this section. The rule shall permit court-connected evaluators to conduct evaluations if they meet all of the qualifications established by the Judicial Council. The education, experience, and training requirements to be specified for court-connected evaluators shall include, but not be limited to, knowledge of the psychological and developmental needs of children and parent and child relationships.
(B)CA Family Law Code § 3110.5(b)(1)(B) The rule shall require all evaluators to utilize comparable interview,
assessment, and testing procedures for all parties that are consistent with generally accepted clinical, forensic, scientific, diagnostic, or medical standards. The rule shall also require evaluators to inform each adult party of the purpose, nature, and method of the evaluation.
(C)CA Family Law Code § 3110.5(b)(1)(C) The rule may allow courts to permit the parties to stipulate to an evaluator of their choosing with the approval of the court under the circumstances set forth in subdivision (d). The rule may require courts to provide general information about how parties can contact qualified child custody evaluators in their county.
(2)CA Family Law Code § 3110.5(b)(2) On or before January 1, 2004, the Judicial Council shall include in the statewide rule of court created pursuant to this section a requirement that all court-connected and private child custody
evaluators receive training in the nature of child sexual abuse. The Judicial Council shall develop standards for this training that shall include, but not be limited to, the following:
(A)CA Family Law Code § 3110.5(b)(2)(A) Children’s patterns of hiding and disclosing sexual abuse occurring in a family setting.
(B)CA Family Law Code § 3110.5(b)(2)(B) The effects of sexual abuse on children.
(C)CA Family Law Code § 3110.5(b)(2)(C) The nature and extent of child sexual abuse.
(D)CA Family Law Code § 3110.5(b)(2)(D) The social and family dynamics of child sexual abuse.
(E)CA Family Law Code § 3110.5(b)(2)(E) Techniques for identifying and assisting families affected by child sexual abuse.
(F)CA Family Law Code § 3110.5(b)(2)(F) Legal rights, protections, and
remedies available to victims of child sexual abuse.
(c)CA Family Law Code § 3110.5(c) In addition to the education, experience, and training requirements established by the Judicial Council pursuant to subdivision (b), on or after January 1, 2005, a person may be a child custody evaluator under this chapter, Section 730 of the
Evidence Code, or Chapter 15 (commencing with Section 2032.010) of Title 4 of Part 4 of the Code of Civil Procedure only if the person meets one of the following criteria:
(1)CA Family Law Code § 3110.5(c)(1) The person is licensed as a physician under Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code and either is a board certified psychiatrist or has completed a residency in psychiatry.
(2)CA Family Law Code § 3110.5(c)(2) The person is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code.
(3)CA Family Law Code § 3110.5(c)(3) The person is licensed as a marriage and family therapist under Chapter 13 (commencing with Section 4980) of Division 2 of the Business and Professions
Code.
(4)CA Family Law Code § 3110.5(c)(4) The person is licensed as a clinical social worker under Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code.
(5)CA Family Law Code § 3110.5(c)(5) The person is licensed as a professional clinical counselor under Chapter 16 (commencing with Section 4999.10) of Division 2 of the Business and Professions
Code.
(6)CA Family Law Code § 3110.5(c)(6) The person is a court-connected evaluator who has been certified by the court as meeting all of the qualifications for court-connected evaluators as specified by the Judicial Council pursuant to subdivision (b).
(d)CA Family Law Code § 3110.5(d) Subdivision (c) does not apply in a case in which the court determines that there are no evaluators who meet the criteria of subdivision (c) who are willing and available, within a reasonable period of time, to perform child custody evaluations. In those cases, the parties may stipulate to an individual who does not meet the criteria of subdivision (c), subject to approval by the court.
(e)CA Family Law Code § 3110.5(e) A child custody evaluator who is licensed by the Medical Board of California, the Board of
Psychology, or the Board of Behavioral Sciences shall be subject to disciplinary action by that board for unprofessional conduct, as defined in the licensing law applicable to that licensee.
(f)CA Family Law Code § 3110.5(f) On or after January 1, 2005, a court-connected or private child custody evaluator may not evaluate, investigate, or mediate an issue of child custody in a proceeding pursuant to this division unless that person has completed child sexual abuse training as required by this section.
child custody evaluator domestic violence training child abuse training
Section § 3111
This law explains that in child custody disputes, the court can appoint an evaluator to look into what's best for the child. The evaluator writes a report, which must follow specific standards and is given to the court and involved parties before a custody hearing. The report is confidential and cannot be shared except in certain ways. If someone wrongly shares the report, they might have to pay a penalty, including legal fees. The Judicial Council must provide a form with the report explaining the rules and penalties for improper sharing. Reckless or malicious sharing that isn't in the child's best interest is considered unwarranted.
(a)CA Family Law Code § 3111(a) In a contested proceeding involving child custody or visitation rights, the court may appoint a child custody evaluator to conduct a child custody evaluation in cases where the court determines it is in the best interest of the child. The child custody evaluation shall be conducted in accordance with the standards adopted by the Judicial Council pursuant to Section 3117, and all other standards adopted by the Judicial Council regarding child custody evaluations. If directed by the court, the court-appointed child custody evaluator shall file a written confidential report on the evaluation. At least 10 days before a hearing regarding custody of the child, the report shall be filed with the clerk of the court in which the custody hearing will
be conducted and served on the parties or their attorneys, and any other counsel appointed for the child pursuant to Section 3150. A child custody evaluation, investigation, or assessment, and a resulting report, may be considered by the court only if it is conducted in accordance with the requirements set forth in the standards adopted by the Judicial Council pursuant to Section 3117; however, this does not preclude the consideration of a child custody evaluation report that contains nonsubstantive or inconsequential errors or both.
(b)CA Family Law Code § 3111(b) The report shall not be made available other than as provided in subdivision (a) or Section 3025.5, or as described in Section 204 of the Welfare and Institutions Code or Section 1514.5 of the Probate Code. Any information obtained from access to a juvenile court case file, as defined in subdivision (e) of
Section 827 of the Welfare and Institutions Code, is confidential and shall only be disseminated as provided by paragraph (4) of subdivision (a) of Section 827 of the Welfare and Institutions Code.
(c)CA Family Law Code § 3111(c) 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.
(d)CA Family Law Code § 3111(d) If the court determines that an unwarranted disclosure of a written confidential report has been made, the court may impose a monetary sanction against the disclosing party. The sanction shall be in an amount sufficient to deter repetition of the conduct, and may include reasonable attorney’s fees, costs incurred, or both, unless the court finds that the disclosing party acted with substantial justification or that other
circumstances make the imposition of the sanction unjust. The court shall not impose a sanction pursuant to this subdivision that imposes an unreasonable financial burden on the party against whom the sanction is imposed.
(e)CA Family Law Code § 3111(e) The Judicial Council shall, by January 1, 2010, do the following:
(1)CA Family Law Code § 3111(e)(1) Adopt a form to be served with every child custody
evaluation report that informs the report recipient of the confidentiality of the report and the potential consequences for the unwarranted disclosure of the report.
(2)CA Family Law Code § 3111(e)(2) Adopt a rule of court to require that, when a court-ordered child custody evaluation report is served on the parties, the form specified in paragraph (1) shall be included with the report.
(f)CA Family Law Code § 3111(f) For purposes of this section, a disclosure is unwarranted if it is done either recklessly or maliciously, and is not in the best interest of the child.
child custody evaluator best interest of the child confidential report
Section § 3112
This law section allows a court to require parents or guardians to pay for court-appointed custody investigations if they can afford it. The court assesses their financial situation before deciding if they should cover the costs of evaluating custody or visitation arrangements. The payments are made to the court, which keeps track of all expenses and repayments as instructed by the Judicial Council.
(a)CA Family Law Code § 3112(a) Where a court-appointed investigator is directed by the court to conduct a custody investigation or evaluation pursuant to this chapter or to undertake visitation work, including necessary evaluation, supervision, and reporting, the court shall inquire into the financial condition of the parent, guardian, or other person charged with the support of the minor. If the court finds the parent, guardian, or other person able to pay all or part of the expense of the investigation, report, and recommendation, the court may make an order requiring the parent, guardian, or other person to repay the court the amount the court determines proper.
(b)CA Family Law Code § 3112(b) The repayment shall be made to the court. The court shall keep suitable accounts of the expenses and repayments and shall deposit the collections as directed by the Judicial Council.
custody investigation court-appointed investigator financial assessment
Section § 3113
If there's been domestic violence or a protective order is active between two people, they can ask to meet with a court investigator at different times and separately. This request should come from the person who claims domestic violence or who is protected by the order, and it needs to be in writing and sworn to be true.
Where there has been a history of domestic violence between the parties, or where a protective order as defined in Section 6218 is in effect, at the request of the party alleging domestic violence in a written declaration under penalty of perjury or at the request of a party who is protected by the order, the parties shall meet with the court-appointed investigator separately and at separate times.
domestic violence history protective order court investigator
Section § 3114
This law states that a court-appointed investigator can suggest that a lawyer be assigned to represent a child in legal matters. The investigator must explain to the court why having a lawyer is beneficial for the child.
Nothing in this chapter prohibits a court-appointed investigator from recommending to the court that counsel be appointed pursuant to Chapter 10 (commencing with Section 3150) to represent the minor child. In making that recommendation, the court-appointed investigator shall inform the court of the reasons why it would be in the best interest of the child to have counsel appointed.
court-appointed investigator recommendation child representation
Section § 3115
In simple terms, this law says that you don't lose your right to question the court investigator's report just because of something you said or did, unless it happened after you or your lawyer got the report.
A statement, whether written or oral, or conduct shall not be held to constitute a waiver by a party of the right to cross-examine the court-appointed investigator, unless the statement is made, or the conduct occurs, after the report has been received by a party or the party’s attorney.
waiver cross-examine court-appointed investigator
Section § 3116
This law says that if a court appoints an investigator, that investigator still has to help the court do its work, no matter what else is in this chapter.
Nothing in this chapter limits the duty of a court-appointed investigator to assist the appointing court in the transaction of the business of the court.
court-appointed investigator duties court assistance
Section § 3117
This law requires the Judicial Council to establish rules for evaluations and investigations in child custody cases. By 1999, they had to set standards for both comprehensive and partial assessments related to child custody. Additionally, they needed to create guidelines to make it easier and cheaper to question court-appointed investigators, which can include using technology so these investigators don't have to be in the courtroom. However, these guidelines should ensure the right to cross-examine investigators and inform parties about this right after they've reviewed the investigator's report.
The Judicial Council shall, by January 1, 1999, do both of the following:
(a)CA Family Law Code § 3117(a) Adopt standards for full and partial court-connected evaluations, investigations, and assessments related to child custody.
(b)CA Family Law Code § 3117(b) Adopt procedural guidelines for the expeditious and cost-effective cross-examination of court-appointed investigators, including, but not limited to, the use of electronic technology whereby the court-appointed investigator may not need to be present in the courtroom. These guidelines shall in no way limit the requirement that the court-appointed investigator be available for the purposes of cross-examination. These guidelines shall also provide for written notification to the parties of the right to cross-examine these investigators after the parties have had a reasonable time to review the investigator’s report.
child custody evaluations court-connected investigations cross-examination procedures
Section § 3118
This law is about what happens in California when a child custody case involves serious allegations of child sexual abuse. If the court believes there's a serious claim, they will order a detailed investigation or assessment. The person conducting the investigation, like a child custody evaluator, must follow specific guidelines, which include consulting with child welfare and law enforcement, reviewing records, and possibly interviewing the child. The investigation aims to ensure the child’s safety and make suitable custody or visitation decisions. There are exceptions, like for emergency situations requiring immediate decisions. Any findings must be reported confidentially to the court before custody decisions are made. If during the process, a more serious juvenile case begins concerning the child’s welfare, the custody investigation pauses. Overall, this process aims to protect children while gathering all necessary information to guide the court’s decisions.
(a)CA Family Law Code § 3118(a) In any contested proceeding involving child custody or visitation rights, where the court has appointed a child custody evaluator or has referred a case for a full or partial court-connected evaluation, investigation, or assessment, and the court determines that there is a serious allegation of child sexual abuse, the court shall require an evaluation, investigation, or assessment pursuant to this section. When the court has determined that there is a serious allegation of child sexual abuse, any child custody evaluation, investigation, or assessment conducted subsequent to that determination shall be considered by the court only if the evaluation, investigation, or assessment is conducted in accordance with the minimum requirements set forth in this section in determining custody or visitation rights, except as specified in
paragraph (1). For purposes of this section, a serious allegation of child sexual abuse means an allegation of child sexual abuse, as defined in Section 11165.1 of the Penal Code, that is based in whole or in part on statements made by the child to law enforcement, a child welfare services agency investigator, any person required by statute to report suspected child abuse, or any other court-appointed personnel, or that is supported by substantial independent corroboration as provided for in subparagraph (B) of paragraph (2) of subdivision (a) of Section 3011. When an allegation of child abuse arises in any other circumstances in any proceeding involving child custody or visitation rights, the court may
require an evaluator or investigator to conduct an evaluation, investigation, or assessment pursuant to this section. The order appointing a child custody evaluator or investigator pursuant to this section shall provide that the evaluator or investigator have access to all juvenile court records pertaining to the child who is the subject of the evaluation, investigation, or assessment. The order shall also provide that any juvenile court records or information gained from those records remain confidential and shall only be released as specified in Section 3111.
(1)CA Family Law Code § 3118(a)(1) This section does not apply to any emergency court-ordered partial investigation that is conducted for the purpose of assisting the court in determining what immediate temporary orders may be necessary to protect and meet the immediate needs of a child. This section does apply when the emergency is resolved and the court is considering permanent child custody or visitation
orders.
(2)CA Family Law Code § 3118(a)(2) This section does not prohibit a court from considering evidence relevant to determining the safety and protection needs of the child.
(3)CA Family Law Code § 3118(a)(3) Any evaluation, investigation, or assessment conducted pursuant to this section shall be conducted by an evaluator or investigator who meets the qualifications set forth in Section 3110.5.
(b)CA Family Law Code § 3118(b) The evaluator or investigator shall, at a minimum, do all of the following:
(1)CA Family Law Code § 3118(b)(1) Consult with the agency providing child welfare services and law enforcement regarding the allegations of child sexual abuse, and obtain recommendations from these professionals regarding the child’s safety and the child’s need for protection.
(2)CA Family Law Code § 3118(b)(2) Review and summarize the
child welfare services agency file. No document contained in the child welfare services agency file may be photocopied, but a summary of the information in the file, including statements made by the children and the parents, and the recommendations made or anticipated to be made by the child welfare services agency to the juvenile court, may be recorded by the evaluator or investigator, except for the identity of the reporting party. The evaluator’s or investigator’s notes summarizing the child welfare services agency information shall be stored in a file separate from the evaluator’s or investigator’s file and may only be released to either party under order of the court.
(3)CA Family Law Code § 3118(b)(3) Obtain from a law enforcement investigator all available information obtained from criminal background checks of the parents and any suspected perpetrator that is not a parent, including information regarding child abuse, domestic violence, or substance abuse.
(4)CA Family Law Code § 3118(b)(4) Review the results of a multidisciplinary child interview team (hereafter MDIT) interview if available, or if not, or if the evaluator or investigator believes the MDIT interview is inadequate for purposes of the evaluation, investigation, or assessment, interview the child or request an MDIT interview, and shall wherever possible avoid repeated interviews of the child.
(5)CA Family Law Code § 3118(b)(5) Request a forensic medical examination of the child from the appropriate agency, or include in the report required by paragraph (6) a written statement explaining why the examination is not needed.
(6)CA Family Law Code § 3118(b)(6) File a confidential written report with the clerk of the court in which the custody hearing will be conducted and which shall be served on the parties or their attorneys at least 10 days prior to the hearing. On and after January 1, 2021, this
report shall be made on the form adopted pursuant to subdivision (i). This report may not be made available other than as provided in this subdivision. This report shall address the safety of the child and shall include, but not be limited to, the following:
(A)CA Family Law Code § 3118(b)(6)(A) Documentation of material interviews, including any MDIT interview of the child or the evaluator or investigator, written documentation of interviews with both parents by the evaluator or investigator, and interviews with other witnesses who provided relevant information.
(B)CA Family Law Code § 3118(b)(6)(B) A summary of any law enforcement investigator’s investigation, including information obtained from the criminal background check of the parents and any suspected perpetrator that is not a parent, including information regarding child abuse, domestic violence, or substance abuse.
(C)CA Family Law Code § 3118(b)(6)(C) Relevant background material, including, but not limited to, a summary of a written report from any therapist treating the child for suspected child sexual abuse, excluding any communication subject to Section 1014 of the Evidence Code, reports from other professionals, and the results of any forensic medical examination and any other medical examination or treatment that could help establish or disprove whether the child has been the victim of sexual abuse.
(D)CA Family Law Code § 3118(b)(6)(D) The written recommendations of the evaluator or investigator regarding the therapeutic needs of the child and how to ensure the safety of the child.
(E)CA Family Law Code § 3118(b)(6)(E) A summary of the following information: whether the child and the child’s parents are or have been the subject of a child abuse investigation and the disposition of that investigation; the name, location, and telephone number of the children’s services
worker; the status of the investigation and the recommendations made or anticipated to be made regarding the child’s safety; and any dependency court orders or findings that might have a bearing on the custody dispute.
(F)CA Family Law Code § 3118(b)(6)(F) Any information regarding the presence of domestic violence or substance abuse in the family that has been obtained from a child protective agency in accordance with paragraphs (1) and (2), a law enforcement agency, medical personnel or records, prior or currently treating therapists, excluding any communication subject to Section 1014 of the Evidence Code, or from interviews conducted or reviewed for this evaluation, investigation, or assessment.
(G)CA Family Law Code § 3118(b)(6)(G) Which, if any, family members are known to have been deemed eligible for assistance from the Victims of Crime Program due to child abuse or domestic violence.
(H)CA Family Law Code § 3118(b)(6)(H) Any other information the evaluator or investigator believes would be helpful to the court in determining what is in the best interests of the child.
(c)CA Family Law Code § 3118(c) If the evaluator or investigator obtains information as part of a family court mediation, that information shall be maintained in the family court file, which is not subject to subpoena by either party. If, however, the members of the family are the subject of an ongoing child welfare services investigation, or the evaluator or investigator has made a child welfare services referral, the evaluator or investigator shall so inform the family law judicial officer in writing and this information shall become part of the family law file. This subdivision may not be construed to authorize or require a mediator to disclose any information not otherwise authorized or required by law to be disclosed.
(d)CA Family Law Code § 3118(d) In accordance
with subdivision (d) of Section 11167 of the Penal Code, the evaluator or investigator may not disclose any information regarding the identity of any person making a report of suspected child abuse. This section is not intended to limit any disclosure of information by any agency that is otherwise required by law or court order.
(e)CA Family Law Code § 3118(e) The evaluation, investigation, or assessment standards set forth in this section represent minimum requirements of evaluation and the court shall order further evaluation beyond these minimum requirements when necessary to determine the safety needs of the child.
(f)CA Family Law Code § 3118(f) If the court orders an evaluation, investigation, or assessment pursuant to this section, the court shall consider whether the best interests of the child require that a temporary order be issued that limits visitation with the parent against whom the allegations have been made to situations in which a third person specified by the court is present or whether visitation will be suspended or denied in accordance with Section 3011.
(g)CA Family Law Code § 3118(g) An evaluation, investigation, or assessment pursuant to this section shall be suspended if a petition is filed to declare the child a dependent child of the juvenile court pursuant to Section 300 of the Welfare and Institutions Code, and all information gathered by the evaluator or investigator shall be made available to the juvenile court.
(h)CA Family Law Code § 3118(h) This section
shall not be construed to authorize a court to issue any orders in a proceeding pursuant to this division regarding custody or visitation with respect to a minor child who is the subject of a dependency hearing in juvenile court or to otherwise supersede Section 302 of the Welfare and Institutions Code.
(i)CA Family Law Code § 3118(i) On or before January 1, 2021, the Judicial Council shall adopt a mandatory form that shall be used for all evaluations, investigations, or assessments conducted pursuant to this section. The form shall provide a standardized template for all information necessary to provide a full and complete analysis of the allegations raised in the proceeding.
child custody evaluation child sexual abuse allegations juvenile court records
