Section § 1810

Explanation

This law says that every superior court has the authority to handle family-related cases under this section. When doing so, the court is referred to as the 'family conciliation court'.

Each superior court shall exercise the jurisdiction conferred by this part. While sitting in the exercise of this jurisdiction, the court shall be known and referred to as the “family conciliation court.”

Section § 1811

Explanation

This law requires that every January, the head judge of the superior court must choose at least one judge to handle all cases related to this part of the law.

The presiding judge of the superior court shall annually, in the month of January, designate at least one judge to hear all cases under this part.

Section § 1812

Explanation

This law section allows a judge from the family conciliation court to transfer a case to a different judge in the superior court if it helps move cases more quickly or needs fast attention. When a case is transferred like this, the new judge will take on the role of the family conciliation judge for that specific matter.

(a)CA Family Law Code § 1812(a) The judge of the family conciliation court may transfer any case before the family conciliation court pursuant to this part to the department of the presiding judge of the superior court for assignment for trial or other proceedings by another judge of the court, whenever in the opinion of the judge of the family conciliation court the transfer is necessary to expedite the business of the family conciliation court or to ensure the prompt consideration of the case.
(b)CA Family Law Code § 1812(b) When a case is transferred pursuant to subdivision (a), the judge to whom it is transferred shall act as the judge of the family conciliation court in the matter.

Section § 1813

Explanation

If the judge who normally handles family conciliation cases is unavailable for any reason, another judge from the same court can be appointed to cover their duties during that time. The substitute judge will have the same authority as the usual family conciliation judge.

(a)CA Family Law Code § 1813(a) The presiding judge of the superior court may appoint a judge of the superior court other than the judge of the family conciliation court to act as judge of the family conciliation court during any period when the judge of the family conciliation court is on vacation, absent, or for any reason unable to perform the duties as judge of the family conciliation court.
(b)CA Family Law Code § 1813(b) The judge appointed under subdivision (a) has all of the powers and authority of a judge of the family conciliation court in cases under this part.

Section § 1814

Explanation

In counties with a family conciliation court, the superior court can appoint a supervising counselor and a secretary to help with court functions. When courts work together under a contract, they can jointly make these appointments. The supervising counselor can hold meetings and hearings with involved parties, make recommendations, supervise actions, collect data, investigate family issues, make recommendations about underage marriages, investigate domestic relations, and mediate child custody and visitation disputes. Additional counselors and office staff can also be appointed to support court functions, all under the supervising counselor's guidance. Salaries and roles are set by the superior court based on whether the court is acting alone or in partnership with others.

(a)CA Family Law Code § 1814(a) In each county in which a family conciliation court is established, the superior court may appoint one supervising counselor of conciliation and one secretary to assist the family conciliation court in disposing of its business and carrying out its functions. When superior courts by contract have established joint family conciliation court services, the contracting courts jointly may make the appointments under this subdivision.
(b)CA Family Law Code § 1814(b) The supervising counselor of conciliation has the power to do all of the following:
(1)CA Family Law Code § 1814(b)(1) Hold conciliation conferences with parties to, and hearings in, proceedings under this part, and make recommendations concerning the proceedings to the judge of the family conciliation court.
(2)CA Family Law Code § 1814(b)(2) Provide supervision in connection with the exercise of the counselor’s jurisdiction as the judge of the family conciliation court may direct.
(3)CA Family Law Code § 1814(b)(3) Cause reports to be made, statistics to be compiled, and records to be kept as the judge of the family conciliation court may direct.
(4)CA Family Law Code § 1814(b)(4) Hold hearings in all family conciliation court cases as may be required by the judge of the family conciliation court, and make investigations as may be required by the court to carry out the intent of this part.
(5)CA Family Law Code § 1814(b)(5) Make recommendations relating to marriages where one or both parties are underage.
(6)CA Family Law Code § 1814(b)(6) Make investigations, reports, and recommendations as provided in Section 281 of the Welfare and Institutions Code under the authority provided the probation officer in that code.
(7)CA Family Law Code § 1814(b)(7) Act as domestic relations cases investigator.
(8)CA Family Law Code § 1814(b)(8) Conduct mediation of child custody and visitation disputes.
(c)CA Family Law Code § 1814(c) The superior court, or contracting superior courts, may also appoint associate counselors of conciliation and other office assistants as may be necessary to assist the family conciliation court in disposing of its business. The associate counselors shall carry out their duties under the supervision of the supervising counselor of conciliation and have the powers of the supervising counselor of conciliation. Office assistants shall work under the supervision and direction of the supervising counselor of conciliation.
(d)CA Family Law Code § 1814(d) The classification and salaries of persons appointed under this section shall be determined by:
(1)CA Family Law Code § 1814(d)(1) The superior court of the county in which a noncontracting family conciliation court operates.
(2)CA Family Law Code § 1814(d)(2) The superior court of the county which by contract has the responsibility to administer funds of the joint family conciliation court service.

Section § 1815

Explanation

If you want to work as a supervising counselor or associate counselor in family conciliation in California, you need a master's degree in a related behavioral science field and at least two years of relevant counseling experience. Familiarity with the California court system and community resources, along with knowledge of adult mental health, family psychology, child development, and the impacts of divorce and domestic violence on children, is essential. You also need training in domestic violence issues. However, the court can allow experience to count for some educational requirements, and this doesn't apply to counselors employed before 1980.

(a)CA Family Law Code § 1815(a) A person employed as a supervising counselor of conciliation or as an associate counselor of conciliation shall have all of the following minimum qualifications:
(1)CA Family Law Code § 1815(a)(1) A master’s degree in psychology, social work, marriage, family and child counseling, or other behavioral science substantially related to marriage and family interpersonal relationships.
(2)CA Family Law Code § 1815(a)(2) At least two years of experience in counseling or psychotherapy, or both, preferably in a setting related to the areas of responsibility of the family conciliation court and with the ethnic population to be served.
(3)CA Family Law Code § 1815(a)(3) Knowledge of the court system of California and the procedures used in family law cases.
(4)CA Family Law Code § 1815(a)(4) Knowledge of other resources in the community that clients can be referred to for assistance.
(5)CA Family Law Code § 1815(a)(5) Knowledge of adult psychopathology and the psychology of families.
(6)CA Family Law Code § 1815(a)(6) Knowledge of child development, child abuse, clinical issues relating to children, the effects of divorce on children, the effects of domestic violence on children, and child custody research sufficient to enable a counselor to assess the mental health needs of children.
(7)CA Family Law Code § 1815(a)(7) Training in domestic violence issues as described in Section 1816.
(b)CA Family Law Code § 1815(b) The family conciliation court may substitute additional experience for a portion of the education, or additional education for a portion of the experience, required under subdivision (a).
(c)CA Family Law Code § 1815(c) This section does not apply to any supervising counselor of conciliation who was in office on March 27, 1980.

Section § 1816

Explanation

This law outlines the requirements and procedures for training evaluators involved in domestic violence and child custody cases in California. Evaluators must complete ongoing training in domestic violence issues, amounting to 16 hours annually. This includes understanding the impact of domestic violence on families, learning about legal rights and resources available to victims and perpetrators, and improving techniques for evaluating families affected by domestic violence. The training providers need to be authorized and must ensure that the training meets set standards. Evaluators who complete the training receive certificates, which they must submit to the court. The Judicial Council develops the training standards, emphasizing coordination between courts and agencies tackling domestic violence.

(a)CA Family Law Code § 1816(a) For purposes of this section, the following definitions apply:
(1)CA Family Law Code § 1816(a)(1) “Eligible provider” means the Administrative Office of the Courts or an educational institution, professional association, professional continuing education group, a group connected to the courts, or a public or private group that has been authorized by the Administrative Office of the Courts to provide domestic violence training.
(2)CA Family Law Code § 1816(a)(2) “Evaluator” means a supervising or associate counselor described in Section 1815, a mediator described in Section 3164, a court-connected or private child custody evaluator described in Section 3110.5, or a court-appointed investigator or evaluator as described in Section 3110 or Section 730 of the Evidence Code.
(b)CA Family Law Code § 1816(b) An evaluator shall participate in a program of continuing instruction in domestic violence, including child abuse, as may be arranged and provided to that evaluator. This training may utilize domestic violence training programs conducted by nonprofit community organizations with an expertise in domestic violence issues.
(c)CA Family Law Code § 1816(c) Areas of basic instruction shall include, but are not limited to, the following:
(1)CA Family Law Code § 1816(c)(1) The effects of domestic violence on children.
(2)CA Family Law Code § 1816(c)(2) The nature and extent of domestic violence.
(3)CA Family Law Code § 1816(c)(3) The social and family dynamics of domestic violence.
(4)CA Family Law Code § 1816(c)(4) Techniques for identifying and assisting families affected by domestic violence.
(5)CA Family Law Code § 1816(c)(5) Interviewing, documentation of, and appropriate recommendations for, families affected by domestic violence.
(6)CA Family Law Code § 1816(c)(6) The legal rights of, and remedies available to, victims.
(7)CA Family Law Code § 1816(c)(7) Availability of community and legal domestic violence resources.
(d)CA Family Law Code § 1816(d) An evaluator shall also complete 16 hours of advanced training within a 12-month period. Four hours of that advanced training shall include community resource networking intended to acquaint the evaluator with domestic violence resources in the geographical communities where the family being evaluated may reside. Twelve hours of instruction, as approved by the Administrative Office of the Courts, shall include all of the following:
(1)CA Family Law Code § 1816(d)(1) The appropriate structuring of the child custody evaluation process, including, but not limited to, all of the following:
(A)CA Family Law Code § 1816(d)(1)(A) Maximizing safety for clients, evaluators, and court personnel.
(B)CA Family Law Code § 1816(d)(1)(B) Maintaining objectivity.
(C)CA Family Law Code § 1816(d)(1)(C) Providing and gathering balanced information from the parties and controlling for bias.
(D)CA Family Law Code § 1816(d)(1)(D) Providing separate sessions at separate times as described in Section 3113.
(E)CA Family Law Code § 1816(d)(1)(E) Considering the impact of the evaluation report and recommendations with particular attention to the dynamics of domestic violence.
(2)CA Family Law Code § 1816(d)(2) The relevant sections of local, state, and federal laws, rules, or regulations.
(3)CA Family Law Code § 1816(d)(3) The range, availability, and applicability of domestic violence resources available to victims, including, but not limited to, all of the following:
(A)CA Family Law Code § 1816(d)(3)(A) Domestic violence shelter-based programs.
(B)CA Family Law Code § 1816(d)(3)(B) Counseling, including drug and alcohol counseling.
(C)CA Family Law Code § 1816(d)(3)(C) Legal assistance.
(D)CA Family Law Code § 1816(d)(3)(D) Job training.
(E)CA Family Law Code § 1816(d)(3)(E) Parenting classes.
(F)CA Family Law Code § 1816(d)(3)(F) Resources for a victim who is an immigrant.
(4)CA Family Law Code § 1816(d)(4) The range, availability, and applicability of domestic violence intervention available to perpetrators, including, but not limited to, all of the following:
(A)CA Family Law Code § 1816(d)(4)(A) Certified treatment programs described in subdivision (c) of Section 1203.097 of the Penal Code.
(B)CA Family Law Code § 1816(d)(4)(B) Drug and alcohol counseling.
(C)CA Family Law Code § 1816(d)(4)(C) Legal assistance.
(D)CA Family Law Code § 1816(d)(4)(D) Job training.
(E)CA Family Law Code § 1816(d)(4)(E) Parenting classes.
(5)CA Family Law Code § 1816(d)(5) The unique issues in a family and psychological assessment in a domestic violence case, including all of the following:
(A)CA Family Law Code § 1816(d)(5)(A) The effects of exposure to domestic violence and psychological trauma on children, the relationship between child physical abuse, child sexual abuse, and domestic violence, the differential family dynamics related to parent-child attachments in families with domestic violence, intergenerational transmission of familial violence, and manifestations of post-traumatic stress disorders in children.
(B)CA Family Law Code § 1816(d)(5)(B) The nature and extent of domestic violence, and the relationship of gender, class, race, culture, and sexual orientation to domestic violence.
(C)CA Family Law Code § 1816(d)(5)(C) Current legal, psychosocial, public policy, and mental health research related to the dynamics of family violence, the impact of victimization, the psychology of perpetration, and the dynamics of power and control in battering relationships.
(D)CA Family Law Code § 1816(d)(5)(D) The assessment of family history based on the type, severity, and frequency of violence.
(E)CA Family Law Code § 1816(d)(5)(E) The impact on parenting abilities of being a victim or perpetrator of domestic violence.
(F)CA Family Law Code § 1816(d)(5)(F) The uses and limitations of psychological testing and psychiatric diagnosis in assessing parenting abilities in domestic violence cases.
(G)CA Family Law Code § 1816(d)(5)(G) The influence of alcohol and drug use and abuse on the incidence of domestic violence.
(H)CA Family Law Code § 1816(d)(5)(H) Understanding the dynamics of high conflict relationships and relationships between an abuser and victim.
(I)CA Family Law Code § 1816(d)(5)(I) The importance of, and procedures for, obtaining collateral information from a probation department, children’s protective services, police incident report, a pleading regarding a restraining order, medical records, a school, and other relevant sources.
(J)CA Family Law Code § 1816(d)(5)(J) Accepted methods for structuring safe and enforceable child custody and parenting plans that ensure the health, safety, welfare, and best interest of the child, and safeguards for the parties.
(K)CA Family Law Code § 1816(d)(5)(K) The importance of discouraging participants in child custody matters from blaming victims of domestic violence for the violence and from minimizing allegations of domestic violence, child abuse, or abuse against a family member.
(L)CA Family Law Code § 1816(d)(5)(L) The risks associated with access to firearms and ways to reduce those risks.
(e)CA Family Law Code § 1816(e) After an evaluator has completed the advanced training described in subdivision (d), that evaluator shall complete four hours of updated training annually that shall include, but is not limited to, all of the following:
(1)CA Family Law Code § 1816(e)(1) Changes in local court practices, case law, and state and federal legislation related to domestic violence.
(2)CA Family Law Code § 1816(e)(2) An update of current social science research and theory, including the impact of exposure to domestic violence on children.
(f)CA Family Law Code § 1816(f) Training described in this section shall be acquired from an eligible provider and that eligible provider shall comply with all of the following:
(1)CA Family Law Code § 1816(f)(1) Ensure that a training instructor or consultant delivering the education and training programs either meets the training requirements of this section or is an expert in the subject matter.
(2)CA Family Law Code § 1816(f)(2) Monitor and evaluate the quality of courses, curricula, training, instructors, and consultants.
(3)CA Family Law Code § 1816(f)(3) Emphasize the importance of focusing child custody evaluations on the health, safety, welfare, and best interest of the child.
(4)CA Family Law Code § 1816(f)(4) Develop a procedure to verify that an evaluator completes the education and training program.
(5)CA Family Law Code § 1816(f)(5) Distribute a certificate of completion to each evaluator who has completed the training. That certificate shall document the number of hours of training offered, the number of hours the evaluator completed, the dates of the training, and the name of the training provider.
(g)Copy CA Family Law Code § 1816(g)
(1)Copy CA Family Law Code § 1816(g)(1) If there is a local court rule regarding the procedure to notify the court that an evaluator has completed training as described in this section, the evaluator shall comply with that local court rule.
(2)CA Family Law Code § 1816(g)(2) Except as provided in paragraph (1), an evaluator shall attach copies of the certificates of completion of the training described in subdivision (d) and the most recent updated training described in subdivision (e).
(h)CA Family Law Code § 1816(h) An evaluator may satisfy the requirement for 12 hours of instruction described in subdivision (d) by training from an eligible provider that was obtained on or after January 1, 1996. The advanced training of that evaluator shall not be complete until that evaluator completes the four hours of community resource networking described in subdivision (d).
(i)CA Family Law Code § 1816(i) The Judicial Council shall develop standards for the training programs. The Judicial Council shall solicit the assistance of community organizations concerned with domestic violence and child abuse and shall seek to develop training programs that will maximize coordination between conciliation courts and local agencies concerned with domestic violence.

Section § 1817

Explanation

In every county, the probation officer has two main responsibilities related to the family conciliation court. First, they must assist the court by making investigations and reports whenever the court requests it. Second, they need to use their powers and fulfill their duties as they relate to probation laws in the state.

The probation officer in every county shall do all of the following:
(a)CA Family Law Code § 1817(a) Give assistance to the family conciliation court that the court may request to carry out the purposes of this part, and to that end shall, upon request, make investigations and reports as requested.
(b)CA Family Law Code § 1817(b) In cases pursuant to this part, exercise all the powers and perform all the duties granted or imposed by the laws of this state relating to probation or to probation officers.

Section § 1818

Explanation

This law states that all court hearings or meetings related to family conciliation are private, allowing only the essential people like court officials, involved parties, their lawyers, and witnesses. Any communication from involved parties to the judge or court staff is treated as official information. Additionally, the documents connected to these family conciliation cases are kept confidential and can only be accessed by a party or their lawyer if they have written permission from the judge.

(a)CA Family Law Code § 1818(a) All superior court hearings or conferences in proceedings under this part shall be held in private and the court shall exclude all persons except the officers of the court, the parties, their counsel, and witnesses. The court shall not allow ex parte communications, except as authorized by Section 216. All communications, verbal or written, from parties to the judge, commissioner, or counselor in a proceeding under this part shall be deemed to be official information within the meaning of Section 1040 of the Evidence Code.
(b)CA Family Law Code § 1818(b) The files of the family conciliation court shall be closed. The petition, supporting affidavit, conciliation agreement, and any court order made in the matter may be opened to inspection by a party or the party’s counsel upon the written authority of the judge of the family conciliation court.

Section § 1819

Explanation

This law allows the family conciliation court's supervising counselor to destroy old records older than two years, unless they are related to child custody or visitation mediation. Those specific records can be destroyed when the child or children involved turn 18. Additionally, the judge has the option to have records copied onto microfilm instead of being destroyed.

(a)CA Family Law Code § 1819(a) Except as provided in subdivision (b), upon order of the judge of the family conciliation court, the supervising counselor of conciliation may destroy any record, paper, or document filed or kept in the office of the supervising counselor of conciliation which is more than two years old.
(b)CA Family Law Code § 1819(b) Records described in subdivision (a) of child custody or visitation mediation may be destroyed when the minor or minors involved are 18 years of age.
(c)CA Family Law Code § 1819(c) In the judge’s discretion, the judge of the family conciliation court may order the microfilming of any record, paper, or document described in subdivision (a) or (b).

Section § 1820

Explanation

This law allows courts to team up and share their family conciliation court services. When two or more courts decide to work together, they can agree on which court manages the funds and handle payments. They can also decide on shared or individual responsibilities for staffing and facilities. Additionally, they can decide which court's staff handles cases, except for judges. All the rules that apply to a single court providing these services also apply to courts working together under this system.

(a)CA Family Law Code § 1820(a) A court may contract with any other court or courts to provide joint family conciliation court services.
(b)CA Family Law Code § 1820(b) An agreement between two or more courts for the operation of a joint family conciliation court service may provide that one participating court shall be the custodian of moneys made available for the purposes of the joint services, and that the custodian court may make payments from the moneys upon audit of the appropriate auditing officer or body of the court.
(c)CA Family Law Code § 1820(c) An agreement between two or more courts for the operation of a joint family conciliation court service may also provide:
(1)CA Family Law Code § 1820(c)(1) For the joint provision or operation of services and facilities or for the provision or operation of services and facilities by one participating court under contract for the other participating courts.
(2)CA Family Law Code § 1820(c)(2) For appointments of members of the staff of the family conciliation court including the supervising counselor.
(3)CA Family Law Code § 1820(c)(3) That, for specified purposes, the members of the staff of the family conciliation court including the supervising counselor, but excluding the judges of the family conciliation court, shall be considered to be employees of one participating court.
(4)CA Family Law Code § 1820(c)(4) For other matters that are necessary or proper to effectuate the purposes of the Family Conciliation Court Law.
(d)CA Family Law Code § 1820(d) The provisions of this part relating to family conciliation court services provided by a single court shall be equally applicable to courts which contract, pursuant to this section, to provide joint family conciliation court services.