California State Association of Counties

1 5 2000
llOOKSfieef
Suite 101
Socromento

DATE:

November 10, 2000

TO:

Supervisor Jim Beall
Santa Clara County

FROM:

Supervisor Barbara Kondyiis, Solano County
Chair, CSAC Family Violence Task Force

RE:

CSAC Family Violence Task Force

California
95814
Jehphnnc
916,327.7500
Facsimile

916.441.5507

I am writing to express great appreciation for your acceptance of membership
on the CSAC Family Violence Task Force. As you know, the task force will examine
the many impacts of family violence and the ways in which counties are responding
to this issue of major societal concern.

The first meeting of the task force is scheduled to coincide with the CSAC
Annual Meeting in Ontario, CA. Please plan to participate in the Family Violence
Task Force session scheduled for Thursday, November 30 from 9:30 - 11:30 a.m.

The meeting agenda is enclosed; materials will be distributed at the meeting. My
primary objective for our first gathering is to chart the course for the task force and to
identify the ways in which we can be most effective in assisting California counties in
carrying out programs that effectively deal with the dynamics of family violence. The
session also will include an update on recent changes in the law.

We are putting together what we hope to be a productive and informative
session. In preparation for the November 30 meeting, please brief yourself on your

county’s current efforts and programs in the area of family violence. I also encourage
you to bring questions and Ideas about best practices to the group's discussion. The
expectation is that task force members will leave the session with a vision of the task
force’s long-term course of action, and with specific tools and resources that can be
applied at the local level in the near-term,

if you have any questions prior to our November 30 meeting, please contact
Elizabeth Howard (916/327-7500, ext. 537) or Kelly Brooks (916/327-7500, ext. 531)
of the CSAC staff. We very much look forward to seeing you and to tackling this
issue of great importance together.
Enclosure

Family Violence Task Force
CSAC Annual Meeting
Thursday, November 30, 2000
9:30-11:30 a.m.

Ontario Convention Center, Room 200C

Ontario, California

Supervisor Barbara Kondylis, Chair
Linda Wong Kerberg. Assistant Deputy Director, San Diego County Health

Facilitator;

and Human Services Agency

Presenters: Supervisor Shirley Bianchi, San Luis Obispo County; Stanley Thomas, Family
Violence Prevention Coordinator, Solano County; and Whitnie Henderson,
Legislative Coordinator, Judicial Council
AGENDA
9:30

Opening Remarks and Introductions

Supervisor Barbara Kondylis

9:35

Statewide Overview

Linda Wong Kerberg

Local Strategies in San Diego County: Their
Application at the Statewide Level
°

Domestic Violence Coordinating
Council

°
°

Family Violence Response Teams
Fatality Review Team

°

Prevention and Intervention

Strategies

°

10:00

Importance of Collaborating and
Integrating County Services

Two Local Models of Family Violence
Prevention Efforts: San Luis Obispo and

Supervisor Shirley Bianchi
Stanley Thomas

Solano Counties
10:25

Legislative Overview
“ Court/County Collaboration

°

Whitnie Henderson

Family Violence Coordinating
Councils

10:55

Visioning Exercise (Small Group Activity)

Linda Wong Kerberg

11:20

Reporting Back
° Identifying Next Steps and Future

All

Resources
11:25

Closing Remarks

Linda Wong Kerberg

Supervisor Barbara Kondylis

Domestic Violence bills 1997-2000

Summary

Status

AB 200

Child custody

Stats. 1997,

(Kuehl)

Creates a rebuttable presumption that an award of sole or joint

ch. 849.

Bill

(Author)

physical or legal custody of a child to a person who has
perpetrated domestic violence, as defined, is detrimental to the
best interest of the child.

AB 356

Court orders

Stats. 1997,

(Figueroa)

Requires the Judicial Council to develop a single, standard form
for all restraining orders issued under the Domestic Violence

ch. 347.

Prevention Act, including emergency protective orders (EPOs),
orders to show cause, temporary restraining orders (TROs), and

restraining or protective orders including those involving child
custody. Also states that no additional service of process is
required if a respondent has already been served with a TRO or
EPO that does not differ from the subsequent order.
SB 115

(Burton)

Criminal procedure: civil compromise
Prohibits civil compromise in misdemeanor domestic violence

Stats. 1997,
ch. 18.

cases.

SB 564

Domestic violence: visitation

Stats. 1997,

(Solis)

In a proceeding under the Domestic Violence Prevention Act,

ch. 396.

authorizes a court to issue visitation orders where the petitioner

and respondent are the parents of the same minor child,
regardless of marital status.
AB 75

Crimes of violence: civil compromise: reports of injuries

Stats. 1998,

(Alby)

Prohibits civil compromise in misdemeanor domestic violence

ch. 452.

cases.

The version that was actually chaptered was not a
domestic violence bill.
AB 260

(Alby)

Domestic violence

Prohibits a parent from being awarded custody of a child if that
parent has been convicted in a criminal court of the murder or
voluntary manslaughter of the other parent. Also prohibits a
parent from being awarded custody if that parent has been
found liable in a civil action for wrongful death with malice of
the other parent and has previously been convicted of domestic
violence against the other parent.

Failed

passage.

Domestic violence: CLETS

AB 1531

Requires court personnel to transmit data to the Department of

(Shelley)

Stats. 1998,
ch. 187.

Justice (DOJ) through the California Law Enforcement
Telecommunications System (CLETS) upon the issuance of a
criminal court protective order. The criminal court protective
orders would be included in the Domestic Violence Protective

Order Registry that is maintained by the DOJ.
Domestic violence: protective orders

AB 2177

Brings California law into compliance with the federal Violence
Against Women Act with respect to the statewide Domestic

(Kuehl)

Stats. 1998,
ch. 702.

Violence Protective Order Registry (18 U.S.C.A. Section 2265).
The author intends to delete proposed amendments to Family
Code section 6250, dealing with the issuance of emergency

protective orders, and proposed amendments to Family Code

section 6387, dealing with providing copies of orders issued by
other states. The bill will be narrowed to include only the

following: (1) Requiring the Judicial Council to include a
statement regarding enforcement of restraining orders in the
informational packet it provides to courts.(2) Requiring the
Judicial Council to adopt rules of court on the domestic violence
protective order registration process, the filing of foreign

protective orders, and the sealing of foreign protective orders.
(3) Deleting the requirement that an order issued by another
state must be in the registry before it can be enforced.
Domestic violence courts

AB 2700

Requires the Judicial Council to evaluate the merits andand other
effectiveness of domestic violence courts in California
states, and to make recommendations to the Legislature by
January 1, 2000, regarding establishing domestic violence

(Kuehl)

Stats. 1998,
ch. 703.

courts in every county.

Civil proceedings: dissolution of marriage: harassment:

AB 2801

(Judiciary
Committee)

conservatorships and probate

Stats. 1998,
ch. 581.

Confirms various technical procedures and definitions for

obtaining restraining orders under the Domestic Violence
Prevention Act and the Code of Civil Procedure.
AB 59

(Cedillo)

Elder or dependent adults: abuse: protective orders
Amends Family Code and adds W&I Code section 15657.03 to

provide a mechanism for elder and dependent adults to obtain
protective orders against an unrelated person who is abusing

them emotionally, physically, and/or financially. Amends Penal
Code to make violation of these protective orders a
misdemeanor.

SfciMD
'

Stats. 1999,
ch. 561.

AB 207

Invasion of privacy: recording communications:

Stats. 1999,

(Thomson)

harassment

ch. 367.

Amends Penal Code sec. 633.6 to authorize a judge issuing an

order to include a provision in the order that permits the victim

to record any prohibited communication made to him or her by
the perpetrator. Requires the judicial Council to amend its
domestic violence prevention application and order forms to
incorporate the provisions of this section.

AB 403

(Romero)

Domestic Violence: copy of incident report

Adds Family Code sec. 6228 to require each state and local law
enforcement agency to make available to a victim one copy of

Stats. 1999,
ch. 1022.

the domestic violence incident report during regular business
hours no later than two working days after the victim's request.

Additionally requires the agency to provide in writing if good

cause exists reasons why the report was not available and then
must make the report available within 10 days of the request.
AB 825

(Keeley)

Domestic violence: protective and restraining orders

Amends Family Code sec. 6380 to provide that only protective
and restraining orders issued on forms adopted by the Judicial
be
Council and approved by the Department of Justice mayViolence
transmitted to the department. Renames the Domestic
Protective Order Registry, the Domestic Violence Restraining

Stats. 1999,
ch. 661.

to
Order System. Amends Code of Civil Procedure section 527.6
to this

provide that failure of a court to issue an order pursuant

section on a Judicial Council approved form does not render the
order unenforceable.
SB 218

(Solis)

Domestic violence: confidential information, etc.

Authorizes court to issue unofficial translations of domestic

Stats. 1999,
ch. 662.

violence restraining orders. Requires Judicial Council to translate
DV order forms. Amends Family Code sec. 6343 to authorize the

person to
court, after notice and a hearing, to order a restrained Penal
participate in a batterer’s treatment Program. Amends
Code sec. 1328 to authorize the court with jurisdiction over case
to appoint a guardian ad litem to receive service of a subpoena
Code
of a child and power to produce the child. Amends Penal
violence
sec. 11163.3 to authorize disclosure by the domestic
death review team of otherwise confidential or privileged
information regarding the victim or any other information
deemed relevant, to members of that team.

AB 205

(Leach)

Domestic violence: name change

Amends CCP section 1277 to require where a petition for change
of name is brought by a participant in the address

of the
confidentiality program that the petition and the orderand
is on
court indicate that the proposed name is confidential

file with the Secretary of State.

Stats. 2000,
ch. 33.

AB 1705

Domestic violence courts

Failed

(Gallegos)

Adds Family Code section 6395 to establish the Domestic

passage.

Violence Court Trust Fund. Appropriates $15,000,000 from the
General Fund to be deposited in the trust fund and authorizes
the Judicial Council to administer the funds for the purpose of

providing assistance to local trial courts to create new domestic
violence courts and improve and expand existing ones.
AB 1754

Courts: domestic violence departments

Failed

(Robert
Pacheco)

Adds Family Code section 6396 to establish the Domestic

passage.

Violence Court Services Trust Fund in the state treasury for the

purpose of providing funding for probation and other court-

ordered services for domestic violence courts to be administered

by the Judicial Council. Appropriates $3,400,000 from the
General Fund to the trust fund for these purposes.
AB 1886

(Lowenthal)

Training requirements: batterers' treatment program
Adds Penal Code section 1203.098 to recharacterize batterer's

Stats. 2000,
ch. 544.

programs as batterers' intervention programs and requires
facilitators of these programs to meet minimum training

requirements and a minimum of continuing education.
AB 2357

(Honda)

Victims of Domestic Violence Employment Leave Act
Amends Labor Code 230 to establish the Victims of Domestic

Stats. 2000,
ch. 487.

Violence Employment Act which prohibits an employer from
discharging or discriminating or retaliating against an employee

who is a victim of domestic violence and who takes time off to
seek medical attention, to obtain services from a domestic

violence program, to obtain psychoiogical counseling, or to
participate in safety planning.

AB 2589

(Cardenas)

Domestic violence: interpreters

Requires the appointment in domestic violence proceedings and

Failed
passage.

in other settings mandated by the court of an interpreter for a

person who is deaf or hearing impaired as well as for a person

not proficient in English.
AB 2914

Temporary restraining orders

(Judiciary)

Amends Family Code section 243 to provide where a temporary

Stats. 2000,
ch. 90.

restraining order is issued with notice pending the hearing, the
applicant must serve on the respondent the documents at ieast
15 days before the hearing.

SB 1340

Domestic violence courts

(Solis/Alpert)

coordinated by the Judicial Council. Requires the creation of a
set of model guidelines for establishing and operating domestic
vioience courts throughout the state. Requires the task force, by
March 1, 2002, to submit its report and recommendations for
model guidelines to the Judicial Council and the Legislature.
Appropriates $100,000 to the Judicial Council.

Establishes the California Domestic Violence Task Force to be

Vetoed.