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FAMILY and PROBATE

By David Houston | Jan. 5, 2022

Jan. 5, 2022

FAMILY and PROBATE

• AB 260 (Stone) Allows a probate judge to request that their child welfare referral of a child who is subject to a guardianship petition and who appears to have been neglected or abused be reviewed by the juvenile court. act to amend Section 68511.1 of the Government Code, to amend Sections 1511 and 1513 of the Probate Code, and to amend Sections 329 and 331 of the Welfare and Institutions Code, relating to guardianship.

• AB 277 (Valladares) Requires, as of January 1, 2023, the Secretary of State (SOS) to provide application forms, notices, and explanatory materials related to the Safe at Home program available in at least five languages and requires information about the Safe at Home program to be included on Judicial Council forms relating to domestic violence. act to add Section 6226.5 to the Family Code, and to amend Sections 6206 and 6209.5 of, and to add Section 6209.6 to, the Government Code, relating to domestic violence.

• AB 429 (Megan Dahle) This bill, as of January 1, 2023, eliminates the provisions governing the confidentiality of proceedings and records under the Uniform Parentage Act (UPA), except in parentage cases involving assisted reproduction. act to amend Section 7643 of, and to add Section 7643.5 to, the Family Code, relating to family law.

• AB 583 (Davies) Allows, beginning immediately and lasting until January 1, 2024, parties to receive their marriage licenses remotely and to have their marriages solemnized remotely. act to amend, repeal, and add Sections 359 and 501 of, and to add and repeal Part 5 (commencing with Section 550) of Division 3 of, the Family Code, relating to marriage, and declaring the urgency thereof, to take effect immediately.

• AB 633 (Calderon) Enacts the Uniform Partition of Heirs Property Act (Act), which is meant to enhance opportunities for intergenerational wealth accumulation and transfer, particularly in communities of color that have historically been the target of predatory real estate practices. act to amend Section 872.020 of, and to add Chapter 10 (commencing with Section 874.311) to Title 10.5 of Part 2 of, the Code of Civil Procedure, relating to civil actions.

• AB 746 (Cervantes) Clarifies that, in stepparent adoptions, the parties are not required to have been married or in a domestic partnership for a minimum period of time, or have to provide income or education verification prior to the adoption being granted. An act to amend Section 9000.5 of the Family Code, relating to adoption.

• AB 887 (Levine) Upon an appropriation of funds, requires courts to accept petitions for domestic violence restraining orders and domestic violence temporary restraining orders (TROs) that are submitted electronically. act to add Sections 6306.5 and 6306.6 to the Family Code, relating to domestic violence.

• AB 900 (Reyes) Enhances the Attorney General’s oversight of trusts and other charitable assets by requiring specified notices to be transmitted to the Attorney General’s Office. act to add Section 16106 to the Probate Code, relating to trusts.

• AB 1079 (Gallagher) Clarifies which beneficiaries under a revocable trust are owed duties by the trustee in the event the settlor or other person holding the power to revoke the trust is deemed incompetent. act to amend Sections 15800 and 16069 of the Probate Code, relating to trusts.

• AB 1194 (Low) Amends the Guardianship-Conservatorship Law to provide additional protections and rights for conservatees and require better coordination between the courts and the Professional Fiduciaries Bureau (bureau). act to amend Section 6580 of, and to add Section 6563 to, the Business and Professions Code, and to amend Sections 1051, 1460, 1471, 1826, 1850, 1850.5, 1851, 1851.1, 1860, 1860.5, 1862, 1863, 2250, 2250.6, 2253, 2401, 2620, 2623, 2640, 2641, and 2653 of, to add Sections 1851.6 and 2112 to, and to add and repeal Section 1458 of, the Probate Code, relating to conservatorship.

• AB 1579 (Committee on Judiciary) Corrects inaccurate cross-references in the Family Code. act to amend Sections 3044 and 3201 of the Family Code, relating to family law.

• SB 24 (Caballero) This bill enhances protections against a third party’s disclosure of a minor’s protected information under a domestic violence restraining order. act to add Section 6323.5 to the Family Code, relating to domestic violence.

• SB 315 (Roth) This bill makes, with respect to the statutes governing revocable transfer on death deeds (RTODD), various changes recommended by the California Law Revision Commission (Commission). act to amend Section 27281 of the Government Code, and to amend Sections 5600, 5608, 5624, 5626, 5632, 5642, 5644, 5652, 5660, 5674, 5682, 5690, and 5694 of, to add Sections 5605, 5615, 5618, 5625, 5658, 5659, 5677, 5678, 5681, and 5698 to, to repeal Section 5676 of, and to repeal and add Section 5610 of, the Probate Code, relating to revocable transfer on death deeds.

• SB 320 (Eggman) This bill codifies existing Rules of Court related to the relinquishment of a firearm by a person subject to a civil domestic violence restraining order and requires the courts to notify law enforcement and the county prosecutor’s office when there has been a violation of a firearm relinquishment order. act to amend Sections 3044, 6304, 6306, 6323, and 6389 of, and to add Section 6322.5 to, the Family Code, to amend Sections 11108.2, 25555, 26379, 26405, 26540, and 30342 of the Penal Code, and to amend Section 213.5 of the Welfare and Institutions Code, relating to domestic violence.

• SB 374 (Min) Expands the definition of coercive control for which a court may issue a restraining order under the Domestic Violence Prevention Act (DVPA) to include reproductive coercion. act to amend Section 6320 of the Family Code, relating to protective orders.

• SB 654 (Min) This bill (1) requires a court that grants unsupervised visitation to parents with histories of abuse, neglect, or substance abuse to state its reasons for doing so in writing or on the record; and (2) provides that if a child addresses a court regarding custody or visitation, they generally must be permitted to do so without the parties being present. act to amend Sections 3011 and 3042 of the Family Code, relating to child custody.

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