California 2017-2018 Regular Session Status: To Executive

AB 2294 — Child custody proceedings: finding of sexual abuse.

Last action — Vetoed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes a court to request the local child welfare services agency to conduct an investigation of allegations of child abuse, including child sexual abuse, made during a child custody proceeding. Existing law requires a social worker to investigate these court-referred allegations of child abuse to the same extent as any other child abuse allegations, including interviewing a child 4 years of age or older under specific circumstances. Existing law requires the local child welfare services agency, upon completion of the investigation, to report its findings to the court. This bill would require a court to request the local child welfare services agency to conduct an investigation of allegations of child abuse, including child sexual abuse, made during a child custody proceeding, when the court determines that it cannot protect the child from future child abuse, either through custody or protective orders. This bill would require the local welfare agency, upon completion of the investigation, to report its findings to the court. By requiring a local child welfare services agency to conduct an investigation under these additional circumstances, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. Vetoed by Governor.

  2. Enrolled and presented to the Governor at 3 p.m.

  3. In Assembly. Ordered to Engrossing and Enrolling.

  4. Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5281.).

  5. Read second time. Ordered to Consent Calendar.

  6. From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar.

  7. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 26). Re-referred to Com. on APPR.

  8. Referred to Com. on JUD.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5415.)

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 16. Noes 0.) (May 25).

  13. In committee: Set, first hearing. Referred to APPR. suspense file.

  14. From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 10. Noes 0.) (April 3). Re-referred to Com. on APPR.

  15. Re-referred to Com. on JUD.

  16. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  17. Re-referred to Com. on JUD.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.

  19. Referred to Com. on JUD.

  20. From printer. May be heard in committee March 16.

  21. Read first time. To print.

Sponsors

  • Obernolte · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Obernolte

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Consent Calendar AB2294

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 32003
Democratic 5000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Hill — Yea
Lara — Yea
Moorlach — Yea
Morrell — Yea
Roth — Yea
Vidak — Yea
Wilk — Yea
Mitchell — Yea
Chang — Yea
Allen — Yea
Galgiani — Yea
Hernandez — Yea
De León — Yea
Portantino — Yea
Atkins — Yea
Hertzberg — Yea
Hueso — Yea
Dodd — Yea
Leyva — Yea
Monning — Yea
Nielsen — Yea
Pan — Yea
Skinner — Yea
Wieckowski — Yea
Anderson — Yea
Bates — Yea
Beall — Yea
Bradford — Yea
Delgado — Yea
Cannella — Not Voting
Fuller — Not Voting
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Not Voting
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea
Stern, Henry I. Democratic Yea
Wiener, Scott D. Democratic Yea

Official roll call →

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 57000
Democratic 15000
Republican 6000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Acosta — Yea
Bloom — Yea
Brough — Yea
Harper — Yea
Jones-Sawyer — Yea
Kiley — Yea
Mathis — Yea
Mullin — Yea
Obernolte — Yea
Steinorth — Yea
Voepel — Yea
Wood — Yea
Chávez — Yea
Chau — Yea
Mayes — Yea
Medina — Yea
Rodriguez — Yea
Santiago — Yea
Gonzalez Fletcher — Yea
Burke — Yea
Fong — Yea
Salas — Yea
Frazier — Yea
Friedman — Yea
Gray — Yea
Holden — Yea
Rubio — Yea
Kamlager-Dove — Yea
Levine — Yea
Low — Yea
Maienschein — Yea
McCarty — Yea
Melendez — Yea
Nazarian — Yea
Baker — Yea
Bigelow — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Cooper — Yea
O'Donnell — Yea
Quirk — Yea
Rendon — Yea
Thurmond — Yea
Ting — Yea
Waldron — Yea
Weber — Yea
Eggman — Yea
Cunningham — Yea
Daly — Yea
Gloria — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Mark Stone — Yea
Travis Allen — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Berman, Marc Democratic Yea
Bonta, Mia Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Chen, Phillip Republican Yea
Choi, Steven S. Republican Yea
Dahle, Megan Republican Yea
Flora, Heath Republican Yea
Gallagher, James Republican Yea
Lackey, Tom Republican Yea

Official roll call →

Do pass.

Passed 16 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 12001
Democratic 3000
Republican 1000
Total 16001
% of votes cast 94%0%0%6%
How each member voted (17)
Member Party Vote
Bigelow — Yea
Bloom — Yea
Brough — Not Voting
Obernolte — Yea
Eggman — Yea
Chau — Yea
Fong — Yea
Gonzalez Fletcher — Yea
Nazarian — Yea
Quirk — Yea
Friedman — Yea
Eduardo Garcia — Yea
Wendy Carrillo — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Gallagher, James Republican Yea

Official roll call →

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 2000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Holden — Yea
Maienschein — Yea
Gonzalez Fletcher — Yea
Chau — Yea
Chiu — Yea
Cunningham — Yea
Kiley — Yea
Mark Stone — Yea
Kalra, Ash Democratic Yea
Reyes, Eloise Gómez Democratic Yea

Official roll call →

Subjects

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Frequently asked questions

What does AB 2294 do?
Existing law authorizes a court to request the local child welfare services agency to conduct an investigation of allegations of child abuse, including child sexual abuse, made during a child custody proceeding. Existing law requires a social worker to investigate these court-referred allegations of child abuse to the same extent as any other child abuse allegations, including interviewing a child 4 years of age or older under specific circumstances. Existing law requires the local child welfare services agency, upon completion of the investigation, to report its findings to the court. This bill would require a court to request the local child welfare services agency to conduct an investigation of allegations of child abuse, including child sexual abuse, made during a child custody proceeding, when the court determines that it cannot protect the child from future child abuse, either through custody or protective orders. This bill would require the local welfare agency, upon completion of the investigation, to report its findings to the court. By requiring a local child welfare services agency to conduct an investigation under these additional circumstances, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors AB 2294?
AB 2294 is sponsored by Obernolte.
What is the current status of AB 2294?
This bill died with 2017-2018 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2294?
Track AB 2294 free on One Click Politics — get push/email alerts when it moves.

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