Bill Text: CA AB2034 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Elder and dependent adults.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-27 - Withdrawn from committee. Re-referred to Com. on RLS. [AB2034 Detail]

Download: California-2013-AB2034-Amended.html

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BILL NUMBER: AB 2034	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 11, 2014
	AMENDED IN ASSEMBLY  MAY 23, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014
	AMENDED IN ASSEMBLY  MARCH 19, 2014
	AMENDED IN ASSEMBLY  MARCH 11, 2014

INTRODUCED BY   Assembly Member Gatto

                        FEBRUARY 20, 2014

   An act to  add Section 2361 to, and to add Part 7.5
(commencing with Section 3250) to Division 4 of the Probate Code
   amend Section 15657.03 of the Welfare and
Institutions Code  , relating to  family relations
  protective orders  .


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2034, as amended, Gatto. Family relations: family 
visitation and conservatorships.   visitation:
protective orders.  
   Existing law authorizes a conservator or a trustee of an elder or
dependent adult, an attorney-in-fact of an elder or dependent adult,
a person appointed as a guardian ad litem for an elder or dependent
adult, or another person legally authorized to seek a protective
order on behalf of an elder or dependent adult who has suffered
physical abuse, neglect, financial abuse, abandonment, isolation,
abduction, or other treatment with resulting physical harm or pain or
mental suffering, or the deprivation by a care custodian of goods or
services that are necessary to avoid physical harm or mental
suffering.  
   This bill would additionally allow a petition to be brought by an
adult child of an abused elder or dependent adult to enjoin a party
from interfering with visitation between the adult child and the
abused elder or dependent adult when an elder or dependent adult has
suffered abuse in the form of isolation, as defined, and would allow
a court to make an order enjoining a party from isolating or
otherwise interfering with the visitation of the abused elder or
dependent adult.  
   The bill would require the court to appoint counsel for the abused
elder or dependent adult and would require the appointed counsel to
be paid for by the adult child who brings the petition. The bill
would require the appointed counsel to submit a report to the court
regarding whether the abused elder or adult desires the proposed
visitation, among other things. The bill would require this report to
be confidential, except as provided, and would make legislative
findings and declarations regarding the privacy interests affected by
the reports that are protected by the bill.  
   Because a violation of a court order issued pursuant to the above
provisions would be punishable as contempt, a misdemeanor, this bill
would create a new crime and would thereby impose a state-mandated
local program.  
   (1) Existing law establishes procedures by which a court may grant
reasonable visitation rights to a parent of a minor child, unless it
is shown that the visitation would be detrimental to the best
interests of the child. Existing law requires the court, when
determining the best interest of the child, to consider, among other
factors, the health, safety, and welfare of the child. 

   This bill would establish procedures by which a court may grant
reasonable visitation rights to an adult child if a proposed visitee,
as defined, expresses a desire for that visitation. The bill would
require a court investigator to prepare a report that contains, among
other things, interviews of specified individuals, a determination
of whether the proposed visitee has the capacity to consent to the
requested visitation, and a determination of whether the proposed
visitee desires the proposed visitation. The bill would make the
court investigator's report confidential and would make legislative
findings and declarations regarding the privacy interests affected by
the investigations that are protected by the bill. The bill would
direct the court to consider, among other things, the history of the
relationship between the proposed visitee and the adult child, any
power of attorney or estate planning document that expresses an
opinion on visitation, and the report prepared by the court
investigator.  
   (2) Existing law requires a conservator of a person to be
responsible for the care, custody, control, and education of a
conservatee, except where the court, in its discretion, limits the
powers and duties of the conservator, as specified. Existing law
provides that the conservator's control of the conservatee shall not
extend to personal rights retained by the conservatee, including, but
not limited to, the right to receive visitors, telephone calls, and
personal mail, unless specifically limited by a court order.
 
   This bill would require a conservator to inform, as soon as
reasonably possible, the relatives of a conservatee whenever a
conservatee dies or has been hospitalized in a general acute care
hospital for a period of 3 days or more and would require the
conservator, in the event of death of the conservatee, to inform, as
soon as reasonably possible, the relatives of any funeral
arrangements and the location of the conservatee's final resting
place. 
    This bill would make a legislative finding that declares every
adult in this state has the right to visit with, and receive mail and
telephone or electronic communication from, whomever he or she so
chooses, unless a court has specifically ordered otherwise. 
   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 no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares that every adult in
this state has the right to visit with, and receive mail and
telephone or electronic communication from, whomever he or she so
chooses, unless a court has specifically ordered otherwise.
   SEC. 2.    Section 15657.03 of the   Welfare
and Institutions Code   is amended to read: 
   15657.03.  (a) (1) An elder or dependent adult who has suffered
abuse as defined in Section 15610.07 may seek protective orders as
provided in this section.
   (2) A petition may be brought on behalf of an abused elder or
dependent adult by a conservator or a trustee of the elder or
dependent adult, an attorney-in-fact of an elder or dependent adult
who acts within the authority of the power of attorney, a person
appointed as a guardian ad litem for the elder or dependent adult, or
other person legally authorized to seek such relief. 
   (3) In addition to paragraph (2), when an elder or dependent adult
has suffered abuse in the form of isolation, as defined in Section
15610.43, a petition may be brought by an adult child of the abused
elder or dependent adult to enjoin a party from interfering with
visitation between the adult child and the abused elder or dependent
adult.  
   (A) The court shall not issue an ex parte order if a petition has
been brought by an adult child pursuant to this paragraph.  

   (B) The court shall appoint counsel for the abused elder or
dependent adult if a petition has been brought by an adult child
pursuant to this paragraph to determine whether or not visitation is
desired by the abused elder or dependent adult. The appointed counsel
shall be paid for by the adult child who brings the petition. Prior
to the hearing, counsel appointed pursuant to this subparagraph shall
do all of the following:  
   (i) Interview the abused elder or dependent adult for whom the
petitioner is seeking visitation.  
   (ii) Inform the abused elder or dependent adult of the contents of
the petition.  
   (iii) Determine whether the abused elder or dependent adult has
the capacity to consent to the proposed visitation.  
   (iv) Determine whether the abused elder or dependent adult desires
the proposed visitation.  
   (C) The counsel appointed pursuant to subparagraph (B) shall
report to the court on all of the requirements of clause (i) to (iv),
inclusive, of subparagraph (B), at least five days before the
hearing. A copy of the report shall be given to the attorney, if any,
for the adult child who has filed the petition for visitation, to
the party who is alleged to be isolating the abused elder or
dependent adult from the petitioner who is seeking visitation, and
any other persons as the court orders.  
   (D) The report required by subparagraph (C) is confidential and
shall be made available only to parties and persons described in
subparagraph (C), persons given notice of the petition who have
requested the report or who have appeared in the proceedings and
their attorneys of record, and the court.  
   (E) If a report has been received by the court for an abused elder
or dependent adult pursuant to a petition for visitation pursuant to
this paragraph within the preceding 12 months, the court may order,
upon good cause shown, that another report is not necessary or that a
more limited investigation may be conducted.  
   (F) A petition brought pursuant to this paragraph may be brought
in the department of the superior court having jurisdiction over
probate conservatorships. If the court determines that the matter
should be determined in a civil action, the court may instead
transfer the matter to the general civil calendar of the superior
court. 
   (b) For the purposes of this section: 
   (1) "Adult child" means an individual who is 18 years of age or
older and is related to the proposed visitee biologically, through
adoption, through the marriage or former marriage of the proposed
visitee to the adult child's biological parent, or by a judgment of
parentage entered by a court of competent jurisdiction. 

   (1) 
    (2)  "Conservator" means the legally appointed
conservator of the person or estate of the petitioner, or both.

   (2) "Petitioner" 
    (3)     (A)     Except as
provided in subparagraph (B), "petitioner"  means the elder or
dependent adult to be protected by the protective orders and, if the
court grants the petition, the protected person. 
   (B) If a petition is brought pursuant to paragraph (3) of
subdivision (a), then "petitioner" means the adult child who has
filed the petition to enjoin a party from interfering with visitation
between the adult child and an abused elder or dependent adult.
 
   (3) 
    (4)  "Protective order" means an order that includes any
of the following restraining orders, whether issued ex parte, after
notice and hearing, or in a judgment:
   (A) An order enjoining a party from abusing, intimidating,
molesting, attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, telephoning, including, but not
limited to, making annoying telephone calls as described in Section
653m of the Penal Code, destroying personal property, contacting,
either directly or indirectly, by mail or otherwise, or coming within
a specified distance of, or disturbing the peace of, the petitioner,
and, in the discretion of the court, on a showing of good cause, of
other named family or household members or a conservator, if any, of
the petitioner.
   (B) An order excluding a party from the petitioner's residence or
dwelling, except that this order shall not be issued if legal or
equitable title to, or lease of, the residence or dwelling is in the
sole name of the party to be excluded, or is in the name of the party
to be excluded and any other party besides the petitioner. 
   (C) An order enjoining a party from isolating or otherwise
interfering with visitation between an elder or dependent adult that
has suffered abuse in the form of isolation, as defined in Section
15610.43, and an adult child of the abused elder or dependent adult
who has brought a petition pursuant to paragraph (3) of subdivision
(a).  
   (C) 
    (D)  An order enjoining a party from specified behavior
that the court determines is necessary to effectuate orders described
in subparagraph  (A) or (B).   (A), (B), or
(C), 
   (4) "Respondent" means the person against whom the protective
orders are sought and, if the petition is granted, the restrained
person.
   (c)  An   Except upon a petition brought
pursuant to paragraph (3) of subdivision (a), an  order may be
issued under this section, with or without notice, to restrain any
person for the purpose of preventing a recurrence of abuse, if a
declaration shows, to the satisfaction of the court, reasonable proof
of a past act or acts of abuse of the petitioning elder or dependent
adult.
   (d)  Upon   Except   upon a petition
brought pursuant to paragraph (3) of subdivision (a), upon 
filing a petition for protective orders under this section, the
petitioner may obtain a temporary restraining order in accordance
with Section 527 of the Code of Civil Procedure, except to the extent
this section provides a rule that is inconsistent. The temporary
restraining order may include any of the protective orders described
in paragraph  (3)   (4)  of subdivision
(b). However, the court may issue an ex parte order excluding a party
from the petitioner's residence or dwelling only on a showing of all
of the following:
   (1) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
   (2) That the party to be excluded has assaulted or threatens to
assault the petitioner, other named family or household member of the
petitioner, or a conservator of the petitioner.
   (3) That physical or emotional harm would otherwise result to the
petitioner, other named family or household member of the petitioner,
or a conservator of the petitioner.
   (e)  A   Except upon a petition brought
pursuant to paragraph (3) of subdivision (a), a  request for the
issuance of a temporary restraining order without notice under this
section shall be granted or denied on the same day that the petition
is submitted to the court, unless the petition is filed too late in
the day to permit effective review, in which case the order shall be
granted or denied on the next day of judicial business in sufficient
time for the order to be filed that day with the clerk of the court.
   (f) Within 21 days, or, if good cause appears to the court, 25
days, from the date that a request for a temporary restraining order
is granted or denied, a hearing shall be held on the petition. If no
request for temporary orders is made, the hearing shall be held
within 21 days, or, if good cause appears to the court, 25 days, from
the date that the petition is filed.
   (g) The respondent may file a response that explains or denies the
alleged abuse  or isolation  .
   (h) The court may issue, upon notice and a hearing, any of the
orders set forth in paragraph  (3)   (4) 
of subdivision (b). The court may issue, after notice and hearing, an
order excluding a person from a residence or dwelling if the court
finds that physical or emotional harm would otherwise result to the
petitioner, other named family or household member of the petitioner,
or conservator of the petitioner.
   (i) (1) In the discretion of the court, an order issued after
notice and a hearing under this section may have a duration of not
more than five years, subject to termination or modification by
further order of the court either on written stipulation filed with
the court or on the motion of a party. These orders may be renewed
upon the request of a party, either for five years or permanently,
without a showing of any further abuse since the issuance of the
original order, subject to termination or modification by further
order of the court either on written stipulation filed with the court
or on the motion of a party. The request for renewal may be brought
at any time within the three months before the expiration of the
order.
   (2) The failure to state the expiration date on the face of the
form creates an order with a duration of three years from the date of
issuance.
   (3) If an action is filed for the purpose of terminating or
modifying a protective order prior to the expiration date specified
in the order by a party other than the protected party, the party who
is protected by the order shall be given notice, pursuant to
subdivision (b) of Section 1005 of the Code of Civil Procedure, of
the proceeding by personal service or, if the protected party has
satisfied the requirements of Chapter 3.1 (commencing with Section
6205) of Division 7 of Title 1 of the Government Code, by service on
the Secretary of State. If the party who is protected by the order
cannot be notified prior to the hearing for modification or
termination of the protective order, the court shall deny the motion
to modify or terminate the order without prejudice or continue the
hearing until the party who is protected can be properly noticed and
may, upon a showing of good cause, specify another method for service
of process that is reasonably designed to afford actual notice to
the protected party. The protected party may waive his or her right
to notice if he or she is physically present in court and does not
challenge the sufficiency of the notice.
   (j) In a proceeding under this section, a support person may
accompany a party in court and, if the party is not represented by an
attorney, may sit with the party at the table that is generally
reserved for the party and the party's attorney. The support person
is present to provide moral and emotional support for a person who
alleges he or she is a victim of abuse. The support person is not
present as a legal adviser and may not provide legal advice. The
support person may assist the person who alleges he or she is a
victim of abuse in feeling more confident that he or she will not be
injured or threatened by the other party during the proceedings if
the person who alleges he or she is a victim of abuse and the other
party are required to be present in close proximity. This subdivision
does not preclude the court from exercising its discretion to remove
the support person from the courtroom if the court believes the
support person is prompting, swaying, or influencing the party
assisted by the support person.
   (k) Upon the filing of a petition for protective orders under this
section, the respondent shall be personally served with a copy of
the petition, notice of the hearing or order to show cause, temporary
restraining order, if any, and any declarations in support of the
petition. Service shall be made at least five days before the
hearing. The court may, on motion of the petitioner or on its own
motion, shorten the time for service on the respondent.
   (l) A notice of hearing under this section shall notify the
respondent that if he or she does not attend the hearing, the court
may make orders against him or her that could last up to five years.
   (m) (1) The court may, upon the filing of a declaration by the
petitioner that the respondent could not be served within the time
required by statute, reissue an order previously issued and dissolved
by the court for failure to serve the respondent. The reissued order
shall remain in effect until the date set for the hearing.
   (2) The reissued order shall state on its face the date of
expiration of the order.
   (n) (1) If a respondent, named in an order issued under this
section after a hearing, has not been served personally with the
order but has received actual notice of the existence and substance
of the order through personal appearance in court to hear the terms
of the order from the court, no additional proof of service is
required for enforcement of the order.
   (2) If the respondent named in a temporary restraining order is
personally served with the order and notice of hearing with respect
to a restraining order or protective order based on the temporary
restraining order, but the respondent does not appear at the hearing,
either personally or by an attorney, and the terms and conditions of
the restraining order or protective order issued at the hearing are
identical to the temporary restraining order, except for the duration
of the order, then the restraining order or protective order issued
at the hearing may be served on the respondent by first-class mail
sent to the respondent at the most current address for the respondent
that is available to the court.
   (3) The Judicial Council form for temporary orders issued pursuant
to this subdivision shall contain a statement in substantially the
following form:

   "If you have been personally served with a temporary restraining
order and notice of hearing, but you do not appear at the hearing
either in person or by a lawyer, and a restraining order that is the
same as this temporary restraining order except for the expiration
date is issued at the hearing, a copy of the order will be served on
you by mail at the following address: ____.
   If that address is not correct or you wish to verify that the
temporary restraining order was converted to a restraining order at
the hearing without substantive change and to find out the duration
of that order, contact the clerk of the court."

   (o) (1) Information on any protective order relating to elder or
dependent adult abuse issued by a court pursuant to this section
shall be transmitted to the Department of Justice in accordance with
either paragraph (2) or (3).
   (2) The court shall order the petitioner or the attorney for the
petitioner to deliver a copy of an order issued under this section,
or a reissuance, extension, modification, or termination of the
order, and any subsequent proof of service, by the close of the
business day on which the order, reissuance, extension, modification,
or termination was made, to each law enforcement agency having
jurisdiction over the residence of the petitioner, and to any
additional law enforcement agencies within the court's discretion as
are requested by the petitioner.
   (3) Alternatively, the court or its designee shall transmit,
within one business day, to law enforcement personnel all information
required under subdivision (b) of Section 6380 of the Family Code
regarding any order issued under this section, or a reissuance,
extension, modification, or termination of the order, and any
subsequent proof of service, by either one of the following methods:
   (A) Transmitting a physical copy of the order or proof of service
to a local law enforcement agency authorized by the Department of
Justice to enter orders into the California Law Enforcement
Telecommunications System (CLETS).
   (B) With the approval of the Department of Justice, entering the
order or proof of service into CLETS directly.
   (4) Each appropriate law enforcement agency shall make available
information as to the existence and current status of these orders to
law enforcement officers responding to the scene of reported abuse.
   (5) An order issued under this section shall, on request of the
petitioner, be served on the respondent, whether or not the
respondent has been taken into custody, by any law enforcement
officer who is present at the scene of reported abuse involving the
parties to the proceeding. The petitioner shall provide the officer
with an endorsed copy of the order and a proof of service, which the
officer shall complete and send to the issuing court.
   (6) Upon receiving information at the scene of an incident of
abuse that a protective order has been issued under this section, or
that a person who has been taken into custody is the respondent to
that order, if the protected person cannot produce an endorsed copy
of the order, a law enforcement officer shall immediately attempt to
verify the existence of the order.
   (7) If the law enforcement officer determines that a protective
order has been issued, but not served, the officer shall immediately
notify the respondent of the terms of the order and where a written
copy of the order can be obtained, and the officer shall at that time
also enforce the order. The law enforcement officer's verbal notice
of the terms of the order shall constitute service of the order and
is sufficient notice for the purposes of this section and for the
purposes of Section 273.6 of the Penal Code.
   (p) Nothing in this section shall preclude either party from
representation by private counsel or from appearing on the party's
own behalf.
   (q)  There   Except upon a petition brought
pursuant to paragraph (3) of subdivision (a), there  is no
filing fee for a petition, response, or paper seeking the reissuance,
modification, or enforcement of a protective order filed in a
proceeding brought pursuant to this section.  The court may
assess a reasonable filing fee for a petition brought pursuant to
paragraph (3) of subdivision (a). 
   (r)  Pursuant   Except upon a petition
brought pursuant to paragraph (3) of subdivision (a), pursuant 
to paragraph (4) of subdivision (b) of Section 6103.2 of the
Government Code, a petitioner shall not be required to pay a fee for
law enforcement to serve an order issued under this section.  A
petitioner shall be required to pay a fee to law enforcement to serve
an order on a petition brought pursuant to paragraph (3) of
subdivision (a). 
   (s)  The   Except upon a petition brought
pursuant to paragraph (3) of subdivision (a), the  prevailing
party in any action brought under this section may be awarded court
costs and attorney's fees, if any.
   (t) (1) A person subject to a protective order under this section
shall not own, possess, purchase, receive, or attempt to receive a
firearm or ammunition while the protective order is in effect.
   (2) The court shall order a person subject to a protective order
issued under this section to relinquish any firearms he or she owns
or possesses pursuant to Section 527.9 of the Code of Civil
Procedure.
   (3) Every person who owns, possesses, purchases, or receives, or
attempts to purchase or receive a firearm or ammunition while subject
to a protective order issued under this section is punishable
pursuant to Section 29825 of the Penal Code.
   (4) This subdivision shall not apply in a case in which the
protective order issued under this section was made solely on the
basis of financial abuse unaccompanied by force, threat, harassment,
intimidation, or any other form of abuse.
   (u) Any willful disobedience of any temporary restraining order or
restraining order after hearing granted under this section is
punishable pursuant to Section 273.6 of the Penal Code.
   (v) This section does not apply to any action or proceeding
governed by Title 1.6C (commencing with Section 1788) of Part 4 of
Division 3 of the Civil Code, by Chapter 3 (commencing with Section
525) of Title 7 of Part 2 of the Code of Civil Procedure, or by
Division 10 (commencing with Section 6200) of the Family Code.
Nothing in this section shall preclude a petitioner's right to use
other existing civil remedies.
   (w) The Judicial Council shall develop forms, instructions, and
rules relating to matters governed by this section. The petition and
response forms shall be simple and concise, and their use by parties
in actions brought pursuant to this section shall be mandatory.

  SEC. 2.    Section 2361 is added to the Probate
Code, to read:
   2361.  A conservator shall, as soon as reasonably possible, inform
relatives of a conservatee, as defined in subdivision (b) of Section
1821, whenever a conservatee dies or has been hospitalized in a
general acute care hospital, as defined in Section 1250 of the Health
and Safety Code, for a period of three days or more. In the case of
death, a conservator shall inform, as soon as reasonably possible,
the relatives of any funeral arrangements and the location of the
conservatee's final resting place.  
  SEC. 3.    Part 7.5 (commencing with Section 3250)
is added to Division 4 of the Probate Code, to read:

      PART 7.5.  Rights of Adult Children and Visitation


   3250.  As used in this part:
   (a) "Proposed visitee" means an adult who is a parent and who does
not have a conservator of the person and for whom a visitation
decision is sought.
   (b) "Visitation" means any in-person meeting, or any telephonic,
mail, or electronic communication, between a proposed visitee and his
or her adult child.
   (c) "Visitation decision" means a decision regarding the proposed
visitee's visitations, including the following:
   (1) Approval or disapproval of any visitation.
   (2) The specifics of that visitation, including, but not limited
to, the time, place, and manner of the visitation.
   (d) "Adult child" means an individual who is 18 years of age or
older and is related to the proposed visitee biologically, through
adoption, through the marriage or former marriage of the proposed
visitee to the adult child's biological parent, or by a judgment of
parentage entered by a court of competent jurisdiction.
   3251.  (a) A petition may be filed by an adult child to compel
visitation with a proposed visitee.
   (b) In ruling on the petition, the court shall determine if the
proposed visitee has sufficient capacity to make a knowing and
intelligent visitation decision.
   (c) If the court determines that the proposed visitee has
sufficient capacity to make a knowing and intelligent visitation
decision, the court shall grant reasonable visitation if the proposed
visitee expresses a desire for visitation.
   (d) If the proposed visitee lacks the capacity to make a knowing
and intelligent visitation decision, then the court shall determine
if the proposed visitee would want visitation. In determining whether
or not the proposed visitee would or would not want a visitation
from the petitioner, the court shall consider the following:
   (1) The history of the relationship between the proposed visitee
and the petitioner.
   (2) Any statements made by the proposed visitee expressing his or
her desire to have a visitation with the petitioner.
   (3) Any power of attorney or estate planning document that
expresses an opinion on visitation with the petitioner.
   (4) The report of the court investigator prepared pursuant to
Section 3256.
   (e) If the court determines that the proposed visitee would want
visitation, the court shall grant reasonable visitation, provided the
court determines that the visitation is in the best interests of the
proposed visitee.
   (f) If the court determines that the proposed visitee has
sufficient capacity to make a knowing and intelligent visitation
decision and the proposed visitee expresses that he or she does not
desire visitation then the court shall not grant visitation.
   (g) A determination by the court regarding capacity under this
part shall not be cited as evidence in any other legal proceeding.
   3252.  The petition may be filed in the superior court of any of
the following counties:
   (a) The county in which proposed visitee resides.
   (b) The county in which the proposed visitee is temporarily
living.
   3253.  The petition shall state, or set forth by a declaration
attached to the petition, all of the following known to the
petitioner at the time the petition is filed:
                                          (a) The condition of the
proposed visitee's health, to the extent known by the petitioner.
   (b) The proposed visitation that is to be considered.
   (c) The efforts made to obtain visitation with the proposed
visitee.
   (d) The deficit or deficits, if any, in the proposed visitee's
mental functions listed in subdivision (a) of Section 811 that are
impaired, and an identification of a link between the deficit or
deficits and the proposed visitee's inability to respond knowingly
and intelligently to queries about the requested visitation.
   (e) The names and addresses, so far as they are known to the
petitioner, of the persons specified in subdivision (b) of Section
1821.
   3254.  Upon the filing of the petition, the court shall determine
if the proposed visitee has retained an attorney to represent him or
her in the proceeding under this part or if the proposed visitee
plans to retain an attorney for that purpose.
   3255.  (a) Not less than 15 days before the hearing, notice of the
time and place of the hearing and a copy of the petition shall be
personally served on the proposed visitee, and the proposed visitee's
attorney, if any.
   (b) Not less than 15 days before the hearing, notice of the time
and place of the hearing and a copy of the petition shall be mailed
to the following persons:
   (1) The proposed visitee's spouse, if any, at the address stated
in the petition.
   (2) The proposed visitee's relatives named in the petition at each
relative's address stated in the petition.
   3256.  Prior to the hearing, the court investigator shall do all
of the following:
   (a) Conduct the following interviews:
   (1) The proposed visitee.
   (2) All petitioners.
   (3) The proposed visitee's spouse or registered domestic partner
and relatives within the first degree.
   (4) To the extent practical, neighbors, and, if known, close
friends of the proposed visitee.
   (b) Inform the proposed visitee of the contents of the petition.
   (c) Determine whether the proposed visitee has the capacity to
consent to the requested visitation.
   (d) Determine whether the proposed visitee desires the proposed
visitation.
   (e) Report to the court in writing, at least five days before the
hearing, concerning all of the foregoing.
   (f) Mail, at least five days before the hearing, a copy of the
report referred to in subdivision (e) to all of the following:
   (1) The attorney, if any, for the petitioner.
   (2) The attorney, if any, for the proposed visitee.
   (3) The spouse, registered domestic partner, and relatives within
the first degree of the proposed visitee, unless the court determines
that the mailing will result in harm to the proposed visitee.
   (4) Any other persons as the court orders.
   (g) The report required by this section is confidential and shall
be made available only to parties, persons described in subdivision
(f), persons given notice of the petition who have requested this
report or who have appeared in the proceedings, their attorneys, and
the court.
   (h) If the court investigator has performed an investigation
within the preceding 12 months and furnished a report thereon to the
court, the court may order, upon good cause shown, that another
investigation is not necessary or that a more limited investigation
may be performed.
   3257.  The court in which the petition is filed has continuing
jurisdiction to revoke or modify an order made under this part upon a
petition filed, noticed, and heard in the same manner as an original
petition filed under this part.
   3258.  Each court shall assess each adult child who files a
petition for visitation in the county for any investigation or review
conducted by a court investigator with respect to the proposed
visitee as described in Section 3256. The court may order
reimbursement to the court for the amount of the assessment, unless
the court finds that all or any part of the assessment would impose a
hardship on the adult child filing a petition for visitation.

   SEC. 4.   SEC. 3.   The Legislature
finds and declares that Section  3   1  of
this act, which  adds Part 7.5 (commencing with Section 3250)
to Division 4 of the Probate Code   amends Section
15657.03 of the Welfare and Institutions Code  , imposes a
limitation on the public's right of access to the writings of public
officials and a public agency within the meaning of Section 3 of
Article I of the California Constitution. Pursuant to paragraph (2)
of subdivision (b) of Section 3 of Article I of the California
Constitution, the Legislature makes the following findings to
demonstrate the interest protected by this limitation and the need
for protecting that interest:
   In order to protect the identities and other privacy interests of
those affected by  the court investigations  
the reports required by this act  , it is necessary that this
information be kept confidential.
   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.