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FAMILY COURT SERVICES: MEDIATION, CUSTODY EVALUATIONS AND PARENT EDUCATION

Family Court Services shall provide confidential mediation of custody and visitation disputes, shall conduct or coordinate court-ordered evaluations and shall provide parent education. Family Court Services staff shall facilitate the parents making their own decisions regarding the care of their children.

(a) Family Court Services Mediation.

1) This rule applies to all Family Law cases involving a dispute regarding child custody and/or visitation.

2) The Family Code assigns jurisdiction over such matters to the Conciliation Court. In exercising this jurisdiction, Family Court Services shall provide the following:

a. A mediation orientation/parent education program (known as Parents and Children Together or PACT) including but not limited to: an explanation of the mediation process and other services available through the court, educational material regarding the effects of parental separation and conflict on children, and referrals specific to domestic violence situations.

b. Mediation session(s) focused on the resolution of the custody and/or visitation dispute.

3) Unless otherwise specified below, parents shall attend a mediation orientation/parent education program (PACT) and a mediation session prior to appearing at an Order to Show Cause or Trial regarding the custody and/or visitation of their children, unless they resolve all issues pertaining to custody and/or visitation prior to the date of the OSC. Parents must attend the PACT program only once. An appointment for a mediation session shall be obtained prior to obtaining an Order to Show Cause or a trial date placing child custody and/or visitation at issue.

a. Parties in cases filed under the Domestic Violence Prevention Act may attend the PACT program but are not required to do so.

b. Failure to attend the mediation orientation/parent education program (PACT) will not preclude the Mediation Office from proceeding with a mediation session in a specific case.

c. Failure to attend the mediation orientation/parent education program (PACT) will not preclude a judicial officer from making orders regarding a specific matter before the court.

d. This rule and a schedule of PACT sessions shall be provided by the Clerk of the Court to the Petitioner or moving party. The Petitioner or moving party shall serve the same, along with the Petition or Order to Show Cause, on the responding party. The Clerk of the Court will not schedule a court date for an Order to Show Cause regarding custody and/or visitation until the party has scheduled a mediation appointment with Family Court Services.

e. Each party shall receive a certificate of completion of the PACT program. It is the responsibility of each party to provide proof of completion of the PACT program upon request of the court.

f. Sanctions may be imposed by the Court upon any party for failure to complete the PACT program or Family Court Services mediation.

(b) Confidentiality of Family Court Services Proceedings.

1) In any family law proceeding involving the custody or visitation of minor children, any written report or recommendation from the Child Custody Evaluation Unit of Family Court Services or from any person appointed by the Court to render a report shall be confidential and unavailable to any person except the Court (including Juvenile Court and the Department ofChildren's Services), the parties, their attorneys, expert witnesses, and any person to whom the Court expressly grants access by written order made with prior notice to all parties. No person who has access to a report shall disclose its contents to any child who is the subject of the report.

a. Copies of the report shall be furnished by the court to attorneys for the parties or directly to the self-represented parties at least ten (10) days before any hearing or other action which is the subject of the report unless otherwise ordered by the Court.

b. The name and address of any party who becomes delinquent in payments owed the court for work performed by the Child Custody Evaluations Office and the amount owed may be released to a collections agency of the court's choosing for the sole purpose of collecting the debt owed the court.

c. Nothing in this section shall prevent an evaluator from disclosing the existence of another court case involving the children at issue or their parents, stepparents, or legal guardians for purposes of coordinating court hearings and delivery of services.

2) Except as provided here, it is the policy of the Los Angeles Superior Court that all Conciliation Court marriage counseling and family mediation services be confidential. Such confidentiality is essential to the effective functioning of the Conciliation Court.

a. Family Court Services Staff shall not disclose information to persons other than participants and their counsel, or produce records in violation of this policy. No Family Court Services staff person, party, counsel, or participant shall be compelled to testify concerning any information acquired--including, but not limited to, communications or observations made in connection with the provision of Conciliation Court services.

b. Exceptions:

i. Nothing in this section shall restrict any person from reporting or serving as a witness where a crime has been committed, or is alleged to have been committed, in his or her presence;

ii. Nothing in this section shall restrict Family Court Services staff from complying with any law requiring reporting of child abuse and the fact that such a report was made or exists shall not be deemed confidential;

iii. Nothing in this section shall restrict Family Court Services staff from complying with the requirements of Tarasoff v. The Regents of the University of California, 17 Cal.3d 425 (1976);

iv. The fact that a Family Court Services mediation session took place, the time and place of that session, and the identities of participants shall not be deemed confidential;

v. The fact that an agreement was or was not reached and the contents of any signed stipulation and order resulting from a Conciliation Court session shall not be deemed confidential;

vi. Nothing in this section shall prevent a Family Court Services mediator from recommending that a matter be referred for a child custody evaluation, or that an attorney be appointed for a child or children;

vii. Nothing in this section shall prevent the Family Court Services mediator from meeting with the judicial officer hearing a contested custody matter in an in-chambers conference with both attorneys and the parties when the parties themselves have both requested and consented to such a conference following the parents having completed the mediation process.

viii. Nothing in this section shall prevent a mediator from disclosing theexistence of another court case involving the children at issue or their parents, stepparents, or legal guardians for purposes of coordinating court hearings and delivery of services.

(c) Adherence to Standards and Requests for Change of Family Court Services Mediator/Evaluator.

1) Mediator: Requests for a change of mediator shall be addressed to a Supervisor, Family Court Services. If the request for change is not satisfactorily resolved, it may then be brought to the attention of the Division Chief, Family Court Services. The request will be granted only upon a showing of good cause.

2) Evaluator: After a stipulation has been filed appointing the Superior Court's Child Custody Evaluations Office and an evaluator has been assigned, each side is permitted one peremptory challenge to the evaluator assigned within five (5) court days of receiving the written notification of the assignment. Challenges for cause may be made at any point in the process through the Administrator of Family Court Services. An evaluator appointed to perform a Solution Focused Evaluation can only be challenged for cause.

3) Good cause may include, but not be limited to, a showing that the mediator or evaluator is personally acquainted with a party or has a conflict of interest or appearance thereof with one of the parties or attorneys, or is otherwise unable to perform his or her duties in a fair and impartial manner.

4) Complaints: Complaints about Family Court Services mediators and evaluators shall be addressed in writing to the Administrator, Family Court Services. A supervisor will review the complaint and the case file and discuss the matter with the individual mediator or evaluator who is the subject of the complaint. A written response will be sent to the person filing the complaint. If either the complainant or the mediator or evaluator is not satisfied with the action taken in connection with the complaint, it may be brought to the attention of the Manager. If appropriate, corrective and/or disciplinary action will be taken with the individual staff person involved.

5) Standards of Practice: It is the responsibility of the court to assure that mediators and evaluators adhere to the Standards of Practice as set forth in the California Rules of Court, Chapter 5. The quality of service is monitored on an on-going basis by: (1) Regular training and clinical supervision of Family Court Services clinical staff and their work; and (2) Review sheets completed by judicial officers on child custody evaluations.

(Rule 14.20 [7/1/04] amended, (c)6) Ex parte Communication REPEALED, and effective 1/1/07.)

(d) Training. Family Court Services mediators and evaluators must comply with all training required by the Family Law Code or California Rules of Court, Chapter 5, and maintain proof of compliance in the central office.

(Rule 14.20 [7/1/04] amended and effective 1/1/07.)