§ 6323.5. — 6323.5. (Added by Stats. 2021, Ch. 129, Sec. 2.)

California § 6323.5.

• Jurisdiction: California
• Code FAM: Family Code - FAM
• Div. 10.: DIVISION 10. PREVENTION OF DOMESTIC VIOLENCE
• Part 4.: PART 4. PROTECTIVE ORDERS AND OTHER DOMESTIC VIOLENCE PREVENTION ORDERS
• Ch. 2.: CHAPTER 2. Issuance of Orders
• Art. 1.: ARTICLE 1. Ex Parte Orders

Text

(a)
For purposes of this section, the following definitions apply:
(1)
“Discretionary services organization” includes any organization that provides nonessential services to children, such as recreational activities, entertainment, and summer camps. “Discretionary services organization” also
includes a place of employment of a minor described in subdivision (b).
(2)
“Essential care provider” includes a public or private school, health care facility, daycare facility, dental facility, or other similar organization that frequently provides essential social, health, or care services to children.
(b)
(1)
Notwithstanding Section 3025, and in accordance with Section 6322, a court may include in an ex parte order a provision restraining a party from accessing records and information pertaining to the health care, education, daycare, recreational activities, or employment of a minor child of the parties.
(2)
A parent or guardian may provide a copy of an order
with a provision specified in paragraph (1) to an essential care provider or a discretionary services organization, or both.
(c)
(1)
(A)
An essential care provider shall, on or before February 1, 2023, develop protocols relating to the provider’s compliance with the order described in subdivision (b), including, at a minimum, designating the appropriate personnel responsible for receiving the protective order, establishing a means of
ensuring that the restrained party is not able to access the records or information, and implementing a procedure for submission of a copy of an order and for providing the party that submits the copy of the order with documentation indicating when, and to whom, the copy of the order was submitted.
(B)
A discretionary services organization that is provided an order described in subdivision (b), shall develop the protocols specified in paragraph (1) within 30 days of receipt of the first order.
(2)
If an essential care provider or discretionary services organization is provided with a copy of an order described in subdivision
(b), the essential care provider or discretionary services organization shall not release information or records pertaining to the child to the restrained party. This requirement applies regardless of whether the essential care provider or discretionary services organization has finalized the protocols described in paragraph (1).
(d)
The Judicial Council shall develop or update any forms or rules of court that are necessary to implement this section.
(e)
This section shall become operative on January 1, 2023.

Legislative History

Added by Stats. 2021, Ch. 129, Sec. 2. (SB 24) Effective January 1, 2022. Operative January 1, 2023, by its own provisions.