Family Conciliation Courts in California

Division 5, Part 1, Chapter 2 of the California Family Code deals with family conciliation courts in this state. Section 1810 requires each superior court to exercise the jurisdiction conferred by this part. While sitting in the exercise of this jurisdiction, the court is known and referred to as the “family conciliation court.”

Section 1811 requires the presiding judge of the superior court to annually designate each January at least one judge to hear all cases under this part. Section 1812 allows the judge of the family conciliation court to transfer any case before the family conciliation court to the department of the presiding judge of the superior court for assignment for trial or other proceedings by another judge of the court, whenever in the opinion of the judge of the family conciliation court the transfer is necessary to expedite the business of the family conciliation court or to ensure the prompt consideration of the case.

Section 1813 authorizes the presiding judge of the superior court to appoint a judge of the superior court other than the judge of the family conciliation court to act as judge of the family conciliation court during any period when the judge of the family conciliation court is on vacation, absent, or for any reason unable to perform the duties as judge of the family conciliation court.

Section 1814 allows the superior court to appoint one supervising counselor of conciliation and one secretary to assist the family conciliation court in disposing of its business and carrying out its functions. When superior courts by contract have established joint family conciliation court services, the contracting courts jointly may make the appointments under this subdivision. The supervising counselor of conciliation has eight specified powers. The classification and salaries of persons appointed under this section are determined as specified.

Section 1815 requires a person employed as a supervising counselor of conciliation or as an associate counselor of conciliation to have seven specified minimum qualifications. The family conciliation court may substitute additional experience for a portion of the education, or additional education for a portion of the experience, required,

Section 1816 defines the terms “eligible provider” and “evaluator.” An evaluator is required to participate in a program of continuing instruction in domestic violence, including child abuse, as may be arranged and provided to that evaluator. This training may utilize domestic violence training programs conducted by nonprofit community organizations with an expertise in domestic violence issues. Areas of basic instruction are required to include at least seven specified topics.

In addition, an evaluator is required to complete 16 hours of advanced training within a 12-month period. Four hours of that advanced training must include community resource networking intended to acquaint the evaluator with domestic violence resources in the geographical communities where the family being evaluated may reside. Twelve hours of instruction, as approved by the Administrative Office of the Courts, must include specified topics. After an evaluator has completed the advanced training, that evaluator must also complete four hours of updated training annually that includes specified topics.

Section 1817 requires the probation officer in every county to give assistance to the family conciliation court that the court may request and exercise all the powers and perform all the duties granted or imposed by the laws of this state relating to probation or to probation officers.

Section 1818 requires all superior court hearings or conferences in proceedings under this part to be held in private and the court must exclude all persons except the officers of the court, the parties, their counsel, and witnesses. The court cannot allow ex parte communications. The files of the family conciliation court are closed.

Section 1819 authorizes, upon order of the judge of the family conciliation court, the supervising counselor of conciliation to destroy any record, paper, or document filed or kept in the office of the supervising counselor of conciliation which is more than two years old.

Section 1820 allows a court to contract with any other court or courts to provide joint family conciliation court services.