Governor Signs Three Wolk Bills

Legal guardian visitation bill, relative caregiver background check bill, and autistic defendant diversion bill become law

□ AB 2292 allows the courts to determine if visitation should be granted to a child's former guardian, if that guardian had full custody of the child and the guardianship was terminated because the child was reunified with their parent. Current law authorizes a court to grant reasonable visitation to a stepparent or a grandparent of a minor child if the court determines it is in the best interest of a child.

□ AB 1986 will allow California counties to continue to exempt relative caregivers from certain criminal convictions when the relative is of good moral character and does not present a risk of harm to the child. Exempting certain criminal convictions in emergency situations allows counties to place children who have been taken from their homes, with relatives who will love and care for them.

□ AB 1956 clarifies provisions in state law allowing people with mental retardation to be diverted from the criminal justice system. With the enactment of AB 1956, people with autism can also be diverted.

"Children need security. They need to be surrounded by people who love them," said Assemblywoman Wolk. "AB 2292 allows a court to determine if continued interaction between children and their former caretakers is in the best interest of a child. AB 2292 gives the courts authority to reunite children with former guardians, providing children with continuity and a wider support group.

"AB 1986 allows a county to determine if placing a child with a relative, even one with a minor criminal conviction, is in the best interest of the child," continued Wolk. "Every situation involving children and their caregivers is unique. My bills require counties and courts to make decisions based on what is best for the child, rather than a one-size-fits-all solution for every child in the state.

"AB 1956 helps the court system give due consideration to the cases of autistic defendants, who have a neurological disorder impairing their ability to communicate and interact socially," said Assemblywoman Wolk. "The measure will help prosecutors and judges interpret diversion law, and will cut costs and increase productivity by avoiding costly and time-consuming hearings."

AB 1956 was supported by Los Angeles County District Attorney's Office, California District Attorneys Association, California Attorneys for Criminal Justice, California Public Defenders Association, and Protection

and Advocacy. AB 1986 was supported by the California Welfare Directors Association of California, the Girl Scouts Councils of California, and the Junior League State Public Affairs Committee. AB 2292 was supported by numerous organizations including the California Judges Association, the Family Law Section of the State Bar, Legal Services for Children, and Northern California Association of Counsel for Children. All three measures received bipartisan support in the Legislature and will take effect on January 1, 2005.