AMENDS CHILD DEPENDENCY AND CUSTODY HEARING PROCEDURES. INITIATIVE STATUTE. (21-0004A1)
Amendment Title:
"Duty to Verify All Allegations Against Child and Parent Prior to Jury Trial." (Amendment to 21-0004, Right to Jury Trial for Child Dependency and Child Custody Determination Initiative Statute")
Amendment Summary:
The court has a duty to verify beyond a reasonable doubt all allegations against child(ren), parent(s) or guardian(s) prior to jury-trial, and to dismiss the case and return the child(ren) where allegations are not verifiable. All associated costs are barred from the taking of money from parent's and guardian's or the established estate of any kind for the child(ren) for any part of the jury or court process.
Amendment:
Amend Welf & IC § 350 as follows: "The court must allow the child(ren)'s testimony when the child desires and demands to be heard to preserve and promote the child's best interest. The court has a duty to verify whether the child(ren) was properly notified and allowed a respectfulness to the child(ren)'s comfort zone to timely respond without intervention, coercion or prior tampering. Any coerced child(ren) remarks shall deem a jury determination of the child(ren) emergency re-placement into a trusted home of the parents or guardian's choice."
Amend Welf & IC § 317(c) as follows: "All child(ren) has a right to effective representation, whether court-appointed, or private representation and the representation is allowed to be paid by his or her parents or guardians. The child(ren) reserves the right to choose his or her representation. And the child(ren) has a right to privately consult 45 minutes with their parents or guardians prior to court regarding representation."
Amend Welf & IC § 366.26 as follows: "The court has a duty to verify beyond a reasonable doubt of all the allegations against parents and guardians to prevent the unnecessary removal of children from innocent parents or guardians; and to prevent the breaking of the strong-bond-relationship between guardian or father, mother, and child(ren) which is detrimental and will cause irreversible harm to any family."
Amend Welf & IC § 366.21 as follows: "The court has a duty to acknowledge and accept all efforts and evidence that the parents and guardians made in submission to the case plan, and not call the efforts a failure when the parents or guardians are fully following instructions. As this acknowledgment will promote national respect for the judicial system and encourage family unity."
Amend Welf & IC § 600 et seq. as follows: "To allow Jury Trial findings prior to the court rendering federal and state funding; and to bar the taking of any moneys, or of monetary value from the parents or guardians. It will not be fair to remove child(ren) from the parents and guardians and expect them to pay for the court's orders while losing child(ren) that they've already spent a fortune to raise. The court or jury is prohibited from causing more lost for American parents and guardians for supporting what the court wants for their children instead of having the parents or guardian's decision. Whenever the family's fate is decided by the court, the court should arrange payment if it's out of the parents and guardians' control."
Amend Welf & IC § 366.25(a)(1) as follows: "The determination of whether returning a child and the continued removal of a child is by the jury trial's determination: where the jury trial participants are selected by the parent or parent-appointed guardians."
Amend Welf & IC § 366.26(i) as follows: "Parents have the right to challenge the juvenile court for lack of notice or given parents and children the right to jury trial when order of terminating parental rights is final."
Amend Welf & IC § 388 as follows: "Allow families: parents, guardians, siblings, or children, the right to reopen closed cases where the case hearings did not include jury trials before receiving a ruling or determination for the permanent placement of children."
California Child Custody Determination by Jury Initiative (21-0004)
Proposed Title:
Right to a Jury Trial for Child Dependency and Child Custody Determinations.
Initiative Statute Proposed Summary:
Gives parties in child dependency and child custody court proceedings the right to demand that a jury, rather than a judge, determines if a parent is to lose legal rights to their child(ren). Provides that findings in child dependency and child custody court proceedings may be made by a jury, as a matter of right. Prohibits a judge from rejecting a jury’s findings.
Proposed:
Amend California Welfare and Institutions Code, Division 2, Part 1, Chapter 2, Article 9, §356 as follows “After hearing the evidence, the court, or the jury as a matter of right, shall make a finding if the minor is a person described by Section 300 and the specific subdivisions of Section 300 under which the petition is sustained. If it finds that the minor is not such a person, it shall order that the petition be dismissed and the minor be discharged from any detention or restriction previously ordered. If it finds that the minor is such a person, it shall make and enter its findings and the court shall make orders accordingly.”
Amend the California Code of Civil Procedures §592 as follows: “In actions for the recovery of specific, real, or personal property, with or without damages, or for money claimed as due upon contract, or as damages for breach of contract, or for injuries, or for a party to retain legal rights to their child(ren), an issue of fact must be tried by a jury, unless a jury trial is waived, or a reference is ordered, as provided in this Code.”
Amend California Family Code §3022 as follows: ”This section shall be known as Luke’s Law. The court may, during the pendency of a proceeding or any time thereafter, make an order for the custody of a child during minority that seems necessary or proper; or, as a matter of right, a party may demand a trial by jury. The court may not contravene a jury verdict on the appointment of joint legal custody.”
Learn about the initiative process on Ballotpedia