California Government Code

§ 6209.7

GOV § 6209.7 Effective Jan 1, 2024Div. 7 · Title 1 · Ch. 3.1

Statute text

(a)Nothing in this chapter, nor participation in this program, affects custody or visitation orders in effect before or during program participation. A program participant who falsifies their location in order to unlawfully avoid custody or visitation orders is subject to immediate termination from the program and is guilty of a misdemeanor.

(b)(1) The fact that a participant is registered with the program shall create a rebuttable presumption that disclosure of information about the participant’s location and activities during the period of the registration, including, but not limited to, the participant’s current and past residential, work, or school addresses and other location information, would lead to the discovery of the participant’s actual residential address or physical location, would endanger the safety of the participant, and is not authorized.

(2)This subdivision creates a presumption affecting the burden of producing evidence and may be rebutted by clear and convincing evidence showing, among other things, that discovery of the information about the participant’s location and activities would not lead to discovery of the participant’s actual residential address or physical location and would not endanger the safety of the participant. The presumption shall not be rebutted merely by the other parent’s desire to know the participant’s address, and the court shall weigh participant safety. If a court finds the presumption is rebutted, it shall provide its reasons on the record.

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Legislative history

Repealed (in Sec. 12) and added by Stats. 2023, Ch. 642, Sec. 13. (AB 243) Effective January 1, 2024. Operative July 1, 2024, by its own provisions.