Become part of the movement for unbiased, accessible election information. Donate today.
California Child Dependency and Custody Hearings Initiative (2022)
| California Child Dependency and Custody Hearings Initiative | |
|---|---|
 | |
| Election date November 8, 2022 | |
| Topic Divorce and custody | |
| Status Not on the ballot | |
| Type State statute | Origin Citizens |
The California Child Dependency and Custody Hearings Initiative (#21-0004) was not on the ballot in California as an initiated state statute on November 8, 2022.
The ballot measure would have amended child dependency and custody proceedings laws to provide a right to jury trial and require the court to verify beyond a reasonable doubt allegations against parents in hearings to eliminate parental rights.[1]
Text of the measure
Ballot title
The ballot title was as follows:[2]
| “ |
Amends Child Dependency and Custody Hearing Procedures. Initiative Statute.[3] |
” |
Petition summary
The summary provided for inclusion on signature petition sheets was as follows:[2]
| “ |
Amends certain laws regarding child dependency and custody proceedings to provide a right to jury trial, including in hearings to terminate parental rights, establish guardianship, or make permanent prior temporary custody placements, and increase burden of proof for allegations against parents in hearings to terminate parental rights. Authorizes specified parties to reopen closed dependency court proceedings where a jury trial was not provided, in order to seek modification of prior orders regarding the permanent placement of children. Provides children a right to counsel of their own choice in dependency court.[3] |
” |
Fiscal impact
The fiscal impact statement was as follows:[2]
| “ |
Unknown fiscal impact on state courts that would depend significantly on how the measure is interpreted and implemented by the courts and the number of individuals who choose to reopen closed juvenile dependency cases. Potential unknown increase in county costs – some or all of which could be shifted to the state – that would depend on various factors including the number of individuals who choose to reopen closed juvenile dependency cases.[3] |
” |
Full text
The full text is available here.
Path to the ballot
Process in California
In California, the number of signatures required for an initiated state statute is equal to 5 percent of the votes cast in the preceding gubernatorial election. Petitions are allowed to circulate for 180 days from the date the attorney general prepares the petition language. Signatures need to be certified at least 131 days before the general election. As the verification process can take multiple months, the secretary of state provides suggested deadlines for ballot initiatives.
The requirements to get initiated state statutes certified for the 2022 ballot:
- Signatures: 623,212 valid signatures were required.
- Deadline: The deadline for signature verification was 131 days before the general election, which was around June 30, 2022. However, the process of verifying signatures can take multiple months and proponents are recommended to file signatures at least two months before the verification deadline.
Signatures are first filed with local election officials, who determine the total number of signatures submitted. If the total number is equal to at least 100 percent of the required signatures, then local election officials perform a random check of signatures submitted in their counties. If the random sample estimates that more than 110 percent of the required number of signatures are valid, the initiative is eligible for the ballot. If the random sample estimates that between 95 and 110 percent of the required number of signatures are valid, a full check of signatures is done to determine the total number of valid signatures. If less than 95 percent are estimated to be valid, the initiative does not make the ballot.
Initiative #20-0004
The Attorney General of California issued ballot language for the initiative on July 2, 2021, allowing a signature drive to begin. Signatures were due on December 29, 2021; signatures were not filed by the deadline.
See also
External links
Footnotes
- ↑ California Attorney General, "Initiative 21-0004," May 26, 2021
- ↑ 2.0 2.1 2.2 California Secretary of State, "Initiatives and Referenda Cleared for Circulation," accessed July 8, 2021
- ↑ 3.0 3.1 3.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
 |
State of California Sacramento (capital) |
|---|---|
| Elections |
What's on my ballot? | Elections in 2025 | How to vote | How to run for office | Ballot measures |
| Government |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |
