BILL NUMBER: AB 3051 ENROLLED
BILL TEXT
PASSED THE SENATE JUNE 26, 2008
PASSED THE ASSEMBLY JUNE 30, 2008
AMENDED IN SENATE JUNE 18, 2008
AMENDED IN SENATE MAY 29, 2008
AMENDED IN SENATE MAY 22, 2008
AMENDED IN ASSEMBLY MARCH 24, 2008
INTRODUCED BY Assembly Member Jones
FEBRUARY 28, 2008
An act to amend Section 1517 of the Probate Code, and to amend
Section 349 of the Welfare and Institutions Code, relating to
dependent children.
LEGISLATIVE COUNSEL'S DIGEST
AB 3051, Jones. Dependent children.
(1) Existing law regulates the establishment and termination of
guardianships. Existing law excepts from these provisions
guardianships that result from the selection and implementation of a
permanent plan for a child adjudged a dependent child of the court
under specified circumstances.
This bill would prohibit the guardianship laws described above
from being construed to prevent a court that assumes jurisdiction of
a minor child or a probate court, as specified, from issuing orders
or making appointments, on the motion of the child's counsel,
necessary to ensure the appropriate administration of funds for the
benefit of the child, as specified. The bill would provide that
orders or appointments established under these circumstances may
continue after the court's jurisdiction is terminated, as specified.
The bill also would correct obsolete cross-references in connection
with these provisions.
(2) Existing law entitles a minor who is the subject of a juvenile
court hearing involving dependent child proceedings to be present at
that hearing. The minor has the right to be represented at the
hearing by counsel of his or her own choice.
This bill would require the court to allow a minor who is the
subject of a juvenile court hearing involving dependent child
proceedings and who is present at the hearing, to address the court
and participate in the hearing, if the minor so desires.
(3) Existing law requires the court to determine whether a minor
was properly notified of his or her right to attend the hearing when
that minor is 10 years of age or older, is the subject of a juvenile
court hearing involving dependent child proceedings, and is not
present at the hearing.
This bill would also require the court to inquire whether the
minor was given an opportunity to attend the hearing. This bill would
require the court to continue the hearing to allow the minor to be
present, if the court finds the minor was not properly notified or if
he or she wished to be present and was not given an opportunity to
be present, unless the court finds that it is in the best interest of
the minor not to continue the hearing. The bill would require that
the court continue the hearing only for that period of time necessary
to provide notice and secure the presence of the child. The bill
would also authorize the court to issue any and all orders reasonably
necessary to ensure that the child has an opportunity to attend. The
bill would also declare that nothing in those provisions shall
prevent or limit any child's right to attend or participate in the
hearing.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature that all children
who want to attend their juvenile court hearings be given the means
and the opportunity to attend, that these hearings be set to
accommodate children's schedules, and that courtrooms and waiting
areas help facilitate their attendance and participation. It is also
the intent of the Legislature that juvenile courts promote
communication with, and the participation of, children in attendance
at hearings of which they are the subject, and that children
attending these hearings leave the hearing with a clear understanding
of what decisions the court made and why, and that the
Administrative Office of the Courts help promote these objectives.
SEC. 2. Section 1517 of the Probate Code is amended to read:
1517. (a) This part does not apply to guardianships resulting
from the selection and implementation of a permanent plan pursuant to
Section 366.26 of the Welfare and Institutions Code. For those
minors, Section 366.26 of the Welfare and Institutions Code and
Division 3 (commencing with Rule 5.500) of Title Five of the
California Rules of Court specify the exclusive procedures for
establishing, modifying, and terminating legal guardianships. If no
specific provision of the Welfare and Institutions Code or the
California Rules of Court is applicable, the provisions applicable to
the administration of estates under Part 4 (commencing with Section
2100) govern so far as they are applicable to like situations.
(b) This chapter shall not be construed to prevent a court that
assumes jurisdiction of a minor child pursuant to Section 300 of the
Welfare and Institutions Code, or a probate court, as appropriate,
from issuing orders or making appointments, on motion of the child's
counsel, consistent with Division 2 of the Welfare and Institutions
Code or Divisions 4 to 6, inclusive, of the Probate Code necessary to
ensure the appropriate administration of funds for the benefit of
the child. Orders or appointments regarding those funds may continue
after the court's jurisdiction is terminated pursuant to Section 391
of the Welfare and Institutions Code.
SEC. 3. Section 349 of the Welfare and Institutions Code is
amended to read:
349. (a) A minor who is the subject of a juvenile court hearing
and any person entitled to notice of the hearing under the provisions
of Sections 290.1 and 290.2, is entitled to be present at the
hearing.
(b) The minor and any person who is entitled to that notice has
the right to be represented at the hearing by counsel of his or her
own choice.
(c) If the minor is present at the hearing, the court shall allow
the minor, if the minor so desires, to address the court and
participate in the hearing.
(d) If the minor is 10 years of age or older and he or she is not
present at the hearing, the court shall determine whether the minor
was properly notified of his or her right to attend the hearing and
inquire whether the minor was given an opportunity to attend. If that
minor was not properly notified or if he or she wished to be present
and was not given an opportunity to be present, the court shall
continue the hearing to allow the minor to be present unless the
court finds that it is in the best interest of the minor not to
continue the hearing. The court shall continue the hearing only for
that period of time necessary to provide notice and secure the
presence of the child. The court may issue any and all orders
reasonably necessary to ensure that the child has an opportunity to
attend.
(e) Nothing in this section shall prevent or limit any child's
right to attend or participate in the hearing.