BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1229|
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THIRD READING
Bill No: AB 1229
Author: Evans (D)
Amended: 8/10/10 in Senate
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-2, 6/10/10
AYES: Corbett, Hancock, Leno
NOES: Harman, Walters
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 68-0, 1/27/10 - See last page for vote
SUBJECT : Juvenile court costs
SOURCE : Judicial Council
DIGEST : This bill authorizes the court to designate a
court financial evaluation officer to make evaluations of
liability for reimbursement for the costs of legal services
rendered to a minor in dependency proceedings. This bill
also requires both the court financial evaluation officer
and the county financial evaluation officer to follow the
specific procedures set fourth for county financial
evaluation officers.
Senate Floor Amendments of 8/10/10 add clarifying language.
ANALYSIS : Existing law permits the court to appoint
counsel in a dependency case for a parent or guardian of a
CONTINUED
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dependent child when it appears to the court that the
parent or guardian wants counsel but is currently unable to
afford counsel. Existing law requires the court to appoint
counsel when the child is or may be placed in out-of-home
care, except as specified. (Welfare & Institutions Code
Section 317(a), (b).)
Existing law requires the court to appoint counsel for an
unrepresented child in a dependency case, unless the court
finds that the child would not benefit from the appointment
of counsel. Existing law requires appointed counsel to
have a caseload and training that assures adequate
representation of the child. (Welfare & Institutions Code
Section 317(c); Rule of Court 5.660.)
Existing law provides that a person liable for support of a
minor shall be liable to the county for the costs of legal
services rendered to the minor by an attorney. Existing
law provides that there is no liability for legal services
if the petition to declare the minor a dependent of the
court is dismissed at or before the jurisdictional hearing.
(Welfare & Institutions Code Section 903.1.)
Existing law requires the Judicial Council to establish a
cost-recovery program to collect reimbursements for counsel
appointed by the court to represent parents or their
children in juvenile court cases. Existing law requires
the Judicial Council to develop a statewide standard for
determining ability to pay reimbursements for counsel, as
specified. Existing law requires that all funds collected
through this reimbursement program be used to reduce
dependency counsel caseloads. (Welfare & Institutions Code
Section 903.47.)
Existing law allows the court, with the consent of the
county and pursuant to terms and conditions agreed upon by
the court and county, to designate a financial evaluation
officer to make financial evaluations of liability for
reimbursement for legal services rendered to a minor, as
provided. (Welfare & Institution Code Section 903.47.)
Existing law allows a county board of supervisors to
designate a financial evaluation officer to make financial
evaluations of liability for specified reimbursement
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programs, including reimbursement for legal services
rendered to a minor, and specifies the procedure for doing
so. (Welfare & Institution Code Section 903.45.)
This bill clarifies that the court may designate a
financial officer to make financial evaluations of parents'
liability for reimbursement of dependency costs.
Prior Legislation
AB 131 (Evans), Chapter 413, Statutes of 2009, establishes
a program whereby parents who have the ability to do so are
required to reimburse the cost of providing counsel to the
parents and their children in dependency actions.
SB 2160 (Schiff), Chapter 450, Statutes of 2000, requires
the court to appoint counsel in almost all dependency
cases. The bill also requires the court to determine,
prior to appointment of counsel, that counsel has a
caseload and training that allows adequate representation
of the dependent child.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/11/10)
Judicial Council
ARGUMENTS IN SUPPORT : According to the author's office,
this bill makes a technical clarification to ensure that
courts can appoint a financial evaluation officer to
determine a parent's ability to repay the costs of
dependency counsel. Under AB 131 (Evans), a financial
evaluation officer, in determining a parent's ability to
pay, must consider the family's income, the necessary
obligations of the family, and the number of individuals
dependent on that income. However, the author's office
states that AB 131 lacks clarity as to whether a court
needed county consent to appoint its own financial
evaluation officer. This bill clarifies that the court may
appoint its own financial evaluation officer or, with the
consent of the county, may use the county financial
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evaluation officer to conduct financial evaluations under
the cost-recovery program.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill
Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Chesbro, Cook, Coto, De La Torre, Emmerson,
Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller,
Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, John A. Perez, Portantino, Ruskin, Saldana,
Silva, Skinner, Smyth, Solorio, Audra Strickland,
Swanson, Torres, Torrico, Tran, Villines, Yamada
NO VOTE RECORDED: Carter, Conway, Davis, De Leon, DeVore,
Hall, V. Manuel Perez, Salas, Torlakson, Bass
RJG:do 8/11/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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