BILL ANALYSIS                                                                                                                                                                                                    



          
           AB 1229
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 1229 (Evans)
          As Amended August 10, 2010
          Majority vote 
           
           ----------------------------------------------------------------- 
          |ASSEMBLY:  |68-0 |(January 27,    |SENATE: |22-12|(August 18,    |
          |           |     |2010)           |        |     |2010)          |
           ----------------------------------------------------------------- 
            
           Original Committee Reference:    B. & P.  

           SUMMARY  :  Makes technical changes to the Judicial Council's  
          cost-recovery program to collect reimbursements for counsel  
          appointed by the court to represent parents or their children in  
          dependency cases.  Specifically,  this bill  allows the court to  
          designate a financial officer to make financial evaluations of  
          parents' liability for reimbursement of dependency costs.  
           
          The Senate amendments  make technical, clarifying changes.
           
          EXISTING LAW  :

          1)Permits the court to appoint counsel in a dependency case for  
            a parent or guardian of a dependent child when it appears to  
            the court that the parent or guardian wants counsel but is  
            currently unable to afford counsel.  Requires the court to  
            appoint counsel when the child is or may be placed in  
            out-of-home care, except as specified.  

          2)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.   
            Requires appointed counsel to have caseload and training that  
            assures adequate representation of the child.  

          3)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.  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.  

          4)Requires the Judicial Council to establish a cost-recovery  








          
           AB 1229
                                                                  Page  2

            program to collect reimbursements for counsel appointed by the  
            court to represent parents or their children in juvenile court  
            cases.  Requires the Judicial Council to develop a statewide  
            standard for determining ability to pay reimbursements for  
            counsel, as specified.  Requires that all funds collected  
            through this reimbursement program be used to reduce  
            dependency counsel caseloads.  

          5)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.  

          6)Allows a county board of supervisors to designate a financial  
            evaluation officer to make financial evaluations of liability  
            for specified reimbursement programs, including reimbursement  
            for legal services rendered to a minor, and specifies the  
            procedure for doing so.  

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
          to the version approved by the Senate.  

          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.

           COMMENTS  :  Last year, AB 131 (Evans), Chapter 413, Statutes of  
          2009, established a program for reimbursing the courts for the  
          costs of providing counsel to parents and their children in  
          dependency actions, if the parents have the financial ability to  
          do so.  In order to best protect children in dependency cases,  
          the law prevents repayment if doing so would harm a parent's  
          ability to support the child or pose a barrier to reunification.  
           This ensures that struggling families, who cannot afford to,  
          are not asked to repay the costs of dependency counsel.    

          Existing law allows a financial evaluation officer to make an  
          evaluation of a parent's financial condition to determine if  
          reimbursement of any or all of the dependency counsel costs are  
          appropriate.  This bill, sponsored by the Judicial Council,  
          clarifies that the financial evaluation officer may be an  
          employee of the court or may, with the agreement of the county,  
          be the county's financial evaluation officer.  









          
           AB 1229
                                                                  Page  3

          According to the author, the clean-up language in this bill  
          "would clarify that AB 131 intended that the courts could either  
          identify a financial evaluation officer on their own staff, or  
          with the agreement of the county, use the county's financial  
          evaluator.  However, the current language in AB 131 may be  
          misinterpreted as the courts needing the county's agreement to  
          create their own financial evaluation officer.  The Judicial  
          Council believes that the current language would create more  
          work for both sides to come to an agreement."

          SB 2160 (Schiff), Chapter 450, Statutes of 2000, directed the  
          Judicial Council, by July 1, 2001, to promulgate rules to  
          establish caseload standards, training requirements and  
          guidelines for appointment of counsel for children in dependency  
          cases.  The Judicial Council promulgated rules that mandated  
          appointment of counsel for children, at the trial court level,  
          in almost all cases.  In addition, the Administrative Offices of  
          the Courts contracted with the American Humane Association to  
          study dependency counsel caseloads and service delivery.  In a  
          June 2004 report, the American Humane Association recommended a  
          maximum caseload of 141 client cases per dependency attorney,  
          though they suggested that an optimal level would be 77.  

          The Judicial Council began testing the feasibility of the  
          standards and recommendations of the report through the  
          Dependency Representation, Administration, Funding and Training  
          (DRAFT) pilot program, with the goal of improving representation  
          of parents and children in dependency cases as cost-effectively  
          as possible.  Ten counties - Imperial, Los Angeles, Marin,  
          Mendocino, San Diego, San Joaquin, San Luis Obispo, Santa  
          Barbara, Santa Cruz and Stanislaus - initially began testing the  
          recommendations through a centralized dependency counsel  
          administrative model.  

          The DRAFT program has measured the effect of reduced caseloads  
          and increased compensation for dependency counsel on improved  
          well-being outcomes for children, with the average caseload in  
          DRAFT counties at 191 clients per attorney.   According to a  
          report by the Judicial Council, the DRAFT counties out-performed  
          non-DRAFT counties in improvements in key outcomes for children,  
          including decreased time for family reunification, less reentry  
          into the foster care system, decreased time to guardianship, and  
          increased placement with at least some siblings.  (Judicial  
          Council,  Dependency Counsel Caseload Standards: A Report to the  








          
          AB 1229
                                                                  Page  4

          California Legislature  (April, 2008).)

          As a result of the DRAFT program, the Judicial Council adopted a  
          modified caseload standard of 188 clients per dependency  
          attorney, with a half-time investigator or social worker per  
          attorney.  However, according to Judicial Council, the courts  
          lack sufficient funding to implement this recommendation.  As of  
          July, 2008, dependency counsel had an average caseload of 283  
          clients.  Judicial Council estimated it will cost an additional  
          $57.1 million to implement the adopted caseload standard.  

          According to a Judicial Council pilot project in San Joaquin and  
          Stanislaus Counties, between 7 and 10 percent of parents could  
          afford to provide, on average, $850 in reimbursement for  
          dependency counsel costs, for a total annual cost recovery of  
          $3.3 million to $4.8 million.  While the cost recovery will not  
          come close to bridging the $57.1 million funding shortfall, it  
          does provide some of the funding needed to reduce caseloads for  
          dependency counsel.  As a result of that pilot project, AB 131  
          was introduced and became effective this year.

          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, 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.  These important  
          evaluations ensure that the cost recovery program not be used to  
          impoverish already financially struggling families, and that  
          cost recovery efforts do not inadvertently cause families to  
          choose between repaying their debt to the courts and providing  
          their families with needed food, shelter and medical care.   
          Amendments taken in the Senate last year lacked 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  
          evaluation officer to make the financial evaluations of whether  
          parents can afford to reimburse the court for the costs of  
          dependency counsel.  This bill's clarification ensures that  
          financial officers can be easily appointed.

           








          
          AB 1229
                                                                  Page  5

          Analysis Prepared by  :    Leora Gershenzon / JUD. / (916)  
          319-2334 



                                                               FN: 0005338