BILL NUMBER: SB 179	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Runner

                        FEBRUARY 17, 2009

   An act to amend Sections 248, 250, and 395 of the Welfare and
Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 179, as introduced, Runner. Juvenile law: referee.
   Existing law requires a referee to hear cases assigned to him or
her by the presiding judge of the juvenile court. Existing law
provides that all orders of a juvenile court referee become
immediately effective, except as specified. Existing law requires the
referee to furnish to the presiding judge and the minor, if the
minor is 14 years of age or older or makes that request, and to serve
upon the minor's attorney and the minor's parent, guardian, or adult
relative and that person's attorney, a written copy of the referee's
findings and order, and to furnish to the minor and the parent,
guardian, or adult relative, with the findings and order, a written
explanation of the right of those persons to seek review of the order
by the juvenile court. Existing law requires that service made
pursuant to these provisions be made by mail, as specified.
   This bill would require that service be made in court on a minor,
parent, or guardian who is present in court on the date that the
findings and order of the referee are made. The bill would require
service of the findings and order by mail to a minor, parent, or
guardian who was not present in court when those findings and order
were made, except as specified, and would require the mailing to
include the written explanation of the right to seek review of the
order, as required pursuant to the provision described above. The
bill would require that a notice of appeal be filed within 30 days
after rendition of a judgment or the making of the order being
appealed, or, in matters heard by a referee not acting as a temporary
judge, within 30 days after the referee's order becomes final. The
bill would also provide that an order of a referee becomes final no
later than 180 days after it is made.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 248 of the Welfare and Institutions Code is
amended to read:
   248.   (a)    A referee shall hear  such
  those  cases  as   that
 are assigned to him or her by the presiding judge of the
juvenile court, with the same powers as a judge of the juvenile
court, except that a referee shall not conduct any hearing to which
the state or federal constitutional prohibitions against double
jeopardy apply unless all of the parties thereto stipulate in writing
that the referee may act in the capacity of a temporary judge. A
referee shall promptly furnish to the presiding judge of the juvenile
court and the minor, if the minor is 14 or more years of age or if
younger has so requested, and shall serve upon the minor's attorney
of record and the minor's parent or guardian or adult relative and
the attorney of record for the minor's parent or guardian or adult
relative a written copy of his or her findings and order and shall
also furnish to the minor, if the minor is 14 or more years of age or
if younger has so requested, and to the parent or guardian or adult
relative, with the findings and order, a written explanation of the
right of  such   those  persons to seek
review of the order by the juvenile court.
    (b)    Service, as provided in this section,
shall be  made as follows: 
    (1)     If a minor, parent, or guardian is
present in court at the time the findings and order are made, then
the findings and order shall be served in court on any minor, parent,
or guardian who is present in court on that date and a written
explanation of the right to seek review of the order as required
pursuant to subdivision (a) shall be furnished at that time. 
    (2)     If paragraph (1) is not applicable,
service shall be made  by mail to the last known address of
 such   those  persons or to the address
designated by  such   those  persons
appearing at the hearing before the referee  and the mailing
shall include, if applicable, the written explanation of the right to
seek review of the order.   If the parent, guardian, or
minor does not have a last known address designated, then service by
mail shall be to that party in care of his or her counsel. If a
parent or guardian does not have a last known address designated, and
is not represented by counsel, service by mail or otherwise to that
person is not required  .
  SEC. 2.  Section 250 of the Welfare and Institutions Code is
amended to read:
   250.  Except as provided in Section 251, all orders of a referee
other than those specified in Section 249 shall become immediately
effective, subject also to the right of review as hereinafter
provided, and shall continue in full force and effect until vacated
or modified upon rehearing by order of the judge of the juvenile
court. In a case in which an order of a referee becomes effective
without approval of a judge of the juvenile court, it becomes final
on the expiration of the time allowed by Section 252 for application
for rehearing, if application therefor is not made within 
such   that  time and if the judge of the juvenile
court has not within  such   that  time
ordered a rehearing pursuant to Section 253.  Notwithstanding any
other law, an order of a referee becomes final no later than 180
days after the order is made. 
   Where a referee sits as a temporary judge, his or her orders
become final in the same manner as orders made by a judge.
  SEC. 3.  Section 395 of the Welfare and Institutions Code is
amended to read:
   395.  (a) (1) A judgment in a proceeding under Section 300 may be
appealed in the same manner as any final judgment, and any subsequent
order may be appealed as an order after judgment  , except as
provided in this section. A notice of appeal shall be filed within 30
days after the rendition of the judgment or the making of the order
being appealed. In matters heard by a referee not acting as a
temporary judge, a notice of appeal must be filed within 30 days
after the referee's order becomes final pursuant to subdivision (c)
of Rule 5.540 of the California Rules of Court, as the rule read on
January 1, 2008  . However, that order or judgment shall not be
stayed by the appeal, unless, pending the appeal, suitable provision
is made for the maintenance, care, and custody of the person alleged
or found to come within the provisions of Section 300, and unless the
provision is approved by an order of the juvenile court. The appeal
shall have precedence over all other cases in the court to which the
appeal is taken.
   (2) A judgment or subsequent order entered by a referee shall
become appealable whenever proceedings pursuant to Section 252, 253,
or 254 have become completed or, if proceedings pursuant to Section
252, 253, or 254 are not initiated, when the time for initiating the
proceedings has expired.
   (3) An appellant unable to afford counsel, shall be provided a
free copy of the transcript in any appeal.
   (4) The record shall be prepared and transmitted immediately after
filing of the notice of appeal, without advance payment of fees. If
the appellant is able to afford counsel, the county may seek
reimbursement for the cost of the transcripts under subdivision (d)
of Section 68511.3 of the Government Code as though the appellant had
been granted permission to proceed in forma pauperis.
   (b) (1) In any appellate proceeding in which the child is an
appellant, the court of appeal shall appoint separate counsel for the
child. If the child is not an appellant, the court of appeal shall
appoint separate counsel for the child if the court of appeal
determines, after considering the recommendation of the trial counsel
or guardian ad litem appointed for the child pursuant to subdivision
(e) of Section 317, Section 326.5, and California Rule of Court
1448, that appointment of counsel would benefit the child. In order
to assist the court of appeal in making its determination under this
subdivision, the trial counsel or guardian ad litem shall make a
recommendation to the court of appeal that separate counsel be
appointed in any case in which the trial counsel or guardian ad litem
determines that, for the purposes of the appeal, the child's best
interests cannot be protected without the appointment of separate
counsel, and shall set forth the reasons why the appointment is in
the child's best interests. The court of appeal shall consider that
recommendation when determining whether the child would benefit from
the appointment of counsel. The Judicial Council shall implement this
provision by adopting a rule of court on or before July 1, 2007, to
set forth the procedures by which the trial counsel or guardian ad
litem may participate in an appeal, as well as the factors to be
considered by the trial counsel or guardian ad litem in making a
recommendation to the court of appeal, including, but not limited to,
the extent to which there exists a potential conflict between the
interests of the child and the interests of any respondent.
   (2) The Judicial Council shall report to the Legislature on or
before July 1, 2008, information regarding the status of appellate
representation of dependent children, the results of implementing
this subdivision, any recommendations regarding the representation of
dependent children in appellate proceedings made by the California
Judicial Council's Blue Ribbon Commission on Children in Foster Care,
any actions taken, including rules of court proposed or adopted, in
response to those recommendations or taken in order to comply with
the Child Abuse Prevention and Treatment Act, as well as any
recommendations for legislative change that are deemed necessary to
protect the best interests of dependent children in appellate
proceedings or ensure compliance with the Child Abuse Prevention and
Treatment Act.