SB 179 Senate Bill

BILL NUMBER: SB 179	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2009
	AMENDED IN SENATE  MARCH 23, 2009

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 amended, 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 allow service to 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 those cases 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 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 may
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  ,   within the time period specified in Section
248.5,  to the last known address of those persons or to the
address designated by 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. 
  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 that time
and if the judge of the juvenile court has not within 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.   SEC. 2.   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 are 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.