BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 179| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 179 Author: Runner (R) Amended: 4/14/09 Vote: 21 SENATE JUDICIARY COMMITTEE : 5-0, 3/31/09 AYES: Corbett, Harman, Florez, Leno, Walters SUBJECT : Juvenile law: referee SOURCE : Los Angeles County Board of Supervisors DIGEST : This bill (1) provides that a party who is present at the termination of rights hearing before a commissioner or referee may be served at that time with the findings, the order, and an explanation of the right to appeal the termination order, and (2) shortens the time period to appeal a judgment in juvenile proceedings from 60 days to 30 days. ANALYSIS : Existing law requires a referee to hear cases assigned to him or her by the presiding judge of the juvenile court. (Welfare & Institutions Code Section 248.) 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, a written copy of the referee's findings and order. (Welfare & Institutions Code Section 248.) CONTINUED SB 179 Page 2 Existing law also requires the referee to furnish to the minor and the parent, guardian, or adult relative, with the findings and the order, a written explanation of the right of those persons to seek review of the order by the juvenile court. (Welfare & Institutions Code Section 248.) Existing law requires that service made pursuant to these provisions be made by mail. (Welfare & Institutions Code Section 248.) This bill allows service be made in court on a minor, parent, or guardian who is present in court on a date that the findings and order of the referee are made. This bill requires 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. Existing rules of court provide that a notice of appeal in juvenile cases must be filed within 60 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 60 days after the referee's order becomes final. (California Rules of Court, Rule 8.400.) Existing rules of court provide that an order of a referee not acting as a temporary judge becomes final 10 calendar days after service of a copy of the order and findings has been provided to the parent, guardian, and minor's counsel. (California Rules of Court, Rule 5.540.) This bill requires a notice of appeal be filed within 30 days after the rendition of judgment or the making of an 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No CONTINUED SB 179 Page 3 SUPPORT : (Verified 4/14/09) Los Angeles County Board of Supervisors (source) California State Association of Counties California Welfare Directors Association San Bernardino County Board of Supervisors Family Law Section of the State Bar ARGUMENTS IN SUPPORT : The author's office states, "Following the issuance of a TPR order, if an appeal is filed by a birth parent, adoptive families face the distressing possibility of losing children they love and plan to adopt. The appeal period is marked by a high level of uncertainty and anxiety for families who have developed strong emotional attachments to these children. SB 179 will reduce appellate delays and minimize the emotional stress endured by prospective adoptive families; will advance timely permanency; and will result in more happy endings for these children and their prospective families." RJG:cm 4/14/09 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED