BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   SB 179|
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                                 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.) 

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          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


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           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

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