BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 179| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 179 Author: Runner (R) Amended: 5/20/10 Vote: 21 SENATE JUDICIARY COMMITTEE : 5-0, 3/31/09 AYES: Corbett, Harman, Florez, Leno, Walters SENATE FLOOR : 32-2, 4/16/09 AYES: Aanestad, Alquist, Ashburn, Benoit, Cogdill, Corbett, Cox, Denham, DeSaulnier, Dutton, Florez, Hancock, Harman, Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal, Maldonado, Padilla, Pavley, Romero, Runner, Steinberg, Strickland, Walters, Wiggins, Wolk, Wright, Wyland, Yee NOES: Correa, Negrete McLeod NO VOTE RECORDED: Calderon, Cedillo, Ducheny, Oropeza, Simitian, Vacancy ASSEMBLY FLOOR : 75-0, 6/21/10 - See last page for vote SUBJECT : Juvenile law: referee SOURCE : Los Angeles County Board of Supervisors DIGEST : This bill 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. CONTINUED SB 179 Page 2 Assembly Amendments deleted provisions shortening the appeal time period. ANALYSIS : Existing law requires a referee to hear cases assigned to him or her by the presiding judge of the juvenile court. (Section 248 of the Welfare and Institutions Code [WIC]) 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. (WIC Section 248) 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. (WIC Section 248) Existing law requires that service made pursuant to these provisions be made by mail. (WIC 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. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/22/10) Los Angeles County Board of Supervisors (source) California State Association of Counties California Welfare Directors Association San Bernardino County Board of Supervisors CONTINUED SB 179 Page 3 Family Law Section of the State Bar ARGUMENTS IN SUPPORT : The author 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." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall, Bill Berryhill, Tom Berryhill, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Charles Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Garrick, Gatto, Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Knight, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin, Salas, Saldana, Silva, Smyth, Solorio, Audra Strickland, Swanson, Torlakson, Torres, Torrico, Tran, Villines, Yamada, John A. Perez NO VOTE RECORDED: Blakeslee, Galgiani, Jones, Skinner, Vacancy RJG:mw 6/22/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED