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.


                                                                SB 179

           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  

           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 



                                                                SB 179

          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,  

          RJG:mw  6/22/10                  Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****