BILL NUMBER: AB 73 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 31, 2011
INTRODUCED BY Assembly Member Feuer
DECEMBER 21, 2010
An act to add Section 346.5 to the Welfare and Institutions
Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 73, as amended, Feuer. Dependency proceedings: public access.
Existing law provides that the public shall not be admitted to a
juvenile court hearing in a dependency proceeding, unless requested
by a parent or guardian and consented to or requested by the minor
concerning whom the petition has been filed. Existing law permits the
judge or referee to admit those persons as he or she deems to have a
direct and legitimate interest in the particular case or the work of
the court.
This bill would express the intent of the Legislature to
enact legislation to provide that require, contingent
upon the securing of private funding, the Judicial Council to
establish a 4-year pilot project in 3 counties to create a
presumption that juvenile court hearings in juvenile dependency
cases shall be presumptively
open to the public, unless the court finds that admitting the public
would not be in a child's best interest , as provided. The bill
would require the Judicial Council to contract with an independent
organization to conduct an evaluation and prepare a report to the
Legislature regarding the results of the pilot project, as specified
. The bill would also include a related statement of
legislative findings and declarations.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Many states increasingly permit or require public access to
juvenile court hearings in juvenile dependency cases involving abuse
and neglect.
(b) Pursuant to Section 346 of the Welfare and Institutions Code,
California is currently among the states that require that all
proceedings in juvenile dependency matters be closed to the public,
except under specified circumstances.
(c) It is difficult for the public or the
Legislature to address problems or inadequacies in a system if the
system is hidden from public view. Public access to juvenile
court hearings has the benefit benefits
of ensuring that the child welfare system can be held more
accountable, and of educating the public about the needs of the child
welfare system.
(d) California has a compelling interest in protecting the
privacy rights of abused or neglected children in order to protect
them from further harm. Children's privacy rights can be
protected by ensuring that keeping children's
identity information confidential and providing juvenile court
judges have the discretion to close
completely individual hearings based on the circumstances of
the cases and the needs and best interests of specific children
, while presumptively ensuring those proceedings are open and
transparent.
SEC. 2. It is the intent of the Legislature to
enact legislation to provide that juvenile court hearings in juvenile
dependency cases shall be presumptively open to the public unless
the court finds that admitting the public would not be in a child's
best interest.
SEC. 2. Section 346.5 is added to the
Welfare and Institutions Code , to read:
346.5. (a) Notwithstanding Section 346, and subject to securing
funding as set forth in subdivision (k), the Judicial Council shall
establish a four-year pilot project in the County of Los Angeles, the
County of Ventura, and the County of ____ to impose a presumption
that members of the public shall be admitted to a juvenile dependency
court hearing, subject to the limitation set forth in subdivision
(e), unless the court finds that admitting the public would not be in
the child's best interest.
(b) At the commencement of a juvenile court hearing, the court
shall explain to the parties and to all present in the courtroom that
the hearing is presumptively open to the public unless admitting the
public would not be in the child's best interests. The court shall
thereafter inquire of the parties if there is any reason the hearing
should be closed to the public. If the hearing remains open, the
court shall admonish all individuals in the court of the restrictions
provided in subdivision (e), and shall prohibit all individuals in
the court, other than court employees or the court reporter, from
taking photographs or making audio, video, or other recordings of the
court proceeding.
(c) Prior to the hearing, the child's attorney shall advise the
child, in an age appropriate manner, of the right to request that the
hearing be closed. If there is no attorney present on behalf of the
child, the court shall, at the commencement of a juvenile court
hearing, advise the child of the right to request that the hearing be
closed.
(d) If an objection is made pursuant to this section by the child'
s attorney, or any other party to the proceeding, or if the court on
its own motion wants the proceeding to be closed to the public, the
court shall consider whether opening the proceedings to the public is
contrary to the child's best interests. The Judicial Council may
adopt guidelines of factors that courts should consider when
determining the best interest of the child under this section.
(e) (1) The court shall take appropriate action to keep personally
identifiable information about the child or about the child's
sibling or parent confidential and to prevent release of that
information in any court hearing open to the public, including, but
not limited to, directing all parties, their attorneys, and witnesses
to refrain from disclosing any personally identifiable information
in open court.
(2) For purposes of this section, "personally identifiable
information" means the first and last name, address, date of birth,
social security number, tribal enrollment number, telephone number,
e-mail address, driver's license number, place or places of
employment, school identification number, military identification
number, or any other distinguishing characteristic that tends to
identify a particular person.
(f) Nothing in this section may limit the court's right to take
the child's testimony in chambers pursuant to Section 350.
(g) At any point in the proceedings, the court may, in its
discretion, on its own motion or upon motion of persons specified in
subdivision (d), close the proceedings to the public.
(h) Notwithstanding any other provision of this section, the court
may admit any person whose attendance is required by the court.
(i) Nothing in this section shall change the confidential status
of juvenile court records, the inspection of which remains subject to
the provisions of Section 827.
(j) The Judicial Council shall contract with an independent
organization to conduct an evaluation and prepare a report to the
Legislature regarding the results of the pilot project, with a
recommendation as to whether the project should be implemented on a
statewide basis. The report shall be submitted to the Legislature
within six months of the completion of the four-year pilot project.
The report shall include both qualitative and quantitative analysis
on open hearings and shall measure the effects of opening the
proceedings on children. The report shall include, but not be limited
to, all of the following information:
(1) Whether open proceedings were found, on balance, to be
contrary to the best interests of the children involved in the
proceedings.
(2) Whether having open proceedings generally served to raise
public awareness regarding the juvenile dependency and foster care
systems.
(3) Whether public opinion of the juvenile dependency and foster
care systems appeared to be enhanced as a result of having open
proceedings.
(4) The type of media coverage, if any, that was generated
regarding the juvenile dependency and foster care systems as a result
of the pilot project.
(5) Whether ideas for improving the foster care system, including
ideas for legislation to benefit children, appear to have been
potentially generated as a result of the pilot project.
(k) The pilot project shall begin within one year of securing
private funds to fund the entire pilot project and the evaluation
required by subdivision (j). The implementation of the pilot project
is contingent upon securing sufficient private funds to fund the
pilot project and the evaluation.