BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 926|
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UNFINISHED BUSINESS
Bill No: SB 926
Author: Runner (R)
Amended: 6/21/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 4/26/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SENATE FLOOR : 40-0, 5/5/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De León, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Runner, Simitian, Steinberg, Strickland, Vargas, Walters,
Wolk, Wright, Wyland, Yee
ASSEMBLY FLOOR : 77-0, 6/27/11 (Consent) - See last page
for vote
SUBJECT : Dependent children: relative placements:
disclosure
SOURCE : Sacramento Child Advocates, Inc.
DIGEST : This bill authorizes counsel for the child or
counsels agent to disclose to a relative who is being
assessed for the possibility of placement of the child the
fact that the child is in custody and other related
information, as specified. The bill states that the
CONTINUED
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changes made by this bill are declaratory of existing law,
and also makes technical, nonsubstantive changes to those
provisions.
Assembly Amendments recast the language in a different code
section of the Welfare and Institution Code Section with
the same intent as when it left the Senate.
ANALYSIS : Existing law provides that the court shall
appoint counsel for a child removed from his or her
parent's custody unless the court determines that the child
would not benefit from appointment of counsel. (Welfare
and Institution Code ÝWIC] Section 317(c))
Existing law provides that if an attorney is appointed to
represent the child, the primary responsibility of the
attorney is to advocate for the protection, safety, and
physical and emotional well-being of the child. (WIC
Section 317(c))
Existing law provides that the attorney for the child is
charged with representation of the child's interest and in
order to protect the child's interest, shall conduct
further investigations as he or she deems necessary and if
necessary beyond the scope of the proceeding. (WIC Section
317(e))
Existing law provides that the attorney for the child is
authorized to inspect the child's case file. (WIC Section
827)
Existing law provides that a privilege exists between a
client and his or her attorney and the client and the
attorney are both holders of the privilege. This means that
both the client and the attorney may refuse to disclose and
may prevent others from disclosing confidential
communications between the client and his or her attorney.
(Evidence Code Section 954)
This bill authorizes the counsel for the child and
counsel's agent to, but are not required to, disclose to an
individual who is being assessed for the possibility of
placement the fact that the child is in custody, the
alleged reasons that the child is in custody, and the
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projected likely date for the child's return home,
placement for adoption, or legal guardianship. Nothing in
this bill shall be construed to prohibit counsel from
making other disclosures, as appropriate.
This bill provides that:
1. Nothing in this bill shall be construed to permit
counsel to violate a child's attorney-client privilege.
2. The changes made to this subdivision are declaratory of
existing law.
3. The court shall take whatever appropriate action is
necessary to fully protect the interests of the child.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/27/11)
Sacramento Child Advocates, Inc. (source)
Aspiranet
California Probation Parole and Correctional Association
Chief Probation Officers of California
Children's Advocacy Institute
Executive Committee of the Family Law Section of the
California State Bar
ARGUMENTS IN SUPPORT : The author and sponsor note that
"if an attorney representing a child victim of abuse and
neglect cannot reveal limited information about the nature
of the allegations, especially in cases where the relative
indicates either no knowledge of why the child has been
removed or has an inaccurate understanding of the
allegations, then they cannot fully assess the proposed
placement." Further, as noted by the author and sponsor,
"at times relatives and proposed non-related extended
family members will share with the child's attorney that
the county did not explain the nature of the allegations
and the reasons the child has been detained from a parent.
Whether this is true or not, it is important for the
child's attorney to fully investigate the knowledge base of
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the relative and their willingness to accept the facts that
the court finds to be true, often painful facts that
describe the relative's own child may raise difficult
loyalty issues."
ASSEMBLY FLOOR : 77-0, 06/27/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Grove, Hagman,
Halderman, Hall, Harkey, Hayashi, Roger Hernández, Hill,
Huber, Hueso, Jeffries, Jones, Knight, Lara, Logue,
Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller, Mitchell,
Monning, Morrell, Nestande, Nielsen, Norby, Olsen, Pan,
Perea, V. Manuel Pérez, Portantino, Silva, Skinner,
Smyth, Solorio, Swanson, Torres, Valadao, Wagner,
Wieckowski, Williams, Yamada, John A. Pérez
NO VOTE RECORDED: Gordon, Gorell, Huffman
RJG:kc 6/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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