BILL ANALYSIS Ó AB 1618 Page 1 Date of Hearing: March 25, 2014 ASSEMBLY COMMITTEE ON JUDICIARY Bob Wieckowski, Chair AB 1618 (Chesbro) - As Amended: March 11, 2014 PROPOSED CONSENT SUBJECT : JUVENILES COURT FILES: TRIBAL ACCESS KEY ISSUE : IN ORDER TO COMPLY WITH EXISTING STATE AND FEDERAL LAW, SHOULD SPECIFIC NATIVE AMERICAN TRIBAL OFFICALS BE PERMITTED TO INSPECT THE JUVENILE COURT CASE FILES OF THEIR TRIBAL CHILDREN CONSISTENT WITH ACCESS PROVIDED NON-TRIBAL OFFICIALS? SYNOPSIS Federal and state law requires that Native American tribes receive notice of all juvenile dependency proceedings involving tribal children and be permitted to participate in those proceedings. While juvenile court case files are generally confidential, certain officials are entitled to inspect the files. However, that list of officials does not specifically include tribal officials. This non-controversial bill, sponsored by the Judicial Council, permits tribal officials to access confidential juvenile court files for a child who is a member of, or is eligible for membership in, that tribe. This ensures that California complies with existing state and federal law, and tribes have access to necessary juvenile court information to permit full participation in proceedings involving Native American children. The bill is supported by the Family Law Section of the State Bar and has no opposition. SUMMARY : Permits certain specified tribal officials to access juvenile court case files of children who are members of, or eligible for membership in, that tribe. Specifically, this bill permits the following officials, or those serving in a similar capacity, of an Indian tribe, reservation or tribal court, to inspect juvenile case files when the case involves a child who is a member of, or is eligible for membership in, that tribe: 1)Court personnel; 2)The attorneys for the parties, judges, referees, other hearing AB 1618 Page 2 officers, probation officers, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the child; 3)The county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action; 4)Members of the child protective agencies, as defined; 5)Members of children's multidisciplinary teams, persons, or agencies providing treatment or supervision of the child; 6)A judge, commissioner, or other hearing officer assigned to a family law case with issues concerning custody or visitation, or both, involving the child, and other specified family court officials; 7)A court-appointed investigator who is actively participating in a guardianship case involving the child; and 8)A local child support agency. EXISTING LAW : 1)Under the federal Indian Child Welfare Act (ICWA), establishes protections for the best interest of Indian children and promotes the security and stability of Indian tribes and families. Provides that tribes are entitled to notice of child welfare proceedings involving children who are either identified as members or eligible for membership in the tribe. (25 U.S.C. Section 1901 et seq.) 2)Provides that tribes have presumptive jurisdiction over child welfare matters involving children who are either identified as members or eligible for membership in the tribe. Allows tribes to seek transfer of state court child welfare matters involving these children to tribal court. If the case remains in state court, allows tribes to intervene and participate in those cases. (25 U.S.C. Section 1911; Welfare and Institutions Code Section 305.5.) 1)Limits access to juvenile case files, as defined, to specified individuals and officials, including the child's parent or guardian, attorneys for the parties, court and state personnel, including law enforcement and child protective AB 1618 Page 3 services, and school district officials. (Welfare and Institutions Code Section 827(a)(1).) 2)Provides an exception to the confidentiality of juvenile court case files for files that pertain to a deceased child. (Welfare and Institutions Code Section 827(a)(2).) 3)Prohibits any party authorized to inspect a dependency court case file from disseminating the file or its contents unless otherwise permitted. (Welfare and Institutions Code Section 827(a)(3).) FISCAL EFFECT : As currently in print this bill is keyed non-fiscal. COMMENTS : This non-controversial bill, sponsored by the Judicial Council, expands access to juvenile court records to ensure that specified tribal officials have access to juvenile case files for children who are, or are eligible for, membership in the tribe. Both ICWA and state law require that Native American tribes receive notice of all juvenile dependency proceedings involving tribal children and be permitted to participate in those proceedings. This helps ensure that, as required by ICWA, Native American children are not unnecessarily removed from their families without active efforts to keep them together and, if they are removed, that they are placed, when possible, with tribal families. While juvenile court case files are generally confidential, specified officials are entitled to inspect the files. However, the list of officials does not specifically include tribal officials. This non-controversial bill, sponsored by the Judicial Council, permits tribal officials to access confidential juvenile court case files for a child who is a member of, or is eligible for membership in, that tribe. This ensures that both California complies with existing state and federal law and tribes have access to necessary juvenile court information to permit full participation in proceedings involving Native American children. The author explains that by "explicitly including tribes, tribal officials, and tribal entities within the exception to the confidentiality of juvenile court files, AB 1618 will solve a AB 1618 Page 4 conflict between federal and state law on the one side, and juvenile courts on the other." REGISTERED SUPPORT / OPPOSITION : Support Judicial Council of California (sponsor) Family Law Section of the State Bar Opposition None on file Analysis Prepared by : Leora Gershenzon and Pia Estrada / JUD. / (916) 319-2334