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
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            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  








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            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
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          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