BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 217 (Maienschein)
          Version: February 2, 2015
          Hearing Date:  June 9, 2015
          Fiscal: No
          Urgency: No
          NR   


                                        SUBJECT
                                           
                               Juvenile law:  hearings

                                      DESCRIPTION  

          This bill would require the court to inform a minor present at a  
          dependency hearing of his or her right to address the court and  
          participate in that hearing. 

                                      BACKGROUND 

          The importance of allowing a dependent child to participate in  
          court hearings has been recognized in California since 2003,  
          when the Legislature enacted AB 408 (Steinberg, Ch. 813, Stats.  
          2003) which afforded a minor the right to address the court and  
          otherwise participate in a dependency hearing.  In 2006,  
          Congress also recognized the importance of input from children  
          in court proceedings in the Child and Family Services  
          Improvement Act which required "procedural safeguards to be put  
          in place to assure that in any permanency hearing with respect  
          to a child, the court consults, in an age-appropriate manner,  
          the child regarding the proposed permanency or transition plan.  
          (42 U.S.C. Sec. 675(5)(C).) 

          Despite these measures, in 2008, the San Jose Mercury News  
          published an in-depth investigatory series, which closely  
          examined the dire condition of the juvenile dependency system.   
          Among the series' most disturbing findings was that children  
          "whose interest are supposed to determine dependency case  
          outcomes are often regularly excluded from the court process.   
          Judicial officers issue life-altering rulings without ever  








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          seeing the children whose futures are being decided."  (Karen de  
          Sa, Broken families, broken courts, Day 1:  How rushed justice  
          fails our kids, San Jose Mercury News (Feb. 10, 2008).)  
           
          Shortly after the series was published, the California Blue  
          Ribbon Commission on Children in Foster Care issued draft  
          recommendations, which, among other things, emphasized the  
          importance that all participants in dependency proceedings,  
          including children and parents, have an opportunity to be  
          present and heard in court. AB 3051 (Jones, Ch. 166, Stats.  
          2008) implemented some of those recommendations, to help ensure  
          that all children who wish to participate in their dependency  
          proceedings are provided with the opportunity to do so.  This  
          bill would additionally require the court to inform a child  
          during a dependency proceeding that he or she has a right to  
          address the court and participate in the hearing.

                                CHANGES TO EXISTING LAW
           
           Existing law  requires that a child 10 years of age and older  
          receive notice of his or her dependency hearings, including the  
          initial petition hearing, jurisdictional hearings, and review  
          hearings.  (Welf. & Inst. Code Secs. 290.1-295.)  

           Existing law  allows a minor who is the subject of a dependency  
          hearing, and who is entitled to notice of the hearing, to be  
          present at the hearing.  (Welf. & Inst. Code Sec. 349.)

           Existing law  provides that a minor present at a hearing has the  
          right to address the court, to participate in the hearing, and  
          to be represented by counsel of his or her choice.  (Welf. &  
          Inst. Code Sec. 349.)

           Existing law  requires the court to determine if a minor, who is  
          10 years of age or older and not present at a hearing, was  
          properly notified of his or her right to attend the hearing, and  
          allows a court to continue the hearing if the minor was not  
          properly notified or wished to be present at the hearing, unless  
          the court determines that it is not in the best interest of the  
          child to do so.  (Welf. & Inst. Code Sec. 349.)

           This bill  would additionally require the court to inform a minor  
          at a hearing that he or she has the right to address the court  
          and participate in the hearing.








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                                        COMMENT
           
           1.Stated need for the bill
           
          According to the author: 

            Juvenile Dependency hearings are critical to determining the  
            path of a child's future. Existing law as defined by Section  
            349 of the Welfare and Institutions Code already provides  
            children with the right to talk during these hearings.  
            Oftentimes the child's input would be critical and swing a  
            decision in one way or another, but the child is fearful to  
            speak up because they have understandably not been exposed to  
            legal proceedings, or understand their right to speak up. 

            This bill simply adds one sentence to Section 349 requiring  
            the court to inform a minor of his or her pre-existing right  
            to address the court if so desired.  This fix allows a child  
            to make his or her voice and desires heard, and empower that  
            child to possibly influence a decision that will affect that  
            child for life.

           2.This bill seeks to ensure that foster children understand  
            their right to participate in their juvenile dependency  
            proceedings
           
          Our juvenile dependency system revolves around protecting the  
          best interest of the child, but this goal is impossible to  
          effectuate unless children are provided with a meaningful  
          opportunity to attend and participate in hearings where  
          life-altering decisions will be made for them.  While prior  
          legislation has ensured that children receive notice about  
          dependency hearings and have a right to speak at those hearings,  
          there is no requirement that any adult inform the child of that  
          right. This bill would take an important step in remedying this  
          deficiency in the current system by requiring courts to inform a  
          child, at a dependency hearing, that he or she may address the  
          court and participate in the hearing.   In support of this bill,  
          the Juvenile Judges of California write:

            Dependency hearings determining a child's placement can be a  
            difficult and confusing time for that child. Under present  
            law, a minor is allowed to address the court and participate  
            in the hearing, but children may not be aware they can do so.  
            AB 217 would add the requirement that the court "inform the  







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            minor that he or she has the right to address the court and  
            participate in the hearing." 

            The courtroom environment can be intimidating to anyone, and  
            this [bill] would help ensure that children understand their  
            right to participate in the important decisions being made  
            about them.

          While this bill would not address all of the problems plaguing  
          the juvenile dependency system, it would arguably advance the  
          state's public policy in protecting children under its care and  
          is consistent with the goals of the California Blue Ribbon  
          Commission on Foster Care (Commission) and the Judicial Council.  
           The Commission, charged with developing recommendations on how  
          to improve child welfare and fairness outcomes, issued  
          recommendations and an action plan in 2009, which sought to  
          "fundamentally change a system that too often fails our state's  
          children and their families despite the 
          efforts of hardworking and dedicated professionals." As part of  
          that report, the Commission recommended that the courts "ensure  
          that all participants in dependency proceedings, including  
          children and parents, have an opportunity to be present and  
          heard in court." 

          The Children's Advocacy Institute, sponsor of this bill, writes  
          that this bill would require the judge to "properly, and  
          consistent with the importance of the proceeding to the child  
          and mindful of how intimidating and awesome the proceeding might  
          feel, actually invite the child in every proceeding to speak."


           Support  :  Advokids; Children Now; County Welfare Directors  
          Association of California; Crittenton Services for Children and  
          Families; Juvenile Court Judges of California

           Opposition  :  None Known

                                        HISTORY
           
           Source  :  Children's Advocacy Institute - University of San Diego  
          School of Law

           Related Pending Legislation  : None Known

           Prior Legislation  :







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          AB 408 (Steinberg, Chapter 813, Statutes of 2003) See  
          Background.
          AB 3051 (Jones, Chapter 166, Statutes of 2008) See Background.

           Prior Vote  :

          Assembly Floor (Ayes 78, Noes 0)
          Assembly Judiciary Committee (Ayes 10, Noes 0)

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