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 AB 217 (Maienschein) Page 2 of ? 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. AB 217 (Maienschein) Page 3 of ? 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 AB 217 (Maienschein) Page 4 of ? 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 : AB 217 (Maienschein) Page 5 of ? 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) **************