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)
**************