California Legislature—2015–16 Regular Session

Assembly Bill No. 424

Introduced by Assembly Member Beth Gaines

(Coauthor: Assembly Member Bigelow)

(Coauthor: Senator Gaines)

February 19, 2015

An act to amend Sections 101, 102, and 109 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 424, as introduced, Beth Gaines. Court appointed child advocates: wards.

Existing law requires the Judicial Counsel to establish a Court-Appointed Special Advocate (CASA) program, under which volunteers serve as court appointed child advocates to provide designated services and support to dependent children and nonminor dependents in juvenile dependency proceedings. Existing law provides that a minor, under certain circumstances, is subject to the jurisdiction of the juvenile court. If the minor has violated a law or ordinance, existing law authorizes the juvenile court to adjudge the minor to be a ward of the court.

This bill would authorize the appointment of a CASA in a juvenile delinquency proceeding.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 101 of the Welfare and Institutions Code
is amended to read:

101.  

As used in this chapter, the following definitions shall
apply:

(a) “Adult” means a person 18 years of age or older.

(b) “Child or minor” means a person under 18 years of age.

(c) “CASA” means a Court-Appointed Special Advocate.
“CASA” also refers to a Court Designated Child Advocate in
programs which have utilized that title. A CASA has the duties
and responsibilities described in this chapter and shall be trained
by and function under the auspices of a Court Appointed Special
Advocate program as set forth in this chapter.

(d) “Court” means the superior court, including the juvenile
court.

(e) “Dependent” means a child described in Section begin delete 300 of the
Welfare and Institutions Code. end delete begin insert 300. end insert

(f) “Nonminor dependent” means a foster child as described in
subdivision (v) of Section 11400.

begin insert

(g) “Ward” means a child described in Section 601 or 602.

end insert

SEC. 2.  

Section 102 of the Welfare and Institutions Code is
amended to read:

102.  

(a) Each CASA program shall, if feasible, be staffed by
a minimum of one paid administrator. The staff shall be directly
accountable to the presiding juvenile court judge and the CASA
program board of directors, as applicable.

(b) The program shall provide for volunteers to serve as CASAs.
A CASA may be appointed in juvenile dependency proceedings
under Section 300, including proceedings involving a nonminor
begin delete dependent. end delete begin insert dependent, and in juvenile delinquency proceedings
under Section 601 or 602. end insert

(c) Each CASA shall serve at the pleasure of the court having
jurisdiction over the proceedings in which a CASA has been
appointed and that appointment may continue after the child attains
his or her age of majority, with the consent of the nonminor
dependent. A CASA shall do all of the following:

(1) Provide independent, factual information to the court
regarding the cases to which he or she is appointed.

(2) Represent the best interests of the child involved, and
consider the best interests of the family, in the cases to which he
or she is appointed.

(3) At the request of the judge, monitor cases to which he or
she has been appointed to ensure that the court’s orders have been
fulfilled.

(d) The Judicial Council, through its rules and regulations, shall
require an initial and ongoing training program consistent with
this chapter for all persons acting as a CASA, including, but not
limited to, each of the following:

(1) Dynamics of child abuse and neglect.

(2) Court structure, including juvenile court laws begin delete regarding
dependency end delete .

(3) Social service systems.

(4) Child development.

(5) Cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual,
and transgender youth.

(6) Interviewing techniques.

(7) Report writing.

(8) Roles and responsibilities of a CASA.

(9) Rules of evidence and discovery procedures.

(10) Problems associated with verifying reports.

(e) The Judicial Council, through its CASA Advisory
Committee, shall adopt guidelines for the screening of CASA
volunteers, which shall include personal interviews, reference
checks, checks for records of sex offenses and other criminal
records, information from the Department of Motor Vehicles, and
other information that the Judicial Council deems appropriate.

SEC. 3.  

Section 109 of the Welfare and Institutions Code is
amended to read:

109.  

begin delete Nothing end delete begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert begin insert Except as provided in paragraph (2),
nothing end insert begin insert end insert in this chapter permits a person acting as a CASA to
participate or appear in criminal proceedings or in proceedings to
declare a person a ward of the juvenile court pursuant to Section
601 or 602.

begin insert

(2) A CASA may participate in proceedings determining the
disposition of the minor pursuant to Section 706, and in all
subsequent proceedings.

end insert