Amended in Assembly March 18, 2015

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, begin insert 103, end insert and 109 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

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

Existing law requires the Judicial begin delete Counsel end delete begin insert Council end insert 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 begin delete proceeding. end delete begin insert proceeding, and would provide that a CASA shall be considered court personnel for purposes of inspecting the case file of a dependent child or ward of the juvenile court. end insert

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 begin delete under 18 years of age. end delete
begin insert under the jurisdiction of the juvenile court pursuant to Section
300, 601, or 602. end insert

(c) “CASA” means a Court-Appointed Special Advocate.
“CASA” also refers to a Court Designated Child Advocate in
programs begin delete which end delete begin insert that end insert 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 begin delete Court Appointed end delete
begin insert Court-Appointed end insert Special Advocate program as set forth in this
chapter.

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

(e) “Dependent” means a begin delete child end delete begin insert person end insert described in Section 300.

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

(g) “Ward” means a begin delete child end delete begin insert person end insert described in Section 601 or
602.

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 begin delete in juvenile dependency proceedings
under Section 300, including proceedings involving a nonminor
dependent, and in juvenile delinquency proceedings under Section
601 or 602. end delete begin insert to any dependent, nonminor dependent, or ward who
is subject to the jurisdiction of the juvenile court. 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.

(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.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 103 of the end insert begin insert Welfare and Institutions Code end insert begin insert is
amended to read: end insert

103.  

(a) Persons acting as a CASA shall be individuals who
have demonstrated an interest in children and their welfare. Each
CASA shall participate in a training course conducted under the
rules and regulations adopted by the Judicial Council and in
ongoing training and supervision throughout his or her involvement
in the program. Each CASA shall be evaluated before and after
initial training to determine his or her fitness for these
responsibilities. Ongoing training shall be provided at least
monthly.

(b) Each CASA shall commit a minimum of one year of service
to a child until a permanent placement is achieved for the child or
until relieved by the court, whichever is first. At the end of each
year of service, the CASA, with the approval of the court, may
recommit for an additional year.

(c) A CASA shall have no associations that create a conflict of
interest with his or her duties as a CASA.

(d) An adult otherwise qualified to act as a CASA shall not be
discriminated against based upon marital status, socioeconomic
factors, or because of any characteristic listed or defined in Section
11135 of the Government Code.

(e) Each CASA is an officer of the court, with the relevant rights
and responsibilities that pertain to that role and shall act
consistently with the local rules of court pertaining to CASAs.

(f) Each CASA shall be sworn in by a superior court judge or
commissioner before beginning his or her duties.

(g) A judge may appoint a CASA when, in the opinion of the
judge, a child requires services which can be provided by the
CASA, consistent with the local rules of court.

(h) To accomplish the appointment of a CASA, the judge
making the appointment shall sign an order, which may grant the
CASA the authority to review specific relevant documents and
interview parties involved in the case, as well as other persons
having significant information relating to the child, to the same
extent as any other officer of the court appointed to investigate
proceedings on behalf of the court.

begin insert

(i) Each CASA shall be considered court personnel for purposes
of subdivision (a) of Section 827.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

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

109.  

(a)  begin delete (1) end delete begin delete   end delete Except as provided in begin delete paragraph (2), end delete begin insert subdivisions
(b) and (c), end insert nothing 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 delete

(2)

end delete

begin insert ( end insert begin insert b) end insert  A begin insert person acting as a end insert CASA may participate in begin delete proceedings
determining the disposition of the minor pursuant to Section 706,
and in all subsequent proceedings. end delete begin insert determinations made pursuant
to Section 241.1, and in all delinquency proceedings after
adjudication of delinquency. end insert

begin insert

(c) This section does not apply to a person acting as a CASA
when that person is acting solely as a support person to the child
or who is in court on behalf of a child who is the victim of a crime.

end insert