BILL ANALYSIS Ó AB 424 Page 1 Date of Hearing: March 24, 2015 ASSEMBLY COMMITTEE ON JUDICIARY Mark Stone, Chair AB 424 (Beth Gaines) - As Amended March 18, 2015 PROPOSED CONSENT SUBJECT: Court-appointed child advocates: wards KEY ISSUE: IN ORDER TO BETTER PROTECT YOUTH IN THE JUVENILE COURT SYSTEM, SHOULD THE LAW BE CLARIFIED TO EXPLICITLY ALLOW A JUVENILE COURT JUDGE TO APPOINT A COURT-APPOINTED SPECIAL ADVOCATE (CASA) ON BEHALF OF A WARD? SYNOPSIS When children are removed from their families due to abuse or neglect, social workers with a county child welfare agency oversee their cases, dependency counsel represent them, relatives, foster parents or group homes care for them and the court makes all key decisions. However, all too often social workers and dependency counsel have too many cases to adequately give each child the time and attention that the child needs. In addition, foster care placements may change frequently, leaving the child without a constant adult in his or her life. In an attempt to better understand the child's needs and provide some constancy for the child, the juvenile court may appoint a CASA AB 424 Page 2 to advocate on behalf of the child. A CASA is a trained and supervised volunteer, appointed by the judge, who generally works with one or two children at a time. A CASA can make all the difference in the life of an abused or neglected child by understanding the child's needs and best interest, working with the parties and closely monitoring the case for the court. This non-controversial bill clarifies that CASAs can be appointed, not just to advocate on behalf of foster children and nonminor foster youth, but also wards subject to juvenile court jurisdiction. This bill is supported by all of the judges from El Dorado Superior Court and the Juvenile Court Judges of California, and has no known opposition. SUMMARY: Allows a Court-Appointed Special Advocate (CASA) to be appointed in a delinquency proceeding. Specifically, this bill: 1)Provides that a CASA may be appointed on behalf of a ward who is subject to juvenile court jurisdiction. 2)Allows a CASA to participate in any delinquency proceeding after the adjudication of delinquency and in any dual-status proceeding (for youth who may be both dependents and wards of the juvenile court). 3)Provides that a CASA is not prevented from appearing in a delinquency or criminal court proceeding when the CASA is acting as a support person to the child or is in court on behalf of a child who is a crime victim. 4)Clarifies that a CASA is considered to be court personnel for purposes of access to court records, as provided, thus allowing the CASA access to his or her appointed child's case file. 5)Revises definitions for "child," "dependent," and "nonminor AB 424 Page 3 dependent," and defines "ward." EXISTING LAW: 1)Provides that a juvenile court has jurisdiction over a child who is subject to abuse or neglect. (Welfare and Institutions Code Section 300. Unless stated otherwise, all further statutory references are to that code.) 2)Provides that a juvenile court has jurisdiction over a child when that child has committed acts that trigger delinquency jurisdiction rendering the child a ward. (Sections 601 and 602.) 3)Requires that, if a child is both a dependent and a delinquent, the probation department and child welfare services department must initially determine which status will best serve the interests of the child and the protection of society. Notwithstanding the above, authorizes the probation department and the child welfare services department in any county, in consultation with the presiding juvenile court judge, to create a dual status protocol which would permit a minor who meets specified criteria to be designated simultaneously as both a dependent child and a ward of the juvenile court. (Section 241.1.) 4)Allows a judge in a dependency proceeding to appoint a CASA for a minor or nonminor dependent. Requires each CASA to provide the court with independent, factual information about the child or nonminor dependent, and represent the best interests of the children involved. Requires the court to determine the CASA's duties in each case that he or she has been appointed, which may include interviewing and observing the child and reviewing appropriate reports. Requires the AB 424 Page 4 CASA to report the results of the investigation to the court. Requires that otherwise confidential information reviewed by a CASA during the course of his or her duties remains confidential. (Section 100 et seq.) 5)Provides that nothing in the CASA statutory scheme permits a CASA to participate in a criminal proceeding or in a proceeding to declare a person a ward of the juvenile court. Rule of Court definition of CASAs provides that they present the best interest of children in both dependency and wardship proceedings. (Section 109; California Rule of Court Section 5.655(b).) 6)Limits access to juvenile case files, as defined, to specified individuals and officials, including the child's parent or guardian, attorneys for the parties, court and state personnel, including law enforcement and child protective services, and school district officials. Prohibits any party authorized to inspect a juvenile court case file from disseminating the file or its contents unless otherwise permitted. (Section 827(a).) FISCAL EFFECT: As currently in print this bill is keyed fiscal. COMMENTS: This non-controversial bill seeks to clarify that CASAs can be appointed, not just to advocate on behalf of dependent and nonminor dependents, but also wards subject to juvenile court jurisdiction. In support of the bill, the author writes: "In El Dorado County, and certain other counties around the state, judges appoint CASAs to represent wards to help facilitate the rehabilitation of the ward. While existing law does not expressly prohibit the appointment of a CASA, there are serious questions raised as to the legality of these appointments, and further the liability imposed on both the court and CASAs. This bill will remedy that issue." AB 424 Page 5 Unique Role of CASAs in Advocating for Foster Children: When children are removed from their families due to abuse or neglect, social workers with a county child welfare agency oversee their cases, dependency counsel represent them, relatives, foster parents or group homes care for them and the court makes all key decisions. However, all too often social workers and dependency counsel have too many cases to adequately give each one the time and attention it needs. In addition, foster care placements may change frequently, leaving the child without a constant adult in his or her life. In an attempt to better understand the child's needs and provide some constancy for the child, the juvenile court may appoint a CASA when the court determines that a child requires CASA services. A CASA is a trained and supervised volunteer, appointed at the discretion of the juvenile court judge. CASAs make a real difference in the life of an abused or neglected child by understanding the child's needs and best interest, working with the parties and closely monitoring the case for the court. CASAs can be the one constant in the child's life, there to advocate for the child. Because CASAs usually advocate on behalf of one or two cases at a time, and commit to a minimum of a year of service to each child, they build relationships with each child, spending time with them, gathering facts about their life so they can report back to the judge, who can then, in turn, make better decisions as to what is best for the child. The judges of the El Dorado Superior Court, who support the bill, succinctly explain the importance of CASAs, both to the child and to the court: The appointment of a CASA [] can be critical to achieving the best possible result in a child's case. Many timers the adult appointed to advocate for the child is the only AB 424 Page 6 stable adult in the child's life. Volunteers interact with the child differently than CPS social workers and probation officers. The attorneys in the case have many other responsibilities, and are generally unable to develop the type of personal connection that a CASA advocate has with the child. This relationship provides the child with a positive adult role model. The interaction between the child and the advocate helps from the basis of the reports that are provided to the court before decisions are made that affect the future of the child. Current Law Unclear as to Whether CASAs May be Appointed For Wards: Current law clearly states that a CASA may be appointed for a foster child or a nonminor dependent, but is less than clear when it comes to wards of the court. While statutory language provides that nothing in the CASA statutory scheme permits a CASA to participate in a criminal proceeding or in a proceeding to declare a person a ward of the juvenile court, the rules of court provides that CASAs set forth the best interest of children in both dependency and wardship proceedings. Many courts today already appoint CASAs in delinquency proceedings, but some courts apparently do not, based on the restrictive language in the statute. This bill clarifies that CASAs may be appointed for wards, but limits their appointment until after the court has made its initial adjudication of delinquency. This ensures that CASAs are not used to investigate a ward's alleged crime, which is the job of law enforcement. Instead, CASAs in delinquency cases are used the same way that CASAs in dependency court are used - to find out what is best for the youth and to advocate on the youth's behalf. Foster Youth Can Often End Up in the Delinquency System, But Still Need Support and Advocacy From CASAs: Foster youth are far more likely than the general population to become involved with the juvenile justice system: AB 424 Page 7 Youth put in care were three times more likely to be arrested, convicted, and imprisoned as adults compared to those who were allowed to remain at home. This indicates that, after controlling for abuse severity, foster care experience has some additional impact on future criminality beyond the effects of abuse and neglect?. For children and juveniles in out-of-home placements, experiences of abuse and neglect are often compounded by other negative experiences and factors?. The extensive needs of children who are placed in foster care often go unmet, increasing the likelihood that youth will engage in future delinquent behavior. (Erin McLaughlin, Dual-System Youth: The Need for Systems Integration to Improve Outcomes for Foster Youth who Commit Delinquent Acts 16-17 (2009).) Foster youth are "not only more likely to be arrested as juveniles than their peers not in care, they are also more likely to be arrested at a younger age and more likely to recidivate." (Id. at 11.) By clarifying that CASAs can be appointed for delinquent youth, this bill appropriately recognizes that foster youth may end up in the delinquency system, but that these youth will still need and deserve the help and support of a caring adult - their CASA. Dual Status Jurisdiction: In an effort to allow for better oversight of youth who are involved with both the foster care and delinquency systems, counties, should they so elect, may adopt dual status protocols which permit children to be both dependents and wards at the same time. (AB 129 (Cohn), Chap. 468, Stats. 2004.) Dual status for children who are both wards and dependents allows for better oversight and coordination between child welfare and probation. This voluntary program authorizes the probation department and the child welfare services department in any county, in consultation with the presiding juvenile court judge, to create a dual status protocol to permit a youth who meets specified criteria to be designated simultaneously as both a dependent child and a ward of the AB 424 Page 8 juvenile court. According to the Judicial Council website, 15 of California's 58 counties have elected to develop these protocols. This bill specifically permits a CASA to participate in dual status proceedings, thus ensuring that the foster youth's caring CASA is able to be there when the youth gets into trouble, and properly advocate for the youth in that proceeding. This Bill Also Cleans-Up Other CASAs Statutory Provisions to Ensure That CASAs Can Best Advocate on Behalf of Children: Some of the CASA statutes have not been amended for years, and, as a result, the author rightly proposes to do some necessary, but mostly technical, clean-up to some of the governing provisions. In particular, in order to ensure that CASAs can properly do their job, the bill clarifies that CASAs may access the child's juvenile court file, just like the child's lawyer, parents, and court personnel can do. Like everyone else authorized to inspect a juvenile court case file, a CASA would be prohibited from disseminating the file or its contents unless otherwise permitted. In addition, current law makes clear that otherwise confidential information reviewed by a CASA during the course of his or her duties remains confidential, thus ensuring that confidential information is protected. REGISTERED SUPPORT / OPPOSITION: Support The Judges of the El Dorado Superior Court AB 424 Page 9 Juvenile Court Judges of California Opposition None on file Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334