BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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  








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          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  








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            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  








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            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."








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          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  








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               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:










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               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  








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          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










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          Juvenile Court Judges of California




          Opposition


          None on file




          Analysis Prepared by:Leora Gershenzon / JUD. / (916) 319-2334