BILL ANALYSIS                                                                                                                                                                                                    Ó





                             SENATE JUDICIARY COMMITTEE
                         Senator Hannah-Beth Jackson, Chair
                             2015-2016  Regular  Session


          AB 424 (Beth Gaines)
          Version: March 18, 2015
          Hearing Date:  June 9, 2015
          Fiscal: Yes
          Urgency: No
          NR   


                                        SUBJECT
                                           
                       Court appointed child advocates:  wards

                                      DESCRIPTION 

          This bill would authorize the appointment of a court appointed  
          special advocate (CASA) in a juvenile delinquency 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.

                                      BACKGROUND  

          When a child is removed from his or her family because of abuse  
          or neglect, the county child welfare agency oversees the case,  
          dependency counsel represents the child, and relatives, foster  
          parents, or group homes care for the child while the court  
          determines if the child will be returned to his or her family.   
          Unfortunately, county social workers, dependency counsel, and  
          courts often have too many cases to give each one the time and  
          attention it requires, and because foster placements often  
          change, many children are left without a constant adult in their  
          life.  

          In many cases, these children are served by volunteers who are  
          appointed by the court.  These trained and supervised  
          volunteers, known as "court appointed special advocates"  
          (CASAs), represent children and aid the court in better  
          understanding their needs.  CASAs also provide consistency for a  
          dependent child as he or she moves through the system.  CASAs  
          can make a significant impact in the lives of abused or  








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          neglected children by fostering trusting relationships, working  
          closely with various parties, and monitoring cases for the  
          court.  Because CASAs usually advocate on behalf of only one or  
          two children at a time, they build relationships with each child  
          by spending time with them and gathering facts about their life  
          so they can report back to the judge, who is then able to make  
          better decisions as to what is best for the child.

          Developing a strong, mentoring relationship with a CASA is  
          particularly important for foster youth who are statistically  
          far more likely than the general population to become involved  
          with the criminal justice system.  These youths are "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).) 

          Research further shows that youth who have contact with both the  
          dependency and delinquency systems, typically because of illegal  
          activity or "status offenses" while in foster care, are the  
          state's "most vulnerable youth," in part because of the  
          likelihood that these children will experience mental health and  
          substance abuse problems.  (Nell Bernstein, Cal. State Library,  
          Helping Those Who Need it Most: Meeting the Mental Health Care  
          Needs of Youth in the Foster Care and Juvenile Justice Systems 3  
          (2005), available at http://www.library.ca.  
          gov/crb/cafis/reports/05-01/05-01.pdf [as of May, 27, 2015].)  

          To ensure that courts have the authority to appoint CASAs for  
          all children in the juvenile system, this bill would expressly  
          authorize courts to appoint a CASA in a delinquency proceeding.   
          This bill would make additional clarifying and technical changes  
          to the CASA program, including ensuring that CASAs have the  
          authority to access the case file of any dependent or delinquent  
          child they represent.   








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                                CHANGES TO EXISTING LAW
           
           1.Existing law  provides that the juvenile court has jurisdiction  
            over a child who is subject to abuse or neglect.  (Welf. &  
            Inst. Code Sec. 300.)  

             Existing law  provides that the juvenile court has jurisdiction  
            over a child who persistently or habitually refuses to obey  
            the reasonable and proper orders or directions of his or her  
            parents or guardian, or who violated any local curfew  
            ordinance for minors.  (Welf. & Inst. Code Sec. 601.) 

             Existing law  requires, if a child is both a dependent and a  
            delinquent, the probation department and child welfare  
            services department to determine which status will best serve  
            the interests of the child and the protection of society, and  
            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.  (Welf. & Inst. Code  
            Sec. 241.1.)

             Existing Rule of Court  defines a CASA as a volunteer who has  
            been recruited, screened, selected, trained, is being  
            supervised and supported by a local CASA program, and who has  
            been appointed by the juvenile court as a sworn officer of the  
            court to help define the best interest of a child or children  
            in juvenile court dependency and wardship proceedings. (Cal.  
            Rule of Court Sec. 5.655(b).)
             
            Existing law  allows a judge in a dependency proceeding to  
            appoint a CASA for a minor or nonminor dependent, and 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.  (Welf.  
            & Inst. Code Sec. 102.)

             Existing law  requires a CASA to report the results of any  
            investigation to the court, and requires that otherwise  
            confidential information reviewed by a CASA during the course  
            of his or her duties remains confidential.  (Welf. & Inst.  
            Code Secs. 104, 105.)








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             Existing law  provides that the above provisions do not permit  
            a CASA to participate in a criminal proceeding or in a  
            proceeding to declare a person a ward of the juvenile court.   
            (Welf. & Inst. Code Sec. 109.)
             
            This bill  would provide that a CASA may be appointed on behalf  
            of a ward who is subject to juvenile court jurisdiction.

             This bill  would provide 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.
           
            2.Existing law  requires the judge making an appointment of a  
            CASA to sign an order, which may grant the CASA the authority  
            to review specific relevant documents and interview parties  
            involved in the case to the same extent as any other officer  
            of the court appointed to investigate proceedings on behalf of  
            the court. (Welf. & Inst. Code Sec. 103.)

             Existing law  grants access to juvenile case files 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, and prohibits any  
            party authorized to inspect a juvenile court case file from  
            disseminating the file or its contents unless otherwise  
            permitted.  (Welf. & Inst. Code Sec. 827(a).)

             This bill  would provide that a CASA is considered "court  
            personnel" for purposes of access to court records, as  
            provided.

             This bill  would make other clarifying and technical changes. 

                                        COMMENT
           
           1.Stated need for the bill
           
          According to the author: 

            While existing law does not expressly prohibit the appointment  
            of a CASA in delinquency proceedings, there are serious  
            questions raised as to the legality of these appointments, and  
            further the liability imposed on both the court and CASAs.   







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            This bill will remedy that issue [and] expressly authorize a  
            judge to appoint a CASA to any dependent, non-minor dependent,  
            or ward who is subject to the jurisdiction of the juvenile  
            court.

           2.Provides express authorization for the appointment of CASAs in  
            delinquency proceedings
           
          Current law expressly provides that a CASA may be appointed in  
          juvenile dependency proceedings, including proceedings involving  
          a nonminor dependent.  Whether a CASA may be appointed for a  
          ward (i.e., a child in the delinquency system) is less clear  
          because the statutory language merely describes what the code  
          does not authorize. Specifically, existing law provides that  
          nothing in the relevant code sections permit a CASA to  
          participate in a criminal proceeding or in a proceeding to  
          declare a person a ward of the juvenile court. (Welf. & Inst.  
          Code Sec. 109.)  However, many courts appoint CASAs in  
          delinquency proceedings.  In fact, the Rules of Court provide  
          that CASAs are appointed to "help define the best interest of a  
          child or children in juvenile court dependency and wardship  
          proceedings." (Cal. Rule of Court Sec. 5.655(b).) The Judges of  
          the El Dorado Superior Court, sponsor of this bill, argue that  
          like foster children, wards benefit from the appointment of a  
          CASA, but that many judges are reluctant to appoint them in  
          delinquency proceedings because the statute does not expressly  
          authorize such action:  

            The appointment of a CASA can be critical to achieving the  
            best possible result in a child's case.  Many times the adult  
            appointed to advocate for the child is the only 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 has with the child.  This relationship  
            provides the child with a positive adult role model.  The  
            interaction between the child and the advocate helps form the  
            basis of the reports that are provided to the court before  
            decisions are made that affect the future of the child.

          Staff notes that while this bill would clarify that CASAs may be  
          appointed for wards, it would also limit their participation in  
          the initial adjudication of delinquency.  This would ensure that  
          CASAs are not used to investigate a ward's alleged crime, which  







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          is the role of law enforcement.  Instead, in delinquency cases  
          CASAs would be used to communicate with and find out what is  
          best for the youth, and to advocate on the youth's behalf. 

           3.Would allow a CASA to participate in dual-status proceedings  
            and delinquency proceedings for cross-over youth 
             
          Prior to 2005, all California counties exercised "exclusive  
          jurisdiction" over youth in the child welfare system, meaning a  
          child could only receive services from either the dependency or  
          delinquency system.  Thus, in cases where the court terminated  
          dependency jurisdiction after the child violated the law, the  
          child lost child welfare benefits, such as drug rehabilitation  
          services, mental health counseling, and court-appointed parental  
          supervision, in exchange for probation. (Jessica Springer,  
          Orange County's Answer to the Dual Jurisdictional Dilemma,  
          November 2014, 56 Orange County Lawyer 30.) Recognizing the  
          needs of this particular population, the Legislature passed AB  
          129 (Cohn, Chapter 468, Statutes of 2004) which gave counties  
          the discretion to exercise either dual or exclusive jurisdiction  
          over crossover youths.  Despite this authority, only nine  
          counties have adopted protocols in response to AB 129 and thus,  
          most still operate under an exclusive jurisdiction system.  

          This bill would allow a CASA who was assigned to a foster child  
          to continue a relationship with a child who crosses over into  
          the delinquency system whether or not the particular county  
          exercises exclusive or dual jurisdiction.  This will ensure that  
          these youths have at least one familiar adult able to advocate  
          for his or her best interest. In support, the Juvenile Judges of  
          California write "Most judges find that the appointment of a  
          CASA is beneficial because the CASA is in many cases the only,  
          or one of a very few, trust-based and ongoing relationships that  
          a youth may have. As a result of those relationships, the court  
          may be better able to learn the particular facts and  
          circumstances and to better respond to a youth's individual  
          needs."

           4.Giving CASAs access to juvenile records
           
          Existing law grants access to juvenile case files only to a  
          handful of specified individuals and officials, including the  
          child's parent or guardian, attorneys for the parties, and court  
          personnel, and prohibits any party from disseminating the file  
          or its contents unless otherwise permitted. When a judge  







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          appoints a CASA in a juvenile case, existing law requires the  
          judge to sign an order, which may grant the CASA the authority  
          to review specific relevant documents and interview parties  
          involved in the case to the same extent as any other officer of  
          the court appointed to investigate proceedings on behalf of the  
          court. (Welf. & Inst. Code Sec. 103.) 

          This bill would instead provide that a CASA is considered "court  
          personnel" for purposes of access to a youth's case file,  
          thereby ensuring that CASAs have access to information necessary  
          to advocate on a child's behalf.  Additionally, this provision  
          would hold a CASA to the same standards of confidentiality  
          applicable to all other parties that have access to a juvenile's  
          case file.  Staff notes that because the court is required to  
          make an order granting the CASA some level of access to a  
          youth's case file, CASAs generally have access to this  
          information under current law.    
           

           Support  :  Juvenile Court Judges of California

           Opposition :  None Known

                                        HISTORY
           
           Source  :  The Judges of the El Dorado Superior Court

           Related Pending Legislation  :  None Known

           Prior Legislation  : None Known

           Prior Vote  :

          Assembly Floor (Ayes 78, Noes 0)
          Assembly Appropriations Committee (Ayes 16, Noes 0)
          Assembly Judiciary Committee (Ayes 10, Noes 0)

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