BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 879|
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THIRD READING
Bill No: AB 879
Author: Burke (D)
Amended: 4/21/15 in Assembly
Vote: 21
SENATE JUDICIARY COMMITTEE: 7-0, 6/9/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,
Wieckowski
ASSEMBLY FLOOR: 79-0, 4/27/15 (Consent) - See last page for
vote
SUBJECT: Juveniles: court proceedings: notice
SOURCE: County Welfare Directors Association of California
Los Angeles County Board of Supervisors
DIGEST: This bill allows, until January 1, 2019, notice of
juvenile dependency hearings to be made by electronic mail if
the county and the court choose to permit service by electronic
mail, and the person to be served has consented to service by
electronic mail by signing a specified form, as provided.
ANALYSIS:
Existing law:
1)Establishes notice requirements for juvenile dependency
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proceedings, assigning notification responsibilities to the
social worker, probation officer, and/or the clerk of the
court, depending on the hearing. (Welf. & Inst. Code Secs.
290.1-297.)
2)Requires that certain parties be served with notice of a
juvenile dependency hearing, based on the type and purpose of
the hearing, including:
the mother;
the father or fathers, presumed and alleged;
the legal guardian(s);
the child, if he or she is 10 years of age or older;
any known, dependent siblings, as specified;
adult relatives who are residing in the state, as
specified; and
the attorney for the parent(s) or legal guardian(s).
(Welf. & Inst. Code Secs. 290.1- 297.)
1)Provides that service of the juvenile dependency hearing
notice must be written or oral, if the person being served
cannot read. (Welf. & Inst. Code Secs. 290.1- 297.)
2)Allows the court to require notice of a juvenile dependency
hearing to be made by publication in a newspaper if designated
as the most likely way to give notice to the parent, under
specified conditions. (Welf. & Inst. Code Sec. 296.)
3)Provides that notice involving Indian children shall be given
to the minor's legal parents, guardians, custodian and tribe
by registered or certified mail, as specified. (Welf. & Inst.
Code Secs. 224.2, 290.1-297.)
This bill:
1)Allows notification in juvenile dependency proceedings to be
provided by electronic mail, as specified, if the county and
the court permit service by electronic mail and the party to
be served has consented to service by electronic mail by
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signing Judicial Council Form EFS-005.
2)Permits notice of juvenile dependency proceedings to be
provided to a child 16 years of age or older by electronic
mail only if the following requirements are met:
the city and/or county and the court permit service by
electronic mail; and
the child and the child's attorney have consented to
service by electronic mail by signing Judicial Council Form
EFS-005.
1)Permits notice of juvenile dependency proceedings to be
provided to a child who is 14 or 15 years of age by electronic
mail as well as by regular mail if the following requirements
are met:
the city and/or county and the court permit service by
electronic mail; and
the child and the child's attorney have consented to
service by electronic mail by signing Judicial Council Form
EFS-005.
1)Prohibits notice of juvenile dependency proceedings by
electronic mail in the following circumstances:
for notice of any hearing at which the county is
recommending termination of parental rights, in which case
notice may only be served by electronic mail if in addition
to first-class mail; and
any hearing where the social worker or probation officer
knows or has reason to know that an Indian child is
involved.
Background
The juvenile dependency system is designed to protect children
from abuse and neglect, while also preserving the rights of
parents and families. (In re Alexander, 152 Cal.App.2d 458).
Thus, any control the dependency system exercises over a child
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is subject to a series of hearings and judicial oversight
designed to ensure that parental rights are only limited to the
extent necessary to protect the child.
For each of the required hearings, interested parties must be
notified by mail, as specified. Generally, notice of a hearing
is required to be provided, by the social worker or probation
officer, to the mother, father or fathers, guardian(s), and the
child (if he or she is over 10 years of age), as well as any
known sibling of the child, and the attorney for the parent or
parents. This bill additionally allows notice to be served by
electronic mail, as long the party consents to such service and
electronic mail service is permitted by the county and the
court.
Comments
1)Opt in provisions for counties and parties
This bill authorizes notice to parties in dependency cases by
electronic mail only if the county and the court choose to
permit service by electronic mail and the party consents to
such service. Supporters of this bill argue that this will
save the counties and the courts money and create much needed
efficiency. The California State Association of Counties, in
support, writes, "Sending notice by regular mail is both
time-consuming and costly for child welfare agencies and the
courts, and does not always result in actual notice to the
intended recipient. ? [This bill] would create a voluntary
program that county welfare agencies, courts and individuals
can opt into. Counties agree with incorporating flexibility
at the local level to decide if this program is beneficial for
their jurisdictions."
2)Additional protections for children, 14 years of age and
older, consenting to notification by electronic mail
This bill does not authorize a child under the age of 14 years
to consent to notification by electronic mail. Federal law,
the Children's Online Privacy Protection Rule, and regulations
promulgated by the Federal Trade Commission, provide that
commercial web sites and online services are prohibited from
collecting, using, or disclosing personal information
regarding minors under the age of 13, except with parental
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consent. (5 U.S.C. 6501-6505; 16 C.F.R. 312.) Therefore,
allowing children under the age of 13 to consent to
notification by electronic mail could be inconsistent with
federal law. However, older children may be more likely to
receive notice when it is sent through electronic means, and
may prefer not to receive written communication from the court
in the mail.
Accordingly, this bill provides that electronic mail can be
used exclusively only to notify minors who are 16 years of age
and older who consent to such service, about court hearings.
Children who are 14 or 15 years of age may consent to receive
notification by electronic mail only if it is also accompanied
by notice sent by regular mail. In addition, notification to
any child by electronic mail also requires the consent of the
attorney for the child.
3)Parties in termination of parental rights proceedings
Because the termination of parental rights represents the
extinguishing of a constitutional right, it is crucial to
ensuring the fundamental fairness of dependency court
proceedings that the party actually receive notice.
Additionally, nothing should jeopardize the right of a child,
sibling, or guardian to be notified of a hearing at which
parental rights could be terminated. Accordingly, this bill
provides that when the county is recommending the termination
of parental rights, notice may be provided by electronic
format only in addition to the form of notice that is
otherwise required by law.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified6/12/15)
County Welfare Directors Association of California (co-source)
Los Angeles County Board of Supervisors (co-source)
California College and University Police Chiefs Association
California Probation, Parole and Correctional Association
California State Association of Counties
Judicial Council of California
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Juvenile Court Judges of California
San Bernardino County
Santa Clara County Board of Supervisors
Urban Counties Caucus
OPPOSITION: (Verified6/12/15)
None received
ARGUMENTS IN SUPPORT: The Los Angeles County Board of
Supervisors, co-sponsor, writes, "allowing parties to
voluntarily opt-in and be provided notice via electronic mail
would help to increase the successful delivery of notice to
persons who lack a permanent address. It would also provide for
a more effective notice to other groups, such as nonminor
dependents and transition age youth, who may be residing at
temporary addresses."
ASSEMBLY FLOOR: 79-0, 4/27/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,
Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina
Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,
Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,
Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,
Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,
Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos
Prepared by:Nichole Rapier / JUD. / (916) 651-4113
6/12/15 10:52:27
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