BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        AB 879|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  AB 879
          Author:   Burke (D), et al.
          Amended:  7/7/15 in Senate
          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.




          Senate Floor Amendments of 7/7/15 add coauthors and make  
          technical changes.


          ANALYSIS:   








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          Existing law: 


          1)Establishes notice requirements for juvenile dependency  
            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: 







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          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  
            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
          







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          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  
          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.  

          When a child is suspected to be a victim of abuse or neglect, a  
          county welfare social worker is required to immediately  
          investigate the complaint.  If the complaint is valid, the child  
          is removed from a parent's physical custody and may be placed in  
          the temporary custody of the social worker, a responsible  
          relative, or guardian. The social worker is required to file a  
          petition with the juvenile court, and the court then holds a  
          detention hearing to determine whether the child should be  
          further detained. If the child is further detained, the court  
          must then hold a dispositional hearing to ascertain whether  
          there are child welfare services that would permit the child to  
          return home, and, if appropriate, order services to reunify the  
          child and family.  In "family reunification" cases where the  
          child is placed in out-of-home care, and "family maintenance"  
          cases where the child is returned to the parent's custody, the  
          juvenile court must hold periodic review hearings, generally  
          every six months, to monitor the progress of the services being  
          offered to the family and the best interests of the child.  

          For each of the above 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.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/6/15)








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          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   
          Juvenile Court Judges of California
          San Bernardino County
          Santa Clara County Board of Supervisors
          Urban Counties Caucus


          OPPOSITION:   (Verified7/6/15)


          None received


          ARGUMENTS IN SUPPORT:     According to the author: 


            Sending legal 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.   
            In Los Angeles County alone, on average 30 dependency hearings  
            per day in 20 courtrooms are conducted, leading to  
            approximately 12,000 hearings per month.  For individuals  
            without a permanent address, receiving court notices in a  
            timely fashion in order to engage in a hearing is a challenge.  



            AB 879 adds an additional avenue for complying with notice  
            requirements in some juvenile court proceedings.   
            Specifically, AB 879 allows notification of most juvenile  
            dependency court proceedings to be provided by electronic mail  
            when the party to be served has consented to service by  
            electronic mail by signing Judicial Council Form EFS-005.  For  
            hearings that involve the possible termination of parental  
            rights, however, notice must be provided as required under  
            current law and may additionally be given by electronic mail.   
            The provisions of AB 879 are voluntary, and require all  
            parties - the county, the courts, and the individuals  







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            themselves to agree to send/receive notices electronically.   




          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
          7/8/15 12:02:37


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