BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 879| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 879 Page 2 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: AB 879 Page 3 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 AB 879 Page 4 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) AB 879 Page 5 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 CaliforniaJuvenile 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 AB 879 Page 6 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 **** END ****