BILL ANALYSIS Ó AB 2380 Page 1 Date of Hearing: April 19, 2016 Counsel: Sandra Uribe ASSEMBLY COMMITTEE ON PUBLIC SAFETY Reginald Byron Jones-Sawyer, Sr., Chair AB 2380 (Alejo) - As Amended April 18, 2016 SUMMARY: Requires the court, at the arraignment of a defendant charged with a felony who is the sole custodial parent of a minor child, to provide specified information on options regarding the care of the child. Specifically, this bill: 1)Requires the court, at the arraignment of a defendant charged with a felony and who is the sole custodial parent of one or more minor children, to provide the following to the defendant: a) The "guardianship pamphlet" prepared by the Judicial Council, as specified; b) Information regarding a power of attorney for a minor child; and, c) Information regarding trustline background examinations pertaining to childcare providers, as specified. EXISTING LAW: 1)States that the arraignment consists of reading the accusatory pleading to the defendant, providing the defendant a copy of AB 2380 Page 2 the accusatory pleading, and asking the defendant whether he or she pleads guilty or not guilty to the accusatory pleading. (Pen. Code, § 988.) 2)States that if the defendant appears at arraignment without counsel, the court shall inform defendant of the right to counsel being arraigned, and shall ask the defendant whether he or she desires the assistance of counsel. (Pen. Code, §§ 858, subd. (a) & 987, subd. (a).) 3)Requires the court to advise defendants at arraignment that there are special provisions of law applicable to those who have active duty or veteran status, and shall inform the defendant that if he or she is a member of the military or a veteran that he or she may request the Judicial Council form explaining those special rights. (Pen. Code, § 858, subd. (d).) 4)Requires, prior to acceptance of a plea of guilty or nolo contendere to any offense punishable as a crime under state law, the court to advise the defendant on the record about the potential immigration consequences of a plea. (Pen. Code, § 1016.5, subd. (a).) FISCAL EFFECT: Unknown COMMENTS: 1)Author's Statement: According to the author, "I authored this legislation in response to the recent tragic killing of two young children and the brutal torture of their sister from East Salinas who had been placed in the custody of their aunt after their only living parent was sent to prison. Ensuring the health and safety of our children is one of the most essential roles of government. Our system failed these children. This bill requires the court, at the arraignment of a parent who is charged with a felony and who is the sole guardian of his or her child, to provide that parent with information on options regarding the provision of care for his AB 2380 Page 3 or her child, in the parent's absence, including: ways in which to formalize the relationship with the person with whom he/she is entrusting the care of his/her child (such as appointing power of attorney), and the availability of services to research a potential caretaker's background." 2)Care Options for Children of Incarcerated Parents: Parental incarceration can be traumatic for children, and it can have damaging impacts on a child's education, health, and social relationships. For children who do not have another parent at home, being placed with a relative is often the most stable option, allowing a child to maintain relationships and, ideally, to live at or near his or her home and attend his or her regular school. For a parent who is sentenced to prison and who is the sole guardian, options exist for formalizing the relationship between a chosen caregiver and a parent's child(ren). These can include more informal arrangements, such as completing a Caregiver's Authorization Affidavit, which is a two-page form that an authorized relative can sign which allows a qualified relative to enroll a child in school and agree to school-related medical care for the child. This option does not give a caregiver legal custody over a child. Another option is to grant Power of Attorney to a caregiver, which authorizes an individual to act as a caregiver for a child, and to make decisions regarding the child on behalf of parent. More formal options could also be sought, including legal guardianship, whereby the court may appoint an individual to have custody of a child indefinitely. Legal guardianship does not terminate a parent's rights, but suspends them. These, and other, options each come with various benefits and drawbacks, depending on the circumstances, and parents need to consider their family's particular needs and situation when deciding which, if any, option to pursue. 3)Arraignment: The arraignment is the defendant's first court appearance. At this time, the defendant is informed of the nature of the charges, is given a copy of the accusatory pleading, and also given an opportunity to enter a plea. AB 2380 Page 4 (Pen. Code, § 988.) At this time judge or magistrate also advises the defendant of the right to counsel and the right to a court-appointed attorney, if he or she is indigent. 4)TrustLine: TrustLine, created by the California Legislature in the 1980s, is a registry of license-exempt child care providers who have cleared a criminal background check run by the Department of Social Services that includes a check of the Child Abuse Central Index (CACI) administered by the Attorney General and the California Department of Justice's California Criminal History System, and can involve a check of criminal history records at the Federal Bureau of Investigation. Child care providers listed on TrustLine do not have either of the following: disqualifying criminal convictions or substantiated reports of child abuse found on CACI. Applicants for the registry must complete a form, submit fingerprints, and pay a one-time fee to DSS. Fees can vary, and start at approximately $135. Parents are able to check if an individual is listed on the registry by calling a toll-free number. 5)Prior Legislation: AB 267 (Jones-Sawyer), of the 2015-2016 Legislative session, would have required the court at the time of entry of plea to advise the defendant that conviction of a felony results in various consequences. AB 267 was vetoed. REGISTERED SUPPORT / OPPOSITION: Support None Opposition None AB 2380 Page 5 Analysis Prepared by: Sandy Uribe / PUB. S. / (916) 319-3744