BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2380


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          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  








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            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  








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            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.   








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            (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  









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          Analysis Prepared  
          by:              Sandy Uribe / PUB. S. / (916) 319-3744