BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                        SB 316|
          |Office of Senate Floor Analyses   |                              |
          |(916) 651-1520    Fax: (916)      |                              |
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                                   THIRD READING 


          Bill No:  SB 316
          Author:   Mitchell (D), et al.
          Introduced:2/23/15  
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  6-0, 4/14/15
           AYES:  Jackson, Vidak, Anderson, Leno, Monning, Wieckowski
           NO VOTE RECORDED:  Hertzberg

           SENATE APPROPRIATIONS COMMITTEE:  7-0, 5/28/15
           AYES:  Lara, Bates, Beall, Hill, Leyva, Mendoza, Nielsen

           SUBJECT:   Dependency proceedings:  counsel


          SOURCE:    Author
          
          DIGEST:  This bill prohibits counsel representing a child or  
          nonminor dependent in dependency proceedings from having a  
          caseload that exceeds 77 clients, unless the counsel has the  
          assistance of a social worker or investigator, as specified, in  
          which case the caseload shall not exceed 188 clients.  This bill  
          additionally strikes a requirement that the Judicial Council  
          promulgate rules of court to establish caseload standards.

          ANALYSIS:   


          Existing law:


          1)Authorizes the juvenile court to adjudge minor children  
            "dependents" of the court in response to allegations of abuse  








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            or neglect, as specified. (Welf. & Inst. Code Sec. 300 et  
            seq.)


          2)Requires the court to appoint counsel for children or nonminor  
            dependents in dependency proceedings who are not represented  
            by counsel, unless the court finds that the child would not  
            benefit from that appointment.  (Welf. & Inst. Code Sec.  
            317(c).)


          3)Provides the appointed counsel shall have a caseload and  
            training that ensures adequate representation of the child or  
            nonminor dependent, and requires the Judicial Council to  
            promulgate rules of court that establish caseload standards,  
            training requirements, and guidelines for appointed counsel  
            for children and nonminor dependents, as specified.  (Welf. &  
            Inst. Code Sec. 317(c).)


          This bill:

          1)Deletes the requirement that the Judicial Council promulgate  
            rules of court to establish caseload standards.

          2)Prohibits counsel representing a child or nonminor dependent  
            in dependency proceedings from having a caseload that exceeds  
            77 child or nonminor dependent clients, unless the counsel has  
            the assistance of a social worker or investigator who is  
            employed at least on a half-time basis, in which case the  
            caseload shall not exceed 188 child or nonminor dependent  
            clients.

          Background

          Every year, due to abuse or neglect, children are removed from  
          their home and placed in the juvenile dependency system.  The  
          court is required to appoint minor's counsel, unless the child  
          would not benefit from counsel.  In 2000, the Legislature  
          enacted SB 2160 (Schiff, Chapter 450, Statutes of 2000) which  
          presumed that children entering the dependency system would  
          benefit from counsel and required appointed counsel to have  
          caseloads and training that ensure adequate representation.   
          Under that bill, the Judicial Council was required to promulgate  







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          rules establishing caseload standards.  To that end, the  
          Judicial Council conducted a study in 2002 and recommended "that  
          a maximum caseload of 141 clients per full-time dependency  
          attorney be the base-level standard of performance; a maximum  
          caseload of 77 clients was identified as necessary for an  
          optimal, or best practice, standard of performance." (Judicial  
          Council of Cal., Admin Off. of Cts., Dependency Counsel Caseload  
          Standards: A Report to the California Legislature (Apr. 2008),  
          p. 7.)  

          Subsequent studies modified that caseload standard to a maximum  
          of 188 clients per attorney if the attorney had the assistance  
          of a half-time social worker or investigator. (Id at 8.)  The  
          Judicial Council adopted the revised caseload standard in 2007,  
          but noted that "although a caseload standard has been formally  
          adopted, there is widespread recognition that there is not  
          currently sufficient funding available to implement that  
          standard." (Id.)

          This bill establishes, in statute, a caseload standard of 77  
          clients, or 188 clients if counsel has the assistance of a  
          social worker or investigator, as specified, per minor's  
          counsel, and removes the requirement that the Judicial Council  
          promulgate caseload standards.

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

          According to the Senate Appropriations Committee:

           Major ongoing costs of between $33.1 million and $92.4 million  
            (General Fund) per year for additional attorneys to meet the  
            specified caseload standards ranging from the maximum of 188  
            clients per attorney to the optimal standard of 77 clients per  
            attorney.

           Unknown but potentially significant future cost savings in  
            child welfare services and court operations to the extent  
            additional dependency counsel results in more effective  
            representation for children in dependency proceedings and more  
            efficient court processes.


          SUPPORT:   (Verified5/29/15)







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          California Alliance of Child and Family Services
          Children's Advocacy Institute
          Children's Law Center
          Legal Advocates for Children & Youth
          Legal Services for Prisoners with Children
          National Association of Social Workers - California Chapter
          National Center for Youth Law 


          OPPOSITION:   (Verified 5/29/15)




          Los Angeles Dependency Lawyers 


          ARGUMENTS IN SUPPORT:      The Children's Law Center, a  
          nonprofit legal services organization that represents over  
          32,000 foster children, writes in support, "Each of our  
          attorneys represents, on average, 300 child clients.  This is  
          drastically higher than the caseload standard as recommended by  
          a 2008 American Humane Society caseload study.  That study  
          concluded that the optimal caseload for a dependency attorney is  
          77 clients, while the maximum is 188 (when assisted by a social  
          work investigator.) Currently, 32 counties throughout California  
          are not sufficiently funded to meet even the maximum caseload  
          standard.  In 15 California counties, attorneys are so  
          under-resources that caseloads are more than double that of the  
          maximum standard." 

          ARGUMENTS IN OPPOSITION:The Los Angeles Dependency Lawyers, who  
          represent parents in dependency proceedings, argue that this  
          bill, by imposing caseload limits on minors' counsel but not  
          parents' counsel, creates a rift in the dependency system.  The  
          Los Angeles Dependency Lawyers write that this bill "only solve  
          part of the plight of the underfunded and unconscionable high  
          caseloads of child and parent dependency lawyers. In fact what  
          is being proposed would significantly work to the detriment of  
          California children and families. ? Mandating smaller caseloads  
          only for children's counsel neglects the need for smaller  
          caseloads for parents (and guardians' counsel).  This of course,  







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          sends a direct message to parents, parents' and guardians'  
          counsel, other agencies and entities in the dependency system,  
          and the judiciary that parents are not as important as  
          children's counsel."



          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          5/30/15 10:32:50


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