BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 316| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 SB 316 Page 2 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 SB 316 Page 3 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) SB 316 Page 4 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, SB 316 Page 5 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 **** END ****