BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                            Senator Carole Migden, Chair

                                           1338 (Nation)
          
          Hearing Date:  8/15/05          Amended: 7/5/05
          Consultant: Tiffany Chung/ Karen FrenchPolicy Vote: Jucidiary  
          4-2
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          ____
          BILL SUMMARY:   AB 1338 would require an immigration attorney to  
          represent a foster youth who is not a lawful permanent resident  
          or citizen of the US so that the youth may pursue special  
          immigration status, legal status, or citizenship. 
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions               2005-06     2006-07    2007-08    Fund
           County Mandate               $300      $600     600      General

          Judicial Council             $0        $25      $0       General
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria to be referred to  
          the Suspense File.
          
          This bill would require an immigration attorney to be provided  
          to a foster youth who is not a lawful permanent resident or  
          citizen in the US to help the foster youth pursue special  
          immigration status, legal status, or citizenship in the US.   
          This provision exempts counties with similar and existing  
          services and programs.  Additionally, this bill requires the  
          Judicial Council to disseminate rules of the court relating to  
          the qualifications of those attorneys.  The implementation of  
          this bill is contingent upon an appropriation in the annual  
          Budget Act or another statute.  Reimbursements by the state will  
          be provided, as determined by the Commission on State Mandates.

          Los Angeles County already provides similar services to  
          approximately 200 children each year.  Fiscal estimates for this  
          bill assume an additional 200 children annually would need  
          immigration counsel at a cost of between $1,000 and $5,000 per  
          child depending upon the complexity of the case.  The mandated  
          costs noted above assume an average per case of $3,000.











          Judicial Council estimates a one time cost of $25,000 to hire  
          external assistance to develop rules mandated by this bill.

          This bill is similar to AB 1895 (Nation) of 2004.  AB 1895 was  
          vetoed by Governor Schwarzenegger with the following message:

          "Current law already requires the court to appoint an attorney  
          to represent the child in dependency proceedings.  Counties  
          already have the option of appointing an attorney to assist in  
          resolving the immigration status of a child.  This bill will  
          apply an overbroad solution to all counties regardless of the  
          individual needs of each jurisdiction."