BILL NUMBER: AB 2480	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 23, 2006

   An act to amend Section 395 of the Welfare and Institutions Code,
relating to dependent children.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2480, as introduced, Evans  Dependent children: counsel.
   Existing law requires the court to appoint counsel for a child in
dependency proceedings at the trial level, unless the court finds
that the child would not benefit from the appointment of counsel.
   This bill would require the court to appoint counsel for the child
in subsequent appellate proceedings unless the court finds that the
child would not benefit from the appointment of counsel.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 395 of the Welfare and Institutions Code is
amended to read:
   395.   (a)     (1)    A
judgment in a proceeding under Section 300 may be appealed from in
the same manner as any final judgment, and any subsequent order may
be appealed from as from an order after judgment; but no such order
or judgment shall be stayed by the appeal, unless, pending the
appeal, suitable provision is made for the maintenance, care, and
custody of the person alleged or found to come within the provisions
of Section 300, and unless the provision is approved by an order of
the juvenile court. The appeal shall have precedence over all other
cases in the court to which the appeal is taken.
    (2)    A judgment or subsequent order entered
by a referee shall become appealable whenever proceedings pursuant to
Section 252, 253, or 254 have become completed or, if proceedings
pursuant to Section 252, 253, or 254 are not initiated, when the time
for initiating the proceedings has expired.
    (3)    An appellant unable to afford counsel,
shall be provided a free copy of the transcript in any appeal.
    (4)    The record shall be prepared and
transmitted immediately after filing of the notice of appeal, without
advance payment of fees. If the appellant is able to afford counsel,
the county may seek reimbursement for the cost of the transcripts
under subdivision  (c)   (d)  of Section
68511.3 of the Government Code as though the appellant had been
granted permission to proceed in forma pauperis.  
   (b) If a child is not represented by counsel in an appellate
proceeding, the court shall appoint counsel for the child unless the
court finds that the child would not benefit from the appointment of
counsel. The court shall state on the record its reasons for that
finding. A primary responsibility of any counsel appointed to
represent a child pursuant to this subdivision shall be to advocate
for the protection, safety, and physical and emotional well being of
the child in any appellate proceeding. Counsel may not represent
another party or county agency whose interests conflict with the
child's interests.