BILL ANALYSIS
AB 2480
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Date of Hearing: April 26, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 2480 (Evans) - As Amended: April 18, 2006
Policy Committee: JudiciaryVote:6 -
3
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill provides children in the child welfare services system
with adequate legal representation as their cases progress
through the juvenile court system. Specifically, this bill:
1)Specifies that children in the child welfare services system
have a right to legal counsel throughout the progression of
their case through dependency court, including any appellate
proceedings.
2)Specifies that a child over 12 years of age can invoke the
right of privilege for psychotherapists, clergy, and
physicians.
3)Requires Judicial Counsel to provide the Legislature, by
January 1, 2008, information regarding caseload standards for
attorneys representing children in juvenile court.
FISCAL EFFECT
1)The Judicial Council estimates a cost for legal counsel of
approximately $3 million.
2)Minor absorbable costs for the Judicial Council to establish
caseload standards and training requirements for appointed
counsel.
AB 2480
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COMMENTS
1)Rationale . This bill would extend the right to legal counsel
for foster children during any appellate proceedings. Foster
children already have the right to legal representation during
all other phases of their case in juvenile court. Further,
this bill ensures that foster youths' communication with
psychotherapists, clergy, and physicians remain confidential
unless the youths waive their right to privilege.
According to the author's office, foster youth, unlike all other
participants in the dependency court process, are not
currently entitled to counsel on appeal of their case.
Depending on the nature of the appeal and the county of
jurisdiction, a foster youth may be represented by an attorney
during an appeal, yet representation is not guaranteed.
2)Prior Legislation. SB 2160 (Chapter 450, Statutes of 2000),
directed the Judicial Council, by July 1, 2001, to develop
caseload standards, training requirements and guidelines for
the appointment of counsel to children in dependency cases.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081