BILL NUMBER: AB 131 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 1, 2009
AMENDED IN SENATE JULY 15, 2009
AMENDED IN SENATE JUNE 15, 2009
AMENDED IN ASSEMBLY MARCH 24, 2009
AMENDED IN ASSEMBLY MARCH 11, 2009
INTRODUCED BY Assembly Member Evans
JANUARY 20, 2009
An act to amend Section 68085.1 of the Government Code,
and to amend Sections 903.1 and 903.45 of, and to add
Section 903.47 to, the Welfare and Institutions Code, relating to
juvenile court costs.
LEGISLATIVE COUNSEL'S DIGEST
AB 131, as amended, Evans. Juvenile proceedings: costs.
Existing law provides for the appointment of counsel to represent
a parent or guardian of a child, or the child, in juvenile court
proceedings if the parent or guardian is unable to afford counsel.
Existing law also provides that the father, mother, spouse, or other
person liable for the support of the minor shall be liable to the
county for those costs, except as specified, and, more generally, for
specified other costs, including the reasonable costs of support of
the minor while the minor is placed in , detained in, or
committed to, any institution pursuant to an order of the juvenile
court or pursuant to the authority of a peace officer to take a minor
into temporary custody.
Existing law authorizes the board of supervisors to designate a
county financial evaluation officer to make financial evaluations of
liability for reimbursement of the costs described above, as
specified, and authorizes that officer to petition the court for an
order requiring the person who is determined to be financially
responsible to pay the costs.
This bill would expand the provisions described above to
specifically provide that the persons who are liable for the support
of the minor shall also be liable for the cost to the county or the
court for the cost of legal services rendered to the minor, except
under specified circumstances. The bill would specify that the
fees collected pursuant to this provision be deposited in the Trial
Court Trust Fund.
The bill would require the Judicial Council to establish a cost
recovery program, including a specified statewide standard for
determining the ability to pay, to collect reimbursements for the
costs of counsel appointed by the court to represent parents or
minors, as specified. The bill would also authorize the court, with
the consent of the county and pursuant to the terms and conditions
agreed upon by the court and the county , to designate a
financial evaluation officer to make financial evaluations of
liability for reimbursement pursuant to the provision governing
liability for the cost to the county or the court of legal services
rendered to the minor. The bill would also make related and technical
changes.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 68085.1 of the Government
Code is amended to read:
68085.1. (a) This section applies to all fees and fines that are
collected on or after January 1, 2006, under all of the following:
(1) Sections 177.5, 209, 403.060, 491.150, 631.3, 683.150,
704.750, 708.160, 724.100, 1134, 1161.2, 1218, and 1993.2 of,
subdivision (g) of Section 411.20 and subdivisions (c) and (g) of
Section 411.21 of, and Chapter 5.5 (commencing with Section 116.110)
of Title 1 of Part 1 of, the Code of Civil Procedure.
(2) Section 3112 of the Family Code.
(3) Section 31622 of the Food and Agricultural Code.
(4) Subdivision (d) of Section 6103.5, Sections 68086 and 68086.1,
paragraph (3) of subdivision (a) of Section 68638, Sections 68926.1
and 69953.5, and Chapter 5.8 (commencing with Section 70600) of this
code.
(5) Section 103470 of the Health and Safety Code.
(6) Subdivisions (b) and (c) of Section 166 and Section 1214.1 of
the Penal Code.
(7) Sections 1835, 1851.5, 7660, and 13201 of the Probate Code.
(8) Sections 14607.6 and 16373 of the Vehicle Code.
(9) Section 71386 of this code, Sections 304, 7851.5, and 9002 of
the Family Code, Section 1513.1 of the Probate Code, and Section
903.1 of the Welfare and Institutions Code, if the reimbursement is
for expenses incurred by the court.
(10) Section 3153 of the Family Code, if the amount is paid to the
court for the cost of counsel appointed by the court to represent a
child.
(b) On and after January 1, 2006, each superior court shall
deposit all fees and fines listed in subdivision (a), as soon as
practicable after collection and on a regular basis, into a bank
account established for this purpose by the Administrative Office of
the Courts. Upon direction of the Administrative Office of the
Courts, the county shall deposit civil assessments under Section
1214.1 of the Penal Code and any other money it collects under the
sections listed in subdivision (a) as soon as practicable after
collection and on a regular basis into the bank account established
for this purpose and specified by the Administrative Office of the
Courts. The deposits shall be made as required by rules adopted by,
and financial policies and procedures authorized by, the Judicial
Council under subdivision (a) of Section 77206. Within 15 days after
the end of the month in which the fees and fines are collected, each
court, and each county that collects any fines or fees under
subdivision (a), shall provide the Administrative Office of the
Courts with a report of the fees by category as specified by the
Administrative Office of the Courts. The Administrative Office of the
Courts and any court may agree upon a time period greater than 15
days, but in no case more than 30 days after the end of the month in
which the fees and fines are collected. The fees and fines listed in
subdivision (a) shall be distributed as provided in this section.
(c) (1) Within 45 calendar days after the end of the month in
which the fees and fines listed in subdivision (a) are collected, the
Administrative Office of the Courts shall make the following
distributions:
(A) To the small claims advisory services, as described in
subdivision (f) of Section 116.230 of the Code of Civil Procedure.
(B) To dispute resolution programs, as described in subdivision
(b) of Section 68085.3 and subdivision (b) of Section 68085.4.
(C) To the county law library funds, as described in Sections
116.230 and 116.760 of the Code of Civil Procedure, subdivision (b)
of Section 68085.3, subdivision (b) of Section 68085.4, and Section
70621 of this code, and Section 14607.6 of the Vehicle Code.
(D) To the courthouse construction funds in the Counties of
Riverside, San Bernardino, and San Francisco, as described in
Sections 70622, 70624, and 70625.
(2) If any distribution under this subdivision is delinquent, the
Administrative Office of the Courts shall add a penalty to the
distribution as specified in subdivision (i).
(d) Within 45 calendar days after the end of the month in which
the fees and fines listed in subdivision (a) are collected, the
amounts remaining after the distributions in subdivision (c) shall be
transmitted to the State Treasury for deposit in the Trial Court
Trust Fund and other funds as required by law. This remittance shall
be accompanied by a remittance advice identifying the collection
month and the appropriate account in the Trial Court Trust Fund or
other fund to which it is to be deposited. Upon the receipt of any
delinquent payment required under this subdivision, the Controller
shall calculate a penalty as provided under subdivision (i).
(e) From the money transmitted to the State Treasury under
subdivision (d), the Controller shall make deposits as follows:
(1) Into the State Court Facilities Construction Fund, the Judges'
Retirement Fund, and the Equal Access Fund, as described in
subdivision (c) of Section 68085.3 and subdivision (c) of Section
68085.4.
(2) Into the Health Statistics Special Fund, as described in
subdivision (b) of Section 70670 of this code and Section 103730 of
the Health and Safety Code.
(3) Into the Family Law Trust Fund, as described in Section 70674.
(4) Into the Immediate and Critical Needs Account of the State
Court Facilities Construction Fund, established in Section 70371.5,
as described in Sections 68085.3, 68085.4, and 70657.5, and
subdivision (e) of Section 70617.
(5) The remainder of the money shall be deposited into the Trial
Court Trust Fund.
(f) The amounts collected by each superior court under Section
116.232, subdivision (g) of Section 411.20, and subdivision (g) of
Section 411.21 of the Code of Civil Procedure, Sections 304, 3112,
3153, 7851.5, and 9002 of the Family Code, subdivision (d) of Section
6103.5, paragraph (3) of subdivision (a) of Section 68638, and
Sections 68926.1, 69953.5, 70627, 70631, 70640, 70661, 70678, and
71386 of this code, and Sections 1513.1, 1835, and 1851.5 of the
Probate Code shall be added to the monthly apportionment for that
court under subdivision (a) of Section 68085.
(g) If any of the fees provided in subdivision (a) are partially
waived by court order or otherwise reduced, and the fee is to be
divided between the Trial Court Trust Fund and any other fund or
account, the amount of the reduction shall be deducted from the
amount to be distributed to each fund in the same proportion as the
amount of each distribution bears to the total amount of the fee. If
the fee is paid by installment payments, the amount distributed to
each fund or account from each installment shall bear the same
proportion to the installment payment as the full distribution to
that fund or account does to the full fee. If a court collects a fee
that was incurred before January 1, 2006, under a provision that was
the predecessor to one of the paragraphs contained in subdivision
(a), the fee may be deposited as if it were collected under the
paragraph of subdivision (a) that corresponds to the predecessor of
that paragraph and distributed in prorated amounts to each fund or
account to which the fee in subdivision (a) must be distributed.
(h) Except as provided in Sections 470.5 and 6322.1 of the
Business and Professions Code, and Sections 70622, 70624, and 70625
of this code, no agency may take action to change the amounts
allocated to any of the funds described in subdivision (c), (d), or
(e).
(i) The amount of the penalty on any delinquent payment under
subdivision (c) or (d) shall be calculated by multiplying the amount
of the delinquent payment at a daily rate equivalent to 11/2 percent
per month for the number of days the payment is delinquent. The
penalty shall be paid from the Trial Court Trust Fund. Penalties on
delinquent payments under subdivision (d) shall be calculated only on
the amounts to be distributed to the Trial Court Trust Fund and the
State Court Facilities Construction Fund, and each penalty shall be
distributed proportionately to the funds to which the delinquent
payment was to be distributed.
(j) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a superior court under subdivision (b), the
court shall reimburse the Trial Court Trust Fund for the amount of
the penalty. Notwithstanding Section 77009, any penalty on a
delinquent payment that a court is required to reimburse pursuant to
this section shall be paid from the court operations fund for that
court. The penalty shall be paid by the court to the Trial Court
Trust Fund no later than 45 days after the end of the month in which
the penalty was calculated. If the penalty is not paid within the
specified time, the Administrative Office of the Courts may reduce
the amount of a subsequent monthly allocation to the court by the
amount of the penalty on the delinquent payment.
(k) If a delinquent payment under subdivision (c) or (d) results
from a delinquency by a county in transmitting fees and fines listed
in subdivision (a) to the bank account established for this purpose,
as described in subdivision (b), the county shall reimburse the Trial
Court Trust Fund for the amount of the penalty. The penalty shall be
paid by the county to the Trial Court Trust Fund no later than 45
days after the end of the month in which the penalty was calculated.
SEC. 2. SECTION 1. Section 903.1 of
the Welfare and Institutions Code is amended to read:
903.1. (a) The father, mother, spouse, or other person liable for
the support of a minor, the estate of that person, and the estate of
the minor, shall be liable for the cost to the county or the court,
whichever entity incurred the expenses, of legal services rendered to
the minor by an attorney pursuant to an order of the juvenile court.
The father, mother, spouse, or other person liable for the support
of a minor and the estate of that person shall also be liable for any
cost to the county or the court of legal services rendered directly
to the father, mother, or spouse, of the minor or any other person
liable for the support of the minor, in a dependency proceeding by an
attorney appointed pursuant to an order of the juvenile court. The
liability of those persons (in this article called relatives) and
estates shall be a joint and several liability.
(b) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs of any of the legal services provided to any person described
in this section if a petition to declare the minor a dependent child
of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing.
(c) Fees received pursuant to this section shall be transmitted to
the Administrative Office of the Courts in the same manner as
prescribed in Section 68085.1 of the Government Code. The
Administrative Office of the Courts shall deposit the fees received
pursuant to this section into the Trial Court Trust Fund.
SEC. 3. SEC. 2. Section 903.45 of
the Welfare and Institutions Code is amended to read:
903.45. (a) The board of supervisors may designate a county
financial evaluation officer pursuant to Section 27750 of the
Government Code to make financial evaluations of liability for
reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25,
903.3, and 903.5, and other reimbursable costs allowed by law, as set
forth in this section.
(b) In any county where a board of supervisors has designated a
county financial evaluation officer, the juvenile court shall, at the
close of the disposition hearing, order any person liable for the
cost of support, pursuant to Section 903, the cost of legal services
as provided for in Section 903.1, probation costs as provided for in
Section 903.2, or any other reimbursable costs allowed under this
code, to appear before the county financial evaluation officer for a
financial evaluation of his or her ability to pay those costs; and if
the responsible person is not present at the disposition hearing,
the court shall cite him or her to appear for such a financial
evaluation. In the case of a parent, guardian, or other person
assessed for the costs of transport, food, shelter, or care of a
minor under Section 207.2 or 903.25, the juvenile court shall, upon
request of the county probation department, order the appearance of
the parent, guardian, or other person before the county financial
evaluation officer for a financial evaluation of his or her ability
to pay the costs assessed.
If the county financial evaluation officer determines that a
person so responsible has the ability to pay all or part of the
costs, the county financial evaluation officer shall petition the
court for an order requiring the person to pay that sum to the county
or court, depending on which entity incurred the expense. If the
parent or guardian is liable for costs for legal services pursuant to
Section 903.1, the parent or guardian has been reunified with the
child pursuant to a court order, and the county financial evaluation
officer determines that repayment of the costs would harm the ability
of the parent or guardian to support the child, then the county
financial evaluation officer shall not petition the court for an
order of repayment, and the court shall not make that order. In
addition, if the parent or guardian is currently receiving
reunification services, and the court finds that repayment by the
parent or guardian will pose a barrier to reunification with the
child because it will limit the ability of the parent or guardian to
comply with the requirements of the reunification plan or compromise
the parent's or guardian's current or future ability to meet the
financial needs of the child, or in any case in which the court finds
that the repayment would be unjust under the circumstances of the
case, the court shall not order repayment by the parent or guardian.
In evaluating a person's ability to pay under this section, the
county financial evaluation officer and the court shall take into
consideration the family's income, the necessary obligations of the
family, and the number of persons dependent upon this income. Any
person appearing for a financial evaluation shall have the right to
dispute the county financial evaluation officer's determination, in
which case he or she shall be entitled to a hearing before the
juvenile court. The county financial evaluation officer at the time
of the financial evaluation shall advise such a person of his or her
right to a hearing and of his or her rights pursuant to subdivision
(c).
At the hearing, any person so responsible for costs shall be
entitled to have, but shall not be limited to, the opportunity to be
heard in person, to present witnesses and other documentary evidence,
to confront and cross-examine adverse witnesses, to disclosure of
the evidence against him or her, and to receive a written statement
of the findings of the court. The person shall have the right to be
represented by counsel, and, when the person is unable to afford
counsel, the right to appointed counsel. If the court determines that
the person has the ability to pay all or part of the costs,
including the costs of any counsel appointed to represent the person
at the hearing, the court shall set the amount to be reimbursed and
order him or her to pay that sum to the county or court, depending on
which entity incurred the expense, in a manner in which the court
believes reasonable and compatible with the person's financial
ability.
If the person or persons, after having been ordered to appear
before the county financial evaluation officer, have been given
proper notice and fail to appear as ordered, the county financial
evaluation officer shall recommend to the court that he, she, or they
be ordered to pay the full amount of the costs. Proper notice to
him, her, or them shall contain all of the following:
(1) That he, she, or they have a right to a statement of the costs
as soon as it is available.
(2) His, her, or their procedural rights under Section 27755 of
the Government Code.
(3) The time limit within which his, her, or their appearance is
required.
(4) A warning that if he, she, or they fail to appear before the
county financial evaluation officer, the officer will recommend that
the court order him, her, or them to pay the costs in full.
If the county financial evaluation officer determines that the
person or persons have the ability to pay all or a portion of these
costs, with or without terms, and he, she, or they concur in this
determination and agree to the terms of payments, the county
financial evaluation officer, upon his or her written evaluation and
the person's or persons' written agreement, shall petition the court
for an order requiring him, her, or them to pay that sum to the
county or the court in a manner which is reasonable and compatible
with his, her, or their financial ability. This order may be granted
without further notice to the person or persons, provided a copy of
the order is served on him, her, or them by mail.
However, if the county financial evaluation officer cannot reach
an agreement with the person or persons with respect to either the
liability for the costs, the amount of the costs, his, her, or their
ability to pay the same, or the terms of payment, the matter shall be
deemed in dispute and referred by the county financial evaluation
officer back to the court for a hearing.
(c) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the basis of a change in circumstances relating to his or
her ability to pay the judgment.
(d) Execution may be issued on the order in the same manner as on
a judgment in a civil action, including any balance remaining unpaid
at the termination of the court's jurisdiction over the minor.
SEC. 4. SEC. 3. Section 903.47 is
added to the Welfare and Institutions Code, to read:
903.47. (a) The Judicial Council shall establish a program to
collect reimbursements from the person liable for the costs of
counsel appointed to represent parents or minors pursuant to Section
903.1.
(1) As part of the program, the Judicial Council shall:
(A) Adopt a statewide standard for determining the ability to pay
reimbursements for counsel, which shall at a minimum include the
family's income, their necessary obligations, the number of
individuals dependent on this income, and the cost
effectiveness cost-effectiveness of the program.
(B) Adopt policies and procedures allowing a court to recover from
the money collected the costs associated with collecting delinquent
reimbursements. The policies and procedures shall at a minimum limit
the amount of money a court may recover to a reasonable proportion of
the delinquent reimbursements collected and provide the terms and
conditions under which a court may use a third-party
third party to collect delinquent reimbursements.
(2) The money collected shall be deposited as required by Section
68085.1 of the Government Code. Except as otherwise authorized by law
, the money collected under this program shall be
utilized to reduce caseloads, for attorneys appointed by the court,
to the caseload standard approved by the Judicial Council. Priority
shall be given to those courts with the highest attorney caseloads
that also demonstrate the ability to immediately improve outcomes for
parents and children as a result of lower attorney caseloads.
(b) With the consent of the county and pursuant to the terms and
conditions agreed upon by the court and county, the court may
designate a financial evaluation officer to make financial
evaluations of liability for reimbursement pursuant to Section 903.1.
In processing reimbursement of payments pursuant to Section 903.1,
the court and financial evaluation officer shall follow the
procedures set forth for county financial evaluation officers in
subdivisions (b), (c), and (d) of Section 903.45.