BILL NUMBER: AB 131 CHAPTERED
BILL TEXT
CHAPTER 413
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 3, 2009
PASSED THE ASSEMBLY SEPTEMBER 9, 2009
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 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, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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. 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. 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 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 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.