BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 179|
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UNFINISHED BUSINESS
Bill No: SB 179
Author: Runner (R)
Amended: 5/20/10
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 3/31/09
AYES: Corbett, Harman, Florez, Leno, Walters
SENATE FLOOR : 32-2, 4/16/09
AYES: Aanestad, Alquist, Ashburn, Benoit, Cogdill,
Corbett, Cox, Denham, DeSaulnier, Dutton, Florez,
Hancock, Harman, Hollingsworth, Huff, Kehoe, Leno, Liu,
Lowenthal, Maldonado, Padilla, Pavley, Romero, Runner,
Steinberg, Strickland, Walters, Wiggins, Wolk, Wright,
Wyland, Yee
NOES: Correa, Negrete McLeod
NO VOTE RECORDED: Calderon, Cedillo, Ducheny, Oropeza,
Simitian, Vacancy
ASSEMBLY FLOOR : 75-0, 6/21/10 - See last page for vote
SUBJECT : Juvenile law: referee
SOURCE : Los Angeles County Board of Supervisors
DIGEST : This bill provides that a party who is present
at the termination of rights hearing before a commissioner
or referee may be served at that time with the findings,
the order, and an explanation of the right to appeal the
termination order.
CONTINUED
SB 179
Page
2
Assembly Amendments deleted provisions shortening the
appeal time period.
ANALYSIS : Existing law requires a referee to hear cases
assigned to him or her by the presiding judge of the
juvenile court. (Section 248 of the Welfare and
Institutions Code [WIC])
Existing law requires the referee to furnish to the
presiding judge and the minor, if the minor is 14 years of
age or older or makes that request, and to serve upon the
minor's attorney, a written copy of the referee's findings
and order. (WIC Section 248)
Existing law also requires the referee to furnish to the
minor and the parent, guardian, or adult relative, with the
findings and the order, a written explanation of the right
of those persons to seek review of the order by the
juvenile court. (WIC Section 248)
Existing law requires that service made pursuant to these
provisions be made by mail. (WIC Section 248)
This bill allows service be made in court on a minor,
parent, or guardian who is present in court on a date that
the findings and order of the referee are made.
This bill requires service of the findings and order by
mail to a minor, parent, or guardian who was not present in
court when those findings and order were made, except as
specified, and would require the mailing to include the
written explanation of the right to seek review of the
order.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 6/22/10)
Los Angeles County Board of Supervisors (source)
California State Association of Counties
California Welfare Directors Association
San Bernardino County Board of Supervisors
CONTINUED
SB 179
Page
3
Family Law Section of the State Bar
ARGUMENTS IN SUPPORT : The author states, "Following the
issuance of a TPR order, if an appeal is filed by a birth
parent, adoptive families face the distressing possibility
of losing children they love and plan to adopt. The appeal
period is marked by a high level of uncertainty and anxiety
for families who have developed strong emotional
attachments to these children. SB 179 will reduce
appellate delays and minimize the emotional stress endured
by prospective adoptive families; will advance timely
permanency; and will result in more happy endings for these
children and their prospective families."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Charles
Calderon, Carter, Chesbro, Conway, Cook, Coto, Davis, De
La Torre, De Leon, DeVore, Eng, Evans, Feuer, Fletcher,
Fong, Fuentes, Fuller, Furutani, Gaines, Garrick, Gatto,
Gilmore, Hagman, Hall, Harkey, Hayashi, Hernandez, Hill,
Huber, Huffman, Jeffries, Knight, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, Norby, V. Manuel Perez, Portantino,
Ruskin, Salas, Saldana, Silva, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, John A. Perez
NO VOTE RECORDED: Blakeslee, Galgiani, Jones, Skinner,
Vacancy
RJG:mw 6/22/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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CONTINUED