BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 926|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
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|327-4478 | |
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CONSENT
Bill No: SB 926
Author: Runner (R)
Amended: 4/14/11
Vote: 21
SENATE JUDICIARY COMMITTEE : 5-0, 4/26/11
AYES: Evans, Harman, Blakeslee, Corbett, Leno
SUBJECT : Dependent children: relative placements:
disclosure
SOURCE : Sacramento Child Advocates, Inc.
DIGEST : This bill authorizes the court to allow an
attorney for the child, who is removed from the physical
custody of his/her parents due to abuse or neglect, to
disclose limited case information to the relative when
assessing the relative for the possibility of placement.
ANALYSIS : Existing law provides that when a child is
removed from the physical custody of his or her parents,
preference be given to a request by a relative of the child
for placement with the relative. (Welfare and Institutions
Code �WIC] Section 361.3(a))
Existing law provides that the county social worker should
consider several factors when determining placement of the
child, including the best interest of the child and the
wishes of the parent, the relative, and child, if
appropriate. (WIC Section 361.3(a)(1)-(8))
CONTINUED
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Existing law provides for the court to authorize a county
social worker while assessing relatives for the possibility
of placement to disclose to the relative, (1) the fact that
the child is in custody, (2) the alleged reasons for the
custody, and (3) the projected likely date for the child's
return home or placement for adoption or legal
guardianship. (WIC Section 361.3(a)(8))
Existing law provides that the court shall appoint counsel
for a child removed from his or her parent's custody unless
the court determines that the child would not benefit from
appointment of counsel. (WIC Section 317(c))
Existing law provides that if an attorney is appointed to
represent the child, the primary responsibility of the
attorney is to advocate for the protection, safety, and
physical and emotional well-being of the child. (WIC
Section 317(c))
Existing law provides that the attorney for the child is
charged with representation of the child's interest and in
order to protect the child's interest, shall conduct
further investigations as he or she deems necessary and if
necessary beyond the scope of the proceeding. (WIC Section
317(e))
Existing law provides that the attorney for the child is
authorized to inspect the child's case file. (WIC Section
827)
Existing law provides that a privilege exists between a
client and his or her attorney and the client and the
attorney are both holders of the privilege. This means that
both the client and the attorney may refuse to disclose and
may prevent others from disclosing confidential
communications between the client and his or her attorney.
(Evidence Code Section 954)
This bill authorizes the court to allow, in addition to the
county social worker, the child's attorney to disclose to
the relative, (1) the fact that the child is in custody,
(2) the alleged reasons for the custody, and (3) the
projected likely date for the child's return home or
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placement for adoption or legal guardianship.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/28/11)
Sacramento Child Advocates, Inc. (source)
California Probation Parole and Correctional Association
Chief Probation Officers of California
Children's Advocacy Institute
Executive Committee of the Family Law Section of the
California State Bar
ARGUMENTS IN SUPPORT : The author and sponsor note that
"if an attorney representing a child victim of abuse and
neglect cannot reveal limited information about the nature
of the allegations, especially in cases where the relative
indicates either no knowledge of why the child has been
removed or has an inaccurate understanding of the
allegations, then they cannot fully assess the proposed
placement." Further, as noted by the author and sponsor,
"at times relatives and proposed non-related extended
family members will share with the child's attorney that
the county did not explain the nature of the allegations
and the reasons the child has been detained from a parent.
Whether this is true or not, it is important for the
child's attorney to fully investigate the knowledge base of
the relative and their willingness to accept the facts that
the court finds to be true, often painful facts that
describe the relative's own child may raise difficult
loyalty issues."
RJG:kc 4/28/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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