BILL NUMBER: SB 988 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 19, 2012
INTRODUCED BY Senator Liu
FEBRUARY 1, 2012
An act to add Section 634.3 to the Welfare and Institutions Code,
relating to attorneys juveniles .
LEGISLATIVE COUNSEL'S DIGEST
SB 988, as amended, Liu. Wards: Juveniles:
attorney qualifications.
Existing law provides that any person under 18 years of age who
commits a crime is within the jurisdiction of the juvenile court,
except as specified. Existing law further provides that a minor has
the right to counsel in proceedings to declare the minor a ward of
the court. If the minor and his or her parents are indigent, the
minor is entitled to appointed counsel.
This bill would specify that all minors who are
represented by counsel in wardship proceedings are entitled to
competent counsel, as defined. Further, this bill would set
forth mandatory training and education standards for defense
attorneys representing minors in wardship
delinquency proceedings. Under this bill,
The bill would require that an attorney
would be solely responsible for fulfilling these
requirements . An attorney would and
also be responsible for providing diligent and conscientious
advocacy, meeting regularly with his or her client, as
well as contacting professionals associated with the client's case,
working with other counsel and the court to resolve the case without
a contested hearing, and adhering to mandated timelines
maintaining a confidential relationship with the client, and
consulting with professionals when appropriate for the client's
defense . By increasing the duties of these attorneys,
including public defenders, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 634.3 is added to the
Welfare and Institutions Code , to read:
634.3. (a) The Legislature finds and declares all of the
following:
(1) As representing minors in the juvenile justice system has
become much more complex, and the potential consequences of juvenile
court involvement have become more severe than when the
Arnold-Kennick Juvenile Court Law (Chapter 2 (commencing with Section
200) was enacted, delinquency attorneys need specialized skills,
education, and training to ensure proper representation of minors in
juvenile delinquency court.
(2) Competent legal representation by defense attorneys is needed
to preserve the integrity of the juvenile justice system, prevent
wrongful judgments, reduce unnecessary incarceration, and help ensure
that minors receive the care, treatment, and guidance upon which the
juvenile justice system is premised.
(3) It is essential that California's juvenile delinquency defense
attorneys have the appropriate knowledge and skills needed to meet
the demands of this increasingly complex area of legal practice.
Advances in brain research demonstrate that children and adolescents
do not possess the same cognitive, emotional, decisionmaking, and
behavioral capacities as adults. Counsel must ensure that these
differences are appropriately recognized in the attorney-client
relationship and defense of the case.
(b) (1) Commencing January 1, 2014, defense attorneys in
delinquency proceedings shall complete at least eight hours of
training approved for minimum continuing legal education credit by an
approved State Bar of California agency prior to representing a
juvenile for the first time, and an additional eight hours within the
regular minimum continuing legal education requirements due per
three-year cycle. These training hours may be counted toward the
minimum continuing legal education hours required by the State Bar of
California. The required eight hours of minimum continuing legal
education per three-year cycle shall include developments in juvenile
delinquency law, child development, special education, mental health
issues, child abuse and neglect, counsel's ethical duties, appellate
issues, direct and collateral consequences of court involvement, and
how to secure effective rehabilitative resources.
(2) While public defender offices and agencies contracting to
provide representation under Sections 601 and 602 are encouraged to
provide training that meets the requirements of paragraph (1), each
attorney shall be solely responsible for fulfilling those training
and education requirements. District attorneys in delinquency
proceedings are encouraged, but not required, to pursue education in
the relevant areas.
(c) A defense attorney representing a minor in any proceeding
under Section 601 or 602 shall do all of the following:
(1) Provide diligent and conscientious advocacy and make rational
and informed decisions founded on adequate investigation and
preparation.
(2) Comply with Rule 5.663 of the California Rules of Court.
(3) Represent the expressed interests of the minor, meet regularly
with the minor, and maintain a confidential relationship with the
minor. The attorney for the minor shall have sufficient contact with
the minor to establish and maintain a meaningful and professional
attorney-client relationship.
(4) Consult with social workers and mental health and other
experts when appropriate for the minor's defense, and seek
appointment, when appropriate, of those experts pursuant to Sections
730 and 952 of the Evidence Code. Experts appointed pursuant to
Sections 730 and 952 of the Evidence Code are agents of the attorney
and shall adhere to the attorney-client privilege.
(d) A defense attorney representing a minor in any proceeding
under Section 601 or 602 is not required to do any of the following:
(1) Assume the responsibilities of a probation officer, social
worker, parent, or guardian.
(2) Provide nonlegal services to the minor.
(3) Represent the minor in any proceeding outside of the
delinquency proceedings.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 634.3 is added to the
Welfare and Institutions Code, to read:
634.3. (a) The Legislature finds and declares the following:
(1) As representing children in the juvenile justice system,
particularly in delinquency court, has become much more complex than
the practice was a generation ago, there is a greater need for
education, training, and resources in this specialized discipline.
(2) Problems in preparation and representation by attorneys at
early stages in the adjudicatory process often result in harmful or
less favorable outcomes for children at and after disposition.
(3) Not only are dependency attorneys required to meet mandatory
minimum training and education requirements to certify that they are
qualified to represent children in dependency proceedings, but all
stakeholders in dependency court are required to meet mandatory
minimum education and training requirements and standards of practice
before working in dependency court and on a continuing basis.
(4) It is incumbent that California's juvenile delinquency
attorneys have the appropriate skill set to meet demands of this
growing complex area of legal practice.
(b) For purposes of this section, "competent counsel" means an
attorney who meets all of the following criteria:
(1) Is a member in good standing of the State Bar of California.
(2) Has participated in training in juvenile law for proceedings
under Sections 601 and 602 as required by subdivision (d).
(3) Demonstrates adequate forensic skills, knowledge, and
comprehension of the statutory scheme, the purposes and goals of
proceedings under Sections 601 and 602, the specific statutes, the
rules of court, and cases relevant to those proceedings, and
procedures for filing law and motion matters in juvenile court.
(c) Every minor in a proceeding under Section 601 or 602 who is
represented by an attorney is entitled to competent counsel.
(d) Only attorneys who have completed a minimum of eight hours of
training or education in the area of wardship proceedings may be
appointed to represent minors in juvenile court under Sections 601
and 602. Attorneys must complete at least eight hours of education
every three years related to proceedings under Sections 601 and 602.
In addition to a summary of wardship law and related statutes and
cases, training and education for attorneys must include information
on child development, special education, mental health issues, child
abuse and neglect, substance abuse, domestic violence, and family
reunification and preservation.
(e) An attorney shall be solely responsible for fulfilling the
training and education requirements. The attorney's employer shall
not be responsible for the training of attorneys and may hire
attorneys that have not been trained.
(f) Attorneys or their agents shall meet regularly with clients,
regardless of the child's age or ability to communicate verbally. The
attorney for the child must have sufficient contact with the child
to establish and maintain an adequate and professional
attorney-client relationship.
(g) Attorneys or their agents shall contact social workers,
probation officers, or other professionals associated with the client'
s case, work with other counsel and the court to resolve disputed
aspects of a case without a contested hearing, and adhere to the
mandated timelines. The attorney for the child is not required to
assume the responsibilities of a social worker or to perform services
for the child that are unrelated to the child's legal
representation.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.