BILL ANALYSIS �
AB 1618
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Date of Hearing: March 25, 2014
ASSEMBLY COMMITTEE ON JUDICIARY
Bob Wieckowski, Chair
AB 1618 (Chesbro) - As Amended: March 11, 2014
PROPOSED CONSENT
SUBJECT : JUVENILES COURT FILES: TRIBAL ACCESS
KEY ISSUE : IN ORDER TO COMPLY WITH EXISTING STATE AND FEDERAL
LAW, SHOULD SPECIFIC NATIVE AMERICAN TRIBAL OFFICALS BE
PERMITTED TO INSPECT THE JUVENILE COURT CASE FILES OF THEIR
TRIBAL CHILDREN CONSISTENT WITH ACCESS PROVIDED NON-TRIBAL
OFFICIALS?
SYNOPSIS
Federal and state law requires that Native American tribes
receive notice of all juvenile dependency proceedings involving
tribal children and be permitted to participate in those
proceedings. While juvenile court case files are generally
confidential, certain officials are entitled to inspect the
files. However, that list of officials does not specifically
include tribal officials. This non-controversial bill,
sponsored by the Judicial Council, permits tribal officials to
access confidential juvenile court files for a child who is a
member of, or is eligible for membership in, that tribe. This
ensures that California complies with existing state and federal
law, and tribes have access to necessary juvenile court
information to permit full participation in proceedings
involving Native American children. The bill is supported by the
Family Law Section of the State Bar and has no opposition.
SUMMARY : Permits certain specified tribal officials to access
juvenile court case files of children who are members of, or
eligible for membership in, that tribe. Specifically, this bill
permits the following officials, or those serving in a similar
capacity, of an Indian tribe, reservation or tribal court, to
inspect juvenile case files when the case involves a child who
is a member of, or is eligible for membership in, that tribe:
1)Court personnel;
2)The attorneys for the parties, judges, referees, other hearing
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officers, probation officers, and law enforcement officers who
are actively participating in criminal or juvenile proceedings
involving the child;
3)The county counsel, city attorney, or any other attorney
representing the petitioning agency in a dependency action;
4)Members of the child protective agencies, as defined;
5)Members of children's multidisciplinary teams, persons, or
agencies providing treatment or supervision of the child;
6)A judge, commissioner, or other hearing officer assigned to a
family law case with issues concerning custody or visitation,
or both, involving the child, and other specified family court
officials;
7)A court-appointed investigator who is actively participating
in a guardianship case involving the child; and
8)A local child support agency.
EXISTING LAW :
1)Under the federal Indian Child Welfare Act (ICWA), establishes
protections for the best interest of Indian children and
promotes the security and stability of Indian tribes and
families. Provides that tribes are entitled to notice of
child welfare proceedings involving children who are either
identified as members or eligible for membership in the tribe.
(25 U.S.C. Section 1901 et seq.)
2)Provides that tribes have presumptive jurisdiction over child
welfare matters involving children who are either identified
as members or eligible for membership in the tribe. Allows
tribes to seek transfer of state court child welfare matters
involving these children to tribal court. If the case remains
in state court, allows tribes to intervene and participate in
those cases. (25 U.S.C. Section 1911; Welfare and
Institutions Code Section 305.5.)
1)Limits access to juvenile case files, as defined, to specified
individuals and officials, including the child's parent or
guardian, attorneys for the parties, court and state
personnel, including law enforcement and child protective
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services, and school district officials. (Welfare and
Institutions Code Section 827(a)(1).)
2)Provides an exception to the confidentiality of juvenile court
case files for files that pertain to a deceased child.
(Welfare and Institutions Code Section 827(a)(2).)
3)Prohibits any party authorized to inspect a dependency court
case file from disseminating the file or its contents unless
otherwise permitted. (Welfare and Institutions Code Section
827(a)(3).)
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
COMMENTS : This non-controversial bill, sponsored by the
Judicial Council, expands access to juvenile court records to
ensure that specified tribal officials have access to juvenile
case files for children who are, or are eligible for, membership
in the tribe.
Both ICWA and state law require that Native American tribes
receive notice of all juvenile dependency proceedings involving
tribal children and be permitted to participate in those
proceedings. This helps ensure that, as required by ICWA,
Native American children are not unnecessarily removed from
their families without active efforts to keep them together and,
if they are removed, that they are placed, when possible, with
tribal families.
While juvenile court case files are generally confidential,
specified officials are entitled to inspect the files. However,
the list of officials does not specifically include tribal
officials. This non-controversial bill, sponsored by the
Judicial Council, permits tribal officials to access
confidential juvenile court case files for a child who is a
member of, or is eligible for membership in, that tribe. This
ensures that both California complies with existing state and
federal law and tribes have access to necessary juvenile court
information to permit full participation in proceedings
involving Native American children.
The author explains that by "explicitly including tribes, tribal
officials, and tribal entities within the exception to the
confidentiality of juvenile court files, AB 1618 will solve a
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conflict between federal and state law on the one side, and
juvenile courts on the other."
REGISTERED SUPPORT / OPPOSITION :
Support
Judicial Council of California (sponsor)
Family Law Section of the State Bar
Opposition
None on file
Analysis Prepared by : Leora Gershenzon and Pia Estrada / JUD. /
(916) 319-2334