BILL NUMBER: SB 988	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Liu

                        FEBRUARY 1, 2012

   An act to add Section 634.3 to the Welfare and Institutions Code,
relating to attorneys.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 988, as introduced, Liu. Wards: 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 attorneys representing minors in wardship
proceedings. Under this bill, an attorney would be solely responsible
for fulfilling these requirements. An attorney would also be
responsible for 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. 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 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.