BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        AB 217|
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                                      CONSENT 


          Bill No:  AB 217
          Author:   Maienschein (R)
          Introduced:2/2/15  
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  7-0, 6/9/15
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           ASSEMBLY FLOOR:  78-0, 3/23/15 (Consent) - See last page for  
            vote

           SUBJECT:   Juvenile law: hearings


          SOURCE:    Children's Advocacy Institute - University of San  
                      Diego School of Law


          DIGEST:  This bill requires the court to inform a minor, if the  
          minor is present at the juvenile hearing, of his or her right to  
          address the court and participate in the hearing.


          ANALYSIS:   


          Existing law: 


          1)Requires that a child 10 years of age and older receive notice  
            of his or her dependency hearings, including the initial  
            petition hearing, jurisdictional hearings, and review  
            hearings.  (Welf. & Inst. Code Secs. 290.1-295.)  









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          2)Allows a minor who is the subject of a dependency hearing, and  
            who is entitled to notice of the hearing, to be present at the  
            hearing.  (Welf. & Inst. Code Sec. 349.)

          3)Provides that a minor present at a hearing has the right to  
            address the court, to participate in the hearing, and to be  
            represented by counsel of his or her choice.  (Welf. & Inst.  
            Code Sec. 349.)

          4)Requires the court to determine if a minor, who is 10 years of  
            age or older and not present at a hearing, was properly  
            notified of his or her right to attend the hearing, and allows  
            a court to continue the hearing if the minor was not properly  
            notified or wished to be present at the hearing, unless the  
            court determines that it is not in the best interest of the  
            child to do so.  (Welf. & Inst. Code Sec. 349.)

          This bill additionally requires the court to inform a minor at a  
          hearing that he or she has the right to address the court and  
          participate in the hearing.

          Background

          The importance of allowing a dependent child to participate in  
          court hearings has been recognized in California since 2003,  
          when the Legislature enacted AB 408 (Steinberg, Chapter 813,  
          Statutes of 2003) which afforded a minor the right to address  
          the court and otherwise participate in a dependency hearing.  In  
          2006, Congress also recognized the importance of input from  
          children in court proceedings in the Child and Family Services  
          Improvement Act which required "procedural safeguards to be put  
          in place to assure that in any permanency hearing with respect  
          to a child, the court consults, in an age-appropriate manner,  
          the child regarding the proposed permanency or transition plan.  
          (42 U.S.C. Sec. 675(5)(C).) 

          This bill additionally requires the court to inform a child  
          during a dependency proceeding that he or she has a right to  
          address the court and participate in the hearing.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No








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          SUPPORT:   (Verified6/11/15)


          Children's Advocacy Institute - University of San Diego School  
          of Law (source)
          Advokids
          Children Now
          County Welfare Directors Association of California
          Crittenton Services for Children and Families
          Executive Committee of the Family Law Section of the State Bar
          Juvenile Court Judges of California 
          Laborers' International Union of North America locals 777 & 792


          OPPOSITION:   (Verified6/11/15)


          None received

          ARGUMENTS IN SUPPORT:     According to the author: 

              Juvenile Dependency hearings are critical to determining the  
              path of a child's future. Existing law as defined by Section  
              349 of the Welfare and Institutions Code already provides  
              children with the right to talk during these hearings.  
              Oftentimes the child's input would be critical and swing a  
              decision in one way or another, but the child is fearful to  
              speak up because they have understandably not been exposed  
              to legal proceedings, or understand their right to speak up.  


              This bill simply adds one sentence to Section 349 requiring  
              the court to inform a minor of his or her pre-existing right  
              to address the court if so desired.  This fix allows a child  
              to make his or her voice and desires heard, and empower that  
              child to possibly influence a decision that will affect that  
              child for life.


           








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          ASSEMBLY FLOOR:  78-0, 3/23/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chang, Chau,  
            Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin,  
            Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,  
            Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,  
            Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,  
            Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Brough, Gray





          Prepared by:Nichole Rapier / JUD. / (916) 651-4113
          6/12/15 9:22:45


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