Bill Text: CA AB217 | 2015-2016 | Regular Session | Chaptered

California Assembly Bill 217 (Prior Session Legislation)

Bill Title: Juvenile law: hearings.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Passed) 2015-07-02 - Chaptered by Secretary of State - Chapter 36, Statutes of 2015. [AB217 Detail]

Download: California-2015-AB217-Chaptered.html

BILL NUMBER: AB 217	CHAPTERED
	BILL TEXT

	CHAPTER  36
	FILED WITH SECRETARY OF STATE  JULY 2, 2015
	APPROVED BY GOVERNOR  JULY 2, 2015
	PASSED THE SENATE  JUNE 18, 2015
	PASSED THE ASSEMBLY  MARCH 23, 2015

INTRODUCED BY   Assembly Member Maienschein

                        FEBRUARY 2, 2015

   An act to amend Section 349 of the Welfare and Institutions Code,
relating to juvenile law.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 217, Maienschein. Juvenile law: hearings.
   Existing law entitles a minor who is the subject of a juvenile
court hearing to be present at that hearing. Under existing law, the
court is required to allow the minor, if he or she so desires, to
address the court and participate in the hearing.
   This bill would require the court to inform the minor, if the
minor is present at the hearing, of his or her right to address the
court and participate in the hearing.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 349 of the Welfare and Institutions Code is
amended to read:
   349.  (a) A minor who is the subject of a juvenile court hearing,
and any person entitled to notice of the hearing under Sections 290.1
and 290.2, is entitled to be present at the hearing.
   (b) The minor and any person who is entitled to that notice has
the right to be represented at the hearing by counsel of his or her
own choice.
   (c) If the minor is present at the hearing, the court shall inform
the minor that he or she has the right to address the court and
participate in the hearing and the court shall allow the minor, if
the minor so desires, to address the court and participate in the
hearing.
   (d) If the minor is 10 years of age or older and he or she is not
present at the hearing, the court shall determine whether the minor
was properly notified of his or her right to attend the hearing and
inquire whether the minor was given an opportunity to attend. If that
minor was not properly notified or if he or she wished to be present
and was not given an opportunity to be present, the court shall
continue the hearing to allow the minor to be present unless the
court finds that it is in the best interest of the minor not to
continue the hearing. The court shall continue the hearing only for
that period of time necessary to provide notice and secure the
presence of the child. The court may issue any and all orders
reasonably necessary to ensure that the child has an opportunity to
attend.
   (e) Nothing in this section shall prevent or limit any child's
right to attend or participate in the hearing.