Bill Text: CA AB424 | 2015-2016 | Regular Session | Amended

California Assembly Bill 424 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Court appointed child advocates: wards.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Passed) 2015-07-13 - Chaptered by Secretary of State - Chapter 71, Statutes of 2015. [AB424 Detail]

Download: California-2015-AB424-Amended.html

BILL NUMBER: AB 424	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2015

INTRODUCED BY   Assembly Member Beth Gaines
   (Coauthor: Assembly Member Bigelow)
   (Coauthor: Senator Gaines)

                        FEBRUARY 19, 2015

   An act to amend Sections 101, 102,  103,  and 109 of the
Welfare and Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 424, as amended, Beth Gaines. Court appointed child advocates:
wards.
   Existing law requires the Judicial  Counsel  
Council  to establish a Court-Appointed Special Advocate (CASA)
program, under which volunteers serve as court appointed child
advocates to provide designated services and support to dependent
children and nonminor dependents in juvenile dependency proceedings.
Existing law provides that a minor, under certain circumstances, is
subject to the jurisdiction of the juvenile court. If the minor has
violated a law or ordinance, existing law authorizes the juvenile
court to adjudge the minor to be a ward of the court.
   This bill would authorize the appointment of a CASA in a juvenile
delinquency  proceeding.   proceeding, and would
provide that a CASA shall be considered court personnel for purposes
of inspecting the case file of a dependent child or ward of the
juvenile court. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  Section 101 of the Welfare and Institutions Code is
amended to read:
   101.  As used in this chapter, the following definitions shall
apply:
   (a) "Adult" means a person 18 years of age or older.
   (b) "Child or minor" means a person  under 18 years of
age.   under the jurisdiction of the juvenile court
pursuant to Section 300, 601, or 602. 
   (c) "CASA" means a Court-Appointed Special Advocate. "CASA" also
refers to a Court Designated Child Advocate in programs 
which   that  have utilized that title. A CASA has
the duties and responsibilities described in this chapter and shall
be trained by and function under the auspices of a  Court
Appointed   Court-Appointed  Special Advocate
program as set forth in this chapter.
   (d) "Court" means the superior court, including the juvenile
court.
   (e) "Dependent" means a  child   person 
described in Section 300.
   (f) "Nonminor dependent" means a foster child 
 person  as described in subdivision (v) of Section 11400.
   (g) "Ward" means a  child   person 
described in Section 601 or 602.
  SEC. 2.  Section 102 of the Welfare and Institutions Code is
amended to read:
   102.  (a) Each CASA program shall, if feasible, be staffed by a
minimum of one paid administrator. The staff shall be directly
accountable to the presiding juvenile court judge and the CASA
program board of directors, as applicable.
   (b) The program shall provide for volunteers to serve as CASAs. A
CASA may be appointed  in juvenile dependency proceedings
under Section 300, including proceedings involving a nonminor
dependent, and in juvenile delinquency proceedings under Section 601
or 602.   to any dependent, nonminor dependent, or 
 ward who is subject to the jurisdiction of the juvenile court.

   (c) Each CASA shall serve at the pleasure of the court having
jurisdiction over the proceedings in which a CASA has been appointed
and that appointment may continue after the child attains his or her
age of majority, with the consent of the nonminor dependent. A CASA
shall do all of the following:
   (1) Provide independent, factual information to the court
regarding the cases to which he or she is appointed.
   (2) Represent the best interests of the child involved, and
consider the best interests of the family, in the cases to which he
or she is appointed.
   (3) At the request of the judge, monitor cases to which he or she
has been appointed to ensure that the court's orders have been
fulfilled.
   (d) The Judicial Council, through its rules and regulations, shall
require an initial and ongoing training program consistent with this
chapter for all persons acting as a CASA, including, but not limited
to, each of the following:
   (1) Dynamics of child abuse and neglect.
   (2) Court structure, including juvenile court laws.
   (3) Social service systems.
   (4) Child development.
   (5) Cultural competency and sensitivity relating to, and best
practices for, providing adequate care to lesbian, gay, bisexual, and
transgender youth.
   (6) Interviewing techniques.
   (7) Report writing.
   (8) Roles and responsibilities of a CASA.
   (9) Rules of evidence and discovery procedures.
   (10) Problems associated with verifying reports.
   (e) The Judicial Council, through its CASA Advisory Committee,
shall adopt guidelines for the screening of CASA volunteers, which
shall include personal interviews, reference checks, checks for
records of sex offenses and other criminal records, information from
the Department of Motor Vehicles, and other information that the
Judicial Council deems appropriate.
   SEC. 3.    Section 103 of the   Welfare and
Institutions Code   is amended to read: 
   103.  (a) Persons acting as a CASA shall be individuals who have
demonstrated an interest in children and their welfare. Each CASA
shall participate in a training course conducted under the rules and
regulations adopted by the Judicial Council and in ongoing training
and supervision throughout his or her involvement in the program.
Each CASA shall be evaluated before and after initial training to
determine his or her fitness for these responsibilities. Ongoing
training shall be provided at least monthly.
   (b) Each CASA shall commit a minimum of one year of service to a
child until a permanent placement is achieved for the child or until
relieved by the court, whichever is first. At the end of each year of
service, the CASA, with the approval of the court, may recommit for
an additional year.
   (c) A CASA shall have no associations that create a conflict of
interest with his or her duties as a CASA.
   (d) An adult otherwise qualified to act as a CASA shall not be
discriminated against based upon marital status, socioeconomic
factors, or because of any characteristic listed or defined in
Section 11135 of the Government Code.
   (e) Each CASA is an officer of the court, with the relevant rights
and responsibilities that pertain to that role and shall act
consistently with the local rules of court pertaining to CASAs.
   (f) Each CASA shall be sworn in by a superior court judge or
commissioner before beginning his or her duties.
   (g) A judge may appoint a CASA when, in the opinion of the judge,
a child requires services which can be provided by the CASA,
consistent with the local rules of court.
   (h) To accomplish the appointment of a CASA, the judge making the
appointment shall sign an order, which may grant the CASA the
authority to review specific relevant documents and interview parties
involved in the case, as well as other persons having significant
information relating to the child, to the same extent as any other
officer of the court appointed to investigate proceedings on behalf
of the court. 
   (i) Each CASA shall be considered court personnel for purposes of
subdivision (a) of Section 827. 
   SEC. 3.   SEC. 4.   Section 109 of the
Welfare and Institutions Code is amended to read:
   109.  (a)  (1)    Except as
provided in  paragraph (2),   subdivisions (b)
and (c),  nothing in this chapter permits a person acting as a
CASA to participate or appear in criminal proceedings or in
proceedings to declare a person a ward of the juvenile court pursuant
to Section 601 or 602. 
   (2) 
    (   b)  A  person acting as a  CASA
may participate in  proceedings determining the disposition
of the minor pursuant to Section 706, and in all subsequent
proceedings.   determinations made pursuant to Section
241.1, and in all delinquency proceedings after adjudication of
delinquency.  
   (c) This section does not apply to a person acting as a CASA when
that person is acting solely as a support person to the child or who
is in court on behalf of a child who is the victim of a crime.