Bill Text: CA SB179 | 2009-2010 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juvenile law: referee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-09 - Chaptered by Secretary of State. Chapter 66, Statutes of 2010. [SB179 Detail]
Download: California-2009-SB179-Amended.html
Bill Title: Juvenile law: referee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2010-07-09 - Chaptered by Secretary of State. Chapter 66, Statutes of 2010. [SB179 Detail]
Download: California-2009-SB179-Amended.html
BILL NUMBER: SB 179 AMENDED BILL TEXT AMENDED IN SENATE APRIL 14, 2009 AMENDED IN SENATE MARCH 23, 2009 INTRODUCED BY Senator Runner FEBRUARY 17, 2009 An act to amend Sections 248, 250,and 395 of the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST SB 179, as amended, Runner. Juvenile law: referee. Existing law requires a referee to hear cases assigned to him or her by the presiding judge of the juvenile court.Existing law provides that all orders of a juvenile court referee become immediately effective, except as specified.Existing law requires the referee to furnish to the presiding judge and the minor, if the minor is 14 years of age or older or makes that request, and to serve upon the minor's attorney and the minor's parent, guardian, or adult relative and that person's attorney, a written copy of the referee's findings and order, and to furnish to the minor and the parent, guardian, or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court. Existing law requires that service made pursuant to these provisions be made by mail, as specified. This bill would allow service to be made in court on a minor, parent, or guardian who is present in court on the date that the findings and order of the referee are made. The bill would require service of the findings and order by mail to a minor, parent, or guardian who was not present in court when those findings and order were made, except as specified, and would require the mailing to include the written explanation of the right to seek review of the order, as required pursuant to the provision described above. The bill would require that a notice of appeal be filed within 30 days after rendition of a judgment or the making of the order being appealed, or, in matters heard by a referee not acting as a temporary judge, within 30 days after the referee's order becomes final.The bill would also provide that an order of a referee becomes final no later than 180 days after it is made.Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 248 of the Welfare and Institutions Code is amended to read: 248. (a) A referee shall hear those cases that are assigned to him or her by the presiding judge of the juvenile court, with the same powers as a judge of the juvenile court, except that a referee shall not conduct any hearing to which the state or federal constitutional prohibitions against double jeopardy apply unless all of the parties thereto stipulate in writing that the referee may act in the capacity of a temporary judge. A referee shall promptly furnish to the presiding judge of the juvenile court and the minor, if the minor is 14 or more years of age or if younger has so requested, and shall serve upon the minor's attorney of record and the minor's parent or guardian or adult relative and the attorney of record for the minor's parent or guardian or adult relative a written copy of his or her findings and order and shall also furnish to the minor, if the minor is 14 or more years of age or if younger has so requested, and to the parent or guardian or adult relative, with the findings and order, a written explanation of the right of those persons to seek review of the order by the juvenile court. (b) Service, as provided in this section, shall be made as follows: (1) If a minor, parent, or guardian is present in court at the time the findings and order are made, then the findings and order may be served in court on any minor, parent, or guardian who is present in court on that date and a written explanation of the right to seek review of the order as required pursuant to subdivision (a) shall be furnished at that time. (2) If paragraph (1) is not applicable, service shall be made by mail , within the time period specified in Section 248.5, to the last known address of those persons or to the address designated by those persons appearing at the hearing before the referee and the mailing shall include, if applicable, the written explanation of the right to seek review of the order. If the parent, guardian, or minor does not have a last known address designated, then service by mail shall be to that party in care of his or her counsel.SEC. 2.Section 250 of the Welfare and Institutions Code is amended to read: 250. Except as provided in Section 251, all orders of a referee other than those specified in Section 249 shall become immediately effective, subject also to the right of review as hereinafter provided, and shall continue in full force and effect until vacated or modified upon rehearing by order of the judge of the juvenile court. In a case in which an order of a referee becomes effective without approval of a judge of the juvenile court, it becomes final on the expiration of the time allowed by Section 252 for application for rehearing, if application therefor is not made within that time and if the judge of the juvenile court has not within that time ordered a rehearing pursuant to Section 253. Notwithstanding any other law, an order of a referee becomes final no later than 180 days after the order is made. Where a referee sits as a temporary judge, his or her orders become final in the same manner as orders made by a judge.SEC. 3.SEC. 2. Section 395 of the Welfare and Institutions Code is amended to read: 395. (a) (1) A judgment in a proceeding under Section 300 may be appealed in the same manner as any final judgment, and any subsequent order may be appealed as an order after judgment, except as provided in this section. A notice of appeal shall be filed within 30 days after the rendition of the judgment or the making of the order being appealed. In matters heard by a referee not acting as a temporary judge, a notice of appeal must be filed within 30 days after the referee's order becomes final pursuant to subdivision (c) of Rule 5.540 of the California Rules of Court, as the rule read on January 1, 2008. However, that order or judgment shall not be stayed by the appeal, unless, pending the appeal, suitable provision is made for the maintenance, care, and custody of the person alleged or found to come within the provisions of Section 300, and unless the provision is approved by an order of the juvenile court. The appeal shall have precedence over all other cases in the court to which the appeal is taken. (2) A judgment or subsequent order entered by a referee shall become appealable whenever proceedings pursuant to Section 252, 253, or 254 are completed or, if proceedings pursuant to Section 252, 253, or 254 are not initiated, when the time for initiating the proceedings has expired. (3) An appellant unable to afford counsel shall be provided a free copy of the transcript in any appeal. (4) The record shall be prepared and transmitted immediately after filing of the notice of appeal, without advance payment of fees. If the appellant is able to afford counsel, the county may seek reimbursement for the cost of the transcripts under subdivision (d) of Section 68511.3 of the Government Code as though the appellant had been granted permission to proceed in forma pauperis. (b) (1) In any appellate proceeding in which the child is an appellant, the court of appeal shall appoint separate counsel for the child. If the child is not an appellant, the court of appeal shall appoint separate counsel for the child if the court of appeal determines, after considering the recommendation of the trial counsel or guardian ad litem appointed for the child pursuant to subdivision (e) of Section 317, Section 326.5, and California Rule of Court 1448, that appointment of counsel would benefit the child. In order to assist the court of appeal in making its determination under this subdivision, the trial counsel or guardian ad litem shall make a recommendation to the court of appeal that separate counsel be appointed in any case in which the trial counsel or guardian ad litem determines that, for the purposes of the appeal, the child's best interests cannot be protected without the appointment of separate counsel, and shall set forth the reasons why the appointment is in the child's best interests. The court of appeal shall consider that recommendation when determining whether the child would benefit from the appointment of counsel. The Judicial Council shall implement this provision by adopting a rule of court on or before July 1, 2007, to set forth the procedures by which the trial counsel or guardian ad litem may participate in an appeal, as well as the factors to be considered by the trial counsel or guardian ad litem in making a recommendation to the court of appeal, including, but not limited to, the extent to which there exists a potential conflict between the interests of the child and the interests of any respondent. (2) The Judicial Council shall report to the Legislature on or before July 1, 2008, information regarding the status of appellate representation of dependent children, the results of implementing this subdivision, any recommendations regarding the representation of dependent children in appellate proceedings made by the California Judicial Council's Blue Ribbon Commission on Children in Foster Care, any actions taken, including rules of court proposed or adopted, in response to those recommendations or taken in order to comply with the Child Abuse Prevention and Treatment Act, as well as any recommendations for legislative change that are deemed necessary to protect the best interests of dependent children in appellate proceedings or ensure compliance with the Child Abuse Prevention and Treatment Act.