BILL ANALYSIS
AB 579
Page 1
Date of Hearing: April 1, 2003
ASSEMBLY COMMITTEE ON JUDICIARY
Ellen M. Corbett, Chair
AB 579 (Chu) - As Amended: March 26, 2003
SUBJECT : DEPENDENCY HEARINGS: NOTICE TO SIBLINGS
KEY ISSUE : IN ORDER TO ENSURE THAT THE COURT RECEIVES THE BEST
AVAILABLE INFORMATION REGARDING A CHILD'S SIBLING RELATIONSHIPS
AND EXTENDED FAMILY, SHOULD THE DEPENDENT SIBLINGS OF A CHILD
RECEIVE NOTICE OF DEPENDENCY COURT HEARINGS REGARDING THAT
CHILD?
SYNOPSIS
AB 579 requires that notice of hearings in a dependency action
be given to the child's siblings or half-siblings who are also
subject to dependency proceedings or who have been adjudged to
be dependent children of the court. The sponsor of the bill is
the Los Angeles Affiliate of the National Association of Counsel
for Children. The sponsor states that dependency cases
involving different siblings may not be heard by the juvenile
court on the same day. If the sibling of a child, and the
sibling's attorney, do not have notice of a hearing involving
the child, the parties and the court may be deprived of
important information that the sibling might be able to bring
forward, such as information regarding the sibling relationship
or the extended family. This bill is intended to ensure that
siblings are informed regarding hearings in each other's
dependency proceedings and have the opportunity to share
relevant information with the court in those hearings.
SUMMARY : Requires that the probation officer or social worker
give notice of all dependency court hearings to the dependent
siblings and half-siblings of the child. Specifically, this
bill :
1)Requires the probation officer or social worker to give notice
of a detention hearing in a dependency matter to any sibling
of the child who is the subject of the hearing and the
attorney for that sibling if that sibling either is the
subject of a dependency proceeding or has been adjudged to be
a dependent child of the juvenile court. However, notice is
not required to be given to any sibling who will appear in
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court on the same matter on the same day.
2)Requires the probation officer or social worker to give notice
of the initial petition hearing in a dependency matter to any
sibling of the child who is the subject of the hearing and the
attorney for that sibling if that sibling either is the
subject of a dependency proceeding or has been adjudged to be
a dependent child of the juvenile court. However, notice is
not required to be given to any sibling who will appear in
court on the same matter on the same day.
3)Requires the probation officer or social worker to give notice
of further hearings in a dependency matter to any sibling of
the child who is the subject of the hearing and the attorney
for that sibling if that sibling either is the subject of a
dependency proceeding or has been adjudged to be a dependent
child of the juvenile court. However, notice is not required
to be given to any sibling who will appear in court on the
same matter on the same day.
4)Requires the probation officer or social worker to give notice
of any hearing held to review the status of a dependent child,
reunification efforts, or an adoption plan, to any sibling of
the child who is the subject of the hearing and the attorney
for that sibling if that sibling either is the subject of a
dependency proceeding or has been adjudged to be a dependent
child of the juvenile court. However, notice is not required
to be given to any sibling who will appear in court on the
same matter on the same day.
5)Requires the probation officer or social worker to give notice
of a selection and implementation hearing to any sibling of
the child who is the subject of the hearing and the attorney
for that sibling if that sibling either is the subject of a
dependency proceeding or has been adjudged to be a dependent
child of the juvenile court. However, notice is not required
to be given to any sibling who will appear in court on the
same matter on the same day.
EXISTING LAW sets forth requirements as to the notice required
to be given as to various hearings held in dependency matters,
including the hearing on a decision to retain the child in
custody; the initial petition hearing and further hearings on
the petition to declare the child a dependent child of the
court; hearings to review the status of a dependent child,
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reunification efforts, or an adoption plan; or hearings
regarding the selection and implementation of a permanent
placement goal. The probation officer or social worker is
required to give notice of these hearings to specified persons
and entities including the mother; the father or fathers,
presumed or alleged; the legal guardian or guardians; and the
child, if the child is 10 years old or older. (Welfare &
Institutions Code section 290.1 et seq .)
FISCAL EFFECT : The bill as currently in print is keyed fiscal.
COMMENTS : This bill is sponsored by the Los Angeles Affiliate
of the National Association of Counsel for Children to help
ensure greater coordination of separate dependency proceedings
involving siblings. The author states:
Siblings whose dependency cases are on different tracks or
have different procedural postures are not necessarily
heard by the juvenile court on the same day. Under current
law, siblings do not receive notice of each other's
hearings. Siblings often have different attorneys and may
have different social workers and caregivers as well.
Consequently, important information about a sibling, the
sibling relationship, or extended family is not available
to the relevant parties, the advocates, or the court. This
lack of coordination interferes with the court's ability to
fashion proper and effective orders.
This proposal for legislative remedy would require the
Department of Children and Family Services to provide
notice of all Dependency Court Hearings to the dependent
siblings and half-siblings of dependent children (as
defined in Section 388(b) of the Welfare and Institutions
Code).
Last year, the notice requirements in dependency matters were
reorganized in order to clarify these requirements and to ensure
that they could be met without confusion. (SB 1956 (Polanco),
Chapter 416 of 2002.) The existing requirements provide for
notice to the parents of the child; the child's guardian (if
any); in cases where there is no parent or guardian in
California, to the adult relative residing nearest the court; to
counsel for the child, parent, or guardian; and in certain cases
to the district attorney, the probate court that appointed the
guardian, or the Indian tribe to which the child belongs. They
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do not require notice to siblings.
The sponsor points out that dependency matters involving
siblings may be on different tracks and siblings may not have
notice of hearings in each other's cases. Yet the information
that these siblings may bring before the court can be critical
to the court's ability to fashion appropriate orders in the
case. For this reason, the sponsor argues that the relatively
minimal additional work that will be required by probation
officers or county social workers under the bill is well
warranted by what may be gained by creating greater coordination
among the cases involving different siblings.
REGISTERED SUPPORT / OPPOSITION :
Support
National Association of Counsel for Children, Los Angeles
Affiliate (sponsor)
Opposition
None on file.
Analysis Prepared by : Kathy Sher / JUD. / (916) 319-2334