Existing law requires the Judicial 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, 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.

Existing law requires the Judicial 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, 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.

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.

Existing law requires the Judicial Counsel 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.

 CONSENT  

Bill No: AB 424

Author: Beth Gaines (R), et al.

Amended: 3/18/15 in Assembly

Vote: 21

SENATE JUDICIARY COMMITTEE: 7-0, 6/9/15

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

SENATE APPROPRIATIONS COMMITTEE:  Senate Rule 28.8

ASSEMBLY FLOOR: 78-0, 4/23/15 (Consent) - See last page for vote

SUBJECT: Court appointed child advocates: wards

SOURCE: The Judges of the El Dorado Superior Court

DIGEST: This bill authorizes the appointment of a court appointed special advocate (CASA) in a juvenile delinquency proceeding, and provides 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.

ANALYSIS:

Existing law:

1. Provides that the juvenile court has jurisdiction over a child who is subject to abuse or neglect. (Welf. & Inst. Code Sec. 300.)

2. Provides that the juvenile court has jurisdiction over a child who persistently or habitually refuses to obey the reasonable and proper orders or directions of his or her parents or guardian, or who violated any local curfew ordinance for minors. (Welf. & Inst. Code Sec. 601.)

3. Requires, if a child is both a dependent and a delinquent, the probation department and child welfare services department to determine which status will best serve the interests of the child and the protection of society, and authorizes the probation department and the child welfare services department in any county, in consultation with the presiding juvenile court judge, to create a dual status protocol which would permit a minor who meets specified criteria to be designated simultaneously as both a dependent child and a ward of the juvenile court. (Welf. & Inst. Code Sec. 241.1.)

4. Defines a CASA as a volunteer who has been recruited, screened, selected, trained, is being supervised and supported by a local CASA program, and who has been appointed by the juvenile court as a sworn officer of the court to help define the best interest of a child or children in juvenile court dependency and wardship proceedings. (Cal. Rule of Court Sec. 5.655(b).)

5. Allows a judge in a dependency proceeding to appoint a CASA for a minor or nonminor dependent, and requires each CASA to provide the court with independent, factual information about the child or nonminor dependent, and represent the best interests of the children involved. (Welf. & Inst. Code Sec. 102.)

6. Requires a CASA to report the results of any investigation to the court, and requires that otherwise confidential information reviewed by a CASA during the course of his or her duties remains confidential. (Welf. & Inst. Code Secs. 104, 105.)

7. Provides that the above provisions do not permit a CASA to participate in a criminal proceeding or in a proceeding to declare a person a ward of the juvenile court. (Welf. & Inst. Code Sec. 109.)

8. Requires the judge making an appointment of a CASA to sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court. (Welf. & Inst. Code Sec. 103.)

9. Grants access to juvenile case files to specified individuals and officials, including the child’s parent or guardian, attorneys for the parties, court and state personnel, including law enforcement and child protective services, and school district officials, and prohibits any party authorized to inspect a juvenile court case file from disseminating the file or its contents unless otherwise permitted. (Welf. & Inst. Code Sec. 827(a).)

This bill:

1. Provides that a CASA may be appointed on behalf of a ward who is subject to juvenile court jurisdiction.

2. Provides that a CASA is not prevented from appearing in a delinquency or criminal court proceeding when the CASA is acting as a support person to the child or is in court on behalf of a child who is a crime victim.

3. Provides that a CASA is considered “court personnel” for purposes of access to court records, as provided.

4. Makes other clarifying and technical changes.

Background

When a child is removed from his or her family because of abuse or neglect, the county child welfare agency oversees the case, dependency counsel represents the child, and relatives, foster parents, or group homes care for the child while the court determines if the child will be returned to his or her family. Unfortunately, county social workers, dependency counsel, and courts often have too many cases to give each one the time and attention it requires, and because foster placements often change, many children are left without a constant adult in their life.

In many cases, these children are served by volunteers who are appointed by the court. These trained and supervised volunteers, known as “court appointed special advocates” (CASAs), represent children and aid the court in better understanding their needs. CASAs also provide consistency for a dependent child as he or she moves through the system. CASAs can make a significant impact in the lives of abused or neglected children by fostering trusting relationships, working closely with various parties, and monitoring cases for the court.  Because CASAs usually advocate on behalf of only one or two children at a time, they build relationships with each child by spending time with them and gathering facts about their life so they can report back to the judge, who is then able to make better decisions as to what is best for the child.

Developing a strong, mentoring relationship with a CASA is particularly important for foster youth who are statistically far more likely than the general population to become involved with the criminal justice system. These youths are “three times more likely to be arrested, convicted, and imprisoned as adults compared to those who were allowed to remain at home. This indicates that, after controlling for abuse severity, foster care experience has some additional impact on future criminality beyond the effects of abuse and neglect…. For children and juveniles in out-of-home placements, experiences of abuse and neglect are often compounded by other negative experiences and factors…. The extensive needs of children who are placed in foster care often go unmet, increasing the likelihood that youth will engage in future delinquent behavior.” (Erin McLaughlin, Dual-System Youth: The Need for Systems Integration to Improve Outcomes for Foster Youth Who Commit Delinquent Acts 16-17 (2009).)

Research further shows that youth who have contact with both the dependency and delinquency systems, typically because of illegal activity or “status offenses” while in foster care, are the state’s “most vulnerable youth,” in part because of the likelihood that these children will experience mental health and substance abuse problems. (Nell Bernstein, Cal. State Library, Helping Those Who Need it Most: Meeting the Mental Health Care Needs of Youth in the Foster Care and Juvenile Justice Systems 3 (2005), available at http://www.library.ca. gov/crb/cafis/reports/05-01/05-01.pdf [as of May, 27, 2015].)

To ensure that courts have the authority to appoint CASAs for all children in the juvenile system, this bill expressly authorizes courts to appoint a CASA in a delinquency proceeding, and makes additional clarifying and technical changes to the CASA program, including ensuring that CASAs have the authority to access the case file of any dependent or delinquent child they represent.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/22/15)

The Judges of the El Dorado Superior Court (sponsor)

Juvenile Judges of California

OPPOSITION: (Verified 6/22/15)

None received

ARGUMENTS IN SUPPORT: The Judges of the El Dorado Superior Court, sponsor of this bill, argue that like foster children, wards benefit from the appointment of a CASA, but that many judges are reluctant to appoint them in delinquency proceedings because the statute does not expressly authorize such action:

The appointment of a CASA can be critical to achieving the best possible result in a child’s case. Many times the adult appointed to advocate for the child is the only stable adult in the child’s life. Volunteers interact with the child differently than CPS social workers and probation officers. The attorneys in the case have many other responsibilities, and are generally unable to develop the type of personal connection that a CASA has with the child. This relationship provides the child with a positive adult role model. The interaction between the child and the advocate helps form the basis of the reports that are provided to the court before decisions are made that affect the future of the child.

ASSEMBLY FLOOR: 78-0, 4/23/15

AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, 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, Gray, 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, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins

NO VOTE RECORDED: Campos, Salas

Prepared by: Nichole Rapier / JUD. / (916) 651-4113

6/23/15 11:41:33

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 424 (Author:Beth Gaines)

Version: March 18, 2015

Hearing Date: June 9, 2015

Fiscal: Yes

Urgency: No

Consultant: NR

SUBJECT

Court appointed child advocates: wards

DESCRIPTION

This bill would authorize the appointment of a court appointed special advocate (CASA) in a juvenile delinquency 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.

BACKGROUND

When a child is removed from his or her family because of abuse or neglect, the county child welfare agency oversees the case, dependency counsel represents the child, and relatives, foster parents, or group homes care for the child while the court determines if the child will be returned to his or her family. Unfortunately, county social workers, dependency counsel, and courts often have too many cases to give each one the time and attention it requires, and because foster placements often change, many children are left without a constant adult in their life.

In many cases, these children are served by volunteers who are appointed by the court. These trained and supervised volunteers, known as “court appointed special advocates” (CASAs), represent children and aid the court in better understanding their needs. CASAs also provide consistency for a dependent child as he or she moves through the system. CASAs can make a significant impact in the lives of abused or neglected children by fostering trusting relationships, working closely with various parties, and monitoring cases for the court.  Because CASAs usually advocate on behalf of only one or two children at a time, they build relationships with each child by spending time with them and gathering facts about their life so they can report back to the judge, who is then able to make better decisions as to what is best for the child.

Developing a strong, mentoring relationship with a CASA is particularly important for foster youth who are statistically far more likely than the general population to become involved with the criminal justice system. These youths are “three times more likely to be arrested, convicted, and imprisoned as adults compared to those who were allowed to remain at home. This indicates that, after controlling for abuse severity, foster care experience has some additional impact on future criminality beyond the effects of abuse and neglect…. For children and juveniles in out-of-home placements, experiences of abuse and neglect are often compounded by other negative experiences and factors…. The extensive needs of children who are placed in foster care often go unmet, increasing the likelihood that youth will engage in future delinquent behavior.” (Erin McLaughlin, Dual-System Youth: The Need for Systems Integration to Improve Outcomes for Foster Youth Who Commit Delinquent Acts 16-17 (2009).)

Research further shows that youth who have contact with both the dependency and delinquency systems, typically because of illegal activity or “status offenses” while in foster care, are the state’s “most vulnerable youth,” in part because of the likelihood that these children will experience mental health and substance abuse problems. (Nell Bernstein, Cal. State Library, Helping Those Who Need it Most: Meeting the Mental Health Care Needs of Youth in the Foster Care and Juvenile Justice Systems 3 (2005), available at http://www.library.ca. gov/crb/cafis/reports/05-01/05-01.pdf [as of May, 27, 2015].)

To ensure that courts have the authority to appoint CASAs for all children in the juvenile system, this bill would expressly authorize courts to appoint a CASA in a delinquency proceeding. This bill would make additional clarifying and technical changes to the CASA program, including ensuring that CASAs have the authority to access the case file of any dependent or delinquent child they represent.

CHANGES TO EXISTING LAW

1. Existing law provides that the juvenile court has jurisdiction over a child who is subject to abuse or neglect. (Welf. & Inst. Code Sec. 300.)

Existing law provides that the juvenile court has jurisdiction over a child who persistently or habitually refuses to obey the reasonable and proper orders or directions of his or her parents or guardian, or who violated any local curfew ordinance for minors. (Welf. & Inst. Code Sec. 601.)

Existing law requires, if a child is both a dependent and a delinquent, the probation department and child welfare services department to determine which status will best serve the interests of the child and the protection of society, and authorizes the probation department and the child welfare services department in any county, in consultation with the presiding juvenile court judge, to create a dual status protocol which would permit a minor who meets specified criteria to be designated simultaneously as both a dependent child and a ward of the juvenile court. (Welf. & Inst. Code Sec. 241.1.)

Existing Rule of Court defines a CASA as a volunteer who has been recruited, screened, selected, trained, is being supervised and supported by a local CASA program, and who has been appointed by the juvenile court as a sworn officer of the court to help define the best interest of a child or children in juvenile court dependency and wardship proceedings. (Cal. Rule of Court Sec. 5.655(b).)

Existing law allows a judge in a dependency proceeding to appoint a CASA for a minor or nonminor dependent, and requires each CASA to provide the court with independent, factual information about the child or nonminor dependent, and represent the best interests of the children involved. (Welf. & Inst. Code Sec. 102.)

Existing law requires a CASA to report the results of any investigation to the court, and requires that otherwise confidential information reviewed by a CASA during the course of his or her duties remains confidential. (Welf. & Inst. Code Secs. 104, 105.)

Existing law provides that the above provisions do not permit a CASA to participate in a criminal proceeding or in a proceeding to declare a person a ward of the juvenile court. (Welf. & Inst. Code Sec. 109.)

This bill would provide that a CASA may be appointed on behalf of a ward who is subject to juvenile court jurisdiction.

This bill would provide that a CASA is not prevented from appearing in a delinquency or criminal court proceeding when the CASA is acting as a support person to the child or is in court on behalf of a child who is a crime victim.

2. Existing law requires the judge making an appointment of a CASA to sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court. (Welf. & Inst. Code Sec. 103.)

Existing law grants access to juvenile case files to specified individuals and officials, including the child’s parent or guardian, attorneys for the parties, court and state personnel, including law enforcement and child protective services, and school district officials, and prohibits any party authorized to inspect a juvenile court case file from disseminating the file or its contents unless otherwise permitted. (Welf. & Inst. Code Sec. 827(a).)

This bill would provide that a CASA is considered “court personnel” for purposes of access to court records, as provided.

This bill would make other clarifying and technical changes.

COMMENT

1. Stated need for the bill

According to the author:

While existing law does not expressly prohibit the appointment of a CASA in delinquency proceedings, there are serious questions raised as to the legality of these appointments, and further the liability imposed on both the court and CASAs. This bill will remedy that issue [and] expressly authorize a judge to appoint a CASA to any dependent, non-minor dependent, or ward who is subject to the jurisdiction of the juvenile court.

2. Provides express authorization for the appointment of CASAs in delinquency proceedings

Current law expressly provides that a CASA may be appointed in juvenile dependency proceedings, including proceedings involving a nonminor dependent. Whether a CASA may be appointed for a ward (i.e., a child in the delinquency system) is less clear because the statutory language merely describes what the code does not authorize. Specifically, existing law provides that nothing in the relevant code sections permit a CASA to participate in a criminal proceeding or in a proceeding to declare a person a ward of the juvenile court. (Welf. & Inst. Code Sec. 109.) However, many courts appoint CASAs in delinquency proceedings. In fact, the Rules of Court provide that CASAs are appointed to “help define the best interest of a child or children in juvenile court dependency and wardship proceedings.” (Cal. Rule of Court Sec. 5.655(b).) The Judges of the El Dorado Superior Court, sponsor of this bill, argue that like foster children, wards benefit from the appointment of a CASA, but that many judges are reluctant to appoint them in delinquency proceedings because the statute does not expressly authorize such action:

The appointment of a CASA can be critical to achieving the best possible result in a child’s case. Many times the adult appointed to advocate for the child is the only stable adult in the child’s life. Volunteers interact with the child differently than CPS social workers and probation officers. The attorneys in the case have many other responsibilities, and are generally unable to develop the type of personal connection that a CASA has with the child. This relationship provides the child with a positive adult role model. The interaction between the child and the advocate helps form the basis of the reports that are provided to the court before decisions are made that affect the future of the child.

Staff notes that while this bill would clarify that CASAs may be appointed for wards, it would also limit their participation in the initial adjudication of delinquency. This would ensure that CASAs are not used to investigate a ward’s alleged crime, which is the role of law enforcement. Instead, in delinquency cases CASAs would be used to communicate with and find out what is best for the youth, and to advocate on the youth’s behalf.

3. Would allow a CASA to participate in dual-status proceedings and delinquency proceedings for cross-over youth

Prior to 2005, all California counties exercised “exclusive jurisdiction” over youth in the child welfare system, meaning a child could only receive services from either the dependency or delinquency system. Thus, in cases where the court terminated dependency jurisdiction after the child violated the law, the child lost child welfare benefits, such as drug rehabilitation services, mental health counseling, and court-appointed parental supervision, in exchange for probation. (Jessica Springer, Orange County’s Answer to the Dual Jurisdictional Dilemma, November 2014, 56 Orange County Lawyer 30.) Recognizing the needs of this particular population, the Legislature passed AB 129 (Cohn, Chapter 468, Statutes of 2004) which gave counties the discretion to exercise either dual or exclusive jurisdiction over crossover youths. Despite this authority, only nine counties have adopted protocols in response to AB 129 and thus, most still operate under an exclusive jurisdiction system.

This bill would allow a CASA who was assigned to a foster child to continue a relationship with a child who crosses over into the delinquency system whether or not the particular county exercises exclusive or dual jurisdiction. This will ensure that these youths have at least one familiar adult able to advocate for his or her best interest. In support, the Juvenile Judges of California write “Most judges find that the appointment of a CASA is beneficial because the CASA is in many cases the only, or one of a very few, trust-based and ongoing relationships that a youth may have. As a result of those relationships, the court may be better able to learn the particular facts and circumstances and to better respond to a youth’s individual needs.”

4. Giving CASAs access to juvenile records

Existing law grants access to juvenile case files only to a handful of specified individuals and officials, including the child’s parent or guardian, attorneys for the parties, and court personnel, and prohibits any party from disseminating the file or its contents unless otherwise permitted. When a judge appoints a CASA in a juvenile case, existing law requires the judge to sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court. (Welf. & Inst. Code Sec. 103.)

This bill would instead provide that a CASA is considered “court personnel” for purposes of access to a youth’s case file, thereby ensuring that CASAs have access to information necessary to advocate on a child’s behalf. Additionally, this provision would hold a CASA to the same standards of confidentiality applicable to all other parties that have access to a juvenile’s case file. Staff notes that because the court is required to make an order granting the CASA some level of access to a youth’s case file, CASAs generally have access to this information under current law.

Support: Juvenile Court Judges of California

Opposition: None Known

HISTORY

Source: The Judges of the El Dorado Superior Court

Related Pending Legislation: None Known

Prior Legislation: None Known

Prior Vote:

Assembly Floor (Ayes 78, Noes 0)

Assembly Appropriations Committee (Ayes 16, Noes 0)

Assembly Judiciary Committee (Ayes 10, Noes 0)

**************

Date of Hearing: April 15, 2015

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Jimmy Gomez, Chair

ABPCA Bill Id:AB 424

Author:(Beth Gaines) – As Amended Ver:March 18, 2015

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY: This bill allows a Court-Appointed Special Advocate (CASA) to be appointed in a delinquency proceeding. Specifically, this bill:

1. Allows a CASA to be appointed on behalf of a ward subject to juvenile court jurisdiction.

2. Allows a CASA to participate in any delinquency proceeding after the adjudication of delinquency and in any dual-status proceeding.

3. Provides that a CASA is not prevented from appearing in a delinquency or criminal court proceeding when the CASA is acting as a support person to the child or is in court on behalf of a child who is a crime victim.

4. Clarifies that a CASA is considered to be court personnel for purposes of access to court records, thus allowing the CASA access to his or her appointed child's case file.

FISCAL EFFECT:

Minor and absorbable General Fund costs to train additional CASA volunteers.

COMMENTS:

1. Purpose. According to the author, although current law is ambiguous regarding the appointment of CASAs for wards of the court, many courts today already appoint CASAs in delinquency proceedings. However, some courts do not, based on the restrictive language in the statute. This bill clarifies that CASAs can be appointed to advocate on behalf of wards subject to juvenile court jurisdiction. This bill limits a CASA's appointment to a ward until after the court has made its initial adjudication of delinquency.

2. Background. A CASA is a trained and supervised volunteer, appointed at the discretion of the juvenile court judge to help determine the best interests of the child and to advocate on the child's behalf. When a child is removed from a family due to abuse or neglect, county social workers, dependency counsel, foster parents, and the court are all involved. However, social workers and dependency counsel often have too many cases to adequately give each one the attention it needs. In addition, foster care placements change, sometimes frequently, leaving a child without a constant adult advocate. To better understand the child's needs and provide some constancy for the child, the juvenile court may appoint a CASA when the court determines that a child requires CASA services.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: March 24, 2015

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

ABPCA Bill Id:AB 424

Author:(Beth Gaines) – As Amended Ver:March 18, 2015

PROPOSED CONSENT

SUBJECT: Court-appointed child advocates: wards

KEY ISSUE: IN ORDER TO BETTER PROTECT YOUTH IN THE JUVENILE COURT SYSTEM, SHOULD THE LAW BE CLARIFIED TO EXPLICITLY ALLOW A JUVENILE COURT JUDGE TO APPOINT A COURT-APPOINTED SPECIAL ADVOCATE (CASA) ON BEHALF OF A WARD?

SYNOPSIS

When children are removed from their families due to abuse or neglect, social workers with a county child welfare agency oversee their cases, dependency counsel represent them, relatives, foster parents or group homes care for them and the court makes all key decisions. However, all too often social workers and dependency counsel have too many cases to adequately give each child the time and attention that the child needs. In addition, foster care placements may change frequently, leaving the child without a constant adult in his or her life. In an attempt to better understand the child's needs and provide some constancy for the child, the juvenile court may appoint a CASA to advocate on behalf of the child. A CASA is a trained and supervised volunteer, appointed by the judge, who generally works with one or two children at a time. A CASA can make all the difference in the life of an abused or neglected child by understanding the child's needs and best interest, working with the parties and closely monitoring the case for the court.  This non-controversial bill clarifies that CASAs can be appointed, not just to advocate on behalf of foster children and nonminor foster youth, but also wards subject to juvenile court jurisdiction. This bill is supported by all of the judges from El Dorado Superior Court and the Juvenile Court Judges of California, and has no known opposition.

SUMMARY: Allows a Court-Appointed Special Advocate (CASA) to be appointed in a delinquency proceeding. Specifically, this bill:

1. Provides that a CASA may be appointed on behalf of a ward who is subject to juvenile court jurisdiction.

2. Allows a CASA to participate in any delinquency proceeding after the adjudication of delinquency and in any dual-status proceeding (for youth who may be both dependents and wards of the juvenile court).

3. Provides that a CASA is not prevented from appearing in a delinquency or criminal court proceeding when the CASA is acting as a support person to the child or is in court on behalf of a child who is a crime victim.

4. Clarifies that a CASA is considered to be court personnel for purposes of access to court records, as provided, thus allowing the CASA access to his or her appointed child's case file.

5. Revises definitions for "child," "dependent," and "nonminor dependent," and defines "ward."

EXISTING LAW:

1. Provides that a juvenile court has jurisdiction over a child who is subject to abuse or neglect. (Welfare and Institutions Code Section 300. Unless stated otherwise, all further statutory references are to that code.)

2. Provides that a juvenile court has jurisdiction over a child when that child has committed acts that trigger delinquency jurisdiction rendering the child a ward. (Sections 601 and 602.)

3. Requires that, if a child is both a dependent and a delinquent, the probation department and child welfare services department must initially determine which status will best serve the interests of the child and the protection of society. Notwithstanding the above, authorizes the probation department and the child welfare services department in any county, in consultation with the presiding juvenile court judge, to create a dual status protocol which would permit a minor who meets specified criteria to be designated simultaneously as both a dependent child and a ward of the juvenile court. (Section 241.1.)

4. Allows a judge in a dependency proceeding to appoint a CASA for a minor or nonminor dependent. Requires each CASA to provide the court with independent, factual information about the child or nonminor dependent, and represent the best interests of the children involved. Requires the court to determine the CASA's duties in each case that he or she has been appointed, which may include interviewing and observing the child and reviewing appropriate reports. Requires the CASA to report the results of the investigation to the court. Requires that otherwise confidential information reviewed by a CASA during the course of his or her duties remains confidential. (Section 100 et seq.)

5. Provides that nothing in the CASA statutory scheme permits a CASA to participate in a criminal proceeding or in a proceeding to declare a person a ward of the juvenile court. Rule of Court definition of CASAs provides that they present the best interest of children in both dependency and wardship proceedings. (Section 109; California Rule of Court Section 5.655(b).)

6. Limits access to juvenile case files, as defined, to specified individuals and officials, including the child's parent or guardian, attorneys for the parties, court and state personnel, including law enforcement and child protective services, and school district officials. Prohibits any party authorized to inspect a juvenile court case file from disseminating the file or its contents unless otherwise permitted. (Section 827(a).)

FISCAL EFFECT: As currently in print this bill is keyed fiscal.

COMMENTS: This non-controversial bill seeks to clarify that CASAs can be appointed, not just to advocate on behalf of dependent and nonminor dependents, but also wards subject to juvenile court jurisdiction. In support of the bill, the author writes: "In El Dorado County, and certain other counties around the state, judges appoint CASAs to represent wards to help facilitate the rehabilitation of the ward. While existing law does not expressly prohibit the appointment of a CASA, there are serious questions raised as to the legality of these appointments, and further the liability imposed on both the court and CASAs. This bill will remedy that issue."

Unique Role of CASAs in Advocating for Foster Children: When children are removed from their families due to abuse or neglect, social workers with a county child welfare agency oversee their cases, dependency counsel represent them, relatives, foster parents or group homes care for them and the court makes all key decisions. However, all too often social workers and dependency counsel have too many cases to adequately give each one the time and attention it needs. In addition, foster care placements may change frequently, leaving the child without a constant adult in his or her life.

In an attempt to better understand the child's needs and provide some constancy for the child, the juvenile court may appoint a CASA when the court determines that a child requires CASA services. A CASA is a trained and supervised volunteer, appointed at the discretion of the juvenile court judge. CASAs make a real difference in the life of an abused or neglected child by understanding the child's needs and best interest, working with the parties and closely monitoring the case for the court.  CASAs can be the one constant in the child's life, there to advocate for the child. Because CASAs usually advocate on behalf of one or two cases at a time, and commit to a minimum of a year of service to each child, they build relationships with each child, spending time with them, gathering facts about their life so they can report back to the judge, who can then, in turn, make better decisions as to what is best for the child.

The judges of the El Dorado Superior Court, who support the bill, succinctly explain the importance of CASAs, both to the child and to the court:

The appointment of a CASA [] can be critical to achieving the best possible result in a child's case. Many timers the adult appointed to advocate for the child is the only stable adult in the child's life. Volunteers interact with the child differently than CPS social workers and probation officers. The attorneys in the case have many other responsibilities, and are generally unable to develop the type of personal connection that a CASA advocate has with the child. This relationship provides the child with a positive adult role model. The interaction between the child and the advocate helps from the basis of the reports that are provided to the court before decisions are made that affect the future of the child.

Current Law Unclear as to Whether CASAs May be Appointed For Wards: Current law clearly states that a CASA may be appointed for a foster child or a nonminor dependent, but is less than clear when it comes to wards of the court. While statutory language provides that nothing in the CASA statutory scheme permits a CASA to participate in a criminal proceeding or in a proceeding to declare a person a ward of the juvenile court, the rules of court provides that CASAs set forth the best interest of children in both dependency and wardship proceedings. Many courts today already appoint CASAs in delinquency proceedings, but some courts apparently do not, based on the restrictive language in the statute. This bill clarifies that CASAs may be appointed for wards, but limits their appointment until after the court has made its initial adjudication of delinquency. This ensures that CASAs are not used to investigate a ward's alleged crime, which is the job of law enforcement. Instead, CASAs in delinquency cases are used the same way that CASAs in dependency court are used – to find out what is best for the youth and to advocate on the youth's behalf.

Foster Youth Can Often End Up in the Delinquency System, But Still Need Support and Advocacy From CASAs: Foster youth are far more likely than the general population to become involved with the juvenile justice system:

Youth put in care were three times more likely to be arrested, convicted, and imprisoned as adults compared to those who were allowed to remain at home. This indicates that, after controlling for abuse severity, foster care experience has some additional impact on future criminality beyond the effects of abuse and neglect…. For children and juveniles in out-of-home placements, experiences of abuse and neglect are often compounded by other negative experiences and factors…. The extensive needs of children who are placed in foster care often go unmet, increasing the likelihood that youth will engage in future delinquent behavior.

(Erin McLaughlin, Dual-System Youth: The Need for Systems Integration to Improve Outcomes for Foster Youth who Commit Delinquent Acts 16-17 (2009).) Foster youth are “not only more likely to be arrested as juveniles than their peers not in care, they are also more likely to be arrested at a younger age and more likely to recidivate.” (Id. at 11.) By clarifying that CASAs can be appointed for delinquent youth, this bill appropriately recognizes that foster youth may end up in the delinquency system, but that these youth will still need and deserve the help and support of a caring adult – their CASA.

Dual Status Jurisdiction: In an effort to allow for better oversight of youth who are involved with both the foster care and delinquency systems, counties, should they so elect, may adopt dual status protocols which permit children to be both dependents and wards at the same time. (AB 129 (Cohn), Chap. 468, Stats. 2004.) Dual status for children who are both wards and dependents allows for better oversight and coordination between child welfare and probation. This voluntary program authorizes the probation department and the child welfare services department in any county, in consultation with the presiding juvenile court judge, to create a dual status protocol to permit a youth who meets specified criteria to be designated simultaneously as both a dependent child and a ward of the juvenile court. According to the Judicial Council website, 15 of California's 58 counties have elected to develop these protocols.

This bill specifically permits a CASA to participate in dual status proceedings, thus ensuring that the foster youth's caring CASA is able to be there when the youth gets into trouble, and properly advocate for the youth in that proceeding.

This Bill Also Cleans-Up Other CASAs Statutory Provisions to Ensure That CASAs Can Best Advocate on Behalf of Children: Some of the CASA statutes have not been amended for years, and, as a result, the author rightly proposes to do some necessary, but mostly technical, clean-up to some of the governing provisions. In particular, in order to ensure that CASAs can properly do their job, the bill clarifies that CASAs may access the child's juvenile court file, just like the child's lawyer, parents, and court personnel can do. Like everyone else authorized to inspect a juvenile court case file, a CASA would be prohibited from disseminating the file or its contents unless otherwise permitted. In addition, current law makes clear that otherwise confidential information reviewed by a CASA during the course of his or her duties remains confidential, thus ensuring that confidential information is protected.

REGISTERED SUPPORT / OPPOSITION:

Support

The Judges of the El Dorado Superior Court

Juvenile Court Judges of California

Opposition

None on file

Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334