Appendix A
California Senate Bill 1391
AMENDED BILL TEXT
AMENDED IN ASSEMBLY JUNE 29, 2000
AMENDED IN ASSEMBLY JUNE 15, 2000
AMENDED IN SENATE MAY 18, 2000
AMENDED IN SENATE APRIL 25, 2000
AMENDED IN SENATE MARCH 30, 2000
INTRODUCED BY Senators Schiff and Polanco
JANUARY 25, 2000
An act to repeal and add Section 346 add
and repeal Section 346.1 of the Welfare and Institutions Code,
relating to juvenile court hearings.
LEGISLATIVE COUNSEL'S DIGEST
SB 1391, as amended, Schiff. Juvenile court hearings.
Existing law generally provides that the public shall not be
admitted to hearings involving a child who has been or may be
declared a dependent child of the juvenile court unless requested by
the child and any parent or guardian; the judge or referee may also
admit certain persons, as specified.
This bill would provide that , in specified counties, until a
finding is made that the state is out of compliance with federal
confidentiality requirements that will result in the loss of federal
funds or on January 1, 2006, those hearings shall be open to
the public unless, upon a specified objection or motion, the court
finds on the record that admitting the public would
seriously harm or, where the objection or motion is
made by the court or any party other than the child or the child's
attorney, would seriously harm the child's best interest. The
bill would also require that the child's attorney or, if the
no attorney is not present,
that the court, advise the child of the child's
right to have the hearing closed. The bill would require the
Judicial Council to report to the Legislature on the implementation
of these provisions by January 1, 2005.
This bill's provisions would be repealed on January 1, 2006, at
which time existing law would be restored.
Vote: majority. Appropriation: no. Fiscal committee:
no yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 346 of the Welfare and Institutions Code is
repealed.
SEC. 2. Section 346 is added to the Welfare and Institutions Code,
to read:
346. (a) The public shall be admitted to a juvenile court hearing
unless an objection is made by the child concerning whom the
petition has been filed, by the child's attorney, or by any other
party to the proceeding, or a motion is made by the court. If an
objection or motion is made, the court may exclude the public from a
juvenile court hearing only if it makes a finding on the record that
admitting the public would cause serious harm to the child's best
interest. Nothing in this section shall limit the court's right to
take the child's testimony in chambers pursuant to Section 350. The
child's attorney shall advise the child of the right to have the
hearing closed pursuant to this section. If the attorney is not
present, the court shall advise the child of this right.
(b) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2006, deletes or extends
that date.
SEC. 3. Section 346 is added to the Welfare and Institutions Code,
to read:
346. (a) Unless requested by a parent or guardian and consented
to or requested by the minor concerning whom the petition has been
filed, the public shall not be admitted to a juvenile court hearing.
The judge or referee may nevertheless admit such persons as he or she
deems to have a direct and legitimate interest in the particular
case or the work of the court.
(b) This section shall become operative on January 1, 2006.
SECTION 1. Section 346.1 is added to the Welfare and Institutions
Code, to read:
346.1. (a) In lieu of the provisions of Section 346, the
presiding judge of the juvenile court in any county may provide that
in the juvenile dependency courts of that county, or any of them, the
requirements of this section shall apply.
(b) The public shall be admitted to a juvenile court hearing
unless an objection is made by the child concerning whom the petition
has been filed, by the child's attorney, or by any other party to
the proceeding, or a motion is made by the court.
(c) (1) If an objection or motion is made by the child or the
child's attorney, the court may exclude the public from a juvenile
court hearing if it makes a finding on the record that admitting the
public would cause harm to the child's best interest.
(2) If an objection or motion is made by the court or any party to
the proceeding other than the child or the child's attorney, the
court may exclude the public from a juvenile court hearing only if it
makes a finding on the record that admitting the public would cause
serious harm to the child's best interest.
(d) The child's attorney shall advise the child of the right to
have the hearing closed pursuant to this section. If there is no
attorney present, the court shall advise the child of this right.
The court shall, in every case, ensure that the child's attorney has
advised the child of the right to request the hearing be closed.
(e) If the court finds that opening the court hearing to the
public is not in the best interest of the child, the court may
consider less restrictive means than closing the hearing in order to
protect the child's best interest. Less restrictive means may include
procedures to ensure the child's name or other identifying
information remains confidential.
(f) Nothing in this section shall limit the court's right to take
the child's testimony in chambers pursuant to Section 350.
(g) The Judicial Council shall report to the Legislature by
January 1, 2005, on the implementation of this section. The report
shall include the number of counties and courts that utilized the
procedures of this section, the number of times an objection was
filed by the child or his or her attorney, the court, or any other
party to the proceeding, and whether the proceedings were closed on
the basis of that objection. The report shall also include, but
shall not be limited to, a discussion of the perceived benefits and
harms of the implementation of this section, and procedures courts
utilized consistent with subdivision (e) to protect the best interest
of the child without closing the hearing to the public.
(h) This section shall become inoperative on the date that the
director of the State Department of Social Services makes a finding
that the United States Department of Health and Human Services has
notified the state that, as a result of the provisions of this
section, this state is out of compliance with federal confidentiality
requirements governing the administration of the federal Title IV-E
or Title IV-B programs that will result in the loss of federal funds.
(i) If any provision of this section or the application thereof to
any person or circumstance is held invalid for any reason, such
invalidity shall not affect any other provisions or applications of
this section which can be effected, without the invalid provision or
application, and to this end the provisions of this section are
severable.
(j) This section shall remain in effect only until January 1,
2006, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2006, deletes or extends
that date.
Home . About . News . Activities . Resources
The Barton Child Law and Policy Clinic, info@ChildWelfare.net
Emory University School of Law, Gambrell Hall, Atlanta, GA 30322, (404) 727-6664.