Bill Text: CA AB1229 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Juvenile court costs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State - Chapter 569, Statutes of 2010. [AB1229 Detail]

Download: California-2009-AB1229-Amended.html

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BILL NUMBER: AB 1229	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 10, 2010
	AMENDED IN SENATE  JULY 15, 2010
	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Evans

                        FEBRUARY 27, 2009

   An act to amend Section 903.47 of the Welfare and Institutions
Code, relating to juvenile court costs.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1229, as amended, Evans. Juvenile court costs.
   Existing law provides for the appointment of counsel to represent
a minor in juvenile court proceedings, as specified. The father,
mother, spouse, or other person liable for the support of the minor
is liable to the county for those costs, except as specified.
   Existing law authorizes the court, with the consent of the county
and pursuant to the terms and conditions agreed upon by the court and
the county, to designate a financial evaluation officer to make
financial evaluations of liability for reimbursement pursuant to the
provision governing liability for the cost to the county or the court
of legal services rendered to a minor.
   This bill would additionally authorize the court to designate a
court financial evaluation officer to make evaluations of liability
for reimbursement for the costs of legal services rendered to a
minor. The bill would also require both the court financial
evaluation officer and the county financial evaluation officer to
follow the procedures set forth for county financial evaluation
officers, as specified.
   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 903.47 of the Welfare and Institutions Code is
amended to read:
   903.47.  (a) The Judicial Council shall establish a program to
collect reimbursements from the person liable for the costs of
counsel appointed to represent parents or minors pursuant to Section
903.1  in dependency proceedings  .
   (1) As part of the program, the Judicial Council shall:
   (A) Adopt a statewide standard for determining the ability to pay
reimbursements for counsel, which shall at a minimum include the
family's income, their necessary obligations, the number of
individuals dependent on this income, and the cost-effectiveness of
the program.
   (B) Adopt policies and procedures allowing a court to recover from
the money collected the costs associated with collecting delinquent
reimbursements. The policies and procedures shall at a minimum limit
the amount of money a court may recover to a reasonable proportion of
the delinquent reimbursements collected and provide the terms and
conditions under which a court may use a third party to collect
delinquent reimbursements.
   (2) The money collected shall be deposited as required by Section
68085.1 of the Government Code. Except as otherwise authorized by
law, the money collected under this program shall be utilized to
reduce caseloads, for attorneys appointed by the court, to the
caseload standard approved by the Judicial Council. Priority shall be
given to those courts with the highest attorney caseloads that also
demonstrate the ability to immediately improve outcomes for parents
and children as a result of lower attorney caseloads.
   (b) The court may do either of the following:
   (1) Designate a court financial evaluation officer to make
financial evaluations of liability for reimbursement pursuant to
Section 903.1.
   (2) With the consent of the county and pursuant to the terms and
conditions agreed upon by the court and county, designate a county
financial evaluation officer to make financial evaluations of
liability for reimbursement pursuant to Section 903.1.
   (c) In handling reimbursement of payments pursuant to Section
903.1, the court financial evaluation officer and the county
financial evaluation officer shall follow the procedures set forth
for county financial evaluation officers in subdivisions (b), (c),
and (d) of Section 903.45.