Amended  IN  Assembly  April 17, 2024
Amended  IN  Assembly  March 21, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 3049

Introduced by Assembly Member Bryan

February 16, 2024

An act to amend Section 349 of the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 3049, as amended, Bryan. Dependency: court hearings.
Existing law entitles a minor who is the subject of a juvenile court hearing to be present at that hearing. Existing law requires the court to inform the minor, if the minor is present at the hearing, of their right to address the court and participate in the hearing. Existing law requires the court, if the minor is 10 years of age or older and not present at the hearing, to determine whether the minor was properly notified of their right to attend the hearing and inquire whether they were given an opportunity to attend. Existing law requires the court to continue the hearing to allow the minor to be present, if they were not properly notified or if they wished to present, but were not given the opportunity, unless the court finds that it is in the minor’s best interest not to continue the hearing. Existing law requires the court to continue the hearing only for the period of time necessary to provide the child notice and secure their presence.
This bill would expand the above provisions to include nonminor dependents. The bill would require, if the minor or nonminor dependent participates in the hearing by virtual or telephonic means, the court to inquire whether the minor or nonminor dependent wished to be physically present at the hearing. The bill would require, if the minor or nonminor dependant wished to be physically present, for the court to continue the hearing to allow the minor or nonminor dependent to be physically present, unless the court finds the continuance would be contrary to the interest of the minor or nonminor dependent. The bill would require the court to ask the minor or nonminor dependent, whether present at the hearing or participating by virtual or telephonic means, if they have had an opportunity to consult with their counsel. The bill would require, if the minor or nonminor dependent has not had an opportunity to consult with counsel, to allow the minor or nonminor dependent an opportunity to do so prior to proceeding with the hearing. The bill would also require a court, if the child minor or nonminor dependent is not present at the hearing, to ask counsel for the child or nonminor dependent to state, on the record, the date of counsel’s most recent personal contact with the child or nonminor dependent. The bill would require the court, if the court finds that counsel had no contact with the child or nonminor dependent in the last 6 months, to determine whether the minor or nonminor dependent had an opportunity to consult with counsel. The bill would the court to continue the hearing to allow counsel time to do so to assess their well-being and determine their wishes with respect to the issues presently before the court, unless the court finds that it is in the best interest of the child minor or nonminor dependent not to continue the hearing. hearing, or the minor or nonminor dependent waiver their right to be physically present at the hearing. The bill would require the court to continue the hearing only for the period of time necessary to provide counsel with a reasonable amount of time to contact the child minor or nonminor dependent.
The bill would require counsel for the minor or nonminor dependent or their agents to meet regularly with their client, regardless of the client’s age or ability to communicate verbally. The bill would require counsel for the minor or nonminor dependent to have sufficient personal contact to establish and maintain an adequate and professional attorney-client relationship. The bill would prohibit counsel from waiving the appearance of a client who is 10 years of age or older, unless counsel has received direction from the minor or nonminor dependent and counsel has interviewed the minor or nonminor dependent to determine their wishes and assess their well-being. The bill would expand this requirement to a minor under 10 years of age if required by local rule.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 349 of the Welfare and Institutions Code is amended to read:

349.
 (a) A minor or nonminor dependent who is the subject of a juvenile court hearing, and any person entitled to notice of the hearing under Sections 290.1 and 290.2, is entitled to be present at the hearing.
(b) The minor or nonminor dependent and any person who is entitled to that notice has the right to be represented at the hearing by counsel of their own choice.
(c) (1) If the minor or nonminor dependent is present at the hearing, the court shall inform the minor or nonminor dependent that they have the right to address the court and participate in the hearing and the court shall allow the minor or nonminor dependent, if they so desire, to address the court and participate in the hearing.
(2) If the minor or nonminor dependent participates in the hearing by virtual or telephonic means, the court shall inquire as to whether the minor or nonminor dependent wished to be physically present at the hearing. If the minor or nonminor dependent wished to be physically present at the hearing, the court shall continue the hearing to allow the minor or nonminor dependent to be physically present, unless the court finds that the continuance would be contrary to the interest of the minor or nonminor dependent.
(3) The court shall also ask the minor or nonminor dependent, whether they are present at the hearing or participating by virtual or telephonic means, if they have had an opportunity to consult with their counsel. If the minor or nonminor dependent has not had an opportunity to consult with their counsel, the court shall allow the minor or nonminor dependent an opportunity to consult with their counsel prior to proceeding with the hearing.
(d) (1) If the child minor or nonminor dependent is not present at the hearing, the court shall ask counsel for the child or nonminor dependent to state, on the record, the date of counsel’s most recent personal contact with the child or nonminor dependent. If the court finds that counsel has had no personal contact with the child or nonminor dependent in the last six months, the court shall determine whether the minor or nonminor dependent had an opportunity to consult with their counsel. The court shall continue the hearing to allow counsel to personally contact the child minor or nonminor dependent to assess their well-being and determine their wishes with respect to the issues presently before the court, unless the court finds that it is in the best interest of the child minor or nonminor dependent not to continue the hearing. hearing, or that the minor or nonminor dependent waived their right to be physically present at the hearing. The court shall continue the hearing only for that period of time necessary to provide counsel with a reasonable amount of time to personally contact the child minor or nonminor dependent. Nothing in this subdivision shall be construed to permit counsel to violate a child’s minor’s or nonminor dependent’s attorney-client privilege.

(e)If the

(2) (A) In the case of a minor or nonminor dependent is 10 years of age or older and they are older, or a nonminor dependent, who is not present at the hearing, the court shall also determine whether the minor or nonminor dependent was properly notified of their right to attend the hearing and inquire whether the minor or nonminor dependent was given an opportunity to attend. If that minor or nonminor dependent was not properly notified notified, or if they wished to be present and were not given an opportunity to be present, the court shall continue the hearing to allow the minor or nonminor dependent to be present unless the court finds that it is in the best interest of the minor or nonminor dependent not to continue the hearing. hearing, or that the minor or nonminor dependent waived their right to be present at the hearing. The court shall continue the hearing only for that period of time necessary to provide notice and secure the presence of the child minor or nonminor dependent. The court may issue any and all orders reasonably necessary to ensure that the child minor or nonminor dependent has an opportunity to attend.
(B) A court shall, if required by local rule, apply the rights described in this paragraph to a minor under 10 years of age.
(e) Counsel for the minor or nonminor dependent or their agents are expected to meet regularly with their client, regardless of the age of the client or the client’s ability to communicate verbally. Counsel for the minor or nonminor dependent shall have sufficient personal contact with the minor or nonminor dependent to establish and maintain an adequate and professional attorney-client relationship.
(f) (1) Counsel shall not waive the appearance of their client who is 10 years of age or older, unless counsel has received direction from the minor or nonminor dependent and counsel has interviewed the minor or nonminor dependent to determine their wishes and to assess their well-being.
(2) A court shall, if required by local rule, apply the rights described in this subdivision to a minor under 10 years of age.

(f)

(g) Nothing in this section shall prevent or limit any child’s minor’s or nonminor dependent’s right to attend or participate in the hearing.