Bill Text: CA SB179 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Juvenile law: referee.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-07-09 - Chaptered by Secretary of State. Chapter 66, Statutes of 2010. [SB179 Detail]

Download: California-2009-SB179-Chaptered.html

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BILL NUMBER: SB 179	CHAPTERED
	BILL TEXT

	CHAPTER  66
	FILED WITH SECRETARY OF STATE  JULY 9, 2010
	APPROVED BY GOVERNOR  JULY 9, 2010
	PASSED THE SENATE  JUNE 24, 2010
	PASSED THE ASSEMBLY  JUNE 21, 2010
	AMENDED IN ASSEMBLY  MAY 20, 2010
	AMENDED IN ASSEMBLY  MAY 6, 2010
	AMENDED IN SENATE  APRIL 14, 2009
	AMENDED IN SENATE  MARCH 23, 2009

INTRODUCED BY   Senator Runner

                        FEBRUARY 17, 2009

   An act to amend Section 248 of the Welfare and Institutions Code,
relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 179, Runner. Juvenile law: referee.
   Existing law requires a referee to hear cases assigned to him or
her by the presiding judge of the juvenile court. Existing law
requires the referee to furnish to the presiding judge and the minor,
if the minor is 14 years of age or older or makes that request, and
to serve upon the minor's attorney and the minor's parent, guardian,
or adult relative and that person's attorney, a written copy of the
referee's findings and order, and to furnish to the minor and the
parent, guardian, or adult relative, with the findings and order, a
written explanation of the right of those persons to seek review of
the order by the juvenile court. Existing law requires that service
made pursuant to these provisions be made by mail, as specified.
   This bill would allow service to be made in court on a minor,
parent, or guardian who is present in court on the date that the
findings and order of the referee are made. The bill would require
service of the findings and order by mail to a minor, parent, or
guardian who was not present in court when those findings and order
were made, except as specified, and would require the mailing to
include the written explanation of the right to seek review of the
order, as required pursuant to the provision described above.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 248 of the Welfare and Institutions Code is
amended to read:
   248.  (a) A referee shall hear those cases that are assigned to
him or her by the presiding judge of the juvenile court, with the
same powers as a judge of the juvenile court, except that a referee
shall not conduct any hearing to which the state or federal
constitutional prohibitions against double jeopardy apply unless all
of the parties thereto stipulate in writing that the referee may act
in the capacity of a temporary judge. A referee shall promptly
furnish to the presiding judge of the juvenile court and the minor,
if the minor is 14 or more years of age or if younger has so
requested, and shall serve upon the minor's attorney of record and
the minor's parent or guardian or adult relative and the attorney of
record for the minor's parent or guardian or adult relative a written
copy of his or her findings and order and shall also furnish to the
minor, if the minor is 14 or more years of age or if younger has so
requested, and to the parent or guardian or adult relative, with the
findings and order, a written explanation of the right of those
persons to seek review of the order by the juvenile court.
   (b) Service, as provided in this section, shall be made as
follows:
   (1) If a minor, parent, or guardian is present in court at the
time the findings and order are made, then the findings and order may
be served in court on any minor, parent, or guardian who is present
in court on that date and a written explanation of the right to seek
review of the order as required pursuant to subdivision (a) shall be
furnished at that time.
   (2) If paragraph (1) is not applicable, service shall be made by
mail, within the time period specified in Section 248.5, to the last
known address of those persons or to the address designated by those
persons appearing at the hearing before the referee and the mailing
shall include, if applicable, the written explanation of the right to
seek review of the order. If the parent or guardian does not have a
last known address designated, then service by mail shall be to that
party in care of his or her counsel.