CA AB 3049

Title: Dependency: court hearings.
Author: Isaac Bryan

Summary
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 minor or nonminor dependent is not present at the hearing, 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 minor or nonminor dependent not to continue the 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 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.

Status
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 6. Noes 0.) (April 23). Re-referred to Com. on APPR.

Bill Documents
CA AB 3049 - 04/17/24 - Amended Assembly
04/17/24 - CA AB 3049 (04/17/24 - Amended Assembly)