AB 3049: Dependency: court hearings.

Existing law requires counsel in juvenile court proceedings to represent the childs interests. Existing law authorizes counsel to introduce and examine their own witnesses, make recommendations to the court about the childs welfare, and participate in the proceedings as necessary to adequately represent the child.

This bill would require counsel for a minor or nonminor dependent or their agents to meet regularly with their client, regardless of the age of the client or the clients ability to communicate verbally. The bill would require counsel for the minor or nonminor dependent verbally and to have sufficient personal contact with the minor or nonminor dependent to establish and maintain an adequate and professional attorney-client relationship.

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 minors 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 remotely, the court to inform the minor or nonminor dependent that they have the right 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 allow the minor or nonminor dependent the opportunity to consult with their counsel. If, after the consultation, counsel requests to continue the hearing to allow the minor or nonminor dependent to be physically present, the bill would require the court to grant the request unless the court finds it is in the best interest of the minor or nonminor dependent not to continue the hearing. that the continuance would be contrary to the interest of the minor or nonminor dependent. The bill would require the court to ask a minor or nonminor dependent present at the hearing if they have had an opportunity to consult with their counsel. The bill would authorize a court to continue a hearing to allow counsel a reasonable amount of time to contact a minor or nonminor dependent if the minor or nonminor dependent was not present at the hearing, had not waived their right to be present, or had not had an opportunity to consult with their counsel. 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 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. The bill would expand this requirement to a minor under 10 years of age if required by local rule.