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 also require a court, if the child 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 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 or nonminor dependent not to continue 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 or nonminor dependent.

Status
In committee: Hearing postponed by committee.

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