LEGISLATIVE COUNSEL'S DIGEST
AB 131, as amended, Evans. Juvenile proceedings: costs.
Existing law provides for the appointment of counsel to represent
a parent or guardian of a child, or the child, in juvenile court
proceedings if the parent or guardian is unable to afford counsel.
Existing law also provides that the father, mother, spouse, or other
person liable for the support of the minor shall be liable to the
county for those costs, except as specified, and, more generally, for
specified other costs, including the reasonable costs of support of
the minor while the minor is placed
in , detained in, or
committed to, any institution pursuant to an order of the juvenile
court or pursuant to the authority of a peace officer to take a minor
into temporary custody.
Existing law authorizes the board of supervisors to designate a
county financial evaluation officer to make financial evaluations of
liability for reimbursement of the costs described above, as
specified, and authorizes that officer to petition the court for an
order requiring the person who is determined to be financially
responsible to pay the costs.
This bill would expand the provisions described above to
specifically provide that the persons who are liable for the support
of the minor shall also be liable for the cost to the county or the
court for the cost of legal services rendered to the minor, except
under specified circumstances.
The bill would specify that the
fees collected pursuant to this provision be deposited in the Trial
Court Trust Fund. The bill would require the Judicial Council to establish a cost
recovery program, including a specified statewide standard for
determining the ability to pay, to collect reimbursements for the
costs of counsel appointed by the court to represent parents or
minors, as specified. The bill would also authorize the court, with
the consent of the county and pursuant to the terms and conditions
agreed upon by the court and the county
, to designate a
financial evaluation officer to make financial evaluations of
liability for reimbursement pursuant to the provision governing
liability for the cost to the county or the court of legal services
rendered to the minor. The bill would also make related and technical
changes.
Comments/questions on AB 131 (Evans): Juvenile proceedings: costs.