(SACRAMENTO, CA)  The Assembly Judiciary Committee passed a bill authored by Assemblymember Noreen Evans (D-Santa Rosa) that will bring more resources to courts overseeing child dependency cases, which typically determine the placement of abused or neglected children who are separated from their parent/guardian(s) and placed in foster care.

“This bill will bring modest but much needed resources to protect children,” said Evans.  “California now faces tough financial times.  But we can make this simple reform to help more foster youth in need.”

Sponsored by Judicial Council of California, and based on last year’s findings of the California Blue Ribbon Commission on Children in Foster Care, Assembly Bill (AB) 131 requires Judicial Council to:

·        Establish a program to collect reimbursements for court-appointed counsel from parents/guardian in dependency cases with the amount of reimbursement determined by financial evaluation officers;

·        Develop a standard to assess an ability to pay these reimbursements, considering a family’s income, the number of individuals dependant on this income, and the cost-effectiveness of the collection; and

·        Use all collected funds to reduce dependency counsel caseloads, and to give priority to courts with the highest caseloads and demonstrated ability to immediately improve outcomes for parents and children as a result of reduced caseloads.

“Reimbursing costs will help courts resolve more child dependency cases,” added Evans.  “But it will not be an option in cases where it would pose a detriment to the reunification of families.”

More than 60,000 children are dependents of the juvenile court.  On average, the attorneys charged with representing them and their parents have a caseload of 273 clients.  In 2007, a caseload standard of 188 clients per attorney was adopted by Judicial Council but it would cost $57.1 million to implement.

From 2005 to 2007, Judicial Council implemented a pilot project in San Joaquin and Stanislaus counties and found that 7 to 10 percent of parents could afford to provide some reimbursement.  The average payment was $850.  With some 56,000 parents now represented statewide in child dependency cases, Judicial Council believes that AB 131 could lead to the recovery of about $3.3 million to $4.8 million.

This framework for reimbursement is not without precedent.  Courts already pursue reimbursements from parents/guardians for the provision of counsel in child delinquency cases.  And, courts pursue reimbursement from defendants represented by public defenders to help offset criminal defense costs.

AB 131 now goes to the Assembly Appropriations Committee for further review.  Further information is available at http://www.leginfo.ca.gov.