AB 860

Current law grants to the court assigned to exercise jurisdiction under the

Children's Code (juvenile court) jurisdiction over an unborn child alleged to be in

need of protection or services that can be ordered by the juvenile court and whose

expectant mother habitually lacks self-control in the use of alcohol beverages,

controlled substances, or controlled substance analogs, exhibited to a severe degree,

to the extent that there is a substantial risk that the physical health of the unborn

child, and of the child when born, will be seriously affected or endangered unless the

expectant mother receives prompt and adequate treatment for that habitual lack of

self-control. Current law also grants to the juvenile court exclusive original

jurisdiction over the expectant mother of such an unborn child, and permits the

juvenile court to place an adult expectant mother outside her home under certain

circumstances.

Under current law, if a petition alleging an unborn child of an adult expectant

mother to be in need of protection or services is contested, the adult expectant mother

may not be placed outside her home unless she is represented by counsel at the

hearing at which the placement is made. However, an adult expectant mother may

waive counsel if the juvenile court is satisfied that the waiver is knowingly and

voluntarily made.

This bill requires an adult expectant mother of an unborn child who is alleged

to be in need of protection or services to be represented by counsel at all proceedings,

but may waive counsel if the juvenile court is satisfied that the waiver is knowingly

and voluntarily made.