AB 986

This bill expands the right to counsel of an adult expectant mother of an unborn

child who is alleged to be in need of protection or services.

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 this bill, an adult expectant mother of an unborn child who is alleged in

a petition to be in need of protection or services must be represented by counsel at

all proceedings. Under current law, such an adult expectant mother must be

represented by counsel at the fact-finding hearing and subsequent proceedings, if

the petition is contested; and at the hearing at which the placement outside the home

is made, if the petition is not contested. As under current law, the bill allows an adult

expectant mother to waive counsel if the juvenile court is satisfied that the waiver

is knowingly and voluntarily made.