BILL NUMBER: AB 973	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 4, 2010

INTRODUCED BY   Assembly Member Audra Strickland

                        FEBRUARY 26, 2009

   An act to amend Section 305.6 of the Welfare and Institutions
Code, relating to minors.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 973, as amended, Audra Strickland. Minors: temporary custody.
   Existing law authorizes a peace officer to take into temporary
custody  , with   out a warrant,  a minor who is in
a hospital if the release of the minor to a prospective adoptive
parent poses an immediate danger to the minor's health or safety.
However, existing law prohibits a peace officer from taking into
custody, without a warrant, a newborn child who is in a hospital, who
tested positive for illegal drugs or whose birth mother tested
positive for illegal drugs, who is the subject of an adoption
petition  and an adoption placement agreement  , and
whose release to the prospective adoptive parents does not pose an
immediate danger to him or her.
   This bill, instead  of that latter provision  ,
would prohibit a peace officer from taking into custody, without a
warrant, a newborn who is the subject of a proposed adoption 
, before an adoption petition has been signed  . This bill
would also allow the Health Facility Minor Release Report to be
signed by  the adoptive parent's attorney or authorized
representative, or by  a licensed adoption agency, and allow
the release of the minor to the adoptive parent's  attorney,
 authorized representative  ,  or a
licensed adoptive agency, when it does not pose an immediate danger
to the minor.
   Existing law also requires the adoptive parent or parents or their
representative to provide a copy of the Health Facility Minor
Release Report and a copy of the petition for adoption to the local
child protective services agency or to the peace officer who is at
the hospital to take the minor into  custody.  
custody  or   allows a copy of an adoption
placement agreement signed by the placing birth parent or parents and
the prospective adoptive parents to be used in place of the Health
Facility Minor Release Report.  
   This bill would allow a statement, signed by either the
prospective adoptive parents or an authorized representative of the
adoption agency, that the minor is the subject of a proposed adoption
in lieu of a copy of the petition for adoption. This bill would also
require a copy of a written statement from the prospective adoptive
parents or adoption agency personnel agreeing to immediately notify
local child protective services if the adoption plan is terminated.
 
   Existing law requires the prospective adoptive parents or their
representative to provide a copy of the petition for adoption and
documents evidencing licensure as a foster parent.  

   This bill would instead require the prospective adoptive parents
to submit a written statement of their intent to adopt the minor, and
a written statement agreeing to notify local child protective
services if adoption plan is terminated, in addition to documents
evidencing licensure as a foster parent.  
   Existing law allows a copy of an adoption placement agreement
signed by the placing birth parent or birth parents and the
prospective adoptive parents to be used in place of the Health
Facility Minor Release Report.  
   This bill would also allow a letter from a licensed adoption
agency stating the minor is placed with the prospective adoptive
parents for the purposes of adoption to be used in place of the
Health Facility Minor Release Report.  
   This bill would instead require the prospective adoptive parent or
parents or their representative or a representative of a licensed
adoption agency to provide a fully executed copy of the Health
Facility Minor Release Report and a written form signed by the
prospective adoptive parent or parents or a representative of a
licensed adoption agency that includes a declaration under penalty of
perjury that the signer will immediately notify the local child
welfare agency if the adoption plan is terminated, as provided. 

   Because the bill would require representations in the signed form
to be made under penalty of perjury, thus changing the definition of
a crime, it would impose a state-mandated local program by expanding
the crime of perjury.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program:  no
  yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 305.6 of the Welfare and Institutions Code is
amended to read:
   305.6.  (a) Any peace officer may, without a warrant, take into
temporary custody a minor who is in a hospital if the release of the
minor to a prospective adoptive parent  or a representative of a
licensed adoption agency  poses an immediate danger to the minor'
s health or safety.
   (b) (1) Notwithstanding subdivision (a) and Section 305, a peace
officer may not, without a warrant, take into temporary custody a
minor who is in a hospital if all of the following conditions exist:
   (A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs.
   (B) The minor is the subject of a proposed adoption and a Health
Facility Minor Release Report, prescribed by the department, has been
completed by the hospital, including the marking of the boxes
applicable to an independent adoption or agency adoption planning,
and signed by the placing birth parent or birth parents, as well as
either the prospective adoptive parent or parents  , their
attorney, or an authorized representative of a licensed
adoption agency, prior to the discharge of the birth parent or the
minor from the hospital. Prior to signing of the Health Facility
Minor Release Report, the birth parent or  birth 
parents shall be given a notice written in at least 14-point pica
type, containing substantially the following statements:
   (i) That the Health Facility Minor Release Report does not
constitute consent to adoption of the minor by the prospective
adoptive parent or parents, or any other  prospective
adoptive parent or parents   person  .
   (ii) That the Health Facility Minor Release Report does not
constitute a relinquishment of parental rights for the purposes of
adoption.
   (iii) That the birth parent or  birth  parents or
any person authorized by the birth parent or  birth
 parents may reclaim the minor at any time from the
prospective adoptive parent or parents or any other person to whom
the minor was released by the hospital,  until an adoption
placement agreement or a relinquishment is signed by the birth parent
or birth parents.   as provided in Sections 8814.5,
8815, or 8700 of the Family Code. 
   This notice shall be signed by the birth parent or  birth
 parents and attached to the Health Facility Minor Release
Report  , a copy of which shall be provided to the birth parent
or parents by hospital personnel at the time the form is completed
 .
   (C) The release of the minor to a prospective adoptive parent or
parents  , their attorney,  or an authorized
representative of a licensed adoption agency  , 
does not pose an immediate danger to the minor.
   (D) An attorney or an adoption agency has provided documentation
stating that he or she, or the agency, is representing the
prospective adoptive parent or parents for purposes of the adoption.
In the case of an independent adoption, as defined in Section 8524 of
the Family Code, the attorney or adoption agency shall provide
documentation stating that the prospective adoptive parent or parents
have been informed that the child may be eligible for benefits
provided pursuant to the Adoption Assistance Program, as set forth in
Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9,
only if, at the time the  petition   adoption
request  is filed, the child has met the requirements to receive
federal supplemental security income benefits pursuant to Subchapter
XVI (commencing with Section 1381) of Chapter 7 of Title 42 of the
United States Code, as determined and documented by the federal
Social Security Administration.
   (E) The prospective adoptive parent or parents or their 
attorney   representative  , or an authorized
representative of a licensed adoption agency, provides all of the
following  to the local child protective services agency or
 to the peace officer who is at the hospital to take the
minor into temporary custody: 
   (i) A copy of the Health Facility Minor Release Report with the
signed notice to the birth parent or birth parents as described in
subparagraph (B).  
   (ii) A copy of the petition for adoption or a statement signed by
either the prospective adoptive parents or an authorized
representative of the adoption agency, that this child is the subject
of a proposed adoption.  
   (iii) A copy of a written statement that the prospective adoptive
parents or adoption agency personnel will immediately notify the
local child protective services agency if the adoption plan is
terminated for any reason.  
   (2) Notwithstanding Section 305 or subdivision (a) of this
section, a peace officer may not, without a warrant, take into
temporary custody a minor who is in a hospital if all of the
following conditions exist:  
   (A) The minor is a newborn who tested positive for illegal drugs
or whose birth mother tested positive for illegal drugs. 

   (B) The minor is the subject of a proposed adoption and a
prospective adoptive parent or prospective adoptive parents have been
licensed or certified to act as a foster parent or foster parents of
the minor pending the filing or finalization of the petition for
adoption.  
   (C) The release of the minor to the prospective adoptive parent or
prospective adoptive parents does not pose an immediate danger to
the minor.  
   (D) The prospective adoptive parent or parents or their
representative provides to the local child protective services agency
or to the peace officer who is at the hospital to take the minor
into temporary custody a copy of the documents evidencing licensure
as a foster parent or foster parents, as well as a written statement
of their intent to adopt the child, and a written statement agreeing
to notify the local child protective services agency if the adoption
plan is terminated for any reason.  
   (3) A copy of an adoption placement agreement signed by the
placing birth parent or birth parents and the prospective adoptive
parent or parents may be used in place of the Health Facility Minor
Release Report and notice to the birth parent or birth parents as
described in subparagraph (B) of paragraph (1).  
   (4) A letter from a licensed adoption agency stating that the
minor is placed with the prospective adoptive parents for the
purposes of adoption may be used in place of the Health Facility
Minor Release Report and notice to the birth parent or birth parents
as described in subparagraph (B) of paragraph (1).  
   (i) A fully executed copy of the Health Facility Minor Release
Report.  
   (ii) A written form, developed by the department, signed by either
the prospective adoptive parent or parents or a representative of
the licensed adoption agency, which shall include all of the
following:  
   (I) A statement that the minor is the subject of a proposed
adoption.  
   (II) A declaration under penalty of perjury that the signer or
signers will immediately notify the local child welfare agency
pursuant to Section 11165.9 of the Penal Code if the adoption plan is
terminated for any reason, and will not to release the minor to the
birth parent or parents or any designee of the birth parent or
parents until the local child welfare agency or local law enforcement
agency completes an investigation and determines that release of the
minor to the birth parent or parents or a designee of the birth
parent or parents will not create an immediate risk to the health or
safety of the minor.  
   (III) An agreement to provide a conformed copy of the adoption
request to the local child welfare agency within five business days
after filing.  
   (IV) The names, identifying information, and contact information
for the minor, for each prospective adoptive parent, and for each
birth parent, to the extent that information is known. In the case of
an agency adoption where no prospective adoptive parent or parents
are identified at the time of the minor's release from the hospital,
the licensed adoption agency may provide the information as it
pertains to the licensed or certified foster home into which the
agency intends to place the minor.  
   (c) If the adoption plan for a minor who was released from the
hospital pursuant to subdivision (b) is terminated for any reason,
the prospective adoptive parent or parents or licensed adoption
agency shall immediately notify the local child welfare agency. The
prospective adoptive parent or parents or licensed adoption agency
may not release the minor into the physical custody of the birth
parent or parents, or any designee of the birth parent or parents,
until the local child welfare agency or local law enforcement agency
completes an investigation and determines that release of the minor
to the birth parent or parents or a designee of the birth parent or
parents will not create an immediate risk to the health or safety of
the minor.  
   (c) 
    (d)  Nothing in this section is intended to create a
duty that requires law enforcement to investigate the prospective
adoptive parent or parents.
   SEC. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because this act creates a
new crime or infraction, eliminates a crime or infraction, or
changes the penalty for a crime or infraction, within the meaning of
Section 17556 of the Government Code, or changes the definition of a
crime within the meaning of Section 6 of Article XIII B of the
California Constitution.