BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 973
                                                                  Page  1

          Date of Hearing:   January 21, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Kevin De Leon, Chair

                 AB 973 (Strickland) - As Amended:  January 7, 2010 

          Policy Committee:                              JudiciaryVote:9 -  
          0 

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill limits when a peace officer may take a drug exposed  
          newborn into temporary custody. Specifically, this bill: 

          1)Prohibits a peace officer from taking a newborn who is in a  
            hospital  into custody, without a warrant, if all of the  
            following apply:

             a)   The newborn or birth mother tested positive for illegal  
               drugs.
             b)   The newborn is the subject of a proposed adoption, as  
               opposed to a petition for adoption.
             c)   A Health Facilities Minor Release (HFMR) Report has been  
               completed by the hospital and signed by the birth parent(s)  
               and adoptive parent(s) or an authorized representative of a  
               licensed adoption agency.
             d)   Release of the newborn to a prospective adoptive parent  
               or an authorized representative of a licensed adoption  
               agency does not pose an immediate danger to the child.
             e)   The prospective adoptive parents or the representative  
               of a licensed adoption agency have provided the peace  
               officer with specific documents.

          2)Requires that DSS study the effects of the release of a minor  
            to a prospective adoptive parent or licensed adoption agency  
            pursuant to this legislation, particularly on the health and  
            safety of the minor, and report its findings to the  
            Legislature by January 1, 2014.

           FISCAL EFFECT  









                                                                  AB 973
                                                                  Page  2

          1)Costs between $200,000 and $350,000 GF for DSS workload and  
            for contracting with a psychologist to study the data  
            collected and write the final report.

          2)One-time costs in excess of $500,000 GF to develop a data  
            collection system for adopted children and make the necessary  
            changes to the Child Welfare Services/Case Management System  
            to track adopted children.  

           COMMENTS
           
           1)Purpose  . This bill seeks to correct a problem in current law,  
            which makes it difficult to keep newborns out of the foster  
            care system, by allowing a prospective adoptive parent or a  
            licensed adoption agency to take temporary custody of a  
            drug-exposed newborn if certain requirements, designed to  
            ensure that the child is safe from harm, have been satisfied.

            In 2002, AB 2279 (La Suer; Chapter 920, Statutes of 2002) was  
            enacted to prevent child protective services agencies from  
            unnecessarily taking a drug-exposed newborn from the hospital  
            into the foster care system when an adoption plan was in place  
            and an adoptive home was waiting for the child. The law was  
            refined in 2003 by AB 962 (La Suer; Chapter 568, Statutes of  
            2003) to try to correct implementation difficulties with the  
            original bill. That legislation required that the newborn be  
            the subject of an adoption petition.  However, the author  
            asserts that in practice, the adoption petition is generally  
            not available until after the mother and child have been  
            discharged from the hospital.  Thus the current requirements  
            make it difficult for prospective adoptive parents to take  
            temporary custody of a drug-exposed baby at the hospital and  
            keep the child out of the foster care system.  



           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916)  
          319-2081