BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 973| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: AB 973 Author: Audra Strickland (R) Amended: 1/27/10 in Assembly Vote: 21 SENATE JUDICIARY COMMITTEE : 5-0, 6/15/10 AYES: Corbett, Harman, Hancock, Leno, Walters ASSEMBLY FLOOR : 68-0, 1/27/10 - See last page for vote SUBJECT : Minors: temporary custody SOURCE : Author DIGEST : This bill, until January 1, 2013, revises the current requirements that must be met before prospective adoptive parents may take a drug-exposed newborn into temporary custody from the hospital. ANALYSIS : Existing law allows a peace officer, without a warrant, to take into temporary custody a minor who is in a hospital when release of the minor to a parent poses an immediate danger to the child's health or safety. (Section 305.6 of the Welfare and Institutions Code [WIC]) Existing law provides that a peace officer may, without a warrant, take a minor who is in the hospital into temporary custody if release of the minor to a prospective adoptive parent poses an immediate danger to the minor's health or safety. (WIC Section 305.6) CONTINUED AB 973 Page 2 Existing law prevents a peace officer, without a warrant, from taking a child into custody if all of the following conditions exist: 1. The minor or the birth mother tested positive for illegal drugs. 2. The minor is the subject of a petition for adoption. 3. A Health Facility Minor Release Report (HFMR) has been completed by the hospital and signed by the placing birth parent(s) and the adoptive parent, with boxes marked applicable to an independent adoption or an agency adoption, prior to the discharge of the child. A copy of an adoption placement agreement signed by the placing birth parent or parents and the prospective adoptive parent or parents may be used in place of the HFMR. 4. The attorney or agency provides documentation stating that he or she or the agency is representing the prospective adoptive parents for the purposes of the adoption. 5. Release of the minor to the prospective adoptive parents does not pose an immediate danger to the child. 6. Prior to signing the HFMR, the birth parent(s) must be given a notice, as specified, stating among other things that the HFMR does not constitute consent to the adoption or a relinquishment of parental rights, and that the birth parent(s) may reclaim the minor from the prospective adoptive parents until an adoption placement agreement or relinquishment is signed by the birth parent(s). 7. The prospective adoptive parents or their representative must provide a copy of the HFMR with the signed notice to the birth parent(s) and a copy of the petition for adoption to the local child protective services agency or the peace officer who is at the hospital to take the minor into temporary custody. (WIC Section 305.6) AB 973 Page 3 This bill provides that a peace officer may, without warrant, take a minor who is in the hospital into temporary custody if release of the minor to a prospective adoptive parent or a representative of a licensed adoption agency poses an immediate danger to the child's health or safety. This bill provides that, notwithstanding the above provisions, a peace officer may not, without a warrant, take into custody a newborn who is in the hospital if, among other things, all of the following apply: 1. The newborn or birth mother tested positive for illegal drugs. 2. The newborn is the subject of a proposed adoption, as opposed to a petition for adoption. 3. An HFMR Report has been completed by the hospital and signed by the placing birth parent(s), as well as either the prospective adoptive parent(s) or an authorized representative of a licensed adoption agency, prior to the discharge of the child or birth parent and that prior to signing the HFMR Report, the birth parent(s) have been given a notice that the HFMR Report does not constitute consent to adoption or relinquishment of parental rights and that the birth parents may reclaim the child at any time as provided. 4. 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. 5. The prospective adoptive parents or the representative of a licensed adoption agency have provided the peace officer in the hospital to take custody of the newborn with the following documents: (a) a fully executed HFMR Report, (b) a properly executed form developed by the Department of Social Services stating that the child is the subject of a proposed adoption; the names and contact information for all parties, (c) an agreement to provide a conformed copy of the adoption request to the county child welfare agency within five days after filing, and (d) a declaration that the prospective adoptive parent(s) or representative of the licensed AB 973 Page 4 adoption agency will comply with specified requirements. This bill requires that, if the adoption plan is terminated for any reason, the prospective adoptive parents or the licensed adoption agency immediately notify the county child welfare agency. This bill provides that, before the prospective adoptive parents or the licensed adoption agency may release the minor to the birth parent(s) or any designee of the birth parent(s), the county child welfare agency or law enforcement must have completed an investigation and determined that release of the minor to the birth parent or designee will not create an immediate risk to the health or safety of the minor. This bill sunsets on January 1, 2013. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 6/17/10) Academy of California Adoption Lawyers California State Association of Counties County Welfare Directors Association of California Family Law Section of the State Bar ARGUMENTS IN SUPPORT : According to the author's office, this bill seeks to correct a problem caused by inconsistency in California's adoption law, which prevents mothers from ensuring that their newborn goes home with adoptive parents instead of entering the foster care system. In support, the County Welfare Directors Association of California writes: "This legislation seeks to ensure that a newborn that tests positive for a controlled substance at birth can be safely taken home from the hospital by an adoptive family or representative of an adoption agency. Current law allows for this to occur when the baby is the subject of a legitimate adoption, but the law is structured in such a manner that the statutorily required AB 973 Page 5 documentation that must be provided by the adoptive family or adoption agency cannot actually be provided at the time of the baby's birth. This has caused confusion among hospital personnel, county law enforcement and child welfare agencies, and adoptive parents and agencies." Also in support, the Academy of California Adoption Lawyers writes: "These changes provide a stronger law that will allow those 'positive tox' infants who have an adoption plan to be released from the hospital while retaining the ability of the social workers or law enforcement to intercede if they believe it is necessary. Additionally, if the birth mother seeks to reclaim her child, the amendments provide for a process that ensures that Child Welfare is informed and signs off in order to protect the child." ASSEMBLY FLOOR : AYES: Adams, Ammiano, Anderson, Arambula, Beall, Bill Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield, Bradford, Brownley, Buchanan, Caballero, Charles Calderon, Chesbro, Conway, Cook, Coto, De La Torre, Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore, Hagman, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande, Niello, Nielsen, John A. Perez, Portantino, Ruskin, Saldana, Silva, Smyth, Solorio, Audra Strickland, Swanson, Torres, Torrico, Tran, Villines, Yamada NO VOTE RECORDED: Carter, Davis, De Leon, DeVore, Hall, V. Manuel Perez, Salas, Skinner, Torlakson, Bass RJG:mw 6/17/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****