BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 973|
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                                 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)
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          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)








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          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  







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             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  







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          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

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