BILL ANALYSIS
AB 2417
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Date of Hearing: May 4, 2010
ASSEMBLY COMMITTEE ON JUDICIARY
Mike Feuer, Chair
AB 2417 (Cook) - As Introduced: February 19, 2010
PROPOSED CONSENT
SUBJECT : TRIBAL CUSTOMARY ADOPTION
KEY ISSUE : SHOULD TECHNICAL AND CLARIFYING CHANGES BE MADE TO
THE TRIBAL CUSTOMARY ADOPTION PROCESS TO SPECIFY THAT, AMONG
OTHER THINGS, THE REQUIRED BACKGROUND CHECK MUST BE DONE THROUGH
THE DEPARTMENT OF JUSTICE?
FISCAL EFFECT : As currently in print this bill is keyed
non-fiscal.
SYNOPSIS
This non-controversial bill makes several technical and
clarifying changes to the tribal customary adoption process that
have been recommended by the Department of Justice. Most
significantly, this bill clarifies that prior to the approval of
an adoptive placement, a background check on the prospective
tribal customary adoptive parents and on persons over 18 years
of age residing in their household must be conducted through the
Department of Justice. This bill is supported by the Family Law
Section of the State Bar, and there is no reported opposition.
SUMMARY : Clarifies how a tribal customary adoption background
check must be completed. Specifically, this bill :
1)Clarifies that a state and federal background check conducted
through the Department of Justice must be conducted for the
prospective adoptive parents and any person residing in the
home over 18 prior to final approval of a tribal customary
adoptive placement.
2)Makes various grammatical and other non-substantive changes in
order to provide clarification and correct technical defects
that exist in various statutory provisions.
EXISTING LAW :
AB 2417
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1)Requires a state and federal criminal background check through
the Department of Justice be conducted on the prospective
tribal customary adoptive parents and on persons over 18 years
of age residing in their household. (Welfare and Institutions
Code 366.24(3).)
2)Provides that, upon the tribe choosing a designee to conduct
the home study, the designee shall perform the state and
federal criminal background check. (Id.)
3)Provides that, upon the tribe conducting its own home study,
the agency that has the placement and care responsibility of
the child shall perform the state and federal criminal
background check. (Id.)
COMMENTS : This bill makes clarifying and technical changes to
the tribal adoption process, established last year by AB 1325
(Cook), Chap. 287, Stats. 2009. Most significantly this bill
clarifies that, prior to the final approval of an adoptive
placement, a background check must be conducted through the
Department of Justice on the prospective tribal customary
adoptive parents and on persons over 18 years of age residing in
their household.
Background Check Required By Department of Justice : Current law
requires the tribe or its designee, as specified, to conduct an
adoptive home study prior to final approval of an adoptive
placement. It establishes the standard for evaluating the
adoptive home as the prevailing social and cultural standards of
the child's tribe. Additionally, it requires the tribe or its
designee to conduct specified background checks to the extent
required by federal law as a condition of receiving federal
foster care funding. The state and federal criminal background
check is conducted through the Department of Justice. This bill
clarifies the required background check must be done through the
Department of Justice prior to final approval of the adoptive
placement.
Prior Legislation : SB 678 (Ducheny), Chap. 838, Stats. 2006
revises and recasts portions of the Family, Probate and Welfare
and Institutions Codes that address Indian child custody
proceedings by codifying into state law various provisions of
the federal Indian Child Welfare Act, the Bureau of Indian
Affairs Guidelines for State Courts, and state Rules of Court.
AB 2417
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AB 1325 (Cook), Chap. 287, Stats. 2009, creates customary tribal
adoption as an exception to the usual termination of the
parental rights, whereby the tribe approves an adoption without
terminating the birth parents' rights, giving the children more
than two legal parents. The provisions of AB 1325 are subject
to review and a four-year sunset to ensure that the children's
best interests, along with the interests of the tribe, are
properly protected.
REGISTERED SUPPORT / OPPOSITION :
Support
Family Law Section of the State Bar of California
Opposition
None on file
Analysis Prepared by : Leora Gershenzon and Cheryl Lema / JUD.
/ (916) 319-2334