BILL ANALYSIS Ó AB 1757 Page 1 Date of Hearing: May 2, 2012 ASSEMBLY COMMITTEE ON APPROPRIATIONS Felipe Fuentes, Chair AB 1757 (Fletcher) - As Amended: April 11, 2012 Policy Committee: JudiciaryVote:10 - 0 Urgency: No State Mandated Local Program: Yes Reimbursable: Yes SUMMARY This bill is the annual omnibus adoption bill from the Academy of California Adoption Lawyers. Specifically, this bill: 1)In a stepparent adoption, allows a licensed clinical social worker or marriage and family therapist who is performing the investigation for the stepparent adoption to also help identify the child's natural father. 2)Clarifies the timelines for setting initial hearings and contested trials in cases involving termination of parental rights of presumed fathers and mothers by requiring that a proceeding to declare a child free from parental custody and control be set for hearing not more than 45 days after filing of the petition 3)Allows birth parents utilizing an agency for an adoption to waive their right to revoke relinquishment of their child for adoption, just as birth parents going through an independent adoption may now do. 4)In a probate guardianship proceeding, requires the court investigator, unless waived by the court, to investigate every proposed guardianship and report recommendations to the court. Requires the report to be made available to all parties at least three days before the guardianship hearing. 5)Allows the court to refer any case of possible child abuse or neglect to the child welfare agency. Allows the court, pending completion of the child welfare investigation, to take any reasonable steps to protect the child's safety. Stays the AB 1757 Page 2 guardianship case if dependency proceedings are initiated. Requires any recommendation regarding commencing a guardianship proceeding made by the child welfare social worker to be provided to the person requesting the dependency investigation. FISCAL EFFECT 1)As this legislation is primarily clarifying, there are no new costs for the courts. 2)Costs for the county child welfare departments should be minor and absorbable within existing resources. COMMENTS Rationale . This bill comes from stakeholders in the adoption community who have identified statutes that require clarification or consolidation. Laws that govern adoption processes are spread throughout the Family Code, Welfare & Institutions Code, and Probate Code. As these code sections are gradually amended, they may often conflict with other sections, resulting in contradictory provisions. The author notes that the laws become confusing and convoluted and are often misinterpreted and misapplied in judicial procedures, presenting unnecessary and costly hurdles to parents that would like to adopt. This bill reconciles the various inconsistencies in statute to clarify adoption law and streamline adoption processes. Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081