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
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            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