BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 848 (Patterson) - Adoption.
Amended: July 2, 2013 Policy Vote: Judiciary 6-0
Urgency: No Mandate: No
Hearing Date: August 12, 2013
Consultant: Jolie Onodera
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 848 would make several changes to adoption
processes and adoptive placement considerations. Specifically,
this bill:
Clarifies when a birth parent's waiver of the right to revoke
consent to an adoption is void or able to be rescinded.
Clarifies that only specified adoptive parents qualify for an
abbreviated home study, and codifies existing regulations that
require as part of the abbreviated home study, a review by the
Department of Social Services (DSS), county adoption agency,
or licensed adoption agency of all previous guardianship
investigation reports, home study assessments, and
pre-placement evaluations of each applicant.
Extends eligibility for a reduced fee home study to lower
income prospective adoptive parents, as specified.
Fiscal Impact:
Minor, absorbable administrative costs to the DSS, as the
provisions codify existing regulations with regard to home
study processes.
Potential minor net fee revenue loss of less than $50,000
(General Fund) per year due to authorizing a broader class
of lower income prospective adoptive parents eligibility for
a reduced fee home study. It is assumed the full cost fee
would have otherwise been cost prohibitive to some lower
income prospective parents. Removing this financial barrier
could result in a greater number of adoptive parents,
offsetting the impact of the reduced fee.
Background: Existing law specifies how a birth parent
relinquishes a child for adoption, and allows a parent to revoke
the relinquishment within 10 days of the relinquishment for
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agency adoptions and within 30 days for independent adoptions.
Existing law provides that a waiver signed in front of a
judicial officer or the DSS is final and irrevocable at the time
the waiver is signed. Waivers signed in the presence of an
authorized representative of a private licensed adoption agency
become final and irrevocable at the close of the next business
day.
This bill clarifies that, in an agency adoption, if a birth
parent waives the right to revoke the relinquishment for
adoption, the relinquishment becomes final and irrevocable at
the close of the next business day after the date it was signed,
or after the expiration of any holding period specified in
writing.
Existing law requires the DSS or delegated county adoption
agency to ascertain whether a proposed adoptive home is suitable
for a child. Existing law further requires the DSS or agency to
submit to the court a full report of the facts found in studying
a prospective adoptive home. Under existing law, DSS, county
adoption agencies, or licensed adoption agencies are authorized
to order an abbreviated home study for prospective adoptive
parents who are already foster parents or relative caregivers to
the child, as specified.
Under existing law, prospective adoptive parents in an
independent adoption are required to pay a fee to the DSS or
delegated county adoption agency for the cost of investigating
the adoption petition. The DSS or delegated county adoption
agency may reduce the fee assessed to no less than $500 when the
prospective adoptive parents are very low income according to
the income limits published by the Department of Housing and
Community Development, and when making the required payment
would be detrimental to the welfare of an adopted child.
Proposed Law: This bill would make several changes to adoption
processes and adoptive placement considerations. Specifically,
this bill would clarify when a birth parent's waiver of the
right to revoke consent to an adoption is void or able to be
rescinded. This bill would also clarify that an abbreviated home
study assessment may only be used for the following individuals:
A certified foster parent with whom the child has lived
with for more than six months.
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An approved relative caregiver or nonrelated extended
family member with whom the child has had an ongoing and
significant relationship.
A court appointed guardian, as specified.
A prospective adoptive parent who has completed an
agency-supervised adoption within the past two years.
This bill would require, as part of the abbreviated home study,
a review by the DSS, county adoption agencies, or licensed
adoption agency of all previous guardianship investigation
reports, home study assessments, and pre-placement evaluations
of each applicant.
This bill would broaden eligibility for a reduced cost home
study to prospective adoptive parents from those who are very
low income to those who are lower income, according to the
income limits published by the Department of Housing and
Community Development, and when making the required payment
would be detrimental to the welfare of an adopted child.
Prior Legislation: AB 1757 (Fletcher) Chapter 638/2012 among
other things, clarified the probate court's role when a child in
a guardianship proceeding may fall within the jurisdiction of
the dependency court, authorized birth parents to waive their
right to revoke consent in agency adoptions, and consolidated
venue provisions for adoption petitions into one code section.
Staff Comments: The DSS indicates the provisions of this bill
will result in minor and absorbable administrative costs, as the
provisions related to home study processes are already included
in state regulations and reflect compliance with federal law.
By broadening eligibility for a reduced fee home study, the
provisions of this bill could result in an unknown number of
lower income prospective adoptive parents qualifying for a
reduced fee, however it is unknown to what degree the full cost
home study has been a financial barrier for lower income
prospective parents and to what degree the provisions of this
bill might impact the number of potential adoptive parents. The
full cost of a home study is $4,500. This bill authorizes a
reduction in the fee to no lower than $500, and would be
assessed on a sliding scale based on income. While authorizing a
broader class of lower income prospective adoptive parents to be
eligible for a reduced cost home study, it is assumed the full
cost fee would have otherwise been cost prohibitive to some
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lower income prospective parents. Removing this financial
barrier could result in a greater number of adoptive parents
paying the fee, offsetting in whole or in part the potential
impact of the assessment of a lower fee in some cases. The net
revenue impact is unknown but is not estimated to be
significant. Staff notes the DSS has also indicated it has the
authority to adjust the fee schedule.