BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



           ----------------------------------------------------------------- 
          |SENATE RULES COMMITTEE            |                        AB 848|
          |Office of Senate Floor Analyses   |                              |
          |1020 N Street, Suite 524          |                              |
          |(916) 651-1520         Fax: (916) |                              |
          |327-4478                          |                              |
           ----------------------------------------------------------------- 
           
                                           
                                    THIRD READING


          Bill No:  AB 848
          Author:   Patterson (R)
          Amended:  7/2/13 in Senate
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  6-0, 6/4/13
          AYES:  Evans, Anderson, Corbett, Jackson, Leno, Monning
          NO VOTE RECORDED:  Walters

           SENATE APPROPRIATIONS COMMITTEE  :  5-0, 8/12/13
          AYES:  De León, Gaines, Hill, Lara, Steinberg
          NO VOTE RECORDED:  Walters, Padilla

           ASSEMBLY FLOOR  :  75-0, 4/8/13 (Consent) - See last page for vote


           SUBJECT  :    Adoption

           SOURCE  :     Academy of California Adoption Lawyers


           DIGEST  :    This bill makes several changes to adoption processes  
          and adoptive placement considerations.  This bill clarifies when  
          a birth parents waiver of the right to revoke consent to an  
          adoption is void or able to be rescinded, and clarifies that an  
          abbreviated home study assessment may only be used for specified  
          individuals.

           ANALYSIS  :    

          1.Existing law specifies how a birth parent may relinquish a  
            child for adoption, and allows a parent to revoke the  
                                                                CONTINUED





                                                                     AB 848
                                                                     Page  
          2

            relinquishment within 10 days of the relinquishment for agency  
            adoptions and within 30 days for independent adoptions.  

            Existing law allows birth parents, either going through an  
            independent adoption or utilizing an agency adoption, to waive  
            their right to revoke relinquishment of their child for  
            adoption by signing the waiver in the presence of:  (1) a  
            representative of DSS, or the delegated county adoption  
            agency; or (2) if the birth parents are represented by  
            independent legal counsel, a judicial officer, adoption  
            service provider, or agency representative.  

            This bill clarifies that a birth parent's waiver of the right  
            to revoke the relinquishment for adoption is void if the  
            relinquishment is determined to be invalid, the relinquishment  
            is revoked during any holding period specified in writing, or  
            the relinquishment is rescinded, as specified.  This bill  
            provides that these provisions do not limit the birth parent's  
            right to rescind the relinquishment.

          2.Existing law provides that a waiver signed in front of a  
            judicial officer or the department 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 shall 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 (1) date it was  
            signed, (2) or the expiration of any holding period specified  
            in writing.

          3.Existing law requires DSS or delegated county adoption agency  
            to ascertain whether a proposed adoptive home is suitable for  
            the child.  Existing law further requires DSS or agency submit  
            to the court a full report of the facts found in studying a  
            prospective adoptive home. 

            Existing law authorizes DSS, county adoption agency, or  
            licensed adoption agency to order an abbreviated home study  
            for prospective adoptive parents who are already foster  
            parents or relative caregivers to the child, as specified.  

                                                                CONTINUED





                                                                     AB 848
                                                                     Page  
          3


            This bill clarifies that unless ordered otherwise by a court,  
            DSS or the licensed adoption agency overseeing the adoption  
            may do an abbreviated home study for the following  
            individuals:

              1.    A licensed foster parent with whom the child has lived  
                for at least six months;

              2.    An approved relative caregiver or non-related extended  
                family member with whom the child has had an ongoing and  
                significant relationship;

              3.    A court-appointed relative guardian who has had  
                physical custody of the child for at least one year and  
                has been investigated and approved under the guardianship  
                process; or

              4.    A prospective adoptive parent who has completed an  
                agency-supervised adoption within the last two years.

          This bill requires, as part of the abbreviated home study, a  
          review by DSS, county adoption agency, or licensed adoption  
          agency of all previous guardianship investigation reports, home  
          study assessments, and pre-placement evaluations of each  
          applicant.

           Background
           
          Every year, the Academy of California Adoption Lawyers (ACAL)  
          seeks to clarify or modify provisions in the Family and related  
          codes which they have identified as having either technical  
          errors or as being the basis for conflicting court rulings that  
          could potentially prolong the adoption process.  Accordingly,  
          this bill, sponsored by ACAL, makes various clarifying changes  
          related to adoption, including clarifying when a birth parent's  
          waiver of the right to revoke consent to an adoption is void or  
          able to be rescinded, and clarifying the law surrounding  
          eligibility for an abbreviated home study assessment.

           Prior Legislation  

          AB 1757 (Fletcher, Chapter 638, Statutes of 2012) clarified the  
          probate court's role when a child in a guardianship proceeding  

                                                                CONTINUED





                                                                     AB 848
                                                                     Page  
          4

          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.

          AB 687 (Fletcher, Chapter 462, Statutes of 2011) streamlined the  
          process for determining parent-child relationships, and made  
          other technical and substantive changes to adoption laws.

          AB 2020 (Fletcher, Chapter 588, Statutes of 2010) streamlined  
          the process for determining parent-child relationships and made  
          other substantive and technical changes to adoption laws.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No


          According to the Senate Appropriations Committee:


           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.

           SUPPORT  :   (Verified  8/13/13)

          Academy of California Adoption Lawyers (source)
          County of San Diego
          County Welfare Directors Association of California


           ARGUMENTS IN SUPPORT  :    According to the author's office, last  
          year, legislation was passed regarding a number of changes to  
          clarify the law to assist those who wish to build their families  
          through adoption.  DSS requested further clarification on one  

                                                                CONTINUED





                                                                     AB 848
                                                                     Page  
          5

          item that was not amended in time to make it into the final  
          version of the bill, and a second item for which some of the  
          final wording was inadvertently omitted from the final draft of  
          the bill.  


           ASSEMBLY FLOOR  :  75-0, 4/8/13
          AYES: Achadjian, Allen, Ammiano, Atkins, Bigelow, Bloom,  
            Blumenfield, Bocanegra, Bonilla, Bonta, Bradford, Brown,  
            Buchanan, Ian Calderon, Campos, Chau, Chávez, Chesbro, Cooley,  
            Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox, Frazier,  
            Beth Gaines, Garcia, Gatto, Gomez, Gordon, Gorell, Gray,  
            Grove, Hagman, Hall, Harkey, Roger Hernández, Holden, Jones,  
            Jones-Sawyer, Levine, Linder, Logue, Maienschein, Medina,  
            Melendez, Mitchell, Morrell, Mullin, Muratsuchi, Nazarian,  
            Nestande, Olsen, Pan, Patterson, Perea, V. Manuel Pérez,  
            Quirk, Quirk-Silva, Rendon, Salas, Skinner, Stone, Ting,  
            Torres, Wagner, Waldron, Weber, Wieckowski, Wilk, Williams,  
            Yamada, John A. Pérez
          NO VOTE RECORDED: Alejo, Conway, Lowenthal, Mansoor, Vacancy


          AL:d  8/14/13   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

                                   ****  END  ****
          

















                                                                CONTINUED